reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 17c - Public Use of Land for Recreational, Conservation, Scientific Educational and Other Purposes; Landowner's Liability Limited; Exception

Section 17C. (a) Any person having an interest in land including the structures, buildings, and equipment attached to the land, including without limitation, railroad and utility corridors, easements and rights of way, wetlands, rivers, streams, ponds, lakes, and other bodies of water, who lawfully permits the public to use such land for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee therefor, or who leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of wilful, wanton, or reckless conduct by such person. Such permission shall not confer upon any member of the public using said land, including without limitation a minor, the status of an invitee or licensee to whom any duty would be owed by said person.
(b) The liability of any person who imposes a charge or fee for the use of his land by the public for the purposes described in subsection (a) shall not be limited by any provision of this section. For the purposes of this section, ''person'' shall include the person having any interest in the land, his agent, manager or licensee and shall include, without limitation, any governmental body, agency or instrumentality, a nonprofit corporation, trust, association, corporation, company or other business organization and any director, officer, trustee, member, employee, authorized volunteer or agent thereof. For the purposes of this section, ''structures, buildings and equipment'' shall include any structure, building or equipment used by an electric company, transmission company, distribution company, gas company or railroad in the operation of its business. A contribution or other voluntary payment not required to be made to use such land shall not be considered a charge or fee within the meaning of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 17d - Public Removal of Fuel Wood; Landowner's Liability for Injuries

Section 17D. An owner of land who permits the public to use such land for the removal of fuel wood without imposing a charge or fee therefor shall not be liable to any member of the public who uses said land for the aforesaid purpose for injuries to person or property sustained by such member of the public while on said land in the absence of willful, wanton or reckless conduct by such owner. Such permission shall not be deemed to confer upon any person so using said land the status of an invitee or licensee to whom any duty would be owed by said owner. The liability of an owner who imposes a charge or fee for the use of his land by the public for the removal of fuel wood shall not be limited by any provision of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 17g - Agreements With Nonprofit Organizations for Stewardship Services; Charge or Solicitation of Donations for Activity or Event on Department of Conservation and Recreation Property; Liability of Volunteer; Posting of Volunteer Guidelines on Website

Section 17G. (a) For purposes of this section, the words ''nonprofit organization'' and ''volunteer'' shall have the same meaning as used in 42 U.S.C. 14505.
(b) The department of conservation and recreation may cosponsor and participate in an event or activity on department property with a nonprofit organization at which the nonprofit organization may be allowed to charge, or solicit or receive donations of funds at the event or activity, if the event or activity furthers a public purpose of the department and the funds are used and expended by the nonprofit organization or department only for supporting or improving a facility or program of the department. The nonprofit organization shall report to the department and provide an annual accounting of the funds and expenditures therefrom.
(c) To encourage and further public participation in stewardship to educate, promote, clean, maintain or improve facilities of the department of conservation and recreation, the department may enter into agreements with nonprofit organizations regarding volunteers participating in the stewardship on department property. If the department enters into an agreement to cosponsor or participate in an event or activity with a nonprofit organization, pursuant and subject to chapter 258 of the General Laws and the guidelines adopted by the department under this section, a volunteer of the nonprofit organization shall not be liable for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of the volunteer while acting within the scope of the volunteer's activities under the agreement.
(d) The department shall post on its website for public review and subsequently establish guidelines, requirements and standards for: (1) authorizing and registering volunteers to provide stewardship services; (2) delegating direction, control, safety and supervision of the volunteers to the nonprofit organization; (3) developing accounting and reporting procedures as required in subsection (b); and (4) considering the volunteers, while acting within the scope of volunteer responsibilities for the department or the nonprofit organization, whether or not under delegated authority from the department, as public employees within the meaning of chapter 258. In a civil action involving a volunteer who is considered a public employee, the department may assert any defense or limitation on liability that the volunteer could have asserted under federal or state law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 18 - Division of Conservation Services

