An Act To Amend the Charter of the Boothbay Harbor Sewer District
Maine Legislature, Session 129, LD 1752
Committee: Energy, Utilities and Technology
Sponsors: STOVER

Legislative Document
No. 1752
H.P. 1247
House of Representatives, May 16, 2019
An Act To Amend the Charter of the Boothbay Harbor Sewer 
District
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  P&SL 1961, c. 161, as enacted by P&SL 1961, c. 161; and amended by 
P&SL 1971, c. 54; P&SL 1991, c. 81, §1; P&SL 1993, c. 59, §1; P&SL 1997, c. 14, §1; 
and P&SL 2005, c. 34, §§1 and 2, is further amended to read:
Sec. 1.  Territorial limits; incorporation.  The territory and the inhabitants of 
the Town of Boothbay Harbor in the County of Lincoln and the territory and the 
inhabitants of the Town of Boothbay in the County of Lincoln constitute a public 
sewerage district and a body politic and corporate under the name of "Boothbay Harbor 
Sewer District."  The purpose of this district, subject to the provisions of section 10, is to 
take over, control, operate and manage the sewers now owned by the Town of Boothbay 
Harbor with all appurtenances thereto; to extend, increase, enlarge and improve these 
sewers; to extend the present system or systems so as to furnish sewerage facilities to 
parts of the district not now served with those facilities; to provide for removal and 
treatment of sewage when, as and if that treatment becomes necessary; and generally to 
construct, maintain, operate and provide a system of sewerage, sewage disposal and 
sewage treatment for public purposes and for the health, welfare, comfort and 
convenience of the inhabitants of the district.
Sec. 2.  Authority to locate, construct and maintain; coordination with 
municipal planning.  Within said territory and the territory of any adjoining 
municipality, said Boothbay Harbor Sewer District is authorized to lay pipes, drains, 
sewers and conduits, and to take up, repair and maintain the same or to contract for the 
same to be done, in, along and through any public or private ways and public grounds, 
and in, along and through lands of any person or corporation as hereafter provided, to and 
into tidal waters, rivers, watercourses or treatment works or to or into any drain or sewer 
now or hereafter built which empties into tidal waters, rivers, watercourses or treatment 
works, the discharge therefrom to be at such points consistent with the requirements of 
public health as shall be found convenient and reasonable for said district and the flow of 
existing watercourses; to locate, construct and maintain treatment works, pumping 
stations, basins, reservoirs, flush tanks and such other appliances for collecting, holding, 
purifying, distributing and disposing of sewage matter, commercial and industrial waste 
and, subject to the provisions of section 10, of surface and waste water, all as may be 
necessary or proper; and in general, do any or all other things necessary or incidental to 
accomplish the purposes of this act.
The following provisions facilitate coordination of municipal planning and sewer 
extension planning.
1.  The trustees of the district shall cooperate with municipal officials in the 
development of municipal growth management and other land use plans and ordinances. 
2.  Municipal officers shall cooperate with the trustees of the district during the 
consideration of development applications that may affect the operations of the district.
Sec. 3.  Authority to acquire and hold property; right of eminent domain 
conferred.  Upon acceptance of this act as hereafter provided, and subject to the 
provisions of section 10, title to all public sewers in the Town of Boothbay Harbor shall 
forthwith pass to and be vested in said district, and said district thereafter shall maintain 
and operate the same.  The said district is authorized and empowered to acquire and hold 
real and personal property necessary or convenient for the purposes of this act, and is 
expressly granted the right of eminent domain, and for the purposes of this act is 
authorized to take and hold, either by exercising its right of eminent domain, or by 
purchase, lease or otherwise, as for public uses any land, real estate, easements or 
interests therein, and any sewers, drains or conduits and any sewer or drainage rights 
necessary for constructing, establishing, maintaining and operating sewers, drains, 
reservoirs, flush tanks, manholes, catch basins, treatment works, pumping stations and 
other appliances and property used or useful for collecting, holding, purifying, 
distributing and disposing of sewage matter and commercial and industrial waste and 
surface and waste waters.  Nothing herein contained should be construed as authorizing 
said district to take by right of eminent domain any of the property or facilities of any 
other public service corporation utility or district used or required for future use by the 
owner thereof in the performance of a public duty, unless expressly authorized by 
subsequent act of the Legislature.  The authority and procedures for the exercise of 
eminent domain by the district must conform to the Maine Revised Statutes, Title 38, 
sections 1152, 1152-A, 1153 and 1154, as amended.
Sec. 4.  Notice; procedure under eminent domain.  The district shall provide 
notice to the owner and to any tenants and shall hold a public hearing on the advisability 
of the proposed exercise of the right of eminent domain as required by the Maine Revised 
Statutes, Title 38, section 1152-A, as amended.  In exercising from time to time the right 
of eminent domain conferred upon it, said district, by its board of trustees, shall file in the 
office of the county commissioners of Lincoln County and cause to be recorded in the 
registry of deeds in said county plans of the location of all lands, real estate, easements or 
interest therein, and sewers, drains or conduits and any sewer or drainage rights to be 
taken, with an appropriate description and the names of the owners thereof, if known.  
When for any reason the district fails to acquire property which it is authorized to take 
and which is described in such location, or if the location so recorded is defective and 
uncertain, it may, at any time, correct and perfect such location and file a new description 
thereof; and in such case the district is liable in damages only for property for which the 
owner had not previously been paid, to be assessed as of the time of the original taking, 
and the district shall not be liable for any acts which would have been justified if the 
original taking had been lawful.  No entry shall be made on any private lands, except to 
make surveys, until the expiration of 10 days from such filing, whereupon possession 
may be had of all said lands, real estate, easements or interests therein and other property 
and rights as aforesaid to be taken, but title thereto shall not vest in said district until 
payment therefor.
Sec. 5.  Assessment of damages by county commissioners; procedure on 
appeals.  If any person sustaining damages by any taking as aforesaid shall not agree 
with said district upon the sum to be paid therefor, either party, upon petition to the 
county commissioners of Lincoln County, may have said damages assessed by them; the 
procedure and all subsequent proceedings and right of appeal thereon shall be had under 
the same restrictions, conditions and limitations as are or may be by law prescribed in the 
case of damages by the laying out of highways. by the county commissioners, except 
only:
1.  Title to the lands, real estate, easements or interests therein and other property and 
rights to be taken do not vest in the district until payment to the owner of the amount 
awarded therefor or, if such payment is refused upon tender, until tender thereof to the 
Treasurer of Lincoln County, for escrow at interest for the benefit of the owner pending 
final determination of the amount to which the owner is entitled; and 
2.  In the event of an appeal of the amount awarded as damages for such taking:
A.  The petition for assessment of damages must be filed with the clerk of the Lincoln 
County commissioners, by either party, within 30 days following the filing and 
recording of plans of the location of all the property, facilities and rights taken; and
B.  If the return of the Lincoln County commissioners has not been made within 120 
days following the filing of the petition for assessment, the county commissioners 
shall be conclusively presumed to have confirmed the award of damages by the 
district and either party may, within 30 days following that 120-day period, appeal 
the amount of the damages awarded by the district to the Superior Court.
