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Massachusetts Law About Title 5

Title 5 Itself

Title 5: 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.


Title 5 Forms

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."

Other Web Sources

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

Print Sources

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. MCLE, 1995.

Title 5 Land Use Controls Revisited. MCLE, 1995.

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