Section 18. The division of conservation services within the office of the secretary of the executive office of environmental affairs shall be under the administrative supervision of a director who shall be called the director of conservation services. The director shall be qualified by training, experience and executive ability, shall be appointed and may be removed by the secretary and shall not be subject to the provisions of chapter thirty-one. The division shall administer the provisions of this chapter relating to conservation districts and such other programs and duties as may be assigned to it by the secretary from time to time. It may receive and expend or dispense without further authorization such federal funds, services, grants or subventions as may be made available for the purposes of the division. The director shall appoint, with the approval of the secretary, subject to the provisions of chapter thirty-one, such experts, clerks and other employees from time to time, and for such periods, as he may determine to be necessary. The director shall also appoint, with the approval of the secretary, an executive secretary. The appointment and removal of said executive secretary shall not be subject to the provisions of section nine A of chapter thirty or chapter thirty-one. The director may request from the state commission, established under the provisions of section nineteen, a list of no more than three candidates for such position.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 19 - State Commission for Conservation of Soil, Water and Related Resources; Establishment

Section 19. There shall be in the division a commission for conservation of soil, water and related resources, hereinafter called the state commission. Said commission shall consist of thirteen voting members. The thirteen voting members shall include four ex-officio and nine appointed members. The ex-officio members shall be the commissioners of the departments of food and agriculture, environmental protection, environmental management, and fish and game or their designees. The nine appointed members shall be appointed by said ex-officio members as follows:— the chairman or his designee of each of the six divisions of conservation districts, established by section twenty, one from a list of two names submitted by the executive committee of the State Grange, one from a list of two names submitted by the executive committee of the Massachusetts Farm Bureau Federation, and one from a list of two names submitted by the executive committee of the Massachusetts Association of Conservation Commissions. The state conservationist of the United States Soil Conservation Service, the state executive director of Agriculture Stabilization for Conservation Service and the dean of the college of food and natural resources at the University of Massachusetts, Amherst shall offer their technical expertise to the commission from time to time as advisory members. Appointed members shall serve for terms of four years, except that the nine members of the state commission initially appointed shall be appointed for terms of one, two, three and four years, respectively, as the members ex-officio may designate and until qualification of their successors. Each appointed member of the state commission shall receive, subject to appropriation, fifty dollars for each day for his services. The state commission shall hold regular meetings on the second Thursday in the months of January, April, July, October, and in addition shall hold meetings at the call of the chairman or on the request of any seven members. The state commission shall annually elect a chairman who is not an ex-officio member and a secretary from among the voting members of the commission. A majority of the voting members of the state commission shall constitute a quorum, and the concurrence of a majority in a matter within their duties shall be required for its determination.
Appointed members may be removed by the state commission after notice in writing that said member has failed to attend at least three regular meetings in any one year. Vacancies on the commission shall be filled as provided for in this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 21 - Conservation Districts; Formation, Change of Boundaries or Dissolution of District; Procedure

Section 21. Whenever the state commission receives a petition signed by at least one hundred land occupiers, herein defined as owners, lessees or tenants in possession, residing within an area proposed for the establishment of a conservation district, or whenever the state commission receives a petition for a change in the boundaries of an existing district from the governing body of the district or districts affected or from a majority of the land occupiers who would be affected by such change of boundaries, or whenever the state commission receives a petition for the dissolution of a district signed by at least one hundred land occupiers residing within the district, the following procedure shall be complied with:
(1) Upon the receipt of such petition, the state commission shall as soon as possible set a date for a public hearing upon the question of the establishment of the district, the change in the boundaries of an existing district, or the dissolution of the district, as the case may be, and shall cause notice to be given of such hearing at least ten days prior to the date set therefor, by publication in a newspaper having general circulation in the area affected. Such hearing shall be held by the state commission within the affected area. All interested parties shall have the right to attend such hearing and to be heard.
(2) If the state commission determines after such hearing that a majority of the land occupiers who would be affected by the organization of the district, the change in the boundaries of the district, or the dissolution of the district, as the case may be, are in favor of the proposal contained in the petition, and that such proposal is in the best interests of the district or in the public interest, the state commission shall record such determinations; and thereupon the district shall be established, the boundaries of the district changed, or the district dissolved, as may be appropriate.
(3) If a conservation district is dissolved, the supervisors shall forthwith proceed to terminate the affairs of the district and shall dispose of all property belonging to the district as directed by the director. Any sums remaining on hand after payment of district obligations shall be paid into the state treasury and shall be subject for a period of three years to claims against the district or the supervisors acting in their official capacity to the extent that such claims are found valid.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 22 - Conservation Districts; Supervisors of Districts