Sec. 6.  Limitations on crossing a public utility.  In case of crossing of any 
public utility, unless consent is given by the company owning or operating such public 
utility as to place, manner and conditions of the crossing within 30 days after such 
consent is requested by said district, the Public Utilities Commission shall determine the 
place, manner and conditions of such crossing; and all work on the property of such 
public utility shall be done under the supervision and to the satisfaction of such public 
utility, but at the expense of the district.  If any sewer line of the district as provided 
above crosses the property or line of any railroad corporation, the procedure is the same 
as stated in the previous sentence, except that the Department of Transportation must be 
substituted for the Public Utilities Commission.  Nothing herein contained shall be 
construed as authorizing said district to take by right of eminent domain any of the 
property or facilities of any other public service corporation or district used or acquired 
for future use by the owner thereof in the performance of a public duty unless expressly 
authorized herein or by subsequent act of the Legislature.
Sec. 7.  Rights of abutters or others to enter.  A person not otherwise required 
to connect a private sewer into a sewer of the district may connect to the district's sewer if 
that person obtains a permit from the district and pays any charges required by this 
section.  Any such person may enter his the private sewer into any sewer of the district 
while the same is under construction and before completion of said sewer at the point of 
entry, and before an entrance charge is  established, on obtaining a permit in writing from 
the trustees superintendent of the district; but after the sewer is completed to the point of 
entry and an entrance charge established on that location, no such person shall enter his 
the private sewer into such sewer until he the person has paid the entrance charge and 
obtained a permit in writing from the trustees superintendent as aforesaid.  All such 
permits shall be recorded by the clerk of the district in its records before the same are 
issued.
Sec. 8.  Contracts with municipalities authorized.  The said district is 
authorized to contract with persons, corporations, districts and other, utilities, 
municipalities, both the State or other governmental entity whether located inside and or 
outside the boundaries of the district, including the Town of Boothbay Harbor and the 
Town of Boothbay, to provide for disposal of sewage and commercial and industrial 
waste through the district's system and through the system of any such person, 
corporation, district or other, utility or municipality or the State or other governmental 
entity; and said Town of Boothbay Harbor is and Town of Boothbay are authorized to 
contract, individually or together, with said district for the collection, distribution and 
disposal of sewage, surface water and other waste matter, and for said purposes, said 
town towns may raise money as for other municipal charges.
Sec. 9.  Excavation or repair work, closing of ways.  Whenever said district 
shall enter, dig up or excavate any public way or other land for the purpose of laying its 
sewers, drains or pipes, constructing manholes or catch basins or their appurtenances, or 
maintaining the same, or for any other purpose, the work shall be expeditiously done with 
the least possible interruption, and on completion of the work, the district shall restore 
said way or land to the condition it was in prior to such work, or to a condition equally as 
good.
Whenever the character of the work is such as to endanger travel on any public way, 
the municipal officers of the Town of Boothbay Harbor, the Town of Boothbay or the 
Department of Transportation, as appropriate, may order a temporary closing of such 
way, and of any intersecting way, upon request of said district, and the way shall remain 
closed to public travel until said municipal officers or officials of the department deem it 
is restored to a condition safe for traffic.
Sec. 10.  Surface water facilities; joint facilities; separation of same.  Any 
other provision of this act to the contrary notwithstanding, the said district shall be under 
no duty or obligation to construct, maintain, improve, extend or provide drains, pipes, 
catch basins or any other facilities for storm or surface water drainage, and all drains, 
pipes, catch basins or other facilities owned by said the Town of Boothbay Harbor or the 
Town of Boothbay and used exclusively for storm or surface water drainage shall remain 
the property of said the town, and no such drain, pipe, catch basin or other facility shall 
be transferred to the district to be thereafter maintained and operated by the district 
without the joint approval of the selectmen municipal officers of said the Town of 
Boothbay Harbor or the Town of Boothbay and the trustees of said district.  Any sewer or 
drain owned by said Town of Boothbay Harbor at the time of acceptance of this act and 
used for both sanitary sewage disposal and storm and surface water drainage shall pass to 
and be vested in said district, and said district shall be entitled to charge said town for the 
use of the same for storm or surface water drainage at such rates as the trustees may 
determine.  No additional catch basins or other facilities draining into any such combined 
sewer or drain shall be constructed without the approval of said trustees.  If and when the 
district shall construct and provide a sewer or drain which permits separation of sanitary 
sewage previously disposed of through any such combined sewer or drain, the said 
district, by vote of the trustees, shall transfer and convey back to said Town of Boothbay 
Harbor the facilities for storm and surface water drainage.
Sec. 10-A.  Lease of property.  The district may enter into a lease and leaseback 
transaction with respect to some or all of its real or personal property, other than land, and 
may take all other necessary action, 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.
Sec. 11.  Free access to premises.  The officers or agents of the district shall have 
free access to all premises served by its sewers, at all reasonable hours, for inspection of 
plumbing and sewage fixtures, to ascertain the quality and quantity of sewage discharged 
and the manner of discharge, and to enforce the provisions of this act and the rules and 
regulations prescribed by the trustees hereunder.
Sec. 12.  Buildings to connect with sewer if available.  Every Except as 
provided in this section, upon receiving a request from the district to connect a building in 
the district intended for industrial, business or recreational use or for human habitation or 
occupancy which or that has facilities for discharge or disposal of waste water or 
commercial or industrial waste and that is located within 100 200 feet of a public sewer 
on property abutting on a street or way in which there is a public sewer, or any such 
building within 100 200 feet of a public sewer, shall have a house drainage system which 
shall be caused to be connected with the sewer by the owner or person against whom 
taxes on the premises are assessed in the most direct manner possible the owner of that 
building shall arrange to have the building connected through a sanitary sewer or 
drainage system to the district's accessible sewer or drain within 90 days after receiving 
request therefor 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 house or building; 
provided, however, that existing buildings which are already served by a satisfactory 
private sewer system which meets and continues to meet, in the judgment of the trustees, 
the applicable requirements of the State Plumbing Code state plumbing code adopted 
pursuant to the Maine Revised Statutes, Title 32, section 3403-B and all applicable laws 
and ordinances shall not be required to connect with the public sewer, as determined by 
the municipal plumbing inspector or alternate, or, in the event that both are trustees or 
employees of the sewer district, the Department of Health and Human Services, Division 
of Health Engineering.  A person who receives a notice in accordance with this section to 
connect to a building and fails to connect to the building in accordance with this section is 
subject to a civil penalty not to exceed $2,500, payable to the district.  This penalty is 
recoverable in a civil action.
Sec. 13.  Sanitary provisions and penalty for violations.  Any A person who 
shall may not place, discharge or leave any offensive or injurious matter or material on or 
in the conduits, catch basins or receptacles of said district contrary to its regulations, or 
shall willfully knowingly injure any conduit, pipe, reservoir, flush tank, catch basin, 
manhole, outlet, engine, pump or other property held, owned or used by said district for 
the purposes of this act shall be liable to pay twice the amount of the damages to said 
district, to be recovered in any proper action; and such person, on conviction of any of 
said acts or willful injury aforesaid and any person who violates the provisions of sections 
or 12, shall be punished by a fine not exceeding $200 or by imprisonment not 
exceeding one year, or by both.  A person who violates this section is liable to pay twice 
the amount of the damages to the district to be recovered in any proper action and is 
subject to a civil penalty not to exceed $2,500 for each violation, payable to the district.  
