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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 38. WATERS AND NAVIGATION
Chapter : Chapter 12. SEWER DISTRICTS
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Title 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sewer district charter not in conformity with this chapter is repealed.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 State Retirement System as a result of their selection as trustees.
[1987, c. 256, §47 (rpr).]
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); 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); Pt. H, §1 (aff).]
[1993, c. 721, Pt. B, §6 (new); 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).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1253. Governance of sewer districts
Title 38: WATERS AND NAVIGATION
Chapter 12: SEWER DISTRICTS
§1253. Governance of sewer districts
1. Formation of new sewer districts. Any quasi-municipal district formed after January 1, 1982, to serve the functions of a sewer district shall be formed in
accordance with the Maine Sanitary District Enabling Act, chapter 11, as amended.
[1981, c. 466, § 13 (new).]
2. Reorganization of existing sewer districts. Any sewer district existing on January 1, 1982, may, but is not required to, reorganize as a sanitary district under the
Maine Sanitary District Enabling Act. In order to accomplish this, the referendum procedure of section 1101, subsection 1-A
may be initiated by the voters or by majority vote of the trustees.
[1981, c. 466, § 13 (new).]
3. Legislative amendment of charters. Prior to acting upon any proposed sewer district charter amendment the legislative committee shall obtain written comments
from the municipalities that lie in whole or in part within the district.
[1987, c. 490, Pt. C, § 17 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1254. Effective date
Title 38: WATERS AND NAVIGATION
Chapter 12: SEWER DISTRICTS
§1254. Effective date
This chapter shall take effect January 1, 1983, except that section 1252, subsections 5 and 6 and section 1253 shall take
effect January 1, 1982.
[1981, c. 466, § 13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1255. Mutual funds
Title 38: WATERS AND NAVIGATION
Chapter 12: SEWER DISTRICTS
§1255. Mutual funds
A sewer district may invest its funds, including sinking funds, reserve funds and trust funds, to the extent that the terms
of any instrument creating the funds do not prohibit the investment, in shares of an investment company registered under the
federal Investment Company Act of 1940, whose shares are registered under the United States Securities Act of 1933, only if
the investments of the investment company are limited to obligations of the United States or any agency or instrumentality,
corporate or otherwise, of the United States or repurchase agreements secured by obligations of the United States or any agency
or instrumentality, corporate or otherwise, of the United States. This section is in addition to, and not in limitation of,
any power of a sewer district to invest its funds.
[1993, c. 651, §8 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1256. Sewer districts; authority to increase debt limits
Title 38: WATERS AND NAVIGATION
Chapter 12: SEWER DISTRICTS
§1256. Sewer districts; authority to increase debt limits
1. Debt limit. Notwithstanding any provision of its charter to the contrary, a sewer district may increase its debt limit by referendum
in accordance with this section. A sewer district is not required to use the procedure provided by this section and may seek
to increase its debt limit by any other lawful means, including pursuant to any other means described in its charter or by
seeking legislative amendment to its charter.
[2005, c. 192, §3 (new).]
2. Referendum. If a sewer district chooses to increase its debt limit pursuant to this section, the governing body of the sewer district
shall propose a new debt limit and submit the proposal for approval at a districtwide referendum. The referendum must be
called, advertised and conducted according to the law relating to municipal elections, except the registrar of voters is not
required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the district
if the usual voting place for persons located within the district is located outside the territory of the district. For the
purpose of registering voters, the registrar of voters must be in session on the regular work day preceding the election.
The question presented must be in substantially the following form:
p align="center">"Do you favor changing the debt limit of the (insert name of district) from (insert current debt limit) to (insert proposed
debt limit)?"
p align="center">The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.
p align="center">The results must be declared by the governing body of the district and entered upon the district's records. Due certificate
of the results must be filed by the clerk with the Secretary of State.
[2005, c. 192, §3 (new).]
3. Approval. A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the district voting
at the referendum. Failure of approval by the majority of voters voting at the referendum does not prevent subsequent referenda
from being held for the same purpose. The costs of referenda are borne by the district.
[2005, c. 192, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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