Town of Swansea, MA Article XI Sewer Commission

[Adopted 10-24-2022 STM by Art. 12]

§ 7-35 Establishment; membership and terms.

There is hereby established in the Town of Swansea a Sewer Commission, which shall be an elected body consisting of three members. The initial members thereof shall be elected as follows: the member who receives the third highest vote total shall serve for one year, the member who receives the second highest vote total shall serve for two years and the member who receives the highest vote total shall serve for three years. Thereafter, members of the Sewer Commission shall be elected to terms of three years each, with the term of one member expiring in each year. The members of the Commission shall, after each election, elect one of their members to act as chairperson of the Commission for the ensuing year. No member of the Commission shall hold any other elected Town Office.

§ 7-36 Powers and duties.

The Sewer Commission shall have the power and duty to design, construct, maintain, operate, repair and improve public sewer infrastructure; to implement and oversee the sewer connection permitting process, the use of the public sewer infrastructure by the public, and the billing and payment process for such usage; and to undertake inspections and compliance oversight to prevent misuse of the public sewer infrastructure; and shall have such other powers and duties that are provided by law for sewer commissions and sewer commissioners, including, without limitation, under MGL c. 41, § 65, and c. 83.

§ 7-37 Plans and records.

In accordance with MGL c. 83, § 2, it is hereby determined that all plans and records relating to drains and sewers, and the associated charges and assessments therefor, shall be held in the office of the Sewer Commission.

§ 7-38 Regulations.

The Sewer Commission may make such regulations as it deems to be prudent for effectuating, enforcing and implementing its powers and duties as provided in this Article XI, and for such other purposes as are provided by statute, including without limitation, MGL c. 83, § 10.

§ 7-39 Monopoly of authority.

Any sewer line or drain that is laid within any public or private way that is open for public travel, or that is intended for public travel upon completion of said way, shall be a common sewer. No such common sewer may be connected to the existing public sewer infrastructure of the Town without the authorization of the Sewer Commission.

§ 7-40 Enforcement.

Each violation of either this Article XI or the regulations of the Sewer Commission shall be punishable by a fine of $300. All such fines shall be subject to the noncriminal disposition method, and shall be enforceable by the Sewer Commission, its agents and any police officer. Each day of a continuing violation shall be a separate offense. Nothing herein shall preclude the Sewer Commission from seeking judicial relief, pursuant to MGL c. 83. Nothing herein shall preclude the Sewer Commission from including in its regulations the maximum civil penalties as provided in MGL, c. 83, § 10, or from thereafter seeking to impose such civil penalties as part of any such judicial relief.