reglab/statecodes huggingface dataset:
2023 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 38 - Acquisition of Land for Road Materials

Section 38. The county commissioners, aldermen or selectmen or road commissioners may purchase or select and lay out land within their respective counties, cities or towns, not appropriated to public uses or owned by any other town, from which may be taken materials necessary for the construction, repair or improvement of public ways; and may lay out such ways as they consider necessary for convenient access thereto. All proceedings relative to such land and ways shall be the same as are provided in the laying out of other ways, and if it is necessary to acquire land for the purposes of this section, the same may be taken by eminent domain under chapter seventy-nine.
2023 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 39 - Commencement of Proceedings

Section 39. Petitions to the county commissioners relative to highways and town ways may be filed with and the recognizance taken by the clerk of said commissioners, and such filing shall be the commencement of proceedings.
2023 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 40a - Excavations; Notice

Section 40A. No excavator installing a new facility or an addition to an existing facility or the relay or repair of an existing facility shall, except in an emergency, make an excavation, in any public or private way, any company right-of-way or easement or any public or privately owned land or way, unless at least 72 hours, exclusive of Saturdays, Sundays and legal holidays but not more than 30 days before the proposed excavation is to be made, such excavator has premarked not more than 500 feet of the proposed excavation and given an initial notice to the system. Such initial notice shall set forth a description of the excavation location in the manner as herein defined. In addition, such initial notice shall indicate whether any such excavation will involve blasting and, if so, the date and the location at which such blasting is to occur.
Any professional land surveyor working on a preliminary design for a new facility or renovation where excavation is necessary shall: (i) premark the proposed excavation; and (ii) provide initial notice to the system.
The notice requirements shall be waived in an emergency as defined herein; provided, however, that before such excavation begins or during a life-threatening emergency, notification shall be given to the system and the initial point of boring or excavation shall be premarked. The excavator shall ensure that the underground facilities of the utilities in the area of such excavation shall not be damaged or jeopardized.
In no event shall any excavation by blasting take place unless notice thereof, either in the initial notice or a subsequent notice accurately specifying the date and location of such blasting shall have been given and received at least 72 hours in advance, except in the case of an unanticipated obstruction requiring blasting when such notice shall be not less than four hours prior to such blasting. If any such notice cannot be given as aforesaid because of an emergency requiring blasting, it shall be given as soon as may be practicable but before any explosives are discharged.
2023 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 40b - Designation of Location of Underground Facilities

Section 40B. Within 72 hours, exclusive of Saturdays, Sundays and legal holidays, from the time the initial notice is received by the system or at such time as the company and the excavator or professional land surveyor agree, such company shall respond to the initial notice or subsequent notice by designating the location of the underground facilities within 15 feet in any direction of the premarking so that the existing facilities are to be found within a safety zone. Such safety zone shall be so designated by the use of standard color-coded markings. The providing of such designation by the company shall constitute prima facie evidence of an exercise of reasonable precaution by the company as required by this section; provided, however, that in the event that the excavator or professional land surveyor has given notice as aforesaid at a location at which because of the length of excavation the company cannot reasonably designate the entire location of its facilities within such 72 hour period, then such excavator or professional land surveyor shall identify for the company that portion of the excavation which is to be first made and the company shall designate the location of its facilities in such portion within 72 hours and shall designate the location of its facilities in the remaining portion of the location within a reasonable time thereafter. When an emergency notification has been given to the system, the company shall make every attempt to designate its facilities as promptly as possible. A company shall conduct periodic audits to ensure: (i) the accuracy of the designated location and marking of its facilities; and (ii) its adherence to marking standards.
2023 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.
2023 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.
2023 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 public utilities, 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. The department of public utilities may require any person or company not in compliance with sections 40A to 40E, inclusive, to complete a ''Dig Safe'' training program in lieu of a fine for a first offense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82a - Excavation and Trench Safety › Section 2 - Trench Excavating Permits; Permits Issued by Board or Officer; Certificate of Insurance; Fees

Section 2. Each city, town or public agency shall designate 1 board or officer to issue permits for the excavation of trenches on privately owned land and for the excavation of a public way of a city or town. The permits, when issued, shall include a summary of sections 40 to 40D, inclusive, of chapter 82 and a summary of regulations promulgated by the office of public safety and inspections of the division of occupational licensure relative to chapter 146. No person shall, except in an emergency, contract for the making of or make a trench, in any public way, public property, or privately owned land until a permit is obtained from the appropriately designated person within the city, town, or public agency that is authorized to issue the permit. The person shall notify the local permitting authority of the exact location of the trench. A person making application for a trench excavation permit shall produce a certificate of insurance with general liability coverage of $100,000 per person and $300,000 per claim or provide evidence of self-insurance in equal amounts. The local permitting authority may charge a reasonable fee to cover the administrative costs of the trench excavation permitting process incurred by the municipality in connection with the review and processing of the permits; but, a gas company, as defined in section 1 of chapter 164, or any corporation that is subject to the provisions of chapter 165, 166 or 166A which has already paid a fee in order to attain a permit to excavate a public way of a city or town shall not be responsible for paying an additional fee for the same excavation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82a - Excavation and Trench Safety › Section 3 - Form of Trench Excavation Permits; Required Statements

