reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §992. Definitions

§992. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 470, §2 (NEW).]
1.  Commission.
"Commission" means the St. Croix International Waterway Commission.
[PL 1987, c. 470, §2 (NEW).]
2.  Memorandum of Understanding.
"Memorandum of Understanding" means the Memorandum of Understanding Between the State of Maine of the United States and the Province of New Brunswick of Canada Regarding the St. Croix International Waterway, signed by the Governor of the State and the Premier of the Province of New Brunswick in November 1986.
[PL 1987, c. 470, §2 (NEW).]
3.  Waterway.
"Waterway" means the St. Croix River, including the Chiputneticook Lakes.
[PL 1987, c. 470, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §993. St. Croix International Waterway boundaries established

§993. St. Croix International Waterway boundaries established
The boundaries for the St. Croix International Waterway shall be on the Maine side, commencing 250 feet from the high watermark at the northern end of the bridge over Lewis Cove in Perry, Maine; thence by a straight line in a northeasterly direction toward the easternmost point of Navy Island to the International Boundary; thence in a northerly direction along the International Boundary to the monument on Monument Brook; thence southerly along the United States side of Monument Brook 250 feet from the high watermark continuing southward along Monument Brook to North Lake and southward along the shores of North Lake, The Thoroughfare, Grand Lake, Mud Lake and Spednick Lake; and thence southerly 250 feet above the high watermark along the United States side of the St. Croix River to the place of beginning being 250 feet from the high watermark at the northern end of the bridge over Lewis Cove in Perry, Maine; and shall be established on the New Brunswick side, by the Province of New Brunswick by their own action, commencing 200 feet from the high watermark at the southernmost point of St. Andrews; thence by a straight line in a southerly direction to the easternmost point of Navy Island, also known as St. Andrews Island; thence by a straight line in a southwesterly direction toward the northern end of the bridge over Lewis Cove in Perry, Maine, to the International Boundary; thence in a northerly direction along the International Boundary to the monument on Monument Brook; thence southerly along the Canadian side of Monument Brook 200 feet from the high watermark to the point where the Monument Brook empties into North Lake; thence easterly along the northern shore of North Lake 200 feet above the high watermark to Highway 122; thence easterly along Highway 122 to Canterbury; thence southerly along the Canadian Pacific Railway line to McAdam; thence westerly along Route 4 to the International Boundary between St. Croix and Vanceboro; thence southerly 200 feet above the high watermark along the Canadian side of St. Croix River and maintaining this 200 feet above the high watermark around Oak Bay and Waweig Bay to the place of beginning being 200 feet from the high watermark at the southernmost point of St. Andrews.   [PL 1987, c. 470, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §994. Creation of St. Croix International Waterway Commission

§994. Creation of St. Croix International Waterway Commission
To carry out the purposes of this chapter, there is created the St. Croix International Waterway Commission. The objectives of the commission are, to the extent permitted by the laws of the United States and Canada, to:   [PL 1987, c. 470, §2 (NEW).]
1.  Encourage wise use.
Encourage continued wise use of the river system and adjacent lands for maximum economic benefit of the people of the region;
[PL 1987, c. 470, §2 (NEW).]
2.  Protect recreational resources.
Protect and coordinate the management of an increasingly valuable natural and recreational resource for current and future usage;
[PL 1987, c. 470, §2 (NEW).]
3.  Encourage back country experience.
Encourage and maintain a high quality back country recreational and educational experience for users of the resource;
[PL 1987, c. 470, §2 (NEW).]
4.  Encourage tourism.
Encourage tourism, based on identified themes, with resultant economic benefits to the region;
[PL 1987, c. 470, §2 (NEW).]
5.  Promote heritage.
Protect and promote awareness of human heritage resources, including both Indian and early European;
[PL 1987, c. 470, §2 (NEW).]
6.  Coordinate shared resource.
Ensure coordination in the planning and management of a shared resource;
[PL 1987, c. 470, §2 (NEW).]
7.  Ensure fair use.
Establish the mechanisms and processes to be used to ensure fair representation of all user groups, thereby minimizing conflicts; and
[PL 1987, c. 470, §2 (NEW).]
8.  Obtain optimal benefits.
Obtain optimal benefits from recreational and educational use of the resource, while recognizing the historic and current economic importance of the forest resource, including its management and commercial utilization.
[PL 1987, c. 470, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §996. Authority