Section 22. Within sixty days after the state commission has established a conservation district it shall appoint a board of no less than five no more than seven district supervisors who shall be individual land occupiers residing on or owning land within the district. Supervisors originally appointed hereunder shall serve for terms of one, two, and three years, respectively. Successors shall serve for terms of three years. Successors for full terms of three years shall be elected or removed for cause by the land occupiers in the district. The state commission shall give public notice of each such election by publication in a newspaper published in the district or having a general circulation therein at least ten days prior thereto. The state commission shall prescribe regulations for the conduct of such elections, which elections shall be conducted by the chairman of the state commission or his designated representative. The person receiving the highest number of votes for any office to be filled at such election shall be declared elected. All supervisors shall serve until the qualification of their respective successors. Vacancies shall be filled by the state commission for the unexpired term. District supervisors shall be paid at a rate established by the director, with the concurrence of the state commission for each day of actual service rendered and their necessary traveling and other expenses, subject to appropriation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 23 - Conservation Districts; Supervisors as Governing Body

Section 23. The supervisors of a conservation district shall be the governing body thereof. They shall designate from their membership a chairman and may from time to time change such designation. They may delegate to one or more of their members such powers and duties as they shall deem proper. They shall furnish the director and the state commission, upon request copies of such rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ, and such other information as may be required.
The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, for the keeping of records of all proceedings and orders issued or adopted, and for an annual audit of the accounts of receipts and disbursements.
The supervisors may invite the governing body of any political subdivision of the commonwealth, or any department, board or commission thereof, to designate a representative to advise and consult with them on questions of programs and policies which may affect the property, water supply, natural resources conservation or other interests of such political subdivision or agency thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 26 - Division of Water Pollution Control

Section 26. There shall be in the department of environmental protection, a division of water pollution control, hereinafter in this section and in sections twenty-seven to fifty-three, inclusive, called the division. The division shall be headed by a director who shall be appointed and may be removed by the commissioner, and shall not be subject to section nine A of chapter thirty or to chapter thirty-one. The director shall be responsible for carrying out the work of the division under the supervision, direction and control of the commissioner. The director shall be qualified by training and experience to carry out the duties of the division. No person may serve as director who received, or who has during the preceding two years received, ten per cent or more of his income directly or indirectly from persons who are required to obtain discharge permits under section forty-three, and the attorney general upon request may issue guidelines and such opinions as may be necessary to implement this provision.
The commissioner may appoint and remove a deputy director for the division who shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty, and such other professionals, technical and clerical assistants and consultants as may be necessary.
The water resources commission shall advise the commissioner on administration and enforcement of this chapter.
Said division of water pollution control shall be subject to the supervision, control and direction of the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 29 - Status of District; District Commission; Membership; Executive Director; Treasurer; Personnel

Section 29. Each district shall be a body politic and corporate and shall have a commission to be known as the district commission.
Except as provided in the following paragraph, the district commission shall consist of two members from each town included in whole or in part in the district selected by the board of selectmen of such town and two members from each city included in the district selected by the city council. If only part of a town is included in the district, at least one of the two members so selected shall, unless impracticable, be a resident in the part so included; provided, however, that whenever a town or city has a population exceeding twenty thousand persons resident within such district, the board of selectmen or the mayor, but in the case of the city having a Plan D or Plan E charter the city manager, shall, if the resident population does not exceed fifty thousand persons, designate one additional person, or, if it exceeds fifty thousand persons, two additional persons, to serve as members of the district commission.
In the event of the formation of a mandatory district, the district commission shall consist of three members appointed by the director, with the approval of the water resources commission.
Each member of the commission shall be sworn and shall serve for three years or until his successor is selected and qualified.
The district commission shall employ a registered professional engineer who shall be the executive director of the district, and a person with accounting and financial experience who shall be the treasurer of the district, and shall fix their respective salaries. Said director shall be the executive and administrative head of the district, and the treasurer shall give a bond for the faithful performance of his duties in an amount required by the director.
The executive director may, with the approval of the district commission, employ such other persons as he shall deem necessary, and such persons shall be subject to the provisions of chapter thirty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 30a - Grants for Construction of Collection Systems