Section 3. A permit to excavate a trench issued pursuant to this chapter may be in any form authorized by the local permitting authority, but shall include the following statements:
(1) A trench shall not be excavated unless the requirements of sections 40 to 40D, inclusive, of chapter 82, and any accompanying regulations, have been met and this permit is invalid unless the requirements have been complied with by the excavator applying for the permit including, but not limited to, the establishment of a valid excavation number with the underground plant damage prevention system as provided in section 76D of chapter 164.
(2) Trenches may pose a significant health and safety hazard. Pursuant to section 1 of chapter 82, an excavator shall not leave any open trench unattended without first making reasonable efforts to eliminate any recognized safety hazard that may exist as a result of leaving the open trench unattended. Excavators should consult regulations promulgated by the office of public safety and inspections of the division of occupational licensure in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by the department to eliminate safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry.
(3) Persons engaging in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650 et. seq., entitled Subpart P ''Excavations''.
(4) Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to operate said equipment by the office of public safety and inspections of the division of occupational licensure pursuant to said chapter 146 and this permit shall be presented to the licensed operator before excavation is commenced.
(5) By applying for, accepting and signing this permit, the applicant hereby attests to the following: (i) that he has read and understands the regulations promulgated by the department of public safety with regard to construction related excavations and trench safety, (ii) that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650 et. seq., entitled Subpart P ''Excavations'', and (iii) that he is aware of and has, with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of his permit application, complied with the requirements of sections 40 to 40D, inclusive, of chapter 82 and with the requirements set forth in this chapter.
(6) This permit shall be posted in plain view on the site of the trench.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 9 - Obstruction of Ditches

Section 9. Whoever, by himself, his agents or servants, deposits in or along any ditch or drain constructed under section four any material which will obstruct the flow of water therein shall be punished by a fine of ten dollars, and shall be liable in tort to the commonwealth, the county, city or town controlling the ditch or drain for all damages caused thereby, for the cost and expense of removing the obstructing material and of restoring the ditch or drain to its former condition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 10 - Rules and Regulations Regarding Use and Connections

Section 10. A city, town or sewer district may, from time to time, prescribe rules and regulations regarding the use of common sewers to prevent the entrance or discharge therein of any substance which may tend to interfere with the flow of sewage or the proper operation of the sewerage system and the treatment and disposal works, for the connection of estates and buildings with sewers, for the construction, alteration, and use of all connections entering into such sewers, and for the inspection of all materials used therein; and may prescribe civil penalties, not exceeding five thousand dollars for each day of violation of any such rule or regulation. A city, town, sewer district, or a district established for the purpose of managing stormwater, pursuant to section 1A of chapter 40, may from time to time prescribe rules and regulations for the use of main drains and the management of stormwater to prevent the discharge of sediment and pollutants therein which may tend to degrade wetlands, streams, other surface water bodies, and groundwater and to inspect the facilities for the collection and infiltration of stormwater in order to reduce flooding and improve the quality of and decrease the quantity of stormwater runoff; for the connection of estates and buildings with main drains; for the construction, alteration, and use of all connections entering into such main drains; and for the inspection of all materials used therein; and may prescribe civil penalties, not exceeding $5,000 for each day of violation of a rule or regulation. Such rules and regulations shall be published once in a newspaper published in the city or town, if there be any, and if not, then in a newspaper published in the county, and shall include a notice that said rules and regulations shall be available for inspection by the public, and shall not take effect until such publication has been made.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 11 - Sewer Connections

Section 11. The board of health of a town may require the owner or occupant of any building upon land abutting on a public or private way, in which there is a common sewer, to connect the same therewith by a sufficient drain, and such owner or occupant who fails to comply with such order shall be punished by a fine of not more than two hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 12 - Repair of Private Drains

Section 12. If a city council or a town accepts this section or has accepted corresponding provisions of earlier laws, the board of health may require the owner or occupant of an estate which drains into a private drain in a public or private way to put such drain in good repair and condition. If he fails to comply with said order within ten days after notice thereof, he shall be punished by a fine of not more than twenty dollars for every day during which such failure continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 13 - Equity Jurisdiction

Section 13. The supreme judicial court and the superior court shall have jurisdiction in equity to restrain the unlawful use of common sewers or the placing or depositing of materials therein or the violation of regulations regarding the use thereof made under section ten, and to enforce the provisions of sections five to seven, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 14 - Sewer Assessments; Authorization

Section 14. A person who enters his particular drain into a main drain or common sewer, or who by more remote means receives benefit thereby for draining his land or buildings, shall pay to the town a proportional part of the charge of making and repairing the same, and of the charge, not already assessed, of making and repairing other main drains and common sewers through which the same discharges, which shall be ascertained, assessed and certified by the aldermen, sewer commissioners, selectmen or road commissioners.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 15 - Sewerage Systems; Adoption; Assessment; Uniform Units; Separation of Costs

