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Session Law

2004

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Chapter 381 AN ACT AUTHORIZING BARNSTABLE COUNTY TO ADMINISTER THE REPAIR, REPLACEMENT AND UPGRADE OF SEPTIC SYSTEMS.

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. Upon the request of any town within Barnstable county, the county commissioners of the county may assume and exercise any of the powers of the town and the town's board of health, under section 127B 1/2 of chapter 111 of the General Laws for the purpose of entering into agreements with owners of structures for human habitation for the repair, replacement or upgrade of septic systems required under the state environmental code pursuant to section 13 of chapter 21A of the General Laws.

SECTION 2. Any costs incurred by Barnstable county under this act may be funded by an appropriation or by borrowing from the water pollution abatement trust established in chapter 29C of the General Laws. For such purposes, the treasurer of the county, with the approval of the county commissioners and with authorization by the assembly of delegates, may issue bonds or notes of the county to the water pollution abatement trust, which shall bear on their face the words, Community Septic Management Program Loan, Act of 2001. Each authorized issue shall constitute a separate loan and such loans shall be payable not more than 20 years from their dates of issuance. The bonds or notes shall be signed by the county treasurer and countersigned by a majority of the county commissioners and otherwise shall be issued in such form and upon such terms and conditions, not inconsistent with the act, as the county and the water pollution abatement trust shall agree in accordance with said chapter 29C. Sections 37A, 37B and 38 of chapter 35 of the General Laws shall not apply to the issuance of bonds or notes under this section.

SECTION 3. Barnstable county shall constitute a regional government unit under chapter 29C of the General Laws for the purposes authorized by this act; provided, however, that only towns which have requested the county to perform the services provided in this act shall be deemed to be the service recipients of the county under said chapter 29C, and maturing principal and interest on indebtedness incurred by the county under this act shall be appropriated and assessed only upon those towns. Any appropriation by the county or by a town for the purposes of this act shall not be included for the purpose of computation of the assessment or levy limits otherwise imposed upon the county or town by the General Laws.

SECTION 4. Notwithstanding section 127B of chapter 111 of the General Laws and section 13 of chapter 80 of the General Laws to the contrary, any betterment agreement made by Barnstable county with owners of structures for human habitation for the repair, replacement or upgrade of septic systems under said section 127B may be without interest.

SECTION 5. This act shall take effect upon its passage.

Approved October 22, 2004.

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