reglab/housing_qa huggingface dataset:
MA Gen L ch 132a § 16g (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District|Section 16g - Publicly Owned Treatment Works; New or Modified Discharge Into Ocean Sanctuaries; Prerequisites

Section 16G. The department may approve a new or modified discharge of wastewater from a POTW to an ocean sanctuary only if clauses 1 through 10, inclusive, are met.  (1) The new or modified discharge shall be consistent with the intent and purpose of the act. Any discharge shall meet the water quality standards of the receiving water body and the standards of the act to protect the appearance, ecology and marine resources of the waters of the sanctuary.  (2) The new or modified discharge shall meet the United States Environmental Protection Agency's approved TMDL, if any, on the receiving water body.  (3) The applicant shall have adopted and implemented a plan approved by the department requiring the pretreatment of all commercial and industrial wastes discharged to the POTW.  (4) The applicant shall have adopted and implemented a program for water conservation according to the guidelines established by the water resources commission.  (5) The applicant shall have adopted and implemented a plan, approved by the department, to control and minimize inflow and infiltration.  (6) The applicant shall have adopted and implemented a plan, approved by the department, to control any combined sewer overflows.  (7) The new or modified discharge shall not significantly affect the quality or quantity of existing or proposed water supplies by reducing ground or surface water replenishment.  (8) The new or modified discharge is consistent with the policies and plans of the Massachusetts coastal zone management program.  (9) The new or modified discharge and treatment plans are consistent with all applicable federal, state and local laws, ordinances, by-laws, rules and regulations protecting the environment, including but not limited to, the requirements of chapters 21, 91, 130 and 131.  (10) The proposed discharge and outfall structure will not adversely impact marine fisheries or interfere with fishing grounds or the normal operation of fishing vessels.  In addition to meeting the requirements in clauses 1 through 10, inclusive, new discharges in the Cape and Islands Ocean Sanctuary, the Cape Cod Ocean Sanctuary and the Cape Cod Bay Ocean Sanctuary shall receive advanced treatment, disinfection and such other treatment to remove nutrients, pathogens or other pollutants to avoid degradation of the ecology, appearance and marine resources of the designated sanctuary and to meet water quality standards and any applicable TMDLs. Chlorinated disinfection shall not occur unless it is followed by dechlorination prior to discharge.
MA Gen L ch 132a § 16h (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District|Section 16h - Discharges Within Estuaries or Coastal Embayments

Section 16H. Discharges may occur within estuaries or coastal embayments from facilities designed to abate existing discharges exclusively from combined sewer overflows, where such facilities have been approved by the division of water pollution control and where such existing discharges from combined sewer overflows degrade or threaten to degrade the designated ocean sanctuary. Nothing in this chapter is intended to alter the effect of the previous exemptions granted under chapter 120 of the acts of 1981 and chapter 369 of the acts of 1984.  The seaward boundary of the Plymouth–Kingston Duxbury coastal embayment shall be a line between Gurnet Point and Rocky Point; provided, however, that no discharge may be authorized in a depth of water which at mean low tide is less than 30 feet.
MA Gen L ch 132a § 16i (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District|Section 16i - New or Modified Discharge Into Ocean Sanctuaries; Application Requirements

Section 16I. An application for a new or modified discharge shall, at a minimum, include:  (1) a final CWMP approved by the department and a final environmental impact report and certificate;  (2) an evaluation of the receiving water body, including a benthic survey and fish habitat evaluation;  (3) a minimum of 24 months of baseline nutrient related water quality monitoring;  (4) development of a site specific hydrodynamic model illustrating tides, bathymetry, mixing zones and seasonal variations; and  (5) a hydrologic evaluation of the aquifer, including evaluation of the effects of the new or modified discharge on the recharge of the affected aquifer.
MA Gen L ch 132a § 16j (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District|Section 16j - New or Modified Discharge Into Ocean Sanctuaries; Notice; Hearing; Decision; Effective Date

Section 16J. Upon receipt of an application for a new or modified discharge, the department shall provide public notice, an opportunity for comment and shall hold a public hearing on the application. Individual notice shall be provided to all municipalities bordering the affected sanctuary. Following the public hearing, the department shall prepare a proposed final decision and provide public notice of the proposed final decision, including individual notice to any person commenting on the application and to all municipalities bordering the affected sanctuary. The proposed final decision shall take effect within 30 days of the public notice unless any person aggrieved by the decision requests an adjudicatory hearing prior to the expiration of the 30 days. Following an adjudicatory hearing, the commissioner of environmental protection shall make the final decision and provide notice to all parties. The final decision shall take effect within 30 days, unless an appeal is taken under section 14 of chapter 30A prior to the expiration of the 30 days.
MA Gen L ch 132a § 16k (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District|Section 16k - New or Modified Discharge Conditions

Section 16K. Any condition adopted by the department in approving a new or modified discharge shall become a condition of the discharge permit issued by the division of water pollution control under chapter 21.
MA Gen L ch 132a § 18 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District|Section 18 - Permits, Approvals, Certificates and Licenses; Ocean Development Mitigation Fee

