4741
. A district may acquire, construct, and complete within or
without the district, sewage collection, treatment and disposal
works, including sewage treatment plants, outfalls, intercepting,
collecting and lateral sewers, pipes, pumps, machinery, easements,
rights-of-way, and other works, property or structures necessary or
convenient for sewage collection, treatment, and disposal. No
sewerage system shall be constructed, maintained, or operated in any
city not in the district except by consent granted by an affirmative
vote by a majority of the full membership of the governing body of
the city; provided, however, that the district may construct,
operate, and maintain intercepting, trunk and outfall sewerlines,
other than ocean outfall lines and other terminal outfall lines,
together with pumps and like machinery necessary for sewage
transportation, in a city pursuant to Section 4759.1. For the
purposes of this section, the term "terminal outfall lines" means any
outfall sewerlines that discharge within the city any effluent from
a sewer treatment plant or any sewage.
It may also acquire lands and acquire and construct refuse
transfer or disposal facilities, or both, within or without the
district, and it may maintain and operate within the district
boundaries a system for transfer or disposal of refuse, or both;
provided, however, that the system shall not include "refuse
collection" which is defined as the house-to-house pickup of refuse
or any part thereof.
A district shall not acquire land for, or establish and operate, a
refuse transfer or disposal facility within either a city or the
unincorporated area of a county until the city council, if the
facility is proposed to be located in the city, or the board of
supervisors of the county, if it is proposed to be located in the
unincorporated area of the county, has by resolution, consented to
the use of the proposed site for that purpose.
If 90 percent or more of the total area of the district is
unincorporated territory and the land proposed to be acquired for a
refuse transfer or disposal facility is located in the unincorporated
territory of the county, the board of supervisors, before adopting
any resolution consenting to the use of land for that purpose, shall
hold a public hearing upon the question of the adoption of the
resolution. Notice of the hearing shall be given by publication in
the area pursuant to Section 6066 of the Government Code, not more
than 30 nor less than 10 days prior to the hearing. If at any time
before the hearing, there is filed with the board of supervisors a
written objection to the use of the proposed site for a refuse
transfer or disposal facility, signed by 2 percent or more of the
registered voters of the district, the board shall submit the matter
of the proposed use to the voters of the district at an election. The
proposition shall be submitted to the voters in the manner and under
the procedure prescribed in Article 5 (commencing with Section 4780)
of Chapter 3 of this part for submission of the proposition of
incurring a bonded indebtedness. If a majority of the votes cast in
an election are in favor of the proposed use, the board shall adopt
the resolution consenting thereto, but if a majority of the votes
cast are against the proposed use, the board shall dismiss the
proceedings, and no resolution consenting to the use of any of such
land shall be adopted by the board for at least one year from the
date of the election.