Section 16. The aldermen of any city or the sewer commissioners, selectmen or road commissioners of a town, may from time to time establish just and equitable annual charges for the use of common sewers and main drains and related stormwater facilities, which shall be paid by every person who enters his particular sewer therein. The money so received may be applied to the payment of the cost of maintenance and repairs of such sewers or of any debt contracted for sewer purposes. In establishing quarterly or annual charges for the use of main drains and related stormwater facilities, the city, town, or district may either charge a uniform fee for residential properties and a separate uniform fee for commercial properties or establish an annual charge based upon a uniform unit method; but, the charge shall be assessed in a fair and equitable manner. The annual charge shall be calculated to supplement other available funds as may be necessary to plan, construct, operate and maintain stormwater facilities and to conduct stormwater programs. The city, town or district may grant credits against the amount of the quarterly or annual charge to those property owners who maintain on-site functioning retention/detention basins or other filtration structures as approved by the stormwater utility, conservation commission, or other governmental entity with appropriate authority.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1980–2025 · leading case:
Tomaselli v. Beaulieu, 967 F. Supp. 2d 423 (D. Mass. 2013).
Tomaselli v. Beaulieu, 967 F. Supp. 2d 423 (D. Mass. 2013).
“See Mass. Gen. Laws ch. 83, § 16 (Charge for use of sewers).”
Town of Framingham v. Natick Mall, LLC, 28 Mass. L. Rptr. 540 (Mass. Super. Ct. 2011).
· cites it 4× “Framingham alleges a right to recover under G.L.c. 83, §16 (Count I), breach of contract (Count II), and quantum meruit/breach of implied contract (Count III).”
Merrimac Paper Co. v. City of Lawrence, 4 Mass. L. Rptr. 360 (Mass. Super. Ct. 1995).
· cites it 6× “M.G.L.c. 83, §16. Despite protests that the assessed rates constituted illegal taxes or deprivations of property, the Supreme Judicial Court and the United States Supreme Court upheld the statute.”
Anglo Fabrics Co. v. Town of Webster, 15 Mass. L. Rptr. 233 (Mass. Super. Ct. 2002).
· cites it 2× “The 1983 Webster annual Town Meeting voted to accept the provisions of G.L.c. 83, §§16(A)-(F). M.G.L.c. 83, §16(A) states that a Town Clerk must file an acceptance of Chapter 83, Section 16(A)-(F).”
Town of Holden v. Dep't of Conservation & Rec. & Another. (Mass. App. Ct. 2025).
“As examples, he suggested $1 million per day for the use of its sewer system or requiring the installation of free, high-speed rail service from Boston to Worcester would have been permissible user fees.”
Stepan Chem. Co. v. Town of Wilmington, 406 N.E.2d 1316 (Mass. App. Ct. 1980).
“” The town is authorized by St. 1958, c. 297, § 1, to construct and operate a system of sewers and is permitted to apply the monies derived from sewer use charges “to the payment of charges and expenses incident to the maintenance and operation of said system of sewerage and…”
— Mass. Gen. Laws ch. 83, § 16(A) — 1 case
Anglo Fabrics Co. v. Town of Webster, 15 Mass. L. Rptr. 233 (Mass. Super. Ct. 2002).
“The 1983 Webster annual Town Meeting voted to accept the provisions of G.L.c. 83, §§16(A)-(F). M.G.L.c. 83, §16(A) states that a Town Clerk must file an acceptance of Chapter 83, Section 16(A)-(F).”
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