Definitions.

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As used in the Rural Infrastructure Act:

A. "department" means the department of environment;

B. "fund" means the rural infrastructure revolving loan fund;

C. "local authority" means a mutual domestic association or water and sanitation district that supplies water, wastewater or solid waste services to, or a municipality that has, a population of less than twenty thousand or a county with a population of less than two hundred thousand;

D. "operate and maintain" means all necessary activities, including replacement of equipment or appurtenances to assure the dependable and economical function of a facility in accordance with its intended purpose;

E. "secretary" means the secretary of environment;

F. "solid waste facility" includes transfer and convenience facilities, landfills or other equipment or systems used for the processing, transformation, recycling or disposal of solid waste;

G. "wastewater facility" includes collection lines, pumping equipment, treatment works and disposal piping or process units; and

H. "water supply facility" includes the source of supply of water, pumping equipment, storage facilities, transmission lines, treatment works and distribution systems.

History: 1953 Comp., § 75-41-2, enacted by Laws 1973, ch. 333, § 2; 1977, ch. 253, § 75; 1979, ch. 219, § 1; 1983, ch. 173, § 2; 1987, ch. 175, § 1; 1988, ch. 28, § 2; 1991, ch. 208, § 1; 2001, ch. 250, § 1; 2001, ch. 265, § 1; 2007, ch. 342, § 1.

ANNOTATIONS

The 2007 amendment, effective July 1, 2007, eliminates an incorporated city, town or village and county and public water cooperative associations from the definition of "local authority"; defines "local authority" to mean associations or districts that supply water, wastewater or sold waste services to municipalities with a population less than 20,000 or a county with a population less than 200,000; and adds Subsection F.

2001 amendments. — Identical amendments to this section were enacted by Laws 2001, ch 250, § 1 and Laws 2001, ch. 265, § 1, effective June 15, 2001, rewriting Subsection A, which formerly read "'division' means the environmental improvement division of the health and environment department"; deleting Subsection B, which defined "board", adding Subsections F and G, and renumbering the remaining subsections accordingly.

The 1991 amendment, effective July 1, 1991, deleted " 'agency' or" at the beginning of Subsection A and inserted "but is not limited to" in Subsection F.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 241.


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