Section 15. The city council of a city or a town may adopt a system of sewerage for a part or the whole of its territory, and may provide that assessments under section fourteen shall be made upon owners of land within such territory by a fixed uniform rate or a rate based upon a uniform unit method.
A fixed uniform rate shall be based upon the estimated average cost of all the sewers therein, according to the frontage of such land on any way in which a sewer is constructed, or according to the area of such land within a fixed depth from such way, or according to both such frontage and area; but no assessment in respect to any such land, which by reason of its grade or level or any other cause cannot be drained into such sewer, shall be made until such incapacity is removed. If the assessment is according to the area within such fixed depth, the lien therefor shall attach to the parcel assessed.
A uniform unit method shall be based upon sewerage construction costs divided among the total number of existing and potential sewer units to be served, after having proportioned the cost of special and general benefit facilities. Each sewer unit shall be equal to a single family residence. Potential sewer units shall be calculated on the basis of zoning then in effect. Existing and potential multifamily, commercial, industrial and semipublic uses shall be converted into sewer units on the basis of residential equivalents.
A city by ordinance or a town by by-law may separate the costs of general benefit facilities, including but not limited to pumping stations, trunk and force mains, from that of special benefit facilities, including but not limited to the sewer mains, serving adjacent properties. A portion of costs of the general benefit facilities may be apportioned by the uniform unit method on all areas to receive benefits within the pumping district or combination of districts. The cost of the general benefit facilities, attributable to undeveloped land not abutting a sewered street, may not be assessed until properties are serviced by public sewerage. The proportional cost of the special benefit and general benefit facilities may be assessed against all properties abutting a sewered street.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 15a - Redetermination of Assessment

Section 15A. Any city at any meeting of the proper municipal authority, or any town at a town meeting, may, from time to time, redetermine the uniform rate or uniform unit fixed under section 15, or under any special law, and charged to abutters for, or to the existing and potential sewer units to be served by, the construction of sewers, but this section shall not apply to the Massachusetts Water Resources Authority.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 15b - Estimated Sewer Assessments; Construction of Water Pollution Control Facilities

Section 15B. A city or town may assess and collect estimated sewer assessments in connection with the construction of water pollution collection, pumping, treatment and disposal facilities. The total amount of such estimated sewer assessments shall not exceed one-half of the municipality's liability under all contracts it has entered into for the construction of such facilities, and the total of such estimated assessments shall be allocated by the same method to be used for the allocation of the actual assessments upon the completion of the work.
When the final costs of construction of the facilities has been determined, the city or town may assess and collect actual sewer assessments. The provisions of chapter eighty relative to the apportionment, division, interest and collection of assessments shall apply to estimated assessments under this section, but the provisions of chapter eighty relating to abatements shall not apply to estimated assessments under this section.
Revenues from estimated assessments under this section shall be dedicated to the payment of the costs of constructing the facilities or to paying the principal and interest on any debt issued in connection with the construction of the facilities, until all such costs and debt service obligations have been paid in full.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 15c - Interest on Unpaid Balance of Sewer Betterment Assessment

Section 15C. Notwithstanding any general or special law to the contrary, a city or town that accepts this section may assess and collect interest on an unpaid balance of a sewer betterment assessment at a rate up to 2 per cent above the net rate of interest chargeable to the city or town for the project to which the assessment relates.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 15d - Apportionment of Future Sewer Assessments or Unpaid Balances

Section 15D. Notwithstanding any general or special law to the contrary, a city or town that accepts this section may apportion all future sewer assessments or unpaid balances of assessments over a period not to exceed 30 years, and may structure the payments so that the amounts payable in the several years for principal and interest combined are as nearly equal as practicable. These equal payments may be further apportioned and collected by the city or town on quarterly tax bills at the option of the city or town. An owner of land assessed may pay the total remaining principal amount due without a prepayment penalty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 83 - Sewers, Drains and Sidewalks › Section 16 - Charge for Use of Sewers

Section 16. The aldermen of any city or the sewer commissioners, selectmen or road commissioners of a town, may from time to time establish just and equitable annual charges for the use of common sewers and main drains and related stormwater facilities, which shall be paid by every person who enters his particular sewer therein. The money so received may be applied to the payment of the cost of maintenance and repairs of such sewers or of any debt contracted for sewer purposes. In establishing quarterly or annual charges for the use of main drains and related stormwater facilities, the city, town, or district may either charge a uniform fee for residential properties and a separate uniform fee for commercial properties or establish an annual charge based upon a uniform unit method; but, the charge shall be assessed in a fair and equitable manner. The annual charge shall be calculated to supplement other available funds as may be necessary to plan, construct, operate and maintain stormwater facilities and to conduct stormwater programs. The city, town or district may grant credits against the amount of the quarterly or annual charge to those property owners who maintain on-site functioning retention/detention basins or other filtration structures as approved by the stormwater utility, conservation commission, or other governmental entity with appropriate authority.