An Act To Create the Nickerson Lake Sewer District
Maine Legislature, Session 125, LD 1561
Committee Amendment CA_A_S199 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 499, L.D. 1561, Bill, "An Act To 
Create the Nickerson Lake Sewer District" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in order to protect the water quality of Nickerson Lake, a sewer district 
must be immediately established; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill in section 1 in the 3rd line from the end (page 1, line 16 in L.D.) by 
inserting after the following: "providing" the following: 'wastewater treatment services, 
including' 
Amend the bill in section I in the last 2 lines (page 1, lines 17 and 18 in L. D.) by 
striking out the following: "to accommodate development" 
Amend the bill by striking out all of sections 2 and 3 and inserting the following: 
'Sec. 2. Powers as sewer district. The district may construct, manage, operate 
and maintain wastewater treatment facilities, including one or more subsurface disposal 
systems. It may contract for necessary and appropriate services, including, but not limited 
to, pumping, treating and disposal services, and do any or all other things necessary or 
incidental to accomplish the purposes of this Act. 
Except as otherwise expressly provided in this Act, the district, for the purposes of 
supplying the Town of Linneus and the Town of New Limerick and their inhabitants and 
others within the territory of the district with sewer services, has all the powers, rights, 
privileges and authority and is subject to all the requirements and restrictions of a sanitary 
Page I - 125LR2134(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 499, L.D. 1561 
district formed under the Maine Revised Statutes, Title 38, chapter 11, except that 
sections 1061, 1062, 1063, 110 I, 110 I-A, 1102 and 1103; section 1104, subsection 1; and 
sections 1105, 1106 and 11 51-A do not apply to the district and any notice of impending 
automatic foreclosure issued by the district pursuant to section 1208 must bear the name 
"Nickerson Lake Sewer District" in all appropriate locations. The provisions of Title 38, 
section 1252 apply to the district. Within the territory of the district and in areas outside 
the territory of the district located within the Town of Linneus or the Town of New 
Limerick, the district may exercise the powers specified under Title 38, section 1151 and 
locate one or more septic fields. 
Sec. 3. Trustees. The board of trustees of the district is composed of 5 trustees. 
Two trustees are appointed by the municipal officers of the Town of Linneus, one of 
whom must be a resident of the Town of Linneus and one of whom must be a resident of 
the district. Two trustees are appointed by the municipal officers of the Town of New 
Limerick, one of whom must be a resident of the Town of New Limerick and one of 
whom must be a resident of the district. The 5th trustee must be appointed by the 
municipal officers of the Town of Linneus and the Town of New Limerick and must be a 
resident of either town. 
A quorum of the board of trustees is 3 trustees and a quorum may conduct the affairs 
of the district even if there is a vacancy on the board. All trustees serve until their 
successors are appointed and qualified. A trustee who ceases to quality for the office of 
trustee shall vacate the office of trustee. 
The trustees shall organize by election from their own members a chair, a vice-chair, 
a treasurer and a clerk and choose and employ and fix the compensation of such other 
necessary officers and agents who serve at their pleasure, and the trustees shall adopt a 
corporate seal. Prior to the election of said officers each trustee must be sworn to the 
faithful performance of the trustee's duties. 
The trustees may from time to time adopt, establish and amend bylaws consistent 
with the laws of the State, and 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. 
After the original organizational meeting the trustees shall meet annually at a time 
determined by their bylaws for the purpose of electing from among their own members a 
chair, vice-chair, treasurer and clerk to serve until the next annual election and until their 
successors are elected and qualified. The treasurer shall furnish bond in such sum and 
with such sureties as the trustees approve, the cost of the bond to be paid by the district. 
The chair, vice-chair, treasurer and clerk may receive such compensation for serving in 
these capacities as the trustees determine. 
This compensation is in addition to the 
compensation payable to them as trustees. The trustees shall make and publish an annual 
report including a report of the treasurer. 
The trustees receive compensation as recommended by them and approved by 
majority vote of the municipal officers of both the Town of Linneus and the Town of 
New Limerick, including compensation for any dutIes they perform as officers as well as 
for their duties as trustees. Certification of the vote must be recorded with the Secretary 
of State and recorded in the bylaws. Their compensation for duties as trustees is on the 
basis of such specific amount as may be specified in the bylaws, each meeting actually 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 499, L.D. 1561 
attended and reimbursement for travel and expenses, with the total not to exceed such 
specific amount as may be specified in the bylaws. 
A member of the board of trustees may not be employed for compensation as an 
employee or in any other capacity by the district.' 
Amend the bill in section 7 in the first line (page 2, line 9 in L.D.) by striking out the 
following: 
"Referendum; effective date." and inserting the following: 'Emergency 
clause; referendum; effective date.' 
SUMMARY 
This amendment makes certain changes to the bill to make it consistent with the 
sanitary district laws and the laws governing all sewer districts. 
It also does the 
following: 
1. 
Clarifies that the purpose of the district is to provide wastewater treatment 
services, including subsurface wastewater collection, treatment and disposal services; 
2. Provides that, within the territory of the district and in areas outside the territory of 
the district located within the Town of Linneus or the Town of New Limerick, the district 
may exercise the powers specified under the Maine Revised Statutes, Title 38, section 
1151 regarding locating its pipes and facilities and may also locate one or more septic 
fields; 
3. Removes the requirement that certain trustees own property within the district; 
and 
4. Adds an emergency preamble to the bill. 
COMMITTEE AMENDMENT