reglab/housing_qa huggingface dataset:
MA Gen L ch 82 § 40c (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon|Section 40c - Excavator's Responsibility to Maintain Designation Markings; Damage Caused by Excavator

Section 40C. After a company has designated the location of its facilities at the location in accordance with section 40B, the excavator shall be responsible for maintaining the designation markings at such locations, unless such excavator requests remarking at the location due to the obliteration, destruction or other removal of such markings. The company shall then remark such location within 24 hours following receipt of such request.  When excavating in close proximity to the underground facilities of any company when such facilities are to be exposed, non-mechanical means shall be employed, as necessary, to avoid damage in locating such facility and any further excavation shall be performed employing reasonable precautions to avoid damage to any underground facilities including, but not limited to, any substantial weakening of structural or lateral support of such facilities, penetration or destruction of any pipe, main, wire or conduit or the protective coating thereof, or damage to any pipe, main, wire or conduit.  If any damage to such pipe, main, wire or conduit or its protective coating occurs, the company shall be notified immediately by the excavator responsible for causing such damage.  The making of an excavation without providing the notice required by section 40A with respect to any proposed excavation which results in any damage to a pipe, main, wire or conduit, or its protective coating, shall be prima facie evidence in any legal or administrative proceeding that such damage was caused by the negligence of such person.
MA Gen L ch 82 § 40d (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon|Section 40d - Local Laws Requiring Excavation Permits; Public Ways

Section 40D. Nothing in this section shall affect or impair local ordinances or by-laws requiring a permit to be obtained before excavation in a public way or on private property; but notwithstanding any general or special law, ordinance or by-law to the contrary, to the extent that any permit issued under the provisions of the state building code or state fire code requires excavation by an excavator on a public way or on private property, the permit shall not be valid unless the excavator notifies the system as required pursuant to sections 40 and 40A, before the commencement of the excavation, and has complied with the permitting requirements of chapter 82A.
MA Gen L ch 82 § 40e (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon|Section 40e - Violations of Secs. 40a to 40e; Punishment

Section 40E. Any person or company found by the department of telecommunications and energy, after a hearing, to have violated any provision of sections 40A to 40E, inclusive, shall be fined $1,000 for the first offense and not less than $5,000 nor more than $10,000 for any subsequent offense within 12 consecutive months as set forth by the rules of said department; provided, however, that nothing herein shall be construed to require forfeiture of any penal sum by a state or local government body for violation of section 40A or 40C; and provided, further, that nothing herein shall be construed to require the forfeiture of any penal sum by a residential property owner for the failure to premark for an excavation on such person's residential property.
MA Gen L ch 82a § 4 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 82a - Excavation and Trench Safety|Section 4 - Definitions

Section 4. For purposes of this chapter, a ''trench'' shall be defined as an excavation which is narrow in relation to its length, made below the surface ground in excess of 3 feet below grade and the depth of which is, in general, greater than the width, but the width of the trench, as measured at the bottom, is no greater than 15 feet and the words ''excavator'', ''excavation'' and ''emergency'' shall have the same meanings as defined in section 40 of chapter 82.
MA Gen L ch 82a § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 82a - Excavation and Trench Safety|Section 5 - Additional Requirements

Section 5. The requirements of this chapter are in addition to the requirements set forth in sections 40 to 40D, inclusive, of chapter 82 and not in lieu thereof.
MA Gen L ch 83 § 1a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 1a - Common Sewers and Main Drains in Public or Private Ways; Voter Approval and Comprehensive Water Resources Management Plan

Section 1A. Notwithstanding the provisions of sections 1 and 3 to the contrary, any municipality or sewer district adopting this section is hereby authorized to lay out, construct, maintain and operate a system or systems of common sewers and main drains in public or private ways for that part of its territory as it adjudges necessary to reduce or eliminate the impacts of nutrient enrichment on surface water bodies or sources of drinking water with such connections and other works as may be required for a system or systems of sewerage and drainage, and sewage treatment and disposal. Adoption of this section is subject to majority vote of the municipality and subject further to said municipality having an approved comprehensive water resources management plan hereinafter referred to as (CWMP) as defined by the department of environmental protection hereinafter referred to as (DEP).
MA Gen L ch 83 § 1b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 1b - Connection of Abutting Land to Common Sewer; Requirements; Amendment of Comprehensive Water Resources Management Plan

