Saturday, July 21, 2018

Section 69: Superintendent of water or sewer department

Section 69. If a town votes under section twenty-one to have its selectmen act as water and sewer boards, water commissioners or sewer commissioners, the selectmen may appoint a suitable person to act as superintendent of the water or sewer department or designate the superintendent of streets so to act if the town has voted to have its selectmen appoint such officer, who, subject to the control of the selectmen, shall have all necessary powers therefor.

Templeton voted to have independent and separate from the selectmen, elected sewer commissioners.

Templeton Sewer department is an enterprise fund operated department.

Templeton Sewer department is not listed in the FY 2019 general fund budget / spending plan.

Sewer users or rate payers, along with other fees (tipping fees)  cover the costs of operating the sewer department, with oversight of the Sewer department is handled by elected Sewer commissioners.

Why else would the selectmen and the Town Administrator speak of indirect costs [such as "charging" the Sewer department if sewer collections were to be handled at town hall in the treasurer/collector office?]

MGL chapter 41

Section 65: Sewer commissioners; powers and duties

Section 65. If sewer commissioners be chosen, they shall, as to sewers and drains, exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and road commissioners.

What the Templeton general town by-laws say regarding sewer department.
Article XXIV – Sewers
Section 1. “The Selectmen, or Sewer Commissioners if duly qualified, may declare any sewer or drain laid in any land or way, public or private, open or proposed to be open for public travel, to be a common sewer, and that connections shall not be made with any common sewer, except by authorization from Selectmen or Sewer Commissioners, whichever the case may be, shall have the power to regulate the use of common sewers and connections which may be made with
them, by regulations duly enacted.”
Passed 5-10-75, Approved by A/G 9-2-75

Section 2. To amend the present common sewer by-law, Article XXIV, by adopting as town by-law the rules and regulations regarding the use of common sewers as outlined and stated in Publication No: 5541 of the Massachusetts Water
Resources Commission 1969, revised 1974, entitled “Suggested Rules and Regulations Regarding the use of Common Sewers for the Cities and Towns
of the Commonwealth of Massachusetts.”
Amended 10/28/76

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