§ 160A-317. Power to require connections to water or sewer service and the use of solid waste collection services.
§ 160A‑317. Powerto require connections to water or sewer service and the use of solid wastecollection services.
(a) Connections. A city may require an owner of developedproperty on which there are situated one or more residential dwelling units orcommercial establishments located within the city limits and within areasonable distance of any water line or sewer collection line owned, leased aslessee, or operated by the city or on behalf of the city to connect the owner'spremises with the water or sewer line or both, and may fix charges for theconnections. In lieu of requiring connection under this subsection and in orderto avoid hardship, the city may require payment of a periodic availabilitycharge, not to exceed the minimum periodic service charge for properties thatare connected.
(b) Solid Waste. A city may require an owner of improvedproperty to do any of the following:
(1) Place solid waste in specified places or receptacles for theconvenience of city collection and disposal.
(2) Separate materials before the solid waste is collected.
(3) Participate in a recycling program by requiring separationof designated materials by the owner or occupant of the property prior todisposal. An owner of recovered materials as defined by G.S. 130A‑290(a)(24)retains ownership of the recovered materials until the owner conveys, sells,donates, or otherwise transfers the recovered materials to a person, firm,company, corporation, or unit of local government. A city may not require anowner to convey, sell, donate, or otherwise transfer recovered materials to thecity or its designee. If an owner places recovered materials in receptacles ordelivers recovered materials to specific locations, receptacles, and facilitiesthat are owned or operated by the city or its designee, then ownership of thesematerials is transferred to the city or its designee.
(4) Participate in any solid waste collection service providedby the city or by a person who has a contract with the city if the owner oroccupant of the property has not otherwise contracted for the collection ofsolid waste from the property.
(c) A city may impose a fee for the solid waste collectionservice provided under subdivision (4) of subsection (b) of this section. Thefee may not exceed the costs of collection. (1917, c. 136, subch. 7, s. 2; C.S., s. 2806; 1971, c. 698, s. 1; 1979,c. 619, s. 14: 1981, c. 823; 1989, c. 741, s. 2; 1991, c. 698, s. 2; 1993, c.165, s. 2; 1995, c. 511, s. 4.)