The civil penalty is recoverable in a civil action.  Further, the district may seek in a civil 
action injunctive relief from an industrial user that violates a pretreatment standard or 
requirement administered by the district.  The district may seek a civil penalty of up to 
$1,000 per day for each violation by an industrial user of a pretreatment standard or 
requirement.
Sec. 14.  Trustees and officer; tenure of office; election to office; 
organization; vacancies; compensation.  All of the affairs of said district shall be 
managed by a board of 3 trustees, residents therein, who shall be chosen as hereinafter 
provided.
As soon as may be after acceptance of this act, the municipal officers of the Town of 
Boothbay Harbor shall appoint 3 trustees of said district to hold office as follows: one to 
serve until the first annual meeting of said town following the acceptance of this act; one 
to serve until the 2nd annual meeting of said town following such acceptance; and one to 
serve until the 3rd annual meeting of said town following such acceptance.  At each 
annual meeting of said town, beginning with the first annual meeting after acceptance of 
this act, one trustee shall be elected by ballot as hereafter provided to serve until the 
annual meeting of said town occurring 3 years thereafter and until his successor is elected 
and qualified.  When any trustee ceases to be a resident of said district, he vacates his 
office as trustee.  All trustees, if residents of said district, shall be eligible for reelection 
or reappointment.  
The nomination of all candidates for trustee to be elected as provided by this act shall 
be by nomination papers signed in the aggregate for each candidate by not less than 25 
nor more than 50 qualified voters resident in said district.  Each voter signing a 
nomination paper shall make his signature in person, and each voter may subscribe to as 
many nominations as there are trustees to be elected in said district and no more.  Such 
nomination papers, before being filed, shall be submitted to the town clerk of the Town of 
Boothbay Harbor, who shall forthwith certify thereon that number of the signatures which 
are names of qualified voters resident in said district.  One of the signers to each such 
separate paper shall swear to the truth thereon, and the certificate of such oath shall be 
annexed to or made upon the nomination papers.  Such nomination papers shall be filed 
with the town clerk of the Town of Boothbay Harbor not less than 14 days, exclusive of 
Sundays, previous to the day of such election.  With such nomination papers shall also be 
filed the consent in writing of the person or persons nominated.  All nomination papers, 
being filed and being in apparent conformity with the foregoing provisions, shall be 
deemed to be valid.  If not in apparent conformity, they may be seasonably amended 
under oath.  In case any candidate who has been duly nominated under the provisions 
hereof shall die before the day of election, or shall withdraw in writing, or shall remove 
his place of residence from said district, the vacancy may be supplied in the manner 
herein provided for such nominations, except that the time limit for filing such 
nomination papers shall not apply.  The name so supplied for the vacancy shall, if the 
ballots have not been printed, be placed on the ballots instead of the original nomination; 
or if the ballots have been printed, new ballots containing the new nomination shall, if 
practical, be furnished, or slips containing the new nomination shall be printed under the 
direction of the town clerk which shall be pasted upon said ballots and over the name of 
the candidate whose nomination has been vacated as aforesaid, and thereafter shall 
become part of said ballots as if originally printed thereon.  The ballot in said district 
shall contain the names of all candidates so nominated in such district alphabetically 
arranged, printed in one column under the heading “For Trustee of the Boothbay Harbor 
Sewer District.” Above such heading shall be printed “Vote for ???? (the number to be 
elected to be inserted therein).  Make a cross or a check mark to the right of the name(s) 
voted for.” As many blank spaces shall be left after the names of the candidates as there 
are trustees to be elected in which the voter may, by writing, insert the name of any 
person or persons for whom he desires to vote.  In preparing his ballot the voter shall 
mark a cross (X) or a check mark (v) against and to the right of such names on the ballot 
as he desires to vote for, not to exceed the number of trustees so to be elected in said 
district.  At each annual meeting of said Town of Boothbay Harbor, balloting for trustee 
of said district shall take place concurrently with balloting for the municipal officers of 
said town, but separate ballots shall be provided for the balloting for trustee of the district 
as hereinbefore provided.  The result of such election shall be declared by the selectmen 
of said Town of Boothbay Harbor and due certificate thereof filed with the town clerk 
and the clerk of the district.  The district shall reimburse the town for the expense of any 
district election.
As soon as convenient after their appointment, the first board of trustees shall hold a 
meeting at some convenient place in the district, to be called by any member thereof 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; provided, however, that they may meet by 
agreement without such notice.  At this original meeting the trustees shall organize by 
electing from their own members a chairman, a treasurer and a clerk and adopting a 
corporate seal.  The trustees may adopt and establish by-laws, consistent with the laws of 
the State of Maine 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.
Within one week after each annual election, the trustees shall meet for the purpose of 
electing a chairman, treasurer and clerk to serve for the ensuing year and until their 
successors are elected and qualified.  The trustees from time to time may choose and 
employ, and fix the compensation of, any other necessary officers and agents who shall 
serve at their pleasure.  The treasurer shall furnish bond in such sum and with such 
sureties as the trustees shall approve, the cost thereof to be paid by the district.
Members of the board of trustees shall be eligible to any office under the board.  The 
trustees, as such, shall serve without compensation; but the treasurer may be allowed such 
compensation as the trustees shall determine.
The trustees shall be sworn to the faithful performance of their duties as such, which 
shall include the duties of any member who shall serve as clerk or clerk pro tem.  They 
shall make and publish an annual report, including a report of the treasurer, and such 
report may be included in, and published as part of, the town report.
Vacancies in the office of trustee from whatever cause shall be filled by appointment 
by the remaining trustees until the next annual election.  If at any annual election there 
shall exist a vacancy in an unexpired term, a trustee shall be elected to fill such vacancy 
for such unexpired term, and the voters of the district shall cast their ballots as 
hereinbefore prescribed, voting for as many candidates as there are offices to be filled.
Two trustees must be elected from the Town of Boothbay Harbor and one must be 
elected from the Town of Boothbay.  Trustees are elected for a term of 3 years. In order 
to hold the office of trustee of the district, a person must be a voter in the town in which 
that person is elected.
1.  Nominations and elections of trustees must be conducted in accordance with the 
laws relating to municipal elections in the Maine Revised Statutes, Title 30-A, chapter 
121, and all elections must be conducted by secret ballot in accordance with Title 30-A, 
section 2528.
When the term of office of a trustee expires, the trustee's successor is elected at large by a 
plurality vote of the voters of the town that that trustee represents.  For the purpose of 
election, a special election must be called and held on the date established by the trustees.  
The election must be called by the trustees of the district in the same manner as town 
meetings are called and, for this purpose, the trustees are vested with the powers of 
municipal officers.  A vacancy is filled in the same manner for the unexpired term by a 
special election called by the trustees of the district.
The trustees shall acquire a complete list of all the registered voters residing in the 
district. The trustees may acquire this list from the registrar of any town within the 
district. The towns may charge a fee for providing the list. The list acquired by the 
trustees governs the eligibility of a voter, since a voter eligible to vote for trustees and on 
district matters generally must be a voter in the town from which the trustee is elected.  
