CHAPTER 428
An Act to amend and reenact §§ 1, 2, 8, 10, 11, 12, 21, and 22, as amended, §§ 25, 26, 28, and 31, §§ 32 and 35, as amended, and § 38 of Chapter 66 of the Acts of Assembly of 1960, relating to Hampton Roads Sanitation District.
[H 2257]
Approved March 30, 2021
Be it enacted by the General Assembly of Virginia:
1. That §§ 1, 2, 8, 10, 11, 12, 21, and 22, as amended, §§ 25, 26, 28, and 31, §§ 32 and 35, as amended, and § 38 of Chapter 66 of the Acts of Assembly of 1960 are amended and reenacted as follows:
§ 1. The creation of the Hampton Roads Sanitation District is
hereby ratified, validated and confirmed, and said District shall embrace all
the territory within the Cities of Chesapeake, Hampton, Newport News, Norfolk,
Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Counties
of Accomack, Gloucester, Isle of Wight, James City, King and Queen, King
William, Mathews, Middlesex, Northampton and York; and the County
of Surry, excluding the Town of Claremont; and the Town of Urbanna.
Territory may be added to the District as hereinafter provided in this act.
For the purpose of this section, the territory of a county included within the District shall include all the territory lying within the boundaries of any town in the county unless otherwise specified.
Said District shall constitute a political subdivision of the Commonwealth established as a governmental instrumentality to provide for the public health and welfare.
§ 2. The functions, affairs and property of the Hampton Roads Sanitation District shall be managed and controlled by a commission, known as the "Hampton Roads Sanitation District Commission," consisting of eight members appointed by the Governor. The Commission and the term of each such member shall continue until his successor shall be duly appointed and qualified. The successor of each such member shall be appointed for a term of four years and until his successor shall be duly appointed and qualified, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member of the Commission shall be eligible for reappointment without limitation as to the number of terms that may be served. Members of the Commission may be suspended or removed by the Governor at his pleasure.
At the time of their appointment, one of the members of the
Commission, and each of his successors, shall be residents of the territory in
the District within the City of Norfolk; one of the members, and each of his
successors, shall be residents of the territory in the District within the City
of Virginia Beach; one of the members, and each of his successors, shall be
residents of the territory in the District within the City of Newport News
or the City of Williamsburg or James City County; one of the members, and
each of his successors, shall be residents of the territory in the District
within the City of Hampton or the City of Poquoson or York County; one
of the members, and each of his successors, shall be residents of the territory
in the District within the City of Chesapeake; one of the members, and each of
his successors, shall be residents of the territory in the District within the
City of Suffolk or Isle of Wight County or Surry County; one of the members,
and each of his successors, shall be residents of the territory in the District
within the City of Williamsburg or James City County or York County or the
City of Poquoson Accomack County or Northampton County or Gloucester
County or King William County or Mathews County or Middlesex County or the
Town of Urbanna or King and Queen County; and one of the members, and each
of his successors, shall be residents of the territory in the District within
the City of Portsmouth. Any member who shall cease to reside within the
territory from which he was appointed shall thereupon be disqualified from
holding office as a member of the Commission and the vacancy thus created shall
be filled by appointment by the Governor for the balance of the unexpired term.
§ 8. As used in this act, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(a) The word "District" means the Hampton Roads Sanitation District hereinabove mentioned.
(b) The word "Commission" means the Hampton Roads Sanitation District Commission hereinabove mentioned, or if said Commission shall be abolished, the board, body, commission or agency succeeding to the principal functions thereof or upon whom the powers given by this act to said Commission shall be conferred by law.
(c) The word "sewage" means the water-carried wastes
created in and carried, or to be carried, away from residences, hotels,
schools, hospitals, industrial establishments, commercial establishments
or any other private or public building, together with such Industrial
industrial wastes as may be present.
(d) The term "industrial wastes" means liquid or other wastes resulting from any processes of industry, manufacture, trade or business or from the development of any natural resource.
