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HOUSE DOCKET, NO. 1755 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 741
The Commonwealth of Massachusetts
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PRESENTED BY:
James Arciero
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to on-site sewage disposal systems.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/17/2023 1 of 2
HOUSE DOCKET, NO. 1755 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 741
By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 741) of
James Arciero relative to on-site sewage disposal systems. Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 845 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to on-site sewage disposal systems.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 13 of chapter 21A of the Massachusetts General Laws, as
2appearing in the 2012 official edition, is hereby amended by striking out the first paragraph and
3inserting in place thereof the following paragraph:-
4 A board of health may adopt a local on-site sewage disposal systems regulation, only to
5the extent that it imposes standards or other requirements that are more stringent than or
6otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000,
7and only if, prior to adoption by the board of health, the Department of Environmental Protection
8shall review and approve any such proposed on-site sewage disposal systems regulation based
9upon findings that the proposed regulation has a generally recognized scientific basis, is a
10recommended best practice technique, is necessary to protect unusual local resources that 2 of 2
11warrant special or enhanced protection, and does not conflict with Title 5 of the State
12Environmental Code, 310 CMR 15.000. An appeal of a decision made under a local wetlands
13ordinance or by-law shall be made to the Department of Environmental Protection in accordance
14with the Wetlands Protection Act (G.L. Ch. 131 ยง 40) and regulations (310 CMR 10.00)
15thereunder.
16 SECTION 2. The first paragraph of Section 31 of chapter 111, as so appearing, is
17hereby amended by inserting after the second sentence the following sentence:-
18 A board of health may adopt local on-site sewage disposal systems regulations that
19contain standards or other requirements that are more stringent than or otherwise exceed those
20set forth in Title 5 of the State Environmental Code, 310 CMR 15.000, only if, prior to adoption
21by the board of health, the Department of Environmental Protection shall review and approve
22any such proposed on-site sewage disposal systems regulation based upon findings that the
23proposed regulation has a generally recognized scientific basis, is a recommended best practice
24technique, is necessary to protect unusual local resources that warrant special or enhanced
25protection, and does not conflict with Title 5 of the State Environmental Code, 310 CMR 15.000.