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The metering of private water supplies produced or operated on premises served by public sewer utilities may be required. If the use or consumption of water on any premises is taken into consideration in determining the charge to be made for the use of sewer utilities serving the premises, the municipality shall consider the amount or proportion of water used on the premises that does not reach or burden the sewer utilities.
(SDCL § 9-48-28)
Any funds, fees, rentals, charges, or rates collected under the authority of §§ 51.50 through 51.52, inclusive, shall be remitted to the finance officer by the officer charged with their collection at least once each month and shall be kept in a separate fund to be known as the sewer rental fund. Such fund shall be used for the purpose of paying the cost of financing the operation, maintenance or construction of the sewer utilities. However, no part of such fund may be used to meet the cost of construction of lateral sewers serving local territory or the portion of the cost of sewer utilities which have been financed by special assessment against benefitted properties. Surplus funds may be transferred in the manner described in SDCL Chapter 9-21.
(SDCL § 9-48-29)
Nothing contained in §§ 51.50 through 51.53, inclusive, shall be construed to limit or restrict the power of municipalities to contract as granted by § 51.08, and any contract heretofore or hereafter entered into under such power shall be in lieu of any fees, rates, rentals, or charges established under §§ 51.50 through 51.53, inclusive.
(SDCL § 9-48-30)
Nothing contained in §§ 51.50 through 51.53, inclusive, shall be construed to limit or restrict the power of municipalities to establish, equip, maintain, operate, extend, or improve water and sewer systems or combined water and sewer systems in the manner provided in SDCL Chapter 9-40, and any statutes heretofore or hereafter enacted amendatory thereof and supplemental thereof, and to fix, impose, and collect rents and charges for the service of such utility systems, and to issue revenue bonds and make the same payable from the revenues provided by such rates and charges, and to provide lawful stipulations and covenants for the security of such bonds. The procedural requirements in SDCL Chapter 9-40 shall constitute the only conditions prerequisite to the carrying out of such undertakings, the issuance of such bonds and the fixing and collection of such rates and charges. The moneys derived from such rates and charges may be used and accounted for in accordance with the provisions of SDCL Chapter 9-40, and are not subject to the limitations of §§ 51.50 through 51.53, inclusive.
(SDCL § 9-48-31)
(A) Notwithstanding any other provision in SDCL Chapter 9-48, this municipality which maintains, has installed, or plans to install sewer utilities for public use may establish, fair and equitable rates and charges for sewer utilities to be paid by the users of the sewer utilities and others connected thereto. The rates and charges may be established to recover past capital costs and pay for the capital costs of developing new capacity. For the purposes of this section, the term, capital costs, includes:
(1) Costs of construction or expansion of infrastructure that is necessary to serve a new development, including the design, surveying, engineering, environmental, and other professional fees that are directly related to the construction or expansion of the sewer utility;
(2) Land acquisition costs including the purchase of interest in land, any court award or settlement, appraisal, relocation service, negotiation service, title insurance, expert witness, attorney, and other professional fees that are directly related to the land acquisition;
(3) Debt service;
(4) Rate of return including a risk premium for any potential default; and
(5) Directly related expenses incurred in preparing or updating the comprehensive plan or zone improvement plan, including all administrative, consulting, attorney, and other professional fees.
(B) The rates and charges may be assessed separately or added to other rates established pursuant to this chapter.
(C) Two or more municipalities, sanitary districts, political subdivisions of this state, or any combination thereof, may enter into an agreement or contract with each other, or otherwise enter into an agreement as permitted by law, for the provision of sewer utilities.
(D) For the purposes of this section, the term,
SEWER UTILITY, means any main, trunk, service sewer, sanitary and storm sewer, and septic or treatment facility, drain, pumping station, lift station, interceptor, force main, manhole, flow equalization structure, and any other equipment, material, and facility related thereto.
(SDCL § 9-48-32.1)
ASSESSMENTS
(A) Whenever either a main sewer or trunk sewer or service sewer has been constructed for which the cost has not been apportioned against property which may be benefitted thereby as provided by this chapter, or SDCL Chapter 9-43, the municipality may require the owner of the property to pay its proportionate share of the cost of such construction, without interest, according to the benefits to accrue to such property before the property may be platted, replatted, or served by the facilities, as determined by the municipality.
(B) The municipality shall investigate and determine the amount to be paid. The amount shall be apportioned by the municipality among the persons, including the municipality, paying the appropriate cost.
(SDCL § 9-48-15)