Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 3 of chapter 339 of the acts of 1925 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Said board shall make a report each year of its doings for the preceding year and shall submit a copy of each such report to the governor, the county commissioners of Essex county, the mayor of the city of Salem, the mayor of the city of Beverly, the mayor of the city of Peabody, the chairman of the board of selectmen of the town of Danvers and the chairman of the board of selectmen of the town of Marblehead.
SECTION 2. The third paragraph of section 14 of said chapter 339 is hereby amended by striking out the last sentence.
SECTION 3. Said section 14 of said chapter 339 is hereby further amended by inserting after the third paragraph the following two paragraphs:-
Said board shall from time to time prescribe regulations to carry out the purposes and provisions of this act and of any general or special law pertaining to the district including, without limiting the generality of the foregoing, regulations governing:
(a) the character or quantity of any sewage, drainage or other substances discharged into the sewerage system under its control or any sewer tributary thereto;
(b) the proper operation of the sewerage system;
(c) the construction, alteration and use of all connections to the sewerage system;
(d) the establishment of reasonable fees for the disposal of septage, issuance of permits or other purposes provided by this act;
(e) administrative procedures for the enforcement by the board of the provisions of any such regulations including, without limiting the generality of the foregoing, procedures for the assessment and collection by the board of the civil penalties provided hereunder.
Prior to promulgation by the board, such regulations shall first be approved by the division of water pollution control.
SECTION 4. The fourth paragraph of said section 14 of said chapter 339, added by section 3 of chapter 170 of the acts of 1985, is hereby amended by striking out the third sentence and inserting in place thereof the following four sentences:- Whoever violates any provision of this section, any regulation, order or permit issued pursuant to this act shall be subject to a civil penalty not to exceed ten thousand dollars per day for each day such violation continues and shall be liable for all costs and damages incurred by the district as a result of such violation. Such penalty may be assessed by the board pursuant to administrative proceedings, in which case the party so assessed shall have the right to appeal the board's decision to a court having jurisdiction as provided by this act; provided, however, that nothing hereunder shall prevent said board from proceeding directly to court to enforce any such regulation, order or permit. Whoever knowingly violates any regulation, order or permit issued pursuant to this act or 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 pursuant to this act, or who without lawful authority injures, destroys or interferes with any property held or used by the district for the purpose of constructing, operating or maintaining the sewerage system shall be punished by a criminal fine of not less than one thousand dollars nor more than ten thousand dollars per day for each day such violation continues and shall be liable for all costs and damages incurred by the district as a result thereof or by imprisonment for not more than one year, or by both such fine and imprisonment. All such fines, penalties and charges established by or under authority of this act shall be collected for the account of and paid over to the district.
SECTION 5. This act shall take effect upon its passage.