Chapter 054
2009 -- H 6144 AS AMENDED
Enacted 06/26/09
A N A C T
RELATING TO THE
BURRILLVILLE SEWER COMMISSION
Introduced By: Representatives Pacheco, and Newberry
Date Introduced: April 28, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 2 and 8 of Chapter 25 of the 1974 Public
Laws entitled “An Act
Authorizing the Town of
System and Authorizing the
Financing thereof, including the issue of not more than $7,000,000
bonds therefor” are hereby
amended to read as follows:
SECTION 2. There is hereby established a board of sewer
commissioners for the town of
Burrillville consisting of three five (5) qualified
electors of the town. Except as
otherwise
provided herein, said board of sewer commissioners shall have
the power and authority to
supervise the planning, construction, operation, maintenance,
extension and improvement of the
sewage disposal system and to make contracts therefor on behalf of the town, notwithstanding
section 2 of the public laws of 1972.
Forthwith
after the passage of this act, the town council shall appoint three sewer
commissioners, one to serve until June 30, 1977, one until June 30,
1978, and one until June 30,
1079,
and thereafter until their successors are appointed and take office. Not more than sixty days
prior to the expiration of each term, the town council
shall appoint a successor for a term of three
years from June 30 of the year in which he is appointed and
thereafter until his successor is
appointed and takes office.
Forthwith
upon the passage of this act, the town council shall appoint two (2) additional
sewer commissioners, one to serve until June 30, 2010, and
one until June 30, 2011, and
thereafter until their successors are appointed and take office.
Not more than sixty (60) days prior
to the end of the term of each member of the commission
the town council shall appoint a
successor for a term of three (3) years from June 30 of the
year in which he/she is appointed.
Sewer commission members
appointed prior to the effective date of this act shall continue to
serve until the end of the term of their appointment.
The
board of sewer commissioners may act despite a vacancy on the board but, in the
event of any vacancy, the town council shall appoint a
commissioner to serve for the unexpired
term and thereafter until his successor is appointed and
takes office.
Any
member of the board may be removed for cause by the town council. Each
appointment or removal by the town council shall be by vote of a
majority of the whole number
thereof, including vacancies therein.
No
employee of the town or holder of any other office of the town shall be
eligible to
serve as a member of the board of sewer commissioners.
The
town council may require the members of the board of sewer commissioners to
furnish bond for the faithful performance of their duties, in
such amounts and with such sureties
as the town council may deem desirable. Premiums on
surety bonds shall be paid from funds of
the board of sewer commissioners.
No
contract shall be made by the board of sewer commissioners with any member of
the
board or with the superintendent of the sewer system
(except his contract of employment) or with
any member of their immediate families or with any firm
or corporation in which the
superintendent or any member of the board, together in either case
with the members of his
immediate family, owns more than one percent of the total
proprietary interest, unless such direct
or indirect interest of the member or superintendent is
set forth in the minutes of a meeting of the
board prior to the making of such contract and the member
of superintendent abstains,
respectively, from voting or acting for the town in making such
contract. A violation of this
paragraph shall be grounds for avoiding, rescinding or cancelling the contract on such terms as
the interests of the town and innocent third parties may
require or for the recovery of damages
from any party acting in violation of this paragraph.
SECTION 8. The board of sewer commissioners may from time
to time prescribe rules
and regulations for the connection of estates and
buildings with sewers, and for inspection of the
materials, the construction, alteration and use of all
connections entering into such sewers, and
may prescribe penalties not exceeding fifty dollars, for
violation of each such rule or regulation.
Such rules and
regulations shall not be effective prior to their publication in a newspaper of
general circulation in the town. Penalties: (A) The board
of sewer commissioners may from time
to time prescribe rules and regulations for the
connection of estates and buildings with sewers,
and for the inspection of materials, the construction,
alteration and use of connections entering
into such sewers may
prescribe penalties not exceeding five hundred ($500) dollars, or
imprisonment for thirty (30) days. Each day of violation shall
constitute a separate offense for
purposes of a fine.
(B)
For a violation of the rules and regulations that is the proximate course of an
event
that causes a violation of the commission’s wastewater
discharge permit, the commission may
impose a penalty and the cost of collection equal to any
fine imposed upon the commission by the
SECTION 2. This act shall take effect upon passage.
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LC02417
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