Voters who reside outside the territorial limits of the district, as defined in this act, are not 
eligible voters. All warrants issued for elections by the trustees must show that only the 
voters residing within the territorial limits of the district are entitled to vote.
2.  When any trustee ceases to be a resident of the town within said district from 
which that trustee was elected, that trustee vacates the office as trustee.  A trustee, if a 
resident of the town within said district from which elected, is eligible for reelection or 
reappointment.  A person who is a municipal officer, as defined in the Maine Revised 
Statutes, Title 30-A, section 2001, subsection 10, of either of the towns located within the 
district is not eligible for appointment, nomination or election as a trustee of that district.
3.  As soon as convenient after their appointment, the first board of trustees shall hold 
a meeting at some convenient place in the district, to be called by any member thereof 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 
such notice.  At this original meeting the trustees shall organize by electing from their 
own members a chair, a treasurer and a clerk and adopting a corporate seal.
4.  The trustees may adopt and establish bylaws, consistent with the laws of the State 
of Maine 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.
5.  Within one week after each annual election, the trustees shall meet for the purpose 
of electing a chair, treasurer and clerk to serve for the ensuing year and until their 
successors are elected and qualified.  The trustees from time to time may choose and 
employ, and fix the compensation of, any other necessary officers and agents who shall 
serve at their pleasure.  The treasurer shall furnish bond in such sum and with such 
sureties as the trustees shall approve, the cost thereof to be paid by the district. 
Members of the board of trustees shall be eligible to any office under the board. The 
trustees, as such, shall serve without compensation; but the treasurer may be allowed such 
compensation as the trustees shall determine.
6.  The trustees of the district receive compensation as recommended by the trustees 
and approved by majority vote of the municipal officers in municipalities representing a 
majority of the population within the district, 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.  Compensation for duties 
as trustees must be based on an amount specified in the bylaws for each meeting actually 
attended plus reimbursement for travel and expenses, with the total not to exceed a 
specific amount as specified in the bylaws.  Compensation schedules in effect on January 
1, 2013 continue in effect until changed.
7.  The trustees must be sworn to the faithful performance of their duties as such, 
which must include the duties of any member who serves as clerk or clerk pro tem.  They 
shall make and publish an annual report, including a report of the treasurer, and such 
report may be included in, and published as part of, the town report.
8.  Business of the district must be conducted in accordance with the applicable 
provisions of the Freedom of Access Act.
9.  Vacancies in the office of trustee from whatever cause must be filled by 
appointment by the remaining trustees until the next annual election.  If at any annual 
election there exists a vacancy in an unexpired term, a trustee must be elected to fill such 
vacancy for such unexpired term, and the voters of the district shall cast their ballots as 
hereinbefore prescribed, voting for as many candidates as there are offices to be filled.
Sec. 15.  Special meetings; qualifications of voters of district.  Special 
meetings of the district may be called by the board of trustees at any time, and notice of 
special meetings, stating the place and time thereof and the business to be transacted 
thereat, shall be signed by the chairman or clerk of the board of trustees and shall be 
conspicuously posted in at least 2 public places within the district, not less than 7 days 
inclusive of Sundays, before the meeting.  Any such meeting may be adjourned from time 
to time by vote of the qualified voters present thereat, though less than a quorum, and 
without notice of the time and place of the adjourned session, other than announcement at 
the meeting.  Twenty-five persons qualified to vote in such meetings shall constitute a 
quorum.  All meetings of the district shall be presided over by a moderator chosen in the 
same manner and with the same authority as moderators of town meetings.  All persons 
resident in said district and qualified to vote for Governor under the laws of this State 
shall be entitled to vote in any meeting of the district, including the meeting for 
acceptance of this charter.
Sec. 16.  Property tax exempt.  The property, both real and personal, rights and 
franchises of said district shall be forever exempt from taxation.
Sec. 17.  Authorized to receive government aid, borrow money, issue 
bonds and notes.  For accomplishing the purposes of this act, said district, by vote of 
its board of trustees, without district vote except as hereinafter provided, is hereby 
authorized to borrow money temporarily and to issue therefor its negotiable notes, and for 
the purpose of renewing and refunding the indebtedness so created, of paying any 
necessary expenses and liabilities incurred under the provisions of this act, including 
organizational and other necessary expenses and liabilities whether incurred by the 
district or the Town of Boothbay Harbor, the district being authorized to reimburse said 
Town of Boothbay Harbor for any such expense incurred or paid by it, and in acquiring 
properties, paying damages, laying sewers, drains and conduits, constructing, maintaining 
and operating a sewage plant or system and making renewals, additions, extensions and 
improvements to the same and to cover interest payments during the period of 
construction, said Boothbay Harbor Sewer District, by votes of its board of trustees, 
without district vote except as hereinafter provided, is also hereby authorized to issue, 
from time to time, bonds, notes or other evidences of indebtedness of the district in such 
amount or amounts, bearing interest at such rate or rates, and having such terms and 
provisions as the trustees shall determine receive government aid, borrow money, hold 
funds and issue, secure and refund bonds and notes as set forth in the Maine Revised 
Statutes, Title 38, section 1052, as amended, and subject to all requirements therein.  All 
bonds, notes or other evidences of indebtedness issued under this act and the transfer of 
and the income from those bonds, notes or other evidences of indebtedness, including any 
profit made on the sale, are exempt from taxation in the State.  Bonds and notes issued by 
the district under this section are securities in which all public officers and public bodies 
of the State and its political subdivisions, all insurance companies and associations and 
other persons carrying on an insurance business, trust companies, banks, bankers, 
banking associations, savings banks and savings associations, including savings and loan 
associations, credit unions, building and loan associations, investment companies, 
executors, administrators, trustees and other fiduciaries, pension, profit-sharing and 
retirement funds, and other persons carrying on a banking business, and all other persons 
authorized to invest in bonds or other obligations of the State may properly and legally 
invest funds, including capital in their control or belonging to them. The bonds and notes 
are securities that may properly and legally be deposited with and received by any state, 
municipal or public officer, or any agency or political subdivision of the State, for any 
purpose for which the deposit of bonds or other obligations of the State is authorized by 
law.  The total indebtedness of the district at any one time outstanding may not exceed 
the sum of $8,500,000.  In the case of a vote by the trustees to authorize bonds or notes to 
pay for the acquisition of property, for the cost of a sewage plant or system or part 
thereof, for renewals or additions or for other improvements in the nature of capital costs, 
the estimated cost of which singly or in the aggregate is $50,000 or more, but not for 
renewing or refunding existing indebtedness or to pay for maintenance, repairs or for 
current expenses, notice of the proposed debt, the general purpose or purposes for which 
it was authorized and of the date of a special district meeting for the purpose of voters of 
the district voting thereon shall be given by the clerk by publication at least once in a 
newspaper having a general circulation in the Town of Boothbay Harbor.  After 7 full 
days following the date on which such notice was first published the trustees shall hold a 
special district meeting for the purpose of permitting the voters of the district to express 
approval or disapproval of the amount of debt so authorized.  If at such district meeting a 
majority of voters present and voting thereon expresses disapproval of the amount of debt 
