A.
The Board of Sewer Commissioners may appoint from time to time a
Superintendent of Sewers who may also serve in another capacity within
the Town. The Superintendent shall have the day-to-day management
authority over the Sewer System and, as provided in MGL c. 83, the
authority to enter into contracts or to assist in the development,
operation and administration of the Sewer System and to extend aid
to the Sewer System ratepayers subject to the terms of this chapter
or the regulations adopted hereunder.
B.
The Superintendent shall submit annually to the Board of Sewer Commissioners
for its approval a summary of revenue and expense estimates for the
ensuing fiscal year in accordance with MGL c. 44, § 53F
1/2 "Enterprise Funds" for Board of Sewer Commissioners review and
approval and recommendation for budget approval at Town Meeting.
C.
The Board of Sewer Commissioners shall determine the operating budget,
user fees, and annual appropriation request, if any, for the Sewer
System. Prior to submitting its annual appropriation request, if any,
the Board of Sewer Commissioners shall determine its schedule of user
fees.
(1)
User fees shall be set so as to generally reflect the costs of administering
the day-to-day Sewer System operation and the processing of the content
of the waste stream, and may include a schedule of fees based on user
categories.
(2)
Such fees, prior to their effective date, shall be the subject of
a public hearing, notice of which has been filed with the Town Clerk
for posting at the Town Hall and the Public Works Facility, and advertised
in a local newspaper at least 14 days beforehand and again at least
seven days prior the hearing. Written notice of the public hearing
shall be sent first class mail (USPS) to the responsible party of
each parcel within the Sewer System service area, as determined by
the Town Collector's sewer billing records, not less than 14
days prior to the hearing. In the event that a public hearing on user
fees is held prior to the creation of billing records, written notice
of the public hearing shall be sent first class mail (USPS) to the
owner of record of each parcel within the service area, as determined
by the Board of Assessors current records.
D.
The Board of Sewer Commissioners shall determine and assess betterments
in accordance with the provisions of Chapters 80 and 83 of the Massachusetts
General Laws, or any other enabling authority. For the payment of
the estimated and/or final capital costs attributable to the initial
construction of each Sewer System service area, such betterments for
the special benefit facilities in said Sewer System service area shall
not, in the aggregate, exceed 50% of the capital costs of such System,
and the balance of any such capital costs shall be raised through
the appropriation of other available funds of the Town. Pursuant to
MGL Chapter 83 Section 15, the costs of Sewer System general benefit
facilities including, but not limited to wastewater treatment facilities,
disposal sites, and facilities, pumping stations, trunk mains, and
force mains, shall be separated from the costs of special benefit
facilities including, but not limited to the mains serving adjacent
properties. Such separation of general and special benefit facilities
will allow the Board of Sewer Commissioners to apply the pro rata
share of the general benefit facilities to the initial phase and each
succeeding phase of Sewer System construction within the District
when calculating the applicable betterments.
E.
The Board of Sewer Commissioners may from time-to-time create, issue
and amend Sewer Use Regulations[1] to fulfill the purpose of this chapter, as provided in
MGL c. 83, § 10. Such Sewer Use Regulations or amendment
thereto, prior to their effective date, shall be the subject of a
public hearing, notice of which has been filed with the Town Clerk
for posting at the Town Hall and the Public Works Facility, and advertised
at least 14 days prior to the hearing and again at least seven days
prior to the hearing in a newspaper published in the Town, if there
is any, and if not, then in a newspaper published in the county, and
shall include a notice that said Regulations shall be available for
inspection by the public.
