By Mr. Brewer, a petition (accompanied by bill, Senate,
No. 491) of Stephen M. Brewer for legislation to provide
for uniformity in environmental regulations. Environment,
Natural Resources and Agriculture. |
By Mr. Brewer, a petition (accompanied by bill, Senate,
No. 491) of Stephen M. Brewer for legislation to provide
for uniformity in environmental regulations. Environment,
Natural Resources and Agriculture. |
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 section thirty-one of chapter one hundred eleven, the regulations and standards for the on-site disposal of sewage that are adopted or amended by the department shall be effective in and apply uniformly to every municipality within the commonwealth; provided, however, that where the board of health of any municipality determines, based upon engineering and scientific data, evidence and study, that unique local conditions exist that require additional or more stringent regulation of on-site sewage disposal systems for the protection of public health, safety, welfare and the environment, the board of health may file a written application for approval to adopt such regulations with the commissioner.
Such application shall be in writing on a form approved by the commissioner and 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 engineering and scientific data, evidence and study that forms the basis for the application. Upon the receipt of a completed application with accompanying documentation, the commissioner shall, within sixty 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.
SECTION 2. Section 40 of chapter 131 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the thirty-first paragraph the following new paragraph:-
Notwithstanding the provisions of section eight C of chapter 40, the regulations adopted by the commissioner pursuant to this act shall be effective in and apply uniformly to every municipality within the commonwealth; provided, however, that where the conservation commission of any municipality determines, based upon scientific data, evidence and study, that unique local conditions exist that require additional or more stringent regulation of any wetland or riverfront area, the conservation commission may file a written application for approval to adopt such regulations with the commissioner. Such application shall be in writing on a form approved by the commissioner and shall include an explanation of such unique local conditions, the specific regulation or regulations sought to be adopted by the conservation commission, 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 shall, within sixty days, make a written determination of whether the proposed regulations are reasonably necessary for the protection of a wetland or riverfront area 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.
