| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 38 MRSA §1101, first ¶, as affected by PL 1989, c. 890, Pt. A, | | §40 and amended by Pt. B, §211, is further amended to read: |
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| | | The formation of a sanitary district is accomplished as | | follows, unless a municipality chooses to establish a | | decentralized community sanitary district, in which case the | | decentralized community sanitary district is formed pursuant to | | section 1163-B. |
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| | | Sec. 2. 38 MRSA §1163-B is enacted to read: |
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| | | §1163-B.__Decentralized community sanitary district |
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| | | 1.__Definition.__As used in this section, "decentralized | | community sanitary district" means a sanitary district formed to | | manage one or more subsurface wastewater collection, treatment | | and disposal systems constructed according to the requirements of | | the subsurface wastewater disposal rules adopted pursuant to | | Title 22, section 42, subsection 3 to accommodate nonindustrial | | development entirely within one or more areas designated as | | growth areas in a comprehensive plan approved under Title 30-A, | | section 4347-A. |
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| | | 2.__Formation.__A decentralized community sanitary district: |
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| | | A.__May be formed only if no sanitary or sewer district | | formed under this chapter or other state law exists with | | jurisdiction to serve the geographic area or areas in | | question; and |
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| | | B.__Is created in the same manner as a sanitary district | | under this chapter, except submission to the voters is not | | required and, following the joint meeting as required in | | section 1101 between the commissioner and the municipal | | officers or others named in the application for a | | decentralized community sanitary district, the trustees must | | be appointed by the municipal officers of the municipality | | or municipalities in which the designated growth area or | | areas are located.__The terms of the trustees are determined | | in the manner described in section 1105. |
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| | | 3.__Application.__Upon approval by the board of an application | | for a decentralized community sanitary district, the commissioner | | shall issue a certificate of organization in the name of the | | decentralized community sanitary district in a form as the | | commissioner determines.__The original certificate must be | | delivered to the trustees on the day that they are directed to |
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