Mass. Gen. Laws ch. 111, § 31D (2026)
Privy, cesspool and septic tanks; disposal of contents; investigation of facilities
Section 31D. Cities, towns and sewerage districts may, subject to the approval of the department of environmental protection, provide facilities for the receipt and disposal of privy, cesspool and septic tank contents collected for hire by private persons and may establish such charges for the use of such facilities as may be necessary for defraying the cost of construction, operating and maintaining the same.
The commissioner of environmental protection may investigate facilities for the receipt and disposal of privy, cesspool and septic tank contents in cities, towns and sewerage districts. If in his opinion he determines such facilities are inadequate for proper disposal of such contents, he may recommend necessary action for the protection of the public. If after a reasonable time, the city, town or sewerage district fails to act upon his recommendation in a manner satisfactory to him, upon an order issued by the department of environmental protection, a city, town or sewerage district shall provide facilities for the receipt and disposal of privy, cesspool and septic tank contents collected for hire by private persons. The city, town or sewerage district may establish such charges for the use of such facilities as may be necessary for defraying the cost of constructing, operating and maintaining the same.
Nothing in this section shall prevent a city, town or sewerage district, or a combination of cities and towns or cities, towns and a sewerage district from acting jointly in carrying out the provisions of this section.