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Chapter 11. SANITARY DISTRICTS CHAPTER 11

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Chapter 11. SANITARY DISTRICTS CHAPTER 11 MRS Title 38, Chapter 11. SANITARY DISTRICTS CHAPTER 11 SANITARY DISTRICTS SUBCHAPTER 1 GENERAL PROVISIONS §1061. Short title This chapter shall be known and may be cited as the Maine Sanitary District Enabling Act. [PL 1965, c. 310 (NEW).] SECTION HISTORY PL 1965, c. 310 (NEW). §1062. Declaration of policy It is declared to be the policy of the State to encourage the development of sanitary districts consisting of: [PL 1971, c. 400, §1 (RPR).] 1. Municipality. A municipality; [PL 1971, c. 400, §1 (RPR).] 2. Municipalities. Two or more municipalities; [PL 1971, c. 400, §1 (RPR).] 3. -- sections. A section or sections of sufficient size of a municipality or 2 or more municipalities; [PL 1971, c. 400, §1 (RPR).] 4. Unorganized territory. A sufficient number of persons residing in unorganized territory; or [PL 1971, c. 400, §1 (RPR).] 5. Combination. Any combination of the foregoing, so that said districts may economically construct and operate sewage systems so as to assist in the abatement of the pollution of public streams, lakes and inland and ocean waters and enhance the public health, safety and welfare of the citizens of the State. [PL 1971, c. 400, §1 (RPR).] A sanitary district may only be formed where the Board of Environmental Protection finds that there is a need throughout a part or all of the territory embraced within the proposed district for the accomplishment of the purpose of providing an adequate, efficient system and means of collecting, conveying, pumping, treating and disposing of domestic sewage and industrial wastes within the proposed district and that such purposes can be effectively accomplished therein on an equitable basis by a sanitary district if created and that the creation and maintenance of such a district will be administratively feasible and in furtherance of the public health, safety and welfare. [PL 1981, c. 466, §1 (AMD).] SECTION HISTORY PL 1965, c. 310 (NEW). PL 1967, c. 524, §1 (AMD). PL 1969, c. 431, §9 (AMD). PL 1971, c. 400, §1 (RPR). PL 1971, c. 618, §12 (AMD). PL 1981, c. 466, §1 (AMD). §1063. Purpose The purpose of each sanitary district formed under this chapter shall be to construct, maintain, operate and provide a system of sewerage, sewage and commercial and industrial waste disposal and Generated 11.25.2020 Chapter 11. SANITARY DISTRICTS | 1 MRS Title 38, Chapter 11. SANITARY DISTRICTS sewage treatment and of storm and surface water drainage, for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district. [PL 1965, c. 310 (NEW).] SECTION HISTORY PL 1965, c. 310 (NEW). §1064. Exemption from taxation The property, both real and personal, rights and franchises of any sanitary district formed under this chapter shall be forever exempt from taxation. [PL 1965, c. 310 (NEW).] SECTION HISTORY PL 1965, c. 310 (NEW). §1065. Powers exercised according to general laws (REPEALED) SECTION HISTORY PL 1965, c. 310 (NEW). PL 1975, c. 461, §1 (RP). §1066. Provisions supplemental to other law This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. [PL 1965, c. 310 (NEW).] SECTION HISTORY PL 1965, c. 310 (NEW). §1067. Reimbursement of costs to municipalities Any municipality or municipalities which fall within a sanitary district formed under this Act shall be entitled to reimbursement from said sanitary district when the sanitary district is in a position to reimburse said costs. The term "costs" as used in this section shall include but shall not be limited to the following cost of preparation of an engineering study or studies; legal costs with relation to the application and presentation of any application for the formation of a sanitary district; other engineering costs that may not be included in a study; costs for financial advice; administrative expense and such other expense as may be necessary or incident to the action of any municipality under this Act. [PL 1965, c. 310 (NEW).] SECTION HISTORY PL 1965, c. 310 (NEW). §1068. Lease of property by sanitary district Nothing in this chapter is intended to limit the authority of a sanitary district to enter into a lease and leaseback transaction with respect to some or all of its real or personal property, other than land, and to 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 section, "lease" includes a lease of any length, including leases that may be defined as sales for income tax purposes. [PL 2003, c. 267, §2 (NEW).] SECTION HISTORY PL 2003, c. 267, §2 (NEW). SUBCHAPTER 2 Generated 2 | Chapter 11. SANITARY DISTRICTS 11.25.2020 MRS Title 38, Chapter 11. SANITARY DISTRICTS ORGANIZATION §1101. Formation The formation of a sanitary district is accomplished as follows. