AN ACT RELATIVE TO THE WATER AND SEWER COMMISSION OF THE TOWN OF MATTAPOISETT.
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. Section 10 of chapter 220 of the acts of 1912 is hereby
amended by striking out, in line 7, the word "meeting" and inserting in place
thereof the following word:- election.
SECTION 2. The board of water commissioners of the town of
Mattapoisett, established by section 10 of chapter 220 of the acts of 1912,
shall act as the sewer commissioners of the town and shall have all the powers
and duties of sewer commissioners under the General Laws.
SECTION 3. Notwithstanding any general or special law to the contrary
including other sections of this act, the sewer commissioners of the town of
Mattapoisett shall not grant an application to connect land to the town's
municipal sewerage system unless there is at the time of the application
available unused sewerage capacity in the municipal sewer system. For purposes
of this section, "available unused sewerage capacity", shall mean the daily
capacity available to the town under permit or municipal agreement, less: (1)
the sum of existing daily usage by the town; and (2) the projected daily usage,
calculated by the commissioners, that will result from completion of all pending
municipal sewer projects, as to which funds have been appropriated at a special
or annual town meeting for design or construction. In determining the daily
usage expected to result from pending projects, the sewer commissioners may
employ reasonable assumptions about the rate at which existing or potential
users will connect to the municipal system after completion of those projects,
and shall take into account only demand that is foreseeable within 20 years of
the date of the calculation.
The sewer commissioners of the town shall determine and report publicly each
year the available unused capacity for the system, not less than 30 days before
the beginning of each fiscal year. In addition, the sewer commissioners shall
make a determination of effective capacity within 30 days of the effective date
of this act, and shall not approve any connections to the municipal sewerage
system until a determination is made under this section.
SECTION 4. All votes and actions taken by the board of water
commissioners acting as the board of sewer commissioners before the effective
date of this act are hereby ratified, validated and confirmed in all respect as
though this act had been in full force and effect at the time of taking the
votes and actions.
SECTION 5. This act shall take effect upon its passage.