38 M.R.S. § 1163 Sewer Extensions

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 38 M.R.S. § 1163

1.Assurance. A sanitary district may not construct any sewer extension unless it acquires from the municipal officers or the designee of the municipal officers of any municipality through which the sewer extension will pass written assurance that:

A. Any development, lot or unit intended to be served by the sewer extension is in conformity with any adopted municipal plans and ordinances regulating land use; and [ 1995, c. 636, § 1 (RPR) .]

B. The sewer extension is consistent with adopted municipal plans and ordinances regulating land use. [ 1995, c. 636, § 1 (RPR) .]

If the municipal officers fail to issue a response to a written request from a district for written assurance within 45 calendar days of receiving the request in writing, the written assurance is deemed granted.

Not less than 7 days prior to the meeting at which the trustees will take final action on whether to proceed with the extension, the trustees of the district shall publish notice of the proposed extension in a newspaper having a general circulation that includes all municipalities through which the sewer extension will pass.

[ 1995, c. 636, § 1 (RPR) .]

2. Appeal. For an intermunicipal sewer extension, when written assurance is denied by municipal officers pursuant to subsection 1, an aggrieved party may appeal, within 15 days of the decision, to the Department of Conservation for a review of the municipal officers' decision. Notwithstanding Title 5, chapter 375, subchapter 4, the following procedures apply to the review by the Department of Conservation.

A. The Department of Conservation may request any additional information from the sanitary district, the municipality or the department. All information requested by the Department of Conservation must be submitted within 30 days of the request, unless an extension is granted by the Department of Conservation.