38 §1252. Additions to private and special laws
Title 38: WATERS AND NAVIGATION
Chapter 12: SEWER DISTRICTS
§1252. Additions to private and special laws
The following provisions are incorporated into the private and special laws governing all sewer districts. Any part of a sewer district charter not in conformity with this chapter is repealed. [1991, c. 213, §2 (AMD).]
1. Adoption of new rates. Prior to the adoption of a new rate schedule, the trustees shall hold a public hearing regarding the proposed rate schedule. The trustees shall publish the proposed rates and notice of the hearing not less than once in a newspaper having a general circulation in the district not less than 7 days prior to the hearing. The district shall mail to each ratepayer a notice of the public hearing and the proposed new rate at least 14 days prior to the hearing.
[ 1981, c. 466, §13 (NEW) .]
2. Eminent domain. The authority and procedures for the exercise of eminent domain by sewer districts shall conform to sections 1152, 1152-A, 1153 and 1154. In addition, no sewer district may take by right of eminent domain any of the property or facilities of any other public utility used, or acquired for future use by the owner thereof, in the performance of a public duty, unless expressly authorized by a special Act of the Legislature.
[ 1981, c. 466, §13 (NEW) .]
3. Connection of private sewers. Existing buildings which are already served by a private sewer system are not required to connect with any sewer or drain of the district as long as the private sewer or drainage system functions in a satisfactory and sanitary manner and does not violate any law or ordinance applicable thereto or any applicable requirements of the State of Maine Plumbing Code, as determined by the municipal plumbing inspector, his alternate, or, in the event that both are trustees or employees of the district, the Division of Health Engineering.
[ 1981, c. 466, §13 (NEW) .]
4. Expansion of district boundaries. Amendments to extend the boundaries of a sewer district must be approved by the voters of the district prior to consideration by the Legislature.
[ 1985, c. 506, Pt. B, §36 (AMD) .]
5. Trustees' compensation. The trustees shall receive compensation as recommended by them and approved by majority vote of the municipal officers in municipalities representing a majority of the population within the district, including compensation for any duties they perform as officers as well as for their duties as trustees. Certification thereof shall be recorded with the Secretary of State and recorded in the bylaws. Their compensation for duties as trustees shall be on the basis of such specified amount as may be specified in the bylaws, for each meeting actually attended and reimbursement for travel and expenses, with the total not to exceed such specific amount as may be specified in the bylaws. Compensation schedules in effect on January 1, 1982, shall continue in effect until changed.
[ 1985, c. 506, Pt. B, §37 (AMD) .]
6. Trustees retirement. Persons who have not been trustees prior to January 1, 1987, and who are not full-time employees, shall not be eligible to become members of the Maine Public Employees Retirement System as a result of their selection as trustees.
[ 1987, c. 256, §47 (RPR); 2007, c. 58, §3 (REV) .]
7. Sewer extensions. Sewer extensions are governed by this subsection.
A. A sewer district may not construct any sewer extension unless it acquires from the municipal officers or the designee of the municipal officers of any municipality through which the sewer extension will pass written assurance that:
(1) Any development, lot or unit intended to be served by the sewer extension is in conformity with any adopted municipal plans and ordinances regulating land use; and
(2) The sewer extension is consistent with adopted municipal plans and ordinances regulating land use.
If the municipal officers fail to issue a response to a written request from a district for written assurance within 45 calendar days of receiving the request in writing, the written assurance is deemed granted.
Not less than 7 days prior to the meeting at which the trustees will take final action on whether to proceed with the extension, the trustees of the district shall publish notice of the proposed extension in a newspaper having a general circulation that includes all municipalities through which the sewer extension will pass. [1995, c. 636, §2 (RPR).]
B. For an intermunicipal sewer extension, when written assurance is denied by municipal officers pursuant to paragraph A, an aggrieved party may appeal, within 15 days of the decision, to the State Planning Office, referred to in this paragraph as the "office," for a review of the municipal officers' decision. Notwithstanding Title 5, chapter 375, subchapter IV, the following procedures apply to the review by the office.
(1) The office may request any additional information from the sewer district, the municipality or the department. All information requested by the office must be submitted within 30 days of the request, unless an extension is granted by the office.
(2) Within a reasonable time, the office shall hold a hearing. The office shall give at least 7 days' written notice of the hearing to the sewer district, the municipality and the party that requested the hearing. The hearing is informal and the office may receive any information it considers necessary.
(3) Within 15 days of the hearing and within 60 days of the request for review, the office shall make a decision that must include findings of fact on whether the sewer extension proposal is inconsistent with adopted municipal plans and ordinances regulating land use. The decision of the office constitutes final agency action.
(4) Notwithstanding paragraph A, if the office determines that the sewer extension proposal is not inconsistent with adopted municipal plans and ordinances regulating land use, the office shall issue written assurance that the proposal is consistent with adopted municipal plans and ordinances regulating land use, and the sewer district may construct the sewer extension. [1995, c. 636, §2 (NEW).]
[ 1995, c. 636, §2 (RPR) .]
8. Enforcement power. A sewer district may seek in a civil action injunctive relief from an industrial user that violates any pretreatment standard or requirement administered by the district. The district may seek a civil penalty of up to $1,000 a day for each violation by an industrial user of a pretreatment standard or requirement.
[ 1991, c. 213, §3 (NEW) .]
9. Coordination with municipal planning. To facilitate coordination of municipal planning and sewer extension planning:
A. The trustees of a sewer district shall cooperate with municipal officials in the development of municipal growth management and other land use plans and ordinances; and [1993, c. 721, Pt. B, §6 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
B. Municipal officers shall cooperate with the trustees of a sewer district during the consideration of development applications that may affect the operations of the district. [1993, c. 721, Pt. B, §6 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
[ 1993, c. 721, Pt. B, §6 (NEW); 1993, c. 721, Pt. H, §1 (AFF) .]
10. Lease of property. A sewer district may enter into a lease and leaseback transaction with respect to some or all of its real or personal property, other than land, and may take all other action necessary or desirable, including, but not limited to, the granting of mortgages and liens, to effectuate the transaction. For purposes of this subsection, "lease" includes a lease of any length, including leases that may be defined as sales for income tax purposes.
[ 2003, c. 267, §3 (NEW) .]
11. Landlord access to tenant bill payment information. If a tenant is billed for sewer service provided to property rented by the tenant and nonpayment for the service may result in a lien against the property, the sewer district shall provide to the landlord or the landlord's agent, on request of the landlord or the landlord's agent, the current status of the tenant's account, including any amounts due or overdue.
[ 2005, c. 306, §4 (NEW) .]
12. Impact fees and connection fees; affordable housing. The trustees may reduce the impact fee or connection fee, as those terms are defined in Title 30-A, section 5061, for sewer service to newly constructed affordable housing in accordance with Title 30-A, chapter 202-A.
[ 2007, c. 174, §5 (NEW) .]
SECTION HISTORY
1981, c. 466, §13 (NEW). 1983, c. 480, §A69 (AMD). 1985, c. 506, §§B36,37 (AMD). 1987, c. 256, §47 (AMD). 1991, c. 213, §§2,3 (AMD). 1993, c. 721, §§B5,6 (AMD). 1993, c. 721, §H1 (AFF). 1995, c. 636, §2 (AMD). 2003, c. 267, §3 (AMD). 2005, c. 306, §4 (AMD). 2007, c. 58, §3 (REV). 2007, c. 174, §5 (AMD).