CHAPTER 74
S.P. 709 - L.D. 1957
An Act to Amend the Charter of the Sanford Sewerage District
Be it enacted by the People of the State of Maine as follows:
Sec. 1. P&SL 1947, c. 169, §6, last ¶, as amended by P&SL 1977, c. 90, §9, is repealed.
Sec. 2. P&SL 1947, c. 169, §§6-A and 6-B are enacted to read:
Sec. 6-A. Establishment of rules and regulations. The trustees may establish reasonable rules, regulations and bylaws for the construction, use, repair and maintenance of sewers and fix and collect the fees to be paid for entering the same, and also the quarterly rentals for the use thereof. The trustees also shall prepare, publish and make available for any interested inhabitants of the district an annual report and financial statement of the affairs of the district for the calendar year just preceding such report and statement to be prepared, published and made available as soon as practicable after the close of the calendar year.
Sec. 6-B. Adoption of pretreatment rules. The trustees may adopt rules and regulations as may be appropriate or lawfully required to enable the district as a publicly owned treatment works to comply with all state and federal laws, including the Clean Water Act, 33 United States Code, Section 1251 and the General Pretreatment Regulations, 40 Code of Federal Regulations, Part 403, controlling the use and operation of districts and facilities, as such, including:
1. The prevention of the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
2. The prevention of the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works inadequately treated into receiving waters or otherwise be incompatible with the publicly owned treatment works;
3. The protection of both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
4. The provision of fees for the equitable distribution of the cost of operation, maintenance and improvement of the publicly owned treatment works; and
5. The district's obligation to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements and any other federal or state laws to which the publicly owned treatment works is subject.
Any such rule or regulation applies to all users of the publicly owned treatment works. The rule or regulation may authorize the issuance of wastewater discharge permits, provide for monitoring, compliance and enforcement activities, establish administrative review procedures, require user reporting and provide for the setting of fees for the equitable distribution of costs resulting from the program established.
To the extent authorized under state or federal law, including the Maine Revised Statutes, Title 38, section 1252, the district may pursue civil or criminal remedies or injunctive relief against anyone violating provisions of any rule or regulation adopted pursuant to this section.
Rules or regulations adopted by the district must be adopted by the trustees in accordance with applicable laws, including the Maine Administrative Procedure Act.
Sec. 3. P&SL 1947, c. 169, §10, first ¶, first sentence, as amended by P&SL 1977, c. 90, §13, is further amended to read:
To procure funds for the purposes of this Act and for such other expenses as may be necessary for the carrying out of said the purposes, said the district, without a district vote, but by action of its board of trustees, is authorized to issue its notes and bonds in one series, or in separate series from time to time, to an amount not exceeding the sum of $2,000,000 $4,000,000, unless a higher debt limit is established pursuant to section 10-A.
Sec. 4. P&SL 1947, c. 169, §10, first ¶, 5th sentence, as amended by P&SL 1977, c. 90, §14, is further amended to read:
Each loan may be payable in approximately equal annual serial installments, or made to run for such term as said trustees shall determine, but no a series shall may not run for a longer period than 40 years from its date; and bonds and notes may be issued as aforesaid for the purpose of paying or refunding bonds or notes theretofore issued, provided that as long as the total amount of bonds and notes at any one time outstanding shall does not exceed the aforesaid sum of $2,000,000 $4,000,000, unless a higher debt limit is established pursuant to section 10-A.
Sec. 5. P&SL 1947, c. 169, section 10-A is enacted to read:
Sec. 10-A. Increases in the debt limit. The trustees of the district may propose a debt limit for the district and submit the proposal for approval in a district-wide 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 nor the clerk to post a new list of voters. 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 conform to the following form:
"Do you favor changing the debt limit of the Sanford Sewerage District from (insert current debt limit) to (insert proposed debt limit)?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.
The results must be declared by the trustees and entered upon the district's records. Due certificate of the results must be filed by the clerk with the Secretary of State.
A debt limit proposed by the trustees pursuant to this section 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.
If a debt limit is established and approved by referendum pursuant to this section, the total indebtedness of the district at any one time outstanding may not exceed the total amount so established.
Sec. 6. Referendum not required. The provisions of this Act are not subject to referendum approval before becoming effective.
Effective June 30, 1998.
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