Section 1B. At the commencement of operation of the municipalities' sewer system authorized by section 1A, the owner of land abutting upon a private or public way in which a common sewer has been laid shall be required by the board or officer having charge of the maintenance and repair of sewers to connect such land with a common sewer only if the land in question is within the areas identified in the department of environmental protection-approved CWMP and has been specifically identified in the plan as requiring wastewater collection and treatment for flows in existence on said properties at the time of adoption of this act in order to protect surface waters or drinking water resources from the effects of nutrient enrichment; or the on-site subsurface sewage disposal system serving said land fails to comply with the provisions of 310 CMR 15.000, et seq. and an on-site subsurface sewage disposal system cannot be constructed on the property in compliance with said regulations and an enhanced treatment system under remedial use cannot be designed and constructed to adequately treat sewage from said property; or to service housing of which at least 15 per cent of the housing units are deed restricted to residents with incomes no greater than 80 per cent of the area median income paying no more than 30 per cent of their income towards housing. The town shall not allow an abutting property owner utilizing an enhanced treatment system under remedial use to opt out of connecting to the sewer system unless the town implements a monitoring and inspection plan approved by the department of environmental protection for such remedial system or systems. Such plan may include the assessment of a reasonable fee by the board of health to implement the monitoring and inspection plan.  Notwithstanding any provision of sections 1 and 3 to the contrary, owners of land not identified in the CWMP as needing to be connected to the municipal treatment works shall not be permitted to connect to the sewer system. Said plan may be amended from time to time by the board or officer having charge of sewers, after a public hearing conducted to consider such amendment, and upon approval of the department of environmental protection. The board or officer having charge of sewers shall adopt regulations within 120 days after the adoption of this act establishing publication and notification procedures to carry out the purposes of this section.
MA Gen L ch 83 § 1c (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 1c - Certification by Board of Health for Additional Connections; Service for Municipal Buildings, Public Restrooms or Public Service Uses

Section 1C. After commencement of operations of the sewer system authorized pursuant to section 1A, additional connections shall be permitted within the final area of concern by such board or officer having charge of the maintenance and repair of sewers, subject to available capacity, only upon certification by the board of health that the on-site subsurface sewage disposal system on land abutting upon a private or public way in which a common sewer has been laid cannot comply with the provisions of 310 CMR 15.000, et seq., or in the case of new construction, expansion of an existing structure, a change in use, or increases in flow from said land, such expansion, change in use, or increase in flow does not result in sewage flow in excess of the amount of said regulations flow capacity or actual flow resulting from a legal use of said land, whichever is greater, which existed on the date of adoption of this act as determined by the board of health. Notwithstanding anything to the contrary contained herein, the board or officer having charge of the maintenance and repair of sewers may at any time permit extensions, new connections or increases in flow to the sewer system, subject to capacity, to serve municipal buildings, public restrooms, or other public service uses, including but not limited to housing of which at least 15 per cent of the housing units are deed restricted to residents with incomes no greater than 80 per cent of the area median income paying no more than 30 per cent of their income towards housing.
MA Gen L ch 83 § 1d (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 1d - Assessments Upon Connection of Abutting Land to Common Sewer

Section 1D. Notwithstanding the provisions of chapters 80 and 83 to the contrary, a municipality acting under section 1A may make assessments upon owners of land abutting upon a private or public way in which a common sewer has been laid only at the time of actual connection to the common sewer. Nothing herein shall preclude the town from making estimated sewer assessments pursuant to section 15B. The municipality may make equitable adjustments to the annual charges established pursuant to section 16 for the use of common sewers by owners of land who connect under this act for the purpose of insuring an equitable distribution of the total sewer system costs, including assessments and sewer use charges.
MA Gen L ch 83 § 1e (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 1e - Written Decision Regarding Approval or Denial of Connection to Common Sewer; Appeal

