Mass. Gen. Laws » Part I Title II Chapter 21
Massachusetts General Laws

Mass. Gen. Laws ch. 21, § 26 (2026)

Division of water pollution control

✓ current as of July 2026
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Section 26. There shall be in the department of environmental protection, a division of water pollution control, hereinafter in this section and in sections twenty-seven to fifty-three, inclusive, called the division. The division shall be headed by a director who shall be appointed and may be removed by the commissioner, and shall not be subject to section nine A of chapter thirty or to chapter thirty-one. The director shall be responsible for carrying out the work of the division under the supervision, direction and control of the commissioner. The director shall be qualified by training and experience to carry out the duties of the division. No person may serve as director who received, or who has during the preceding two years received, ten per cent or more of his income directly or indirectly from persons who are required to obtain discharge permits under section forty-three, and the attorney general upon request may issue guidelines and such opinions as may be necessary to implement this provision.

The commissioner may appoint and remove a deputy director for the division who shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty, and such other professionals, technical and clerical assistants and consultants as may be necessary.

The water resources commission shall advise the commissioner on administration and enforcement of this chapter.

Said division of water pollution control shall be subject to the supervision, control and direction of the commissioner.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1985–2023 · leading case: All. to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 457 Mass. 663 (Mass. 2010).
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All. to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 457 Mass. 663 (Mass. 2010). “(2006), and the Massachusetts Clean Waters Act, G. L. c. 21, §§ 26 et seq.; a highway access permit that the Massachusetts Highway Department had issued; and a license for use and occupancy authorizing the crossing of a rail line that the Executive Office of Transportation and…”
Shapiro v. Pub. Serv. Mut. Ins., 477 N.E.2d 146 (Mass. App. Ct. 1985). “2 Investigators from the division of water pollution control, see G. L. c. 21, § 26, and engineers from the town of Brookline.”
Miramar Park Ass'n, Inc. v. Town of Dennis, 105 N.E.3d 241 (Mass. 2018). “The town also received a water quality certification for the dredging plan, pursuant to G. L. c. 21, §§ 26 - 53, and the Massachusetts environmental policy act, G.”
Kathleen Power v. Wyman Gordon Co., 3 Mass. L. Rptr. 138 (Mass. Super. Ct. 1994). “and M.G.L.c. 21, §26, et seq. Second, they allege that the subsurface water also migrates from Wyman Gordon’s plant toward plaintiffs’ land.”
Child.'s Health Rights of Massachusetts, Inc. v. Belmont Pub. Sch. Dist. (Mass. App. Ct. 2023). “In dicta, the Supreme Judicial Court stated that the nuclear power plant operator had standing to challenge a regulation asserting the authority of the Department of Environmental Protection to regulate components of industrial facilities that withdraw water from surface…”
Anglo Fabrics Co. v. Town of Webster, 15 Mass. L. Rptr. 233 (Mass. Super. Ct. 2002). “§1311 ; (2) the Massachusetts Clean Water Act, G.L.c. 21, §26; and (3) the National Pollution Discharge Elimination System (“NPDES”) *237 permit issued pursuant to 33 U.”
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