Section 30A. The division may make grants to public entities for the costs of constructing collection systems. Subject to appropriation, such grants shall be made in accordance with the priority system and list established for this section by regulation of the director, and, in no event, shall exceed fifty per cent of the construction costs of such projects, as determined by the division. No project shall be eligible for a grant under this section unless the abatement facilities to which the project facilities would be added have been constructed or have received a grant for construction under section thirty-three. No project shall be eligible for a grant under this section if the sewage flows to be added by the use of the project facilities would result in or contribute to a condition in violation of this chapter, or any regulation, permit or order issued or adopted thereunder. No grant made under this section shall exceed three million dollars. The division shall not award a grant under this section to a public entity which has accepted another such grant within the previous year, unless the division determines, in accordance with the priority system and list for a given fiscal year, that all other projects which are ready to proceed have been brought to the fundable list for such fiscal year.
Payments of financial assistance by the commonwealth pursuant to this section shall be made in accordance with a payment schedule established by the division with the approval of the commissioner of administration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 31 - Development of Comprehensive Water Pollution Abatement, Integrated Water Asset Management or Green Infrastructure Opportunities Plans; Planning or Technical Assistance Grant

Section 31. A public entity, including regional planning agencies, may apply to the division for a planning or a technical assistance grant by the commonwealth for the following purposes: assisting a public entity in developing a comprehensive water pollution abatement plan for the public entity; assisting a public entity in developing an integrated water asset management plan for the public entity; or assisting a public entity identify and plan for green infrastructure opportunities for the public entity. The division may accept and shall give preference to planning and technical grants applied for jointly by 2 or more public entities. Upon approval by said division, the division may grant for such purpose, a sum not to exceed 30 thousand dollars. In no case shall a grant exceed the reasonable and necessary cost of such planning, after subtracting therefrom any federal grant made to such public entity for the same purpose. The division may direct that such planning be undertaken in such manner as to maximize federal reimbursement, or to minimize the cost to the commonwealth, including, in appropriate cases, metropolitan-wide comprehensive planning and programming for co-ordinating activities affecting the development of the area. Planning or technical assistance grants authorized under this section need not be repaid to the commonwealth, and shall be in addition to financial assistance made available under other sections of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 31a - Matching Grant Program for Communities Who Desire to Join the Massachusetts Water Resources Authority or Other Regional System for Wastewater, Drinking Water or for Both Wastewater and Drinking Water

Section 31A. Subject to appropriation, the department of environmental protection shall administer a matching grant program for communities who desire to join the Massachusetts Water Resources Authority or any other regional system for wastewater, drinking water or for both wastewater and drinking water. Each grant shall match, on a 1:1 basis, money committed by a local government unit or a regional local governmental unit, as defined in section 1 of chapter 29C, to pay the entry fee established by the: Massachusetts Water Resources Authority, under section 8 of chapter 372 of the acts of 1984; or other fees required to join a regional system. The department shall award grants only to a local governmental unit or regional local governmental unit that satisfies the department that it has committed funds to join said Authority or regional system. Should the local governmental unit or regional local governmental unit fail to join said Authority or regional system after receiving a grant under this section, the local governmental unit or regional local governmental unit shall return money granted under this section to the department.
For the purpose of this section, the term ''regional system'' shall include any system established by mutual agreement of 2 or more municipalities or by a county in which all municipalities of said county have an agreement to provide drinking water or wastewater services, or both, through shared facilities, sources or distribution networks.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 33a - Financial Assistance in Towns of More Than 20,000 Inhabitants