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §211 (AMD).] 1. Application. The municipal officers of the municipality or municipalities, or portions thereof, or the residents of unorganized territory, that desire to form a sanitary district shall file an application with the Board of Environmental Protection on a form or forms to be prepared by the commissioner, setting forth the name or names of the municipality or municipalities, or portions thereof, or, in the case of residents of unorganized territory, the names of the residents, that propose to be included in a proposed district, and shall furnish other data as the board may determine necessary and proper. The application must contain, but is not limited to, a description of the territory of the proposed district, the name proposed for the district which must include the words "Sanitary District," a statement showing the existence in the territory of the conditions requisite for the creation of a sanitary district as prescribed in section 1062. A copy of an engineering study or studies must be filed with the application. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §212 (AMD).] 1-A. Application by referendum. Residents of a municipality or municipalities, or portions thereof, that desire to form a sanitary district may petition the municipal officers to file an application for a sanitary district with the Board of Environmental Protection. The petition shall contain a description of the territory of the proposed district. Upon receipt of a written petition signed by at least 10% of the number of voters voting for the gubernatorial candidates at the last statewide election in that proposed district, the municipal officers shall submit the question to the voters of the proposed district at the next general, primary or special election within the proposed district. The referendum question shall read as follows: "Shall the municipal officers representing the proposed sanitary district, consisting of (describe the territory of the proposed district), file an application for a sanitary district with the Board of Environmental Protection on behalf of the residents of the proposed district?" If the referendum question is approved by a majority of the legal voters voting at the election, provided that the total number of votes cast for and against the referendum question equaled or exceeded 20% of the total number of votes cast in the proposed district in the last gubernatorial election, the municipal officers representing the residents of the proposed sanitary district shall file an application for that proposed district in accordance with subsection 1. [PL 1981, c. 466, §2 (NEW).] 2. Public hearing. Upon receipt of the application, the Board of Environmental Protection shall cause a public hearing to be held thereon, in one of the municipalities within the proposed district, or, in the case of an application made solely by residents of unorganized territory, at some convenient place within the boundaries of the proposed district. [PL 1977, c. 300, §50 (AMD).] 3. Approval of application. After the public hearing on the evidence received at the hearing, the board shall make findings of fact and conclusions thereon and determine of record whether or not the conditions requisite for the creation of a sanitary district exist in the territory described in the application. If the board finds that those conditions do exist, it shall issue an order approving the proposed district as conforming to the requirements of this chapter and designating the name of the proposed district. The commissioner shall give notice to the municipal officers within the municipality or municipalities involved, and where unorganized territory is involved, to the persons signing the application mentioned in subsection 1 and to the commissioners of the county wherein the unorganized Generated 11.25.2020 Chapter 11. SANITARY DISTRICTS | 3 MRS Title 38, Chapter 11. SANITARY DISTRICTS territory is located, of a date, time and place of a meeting of the municipal officers of the municipality or municipalities involved, and, where unorganized territory is involved, a joint meeting of all the persons signing the application mentioned in subsection 1 and of the commissioners of the county in which the unorganized territory is located. The notice must be in writing and sent by registered or certified mail, return receipt requested, to the addresses shown on the application mentioned in subsection 1 and, in the case of county commissioners, to the addresses of the county commissioners obtained from the county clerk. A return receipt properly endorsed is evidence of the receipt of notice. The notice must be mailed at least 10 days prior to the date set for the meeting. [PL 1989, c.
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