Section 18. All departments, divisions, commissions, or units of the executive office of energy and environmental affairs and other affected agencies or departments of the commonwealth shall issue permits or licenses for activities or conduct their activities consistently with the act, and shall not permit or conduct any activity which is contrary to the provisions of the Act. Except as provided by sections 16G to 16K, inclusive, the Act shall not require any additional permits from the office, but other departments, divisions, commissions, units, or other agencies shall confer and consult with the office to ensure compliance with the Act. The attorney general or the appropriate state agency shall take such action as may be necessary from time to time to enforce the provisions of the Act, and the superior court shall have jurisdiction to enforce the provisions thereof. The department shall establish regulations to the extent needed for the proper administration of the act and to preserve and protect the appearance, ecology and marine resources of the waters of the sanctuary and meet the water quality standards and goals of the federal Clean Water Act and Massachusetts Clean Waters Act.  Any permit, approval, certificate or license issued by a department, division, commission, or unit of the executive office of energy and environmental affairs and other affected agencies or departments of the commonwealth for activities or conduct consistent with this chapter shall be subject to an ocean development mitigation fee as shall be established by the secretary of energy and environmental affairs; provided, however, that no fee shall be assessed on commercial and recreational fishing permits or licenses or on department permits or approvals of new or modified discharges of wastewater from POTWs. All the proceeds of the ocean development mitigation fee shall be deposited in the Ocean Resources and Waterways Trust Fund established pursuant to section 35HH of chapter 10.
MA Gen L ch 132b § 1 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132b - Massachusetts Pesticide Control Act|Section 1 - Title; Purpose

Section 1. This chapter shall be known and may be cited as the Massachusetts Pesticide Control Act.  The purpose of this chapter is to conform the laws of the commonwealth to the Federal Insecticide, Fungicide, and Rodenticide Act, Public Law 92–516, as amended, and the regulations promulgated thereunder and to establish a regulatory process in the commonwealth. The exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides in the commonwealth shall be determined by this chapter.
MA Gen L ch 132b § 3 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132b - Massachusetts Pesticide Control Act|Section 3 - Pesticide Board

Section 3. There shall be within the department of food and agriculture a pesticide board which shall consist of the commissioner of environmental protection or his designee, the commissioner of food and agriculture or his designee, the director of the division of food and drugs or his designee, the commissioner of fisheries, wildlife and recreational vehicles or his designee, the commissioner of environmental management or his designee, the commissioner of public health or his designee, and seven persons appointed by the governor one of whom shall have been engaged in the commercial production of a plant-related agricultural commodity for at least the preceding five years on land owned or rented by him, one of whom shall have been an active commercial applicator of pesticides for at least the preceding five years, one of whom shall have expertise in the health effects of pesticide use, one of whom shall be a physician, one of whom shall be experienced in the conservation and protection of the environment, and two of whom shall represent the public at large. The commissioner of food and agriculture or his designee shall be chairman of the board.  The appointive members of the board shall receive fifty dollars for each day or portion thereof spent in the discharge of their official duties and shall be reimbursed for their necessary expenses incurred in the discharge of their official duties. Each appointive member shall be appointed for a term of four years, except for persons appointed to fill vacancies who shall serve for the unexpired term. Any member shall be eligible for reappointment.  The board shall hold an annual meeting in March, and regularly at three other times annually, and from time to time at the call of the chairman or upon the request of any two members.  Seven members of the board shall constitute a quorum. The board may, by vote of a majority of its members then in office, adopt rules and regulations for the conduct of its business. Rules and regulations adopted may be amended or repealed by a two-thirds vote of its members.  The board in addition to other powers conferred in this chapter shall advise the commissioner of food and agriculture with respect to the implementation and administration of this chapter.  The pesticides program director established by section four shall attend meetings of the board, shall serve as secretary thereto, but shall have no vote in its deliberation.
MA Gen L ch 132b § 3a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132b - Massachusetts Pesticide Control Act|Section 3a - Pesticide Board Subcommittee

Section 3A. A subcommittee of the pesticide board shall be established and shall be charged with the responsibility of registering all pesticides for use in the commonwealth pursuant to section seven. Said subcommittee shall also be responsible for issuing all experimental use permits pursuant to section eight. Said subcommittee shall consist of five members, the director of the division of food and drugs, who shall act as chairman, the commissioner of the department of agricultural resources or his designee, the commissioner of the department of conservation and recreation or his designee, the commissioner of public health or his designee, and one person appointed by the governor, who shall have been actively engaged in commercial application of pesticides for at least the preceding five years who shall be a member of the pesticide board. Any person aggrieved by the decision of said subcommittee may appeal any such decision according to the provisions of section thirteen.
MA Gen L ch 132b § 4 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132b - Massachusetts Pesticide Control Act|Section 4 - Programs Director

