Massachusetts General Laws
Chapter 21 - Department of Environmental Management
Section 27a - Water Pollution Abatement Projects; Certification; Financial Assistance; Eligibility

Section 27A. (a) The department of environmental protection shall cooperate with the board of trustees of the Massachusetts Clean Water Trust established by chapter twenty-nine C to achieve the water pollution abatement objectives of the commonwealth intended to be advanced by the trust. As a prior necessary condition to the award of a loan by the trust to a local governmental unit to finance costs of a water pollution abatement project, the board shall receive a certificate issued by the department approving the project and certifying those costs of the project determined by the department to be eligible for financial assistance pursuant to section 6 of chapter 29C. The department may approve a loan for costs of a project not eligible for financial assistance pursuant to said section 6; provided, however, that no federal capitalization grants or associated matching grants from the commonwealth shall be applied to fund or secure a loan for any such costs unless otherwise approved by the board. Any project approval by the department may require that financial assistance provided by the trust to a regional local governmental unit shall be allocated and credited to each city or town, or board, commission or agency thereof, which is a member or other service recipient of the regional local governmental unit in accordance with regulations establishing a classification system for project approvals promulgated by the department pursuant to this section. Any project approval by the department may also contain such other conditions and limitations as the division shall deem necessary to implement its powers and prerogatives under this chapter.
(b) Any water pollution abatement project or part thereof shall be eligible for loan approval if included on the priority lists pursuant to the priority systems under section thirty A, thirty-three and the last paragraph of section twelve of chapter two hundred and eighty-six of the acts of nineteen hundred and eighty-two, for commonwealth fiscal year nineteen hundred and ninety-one or any later commonwealth fiscal year. The department, by regulation, may adopt such modifications to the priority systems and the priority lists for purposes of this section, including limitations on the amount of total financial assistance that a local governmental unit is authorized to receive in any fiscal year, as shall be consistent with the loan programs of the trust and necessary to comply with the requirements of law.
(c) The department shall cooperate with the trust in the development of capitalization grant agreements and other agreements for federal capitalization grants under Title VI of the Clean Water Act and may enter into such agreements and other undertakings with the trust and applicable federal agencies as necessary to secure to the commonwealth the benefits of Title VI of the Clean Water Act. The trust and department shall enter into an operating agreement for implementing their respective rights, duties and obligations with respect to the approval of water pollution abatement projects and the costs thereof and the award of loans and grants to finance such costs under chapter twenty-nine C, this section and section thirty-three E. The operating agreement shall provide that the board shall award a loan to a local governmental unit to finance all eligible costs of any water pollution abatement project approved by the department and not otherwise provided for by a grant awarded by the department.
(d) The department shall have and shall exercise all powers and duties otherwise conferred upon the division by law with respect to the regulation and supervision of water pollution control abatement projects in the commonwealth, which powers and duties shall in no respect be diminished by this section or chapter twenty-nine C. Regulations, procedures and guidelines shall be promulgated by the department for the efficient administration of its regulatory and supervisory powers in respect of the approvals and prerogatives reserved to the department concerning water pollution abatement projects for which loans are requested from the trust. Such regulations, procedures and guidelines shall include, without limitation, (1) provisions for priority systems, priority lists and the determination of eligible project costs; (2) establishment of a classification system taking into account the financial capability of the respective responsible local governmental units and, in the case of regional local governmental units, each city, town or other service recipient thereof; (3) in cooperation with the secretary of environmental affairs, such modifications to rules and regulations under sections sixty-two to sixty-two H, inclusive, of chapter thirty as may be necessary to comply with federal law applicable to projects and loan approvals; and, (4) notwithstanding any provision of special law to the contrary, provisions for compliance by local governmental units with regulatory requirements in the construction and operation of projects. Regulations adopted pursuant to clause (4) shall include, without limitation, requirements that (a) applicants for such assistance must demonstrate that these projects are consistent with existing state, regional and local water resource and wastewater planning requirements including but not limited to (1) river basin water quality plans pursuant to section 303(e) Federal Clean Water Act; (2) nonpoint source management plans pursuant to section 319, Federal Clean Water Act; (3) estuaries management plans pursuant to section 320 of the Federal Clean Water Act; (4) local water resource management plans pursuant to regulations of the water resources commission; (5) water emergency planning pursuant to chapter twenty-one G. Applicants shall certify that land use and other controls in place are consistent with the wastewater system service populations projected in the applicants facilities plan. Failure by any public entity to implement and conform with the land use and other controls upon which such certification is based and over which it has direct authority, including without limitation issuance of permits or approvals not in conformity with such controls, failure to enforce such controls, or revision of such controls without making appropriate compensation for any increased wastewater flows, shall be violations of this chapter, and the department may take enforcement action pursuant to sections forty-two, forty-four, and forty-six. In promulgating regulations under this section and approving any loan by the trust, the department shall also take into account any financial assistance provided by the local governmental unit under section thirty-three E and the regulations of the department thereunder. Regulations, procedures and guidelines respecting the financial capability of responsible local governmental units, and cities, towns and other service recipients thereof, shall be adopted by the department jointly with the secretary of administration and finance, in consultation with the Massachusetts Municipal Association. All such rules, regulations, and guidelines shall be adopted in full compliance with chapter thirty A.
(e) The department shall utilize the priority systems and priority lists as the basis for selecting projects for eligibility for loan approval. Regulations for determination of eligible project costs shall be used for purposes of approval of project cost eligibility for loans by the trust.
(f) The department may by regulation establish different levels of subsidy available for projects eligible under each of the priority list.
(g) All terms defined in chapter twenty-nine C shall have the same meanings in this section as are defined in said chapter twenty-nine C, unless the context otherwise requires.

