Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The second paragraph of section 2 of chapter 339 of the acts of 1925, as appearing in section 3 of chapter 643 of the acts of 1972, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

The director of public services of the city of Salem, the director of public services of the city of Peabody and the commissioner of public works of the city of Beverly shall be members of said board.

SECTION 2. The third paragraph of said section 2 of said chapter 339, as so appearing, is hereby amended by adding the following two sentences:- In the event of the incapacity of an appointed member of said board other than the chairman, the mayor of the city represented by such member of the board, committee or officer having charge of sewerage in the town represented by such member, as the case may be, shall appoint an interim member to serve for the duration of such incapacity, and the chairman shall be notified in writing of such appointment. Said interim member shall represent his respective city or town as a member of the board, with full powers, including the right to vote, and shall receive the rate of compensation paid to the appointed member for the period served, provided that any compensation paid to the interim member shall be deducted from the annual compensation of said regular member.

SECTION 3. Section 14 of said chapter 339, as amended by section 2 of chapter 384 of the acts of 1935, is hereby further amended by adding the following paragraph:-

The board may make reasonable charges for any permits it may issue pursuant to regulations adopted under this section and may issue orders to users directing compliance with the terms of such permits and regulations. The board may take action to enjoin any violation of the regulations adopted under this section or of any permits or orders issued thereunder. Whoever violates any provision of this section, any regulation, order or permit issued hereunder or who knowingly makes any false representation in an application, record, report or plan, or falsifies, tampers with or renders inaccurate a monitoring device or method required by any regulation, order or permit issued hereunder (a) shall be punished by a fine of not less than one thousand nor more than ten thousand dollars for each day such violation continues or by imprisonment for not more than one year, or both; or (b) shall be subject to a civil penalty not to exceed ten thousand dollars per day of such violation which may be assessed in an action brought on behalf of the board in a court having jurisdiction as provided by this chapter.

SECTION 4. Said chapter 339 is hereby further amended by striking out section 20, as amended by section 3 of said chapter 384, and inserting in place thereof the following section:-

Section 20. The superior court shall have jurisdiction over all matters arising under the provisions of this chapter except for those matters herein reserved to the supreme judicial court.

The supreme judicial court shall fix and determine the compensation of all commissioners appointed by it under the provisions of section nineteen, which compensation shall be paid in the first instance by said district and shall be added to the cost of maintenance and operation of said sewers and other works for the year in which it is paid. Said court may, in its discretion, award costs against the losing party.