§996. Authority
The commission may, to the extent permitted by the laws of the United States and Canada:   [PL 1987, c. 470, §2 (NEW).]
1.  Develop plan; cooperation with landowners.
Direct the development of the recreational and resource management plan in cooperation with landowners;
[PL 1987, c. 470, §2 (NEW).]
2.  Establish committees.
Establish working committees to conduct the planning and recommend the management strategies to the commission for the uses and resources of concern;
[PL 1987, c. 470, §2 (NEW).]
3.  Implement plans.
Seek to implement plans, through working agreements established among the line departments of the State, the Province of New Brunswick, where appropriate, and, to the extent possible, the United States Government, the Government of Canada and private landowners;
[PL 1987, c. 470, §2 (NEW).]
4.  Cooperate.
Cooperate with private entrepreneurs and landowners;
[PL 1987, c. 470, §2 (NEW).]
5.  Provide for involvement and education.
Provide a formal channel for public involvement and education on the planning and management efforts; and
[PL 1987, c. 470, §2 (NEW).]
6.  Encourage adherence to the plan.
Encourage that the area is managed according to the adopted plan, in cooperation with all interested parties, until the plan is modified or until enabling legislation is repealed by either the State or the Province of New Brunswick.
[PL 1987, c. 470, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §997. Powers

§997. Powers
The commission shall, subject to the applicable laws of the governments of the United States and Canada, have all the powers and capacity necessary or appropriate for the purpose of performing its functions, including, but not limited to, the following powers and capacity to:   [PL 1987, c. 470, §2 (NEW).]
1.  Contract.
Enter into contracts;
[PL 1987, c. 470, §2 (NEW).]
2.  Staff.
Appoint staff and fix the terms and conditions of their employment and remuneration;
[PL 1987, c. 470, §2 (NEW).]
3.  Executive director.
Appoint an executive director who shall serve as the principal staff to the commission and who shall be responsible for preparation of the commission's agendas, meeting minutes, the commission plan for management of the St. Croix International Waterway, public participation in the planning process, supervision of staff and other duties as the commission may specify;
[PL 1987, c. 470, §2 (NEW).]
4.  Property.
Acquire and dispose of personal and real property;
[PL 1987, c. 470, §2 (NEW).]
5.  Joint projects.
Cooperate or engage in joint projects with local municipalities or other authorities for the improvement, development or maintenance of property;
[PL 1987, c. 470, §2 (NEW).]
6.  Budget.
Prepare an annual budget that specifies the expenditures that the commission may make in the forthcoming fiscal year; and
[PL 1987, c. 470, §2 (NEW).]
7.  Funding.
Seek appropriations from the State and the Province of New Brunswick and accept funding from the Governments of the United States and Canada to carry out the purposes set out in sections 991 and 994 and to accept donations, bequests or devises intended for furthering the functions of the commission and to use those donations, bequests or devises as may be provided in the terms of the donations, bequests or devises.
[PL 1987, c. 470, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §999. Timetable for completion of commission plan

§999. Timetable for completion of commission plan
The commission shall develop a management plan for the St. Croix International Waterway within 18 months of the first meeting of the commission. The necessary management agreements to implement the plan shall be formulated and signed by the participating management agencies prior to commission approval of the plan and shall be considered part of the plan.   [PL 1987, c. 470, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §1000. First meeting of commission