authorized by the trustees, the said debt shall not be incurred and the vote of the trustees 
authorizing the same shall be void and of no effect.  If at such district meeting a majority 
of voters present and voting thereon expresses disapproval of the amount of debt 
authorized by the trustees, the said debt shall not be incurred and the vote of the trustees 
authorizing the same shall be void and of no effect.  Said bonds, notes and evidences of 
indebtedness may be issued to mature serially in annual installments of not less than 1% 
of the face amount of the issue and beginning not later than 2 years from the date thereof, 
or made to run for such periods as the trustees may determine, but no issue thereof shall 
run for a longer period than 40 years from the date of original issue thereof.  Bonds, notes 
or evidences of indebtedness may be issued with or without provision for calling the same 
prior to maturity, and if callable may be made callable at par or at such premium as the 
trustees may determine.  All bonds, notes or other evidences of indebtedness shall have 
inscribed upon their face the words "Boothbay Harbor Sewer District," shall be signed by 
the treasurer and countersigned by the chairman of the board of trustees of the district, 
and if coupon bonds are issued, the interest coupons attached thereto shall bear the 
facsimile of the signature of the treasurer.  All such bonds, notes and evidences of 
indebtedness so issued by the district shall be legal obligations of the district, which is 
hereby declared to be a quasi-municipal corporation within the meaning of the Revised 
Statutes of 1954, chapter 90-A,  section 23, as amended, and all provisions of said section 
shall be applicable thereto.  The said district may, from time to time, issue in one series or 
in separate series, its bonds, notes and other evidences of indebtedness, for the purpose of 
paying, redeeming or refunding outstanding bonds, notes or evidences of indebtedness, 
and each authorized issue shall constitute a separate loan.  All bonds, notes and evidences 
of indebtedness issued by said district shall be legal investments for savings banks in the 
enter into agreements with the State or Federal Government, or any agency of either, or 
any corporation, commission or board authorized by the State or Federal Government to 
grant or loan money to or otherwise assist in the financing of projects such as the district 
is authorized to carry out, and to accept grants and borrow money from any such 
government agency, corporation, commission or board as may be necessary or desirable 
to enforce the provisions of this act.  The district may increase this debt limit by 
referendum as provided by Title 38, section 1054, as amended.
Sec. 18.  Sinking fund provided for; investments.  In case any of said bonds or 
notes are made to run for a period of years, a sinking fund shall be established by the 
trustees of said district for the purpose of redeeming said bonds or notes when they 
become due and a sum equal to not less than 1% of the aggregate principal of the 
outstanding bonds or notes issued on account of or in behalf of said district, as aforesaid, 
shall be turned into said sinking fund each year to provide for the final extinguishment of 
said district funded debt.
The money set aside for the sinking fund shall be devoted to the retirement of said 
notes and bonds, and shall be used for no other purposes, and shall be invested in such 
securities as savings banks are allowed to hold.
Whenever any bonds of said district become due, or can be purchased by said trustees 
on favorable terms, said trustees shall, if sufficient funds have accumulated in said 
sinking fund, redeem or purchase said bonds, and cancel them.  In no case shall bonds so 
cancelled or redeemed be reissued.
In case the amount in said sinking fund shall not be sufficient to pay the total amount 
of the bonds falling due at any one time, authority to issue new bonds sufficient to 
redeem so many of said bonds as cannot be redeemed from the sinking fund is hereby 
granted to said trustees.
The district may invest its funds, including the sinking fund, reserve funds and trust 
funds, in accordance with the Maine Revised Statutes, Title 38, section 1055, as 
amended.
Sec. 19.  Rates and tolls; application of revenues.  All persons, firms and 
corporations, whether public, private or municipal, shall pay to the treasurer of said 
district the rates, tolls, rents, entrance charges and other lawful charges established or 
revised by the trustees for the sewer or drainage service used or available with respect to 
their real estate, which rates shall be fair and reasonable charges for connection with and 
for the use of the sewer or drainage service and may include a charge for the district's 
readiness to serve to be charged against owners of real estate abutting on or accessible to 
sewers or drains of the district but not actually connected thereto, whether or not such real 
estate is improved.  In establishing or revising such rates, tolls, rents or charges, the 
trustees may classify the property connected or to be connected with the sewerage or 
drainage system and may give consideration to any factors relating to kind, quality or 
extent of use of any such property or qualification of property including: (a) the volume 
of water discharged into the sewerage or drainage system; (b) the type and size of 
buildings connected with such system; (c) the number of plumbing fixtures connected 
with such system; (d) the number of persons customarily using the property served by 
such system; (e) in the case of commercial or industrial property, the average number of 
employees, customers and guests using the property; and (f) the quality and character of 
the material discharged into the sewerage or drainage system.  The trustees may establish 
minimum charges in connection with and for the use of a sewerage or drainage system.
Rates, tolls, rents and entrance charges shall be uniform within the district whenever 
the cost to the district of installation and maintenance of sewers and drains and their 
respective appurtenances and the cost of service is substantially uniform; but nothing in 
this act shall preclude the district from establishing a higher rate, toll, rent or entrance 
charge than the regular rates, tolls, rents and entrance charges in sections where, for any 
reason, the cost to the district of construction and maintenance, or the cost of service, 
exceeds the average, but such higher rates, tolls, rents and entrance charges shall be 
uniform throughout the sections where they apply, and trustees may reduce the impact or 
connection fee for sewer service to newly constructed affordable housing.
Prior to the adoption of a new rate schedule, the trustees shall hold a public hearing 
regarding the proposed rate schedule.  The trustees shall publish the proposed rates and 
notice of the hearing not less than once in a newspaper having general circulation in the 
district not less than 7 days prior to the hearing.  The district shall mail to each ratepayer 
a notice of the public hearing and the proposed rate at least 14 days prior to the hearing.
The sewer rates, tolls, rents and entrance charges shall be so established as to provide 
revenue for the following purposes:
I.  To pay the current expenses for operating and maintaining the sewerage, drainage 
and treatment system;
II.  To provide for the payment of interest on the indebtedness created pay the 
principal of and premium, if any, and interest on all bonds and notes issued by the 
district;
III.  To provide each year a sum equal to not less than 1% nor more than 5% of the 
entire indebtedness created by said district, which sum shall be used to pay serial bonds 
or notes when due or be turned into a sinking fund and there kept to provide for the 
extinguishment of said indebtedness.  Money set aside for the sinking fund shall be 
devoted to the retirement of the obligations of said sewer district, and invested in such 
securities as savings banks in this State are allowed to hold create and maintain reserves 
as may be required by any trust agreement or resolution securing bonds and notes;
IV.  If any surplus remains at the end of the year, it may be turned into the sinking 
fund. To provide funds for paying the cost of all necessary repairs, replacements and 
renewals of the sewerage, drainage and treatment systems of the district;
V.  To pay or provide for all amounts that the district may be obligated to pay or 
provide for by law or contract, including any resolution or contract with or benefit of the 
holder of its bonds and notes; and
VI.  To provide each year a sum equal to not less than 1% nor more than 5% of the 
entire indebtedness created by said district, which sum shall be used to pay serial bonds 
or notes when due or be turned into a sinking fund and there kept to provide for the 
extinguishment of said indebtedness.  Money set aside for the sinking fund shall be 
devoted to the retirement of the obligations of said sewer district and invested in such 
securities as savings banks in this State are allowed to hold.  If any surplus remains at the 
end of the year, it may be turned into the sinking fund.
