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The 190th General Court of the Commonwealth of Massachusetts


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. The town of Foxborough through its board of water and sewer commissioners established in section 3 of chapter 46 of the acts of 1986 may lay out, construct, maintain and operate, a sewerage system for a part or all of its territory, as may be from time to time defined and established by adoption by town meeting of 1 by-law as 1 or more designated sewer districts with such capacity limitations, connections, pumping stations, treatment plants and other works, as may be allocated in such by-laws to such sewer districts in the town of Foxborough as required for a system of wastewater collection, conveyance, treatment or disposal facilities and such connections and other works as may be required for a sewerage system, in accordance with plans made for and accepted and adopted by the town. No other sewers shall be constructed on any public roads or ways of the town of Foxborough which are not within a designated sewer district and which are not under the control of the town through its board of water and sewer commissioners; provided, however, that this provision may be waived by vote of the board of water and sewer commissioners. The board of water and sewer commissioners shall have all of the rights and powers granted to it under said section 3 of said chapter 46 of the General Laws that are not in conflict with this act.

SECTION 2. The care and superintendence of the operation and maintenance of the sewerage system and all facilities subsequently built shall be placed under the supervision of the board of water and sewer commissioners who shall have and exercise all the powers, privileges and authority given to water and sewer commissioners under chapter 40N of the General Laws. The board of water and sewer commissioners may establish rules and regulations pursuant to said chapter 40N for the connecting of estates and buildings with those facilities and for the selection of materials to be used in those connections and for the inspection of the construction, maintenance, alteration and use of all such connections entering into its sewers, and may impose penalties, not exceeding $300, for each violation of any rule or regulation promulgated by the board. No such rules or regulation shall take effect until it has been published at least once a week for 4 successive weeks in a newspaper published in said town. Once such rules and regulations take effect all owners of estates and buildings within the territory covered by the sewer districts, subject to capacity and subject to such rules and regulations, may connect to the sewerage system; provided however such owners shall, at their own expense, construct such proper connections between such estates and buildings, and the town’s sewerage system as shall take proper care of all such sewage and waste as may be produced upon their premises, in such manner as shall meet the approval of the board of water and sewer commissioners of the town and shall maintain the connections in proper working order and condition, under the supervision and to the satisfaction of the board.

SECTION 3. Notwithstanding any general or special provision of law to the contrary, owners of land not within the sewer districts defined and established pursuant to section 1 shall not be permitted to connect to the town’s sewerage system except as authorized in this act. The territory covered by the sewer districts may be amended from time to time by the town through its board of water and sewer commissioners after a public hearing conducted to consider such amendments, upon approval of the department of environmental protection if otherwise required by law and upon enactment by town meeting of by-laws defining or establishing any new or expanded sewer districts. If the board votes not to amend the territory of a sewer district, the amendment may be enacted in a form of a by-law upon a two-thirds vote of town meeting. Any by-law adopted pursuant to this act may include authorization for the board of water and sewer commissioners to add to the sewer districts without the necessity of a town meeting vote, properties located within “needs areas” as defined by Foxborough’s Comprehensive Wastewater Management Plan, April 2001 (CWSRF#584), or any equivalent successor revision or amendment thereto as may be approved by the board and the department of environmental protection.

SECTION 4. Notwithstanding any general or special law to the contrary, the town through its board of water and sewer commissioners may at any time permit extensions, new connections or increases in flow to the sewerage system, subject to capacity, to serve municipal buildings or public restrooms or other public service uses as defined by the town; provided, however, that such uses may include, but shall not be limited to, affordable housing constructed pursuant to chapters 40B and 40R of the General Laws, without thereby creating any entitlement on the part of any person to connect to such sewer system, and subject to capacity, in order of application, may permit or if in the public interest, may require, extensions, new connections or new flow to the sewerage system within the sewer districts.

SECTION 5. Chapter 46 of the acts of 1986, chapter 144 of the acts of 1985, chapter 346 of the acts of 1989 and the General Laws, insofar they do not conflict with this act shall apply to the town of Foxborough in carrying out this act.

SECTION 6. This act shall take effect upon its passage.

Approved, October 18, 2010.