§1000. First meeting of commission
The first meeting of the commission must be called by the Governor of the State and must be held in Calais, Maine. The Premier of the Province of New Brunswick has agreed, in the Memorandum of Understanding, to designate a person to serve as the temporary chair of the commission at its first meeting until the commission nominates from among its members and approves by consensus cochairs.   [RR 2021, c. 2, Pt. B, §266 (COR).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW). RR 2021, c. 2, Pt. B, §266 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §1001. Commission and working committee members, invitees and observers

§1001. Commission and working committee members, invitees and observers
Members of the commission and its various working committees may include, without limitation, representatives of federal, state and local governmental entities, state and local conservation groups, local commerce and industry, private citizens and landowners in the waterway area, local fish and wildlife groups and representatives of any other groups with legitimate interests in the management of the waterway.   [PL 1987, c. 470, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION › 38 §1002. Legislative review

§1002. Legislative review
The joint standing committee of the Legislature having jurisdiction on audit and program review shall review the commission on or before January 1, 1996, and present its recommendations for amendment or repeal of this chapter to the Legislature.   [PL 1987, c. 470, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 470, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 9: WHARVES AND FISH WEIRS › 38 §1021. Definitions

§1021. Definitions
The words "fish weir" mentioned in this chapter are defined to be a fixed structure erected and maintained during part of each fishing season in the tidewater, constructed of at least 25 spiling or stakes fastened together by binders, surrounded by brush, lath racks or netting, forming the catch pound into which fish are led or guided by one or more fixed leaders constructed of spiling or stakes not more than 20 feet apart and at least 100 feet long, fastened together by binders surrounded by lath racks, brush or netting and from which catch pound they cannot readily escape.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 9: WHARVES AND FISH WEIRS › 38 §1023. Expiration of license

§1023. Expiration of license
The license for the building or extension of a fish weir or trap issued under section 1022 or any right or privilege granted by the Legislature for the building or extension of any such fish weir or trap shall terminate and become void unless the weir or trap is built within one year from the date of the license or the granting of that right or privilege and maintained in good faith for the duration of the license.   [PL 1985, c. 97, §1 (RPR).]
The weir shall be considered to be maintained in good faith if the following conditions are met:   [PL 1985, c. 97, §1 (NEW).]
1.  Annual license fee; bond coverage.
The licensee shall pay an annual license fee and submit proof of the required bond coverage extending at least one year beyond the current license year;
[RR 2021, c. 2, Pt. B, §267 (COR).]
2.  Inspection and repair.
The licensee shall inspect and repair all stakes and brush of the weir structure so as to maintain it in condition to receive netting when fishing conditions warrant; and
[PL 1985, c. 97, §1 (NEW).]
3.  Report.
The licensee shall complete these actions by July 15th of each year and shall report that completion to the Commissioner of Marine Resources and to the municipality within 7 days of that date on forms provided by the commissioner.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §208 (AMD).]
Satisfaction of these conditions shall be necessary but not sufficient to retain the weir's protected fishing zone as provided by Title 12, section 6525‑A, subsections 1 and 5.   [PL 1985, c. 97, §1 (NEW).]
The Commissioner of Marine Resources shall, by December 31st each year, report to the municipality the name of the licensed owner and location of each weir and whether the weir was maintained in good faith in that year.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §209 (AMD).]
SECTION HISTORY
PL 1983, c. 731, §5 (AMD). PL 1985, c. 97, §1 (RPR). PL 1989, c. 890, §§A40,B208, 209 (AMD). RR 2021, c. 2, Pt. B, §267 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 9: WHARVES AND FISH WEIRS › 38 §1024. Waters between 2 towns

§1024. Waters between 2 towns
In any river or tidewater lying between 2 towns or cities, no such wharf or fish weir described in sections 1022 and 1023 shall be erected without the consent of the municipal officers of both. In no case shall any wharf be extended beyond any wharf lines heretofore legally established.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 9: WHARVES AND FISH WEIRS › 38 §1025. Recording of documents; compensation to officers