Section 1E. Every decision by the board or officer having charge of sewers permitting or denying a connection to the sewer system pursuant to sections 1A to 1D, inclusive, shall be made in writing. Any person aggrieved by such a decision may appeal said decision within 30 days of issuance pursuant to the provisions of section 14 of chapter 30A.
MA Gen L ch 83 § 1f (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 1f - Discrimination Prohibited

Section 1F. In carrying out the provisions of sections 1A to 1E, inclusive, a municipality shall not discriminate against any person on the grounds of race, color, marital status, physical disability, age, sex, sexual orientation, religion, ancestry or national origin in any manner prohibited by federal or state law.
MA Gen L ch 83 § 1g (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 1g - Separate Account; Collection, Deposit and Use of Funds

Section 1G. Notwithstanding the provisions of any general or special law to the contrary, a municipality with a comprehensive water resources management plan under review or approved by the department of environmental protection may establish and maintain a separate account into which it may collect and deposit and expend funds from property owners for the difference in cost between a conventional subsurface wastewater disposal system as required in 310 CMR 15.00, et seq. and the cost of a subsurface wastewater disposal system designed to reduce the nitrogen discharge from said system as long as the property in question is identified in the CWMP as being a priority for the installation of a wastewater collection and treatment system for the purposes of reducing the impacts of excessive nitrogen on marine waters and drinking water supplies. Funds from this account may be used only for the purpose of the construction, maintenance and operation of said wastewater treatment and collection works and shall be applied to the costs of connection and or betterment assessed to the property in question.
MA Gen L ch 83 § 1h (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 1h - Borrowing or Assessing Funds for Construction of Wastewater Treatment System

Section 1H. Notwithstanding section 7 of chapter 44, a municipality or sewer district adopting section 1A may borrow and assess betterments for a term not to exceed 50 years or the useful life as approved by the department of environmental protection, whichever is shorter, for the construction its wastewater treatment systems and conveyances determined; and provided further that short term borrowing may extend for a period not to exceed 5 years.
MA Gen L ch 83 § 2 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 2 - Plans and Records

Section 2. Plans and descriptions of all main drains and common sewers belonging to a town, with a true record of the charges of making and repairing said drains and sewers and of all assessments therefor, shall be kept in the office of the town clerk or in such other office of the town as the town by ordinance or by-law may determine.
MA Gen L ch 83 § 3 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 3 - Sewer Connections

Section 3. The board or officers of a city or town having charge of the repair and maintenance of sewers may, upon request of the owner of land and payment by him of the actual cost thereof, construct a particular sewer from the street line to a house or building. A town may appropriate money for connecting estates within its limits with common sewers, and no estate shall, in any year in which such an appropriation is made, be connected with a common sewer except in the manner hereinafter provided. If bonds or notes are issued to pay the cost of making such connections, the assessments provided for in section twenty-four shall be applied to the payment of such bonds or notes. If the board of health of a town making such appropriation shall order land abutting upon a public or private way in which a common sewer has been laid to be connected with such sewer, or if the owner of such land shall make to the board or officer having charge of the maintenance and repair of sewers application to connect his land with a common sewer, such board or officer shall make such connection.
MA Gen L ch 83 § 3a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 3a - Private Ways; Repair of Sewers

Section 3A. The board or officers of a city or town having charge of the repair and maintenance of sewers may at the request of the owner of land and payment by him of the actual cost thereof repair a break in a sewer laid in a private way and remove any sewerage flowing from such break.
MA Gen L ch 83 § 4 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 4 - Highway Ditches or Drains

