reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 2: ORGANIZATION › 38 §1106. Operational date of sanitary districts

§1106. Operational date of sanitary districts
Notwithstanding the prior issuance of a certificate of organization, a sanitary district is not in operation and may not exercise any of its powers granted in this chapter until the date set by the Commissioner of Environmental Protection as provided in section 1105. On that date, the sanitary district becomes operative and the trustees shall assume the management and control of the operation of all of the public sewers, storm and surface water drains, treatment plants and related structures within the sanitary district, and the municipalities and residents of unorganized territory within the sanitary district on and after the operational date have no responsibility for the operation or control of the public sewers and storm and surface water drains and treatment plants within their respective jurisdictions other than to pay for services rendered to the municipality or residents by the sanitary district.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §215 (AMD).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1967, c. 524, §5 (AMD). PL 1969, c. 431, §9 (AMD). PL 1971, c. 618, §12 (AMD). PL 1989, c. 890, §§A40,B215 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1151. Powers

§1151. Powers
Each sanitary district formed under this chapter shall have the power, within the district, within the territory of any adjoining municipality, and within any adjoining unorganized territory, 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, to and into tidal waters, rivers, watercourses and treatment works or to or into any drain or sewer now or hereafter built which empties into tidal waters, rivers, watercourses and 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 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 and commercial and industrial waste and of storm and surface 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 the district.   [PL 1967, c. 524, §6 (AMD).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1967, c. 524, §6 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1151-A. Enforcement power

§1151-A. Enforcement power
A sanitary district may seek in a civil action injunctive relief from an industrial user that violates any pretreatment standard or requirement administered by the district. The district may seek a civil penalty of up to $1,000 a day for each violation by an industrial user of a pretreatment standard or requirement.   [PL 1991, c. 213, §1 (NEW).]
SECTION HISTORY
PL 1991, c. 213, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1152. Right of eminent domain

§1152. Right of eminent domain
Each sanitary district formed under this chapter is authorized and empowered to acquire and hold real and personal property necessary or convenient for its purposes, and is granted the right of eminent domain, and for such purposes 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 interest 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.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1152-A. Procedure in exercise of right of eminent domain

§1152-A. Procedure in exercise of right of eminent domain
The right of eminent domain granted in section 1152 may only be exercised after complying with the following procedures.   [PL 1981, c. 466, §5 (NEW).]
1.  Notice to owner.
The district shall provide notice to the owner as follows.
A. The owner or owners of record shall be notified as follows:
(1) The determination of the trustees that they will exercise the right of eminent domain;
(2) A description and scale map of the land or easement to be taken;
(3) The final amount offered for the land or easement to be taken, based on the fair value, as estimated by the district; and
(4) Notice of the time and place of the hearing provided in subsection 3.   [PL 1981, c. 466, §5 (NEW).]
B. Notice may be made:
(1) By personal service in hand by an officer duly qualified to serve civil process in this State; or
(2) By certified mail, return receipt requested, to the owner's last known address.   [RR 2021, c. 2, Pt. B, §274 (COR).]
C. Alternate notice. If the owner or owners are not known or if they cannot be notified by personal service or certified mail, notice may be given by publication in the same manner as provided in subsection 3.   [PL 1981, c. 466, §5 (NEW).]
[RR 2021, c. 2, Pt. B, §274 (COR).]
2.  Notice to tenant.
Notice shall be made to any tenants in the same manner as for the owner.
[PL 1981, c. 466, §5 (NEW).]
3.  Hearing.
The trustees shall hold a public hearing on the advisability of the proposed exercise of the right of the eminent domain. Notice of the hearing shall be made by publication in a newspaper of general circulation in the area of the taking and shall be given once a week for 2 successive weeks, the last publication to be at least 2 weeks prior to the time appointed in the hearing. The hearing notice shall include:
A. The time and place of the hearing;   [PL 1981, c. 466, §5 (NEW).]
B. A description of the land or easement taken; and   [PL 1981, c. 466, §5 (NEW).]
C. The owners, if known.   [PL 1981, c. 466, §5 (NEW).]
[PL 1981, c. 466, §5 (NEW).]
SECTION HISTORY
PL 1981, c. 466, §5 (NEW). RR 2021, c. 2, Pt. B, §274 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1153. Condemnation proceedings