§1025. Recording of documents; compensation to officers
The application provided for in section 1022, with the notice and proceedings thereon and the license granted, must be recorded in the town and a copy provided to the Commissioner of Marine Resources by the applicant. Reasonable compensation must be paid by the applicant to the municipal officers for their services and expenses and to the clerk for recording, and if license is granted, $5 additional must be paid by the applicant to the town.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §210 (AMD).]
SECTION HISTORY
PL 1983, c. 731, §5 (AMD). PL 1989, c. 890, §§A40,B210 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 9: WHARVES AND FISH WEIRS › 38 §1026. Extension of herring weirs and wharves; shore owner's consent

§1026. Extension of herring weirs and wharves; shore owner's consent
No fish weir, trap or wharf shall be extended, erected or maintained except in accordance with this chapter. No fish weir, trap or wharf shall be erected or maintained in tidewaters below low-water mark in front of the shore or flats of another without the owner's consent, under a penalty of $50 for each offense, to be recovered in a civil action by the owner of said shore or flats. This chapter applies to all herring weirs and traps, but does not apply to other weirs or traps, the materials of which are chiefly removed annually, provided such weirs or traps do not obstruct navigation nor interfere with the rights of others. This section shall not affect any wharves so erected or maintained on the 21st day of April, 1901.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 9: WHARVES AND FISH WEIRS › 38 §1027. Exemptions

§1027. Exemptions
Weir fishing for alewives is exempt from the provisions of this chapter.   [PL 1985, c. 97, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 97, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1031. Short title

§1031. Short title
This chapter may be known and cited as "the Standard Sewer District Enabling Act."   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1032. Definitions

§1032. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 2013, c. 555, §6 (NEW).]
1.  Charter.
"Charter" means a private and special law or series of private and special laws that establishes a sewer district and defines its responsibilities and authorities.
[PL 2013, c. 555, §6 (NEW).]
2.  Rates.
"Rates" means a rate, toll, rent, assessment, supplemental charge or other lawful charge established by a sewer district pursuant to its charter.
[PL 2013, c. 555, §6 (NEW).]
3.  Sewer district.
"Sewer district" means a district, including a multipurpose district and standard district, created by a private and special law of the State whose purposes include collection, interception and treatment of sewerage. Except as otherwise provided in this chapter or other applicable law, "sewer district" does not include a district whose sewerage activities are confined to interception and treatment.
[PL 2013, c. 555, §6 (NEW).]
4.  Standard district.
"Standard district" means a sewer district that is formed and chartered by a private and special law in conformance with this chapter.
[PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1034. Exemption from taxation

§1034. Exemption from taxation
A standard district is a public municipal corporation within the meaning of Title 36, section 651 and the property of the district is exempt from taxation to the extent provided in that section.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1035. Legislative amendment of charters

§1035. Legislative amendment of charters
Prior to acting on a proposed sewer district charter amendment, the joint standing committee of the Legislature having jurisdiction over energy and utility matters shall request written comments from the municipalities that lie in whole or in part within the sewer district.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 2: GOVERNANCE › 38 §1037. Coordination with municipal planning; applicable to all sewer districts

§1037. Coordination with municipal planning; applicable to all sewer districts
The following provisions facilitate coordination of municipal planning and sewer extension planning.   [PL 2013, c. 555, §6 (NEW).]
1.  Growth management.
The trustees of a sewer district shall cooperate with municipal officials in the development of municipal growth management and other land use plans and ordinances.
[PL 2013, c. 555, §6 (NEW).]
2.  Development that affects the district.
Municipal officers shall cooperate with the trustees of a sewer district during the consideration of development applications that may affect the operations of the sewer district.
[PL 2013, c. 555, §6 (NEW).]
This section is deemed to be incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with this section is void, unless the sewer district's charter expressly references this section or former section 1252, subsection 9 and specifically provides that this section or former section 1252, subsection 9 does not apply.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 2: GOVERNANCE › 38 §1038. Reorganization as sanitary districts