(e) The term "sewage disposal system" means and
shall include any plant, system, facility or property used or useful or having
the present capacity for future use in connection with the collection,
treatment, purification, reclamation or disposal of sewage, including
industrial wastes, or any integral part thereof, and, without limiting the
generality of the foregoing definition, shall embrace treatment plants, pumping
stations, storage tanks, intercepting sewers, force mains, gravity
mains, laterals, reclaimed water distribution lines, wells, nutrient removal
and/or recovery facilities, energy recovery and green energy facilities, and
all necessary appurtenances and equipment, and shall include all lands,
property, rights, rights of way rights-of-way, easements and
franchises relating to any such system and deemed necessary or convenient for
the operation thereof.
(f) The term "sewer improvements" shall embrace sewer mains, storage tanks and laterals for the reception of sewage from premises connected therewith and carrying such sewage to a sewage disposal system.
(g) The term "sewerage system" shall embrace sewage disposal systems, sewer improvements and all other real and personal property operated by the Commission for the purposes of this act.
(h) The word "cost," as applied to a sewage
disposal system or to extensions or additions thereto or to sewer improvements,
shall include the cost of construction, the cost of all labor , materials,
machinery and equipment, the cost of all lands, property, rights, rights of
way rights-of-way, easements and franchises acquired, financing
charges, interest prior to and during construction and, if deemed advisable by
the Commission, for one year after completion of construction, cost of plans
and specifications, surveys and estimates of cost and of revenues, cost of
engineering and legal services, provisions for working capital and a reserve
for interest, and all other expenses necessary or incident to determining the
feasibility or practicability of such construction, administrative expense and
such other expenses as may be necessary or incident to the financing herein
authorized.
(i) The word "owner" shall include all individuals, copartnerships, limited liability companies, associations and corporations and also counties, cities, towns and other political subdivisions and all public agencies and instrumentalities.
(j) The word "bonds" or the words "revenue bonds" shall embrace revenue bonds, notes and other obligations of the District issued under the provisions of this act.
(k) The word "pollution" means the condition of water resulting directly or indirectly from any of the following acts:
(1) contaminating such water;
(2) rendering such water unclean or impure;
(3) rendering such water injurious to public health, or unfit for public use;
(4) rendering such water harmful for cattle, stock or other animals;
(5) rendering such water deleterious to, or unfit for, fish or shellfish, or fish or shellfish propagation, or aquatic animals, or plant life in such water;
(6) rendering such water unfit for commercial use; or
(7) rendering such water harmful to fish or shellfish used for human consumption.
(l) The term "associated water system" means and shall include any plant, system, facility or property used or useful or having the present capacity for future use in connection with the treatment, purification or distribution of potable drinking water serving no more than 1,000 premises connected to a sewage disposal system and all necessary appurtenances and equipment, and shall include all lands, property, rights, rights-of-way, easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof.
§ 10. The Commission is hereby authorized and empowered:
(a) to adopt bylaws and to make rules and regulations for the management of its affairs and the conduct of its business;
(b) to adopt an official seal and alter the same at pleasure;
(c) to sue and to be sued;
(d) to construct, and to improve, extend, enlarge, reconstruct, maintain, equip, repair and operate a sewage disposal system or systems with or without associated water systems, enter within or without or partly within and partly without the corporate limits of the District, and to construct sewer improvements within the corporate limits of the District;
(e) to issue revenue bonds, notes or other obligations of the District for any of its authorized purposes, payable solely from the special funds provided under the authority of this act and pledged for their payment, all as provided in this act;
(f) to fix and collect rates, fees and other charges for the services and facilities furnished by any such sewage disposal system or sewer improvements or associated water systems, and to fix and collect charges for making connections with any such system or improvements;
(g) to acquire in the name of the District, either by purchase,
lease, grant, or the exercise of the right of eminent domain, such lands,
structures, property, rights, rights of way rights-of-way,
easements, franchises and other interests in or relating to lands, including
lands under water and riparian rights, and to acquire such personal property,
as it may deem necessary in connection with the construction, improvement,
extension, enlargement or operation of any sewage disposal system or sewer
improvements or associated water systems, and to hold and dispose of all
real and personal property under its control;