Section 33A. Notwithstanding the provisions of section thirty-three, if a town having a population of more than twenty thousand inhabitants according to the latest federal census, has received a grant from the division equal to sixty per cent of the cost of construction, the division shall make an additional grant to said town to ensure a total of ninety per cent federal and state funding on the eligible portions of the project or projects of said town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 33b - Engineering Reports of Plans for Facilities; Failure of Governmental Units to Submit as Ordered; Preparation by Director; Distribution of Costs

Section 33B. If any city, town or special district, or other existing governmental unit authorized to construct, own, operate, extend or improve abatement facilities as defined in section thirty, fails to comply with an order of the director to submit a preliminary engineering report of final engineering plans to the division for approval, the director may, with the approval of the water resources commission, act in behalf of such city, town, special district, or other existing governmental unit to prepare or cause to be prepared a preliminary engineering report or final engineering plans. Where more than one city, town or portion thereof is included in a district, the costs shall be distributed between or among such cities and towns according to a formula established by the division of water pollution control.
Nothing in this section shall be construed to prevent any city, town, special district, the Massachusetts Water Resources Authority, or other existing governmental unit who fails to comply with an order of the director from being eligible for financial assistance from the commonwealth and from the United States government.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 33c - Action by Director Pursuant to Sec. 33b; Contract for Engineering Reports Authorized

Section 33C. When it is necessary for the director of the division of water pollution to take the action referred to in section thirty-three B, said director may, with the approval of the water resources commission, contract for engineering reports or final plans from existing bond issues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 33d - Director Authorized to Order Governmental Units to Construct Facilities

Section 33D. In order to prevent or reduce discharges to the waters of the commonwealth or to implement comprehensive basin or regional plans approved by the division of water pollution control, the director of the division may order the appropriate municipalities, districts and other competent public entities to construct the necessary facilities for which financial assistance has been authorized under chapter twenty-nine C or for which construction grants are authorized under section thirty-three or section thirty-three E in accordance with timetables for compliance specified in the orders.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 33e - Water Pollution Abatement Projects; Grants

Section 33E. The department of environmental protection may make a grant to a local governmental unit as defined in chapter twenty-nine C for the eligible costs of planning, design or construction of water pollution abatement projects eligible for financial assistance under section six of said chapter twenty-nine C. The department may award grants for such projects in accordance with regulations of the department promulgated pursuant to section twenty-seven A, in amounts which, when added to the financial assistance provided by the local governmental unit, or each city, town or other public body which is a member or other service recipient thereof, under the provisions of section six of chapter twenty-nine C, will result in total financial assistance provided to or for the benefit of such local governmental unit, city, town or other public body, as determined by the department equivalent to a grant of twenty-five percent of the eligible costs of such projects. Payments of financial assistance by the commonwealth pursuant to this section shall be made in accordance with a payment schedule established by the department with the approval of the secretary of administration and finance and may, at the department's direction, be applied to the reduction of the principal balance of loans to the local governmental unit made or approved under said chapter twenty-nine C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 34 - Supervision of Operation and Maintenance of Treatment Works

Section 34. The division shall supervise the operation and maintenance of treatment works within the commonwealth, and the director may require the person owning and operating such facilities to maintain the facilities in conformance with the provisions of this chapter and any regulations, permits, licenses or orders issued thereunder, and in conformance with applicable federal law and regulations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 34a - Board of Certification of Operators of Wastewater Treatment Facilities; Members; Duties

