An Act To Amend the Charter of the Ogunquit Sewer District

Sec. 1. P&SL 1963, c. 87, §1,  as amended by P&SL 2001, c. 19, §2, is further amended to read:

Sec. 1. Territorial limits; incorporation; purposes. The inhabitants and territory within the Town of Ogunquit in York County constitute a public sewerage district and a body politic and corporate under the name of "Ogunquit Sewer District." The purpose of the district, subject to the provisions of section 10, is to take over, control, operate and manage the sanitary sewer system previously owned by the Town of Ogunquit and as further improved and expanded by the Ogunquit Sewer District with all appurtenances thereto; to extend, increase, enlarge and improve the sewer system; to extend the present system or systems so as to furnish sewerage facilities to those parts of the district and, as determined appropriate by the trustees of the district, to parts of adjoining municipalities not now served with such facilities; to provide for removal and treatment of sewage when, as and if such treatment becomes necessary; and generally to construct, maintain, operate and provide a system of sewerage sewage collection and pumping, sewage disposal and sewage treatment for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district.

Sec. 2. P&SL 1963, c. 87, §1-A  is enacted to read:

Sec. 1-A. Powers. The district has all powers, rights, privileges and immunities incident to similar corporations or necessary for the accomplishment of the district's purposes. The district is authorized for the purposes of this section to take over and hold the sewers and other assets of the existing sewerage system of the Town of Ogunquit and to acquire and hold by purchase, lease, the exercise of the right of eminent domain or otherwise land, real estate, rights or easements, or interests in the land, real estate, rights or easements, located within the district or elsewhere and personal property. The district has all the powers and authorities and is subject to the limitations and restrictions provided to a sanitary district formed under the Maine Revised Statutes, Title 38, chapter 11, except that Title 38, sections 1061, 1062, 1067, 1101, 1102, 1103, 1104, 1105, 1106, 1201, subsection 10, 1203, 1205, 1206, 1207 and 1210 do not apply to the district and any notice of impending automatic foreclosure issued by the district must bear the name "Ogunquit Sewer District" in all appropriate locations.

Sec. 3. P&SL 1963, c. 87, §2, 2nd ¶,  as amended by P&SL 2001, c. 19, §3, is repealed.

Sec. 4. P&SL 1963, c. 87, §2-A  is enacted to read:

Sec. 2-A. Sewer extensions. Sewer extensions are governed by the Maine Revised Statutes, Title 38, section 1252, subsection 7.

Sec. 5. P&SL 1963, c. 87, §8,  as amended by P&SL 2001, c. 19, §6, is repealed and the following enacted in its place:

Sec. 8. Contracts. The district is authorized to contract with persons, corporations, districts and other municipalities, both inside and outside the boundaries of the district, with the State and the United States Government or any agency of either and with private contractors, to provide for disposal of sewage and commercial and industrial waste and storm and surface water through the district's system and through the system of a person, corporation, district or other municipality; and every other district and municipality of the State is authorized to contract with the district for the collection, distribution, treatment and disposal of sewage and commercial and industrial waste and storm and surface water.

Sec. 6. P&SL 1963, c. 87, §9, 2nd ¶,  as amended by P&SL 2001, c. 19, §6, is further amended to read:

When the character of the work is such as to endanger travel on a public way, the overseers  town manager of the Town of Ogunquit, and the municipal officers  or the town managers of adjoining municipalities, when the instance may apply, may order a temporary closing of the way, and of any intersecting way, upon request of the district, and the way must remain closed to public travel until the overseers or municipal officers, as the case may be, determine  respective town manager determines that the way is restored to a condition safe for traffic.

Sec. 7. P&SL 1963, c. 87, §12  is repealed and the following enacted in its place:

Sec. 12. Connection of private sewers. Every building within the district intended for human habitation or occupancy or with facilities for discharge or disposal of sewage or commercial or industrial waste that is accessible to a sewer or drain of the district must have a sanitary sewer or drainage system that must be connected with the sewer or drain of the district by the owner or person against whom taxes on the premises are assessed in the most direct manner possible within 90 days after receiving a request for connection from the district or within such further time as the trustees of the district may grant and, if feasible, with a separate connection for each building. Existing buildings that 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 applicable law or ordinance or any applicable requirements of the state plumbing code, as determined by the municipal plumbing inspector or the plumbing inspector's alternate or, in the event that both are trustees or employees of the district, the Department of Health and Human Services, Division of Health Engineering. A building is considered to be accessible to a sewer or drain of the district for the purposes of this section if that building or any private sewer or drain directly or indirectly connected to the building, or carrying sewage or commercial or industrial waste from the building, is at any point or may at some point come within 150 feet of a sewer or drain of the district, except that nothing in this section requires the owner of any building to acquire any real property or easement for the sole purpose of making that connection.

Sec. 8. P&SL 1963, c. 87, §13,  as amended by P&SL 2001, c. 19, §6, is further amended to read:

Sec. 13. Sanitary provisions, standards and penalty for violations. The district is authorized to adopt standards as may be required to conform its operations with state and federal environmental statutes and regulations , establish and amend reasonable rules, regulations and bylaws for the proper management of the affairs of the district and perform other acts within the powers delegated by law to the trustees. Any person who places, discharges or leaves an offensive or injurious matter or material on or in the conduits, catch basins or receptacles of the district contrary to its rules or regulations, or willfully injures any conduit, pipe, reservoir, flush tank, catch basin, manhole, outlet, engine, pump or other property held, owned or used by the district for the purposes of this act is liable to pay twice the amount of the damages to the district, to be recovered in a civil action; and such person, on conviction of any of the acts or willful injury described in this section , and any person who violates section 11 or 12, may be punished by a fine of up to $1,000 per day.