§1038. Reorganization as sanitary districts
A sewer district existing on January 1, 2013 may, but is not required to, reorganize as a sanitary district under the Maine Sanitary District Enabling Act by referendum in accordance with section 1101, subsection 1‑A. The referendum may be initiated by the voters or by a majority of the trustees.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1039. Powers

§1039. Powers
Except as otherwise provided by law, for the purposes of its incorporation, a standard district may locate, construct and maintain pipes, drains, sewers, conduits, treatment plants, pumping stations and other necessary structures and equipment for the collection, interception and treatment of sewerage, commercial and industrial waste and storm and surface water for the health, welfare, comfort and convenience of the inhabitants of the standard district.   [PL 2013, c. 555, §6 (NEW).]
All incidental powers, rights and privileges necessary to accomplish the objectives of this chapter are granted to a standard district.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1040. Right of eminent domain; applicable to all sewer districts

§1040. Right of eminent domain; applicable to all sewer districts
The authority and procedures for the exercise of eminent domain by a sewer district must conform to sections 1152, 1152‑A, 1153 and 1154. In addition, a sewer district may not 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 of the public utility in the performance of a public duty, unless expressly authorized by a special Act of the Legislature.   [PL 2013, c. 555, §6 (NEW).]
This section is deemed to be incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with this section is void, unless the sewer district's charter expressly references this section or former section 1252, subsection 2 and specifically provides that this subsection or former section 1252, subsection 2 does not apply.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1041. Crossing other public utilities and railroad corporations

§1041. Crossing other public utilities and railroad corporations
If a standard district, in constructing, maintaining or replacing any of its facilities, must cross property of another public utility or railroad corporation, the standard district must obtain the consent of the other public utility or railroad corporation and undertake the work in accordance with conditions established by agreement. If, within 30 days after requesting consent, the standard district fails to reach an agreement with the public utility or railroad corporation the standard district may petition as follows.   [PL 2013, c. 555, §6 (NEW).]
1.  Public utility.
In the case of crossing property of a public utility, the standard district may petition the Public Utilities Commission to determine the time, place and manner of crossing. All work done on the property of the public utility must be done under the supervision and to the satisfaction of the public utility or as prescribed by the Public Utilities Commission.
[PL 2013, c. 555, §6 (NEW).]
2.  Railroad corporation.
In the case of crossing the property of a railroad corporation, the standard district may petition the Department of Transportation to determine the time, place and manner of crossing. All work done on the property of the railroad corporation must be done under the supervision and to the satisfaction of the railroad corporation or as prescribed by the Department of Transportation.
[PL 2013, c. 555, §6 (NEW).]
All work under this section must be done at the expense of the standard district.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1043. Conditions for carrying out work

§1043. Conditions for carrying out work
When a standard district enters, digs up or excavates any public way or other land to lay or maintain its sewers, drains or pipes, constructing manholes or catch basins or other appurtenances or for any other purpose, the work must be done expeditiously. On completion of the work the standard district shall restore the public way or land to its condition prior to such work or to a condition equally good. If the work is being undertaken in a municipality and could potentially endanger travel on a public way, the municipal officers of the municipality in which the work is being done may order a temporary closing of the public way and of any intersecting way. Upon request of the standard district, the public way must remain closed to public travel until the municipal officers of the unit of local government determines the public way is restored to a condition safe for traffic. If the work is being undertaken in an unorganized territory and could potentially endanger travel on a public way, the commissioners of the county where the public way is located may order a temporary closing of the public way and of any intersecting way. Upon request of the standard district, the public way must remain closed to public travel until the county commissioners determine the public way is restored to a condition safe for traffic.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1044. Contracts