Structure Massachusetts General Laws

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 1 - Department; Natural Resources Defined; Duties; Divisions

Section 2 - Stewardship Council

Section 2a - Members of the Council

Section 2b - Removal of Members of Stewardship Council; Absence From Meetings; Appointment of Successor; Certificates of Absence

Section 2c - Meetings of Council; Joint Meetings With Advisory Board

Section 2d - Members of Council; Holding Other Positions in Department

Section 2e - Compensation of Council Members; Expenses

Section 2f - Management Guidelines for Sustainable Forestry Practices on Public and Private Forest Lands

Section 2g - Oversight Strategy Plans

Section 3 - Commissioner; Directors

Section 3a - Acting Commissioner; Commissioner's Salary

Section 3b - Experts and Other Employees

Section 3c - Annual Budget; Report

Section 3d - Acting Directors

Section 3e - Open Space Land Acquisition; Loans to Cities and Towns

Section 3f - Rehabilitation and Improvement of Olmsted Parks

Section 3g - Olmsted Park Improvement Fund

Section 8 - Division of Water Supply Protection

Section 8b - Definitions Applicable to This Section and Secs. 8c and 8d

Section 8c - Increase in Interbasin Transfers of Surface and Groundwater; Approval; Exemption

Section 8d - Rules and Regulations; Criteria for Approval; Hearings; Procedure

Section 9 - Federal Watershed Protection and Flood Prevention Act; Programs

Section 9a - Acquisition of Lands and Waters

Section 9b - Groundwater Survey Program

Section 11 - Employees; Rules and Regulations

Section 12 - Federal Watershed Protection and Flood Prevention Act; Applications for Assistance

Section 13 - Works of Improvement; Assistance From Commonwealth; Conditions

Section 14 - Works of Improvement; Contracting Authority; Agents; Costs

Section 15 - Works of Improvement; Appropriations; Federal, State or Local Funds

Section 17c - Public Use of Land for Recreational, Conservation, Scientific Educational and Other Purposes; Landowner's Liability Limited; Exception

Section 17d - Public Removal of Fuel Wood; Landowner's Liability for Injuries

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 o...

Section 18 - Division of Conservation Services

Section 19 - State Commission for Conservation of Soil, Water and Related Resources; Establishment

Section 20 - State Commission for Conservation of Soil, Water and Related Resources; Powers and Duties.

Section 21 - Conservation Districts; Formation, Change of Boundaries or Dissolution of District; Procedure

Section 22 - Conservation Districts; Supervisors of Districts

Section 23 - Conservation Districts; Supervisors as Governing Body

Section 24 - Conservation Districts; Supervisors' Powers and Duties

Section 25 - Conservation Districts; Inter-District Cooperation

Section 25a - Conservation Districts; Powers

Section 26 - Division of Water Pollution Control

Section 26a - Definitions Applicable to Secs. 26 to 53

Section 27 - Division of Water Pollution Control; Powers and Duties

Section 27a - Water Pollution Abatement Projects; Certification; Financial Assistance; Eligibility

Section 28 - Water Pollution Abatement Districts; Establishment; Dissolution; Enlargement or Consolidation

Section 29 - Status of District; District Commission; Membership; Executive Director; Treasurer; Personnel