Section 4. The pesticide regulatory functions conferred upon the department under the provisions of this chapter shall be under the administrative supervision of a pesticide programs director who shall be qualified by training and experience to perform such duties. Said director shall be appointed by the commissioner with the approval of the board for a term of five years. Said person shall be eligible for reappointment, but may be removed by the commissioner for cause. The position of director shall not be subject to the provisions of chapter thirty-one or the provisions of section nine A of chapter thirty. If an employee serving in a position which is classified under chapter thirty-one or in which he has tenure by reason of section nine A of chapter thirty shall be appointed director, he shall upon termination of his service as director be restored to the position which he held immediately prior to such appointment or to a position equivalent thereto in salary grade in the same state department; provided, however, that his service in such unclassified position shall be determined by the civil service commission in administering chapter thirty-one. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement, or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, the person so appointed from a position in the classified service shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.
MA Gen L ch 132b § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132b - Massachusetts Pesticide Control Act|Section 5 - Powers and Duties of Department

Section 5. The department with the approval of the board may cooperate and enter into cooperative agreements and contracts with appropriate federal agencies, the agencies of other states, interstate agencies, other agencies of the commonwealth or its political subdivisions, or private or nonprofit organizations in matters related to the purposes of this chapter or FIFRA, and may receive from and dispense to such agencies such funds as may be available for the purposes of this chapter and FIFRA.  The department with the approval of the board shall take all action necessary or appropriate to secure for the commonwealth the benefits of FIFRA and other pertinent federal legislation.  The department with the approval of the board and subject to the provisions of chapter thirty A may from time to time adopt, amend or repeal such forms, regulations and standards as it deems necessary for the implementation and administration of this chapter.  The department with the approval of the board shall by regulation establish and formulate procedures whereby the advice or relevant advisory councils shall be sought incident to the development of policy or the adoption, amendment or repeal of regulations related to the administration of this chapter.  The department may with the approval of the board declare such pests and devices as it deems necessary to be subject to the provisions of this chapter.
MA Gen L ch 132b § 5a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132b - Massachusetts Pesticide Control Act|Section 5a - Reduction of Pesticide Use; Annual Report

Section 5A. The department shall promote the use of biologic controls, integrated pest management, sustainable agriculture and other alternate pest control methods through education, technical assistance and research in order to reduce or eliminate, whenever possible, human or environmental exposures to chemical pesticides. Said department shall submit an annual report to the clerks of the senate and the house of representatives and the joint committee on natural resources and agriculture describing the efforts taken and the progress made toward reducing pesticide use, furthering the use of integrated pest management and other alternate pest control methods in the commonwealth.
MA Gen L ch 132b § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132b - Massachusetts Pesticide Control Act|Section 6 - Prohibited Distributions, Etc.

Section 6. No person shall distribute a pesticide not registered pursuant to the provisions of section seven. This prohibition shall not apply to the transfer of a pesticide from one plant or warehouse to another plant or warehouse and used solely at such plant or warehouse as a constituent part to make a pesticide which is or will be registered pursuant to the provisions of this act; or the distribution of a pesticide pursuant to the provisions of an experimental use permit issued under section eight.  No person shall distribute a pesticide classified by the department as being for restricted use to a person not appropriately certified to use that pesticide. This prohibition shall not apply to the distribution of a pesticide to a competent individual acting under the direct supervision of an individual appropriately certified to use that pesticide.  No person shall distribute a pesticide that is adulterated or misbranded or a device that is misbranded.  No person shall distribute any pesticide unless it is in the registrant's or the producer's unbroken, unopened, and sealed container. This prohibition shall not apply to the repackaging of pesticides because of damage in transit.  No person shall distribute any pesticide that does not conform to any requirement of its registration or permit.  No person shall distribute any pesticide in containers that are unsafe due to damage or design.  No person shall detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this chapter or in regulations adopted thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this chapter or regulations adopted thereunder.  No person shall distribute, handle, dispose of, discard, or store any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects, to cause damage to the environment, or to pollute or contaminate any water supply, waterway, groundwater or waterbody.  No person shall act in the capacity of, or advertise as, or assume to act as a licensed pesticide dealer unless that person is in possession of a currently valid license issued by the department pursuant to the provisions of section nine. No person possessing a pesticide dealer license shall violate or allow to be violated any term, condition, restriction or provision of said license.  No person shall purchase or use a pesticide that is not registered by the department under the provisions of section seven; provided, however, that this prohibition shall not apply to the use of a pesticide consistent with the terms of an experimental use permit issued by the department under the provisions of section eight.
MA Gen L ch 132b § 6a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIX - Agriculture and Conservation|Chapter 132b - Massachusetts Pesticide Control Act|Section 6a - Prohibited Activities

Section 6A. No person shall use a registered pesticide in a manner that is inconsistent with its labeling or other restrictions imposed by the department. No person shall use a pesticide which is the subject of an experimental use permit inconsistently with the terms and conditions of said permit.  No individual certified, licensed or permitted as a pesticide applicator shall violate any provision, condition, term or restriction of his certification, license or permit.  No person shall use a pesticide that has been classified by the department as being for restricted use unless he is an appropriately certified private applicator, an appropriately certified commercial applicator, or a competent individual acting under the direct supervision of an appropriately certified applicator.