An Act Relating to Community Sanitary Districts Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: I Sec. 1. 30-A MRSA §5403, sub-§§12 and 13, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to read: 12. Loans and grants. Accept from any authorized agency of the Federal Government or the State loans or grants for the planning, construction or acquisition of any revenue-producing municipal facility or part of a revenue-producing municipal facility; enter into agreements with that agency concerning any such loans or grants; and receive and accept aid and contributions from any source of money, property, labor or other things of value, to be held, used and applied only for the purposes for which such loans, grants and contributions may be made; aile 13. General powers. Do all acts and things necessary or Page 1-LR1078(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0635
Committee Amendment CA_A_H908 (House)
Amends: 30-A MRSA §5403, 38 MRSA §1101-A

COMMITTEE AMENDMENT "A" to H.P. 468, L.D. 635, Bill, "An 
Act To Amend the Maine Sanitary District Enabling Act" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Relating to Community Sanitary Districts' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
I Sec. 1. 30-A MRSA §5403, sub-§§12 and 13, as enacted by PL 
1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, 
c. 6; c. 
9, §2; and c. 104, Pt. C, 
§§8 and 10, are further 
amended to read: 
12. 
Loans and grants. 
Accept from any authorized agency of 
the Federal Government or the State loans or grants for the 
planning, construction or acquisition of any revenue-producing 
municipal 
facility or part of 
a 
revenue-producing municipal 
facility; enter into agreements with that agency concerning any 
such 
loans 
or 
grants; 
and 
receive 
and 
accept 
aid 
and 
contributions from any source of money, property, labor or other 
things of value, to be held, 
used and applied only for the 
purposes for which such loans, grants and contributions may be 
made; aile 
13. 
General powers. 
Do all acts and things necessary or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 468. L.D. 635 
convenient to carry out the powers expressly granted in this 
chapterTi and 
Sec. 2. 30-A MRSA §5403, sub-§14 is enacted to read: 
14. 
CO .... !1IpiU septic systems. 
As a means of facilitating 
compact 
growth 
patterns, 
including 
cluster 
developments. 
construct. maintain and operate a sewer system that is composed 
of one or more subsurface wastewater collection. treatment and 
disposal §ystems. 
The municipality may con§truct §uch a sewer 
sy§tem in anticipation of 
the e§tablishment of 
a 
community 
sanitary district under Title 3.8. 
chapter ll-A. to which the 
municipality will tran§fer the system pursuant to Title 
38, 
section 
1232. 
For 
purposes 
of 
this 
§ub§ection, 
"cluster 
development" has the same meaning as in section 4301. subsection 
.l.=L. 
Sec.3. 38 MRSA §1101-A is enacted to read: 
§IIOI-A. 
Fees 
The commis§ioner may establish rea§onable application fees 
for proce§sing application§ for the formation of districts under 
this chapter or chapter II-A. 
The comroi§§ioner shall place these 
fees into a nonlap§ing dedicated revenue account, and funds from 
the account may be u§ed by the department or the board only to 
pay 
co§t§ 
anociated 
with 
proces§ing 
application§ 
for 
the 
formation of district§ under this chapter or chapter II-A. 
Sec. 4. 38 MRSA c.ll-A is enacted to read: 
CHAPTER II-A 
C<ItMIJBITY SAlUTARY DISTRICTS 
§IZ3I. Definitions 
As 
used in thi§ 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Cluster deyelopaent. 
"Clu§ter development" has the same 
meaning a§ in Title 30-A, §ection 4301, §ub§ection I-A. 
Z. 
COllllllupity 
Sani1:aQr 
district. 
"Community 
sanitary 
district" 
or "district" mean§ 
a 
di§trict 
formed 
under 
thi§ 
chapter to manage one or more §ubsurface wastewater collection, 
treatment 
and 
disposal 
systems 
to 
accommodate 
residential 
development as a means of facilitating compact growth patterns, 
including clu§ter development§. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 468, L.D. 635 
S1232. 
Fo~ation: e~an§ion 
A community sanitary district is formed in the same manner 
as a sanitary district under chapter 11. except that the board 
may 
not 
approve 
an 
application 
pursuant 
to 
section 
1101, 
subsection 3 unless the board finds that: 
1. 
Facilitate cODJPact growth. 
Creation of the district 
will facilitate cluster developments or other 
compact growth 
patterns; 
2. 
Adequate and efficient. The district will provide for 
the creation of an adequate and efficient means of collecting, 
conveying, 
pumping, treating and disposing of domestic sewage 
within the proposed district; and 
3. 
Feasibility 
and 
public 
interest. 
Creation 
and 
maintenance of a wastewater collection, treatment and disposal 
system by the district will be administratively feasible and 
promote the public health, safety and welfare. 
The 
boundaries of 
a 
community sanitary district may 
be 
expanded in accordance with section 1162. 
S1233. 
