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Massachusetts law about Title 5

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

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, financial assistance information 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

Repair or Replacement of Failed Cesspool or Septic System Credit , Mass. Department of Revenue

Title 5 and Septic System Frequently Asked Questions: Financing, Executive Office of Energy and Environmental Affairs.

Environmental Handbook for Massachusetts Conservation Commissioners , 9th ed., by Alexandra D. Dawson, Mass. Association of Conservation Commissioners, 2006, sec. 16.4.1

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

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

Title 5 Land Use Controls Revisited . MCLE, 1995

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

Last update: January 11, 2017

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