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HD 2758

An Act relative to combined sewer overflows

194th Legislature (2025-2026) Introduced by Sean Garballey and 1 co-sponsor

The bill would ban untreated combined sewer overflows in MWRA areas during a 25-year storm starting 2035, with DEP regulations within 18 months.

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Bill Summary · HD 2758

Summary: An Act relative to combined sewer overflows (HD 2758)

  • Bill number: HD 2758
  • Title: An Act relative to combined sewer overflows
  • Status: Proposed bill (introduced in 2025 session)
  • Sponsors: Representatives David M. Rogers (Cambridge) and Sean Garballey (Arlington)
  • Context: Similar matter previously filed in 2023-2024 (House No. 886)

Purpose and intent

The bill aims to reduce or eliminate untreated combined sewer overflows (CSOs) in Massachusetts, with a focus on the Massachusetts Water Resources Authority (MWRA) sewer service areas. It would impose a prohibition on untreated CSOs in a 25-year 24-hour storm event or smaller, starting January 1, 2035, and would require the state environmental agency to adopt implementing regulations within 18 months.

Key provisions

  • Definitions (Section 27B):

    • “Combined Sewer System”: a municipal or Publicly Owned Treatment Works (POTW) system that conveys sanitary wastewater and stormwater in a single-pipe system to a treatment plant.
    • “Combined Sewer Overflow” (CSO): discharge from a Combined Sewer System to a water of the Commonwealth before it reaches a POTW treatment plant.
    • “Publicly Owned Treatment Works” (POTW): treatment works owned by a state or municipality, including devices and systems used to collect, store, treat, recycle, and reclaim wastewater.
    • “POTW Treatment Plant”: the portion of a POTW designed to provide at least secondary treatment.
    • “Untreated Combined Sewer Overflow”: CSO without removal of solids and without treatment to deactivate bacteria.

  • Compliance deadline:

    • Beginning January 1, 2035, there shall be no Untreated CSO in MWRA sewer service areas during a 25-year 24-hour storm event or smaller.

  • Regulatory implementation:

    • Within 18 months, the Massachusetts Department of Environmental Protection (DEP) must adopt regulations to implement the section. Regulations must define:
    • A 25-year 24-hour storm event (to be updated over time as climate conditions change).
    • A definition of “Combined Sewer Overflow treatment” that requires at minimum removal of solids and treatment to deactivate bacteria (to be updated as technology evolves).

  • Geographic scope:

    • Applies to MWRA sewer service areas as defined in Acts of 1984, Chapter 372, Section 8(c).

Who is affected

  • Primary impact: MWRA service areas and municipalities connected to combined sewer systems.
  • Regulated entities: Municipalities, POTWs, and the MWRA, which would need to plan and implement infrastructure or operational changes to meet the new treatment standards.
  • Regulatory body: Massachusetts Department of Environmental Protection (DEP) responsible for finalizing implementing regulations.

Procedural and timeline notes

  • Effective date for the policy: 2035 for the prohibition on Untreated CSOs, contingent on regulatory adoption.
  • Regulatory timeline: DEP must issue implementing regulations within 18 months of the bill’s enactment, including definitions related to storm events and CSO treatment.
  • Legislative status: As a proposed bill in the 2025-2026 General Court, subject to hearings, amendments, and potential passage.

Potential impact and considerations

  • Environmental benefit: Expected improvement in water quality by reducing or eliminating untreated CSOs during rain events.
  • Economic implications: Potential capital and operational costs for municipalities and MWRA to upgrade infrastructure or enhance CSO treatment, possibly influencing rates and budgets.
  • Climate adaptability: Provisions to update storm definitions and treatment standards as climate data and technology evolve.

Compiled from official sources — confirm details with the bill’s official record.

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