(h) to employ, in its discretion, consulting engineers, attorneys, accountants, construction and financial experts, managers, and such other officers, employees and agents as may be necessary in its judgment, and to fix their compensation;
(i) to exercise jurisdiction, control and supervision over any sewage disposal system or systems or sewer improvements or associated water systems operated or maintained by the Commission and to make and enforce such rules and regulations for the maintenance and operation of any such sewage disposal system or systems or sewer improvements or associated water systems as may, in the judgment of the Commission, be necessary or desirable for the efficient operation of any such system or improvements and for accomplishing the purposes of this act;
(j) to enter on any lands, water or premises located within or without the District to make surveys, borings, soundings or examinations for the purposes of this act;
(k) to construct and operate trunk, intercepting or outlet sewers, sewer mains, laterals, conduits or pipelines in, along or under any streets, alleys, highways or other public places within or without the District; in so constructing its facilities, it shall see that the public use of such streets, alleys, highways, and other public places is not unnecessarily interrupted or interfered with and that such streets, alleys, highways and other public places are restored to their former usefulness and condition within a reasonable time; to this end the Commission shall cooperate with the Commonwealth Transportation Board and the appropriate officers of the respective counties, cities and towns having an interest in such matters;
(l) to restrain, enjoin or otherwise prevent any county, city, town or political subdivision and any person or corporation, public or private, from discharging into any waters within the District, any sewage, industrial wastes or other refuse which would contribute or tend to contribute to the pollution of such waters, and to restrain, enjoin or otherwise prevent the violation of any provision of this act or of any resolution, rule or regulation adopted pursuant to the powers granted by this act;
(m) to use and connect with any sewage disposal system or sewer improvement within the District and, if deemed necessary by the Commission to close off and seal any outlets and outfalls therefrom;
(n) subject to such provisions and restrictions as may be set forth in the resolution authorizing any revenue bonds or in the trust agreement hereinafter mentioned securing the same, to enter into contracts with the United States of America or any agency or instrumentality thereof, or with any county, city, town or political subdivision or any sanitary district, private corporation, copartnership, association or individual providing for or relating to the treatment and disposal of sewage;
(o) to receive and accept from the United States of America or any agency or instrumentality thereof grants for or in aid of the planning, construction or financing of any sewage disposal system or sewer improvements or associated water systems, and to receive and accept contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made;
(p) to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act;
(q) to do and perform any acts and things authorized by this act under, through or by means of its own officers, agents and employees, or by contracts with any persons;
(r) to execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the Commission or to carry out the powers expressly given in this act; and
(s) to seek civil penalties or civil charges against owners who have been charged with violation of or found to be in violation of the pretreatment standards incorporated in the permit or other requirements of the District's approved industrial waste control program. The penalties which the District may seek, and the procedures to be followed by the District, shall be the same as those set forth for the State Water Control Board, as set forth in § 62.1-44.32 of the Code of Virginia.
1. For purposes of this subsection, the term "owner" shall include the definition contained in subsection (i) of § 8 and, in addition, any corporate officer designated in the permit issued by the District, if any.
2. With the consent of any owner who has violated a provision of this subsection, or is charged by the District with having violated the provision of this subsection, the District may provide, in an order issued by it against such owner, for the payment of civil charges for such violations in specific sums not to exceed those set forth in § 62.1-44.32 of the Code of Virginia for each violation. Each day of violation shall constitute a separate offense. Such civil charges shall be instead of any appropriate civil or criminal penalty imposed under the provisions of this subsection.
§ 11. (a) The Commission is hereby authorized and empowered to
acquire by purchase, lease, grant or conveyance such lands, structures,
property, rights, rights of way rights-of-way, easements,
franchises and other interests in or relating to lands, including lands lying
under water and riparian rights, as it may deem necessary or convenient for the
construction and operation of any sewage disposal system or sewer improvements
or associated water systems, upon such terms and at such prices as may be
considered by it to be reasonable and can be agreed upon between it and the
owner thereof.
