Bill Summary – FastDemocracy

                                                                   APPROVED                  CHAPTER
                                                                   APRIL 11, 2025                 1
                                                                  BY GOVERNOR                P & S LAW
                                   STATE OF MAINE
                                           _____
                           IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-FIVE
                                           _____
                                    H.P. 79 - L.D. 114
   An Act to Amend the Charter of the Lewiston-Auburn Water Pollution
                          Control Authority
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. P&SL 1967, c. 92, §1, as amended by P&SL 2023, c. 3, §1, is further
amended to read:
    Sec. 1. Incorporation and purposes. There is hereby created a nonprofit body
corporate and politic to be known as The Lewiston-Auburn Water Pollution Control
Authority, hereinafter called "the authority." The authority may also operate under the
assumed name of The Lewiston Auburn Clean Water Authority. The purposes of the
authority are to operate, maintain and improve a sewage treatment plant or plants and other
facilities necessarily incident thereto and to receive and treat and dispose of the wastewaters
discharged by the sewage systems of the City of Lewiston and the Auburn Sewerage
District. The authority has all such powers, rights, privileges and immunities as may be
necessary for the accomplishment of the aforesaid purposes, whether or not such powers
are hereinafter specifically given.
    Sec. 2. P&SL 1967, c. 92, §14, first ¶, as amended by P&SL 2015, c. 8, §1, is
further amended to read:
    Sec. 14. Lewiston-Auburn Water Pollution Control Board of the authority.
The authority is under the management and direction of a board of directors, which is
known as the Lewiston-Auburn Water Pollution Control Board, also referred to as
hereinafter called "the board" or "the board of the authority." The board consists of 7
members. The director of the Lewiston Department of Public Works, the City
Administrator or acting City Administrator of the City of Lewiston or another employee of
the City of Lewiston designated by the City Administrator, the superintendent and the
president of the Auburn Sewerage District and the City Manager or acting City Manager
of the City of Auburn or another employee of the City of Auburn designated by the City
Manager are members of the board by virtue of their respective offices. If the president of
the Auburn Sewerage District Trustees declines to serve or resigns as a member of the
board of the authority, the president shall select, subject to confirmation by the Auburn
Sewerage District Trustees, another trustee or resident of Auburn to serve for the remainder
                                    Page 1 - 132LR0372(02)
of the term. Notice of the appointment must be given in writing by the clerk of the Auburn
Sewerage District to the board of the authority. The Mayor of Lewiston shall appoint,
subject to confirmation of the city council, a qualified voter of the City of Lewiston to serve
for a 2-year term on the board of the authority and thereafter until a successor takes office.
In the event that either the Lewiston resident so selected or the appointee of the president
of the Auburn Sewerage District ceases to be a resident of that person's respective city, or
dies, becomes incapacitated, or otherwise ceases to be a member of the Auburn Sewerage
District Trustees, or if the president of the Auburn Sewerage District dies or becomes
incapacitated while serving on the board of the authority, a successor must be elected to
serve out the remainder of the term by the Mayor and City Council of Lewiston or the
Auburn Sewerage District Trustees, as the case may be.
    Sec. 3. P&SL 1967, c. 92, §17, last ¶, as enacted by P&SL 1993, c. 28, §5, is
amended to read:
    Notwithstanding other civil or criminal penalties provided by and imposed under
federal or state law, except penalties sought by the authority pursuant to Title 38, section
1252 1046, subsection 8 1, the Lewiston-Auburn Water Pollution Control Board board may
assess administrative penalties of not more than $1,000 per day for each violation by an
industrial user of any pretreatment standard or requirement administered by the authority.
In assessing any penalties under this paragraph, the board must conduct its proceedings in
accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter
IV 4. A person aggrieved by any action by the board under this paragraph is entitled to
judicial review in the Superior Court in the manner provided in Title 5, chapter 375,
subchapter VII 7. The authority may by rule provide for assessment and collection of the
administrative penalties as well as procedures for notification to industrial users of the
penalties and enforcement of the administrative penalties provided that as long as these
rules are in accordance with the Maine Administrative Procedure Act as specified in this
paragraph. The authority may not seek civil monetary penalties under Title 38, section
1252 1046, subsection 8 1 if the board has assessed administrative penalties under this
section. Nothing in this paragraph prohibits the authority from seeking injunctive relief
pursuant to Title 38, section 1252 1046, subsection 8 1 in addition to administrative
penalties imposed pursuant to this paragraph.
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