Sec. 20.  Sewer extensions; assessment against lot benefited.  When the 
district has constructed and completed a common sewer, the trustees may, if they so 
determine, in order to defray a portion of the expense thereof, determine what lots or 
parcels of land, whether or not buildings or other structures are located thereon or 
whether or not they are otherwise improved, are benefited by such main or sewer, and 
estimate and assess upon such lots and parcels of land, and against the owner thereof, or 
person in possession or against whom taxes thereon are assessed, whether said person to 
whom the assessment is so made shall be the owner, tenant, lessee or agent, and whether 
the same is occupied or not, such sum not exceeding such benefit as they may deem just 
and equitable towards defraying the expenses of constructing and completing such sewer, 
together with such sewage disposal units and appurtenances as may be necessary, the 
whole of such assessments not to exceed 1/2 of the cost of such sewer and sewage 
disposal units.  The trustees shall file with the clerk of the district the location of such 
sewer and sewage disposal unit, with a profile description of the same, and a statement of 
the amount assessed upon each lot or parcel of land so assessed, a description of each lot 
or parcel, and the name of the owner of such lots or parcels of land of person against 
whom said assessment shall be made, and the clerk of such district shall record the same 
in a book kept for that purpose, and within 10 days after such filing, each person so 
assessed shall be notified of such assessment by having an authentic copy of said 
assessment, with an order or notice signed by the clerk of said district, stating the time 
and place for a hearing upon the subject matter of said assessments, given to each person 
so assessed or left at his usual place of abode in said district.  If he has no place of abode 
in said district, then such notice shall be given or left at the abode of his tenant or lessee if 
he has one in said district.  If he has no such tenant or lessee in said district, then by 
posting said notice in some conspicuous place in the vicinity of the lot or parcel of land 
so assessed, at least 30 days before said hearing, or such notice may be given by 
publishing the same once a week, for 3 successive weeks in any newspaper of general 
circulation in said district, the first publication to be at least 30 days before said hearing.  
A return made upon a copy of such notice by any constable in said Town of Boothbay 
Harbor or the production of the paper containing such notice shall be conclusive evidence 
that said notice has been given, and upon such hearing the trustees shall have power to 
revise, increase or diminish any of such assessments, and all such revisions, increases or 
diminutions shall be in writing and recorded by the clerk of the district. The district may 
not construct any sewer extension unless it acquires from the municipal officers or the 
designee of the municipal officers of any municipality through which the sewer extension 
will pass written assurance that:
1.  Any development, lot or unit intended to be served by the sewer extension is in 
conformity with any adopted municipal plans and ordinances regulating land use; and
2.  The sewer extension is consistent with adopted municipal plans and ordinances 
regulating land use.
If the municipal officers fail to issue a response to a written request from the district 
for written assurance within 45 calendar days of receiving the request in writing, the 
written assurance is deemed granted.
Not less than 7 days prior to the meeting at which the trustees will take final action on 
whether to proceed with the extension, the trustees shall publish notice of the proposed 
extension in a newspaper having a general circulation that includes all municipalities 
through which the sewer extension will pass.
For an intermunicipal sewer extension, when written assurance is denied by 
municipal officers pursuant to this section, an aggrieved party may appeal, within 15 days 
of the decision, to the Department of Agriculture, Conservation and Forestry for a review 
of the municipal officers' decision pursuant to the Maine Revised Statutes, Title 38, 
section 1042, subsection 2, as amended.
When the district has constructed and completed a common sewer, the trustees may, 
if they so determine, in order to defray a portion of the expense thereof, determine what 
lots or parcels of land, whether or not buildings or other structures are located thereon or 
whether or not they are otherwise improved, are benefited by such main or sewer, and 
estimate and assess upon such lots and parcels of land, and against the owner thereof, or 
person in possession or against whom taxes thereon are assessed, whether said person to 
whom the assessment is so made shall be the owner, tenant, lessee or agent, and whether 
the same is occupied or not, such sum not exceeding such benefit as they consider just 
and equitable towards defraying the expenses of constructing and completing such sewer, 
together with such sewage disposal units and appurtenances as may be necessary, the 
whole of such assessments not to exceed 1/2 of the cost of such sewer and sewage 
disposal units.  The trustees shall file with the clerk of the district the location of such 
sewer and sewage disposal unit, with a profile description of the same, and a statement of 
the amount assessed upon each lot or parcel of land so assessed, a description of each lot 
or parcel and the name of the owner of such lots or parcels of land of the person against 
whom said assessment shall be made, and the clerk of such district shall record the same 
in a book kept for that purpose, and within 10 days after such filing each person so 
assessed shall be notified of such assessment by having an authentic copy of said 
assessment, with an order or notice signed by the chair of the board of trustees of said 
district stating the time and place for a hearing upon the subject matter of said 
assessments, given to each person so assessed or left at the person's usual place of abode 
in said district.  If such person has no place of abode in said district, then such notice shall 
be given or left at the abode of the person's tenant or lessee if the person has one in said 
district.  If such person has no such tenant or lessee in said district, then notice must be 
given by posting said notice in some conspicuous place in the vicinity of the lot or parcel 
of land so assessed at least 30 days before said hearing or such notice may be given by 
publishing the same once a week for 3 successive weeks in any newspaper of general 
circulation in said district, the first publication to be at least 30 days before said hearing.  
A return made upon a copy of such notice by any constable in the Town of Boothbay 
Harbor or the Town of Boothbay or the production of the paper containing such notice 
shall be conclusive evidence that said notice has been given, and upon such hearing the 
trustees shall have power to revise, increase or diminish any of such assessments, and all 
such revisions, increases or diminutions shall be in writing and recorded by the clerk of 
the district.
Sec. 21.  Right of appeal.  Any person aggrieved by dissatisfied with the decision 
of said trustees as it relates to any assessment for sewer construction shall have the same 
rights of appeal as are provided in the case of laying out of town ways by the Maine 
Revised Statutes, Title 30-A, section 3443, as amended.
