AN ACT RELATIVE TO THE SOUTH ESSEX SEWERAGE DISTRICT.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
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.
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 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.
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.