§1044. Contracts
A standard district, through its trustees, in order to carry out the purposes of its incorporation, may contract with a person, standard district, utility or corporation or with a municipality, the State or other governmental entity whether located inside or outside the boundaries of the standard district.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1045. Lease of property; applicable to all sewer districts

§1045. Lease of property; applicable to all sewer districts
A sewer 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.   [PL 2013, c. 555, §6 (NEW).]
This section is deemed to be incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with this section is void, unless the sewer district's charter expressly references this section or former section 1252, subsection 10 and specifically provides that this subsection or former section 1252, subsection 10 does not apply.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1047. Inspection of sewers

§1047. Inspection of sewers
The officers or agents of a standard district have free access to all premises served by the standard district's 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 prescribed by the trustees of the standard district.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 4: RATES AND FEES › 38 §1049. Waiver of sewer district lien foreclosure

§1049. Waiver of sewer district lien foreclosure
A sewer district, including but not limited to a qualified sewer district subject to section 1050, may use the following provisions to waive a lien foreclosure.   [PL 2013, c. 555, §6 (NEW).]
1.  Waiver.
The treasurer of a sewer district, including a qualified sewer district, when authorized by the trustees of the sewer district, may waive the foreclosure of a sewer district lien mortgage created pursuant to the sewer district's charter by recording in the registry of deeds a waiver of foreclosure before the period for the right of redemption from the lien mortgage has expired. The lien mortgage remains in full effect after the recording of a waiver. Other methods established by law for the collection of any unpaid rate are not affected by the filing of a waiver under this section.
[PL 2013, c. 555, §6 (NEW).]
2.  Form.
The waiver of foreclosure under subsection 1 must be substantially in the following form.
The foreclosure of the sewer lien mortgage on real estate for charges against........................(NAME) to................(NAME OF SEWER 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 sewer district and notarized. A copy of the form must be provided to the party named on the lien mortgage and each record holder of a mortgage on the real estate.
[PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 4: RATES AND FEES › 38 §1051. Landlord access to tenant bill payment information; applicable to all sewer districts

§1051. Landlord access to tenant bill payment information; applicable to all sewer districts
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 sewer 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 2013, c. 555, §6 (NEW).]
This section is deemed to be incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with this section is void, unless the sewer district's charter expressly references this section or former section 1252, subsection 11 and specifically provides that this subsection or former section 1252, subsection 11 does not apply.   [PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 5: BONDS, INVESTMENT AND DEBT LIMIT › 38 §1053. Debt limit; approval by voters of a standard district

§1053. Debt limit; approval by voters of a standard district
1.  Debt limit proposed.
Prior to issuing on behalf of a standard district any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance, the trustees shall propose a debt limit for the standard district that the trustees must submit for approval in a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections in Title 30‑A, chapter 121, except the standard district's registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the standard district if the usual voting place for persons located in the standard district is located outside the territory of the standard district. For the purpose of registering voters, the registrar of voters must be in session on the regular workday preceding the election. The question presented must be in substantially the following form:
"Do you favor establishing the debt limit of the (insert name of standard district) at (insert amount)?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.
[PL 2013, c. 555, §6 (NEW).]
2.  Results declared.
The results of the referendum held under subsection 1 must be declared by the trustees and entered upon the standard district's records. Due certificate of the results must be filed by the clerk with the Secretary of State.
[PL 2013, c. 555, §6 (NEW).]
3.  Effective date.
A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the standard district voting at the referendum. Failure of approval by the majority of voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The costs of referenda are borne by the standard district.
[PL 2013, c. 555, §6 (NEW).]
4.  Total debt.
Trustees may not issue any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance unless the total amount of the debt issued by the trustees is no more than the amount approved by referendum under this section.
[PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 10: STANDARD SEWER DISTRICT ENABLING ACT › Subchapter 5: BONDS, INVESTMENT AND DEBT LIMIT › 38 §1054. Authority to increase debt limits; sewer districts