§1153. Condemnation proceedings
Each sanitary district formed under this chapter, in exercising from time to time the right of eminent domain conferred upon it by section 1152, shall file in the office of the county commissioners of the county in which the property to be taken is located 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 any such 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 any such 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 any such 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 the district until payment therefor.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1154. Appeal

§1154. Appeal
If a person sustaining damages by any taking by a sanitary district under section 1153 does not agree with the district upon the sum to be paid therefor, either party, upon petition to the county commissioners of the county in which the property is located, may have the damages assessed by them; the procedure and all subsequent proceedings and right of appeal thereon must 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:   [PL 2021, c. 293, Pt. B, §13 (RPR).]
1.  Title not vested until payment.
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 the county in which lands and interests are located, for escrow at interest for the benefit of the owner pending final determination of the amount to which the owner is entitled; and
[PL 2021, c. 293, Pt. B, §13 (NEW).]
2.  Appeal.
In the event of an appeal of the amount awarded as damages for such a taking:
A. The petition for assessment of damages must be filed with the clerk of the 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   [PL 2021, c. 293, Pt. B, §13 (NEW).]
B. If the return of the county commissioners has not been made within 120 days following the filing of the petition for assessment, the county commissioners must 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.   [PL 2021, c. 293, Pt. B, §13 (NEW).]
[PL 2021, c. 293, Pt. B, §13 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1983, c. 444 (AMD). PL 2021, c. 293, Pt. B, §13 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1155. Crossing other public utilities

§1155. Crossing other public utilities
If any sewer line of any sanitary district formed under this chapter crosses the property or line of any other public utility, unless consent is given by such other public utility as to place, manner and conditions of the crossing within 30 days after such consent is requested by such 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 any sanitary district as provided above crosses the property or line of any railroad corporation, the procedure shall be the same as stated in the preceding sentence, except that the Department of Transportation shall be substituted for the Public Utilities Commission. Nothing herein contained shall be construed as authorizing any such sanitary district to take by right of eminent domain any of the property or facilities of any other public utility used, or acquired for future use by the owner thereof, in the performance of a public duty unless expressly authorized by special Act of the Legislature.   [PL 1981, c. 469, §61 (AMD).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1981, c. 469, §61 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1156. Entry of private sewer

§1156. Entry of private sewer
A person may enter the person's private sewer into any sewer of a sanitary district formed under this chapter while the same is under construction and before completion of such sewer at the point of entry, on obtaining a permit in writing from the trustees of the district; but after the sewer is completed to the point of entry and an entrance charge established on that location, a person may not enter the person's private sewer into such sewer until the person has paid the entrance charge and obtained a permit in writing from the trustees. All such permits must be recorded by the clerk of the district in its records before the same are issued.   [RR 2021, c. 2, Pt. B, §275 (COR).]
SECTION HISTORY
PL 1965, c. 310 (NEW). RR 2021, c. 2, Pt. B, §275 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1157. Contracts for disposal of sewage

§1157. Contracts for disposal of sewage
Any sanitary district formed under this chapter is authorized to contract with persons, corporations, districts and other municipalities, both inside and outside the boundaries of the district, and with the State of Maine and the United States Government or any agency of either, to provide for disposal of sewage and commercial and industrial waste and storm and surface water through the district's system and through the system of any such person, corporation, district or other municipality; and every other district and municipality of the State of Maine is authorized to contract with such sanitary district for the collection, distribution, treatment and disposal of sewage and commercial and industrial waste and storm and surface water, and for said purposes any such municipality may raise money as for other municipal charges.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1158. Conditions for carrying out work

§1158. Conditions for carrying out work
When any sanitary district formed under this chapter 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 done expeditiously, 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 municipality in which the work is being done, or, if such work is being done in unorganized territory, the commissioners of the county wherein such unorganized territory is located, 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 such municipal officers or county commissioners, as the case may be, deem it restored to a condition safe for traffic.   [PL 1967, c. 524, §7 (AMD).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1967, c. 524, §7 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1159. Inspection of sewers

§1159. Inspection of sewers
The officers or agents of each sanitary district formed under this chapter 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 this chapter and the rules and regulations prescribed by the trustees of the district.   [PL 1979, c. 541, Pt. A, §273 (AMD).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1979, c. 541, §A273 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1160. Connection of private sewers

