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Massachusetts law about Title 5

A compilation of laws, regulations, cases and web sources on septic system law.
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Table of Contents

Title 5 itself

310 CMR 15  State Environmental Code, Title 5

Best bet

Septic Systems and Title 5, Mass. Department of Environmental Protection
Best source for all things Title 5 from the people who regulate it. Includes FAQ, forms, guidance and policies, regulations, and more

Massachusetts laws

MGL c. 21A, s.13  
State Environmental Code; adoption; preparation of sewage disposal systems; enforcement of Code

MGL c. 21A, s. 13A  
System inspectors of on-site sewage disposal systems; penalty

MGL c. 111, s.31E  
Individual sewage disposal systems; action on applications

MGL c. 111, s.127B 1/2  
Installation of septic system; petition; agreement to provide services; costs

Additional Massachusetts regulations

310 CMR 11   
Environmental Code, application and administration

310 CMR 70   
Environmental results program certification

Forms

Title 5 Septic System Forms, Department of Environmental Protection

Selected case law

Tortorella v. Board of Health of Bourne , 39 Mass. App. Ct. 277 (1995)
Court stated that it was a "paramount obligation [of the Board of Health] to protect the environment." This demonstrates that Title 5 is considered part of the state's environmental code as well as its public health law

Vanderwiel v. Jones , 1996 Mass.App.Div. 184 (1996)
"Real estate broker violated MGLA c.93A when she mistakenly believed that the house she was selling had no sewage problems and had a Title V system and negligently convinced the buyer not to have a septic system inspection."

Web sources

View residential property tax credits, Mass. Department of Revenue

See section "Repair or replacement of failed cesspool or septic system credit (Title V)"

Title 5 and Septic System Frequently Asked Questions: Financing, MassDEP

Print sources

Environmental Handbook for Massachusetts Conservation Commissioners, 9th ed., by Alexandra D. Dawson, Sally A. Zielinski, 2006, sec. 16.4.1

MAHB Legal Handbook for Boards of Health, MAHB, 1995. chapter 4

The Rivers Bill, Title 5 & More. MCLE, 1996

Title 5 Land Use Controls Revisited. MCLE, 1995

Title 5: New Solutions to Tough Problems. Mass. Bar Association, 1996

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza,
9th Floor,
Boston, MA 02108
Last updated: April 18, 2018

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