In order to comply with applicable state and federal water pollution control standards and to be eligible for grants-in-aid or other allotments, notwithstanding any provision of law to the contrary, each municipal corporation and each county of this state is authorized, in the discretion of its governing authority, to enter into valid and binding contracts with each other and with private persons, firms, associations, or corporations, for any period of time not to exceed 50 years, to provide industrial waste-water treatment services to such private persons, firms, associations, or corporations, provided that such contracts shall provide that the charge for the services shall never be less than the actual cost to the municipal corporation or county for providing the services.
(Ga. L. 1974, p. 617, § 1; Ga. L. 2020, p. 493, § 36/SB 429.)
The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "waste-water" for "waste water" in the middle of this Code section.
Cross references.- Control of water pollution and surface-water use generally, § 12-5-20 et seq.
Regulation of solid waste handling, disposal, and treatment facilities, § 12-8-20 et seq.
Contracts relating to provision of solid waste handling services, § 12-8-77.
OPINIONS OF THE ATTORNEY GENERAL
Exception to rule against binding successors in office.
- O.C.G.A. § 36-60-2, permitting municipalities to enter into multi-year contracts to provide industrial waste water treatment services, provides an explicit statutory exception to O.C.G.A. § 36-30-3 and allows contracts between municipalities and certain private entities for periods up to 50 years. The contract must enable the municipality to comply with the state and federal pollution standards and to receive public allotments. In addition, the contract must comply with the statutory requirement that the private corporation be charged a rate never less than the actual cost to the municipality. A contract meeting the above requirements would not violate the statutory prohibition against binding successors in office. 1992 Op. Att'y Gen. No. 92-4.
RESEARCH REFERENCES
Am. Jur. 2d.
- 61B Am. Jur. 2d, Pollution Control, §§ 148 et seq., 185 et seq.
C.J.S.- 64 C.J.S., Municipal Corporations, §§ 1169, 1171.
ALR.- Validity and construction of anti-water pollution statutes or ordinances, 32 A.L.R.3d 215.