§1160. Connection of private sewers
Every building in a sanitary district formed under this chapter intended for human habitation or occupancy or with facilities for discharge or disposal of wastewater or commercial or industrial waste that is accessible to a sewer or drain of such district must have a sanitary sewer or drainage system that is caused to be connected with such sewer or drain of the district by the owner or person against whom taxes on the premises are assessed, in the most direct manner possible, 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 such building. Existing buildings that are already served by a private sewer or drainage system are not required to connect with any sewer or drain of the district so long as the private sewer or drainage system functions in a satisfactory and sanitary manner, and does not violate any law or ordinance applicable thereto or any applicable requirement of the state plumbing code, as determined by the municipal plumbing inspector, the inspector's alternate, or, in the event that both are trustees or employees of the district, the Division of Health Engineering. A building is deemed to be accessible to a sewer or drain of the district for the purposes of this section if such building, or any private sewer or drain directly or indirectly connected thereto or carrying wastewater or commercial or industrial waste therefrom, at any point is or comes within 200 feet of a sewer or drain of the district; except that this section does not require the owner of any such building to acquire any real property or easement therein for the sole purpose of making such connection.   [RR 2021, c. 2, Pt. B, §276 (COR).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1981, c. 466, §§6,7 (AMD). PL 1985, c. 612, §18 (AMD). RR 2021, c. 2, Pt. B, §276 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1161. Injury to property of districts

§1161. Injury to property of districts
Any person who shall place, discharge or leave any offensive or injurious matter or material on or in the conduits, catch basins or receptacles of any sanitary district formed under this chapter contrary to its regulations, or shall knowingly injure any conduit, pipe, reservoir, flush tank, catch basin, manhole, outlet, engine, pump or other property held, owned or used by that district shall be liable to pay twice the amount of the damages to the district, to be recovered in any proper action; and that person and any person who violates section 1159 and 1160 shall be guilty of a Class E crime.   [PL 1977, c. 696, §347 (RPR).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1977, c. 696, §347 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1162. Expansion of sanitary district boundaries

§1162. Expansion of sanitary district boundaries
A sanitary district may expand the boundaries of the sanitary district in the same manner as is provided for the formation of the sanitary district in section 1101.   [PL 1981, c. 466, §8 (NEW).]
SECTION HISTORY
PL 1981, c. 466, §8 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 3: POWERS › 38 §1163-A. Coordination with municipal planning

§1163-A. Coordination with municipal planning
To facilitate coordination of municipal planning and sewer extension planning:   [PL 1993, c. 721, Pt. B, §4 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]
1.  Sanitary districts.
The trustees of a sanitary district shall cooperate with municipal officials in the development of municipal growth management and other land use plans and ordinances; and
[PL 1993, c. 721, Pt. B, §4 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]
2.  Municipalities.
Municipal officers shall cooperate with the trustees of a sanitary district during the consideration of development applications that may affect the operations of the district.
[PL 1993, c. 721, Pt. B, §4 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]
SECTION HISTORY
PL 1993, c. 721, §B4 (NEW). PL 1993, c. 721, §H1 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1202-A. Impact fees and connection fees; affordable housing

§1202-A. Impact fees and connection fees; affordable housing
Notwithstanding section 1202, the trustees may reduce the impact fee or connection fee, as those terms are defined in Title 30‑A, section 5061, for sewer service to newly constructed affordable housing in accordance with Title 30‑A, chapter 202‑A.   [PL 2007, c. 174, §4 (NEW).]
SECTION HISTORY
PL 2007, c. 174, §4 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1204. Appeal on assessment

§1204. Appeal on assessment
Any person aggrieved by the decision of said trustees as it relates to any assessment for sewer construction under section 1203 shall have the same rights of appeal as are provided in the case of laying out of town ways.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1205. Lien for unpaid assessments

§1205. Lien for unpaid assessments
All assessments made under section 1203 create a lien upon each and every lot or parcel of land so assessed and the buildings upon the same. The lien takes effect when the trustees file with the clerk of the district the completed assessment, and continues for one year thereafter. Within 10 days after the date of hearing on the 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 the clerk of the district shall certify the list and deliver it to the treasurer of the district. If an assessment is not paid within 3 months from the date thereof, the treasurer may bring a civil action for the collection of that assessment in the name of the district against the person against whom the assessment is made and for the enforcement of the lien. The complaint in such action must 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 that real estate to secure the payment of the assessment. If service is not made upon the defendant or it appears 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 appears upon trial of such action that such assessment was legally made against the real estate, and is unpaid, and that there is an existing lien on that real estate for the payment of such assessment, judgment must 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 must issue thereon to be enforced by sale of such estate in the manner provided for a sale on execution of real estate attached on original process. In making such a sale the officer shall follow the procedure in selling and conveying, and there are the same rights of redemption, as provided in Title 36, section 941.   [RR 2021, c. 2, Pt. B, §280 (COR).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1979, c. 541, §A274 (AMD). RR 2021, c. 2, Pt. B, §280 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1206. Civil action for unpaid assessments

