A.Â
The Selectmen may establish a schedule of service
rates and charges and fees from time to time upon improved real estate
connected with a municipal public sewer or disposal system for the
use of the system. These service rates and charges and fees may include
reserve fund contributions.
[Amended 6-11-2008]
(1)Â
Interest. As authorized by 30-A M.R.S.A. § 3406,
the Selectmen may charge interest on delinquent accounts at a rate
not to exceed the highest lawful rate set by the Treasurer of the
state for municipal taxes.
(2)Â
Lien. There shall be a lien on real estate served
or benefited by a municipal sewer or sewer disposal system to secure
the payment of service rates and charges and interest on delinquent
accounts established under this chapter. This lien takes precedence
over all other claims on the real estate, excepting only claims for
taxes.
(3)Â
Collection. The Treasurer of the municipality may
collect the service charges and interest on delinquent accounts in
the same manner as granted by 38 M.R.S.A. § 1208 to treasurers
of sanitary sewer districts with reference to rates established and
due under 38 M.R.S.A. § 1202.
(4)Â
Adoption of new rates. Prior to the adoption of a
new rate and charge and fee schedule, the Selectmen shall hold a public
hearing regarding the proposed rate, charge and fee schedule. The
Selectmen shall publish the proposed rates, charges and fees and notice
of the hearing not less than once in a newspaper having a general
circulation in Bethel not less than seven days prior to the hearing.
Prior to the adoption of new sewer rates only, the Selectmen shall
mail to each ratepayer a notice of the public hearing and the proposed
new rates at least 14 days prior to the hearing. The mailing requirement
does not apply to the sewer system development charge or other charges
and fees. The sewer rates that have been adopted by the Board of Selectmen
through fiscal year 1992 remain in effect until changed by the Selectmen.
B.Â
The wastewater rates, tolls, charges, rents, fees
and other charges shall be so established as to provide revenue for
the following purposes:
(1)Â
To pay the current expenses for operating and maintaining
the wastewater facilities.
(2)Â
To provide for the payment of the interest and retirement
of such long-term indebtedness as the Town has legally entered into
for its wastewater treatment and collection facilities.
(3)Â
To provide increased capacity in the Town wastewater
facilities for the benefit of future residential and commercial and
industrial users.
C.Â
The Selectmen may establish reserve funds within the
Wastewater Treatment Department budget consisting of the following
accounts by appropriating money or by authorizing the transfer of
unencumbered surpluses or fund balances at the end of any fiscal year
for the following purposes:
(1)Â
Capital improvement account. For financing the acquisition,
construction, or reconstruction of a specific, or a type of, capital
improvement.
(2)Â
Capital equipment account. For financing the acquisition
of a specific item or type of capital equipment.
(3)Â
Credit reserve account. For providing a reserve which
may be applied in periods of financial emergency to assist in continuing
the Wastewater Treatment Department's normal operation.
(4)Â
Sinking fund account. For paying a funded debt. The
sewer system development charge (SSDC) can be used to repay a legally
incurred debt by the Town or by the Selectmen.
(5)Â
Capital dedicated reserve account. Used to help finance
increases in the wastewater facilities resulting from the collection
of the sewer system development charge (SSDC).
A special sewer service charge shall be imposed
for any industrial firm or organization which, by virtue of the volume,
strength or unusual characteristic of its waste alone, would overload
or upset the capacity or efficiency of the Town wastewater facilities
or any part thereof if such waste entered the public sewer, or whose
waste disposal situation is such that it would be in the public interest
to waive the basic requirements. The Selectmen, after appropriate
study, and advice from the Superintendent, shall establish a special
sewer service charge to the industrial firm by separate agreement
with said firm. The applicable portions of the preceding sections,
as well as the equitable rights of the public, shall be the basis
for such an arrangement.
Sewer rates shall be assessed by the Selectmen
in the following manner:
A.Â
Charges shall be based on water usage for each quarter
immediately prior to the billing, except that for the first fiscal
year following adoption of this section, the charge shall be the higher
of the two billing methods. If no water meter reading is available
the minimum charge shall apply.
B.Â
All charges pursuant to this section will be billed
quarterly to the property owner. In the case of mobile home/trailer
sites, the property or site owner shall be billed.
C.Â
All properties with buildings that are connected to
a public sewer or private sewer system and that have plumbing, whether
occupied or not, and whether the water has been turned on or not,
shall pay at least the minimum sewer charge. The sewer billing shall
start from the date the building sewer is connected to the private
and/or public sewer.
D.Â
Each condominium unit, dwelling unit, and each mobile
home site shall be considered a separate and individual sewer connection
even though several units or sites are connected by one or more sewer
lines to the private or public sewer. Each unit or site owner shall
pay at least the minimum sewer charge.
[Amended 6-13-2012]
E.Â
Property owners who are serviced by a public sewer
and who obtain their water from a private source such as a private
well are required to install a metering device that will measure the
amount of flow from the private water source. The sewer rate for such
owners shall be based upon the metered amount if in excess of the
minimum rate. Otherwise the minimum amount will be charged.
