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  • Acts
  • 2004
  • Chapter 411 AN ACT AUTHORIZING THE ROCKLAND SEWER COMMISSION TO ENTER INTO A CONTRACT FOR THE DISPOSAL OF SEWAGE AND THE ABINGTON/ROCKLAND JOINT WATER WORKS TO ENTER INTO A CONTRACT FOR THE SUPPLY OF WATER.

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. Notwithstanding chapter 338 of the acts of 1913 or any other general or special law to the contrary, the Rockland sewer commission may enter into an agreement for the disposal of sewage emanating from a certain parcel of land in the town of Hingham, located off Commerce road in the town of Rockland, as identified as Lot "B" on a plan entitled "Definitive Subdivision Plan Commerce Road Extension" in Rockland and Hingham, Massachusetts (Plymouth County), dated April 2, 2004 and recorded with the Plymouth county registry of deeds as Plan Nos. 670 and 726 of 2004 in Plan Book 48, Page 695, in this act called the property.

SECTION 2. In accordance with chapter 206 of the acts of 1885, and section 38 of chapter 40 of the General Laws, and notwithstanding any other general or special law to the contrary, the Abington/Rockland joint water works may enter into a contract to supply all or a portion of the water necessary and convenient for the operation and maintenance of the property.

SECTION 3. The agreements authorized by sections 1 and 2 may allow for the use of the system of sewer mains, pump stations, treatment works, water pipes, aqueducts and other related structures and facilities, or any portion thereof, belonging to the town of Rockland. The agreements for sewer and water may be entered into at such times and on such terms and conditions as stated in this act or as the Rockland sewer commission and the Abington/Rockland joint water works, respectively, determine to be in the best interests of the town.

SECTION 4. The owner of the property shall pay its proportionate share of the costs, charges, and fees arising from or incidental to the owner's use of the mains, pump stations, treatment works, water pipes, aqueducts and other related structures, facilities and services provided by the town of Rockland, including:-

(a) all planning, engineering, procurement, construction costs, and fees for the design, redesign or upgrading of the mains, pump stations, treatment works, water pipes, aqueducts and other related structures, facilities and services of the Rockland sewer and water systems that may be necessary to carry sewage flow from the property and water flow to the property;

(b) all planning, engineering, procurement and facilities of any kind for the design and construction of the particular drains, mains, and pipes laid from the property to the mains in the town;

(c) obtaining all easements or other rights in land and all necessary permits and approvals required for the laying of the drains, mains and pipes to transport waste water from the property to the mains of the sewer system and fresh water to the property from the mains of the water system, and maintaining the same for the term of the connection agreements;

(d) all legal, engineering or other costs and fees incurred by the Rockland sewer commission or the Abington/Rockland joint water works or the town in connection with or arising out of the preparation of the agreements, including the negotiation thereof, and for the preparation for and operation of the connection from the property to the sewer and water systems;

(e) all periodic user fees for the operation of the connection and treatment of sewage and the operation of the connection and supply of water provided pursuant to the agreements contemplated in this act, as determined from time to time by the Rockland sewer commission and the Abington/Rockland joint water works, respectively.

SECTION 5. Any agreements or contracts entered into by the Rockland sewer commission or the Abington/Rockland joint water works after January 1, 2004, but before the effective date of this act, are hereby validated, ratified and confirmed. All future agreements entered into in accordance with this act shall be subject to final approval by the boards of selectmen of the towns of Rockland and Hingham.

Approved December 1, 2004.