All public agencies and commissions of the Commonwealth with the approval of the Governor and all counties, cities, towns and political subdivisions, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the District at the request of the Commission upon such terms and conditions as may be mutually agreed upon, without the necessity for any advertisement, order of court or other action or formality, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the Commission, including public highways and other real property already devoted to public use.
(b) The Commission is also hereby authorized and empowered to acquire
by condemnation or eminent domain such lands, structures, property rights,
rights-of-way, easements, franchises and other interests in or relating to
lands, including lands lying under water and riparian rights, deemed necessary
or convenient for the construction and operation of any sewage disposal system
or sewer improvements or associated water systems. The powers of
condemnation or eminent domain conferred on the Commission by this act shall be
exercised by the Commission pursuant to the provisions of Title 25.1, Chapter 1
through 4, inclusive, of the Code of Virginia, 1950, as now enacted or as
hereafter amended or reenacted;, provided, however, that the
Commission may proceed (i) for the procurement of lands, structures,
property rights, rights-of-way, easements, franchises and other interests in or
relating to lands contiguous to the site of an existing sewage disposal system
for construction and operation of an expanded sewage disposal system to meet
new regulatory requirements, including nutrient removal technology classified
under § 10.1-2131 of the Code of Virginia, 1950, as eligible for partial grant
funding from the Virginia Department of Environmental Quality, without regard
to the provisions of §§ 15.2-4313 and 25.1-106 of the Code of Virginia, 1950,
as enacted or as hereafter amended or reenacted, when such expansion is to be
funded in part or in whole by issuance of revenue bonds payable from the
revenues of the District provided under this act, and (ii) pursuant to the
provisions of Article 7 1 (§ 33.1-89 33.2-1000 et
seq.) of Chapter 1 10 of Title 33.1 33.2 of the
Code of Virginia, 1950, as enacted or as hereafter amended or reenacted, for
the procurement of rights of way rights-of-way for sewer lines
and sites for pumping stations.
(c) Title to any property acquired by the Commission shall be taken in the name of the District.
(d) The Commonwealth with the approval of the Governor hereby consents to the use of any lands or property owned by the Commonwealth including lands lying under water, which are deemed by the Commission to be necessary for the construction or operation of any sewage disposal system or sewer improvements or associated water systems.
§ 12. The Commission is hereby authorized to provide by resolution for the issuance, at one time or from time to time, of revenue bonds of the District for any one or more of the following purposes:
(a) refunding any bonds heretofore issued by the Commission and any revenue bonds, notes and other obligations issued under the provisions of this act and then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption thereof; provided, however, that no bonds issued after the effective date of this act shall be refunded at a net interest cost exceeding that of such bonds to be refunded unless, prior to the issuance of such refunding bonds, the Commission shall have determined that the issuance of such refunding bonds will be in the best interests of the District,
(b) paying the cost of a sewage disposal system or systems or associated water system,
(c) paying the cost of extensions and additions thereto, and
(d) paying the cost of sewer or water improvements.
§ 21. In the discretion of the Commission the revenue bonds of any issue may be secured by a trust agreement by and between the Commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the Commonwealth. Any such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received, but shall not convey or mortgage any sewage disposal system or sewer improvements or associated water systems or any part thereof. Any such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Commission in relation to the acquisition of property and the construction, improvement, extension, enlargement, reconstruction, maintenance, equipment, repair, operation and insurance of the properties of the District, and the custody, safeguarding and application of all moneys. Any such trust agreement may provide for or permit the issuance of additional bonds from time to time for the further extension of the sewerage system. If the Commission issues bonds that may be tendered for purchase by the holders thereof, any such trust agreement may provide that, for all purposes of the laws of the Commonwealth, the indebtedness of the District evidenced by such bonds shall not be deemed extinguished upon the purchase thereof by the District unless such bonds are delivered by the District to the trustee under such trust agreement with written instructions to cancel such bonds. It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth which may act as depositary of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Commission. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the Commission may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of any such trust agreement or resolution may be treated as a part of the cost of operation.
