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(a).Sufficient capacity exists in the treatment B. Any person who shall continue any violation facility, as determined by the Board of beyond the period permitted in Subsection A. Health Agent or Sewer Commission, its shall be subject to a fine in an amount not agent/ designee, as appropriate. If exceeding fifty dollars ($50) for each violation. sufficient capacity does not exist, then no Each day in which such a violation shall continue variance shall issue. shall be deemed a separate offense. 2. With respect to an on-site Title 5 disposal system, should the Board of Health determine The Board of Health and Sewer Commission,and their sufficient capacity exists the applicant must duly authorized agents, shall have the power and then demonstrate that a septic system for the authority to enforce the provisions hereof.This section total number of bedrooms or nonresidential shall in no way limit the Town's power and authority flow requested, meeting the provisions of 310 to invoke other remedies at law to enforce and compel CMR 15.000 (Title 5), without significant compliance with the provisions of this Chapter. Any variances,can be sited on the parcel. person violating any of the provisions set forth herein (a).The Board of Health may, at its sole and shall be liable to the Town for any expense, loss, or absolute discretion, issue a variance that, damage incurred by the Town as a result of such in its judgment, could be granted without violation. substantially derogating from the intent or purpose of this regulation should the Submitted by the applicant fail to satisfy criteria in § 108- Board of Selectmen and the Sewer Commission 6A.2 above. Explanation: This article will adopt a General Bylaw to establish flow neutral regulations applicable to § 108-7 Rebuilding a Structure Due to Casualty Loss. present and future wastewater treatment systems and sewer service areas in the Town. Adoption of this A property owner may rebuild a structure destroyed by bylaw enables the Town to qualify for 0°Io financing fire, flood, storm or other acts of nature as a matter of from the state Clean Water Trust. right, provided that the new structure does not exceed the permitted wastewater flow and number of The Board of Selectmen recommends approval of bedrooms of the structure being replaced. Article 8 by a vote of 5-0 § 108-8 Transferability of Flow Capacity. The Finance Committee recommends approval of The number of bedrooms or permitted flow on any Article 8 by a vote of 5-1 particular parcel of land cannot be sold, exchanged, transferred, or otherwise used to benefit the Motion made by Selectman Sherman determination of number of bedrooms or flow on another parcel or another's right to a sewer connection, Motion: I move the Town vote to approve Article 8 unless any such sale,transfer or exchange is authorized as printed in the Warrant and with the exception of by a Board of Health or Sewer Commission regulation. the phrase "or take any other action relating thereto'. § 108-9 Severability. If any provision of this regulation is declared invalid or Motion passes unanimously at 8:24 PM unenforceable, the other provisions shall not be affected thereby but shall continue in full force and Article 9 effect. To see if the Town will vote to continue participation § 108-10 Violations and Penalties; Enforcement. in the Community Septic Management Program and A. Any person found to be violating any provision the Massachusetts Water Pollution Abatement Trust of this Chapter shall be served by the Town with (MWPAT)for the purpose of making loans to residents written notice stating the nature of the violation of the Town for repairing and/or upgrading residential and providing a reasonable time limit for the septic systems pursuant to agreements between the satisfactory correction thereof. Board of Health and residential property owners, including all costs incidental and related thereto, or to take any other action relating thereto. 59