§1206. Civil action for unpaid assessments
If assessments under section 1203 are not paid, and any such district does not proceed to collect unpaid assessments by proceedings as prescribed in section 1205, or does not collect or is in any manner delayed or defeated in collecting such assessments by proceedings under section 1205, then the district in its name may maintain 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 action may recover the amount of such assessment with 10% interest on the same from the date of said assessment and costs.   [PL 1979, c. 541, Pt. A, §275 (AMD).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1979, c. 541, §A275 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1207. Assessment paid by persons other than owner

§1207. Assessment paid by persons other than owner
When any assessment under section 1203 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 a civil action 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 Title 10.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1207-A. Landlord access to tenant bill payment information

§1207-A. Landlord access to tenant bill payment information
If a tenant is billed for sewer service provided to property rented by the tenant and nonpayment for the service may result in a lien against the property, the sanitary district shall provide to the landlord or the landlord's agent, on request of the landlord or the landlord's agent, the current status of the tenant's account, including any amounts due or overdue.   [PL 2005, c. 306, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 306, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1208-A. Waiver of automatic foreclosure of lien mortgage

§1208-A. Waiver of automatic foreclosure of lien mortgage
1.  Waiver of sanitary district lien foreclosure.
The treasurer of a district, when authorized by the trustees of the district, may waive the foreclosure of a sanitary district lien mortgage created under section 1208 by recording in the registry of deeds a waiver of foreclosure before the period for the right of redemption from the sanitary district lien mortgage has expired. The sanitary district lien mortgage remains in full effect after the recording of a waiver. Other methods established by law for the collection of any unpaid rate, toll, rent or other charges are not affected by the filing of a waiver under this section.
[PL 2009, c. 490, §2 (NEW).]
2.  Form.
The waiver of foreclosure under subsection 1 must be substantially in the following form:
STATE OF MAINE .....................SANITARY DISTRICT
WAIVER OF AUTOMATIC FORECLOSURE
OF SEWER LIEN
Title 38, M.R.S.A., section 1208-A
The foreclosure of the sewer lien mortgage on real estate for charges against ..........(NAME) to ..........(NAME OF SANITARY DISTRICT) dated .......... and recorded in the .......... County Registry of Deeds in Book .........., Page .......... is hereby waived.
The form must be dated, signed by the treasurer of the district and notarized. A copy of the form must be provided to the party named on the sanitary district lien mortgage and each record holder of a mortgage on the real estate.
[PL 2009, c. 490, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 490, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1209. Supplementary charges

§1209. Supplementary charges
Any sanitary district formed under this chapter shall be authorized to impose charges, in addition to any other assessments now lawfully imposed by general law, for the use of sewers, sewer systems and treatment works, and the trustees may adopt such rules and regulations as may be necessary or convenient to carry out the purposes of such district. All incidental powers, rights and privileges necessary to the accomplishment of the purposes of the district are granted to the district and its trustees, including the right of its trustees to determine when and where sewerage and treatment facilities and disposal units are needed and when and where the same shall be constructed.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 4: BONDS, RATES AND ASSESSMENTS › 38 §1210. Competitive bidding

§1210. Competitive bidding
Any contract in excess of $2,000 between a sanitary district, whether formed under this chapter or by private and special Act of the Legislature, and a contractor for the construction of facilities located on private property for the exclusive use of a private individual and for which the private individual is required to pay the total cost directly to the sanitary district, shall be awarded by a system of competitive bidding. Unless there are valid reasons to the contrary, the contracts shall be awarded to the lowest responsible bidder.   [PL 1973, c. 476, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 476, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11-A: COMMUNITY SANITARY DISTRICTS › 38 §1231. Definitions

