A district board shall have and may exercise the following powers and duties:
(1)  To sue and be sued;

Terms Used In Idaho Code 31-4906

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • District: means a regional solid waste or domestic septage district created pursuant to this chapter. See Idaho Code 31-4902
  • District board: means the board of directors of a district. See Idaho Code 31-4902
  • Domestic septage: means either liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar treatment works that receive only domestic sewage. See Idaho Code 31-4902
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • facilities: means all equipment and other property, including electrical cogeneration equipment, deemed necessary by the district board for the operation of a solid waste disposal and/or resource recovery system or the operation of domestic septage receiving stations, domestic septage treatment processes and domestic septage disposal methods. See Idaho Code 31-4902
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Solid waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U. See Idaho Code 31-4902
  • State: means the state of Idaho. See Idaho Code 31-4902
  • System: means all components of solid waste operations including, but not limited to, landfill compliance measures, landfill disposal operations, regional transfer operations, domestic septage receiving stations, domestic septage disposal methods, domestic septage treatment operations and resource recovery and management, on any site or sites acquired, constructed, operated, or managed by a district. See Idaho Code 31-4902
    • (2)  To develop and administer a system for the regional disposal of solid waste, domestic septage and/or resource recovery within the district;
    (3)  To authorize any action by motion, resolution, or other official action;
    (4)  To administer and enforce all solid waste or domestic septage regulations and standards of the district;
    (5)  To determine the location of its main office and branch offices, if any;
    (6)  To acquire, hold title to, lease, mortgage or encumber, dispose of, and pledge real and personal property and to acquire, construct, or lease buildings, structures, and solid waste or domestic septage disposal and resource recovery sites and equipment as may be deemed necessary to fulfill its duties, and to have and exercise the power of eminent domain therefor;
    (7)  To sell, convey, lease or dispose of any property, real or personal, with or without competitive bid, upon such terms and conditions and for such consideration as the district board deems appropriate;
    (8)  To acquire, construct, operate, and maintain any facilities within the district, and to enter into contracts and agreements, cooperative and otherwise, affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities, the state and any of its agencies or instrumentalities, any corporation or person, public or private, any municipality, and any political or governmental subdivision, within or without the state, and to cooperate with any one (1) or more of them in acquiring, constructing, operating, or maintaining a system or facilities within the district;
    (9)  To acquire, maintain, and operate, as an incident to solid waste disposal or domestic septage, electrical cogeneration facilities, to sell electricity to any person or entity, and to enter into contracts therefor;
    (10) To receive moneys and property from participating counties and to receive gifts, grants, and donations from any person or entity, to expend the same for the purposes of the district, to pledge the same for the payment of any indebtedness, to deposit moneys in accordance with the public depository laws of the state, and to invest moneys of the district in investments permitted under sections 67-1210 and 67-1210A, Idaho Code;
    (11) To borrow money and incur indebtedness, and to evidence the same by notes, warrants, bonds, or other evidence of indebtedness;
    (12) To have the management, control, and supervision of all the business and affairs of the district;
    (13) To hire an administrator and provide for the compensation of other employees of the district, and to retain agents, engineers and consultants;
    (14) To retain or employ regular legal counsel, and to retain such special legal counsel as may be deemed necessary;
    (15) To fix and to increase or decrease rates, fees, tolls, or charges for the use or availability of the facilities of the district;
    (16) To adopt rules, regulations, and standards, consistent with state and federal laws and regulations, for the use of the district’s system and facilities;
    (17) To maintain civil actions for the abatement of any violation of any of the district’s rules, regulations, or standards;
    (18) To insure its property and to enter into contracts for insurance, including, but not limited to, liability insurance;
    (19) To exercise all or any part or combination of the powers set forth in this chapter, and to do all things necessary or incidental to the proper operation of this chapter.