No such trust agreement or resolution need be filed or recorded except in the records of the Commission.
§ 22. The Commission may, in the resolution providing for the
issuance of revenue bonds or in the trust agreement securing the same, covenant
to fix the rates, fees and other charges for the use of, and for the services
and facilities furnished or to be furnished by, the sewage disposal system or
systems and the sewer improvements, or associated water systems if any,
for which such bonds are to be issued, to be paid by the owner, tenant or
occupant of each lot or parcel of land which may be connected with or may use
any such sewage disposal system or sewer improvements or associated water
systems. The Commission may revise such rates, fees and charges from time
to time. Such rates, fees and charges shall be so fixed and revised as to
provide funds, with other funds available for such purposes, sufficient at all
times (a) to pay the cost of maintaining, repairing and operating such sewage
disposal system or systems or associated water system and such sewer
improvements, if any, including reserves for such purpose and for renewals and
replacements and necessary extensions and additions to the sewerage system
or associated water systems, (b) to pay the principal of and the interest
on such revenue bonds as the same shall become due and to provide reserves
therefor, and (c) to pay costs associated with a customer assistance
program, and (d) to provide a margin of safety for making such payments.
The Commission shall charge and collect the rates, fees and charges so fixed or
revised, and, except as hereinafter provided in this act, such rates, fees and
charges shall not be subject to supervision or regulation by any department,
division, commission, board, bureau or agency of the Commonwealth or of any
district or other political subdivision of the Commonwealth.
Such rates, fees and charges shall be just and equitable and
may be based or computed either upon the quantity of water used or upon the
number and size of sewer connections or upon the number and kind of plumbing
fixtures in use in the premises connected with the sewerage system or upon the
number or average number of persons residing or working in or otherwise
connected with such premises or upon the type or character of such premises or
upon any other factor affecting the use of the facilities furnished or upon
household income for households at or below 200 percent of the federal poverty
level or upon any combination of the foregoing factors or as a constant
rate based upon average winter water usage in premises of similar character.
Charges for services to premises, including services to manufacturing and
industrial plants, obtaining all or a part of their water supply from sources
other than a public water system may be determined by gauging or metering at
the expense of the owner, tenant or occupant of such premises or in any other
manner as directed and approved by the Commission. Premises not discharging the
entire volume of water into the sanitary sewers shall may be
allowed a reduction in the charges provided the customer installs facilities,
in a manner satisfactory to the Commission, for measuring the volume either
discharged or not discharged into the sanitary sewers in lieu of a constant
rate as described herein.
The Commission shall fix and determine the time or times when and the place or places where such rates, fees and charges shall be due and payable and may require that such rates, fees and charges shall be paid in advance for periods of not more than six months. A copy of the schedules of all rates, fees and charges in effect shall at all times be kept on file at the principal office of the Commission, and such schedules shall at all reasonable times be open to public inspection.
In cases where the character of the sewage from any manufacturing or industrial plant, building or premises is such that it imposes an unreasonable burden upon any sewage disposal system, an additional charge may be made therefor, or the Commission may, if it deems it advisable, compel such manufacturing or industrial plant, building or premises to treat such sewage in such manner as shall be specified by the Commission before discharging such sewage, into the sewerage system or prohibit the discharge, directly or indirectly, of such sewage into the sewerage system.
§ 25. In the event that the rates, fees or charges charged by the Commission for the services and facilities of any sewage disposal system or sewer improvements or associated water systems by or in connection with any real estate or other property served shall not be paid as and when due, the owner, tenant or occupant, as the case may be, of such property shall, until such rates, fees and charges shall be paid, cease to dispose of sewage or industrial wastes originating from or on such property by discharge thereof directly or indirectly into the sewerage system, and if such owner, tenant or occupant shall not cease such disposal within two months thereafter, it shall be the duty of each county, city, town or other public corporation, board or body, private corporation or person supplying water to or selling water for use on, such property, within five days after receipt of notice of such facts from the Commission to cease supplying water to, and selling water for use on, such property. If such county, city, town or other public corporation, board or body, private corporation or person shall not within such time cease supplying water to, and selling water for use on, such property, the Commission may shut off the supply of water to such property and may disconnect such property from such sewage disposal system or sewer improvements or associated water systems, and for such purposes may enter on any lands, waters and premises of such county, city, town or other public corporation, board or body, private corporation or person.