Sec. 22.  Assessments; lien; enforcement.  All assessments made under the 
provisions of section 20 shall create a lien upon each and every lot or parcel of land so 
assessed and the buildings upon the same, which lien shall take effect when the trustees 
file with the clerk of the district the completed assessment, and shall continue for one 
year thereafter; and within.  Within 10 days after the date of hearing on said assessment, 
the clerk of the district shall make out a list of all such assessments, the amount of each, 
and the name of the person against whom the same is assessed, and he shall certify the list 
and deliver it to the treasurer of said district.  If said assessments are not paid within 3 
months from the date thereof, the treasurer may bring an a civil action of debt for the 
collection of said assessment in the name of the district against the person against whom 
said assessment is made and for the enforcement of said lien.  Such action shall be begun 
by writ of attachment commanding the officer serving it to specially attach the real estate 
upon which the lien is claimed, which shall be served as other writs of attachment to 
enforce liens on real estate.  The declaration complaint in such action shall contain a 
statement of such assessment, a description of the real estate against which the 
assessment is made, and an allegation that a lien is claimed on said real estate to secure 
the payment of the assessment.  If no service is made upon the defendant or it shall 
appear that any other persons are interested in such real estate, the court shall order such 
further notice of such action as appears proper, and shall allow such other persons to 
become parties thereto.  If it shall appear upon trial of such action that such assessment 
was legally made against said real estate, and is unpaid, and that there is an existing lien 
on said real estate for the payment of such assessment, judgment shall be rendered for 
such assessment, interest and costs of suit against the defendants and against the real 
estate upon which the assessment was made, and execution issued thereon to be enforced 
by sale of such real estate in the manner provided for a sale on execution of real estate 
attached on original writs process; provided that in making said sale, the officer shall 
follow the procedure in selling and conveying and there shall be the same rights of 
redemption as are provided in the Maine Revised Statutes of 1954, chapter 91-A Title 36, 
section 87, as amended 941.
Sec. 23.  Additional method of collection of assessments.  If assessments 
under section 20 are not paid, and said district does not proceed to collect unpaid 
assessments by a sheriff's sale of the real estate upon which such assessments are made 
proceedings under section 22, or does not collect or is any manner delayed or defeated in 
collecting such assessments by a sheriff's sale of said real estate proceedings under 
section 22, then the treasurer district, in the its name of said district, may maintain an a 
civil action against the party so assessed for the amount of said assessment, as for money 
paid, laid out and expended, in any court of competent jurisdiction, and in such suit may 
recover the amount of such assessment with 10% interest on the same from the date of 
said assessment and costs.
Sec. 24.  Assessments paid by other than owner, how recovered.  When any 
assessment under section 20 shall be paid by any person against whom such assessment 
has been made, who is not the owner of such lot or parcel of land, then the person so 
paying the same shall have a lien upon such lot or parcel of land with the buildings 
thereon for the amount of said assessment so paid by said person, and incidental charges, 
which lien shall continue for one year and which lien may be enforced in an a civil action 
of assumpsit as for money paid, laid out and expended, and by attachment in the way and 
manner provided for the enforcement of liens upon buildings and lots under the Maine 
Revised Statutes of 1954, chapter 178 Title 10.
Sec. 25.  Lien for payment of rates.  There shall be a lien on real estate served or 
benefited by the sewers of the district to secure the payment of rates established and due 
under section 19, which shall take precedence of all other claims on such real estate, 
excepting only claims for taxes.  Real estate for the purposes of this act shall have the 
same definition as given in the Revised Statutes of 1954, chapter 91-A, section  4, as 
amended means an identified parcel of land and its improvements, if any, including, but 
not limited to, a mobile home.
When a rate, toll, rent or other charge has been committed to the treasurer of the 
Boothbay Sewer District for collection, the treasurer may, after the expiration of 3 
months and within one year after the date when the charge became due and payable, give 
to the owner of the real estate served, or leave at the owner's last and usual place of 
abode, or send by certified mail, return receipt requested, to the owner's last known 
address, a written notice signed by the treasurer or bearing the treasurer's facsimile 
signature stating the amount of that rate, toll, rent or other charge, describing the real 
estate upon which the lien is claimed and stating that a lien is claimed to secure payment 
of the charge and demanding payment within 30 days after service or mailing of the 
notice plus $1 for the treasurer for mailing the notice together with the certified mail, 
return receipt requested fee.  The notice must contain a statement that the district is 
willing to arrange installment payments of the outstanding debt.  For the purpose of this 
section, a mobile home is defined as real estate.  After the expiration of the 30-day period 
and within one year, the treasurer shall record in the Lincoln County Registry of Deeds a 
certificate signed by the treasurer setting forth the amount of the rate, toll, rent or other 
charge, and a description of the real estate on which the lien is claimed, stating that a lien 
is claimed to secure payment of the charge and that notice and demand for payment of the 
charge has been given or made in accordance with the provisions of this section, and that 
the charge remains unpaid.  At the time of the recording of a certificate in the Registry of 
Deeds, the treasurer shall file in the office of the district a true copy of the certificate and 
shall mail a true copy of the certificate by certified mail, return receipt requested, to each 
record holder of any mortgage on the real estate, addressed to the record holder at the 
record holder's last and usual place of abode.
The filing of the certificate in the Registry of Deeds is deemed to create, and creates, 
a mortgage on the real estate described in the deed for the district that has priority over all 
other mortgages, liens, attachments and encumbrances of any nature, except liens, 
attachments and claims for taxes, and gives to the district all the rights usually possessed 
by mortgagees, except that the district as mortgagee does not have a right to possession of 
the real estate until the right of redemption provided for has expired.  If the mortgage, 
together with interest and costs, is not paid within 18 months after the date of filing of the 
certificate in the Registry of Deeds, the mortgage is deemed foreclosed and the right of 
redemption expired.  The filing of the certificate in the Registry of Deeds is sufficient 
notice of the existence of the mortgage.  In the event that the rate, toll, rent or other 
charge, with interest and costs, is paid within the period of redemption, the treasurer of 
the district shall discharge the mortgage in the same manner as provided for discharge of 
real estate mortgages.
The cost to be paid by the owner of the real estate served is the sum of the fees for 
receiving, recording and indexing the lien, or its discharge, as established by the Maine 
Revised Statutes, Title 33, section 751, plus $13 and all certified mail, return receipt 
requested fees.
The district shall pay the treasurer $1 for filing the lien certificate and the amount 
paid for certified mail, return receipt requested fees.  The fees for recording the lien 
certificate must be paid by the district to the Register of Deeds.
A discharge of the certificate given after the right of redemption has expired and that 
has been recorded in the Registry of Deeds for more than one year terminates all title of 
the sewer district derived from that certificate or any other recorded certificate for which 
the right of redemption expired 10 years or more prior to the foreclosure date of this 
discharge lien, unless the sewer district has conveyed any interest based upon the title 
acquired from any of the affected liens.
The treasurer of the district has full and complete authority and power to collect rates 
and fees established under section 19 or otherwise authorized by law. The treasurer may, 
after demand for payment, sue in the name of the district in a civil action in any court of 
competent jurisdiction for any rates remaining unpaid. In addition to other methods 
established by law for the collection of rates and without waiver of the right to sue for the 
collection of rates, the lien created under this section may be enforced in the following 
manner.
1.  The treasurer may, after the expiration of 3 months and within one year after the 
date when the rates became due and payable, give to the owner of the real estate served, 
leave at the owner's last and usual place of abode or send by certified mail, return receipt 
requested, to the owner's last known address a notice in writing signed by the treasurer or 
bearing the treasurer's facsimile signature, stating the amount of the rates due, describing 
the real estate upon which the lien is claimed, stating that a lien is claimed on the real 
estate to secure the payment of the rates and demanding the payment of the rates within 
days after service or mailing, with $1 added to the demanded rate for the treasurer and 
an additional fee to cover mailing the notice by certified mail, return receipt requested.  
The notice must contain a statement that the district is willing to arrange installment 
payments of the outstanding debt.
