Chapter 21

Section 36. The district commission shall annually determine the amounts required for the payment of principal and interest on such bonds and notes issued or to be issued by the district which will be due during the ensuing calendar year and shall apportion the amounts so determi…

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 approve…

Section 37A. The department of environmental management, in this section referred to as the department, shall administer a program for the preservation and restoration of the publicly-owned lakes and great ponds of the commonwealth. Said program shall conform to and complement th…

Section 37B. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Aquatic nuisance'', undesirable or excessive substances or populations that interfere with the recreational or ecological p…

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 nuisa…

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…

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 …

Section 38A. There shall be in the division a clean waters scholarship intern program which shall be administered by the director. The director, subject to appropriation and grants from other sources, may grant scholarships providing for the payment of room, board, tuition and ot…

Section 39. The water resources commission may, from the proceeds of bond issues authorized for water pollution control, construct or expand reservoirs at locations throughout the commonwealth for the purpose of providing low flow augmentations in time of drought and in such othe…

Section 3A. The stewardship council may designate an acting commissioner in the absence or disability of the commissioner, such acting commissioner to have the powers of the commissioner, the provisions of the general laws to the contrary notwithstanding. The position of commissi…

Section 3B. The commissioner and the division directors may employ such experts, clerks, and other employees from time to time, and for such periods as they may determine to be necessary.

Section 3C. The commissioner shall, with the approval of the stewardship council, prepare an annual budget of the department, and shall file the same pursuant to section three of chapter twenty-nine. Within ninety days after the end of each fiscal year, the commissioner shall ren…

Section 3D. The commissioner may designate acting directors during the absence or disability of a director. Such acting director shall have the powers of the director, provisions in the general laws to the contrary notwithstanding.

Section 3E. The department shall administer a program of zero interest loans to cities and towns for the acquisition of open space land utilizing monies in the Open Space Acquisition Revolving Fund established under section 2HHH of chapter 29. The department shall accept applicat…

Section 3F. Subject to appropriation, the department shall administer a program for the rehabilitation and improvement of Olmsted Parks in cities and towns of the Commonwealth. For the purposes of this section and section 3G the term ''Olmsted Park'' shall mean a municipal park d…

Section 3G. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Olmsted Park Improvement Fund to be administered by the department and used without prior appropriation for the purposes of providing rehabilitation and improvement…

Section 40. The director, his authorized representative, or personnel of the division of watershed management in the metropolitan district commission or of the Massachusetts Water Resources Authority may enter at reasonable times any property, public or private, for the purpose o…

Section 41. The water resources commission shall from time to time recommend to the governor and the interstate water pollution control commission programs for interstate river basin water quality control and water pollution abatement, and for interstate compacts with neighboring…

Section 42. Any person who, directly or indirectly, throws, drains, runs, discharges or allows the discharge of any pollutant into waters of the commonwealth, except in conformity with a permit issued under section 27 or 43; or who violates any provision of this chapter, any vali…

Section 43. (1) For purposes of this section, ''permit proceeding'' includes the consideration of any application for a permit and of any proposal or request to suspend, revoke, modify or renew a permit. ''Permit determination'' means the decision of the director upon such applic…

Section 43A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ″Combined sewer system″, a sewer system designed to collect and convey storm water runoff and sewage in shared piping. ″Department″, th…

Section 44. (1) Whenever it appears to the director that there are discharges of pollutants without a required permit, or that such discharges are in violation of a permit issued under this chapter, or in contravention of any regulation, standard or plan adopted by the division, …

Section 45. Any proposal to suspend or revoke a permit, in whole or in part, under paragraph (10) of section forty-three, including any proposed reduction in an authorized discharge, and any cease and desist order under paragraph (1) of section forty-four, shall inform the person…

Section 46. The attorney general may, upon request of the director, bring action for injunctive relief against any person violating a provision of this chapter, or of any permit, order, regulation or determination issued thereunder, and the superior court in equity shall have jur…

Section 46A. Any person aggrieved by an order, permit determination or other action of the director, other than an order consented to, may obtain judicial review by filing an application for review in the superior court within thirty days after receipt of notice of the final deci…

Section 48. The director shall annually submit to the budget director the estimates required by sections three and four of chapter twenty-nine, and shall file an annual report as required by sections thirty-two and thirty-three of chapter thirty.