§1231. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2005, c. 556, §4 (NEW).]
1.  Cluster development.
"Cluster development" has the same meaning as in Title 30‑A, section 4301, subsection 1‑A.
[PL 2005, c. 556, §4 (NEW).]
2.  Community sanitary district.
"Community sanitary district" or "district" means a district formed under this chapter to manage one or more subsurface wastewater collection, treatment and disposal systems to accommodate residential development as a means of facilitating compact growth patterns, including cluster developments.
[PL 2005, c. 556, §4 (NEW).]
SECTION HISTORY
PL 2005, c. 556, §4 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11-A: COMMUNITY SANITARY DISTRICTS › 38 §1232. Formation; expansion

§1232. Formation; expansion
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:   [PL 2005, c. 556, §4 (NEW).]
1.  Facilitate compact growth.
Creation of the district will facilitate cluster developments or other compact growth patterns;
[PL 2005, c. 556, §4 (NEW).]
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
[PL 2005, c. 556, §4 (NEW).]
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.
[PL 2005, c. 556, §4 (NEW).]
The boundaries of a community sanitary district may be expanded in accordance with section 1162.   [PL 2005, c. 556, §4 (NEW).]
SECTION HISTORY
PL 2005, c. 556, §4 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11-A: COMMUNITY SANITARY DISTRICTS › 38 §1233. Municipal system; transfer of assets to district

§1233. Municipal system; transfer of assets to district
A municipality that, pursuant to Title 30‑A, section 5403, subsection 14 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.   [PL 2005, c. 556, §4 (NEW).]
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.   [PL 2005, c. 556, §4 (NEW).]
SECTION HISTORY
PL 2005, c. 556, §4 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11-A: COMMUNITY SANITARY DISTRICTS › 38 §1234. Powers

§1234. Powers
Except as provided in this section, a community sanitary district has the powers, privileges and duties and is subject to the requirements and restrictions of a sanitary district under chapter 11.   [PL 2005, c. 556, §4 (NEW).]
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 services, and do any or all other things necessary or incidental to accomplish the purposes of the district.
[PL 2005, c. 556, §4 (NEW).]
2.  Limited purposes.
A community sanitary district may exercise powers granted under this chapter only for the limited purpose of providing subsurface wastewater collection, treatment and disposal services to accommodate residential development.
A. A community sanitary district may not provide services to nonresidential users.   [PL 2005, c. 556, §4 (NEW).]
B. The provisions of section 1160 apply only to residential buildings.   [PL 2005, c. 556, §4 (NEW).]
[PL 2005, c. 556, §4 (NEW).]
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;   [PL 2005, c. 556, §4 (NEW).]
B. Section 1151, relating to certain sanitary district powers;   [PL 2005, c. 556, §4 (NEW).]
C. Section 1151‑A, relating to certain enforcement powers;   [PL 2005, c. 556, §4 (NEW).]
D. Sections 1152, 1152‑A, 1153 and 1154, relating to powers of eminent domain; and   [PL 2005, c. 556, §4 (NEW).]
E. Section 1157, relating to certain contracting powers.   [PL 2005, c. 556, §4 (NEW).]
[PL 2005, c. 556, §4 (NEW).]
SECTION HISTORY
PL 2005, c. 556, §4 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12: SEWER DISTRICTS (REPEALED) › 38 §1251. Definitions (REPEALED)

§1251. Definitions
(REPEALED)
SECTION HISTORY
PL 1981, c. 466, §13 (NEW). PL 1981, c. 628 (AMD). PL 2013, c. 555, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12: SEWER DISTRICTS (REPEALED) › 38 §1252. Additions to private and special laws (REPEALED)

§1252. Additions to private and special laws
(REPEALED)
SECTION HISTORY
PL 1981, c. 466, §13 (NEW). PL 1983, c. 480, §A69 (AMD). PL 1985, c. 506, §§B36,37 (AMD). PL 1987, c. 256, §47 (AMD). PL 1991, c. 213, §§2,3 (AMD). PL 1993, c. 721, §§B5,6 (AMD). PL 1993, c. 721, §H1 (AFF). PL 1995, c. 636, §2 (AMD). PL 2003, c. 267, §3 (AMD). PL 2005, c. 306, §4 (AMD). PL 2007, c. 58, §3 (REV). PL 2007, c. 174, §5 (AMD). PL 2011, c. 655, Pt. JJ, §39 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 657, Pt. W, §5 (REV). PL 2013, c. 555, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12: SEWER DISTRICTS (REPEALED) › 38 §1253. Governance of sewer districts (REPEALED)

