Session Laws

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. As used in this act, the following words shall, unless the context otherwise requires, have the following meanings:-

"Facility", the greater Springfield regional wastewater treatment facility, including a device and system used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances if they convey wastewater to the facility.

"Participating municipality", any city, town or district, including the permit holder which contributes, causes or permits the contribution of wastewater into the facility.

"Permit holder", the city of Springfield, which is the holder of a permit issued pursuant to the Clean Water Act, 33 USC 1251 et seq. for the operation of the facility.

"User", any person, corporation, business, or other entity who or which contributes, causes or permits the contribution of wastewater into the facility.

"Wastewater", the liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the facility.

SECTION 2. Any city, town, district or user discharging, or seeking to discharge wastewater into the facility, shall be subject to the provisions of this act.

SECTION 3. Any city, town, district or user discharging, or seeking to discharge wastewater into the facility, shall enter into an agreement with the permit holder for the purpose of authorizing said permit holder to enforce federal, state, city, town, or district laws and regulations on water pollution as required by the Pretreatment Standards of the Clean Water Act of 1977 and the General Pretreatment Regulations as set forth in section 403 et seq. of chapter 40 of the Code of Federal Regulations in such city, town, or district discharging, or seeking to discharge wastewater in the facility. The permit holder shall have the enforcement authority to seek civil, injunctive, or criminal remedies.

SECTION 4. Any city, town or district discharging, or seeking to discharge wastewater into the facility, shall enter into an agreement with the permit holder that said city, town or district shall adopt and be subject to sewer ordinances that are at least as stringent as those adopted by the city of Springfield. The permit holder shall have the authority to enforce all sewer ordinances as required by the Pretreatment Standards of the Clean Water Act of 1977 and the General Pretreatment Regulations as set forth in section 403 et seq. of chapter 40 of the Code of Federal Regulations in such city, town or district. Any such agreement shall not be subject to the termination provisions of section four A of chapter forty of the General Laws.

SECTION 5. Authorized agents of the permit holder may enter at reasonable times any public or private property of a user for the purposes of (a) inspecting, sampling, and gauging any sewage, drainage, substances or wastes discharged into the facility, (b) inspecting any monitoring equipment or procedures maintained with respect to wastewater, (c) examining any records or matters pertaining to such wastewater or to the operation of pretreatment works, and (d) determining any matter of compliance with requirements under this act. Entry upon private property for the purposes of this section shall be made (a) under warrant, including, without limitation, warrants for administrative inspection upon a probable cause showing of a reasonable and valid public interest in the effective enforcement of matters governed by this act in accordance with a general plan justifying administrative inspection of premises specified in the application for such warrant, or (b) under procedures for warrantless entry of non-residential premises during business hours conducted by administrative inspectors in accordance with regulations which the permit holder shall adopt. This section shall not limit entries and administrative inspections, including seizures of property, without a warrant (a) with the consent of the user, (b) in situations presenting imminent danger to health or safety, (c) in any other exceptional or emergency circumstances where time or opportunity to apply for a warrant is lacking, or (d) in all other situations in which a warrant is not required by the laws and the constitution of the commonwealth or the United States.

SECTION 6. The permit holder in the exercise of the authority vested in it by any city, town or district shall not be held liable for any injury or damage to persons or property, except in accordance with the provisions of chapter two hundred and fifty-eight of the General Laws. Any amount of liability incurred by the permit holder shall be paid solely from the Regional Wastewater Facility Fund created by the permit holder solely as a reserve for unforeseen expenses, costs or damages assessed against said facility.

SECTION 7. No user shall discharge or cause to be discharged directly or indirectly into the facility any pollutant or wastewater which is not in compliance with all applicable state and federal laws required by the Pretreatment Standards of the Clean Water Act of 1977 and the General Pretreatment Regulations as set forth in section 403 et seq. of chapter 40 of the Code of Federal Regulations. Any violation of this section shall be presumed to constitute deliberate harm to the health, welfare, and safety of the public and to the environment. Such presumption may be rebutted by introduction of competent evidence.

SECTION 8. A certified copy of the contract or agreement between the city, town or district and the permit holder as provided by section three of this act shall be prima facie evidence of the authority of the permit holder to enforce all applicable federal, state, city, town or district laws and regulations required by the Pretreatment Standards of the Clean Water Act of 1977 and the General Pretreatment Regulations as set forth in section 403 et seq. of chapter 40 of the Code of Federal Regulations in said city, town or district. In the trial of any complaint or action, the report of any inspector serving in the facility, or of any city, town or district that discharges wastewater into the facility shall be prima facie evidence of the facts stated therein.

SECTION 9. Any user who is found to be in violation of the provisions of section seven of this act shall pay the permit holder's court costs including reasonable attorney and expert witness fees. In addition any user who is found to be in violation of the provisions of said section seven shall be:

(a) punished by a fine of not more than one thousand dollars for each violation; provided, however, that each day a violation continues shall be a separate offense; and

(b) subject to a civil penalty not to exceed one thousand dollars for each violation; provided, however, that each day a violation continues shall be a separate violation; and

(c) liable for any damage to the facility caused by said violation or to the property of a participating municipality caused by said violation; and

(d) liable for the full amount of any fines or penalties assessed to the permit holder by any government agency as a result of said violation; and

(e) liable for any consequential damages to the permit holder caused by said violation, including, but not limited to, the costs to the permit holder for alternative disposal of wastewater.

SECTION 10. Fifty per cent of all fines, monetary penalties, or forfeitures imposed by the court under the provisions of clause (a) or (b) of section nine of this act shall be paid to the treasurer of the commonwealth and fifty per cent to the permit holder.

All monetary penalties, fines or damages imposed by the court under the provisions of clause (d) or (e) of section nine shall be paid to the permit holder; provided, however, that if the property of a participating municipality is damaged all monies received for said damage shall be paid to said participating municipality.

All monies paid to the permit holder pursuant to this section shall be deposited into the Greater Springfield Regional Wastewater Facilities Fund and shall only be expended for purposes to carry out the provisions of this act.