Section 4. The department of highways, county commissioners, and the officers having charge of highways in any city or town may construct ditches or drains for the purpose of properly draining any highway, and may carry water away from any highway and over or through any land as they may deem necessary for public convenience or for the proper care or construction of such highway, and may purchase or take by eminent domain under chapter seventy-nine, on behalf of the commonwealth, county, city or town, such land or interest therein as may be necessary therefor. Such ditches and drains shall be under the control of said officials, who may enter upon any land for the purpose of constructing, repairing or maintaining the same; but they shall not enter upon or construct any ditches, drains or other works or lay any conduits or pipes or discharge any water within the location of any railroad corporation, except at such time and in such manner as they may agree upon with such corporation, or, in case of failure so to agree, as may be approved by the department of telecommunications and energy. The owner or occupant of land through which any ditch or drain has been constructed under this section may, after securing a permit from the officers having control of the ditch or drain, construct and maintain a bridge over the same. The damages sustained by any person in his property by takings or other acts herein authorized may be recovered under chapter seventy-nine. The department, board or officers who have taken an easement under this section may discontinue or abandon the same by filing for record in the registry of deeds a suitable instrument.
MA Gen L ch 83 § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 5 - Separate Systems for Drainage of Water and Sewage

Section 5. In this section surface or storm water and such other waters as shall be specified by the department of public health shall be designated as waters and all other waters and sewage shall be designated as sewage. When a town has provided both a drain for waters and a sewer for sewage in a public way, the owner of every parcel of land abutting on such way or connected with such drain or sewer shall arrange his plumbing so that the waters shall be kept separate from the sewage; and shall make such connections with the drain and sewer respectively that the waters shall pass into the drain and the sewage into the sewer in accordance with the directions of the board or officer having charge of the repair and maintenance of sewers in such town.
MA Gen L ch 83 § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 6 - Sewage Disposal Works

Section 6. A town, with the approval of the department of environmental protection, after a public hearing by said department of all parties interested, of which notice shall be given by publication in one or more newspapers, may purchase land within its limits, or take the same by eminent domain under chapter seventy-nine, for the treatment, purification and disposal of sewage. Towns or persons, owning or operating filter beds or other works for the treatment, purification and disposal of sewage shall provide and maintain works adequate for the treatment of the sewage at all times, and shall operate such works in such manner as will prevent a nuisance therefrom or the discharge or escape of unpurified or imperfectly purified sewage or effluent into any stream, pond or other water, or other objectionable result.
MA Gen L ch 83 § 7 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 7 - Examination of Sewage Disposal Works; Prevention of Nuisances

Section 7. If the department of environmental protection determines upon examination that a filter bed or other works for the treatment, purification and disposal of sewage causes the pollution of a stream, pond or other water, or is likely to become a source of nuisance or create objectionable results in its neighborhood by reason of defective construction, inadequate capacity or negligence or inefficiency in maintenance or operation or from other cause, it may issue notice in writing to the town or person owning or operating such works requiring such enlargement or improvement in the works or change in the method of operation thereof as may be necessary for the proper maintenance and operation of the works and the efficient purification and disposal of the sewage. If said department determines after investigation that the unsatisfactory operation of a sewage disposal system is due wholly or partly to the discharge into the system of manufacturing waste or other substance of such character as to interfere with the efficient operation of said works, it may if necessary prohibit the entrance of such waste or other material, or may regulate the entrance thereof into the system, or may require the treatment of such waste or other material in such manner as may be necessary to prevent its interference with the operation of the works.
MA Gen L ch 83 § 8 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIV - Public Ways and Works|Chapter 83 - Sewers, Drains and Sidewalks|Section 8 - Digging Up Public Ways; Permits

Section 8. No person shall dig up or make an excavation in a public way for the laying, altering or repairing of a drain or sewer without obtaining a written permit from the board or officer having charge of the maintenance and repair of sewers in the town in which such way is situated. Notwithstanding any contrary provision of any local ordinance or by-law, no such permit shall, except in case of an emergency, be approved or issued by said board or officer until copies of the notices to public utility companies required by section forty of chapter eighty-two have been filed with said board or officer by the applicant for such permit. Whoever violates any provision of this section shall be punished by a fine of not more than fifty dollars for the first offense and not less than fifty dollars nor more than one hundred dollars for any subsequent offense.