Section 30 - Powers of District Commission

Section 30a - Grants for Construction of Collection Systems

Section 31 - Development of Comprehensive Water Pollution Abatement, Integrated Water Asset Management or Green Infrastructure Opportunities Plans; Planning or Technical Assistance Grant

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 32 - Presentation of Plan to Division; Contents; Approval

Section 33 - Financial Assistance

Section 33a - Financial Assistance in Towns of More Than 20,000 Inhabitants

Section 33b - Engineering Reports of Plans for Facilities; Failure of Governmental Units to Submit as Ordered; Preparation by Director; Distribution of Costs

Section 33c - Action by Director Pursuant to Sec. 33b; Contract for Engineering Reports Authorized

Section 33d - Director Authorized to Order Governmental Units to Construct Facilities

Section 33e - Water Pollution Abatement Projects; Grants

Section 34 - Supervision of Operation and Maintenance of Treatment Works

Section 34a - Board of Certification of Operators of Wastewater Treatment Facilities; Members; Duties

Section 34b - Evaluation and Certification Program; Application; Certification; Fees

Section 34c - Certification Requirement; Violation; Penalty

Section 35 - General Obligation Serial Bonds or Notes; Temporary Notes; Indebtedness

Section 36 - Amounts Necessary for Payment of Bonds and Notes and Maintenance of District; Determination; Apportionment of Costs; Schedule of Charges

Section 37 - Reimbursement for Costs of Water Pollution Abatement Project

Section 37a - Program for Preservation and Restoration of Publicly-Owned Lakes and Great Ponds

Section 37b - Aquatic Nuisance Control Program

Section 37c - State Assistance to Municipalities or Agencies for Aquatic Nuisance Control

Section 37d - Priority of Projects

Section 38 - Water Pollution Control, Innovative Water Technologies, Green Infrastructure Research and Demonstration Projects; Environmental Quality Studies; Management Plans; Training and Support Programs

Section 38a - Clean Waters Scholarship Intern Program

Section 39 - Reservoirs

Section 40 - Entry Upon Property; Investigation or Inspection; Examination of Records

Section 41 - Recommendations by Water Resources Commission

Section 42 - Discharge Into Water; Violations of Chapter, Regulation, Order or Permit; False Representations; Tampering With Monitoring Device or Method; Criminal and Civil Penalties

Section 43 - Permit Proceedings; Regulations; Requirements of Permit; Application; Forms; Fees

Section 43a - Public Notification of Sewage Discharge

Section 44 - Discharge Violations; Orders to Comply

Section 45 - Proposals to Suspend or Revoke Permit; Cease and Desist Orders; Request for Hearing

Section 46 - Injunctive Relief; Jurisdiction

Section 46a - Judicial Review; Jurisdiction

Section 48 - Annual Estimates and Reports

Section 50 - Terminals; Licenses; Inspections

Section 50a - Oil Terminals; Pollution Prevention; Revocation of License

Section 50b - Definitions Applicable to Secs. 50c to 50e

Section 50c - Vessel; Certificate of Financial Assurance

Section 50d - Maritime Spill Incident; Hazardous Materials; Environmental Police Officers

Section 50e - Waters of the Commonwealth; Areas of Special Interest

Section 51 - Coordination With Federal Government and Local Authorities; Agreements

Section 52a - Waste Oil Retention Facilities; Installation and Maintenance

Section 53 - Short Title; Investigation and Prosecution of Violations

Section 53a - Sewer Charges; Base Rate

Section 54 - Division of Mineral Resources

Section 55 - Cooperation With Other Governmental Units; Agreements; Federal and Private Grants

Section 56 - License and Lease Requirements; Violations; Penalties; Enforcement

Section 59 - Watershed Preservation Restrictions Program

Section 60 - Watershed Lands Preservation Committee

Section 61 - Watershed Preservation Restrictions Program; Annual Report

Section 62 - Watershed Preservation Restrictions; Tax Assessment

Section 63 - Surveys, Soundings, Drillings or Examinations

Section 64 - Annual Report on Dams

Section 65 - Emergency Action Plans for High and Significant Hazard Dams; Inspection Schedule; Review of Hazard Classification

Section 66 - Interagency Support for Duties Under Secs. 64 and 65 and Secs. 44 to 48b of Chapter 253

Section 67 - System Interruption Devices Required for Newly Installed or Renovated Irrigation Systems to Override and Suspend Programmed Operation of Irrigation System During Periods of Sufficient Moisture; Regulations; Inapplicable to Systems Operat...