If any rates, fees or charges for the services and facilities furnished by any sewage disposal system or sewer improvements or associated water systems of the District shall not be paid within thirty days after the same shall become due and payable, the Commission may at the expiration of such thirty day period proceed to recover the amount of any such delinquent rates, fees or charges by any action, suit or proceeding permitted by law or in equity.
§ 26. The Commission shall keep and preserve a complete register, or registers, open to public inspection, of all rates, fees and charges which have been charged by the Commission to the owners, tenants or occupants of any real estate for the use and services of any sewage disposal system or sewer improvements or associated water systems and have become due and payable and have not been paid. Such register or registers shall be kept in such place or places as the Commission shall determine.
§ 28. All revenues derived by the Commission from the sewage disposal system or systems or sewer improvements or associated water systems financed or refinanced by the bonds of any issue or issues, except such part thereof as may be required to pay the cost of maintaining, repairing and operating such system or systems or sewer improvements and to provide such reserves therefor as may be provided in the resolution providing for the issuance or such revenue bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or trust agreement and deposited to the credit of the following special funds:
(a) a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided, including the accumulation of a reserve for such purposes; such pledge shall be valid and binding from the time when the pledge is made, the revenues so pledged and thereafter received by the Commission shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Commission or the District, irrespective of whether such parties have notice thereof; and
(b) a fund for anticipated renewals, replacements, extensions, additions and extraordinary repairs of the sewerage system or associated water systems.
The use and disposition of moneys to the credit of any such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of such revenue bonds or in the trust agreement securing the same, and, except as may otherwise be provided in such resolution or trust agreement, such sinking fund shall be a fund for the benefit of such bonds without distinction or priority of one over another.
§ 31. The exercise of the powers granted by this act shall be in all respects for the benefits of the inhabitants of the Commonwealth and for the promotion of their safety, health, welfare, convenience and prosperity, and as the operation and maintenance of the sewage system or associated water systems by the Commission will constitute the performance of essential governmental functions, the Commission shall not be required to pay any taxes or assessments upon the sewerage system or associated water systems or any property acquired or used by the Commission under the provisions of this act or upon the income therefrom and the revenue bonds issued under the provisions of this act, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free and exempt from taxation by the Commonwealth and by any county, city, town or other political subdivision thereof.
§ 32. The Commission shall have no power to mortgage, pledge, encumber or otherwise dispose of any part of the sewerage system or associated water systems of the District, except such part or parts thereof as may be no longer necessary or useful for the purposes of the Commission; however, the Commission may enter into lease purchase and installment purchase agreements for equipment and fixtures and grant security interests therein. The provisions of this section shall be deemed to constitute a contract with the holders of bonds of the District. The sewerage system and associated water systems, if any, of the District shall be exempt from any and all liability which may be incurred by, or imposed upon, the Commission or any county, city, town or political subdivision.
§ 35. Any substantial change in the method used by the
Commission for treating and, reclaiming and/or
disposing of sewage and industrial wastes so as to prevent the pollution of any
waters within the District, shall, before being finally adopted or used by the
Commission, be approved by the Virginia Department of Environmental Quality as
effective and satisfactory for the purpose intended.
§ 38. Each county, city, town or other political subdivision shall promptly pay to the Commission all rates, fees and charges which the Commission may charge to it as owner, tenant or occupant of real estate. The Commission and any county, city, town or political subdivision in whole or in part outside of the District are authorized to enter into contracts providing for or relating to the treatment and, reclamation and/or disposal of sewage or industrial wastes originating in such county, city, town or political subdivision, by means of any sewage disposal system or such other facilities as the Commission may determine to provide for such purpose, and such county, city, town or political subdivision is authorized to do everything necessary or proper to carry out and perform every such contract.