§1054. Authority to increase debt limits; sewer districts
1.  Debt limit.
Notwithstanding any provision of a sewer district's charter to the contrary, a sewer district may increase its debt limit by referendum in accordance with this section. A sewer district is not required to use the procedure provided by this section and may seek to increase its debt limit by any other lawful means, including pursuant to any other means described in the sewer district's charter or by seeking legislative amendment to its charter.
[PL 2013, c. 555, §6 (NEW).]
2.  Referendum.
If a sewer district chooses to increase its debt limit pursuant to this section, the governing body of the sewer district shall propose a new debt limit and submit the proposal for approval at a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections in Title 30‑A, chapter 121, except the registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the sewer district if the usual voting place for persons located within the sewer district is located outside the territory of the sewer district. For the purpose of registering voters, the registrar of voters must be in session on the regular work day preceding the election. The question presented must conform to the following:
"Do you favor changing the debt limit of the (insert name of sewer district) from (insert current debt limit) to (insert proposed debt limit)?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.
The results must be declared by the governing body of the sewer district and entered upon the sewer district's records. Due certificate of results must be filed by the clerk with the Secretary of State.
[PL 2013, c. 555, §6 (NEW).]
3.  Approval.
A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the sewer district voting at the referendum. Failure of approval by the majority of legal voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The cost of referenda are borne by the sewer district.
[PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 38 §1061. Short title

§1061. Short title
This chapter shall be known and may be cited as the Maine Sanitary District Enabling Act.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 38 §1062. Declaration of policy

§1062. Declaration of policy
It is declared to be the policy of the State to encourage the development of sanitary districts consisting of:   [PL 1971, c. 400, §1 (RPR).]
1.  Municipality.
A municipality;
[PL 1971, c. 400, §1 (RPR).]
2.  Municipalities.
Two or more municipalities;
[PL 1971, c. 400, §1 (RPR).]
3.  -- sections.
A section or sections of sufficient size of a municipality or 2 or more municipalities;
[PL 1971, c. 400, §1 (RPR).]
4.  Unorganized territory.
A sufficient number of persons residing in unorganized territory; or
[PL 1971, c. 400, §1 (RPR).]
5.  Combination.
Any combination of the foregoing, so that said districts may economically construct and operate sewage systems so as to assist in the abatement of the pollution of public streams, lakes and inland and ocean waters and enhance the public health, safety and welfare of the citizens of the State.
[PL 1971, c. 400, §1 (RPR).]
A sanitary district may only be formed where the Board of Environmental Protection finds that there is a need throughout a part or all of the territory embraced within the proposed district for the accomplishment of the purpose of providing an adequate, efficient system and means of collecting, conveying, pumping, treating and disposing of domestic sewage and industrial wastes within the proposed district and that such purposes can be effectively accomplished therein on an equitable basis by a sanitary district if created and that the creation and maintenance of such a district will be administratively feasible and in furtherance of the public health, safety and welfare.   [PL 1981, c. 466, §1 (AMD).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1967, c. 524, §1 (AMD). PL 1969, c. 431, §9 (AMD). PL 1971, c. 400, §1 (RPR). PL 1971, c. 618, §12 (AMD). PL 1981, c. 466, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 38 §1063. Purpose

§1063. Purpose
The purpose of each sanitary district formed under this chapter shall be to construct, maintain, operate and provide a system of sewerage, sewage and commercial and industrial waste disposal and sewage treatment and of storm and surface water drainage, for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 38 §1064. Exemption from taxation

§1064. Exemption from taxation
The property, both real and personal, rights and franchises of any sanitary district formed under this chapter shall be forever exempt from taxation.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 38 §1065. Powers exercised according to general laws (REPEALED)

§1065. Powers exercised according to general laws
(REPEALED)
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1975, c. 461, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 38 §1066. Provisions supplemental to other law

§1066. Provisions supplemental to other law
This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 38 §1067. Reimbursement of costs to municipalities

