Alabama § 11-88-150 - Use of Public Funds to Repair or Replace Private Sewer Laterals.

§ 11-88-150. Use of Public Funds to Repair or Replace Private Sewer Laterals.

(a) The Legislature finds and declares all of the following:

(1) The degrading condition of private sewer laterals in many locations throughout the state has led to a rise in groundwater and stormwater intrusion into municipal sewer systems, resulting in overflow of sewage collection and treatment facilities and damage to both public and private property.

(2) Overflow of raw sewage into yards, rights-of-way, drainage ditches, streams, creeks, and rivers is a direct threat to the environment, from microscopic organisms to large animals and even to humans – especially children that like and need to play outdoors, often in those same areas vulnerable to overflow.

(3) The cost involved in repair or replacement of a sewer lateral is often unattainable by private individuals.

(4) Although the lack of repairs of private sewer laterals may be a result of neglect or insufficient funds on the part of private individuals, the effects of degradation of private sewer laterals as described above constitute a serious threat to public health.

(5) Use of public funds to remedy or combat public health issues is a primary role of government.

(6) The use of public funds to repair private sewer laterals, for the reasons described in this section, is a public purpose as that term has been defined by the Supreme Court of Alabama in Slawson v. Alabama Forestry Commission, 631 So.2d 953 (Ala. 1994), and related caselaw and opinions of the Supreme Court of Alabama; and use of public funds for this public purpose shall not be considered to be a lending of credit or a granting of public money or thing of value to or in aid of any private individual, association, company, partnership, or corporation, within the meaning of any state constitutional or statutory provision.

(b) For purposes of this section, “private sewer lateral” means a sewer line on private property that connects to a public sewer system, and does not include any portion of a sewer line within the foundation of a building.

(c)(1) Upon receipt of a written request from the owner of a property that has a private sewer lateral that is contributing to a serious threat to public health as described in this section and which the owner certifies that he or she is not financially able to repair or replace, a county, municipality, or district or authority incorporated under this title may use public funds to repair or replace the private sewer lateral upon adoption of a resolution detailing that the repair or replacement constitutes a public purpose, and shall recover the actual cost of repair or replacement by prorating the cost of repair or replacement on the utility bill of the owner of the private sewer lateral. Terms of the recovery of cost shall be detailed in the resolution and shall be as mutually agreed by both parties.

(2) A county, municipality, district, or authority shall not be obligated to replace a private sewer lateral.

(3) A county, municipality, district, or authority using public funds to repair or replace a private sewer lateral pursuant to subdivision (1) shall restore the property to the condition of the property as it existed prior to the repair or replacement.

(d) A county, municipality, district, or authority performing a repair or replacement of a private sewer lateral under subsection (c) shall not be deemed to be the owner of the private sewer lateral, nor shall the county, municipality, district, or authority be obligated to perform any other duties unless the county, municipality, district, or authority adopts a resolution accepting those duties.