Municipal aystem: transfer of assets to district 
A municipality that. pursuant to Title 3D-A, section 5403, 
subsection 
or 
any 
other 
authority, 
including 
home 
rule 
authority, has constructed a sewer system that is composed of one 
or more subsurface wastewater collection, treatment and disposal 
systems shall, after" the establishment of a district pursuant to 
this section to serve the area where that sewer 
system is 
located, sell, transfer and convey to the district by appropriate 
instruments, 
and the district shall acquire, 
all properties, 
assets, rights and privileges identified by the municipality as 
related to that sewer system in consideration of the assumption 
by 
the district of 
any 
outstanding 
debts, 
obligations 
and 
liabilities identified by the municipality as related to that 
sewer 
system, 
including, 
without limitation, 
any outstanding 
notes or bonds identified by the municipality as related to that 
sewer system that are due on or after the date of the transfer of 
the sewer system. 
If any debts, obligations, notes or bonds 
identified by the municipality are not assumable, the district is 
obligated for their repayment. 
The municipality shall identify 
to the board in the application submitted pursuant to section 
1101 
all 
properties, 
assets, 
rights, 
privileges, 
debts, 
obligations and liabilities related to the sewer system that are 
required to be transferred to or assumed by the district under 
this section. 
COMMITTEE AMENDMENT 
".,-.1; 
.,/:-
} , 
COMMITTEE AMENDMENT ·A .. to H.P. 468, L.D. 635 
The municipality and the district by mutual agreement may 
arrange for the transfer of any other assets or liabilities that 
the 
municipality 
and 
the 
district 
determine 
necessary 
or 
appropriate to allow the district efficiently and effectively to 
carry out its purposes under this chapter. 
§1234. 
Powers 
Except as provided in this section, 
a 
community sanitary 
district has the powers, privileges and duties and is subject to 
the reguirements and restrictions of a sanitary district under 
chaJ?ter 11. 
1. 
Powers. 
A community sanitary district may, within the 
district, construct, operate and maintain one or more subsurface 
wastewater disposal 
systems in accordance with rules adopted 
pursuant to Title 22, section 42, subsection 3 and applicable 
municipal ordinances. 
A district may contract for necessary and 
appropriate services, including, but not limited to, pumping and 
disposal seryices, and do any or all other things necessary or 
incidental to accomplish the purposes of the district. 
2. 
Limited puxposes. 
A community sanitary district may 
exercise powers granted under this chapter only for the limited 
purpose of providing subsurface wastewater collectioIi, treatment 
and disposal services to accommodate residential development. 
A. 
A community sanitary district may not provide services 
to nonresidential users. 
B. 
The provisions of section 1160 apply only to residential 
buildings. 
3. 
Certain powers not available. 
The following provisions 
relating to sanitary districts do not apply to a district formed 
under this chapter: 
A. 
Section 1103, relating to transfer of municipal property 
and assets; 
B. 
Section 1151, 
relating to certain sanitary district 
powers; 
C. 
Section ll51-A. relating to certain enforcement powers; 
D. 
Sections 1152, 1152-A, 1153 and 1154. relating to powers 
of eminent domain; and 
E. 
Section 1157, relating to certain contracting powers.' 
COMMITTEE AMENDMENT 
./' 
COMMITTEE AMENDMENT ,A" to H.P. 468, L.D. 635 
SUMMARY 
This amendment replaces the bill. 
This amendment authorizes 
the creation of community sanitary districts to manage one or 
more 
subsurt"ace wastewater collection, 
treatment and disposal 
systems to accommodate residential development. These districts 
are established in the same manner as sanitary districts, except 
that the Board of Environmental Protection must make certain 
findings before approving the creation of a 
community sanitary 
district. 
A community sanitary district has many of the powers 
and duties of a sanitary district, with certain modifications to 
achieve the limited purposes of a community sanitary di~trict. 
This 
amendment also provides that if a municipality has 
constructed a 
sewer system composed of one or more subsurface 
wastewater collection, treatment and disposal systems, it must, 
after the establishment of a district to serve the area where 
that sewer system is located, sell to the district by appropriate 
instruments 
all 
properties, 
assets, 
rights 
and 
privileges 
identified by the municipality as related to that sewer system in 
consideration 
of 
the 
assumption 
by 
the 
district 
of 
any 
outstanding debts, obligations and liabilities identified by the 
municipality as related to that sewer system. 
The municipality 
and. the district are authorized t9 arrange for the transfer of 
any other assets or liabilities that the municipality and the 
district determine necessary or appropriate to allow the district 
efficiently and effectively to carry out its purposes under this 
chapter. 
The amendment specifically authorizes a municipality to 
construct such a system in anticipation of the creation of a 
district, 
to 
which 
the municipality will 
then transfer 
the 
system. 
This allows a 
system to be established prior to any 
occupancy of a cluster or other compact development and then, 
when a suitable number of residences have become occupied, allows 
a district to be established to run the system. 
FISCAL ~OTE REQrlREn 
(See attached) 
Pag'e 5-LRI078 (2 ) 
COMMITTEE AMENDMENT 
Approved: 03/27/06 hac: 
LD635 
LR 1078(02) 
An Act To Amend the Maine Sanitary District Enabling Act 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LRI078(2) - Fiscal Note .. Page 1 of 1