SENATE DOCKET, NO. 956        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 441

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to assure uniformity in the regulation of sanitary sewage treatment and disposal..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 13 of chapter 21A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the fourth sentence thereof the following:-

Notwithstanding the provisions of any general or special law to the contrary, no municipal board of health may promulgate any such regulation which impose standards, procedures or other requirements more stringent than or otherwise exceeding those set forth in the state environmental code, and in particular Title 5 thereof, concerning any matter relating to the subsurface treatment or disposal of sanitary sewage, including without limitation the construction, alteration or inspection of any system thereof.  Provided, however, that where the board of health of any municipality determines, based upon unique local environmental concerns, supported by findings that have generally recognized scientific basis, the board of health may file a written application for approval to adopt such regulations with the commissioner of the department of environmental protection.  Such application shall include an explanation of such unique local conditions, the specific regulation or regulations sought to be adopted by the board of health and copies of the scientific data, evidence and study that forms the basis for the application.  Upon the receipt of a completed application with accompanying documentation, the commissioner of the department of environmental protection shall, within thirty days, make a written determination of whether the proposed regulations are reasonably necessary for the protection of public health, safety, welfare and the environment of said municipality and approve or disapprove said regulations.  No additional or more stringent regulations shall be adopted or become effective in any municipality until approved by the commissioner of the department of environmental protection.