§1253. Governance of sewer districts
(REPEALED)
SECTION HISTORY
PL 1981, c. 466, §13 (NEW). PL 1987, c. 490, §C17 (AMD). PL 2013, c. 555, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12: SEWER DISTRICTS (REPEALED) › 38 §1254. Effective date (REPEALED)

§1254. Effective date
(REPEALED)
SECTION HISTORY
PL 1981, c. 466, §13 (NEW). PL 2013, c. 555, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12: SEWER DISTRICTS (REPEALED) › 38 §1255. Mutual funds (REPEALED)

§1255. Mutual funds
(REPEALED)
SECTION HISTORY
PL 1993, c. 651, §8 (NEW). PL 2013, c. 555, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12: SEWER DISTRICTS (REPEALED) › 38 §1256. Sewer districts; authority to increase debt limits (REPEALED)

§1256. Sewer districts; authority to increase debt limits
(REPEALED)
SECTION HISTORY
PL 2005, c. 192, §3 (NEW). PL 2013, c. 555, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12: SEWER DISTRICTS (REPEALED) › 38 §1257. Waiver of sewer district lien foreclosure (REPEALED)

§1257. Waiver of sewer district lien foreclosure
(REPEALED)
SECTION HISTORY
PL 2009, c. 490, §3 (NEW). PL 2013, c. 555, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12: SEWER DISTRICTS (REPEALED) › 38 §1258. Qualified sewer districts; collection of unpaid rates (REPEALED)

§1258. Qualified sewer districts; collection of unpaid rates
(REPEALED)
SECTION HISTORY
PL 2011, c. 26, §1 (NEW). PL 2013, c. 555, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1271. Findings and purpose

§1271. Findings and purpose
The Legislature finds that the presence of friable and potentially friable asbestos in public and private buildings is a public health hazard; that State Government and local government agencies are conducting major abatement programs; that it is critical to the safe conduct of all asbestos abatement activities such as monitoring, design, analysis, training, identification, encapsulation, removal, handling and disposal activities that trained and qualified personnel from the public and private sectors be employed; and that work practice standards for asbestos abatement activities must be established and enforced to ensure protection of the public health.   [PL 1993, c. 355, §25 (AMD).]
The purpose of this chapter is to provide a flexible means by which the State, acting through the Department of Environmental Protection, may ensure that those engaged in the management and abatement of friable asbestos-containing materials are properly trained, supervised and directed to protect the public health.   [PL 1991, c. 473, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 1991, c. 473, §1 (AMD). PL 1993, c. 355, §25 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1273. Prohibitions

§1273. Prohibitions
Unless otherwise provided in this section:   [PL 1987, c. 448, §1-C (NEW).]
1.  License or certificate required.
No person or owner or operator may engage in any asbestos abatement activities in the State, unless licensed or certified pursuant to this chapter; and
[PL 1993, c. 355, §39 (AMD).]
2.  Notification required.
A person, owner or operator may not engage in any asbestos abatement activity over 3 linear feet or 3 square feet of asbestos-containing material unless that person, owner or operator notifies the commissioner in writing. This notification must be postmarked at least 10 calendar days before or delivered to the department at least 5 working days prior to beginning any on-site work, including on-site preparation work. The department may approve a reduction in the number of days required for notification on a case-by-case basis when unforeseeable circumstances or compliance with standard notification procedures may cause a threat to the environment or human health.
[PL 2009, c. 374, §4 (AMD).]
3.  In-house abatement units.
[PL 1989, c. 325, §4 (RP).]
4.  Exemption.
Asbestos abatement activities related to disposal undertaken at licensed asbestos disposal sites are exempt from the requirements of this section.
[PL 2005, c. 52, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 1989, c. 325, §§4,5 (AMD). PL 1991, c. 473, §§11,12 (AMD). PL 1993, c. 355, §39 (AMD). PL 1993, c. 355, §40 (AMD). PL 2001, c. 626, §17 (AMD). PL 2005, c. 52, §1 (AMD). PL 2009, c. 374, §4 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1274. Licensing and certification (REPEALED)

