Massachusetts Statutes

Section 2E. Members of the stewardship council shall serve without pay, but shall be reimbursed, out of any funds available for the purpose, for necessary expenses incurred in the performance of their official duties. Such reimbursement shall not in any fiscal year exceed three t…

Section 2F. The director of state parks and recreation shall work in cooperation with the director of the division of fisheries and wildlife within the department of fish and game to establish coordinated management guidelines for sustainable forestry practices on public forest l…

Section 2G. The stewardship council shall develop an oversight strategy of park management plans, capital planning and policy development. Such oversight strategies will be published annually and after a 30 day public comment period will be finalized and submitted to the Secretar…

Section 3. The commissioner of conservation and recreation shall be the executive and administrative officer of the department, and he shall exercise supervision, direction and control over all the divisions of the department in accordance with such programs and policies as may f…

Section 30. A district commission: (i) may act by a majority vote of the full commission; (ii) shall adopt by-laws and regulations for the conduct of its affairs; (iii) shall adopt a name and a corporate seal; (iv) may sue and be sued; (v) may enter into contracts, (vi) may incur…

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 n…

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 t…

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 waste…

Section 32. A district shall present a plan for abatement of water pollution to the division within one year after its establishment or such greater or lesser period as the division may prescribe. Such plan shall include detail as to the sources of pollution within the district, …

Section 33. The division may make a grant to a public entity for the eligible costs of a planning, design or construction project for abatement facilities where the federal government has awarded the public entity a grant pursuant to Title II of the FWPCA, as amended. Where (i) t…

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 divi…

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 re…

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 bo…

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 …

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 secti…

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 re…

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…

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 sai…

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 …

Section 35. The district by vote of the commissioners is authorized to issue, from time to time, general obligation serial bonds or notes of the district to pay for its share of the costs of capital outlay required in connection with the project or projects contained in an approv…

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.