2.  After the expiration of 30 days and within one year after giving notice pursuant to 
subsection 1, the treasurer of the district shall record in the Lincoln County Registry of 
Deeds a certificate signed by the treasurer setting forth the amount of the rates due, 
describing the real estate on which the lien is claimed and stating that a lien is claimed on 
the real estate to secure payment of the rates and that a notice and demand for payment 
has been given or made in accordance with this section and stating further that the rates 
remain unpaid.  At the time of the recording of the certificate in the registry of deeds, the 
treasurer shall file in the office of the district a true copy of the certificate and shall mail a 
true copy of the certificate by certified mail, return receipt requested, to each record 
holder of any mortgage on the real estate, addressed to the record holder at the record 
holder's last and usual place of abode.
3.  The filing of the certificate in the Lincoln County Registry of Deeds creates a 
mortgage held by the district on the real estate described in the certificate that has priority 
over all other mortgages, liens, attachments and encumbrances of any nature, except 
liens, attachments and claims for taxes, and gives to the district all the rights usually 
possessed by mortgagees, except that the district as mortgagee does not have any right to 
possession of that real estate until the right of redemption has expired.
4.  If the mortgage created under subsection 3, together with interest and costs, has 
not been paid within 18 months after the date of filing the certificate in the Lincoln 
County Registry of Deeds in accordance with subsection 2, the mortgage is foreclosed 
and the right of redemption expires. The filing of the certificate in the registry of deeds is 
sufficient notice of the existence of the mortgage.  In the event that the rate, with interest 
and costs, is paid within the period of redemption, the treasurer of the district shall 
discharge the mortgage in the same manner as provided for discharge of real estate 
mortgages.
5.  The owner of the real estate shall pay the sum of the fees for receiving, recording 
and indexing the lien, or its discharge, as established by the Maine Revised Statutes, Title 
33, section 751, plus $13, plus all certified mail, return receipt requested, fees.
6.  Not more than 45 days or less than 30 days before the foreclosing date of the 
mortgage created under subsection 3, the treasurer of the district shall notify the party 
named on the mortgage and each record holder of a mortgage on the real estate in a 
writing signed by the treasurer or bearing the treasurer's facsimile signature and left at the 
holder's last and usual place of abode or sent by certified mail, return receipt requested, to 
the holder's last known address of the impending automatic foreclosure and indicating the 
exact date of foreclosure.  For sending this notice, the district is entitled to receive $3 plus 
all certified mail, return receipt requested, fees, which must be added to and become a 
part of the amount due under subsection 5.  If notice is not given in the time period 
specified in this subsection, the person not receiving timely notice has up to 30 days after 
the treasurer provides notice as specified in this subsection in which to redeem the 
mortgage.  The notice of impending automatic foreclosure must be substantially in the 
following form:
BOOTHBAY HARBOR SEWER DISTRICT
NOTICE OF IMPENDING AUTOMATIC FORECLOSURE
SEWER LIEN
IMPORTANT: DO NOT DISREGARD THIS NOTICE
YOU WILL LOSE YOUR PROPERTY UNLESS
YOU PAY THE CHARGES, COSTS AND INTEREST FOR WHICH
A LIEN ON YOUR PROPERTY HAS BEEN CREATED BY THE
BOOTHBAY HARBOR  SEWER DISTRICT.
TO: ................. 
IF THE LIEN FORECLOSES,
THE BOOTHBAY HARBOR SEWER DISTRICT WILL OWN
YOUR PROPERTY, SUBJECT ONLY TO
MUNICIPAL TAX LIENS.
....................................
District Treasurer
7.  The district shall pay the treasurer $1 for the notice, $1 for filing the lien 
certificate and the amount paid for certified mail, return receipt requested, fees.  The fees 
for recording the lien certificate must be paid by the qualified sewer district to the 
Lincoln County Registry of Deeds.
8.  A discharge of the certificate given after the right of redemption has expired, 
which discharge has been recorded in the Lincoln County Registry of Deeds for more 
than one year, terminates all title of the qualified sewer district derived from that 
certificate or any other recorded certificate for which the right of redemption expired 10 
years or more prior to the foreclosure date of this discharge lien, unless the district has 
conveyed any interest based upon the title acquired from any of the affected liens.
9.  The district has had and continues to have the authority to collect rates and fees in 
this manner without having to become a qualified sewer district under Title 38, section 
1050, and all liens issued and recorded under the district's authority prior to and 
subsequent to the effective date of this subsection remain valid.
Sec. 26.  Construction of this act; bylaws and regulations authorized; 
incidental powers and rights.   This act shall be construed as authorizing a charge by 
said district for the use of sewers, sewer systems and treatment works in addition to any 
other assessments now lawfully imposed by general law.  The trustees may adopt such 
rules and regulations and bylaws as may be necessary or convenient to carry out the 
provisions of this act.  All incidental powers, rights and privileges necessary to the 
accomplishment of the main objects of this act as set forth herein are granted to said 
district; including the right of the trustees to determine when and where sewerage 
facilities are most needed, and when and how sewers shall be built.
Sec. 27.  Existing statutes not affected; rights conferred subject to 
provisions of law.  Nothing herein contained is intended to repeal or shall be construed 
as repealing the whole or any part of any existing statute, and all the rights and duties 
herein mentioned shall be exercised and performed in accordance with any applicable 
provisions of the Revised Statutes of 1954, chapters 44 and 79 and any acts amendatory 
thereof or additional thereto laws of the State of Maine.
Sec. 2.  Transition.  The Trustees of the Boothbay Harbor Sewer District in office 
at the time of acceptance of this Act by referendum shall serve the remainder of their 
current 3-year terms, but upon the next expiration of a trustee's term following acceptance 
of this Act, that trustee position must be filled by a person elected from the Town of 
Boothbay, and thereafter that trustee position must be elected from the Town of 
Boothbay.
Sec. 3.  Referendum; effective date.  This Act takes effect when approved only 
for the purpose of permitting its submission to the legal voters of the Boothbay Harbor 
Sewer District at an election called for that purpose and held by November 5, 2019.  The 
election must be called, advertised and conducted according to the law relating to 
municipal elections, except that the registrar of voters is not required to prepare or the 
clerk to post a new list of voters.  For the purpose of registration of voters, the registrar of 
voters must be in session the regular workday preceding the election.  The subject matter 
of this Act is reduced to the following question:
"Do you favor adopting the 2019 revision of the Boothbay Harbor Sewer 
District charter?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their opinion of the same.
The results must be declared by the municipal officers of the Town of Boothbay 
Harbor and the Town of Boothbay and due certificate of the results filed by the clerk with 
the Secretary of State.
This Act takes effect for all other purposes immediately upon its approval by a 
majority of the legal voters voting at the election.  Failure to achieve the necessary 
approval in any referendum does not prohibit subsequent referenda consistent with this 
section as long as the referenda are held within 2 years after the effective date of this Act.
SUMMARY
This bill updates Private and Special Law 1961, chapter 161, the Charter of the 
Boothbay Harbor Sewer District, to include language from the Standard Sewer District 
Enabling Act.  It also provides for representation of the Town of Boothbay on the board 
of trustees of the district.