§1274. Licensing and certification
(REPEALED)
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 1989, c. 325, §6 (AMD). PL 1989, c. 630, §5 (AMD). PL 1989, c. 890, §§A40,B219 (AMD). PL 1991, c. 473, §13 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1274-A. Certification and licensing requirements

§1274-A. Certification and licensing requirements
The board may adopt and amend rules necessary to govern the licensing of business or public entities including but not limited to asbestos abatement contractors, in-house asbestos abatement units, asbestos consultants, asbestos analytical laboratory and training providers; and the certification of asbestos professionals undertaking asbestos abatement activities.   [PL 1993, c. 355, §41 (AMD).]
SECTION HISTORY
PL 1991, c. 473, §14 (NEW). PL 1993, c. 355, §41 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1275. Approval of training courses

§1275. Approval of training courses
The board, after consultation with the Commissioner of Administrative and Financial Services and the Commissioner of Labor, shall develop rules establishing criteria and procedures for the approval of training courses and examinations that ensure the qualifications of applicants for certification as required in this chapter. The board shall adopt these rules in accordance with Title 5, chapter 375, subchapter II.   [PL 1993, c. 355, §42 (AMD).]
1.  Course requirements.
To qualify for approval, a training course must contain a combination of class instruction, practical application and public health procedures of a length and content that to the satisfaction of the commissioner must ensure adequate training for the level and type of responsibility for each named certification category.
[PL 1993, c. 355, §42 (AMD).]
2.  Instructors.
All courses certified under this section must be conducted by instructors whose training and experience is determined by the commissioner to be appropriate for the subject matter being taught and the level of certification category for which the course is designed. All courses must be designed and conducted under the guidance of an asbestos abatement design consultant.
[PL 1993, c. 355, §42 (AMD).]
3.  Transition.
Training courses conducted by, and instructors employed by, a firm with in-house asbestos abatement units contracting for asbestos removal with the Federal Government are considered certified under this section pending review for certification if the firm has submitted to the commissioner by March 1, 1990, a training course that meets training requirements set forth in this chapter.
[PL 1991, c. 473, §15 (AMD).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 1989, c. 630, §§6,7 (AMD). PL 1991, c. 473, §15 (AMD). PL 1993, c. 355, §42 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1276. Reciprocity agreement

§1276. Reciprocity agreement
The commissioner may develop reciprocity agreements with other states when the states have established licensing and certification requirements that are at least as stringent as those set forth in this chapter.   [PL 1987, c. 448, §1-C (NEW).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1277. Support services

§1277. Support services
The Department of Administrative and Financial Services shall provide supporting services to the commissioner for the implementation of this chapter, including:   [PL 2007, c. 466, Pt. A, §71 (AMD).]
1.  Training records.
Maintenance of training records for employees of public and private entities intending to undertake asbestos abatement activities in the State;
[PL 1987, c. 448, §1-C (NEW).]
2.  Evaluation of applications.
Assistance in the evaluation of applications for licensing or certification for compliance with this chapter and subsequent rules, upon request of the commissioner; and
[PL 1991, c. 473, §16 (AMD).]
3.  Evaluation of training programs.
Evaluation, development and management of training programs which are appropriate for applicants attempting to comply with the provisions of this chapter and subsequent rules.
[PL 1991, c. 473, §16 (AMD).]
4.  Maintenance of project records.
[PL 1991, c. 473, §17 (RP).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 1989, c. 890, §§A40,B220 (AMD). PL 1991, c. 473, §§16,17 (AMD). PL 2007, c. 466, Pt. A, §71 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1278. Fees

§1278. Fees
1.  Fees established.
[PL 2009, c. 374, §5 (RP).]
1-A.  License and certification fees.
Fees for each license and certification category are established under section 352. The fees must be paid upon application and annually thereafter.
[PL 2009, c. 374, §6 (NEW).]
2.  Notification fees.
Notification of asbestos abatement activities pursuant to section 1273, subsection 2 must be accompanied by the notification fee established under section 352 unless the activity occurs in single-unit residential buildings. Notification fees are based on the total linear or square feet of asbestos-containing material involved in the activity.
A. [PL 2009, c. 374, §7 (RP).]
[PL 2009, c. 374, §7 (AMD).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 1989, c. 630, §§8,9 (AMD). PL 1991, c. 473, §18 (AMD). PL 1993, c. 355, §§43,44 (AMD). PL 2009, c. 374, §§5-7 (AMD).