Sec. 9. P&SL 1963, c. 87, §14,  as amended by P&SL 2001, c. 19, §7, is further amended by amending the 4th, 8th, 9th and 10th paragraphs to read:

The annual meeting of the district must be held on the last Monday of June at an hour , date and place designated by resolution of the board of trustees as provided in the bylaws. At the annual meeting of the district, the trustees shall elect a chair, a treasurer and a clerk to serve for the ensuing year and until their successors are elected and qualified.

As soon as convenient after the election or appointment of a new trustee, the board of trustees shall hold a meeting at some convenient place in the district, to be called by any member of the board of trustees in writing, designating the time and place and delivered in hand to the other 2 members not less than 2 full days before the meeting; except that they may meet by agreement without a notice.  As soon as convenient after the regularly scheduled annual election, and after the appointment of a new trustee to fill a vacancy on the board of trustees, the board of trustees shall organize by election from their own members a chair, treasurer and clerk. The trustees may adopt and establish bylaws, consistent with the laws of the State of Maine and the United States, as may be necessary for their own convenience and the proper management of the affairs of the district, and perform any other acts within the powers delegated to them by law.

The trustees from time to time may choose and employ, and fix the compensation of, any other necessary officers and agents who serve at their pleasure. The treasurer shall furnish bond or appropriate insurance coverage in such sum and with such sureties as the trustees approve, the cost of the bond or insurance coverage to be paid by the district.

Members of the board of trustees are eligible to serve in any office under the board. The trustees receive a salary not to exceed $750  $950 per year and the treasurer may be allowed further compensation as the trustees determine.

Sec. 10. P&SL 1963, c. 87, §17,  as amended by P&SL 2001, c. 19, §8, is repealed and the following enacted in its place:

Sec. 17. Authorized to borrow money and to issue bonds and notes. To procure funds for the purposes of this Act and for such other expenses as may be necessary for the carrying out of the purposes, the district without a district vote but by action of its board of trustees is authorized to raise funds from sources other than operational activities by borrowing money pursuant to the Maine Revised Statutes, Title 38, section 1201. The district may issue its notes and bonds in one series or in separate series from time to time, as long as the aggregate outstanding principal balance at any one time does not exceed $7,000,000, unless a higher debt obligation limit is approved pursuant to section 17-A.

All bonds, notes or other evidences of indebtedness must have inscribed upon their face the words "Ogunquit Sewer District" and must be signed by the treasurer and countersigned by the chair of the board of trustees of the district and, if coupon bonds are issued, the interest coupons attached must bear the facsimile of the signature of the treasurer.

Sec. 11. P&SL 1963, c. 87, §17-A  is enacted to read:

Sec. 17-A. Increases in the debt obligation limit. The district is authorized to increase its debt obligation limit pursuant to the Maine Revised Statutes, Title 38, section 1256. The district shall hold a referendum on any increase in its debt obligation pursuant to Title 38, section 1256.

Sec. 12. P&SL 1963, c. 87, §18  is repealed and the following enacted in its place:

Sec. 18. Sinking fund provided for. The district is authorized to create and maintain reserves as may be required by any trust agreement or resolution securing bonds and notes. The district is authorized to pay or provide for any amounts that the district may be obligated to pay or provide for by law or contract, including any resolution or contract with or for the benefit of the holders of its bonds and notes.

Sec. 13. P&SL 1963, c. 87, §19,  as amended by P&SL 1975, c. 81, §6, is repealed and the following enacted in its place:

Sec. 19. Rates and tolls; application of revenues. All individuals, firms and corporations, whether public, private or municipal, shall pay to the treasurer of the district rates pursuant to the Maine Revised Statutes, Title 38, section 1202 and other lawful charges established by the board of trustees for the services used or available to them. The sewer rates may be adjusted for the quality and character of the material discharged into the sewer system and may include discounts and late charges, rates for the district's connection fees, impact fees and readiness to serve charge against owners or persons in possession or against whom the taxes are assessed of all buildings or premises intended for human habitation or occupancy, whether occupied or not, that abut on a street or location through which the district has constructed a sewer line or that are within 150 feet of a sewer line constructed by the district, even if the buildings or premises are not actually connected to the sewer line.

Sec. 14. P&SL 1963, c. 87, §30  is enacted to read:

Sec. 30. Supplementary charges; powers granted. The district is authorized to impose charges, in addition to any other assessments lawfully imposed by general law, for the use of sewers, sewer systems and treatment works, and the trustees may adopt rules and regulations as may be necessary or convenient to carry out the purposes of the district. All incidental powers, rights and privileges necessary to the accomplishment of the purposes of the district are granted to the district and its trustees, including the right of its trustees to determine when and where sewerage and treatment facilities and disposal units are needed and when and where they are constructed.

summary

This bill modifies the charter of the Ogunquit Sewer District to bring it into compliance with the Maine Sanitary District Enabling Act, especially as it relates to the sinking fund.