§1067. Reimbursement of costs to municipalities
Any municipality or municipalities which fall within a sanitary district formed under this Act shall be entitled to reimbursement from said sanitary district when the sanitary district is in a position to reimburse said costs. The term "costs" as used in this section shall include but shall not be limited to the following cost of preparation of an engineering study or studies; legal costs with relation to the application and presentation of any application for the formation of a sanitary district; other engineering costs that may not be included in a study; costs for financial advice; administrative expense and such other expense as may be necessary or incident to the action of any municipality under this Act.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 38 §1068. Lease of property by sanitary district

§1068. Lease of property by sanitary district
Nothing in this chapter is intended to limit the authority of a sanitary district to enter into a lease and leaseback transaction with respect to some or all of its real or personal property, other than land, and to take all other action necessary or desirable, including, but not limited to, the granting of mortgages and liens, to effectuate the transaction. For purposes of this section, "lease" includes a lease of any length, including leases that may be defined as sales for income tax purposes.   [PL 2003, c. 267, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 267, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 2: ORGANIZATION › 38 §1101-A. Fees

§1101-A. Fees
The commissioner may establish reasonable application fees for processing applications for the formation of districts under this chapter or chapter 11‑A. The commissioner shall place these fees into a nonlapsing dedicated revenue account, and funds from the account may be used by the department or the board only to pay costs associated with processing applications for the formation of districts under this chapter or chapter 11‑A.   [PL 2005, c. 556, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 556, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 2: ORGANIZATION › 38 §1102. Approval and organization

§1102. Approval and organization
When the residents of the municipality, or each municipality, where more than one is involved, or of the unorganized territory within the proposed sanitary district, have voted upon the formation of a proposed sanitary district and all of the other questions submitted therewith, the clerk of each of the municipalities, and, where the proposed district includes unorganized territory, the county clerk, shall make a return to the Commissioner of Environmental Protection in such form as the commissioner shall determine. If the commissioner finds from the returns that a majority of the residents within each of the municipalities involved, and, where the proposed district includes unorganized territory, that a majority of the residents of the unorganized territory within the proposed sanitary district, voting on each of the articles and questions submitted to them, have voted in the affirmative, and they have elected the necessary trustees and the names thereof to represent each municipality, or the residents of the unorganized territory within the proposed sanitary district, and that all other steps in the formation of the proposed sanitary district are in order and in conformity with law, the commissioner shall make a finding to that effect and record the same upon the department's records. The commissioner shall, immediately after making these findings, issue a certificate of organization in the name of the sanitary district in such form as the commission shall determine. The original certificate must be delivered to the trustees on the day that they are directed to organize and a copy of the certificate duly attested by the commissioner must be filed and recorded in the Office of the Secretary of State. The issuance of a certificate by the commissioner is conclusive evidence of the lawful organization of the sanitary district. The sanitary district is not operative until the date set by the commissioner under section 1106.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §213 (AMD).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1967, c. 524, §3 (AMD). PL 1969, c. 431, §9 (AMD). PL 1971, c. 400, §3 (RPR). PL 1971, c. 618, §12 (AMD). PL 1973, c. 537, §43 (AMD). PL 1989, c. 890, §§A40,B213 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 2: ORGANIZATION › 38 §1103. Transfer of property and assets

§1103. Transfer of property and assets
When the territory of a municipality falls within a sanitary district which has been issued its certificate of organization and has assumed the management and control of the operation of the sewage facilities within its territorial limits, the trustees of said sanitary district shall determine what sewer property or properties including treatment plants owned by any municipality within said sanitary district shall be necessary to carry on the functions of the sanitary district and shall request in writing that the municipal officers of any municipality within said sanitary district convey the title to such sewer property to such sanitary district and said municipal officers shall make such conveyance without payment of consideration.   [PL 1965, c. 310 (NEW).]
SECTION HISTORY
PL 1965, c. 310 (NEW).