Section 34A. There shall be within the department of environmental protection a board of certification of operators of wastewater treatment facilities. The purpose of the board shall be to insure the proper management, operation and maintenance of wastewater treatment systems and facilities. The board shall consist of nine members, as follows: the commissioner of environmental protection or his designee, the commissioner of public health or his designee, and seven members appointed by the governor. Of the members appointed by the governor, one shall be a faculty member of an accredited school of engineering, one a registered professional engineer engaged in the practice of sanitary engineering, one a member of the Massachusetts State Labor Council, AFL-CIO, one to be appointed from a list of qualified operators of wastewater treatment facilities in the commonwealth which has been recommended by the executive committee of the New England Water Pollution Control Association, one a member of the Associated Industries of Massachusetts, one to be appointed from a list of qualified persons recommended by the Massachusetts Waste Water Treatment Plan Operators Association, and one who shall be a representative of the public, subject to the provisions of section nine B of chapter thirteen. The commissioner of environmental protection or his designee shall be chairman of the board. The board shall meet at the call of the chairman. Each appointive member of the board shall receive his necessary traveling expenses incurred in the performance of official duties; provided, however, that the expenses of the members of the board, including those of such employees as it may appoint, shall not in any one year exceed its receipts. Each appointive member shall serve for a term of four years, except for persons appointed to fill vacancies who shall serve for the unexpired term. Any appointive member shall be eligible for reappointment. The division shall provide professional, technical and clerical assistance necessary for the administration and enforcement of the board's programs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 34b - Evaluation and Certification Program; Application; Certification; Fees

Section 34B. The board shall conduct a program of evaluating and certifying individuals who wish to be certified as operators of wastewater treatment facilities. The board may establish classes and categories of certifications, and the minimum qualifications and standards for said certifications. The board may prepare and conduct examinations, maintain records, and may issue, renew or deny, or suspend or revoke, after reasonable opportunity for hearing and for cause, certificates of competency. The board may adopt, amend or repeal rules and regulations for the performance of its duties.
Any individual who desires to be certified as an operator of a wastewater facility shall file with the board an application upon a form furnished by the board. Each applicant shall include in such application under oath his qualifications and shall pay with such application an application fee. Prior to issuing an original certificate, the board shall evaluate each applicant to determine his competence and fitness with respect to the class or category of certification for which certification is sought. Said evaluation shall include such examinations as the board may require. Examinations may be taken only upon payment of a nonrefundable examination fee. Prior to renewal of a certificate, the board may make such review of an applicant's competence and fitness as it deems necessary and appropriate. Such renewal shall be made only upon payment of a renewal fee.
Each certification issued by the board shall be valid only for the individual to whom it is issued, may not be transferred, and shall not continue in force and effect after the death of the individual to whom it is issued. Certification and renewals thereof shall be issued for a term not to exceed one year, unless sooner revoked.
The board may issue, for good cause shown and upon payment of a fee, a temporary emergency certification which shall be in effect for a period not to exceed six months.
Fees for the aforementioned application, examination, original certification, renewal and temporary emergency certification shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 34c - Certification Requirement; Violation; Penalty

Section 34C. No person shall manage, operate or maintain a facility used for the treatment, neutralization or stabilization of wastewater from homes, public buildings, or commercial or industrial sources or any combination thereof, unless the individual in charge of the facility is in possession of a currently valid certificate of competency issued by the board pursuant to section thirty-four B. Any person who violates any provision of this section or any valid regulation, order or permit issued by the board; or who knowingly makes any false representation in any application required under the provision of said section thirty-four B shall be punished by a fine of not more than twenty-five hundred dollars per day of such violation or by imprisonment for not more than one year, or both, or shall be subject to a civil penalty of not more than twenty-five hundred dollars per day of such violation, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 37 - Reimbursement for Costs of Water Pollution Abatement Project

