Potable Water/Sanitary Drainage

(A) The owner shall provide a supply of potable water sufficient in quantity and pressure to meet the ordinary needs of every occupant. (B) For each residence, the owner shall provide and maintain in a sanitary condition a sanitary drainage system consisting of: (1) A lawful connection to the public sewerage system; (2) A means of on-site sewage disposal in compliance with 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage; or (3) A lawful connection to a privately owned wastewater treatment facility permitted in accordance with 314 CMR 3.00: Surface Water Discharge Permit Program or 314 CMR 5.00: Ground Water Discharge Permit Program. (C) If the owner intends to separately bill the occupant for water or sewer costs, then the owner must be in compliance with all requirements of M.G.L. c. 186, § 22 including, but not limited to: (1) Installing and maintaining, when necessary, a water submetering device that measures only the water supplied for the exclusive use of the particular dwelling unit and only to an area within the exclusive possession and control of the occupant of such dwelling unit; (2) Installing, or causing to be installed, ultra-low-flush toilets and water conservation devices on all showers and faucets in the dwelling unit; (3) Having a written rental agreement on the commencement of a new tenancy that describes the details of the water submetering and water billing arrangements; and (4) Filing a certificate, on a form provided by the Department, with the board of health or other appropriate municipal agency charged with enforcing the State Sanitary Code, and signed by the owner under the pains and penalties of perjury, that the dwelling unit is in compliance with M.G.L. c. 186, § 22. The owner shall have a licensed plumber sign the certificate certifying that the water submetering devices and ultra-low-flush toilets have been installed in accordance with accepted plumbing standards and the requirements of M.G.L. c. 186, § 22, and shall attach appropriate documentation to verify the services provided by the licensed plumber. The owner shall also provide a copy of the certificate to the occupants of each dwelling unit with the written rental agreement that describes the details of the water submetering and water billing arrangements. (D) If an owner is submetering water under M.G.L. c. 186, § 22, the owner may not shut off or refuse water service to an occupant on the basis that the occupant has not paid a separately assessed water/sewer usage charge. (E) The owner shall allow occupants to have access to any water submeters that affect their dwelling unit in order to ensure that such submeters are functioning properly.