Section 50. The division shall have the power to license all terminals in the commonwealth for the loading or discharge of petroleum products from vessels, and may issue reasonable rules and regulations in connection therewith for the purposes of protecting the public safety and …

Section 50A. Notwithstanding the provisions of section fifty, every owner or operator of an oil terminal or wharf shall employ a trained crew and have a boom, on terminal property or readily available under a plan with other persons complying with the law or rules and regulations…

Section 50B. As used in sections 50C to 50E, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meaning:— ''Area of special interest'' any water of the commonwealth that is found by the secretary of environmental affairs to con…

Section 50C. (a) Any vessel, whether or not self-propelled, in or entering upon the waters of the commonwealth for the purpose of transporting, discharging or receiving a cargo of oil, hazardous material, or hazardous waste, shall be subject to the financial assurance requirement…

Section 50D. For the purpose of investigating a maritime spill incident resulting in, or reasonably likely to result in, either directly or indirectly, a discharge of oil, hazardous material, or hazardous waste, to the waters of the commonwealth, the environmental police officers…

Section 50E. The secretary of environmental affairs or his designee shall identify specific ''areas of special interest'' within the waters of the commonwealth as defined in section 50B to include or exclude areas based on scientific research and observation regarding areas of cr…

Section 51. The division shall represent the commonwealth in its relations with the federal government and with cities, towns and authorities in all matters relating to oil pollution in the waters of the commonwealth or off-shore waters. It may enter into agreements with said age…

Section 52A. Every automobile service station, marina serving powered watercraft and retail outlet selling automobile lubricating oil shall, no later than June thirtieth, nineteen hundred and seventy-four, install on the premises and maintain waste oil retention facilities, prope…

Section 53. Sections twenty-six to fifty-three, inclusive, shall be known and referred to as the Massachusetts Clean Waters Act and the officers of the division of law enforcement shall, upon request of the water resources commission or the division of water pollution control, in…

Section 53A. All municipalities or sewer districts within the jurisdiction of the Massachusetts Water Resources Authority, but not including communities serviced by the Connecticut Valley Aqueduct shall institute sewer charges and fees that incorporate a base rate for all users; …

Section 54. The division of mineral resources shall be within the department of environmental protection in this section and in section fifty-five called the department and shall be under the administrative supervision of a director who shall administer the laws, rules and regula…

Section 55. Said director with the approval of the department shall cooperate with all departments, boards, officials and institutions of the commonwealth and its political subdivisions that may in any way be concerned with matters under its supervision; cooperate and consult wit…

Section 56. No person shall explore by seismic, electronic or any other method for mineral resources on or in said coastal waters or lands thereunder without a license from said director. No person shall, except for purposes of exploration permitted under a license, extract miner…

Section 59. (a) The secretary of environmental affairs shall establish a program to assist the commonwealth in the acquisition of watershed preservation restrictions, as defined in section 31 of chapter 184, for land classified as watershed land as defined in regulations to be pr…

Section 60. There is hereby created a watershed lands preservation committee in the department of conservation and recreation, the members of which shall be the commissioner of conservation and recreation, the secretary of environmental affairs, the director of the Massachusetts …

Section 61. The commissioner of conservation and recreation shall prepare an annual report on the watershed preservation restriction program. The report shall include the number and geographic distribution of applicants accepted and rejected, the acreage and cost of purchase and …

Section 62. Land under watershed preservation restriction, while remaining under such restriction, shall be assessed for general tax purposes, to reflect the diminution of land value which may be caused by such watershed preservation restriction.

Section 63. Whenever the department deems it necessary to make surveys, soundings, drillings or examinations to obtain information for or to expedite the construction of its watershed system, parks, recreational facilities or other projects under its jurisdiction, the department,…

Section 64. The commissioner of conservation and recreation, in conjunction with the commissioner of fish and game, the division of fisheries and wildlife, and the riverways program, or any successor agencies, shall annually, on or before June 30, submit a detailed report on all …

Section 65. (a) As used in this section and section 66, the following words shall, unless the context clearly require otherwise, have the following meanings:— ''High hazard dam'', a dam located where structural failure will likely cause loss of life and serious damage to homes, i…

Section 66. The department may consult with and receive inspection and other support from the department of fish and game, the division of fisheries and wildlife and the riverways program, or any successor agencies, to accomplish its duties pursuant to sections 64 and 65 of this …

Section 67. (a) For the purposes of this section, ''irrigation system'' shall mean any assemblage of components, materials or special equipment, which are constructed and installed underground or on the surface, for controlled dispersion of water from any safe and suitable source…

[There is no 21:6H.]

Section 8. The division of water supply protection, hereinafter called the division, shall be under the supervision and control of the commissioner of department of conservation and recreation.