Section 37. The metropolitan district commission, or any city, town or other political subdivision which prior to the sixth day of September, nineteen hundred and sixty-six had constructed or had under construction a water pollution abatement project which qualifies as an approved project as hereinbefore provided, and which project was financed in whole or in part by the proceeds of serial bonds or notes issued on or after December thirty-first, nineteen hundred and fifty-seven, under any general law or special law, shall be annually reimbursed by the commonwealth in an amount equal to thirty per cent of the principal payments of such serial bonds or notes maturing each year beginning January first, nineteen hundred and sixty-eight; provided, however, that if grants under any federal law on or after January first, nineteen hundred and fifty-six, have exceeded thirty per cent of such project's construction cost, the percentage of the principal payments to be paid by the commonwealth shall be reduced by the number of percentage points by which the federal grant exceeded thirty per cent. Reimbursements under this section shall be paid from amounts appropriated therefor from the Local Aid Fund under section 18C of chapter 58.
Any public entity which has constructed abatement facilities shall be eligible, subject to appropriation, for reimbursement of up to fifty per cent of the annual costs involved in the purchase of chemicals used for chlorination, sludge dewatering, odor control and advanced waste treatment for phosphorous removal and nitrification during the operation and maintenance of said abatement facilities. Any such public entity seeking such reimbursement shall prior to the end of any calendar year submit a statement of the cost of such chemicals used by it for said facilities during the preceding fiscal year. The division shall verify the statements of costs submitted and report upon the same to the general court. Reimbursements under this program shall be paid from amounts appropriated therefor from the Local Aid Fund under the provisions of section 18C of chapter 58.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 37c - State Assistance to Municipalities or Agencies for Aquatic Nuisance Control

Section 37C. A municipality, or group of municipalities, or an agency of the state, which desires state assistance to control aquatic nuisances may apply in writing to the department in a manner prescribed by the department. When the department finds that a proposed aquatic nuisance control program is suitable to control or minimize the effect an aquatic nuisance has on water quality and water use, it may grant an award of up to fifty percent or less of the project costs as determined by the department. Recurring maintenance projects may be awarded grants of twenty percent or less of the annual project cost. In approving requests and determining the amount of any grant, the department shall consider the following: (a) the use of the waters by persons outside the municipality in which the waters are located; (b) the long range effect of the control project; (c) the recreational use of the waters; and (d) the effectiveness of municipal shoreland zoning and other controls in minimizing or preventing existing or new development from having any adverse effects on the waters subject to the control program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 37d - Priority of Projects

Section 37D. The department shall make awards to priority projects to the extent that funds are available. First priority shall be projects to manage incipient infestations of aquatic nuisances, second priority shall be projects to prevent or control the further spread of aquatic nuisances, and third priority shall be recurring maintenance projects. In establishing priorities for individual projects, the department shall consider the following: (a) public accessibility and recreational uses; (b) the importance to commercial, agricultural or other interests; (c) the degree of local interest, as manifested by municipal or other contributions to the project; (d) local efforts to control aquatic nuisances; (e) other considerations affecting feasibility, probability of achieving long term control, necessity or advantage of the proposed work; and (f) the extent to which the control project is a development rather than a maintenance project.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 38 - Water Pollution Control, Innovative Water Technologies, Green Infrastructure Research and Demonstration Projects; Environmental Quality Studies; Management Plans; Training and Support Programs

Section 38. The director, from funds appropriated or provided by grants, with the approval of the commissioner, shall provide for the conduct of research and demonstration projects relating to water pollution control, innovative water technologies, green infrastructure and other scientific and engineering studies relating to environmental quality. Such projects and studies may include, but shall not be limited to, new and improved methods of controlling and discharge of untreated or inadequately treated sewage, stormwater, or industrial, chemical, radioactive, flammable, toxic, explosive or other wastes hazardous to the public or the environment. The director may also contract for the development of comprehensive river basin, water quality management, or waste treatment management plans. The commissioner shall also provide training and technical assistance to municipalities and other public entities in the implementation and administration of title 5 of 310 CMR 15.00 and in the development, implementation and administration of other wastewater management and water resource protection programs, including providing funding for the transfer of related technologies such as, but not limited to, computers, software and alternative wastewater treatment systems, and shall require as a condition of receipt of such training and technical assistance that municipalities and other public entities, including the local boards of health, provide advice and other reasonable assistance to homeowners in their efforts to conform with the provisions of said title 5 and to minimize the financial impact of such compliance. The director shall provide for inservice training programs in methods of water pollution control, in accordance with the provisions of section twenty-eight A of chapter seven, and may conduct or support programs for the training of waste treatment plant operators. For the purposes of this section, the director may contract with any person, or any instrumentality or agency of the federal government or of any other state, or any interstate agency.