BEACON HILL BEAT
NOVEMBER 2005
UCANE PROMOTES INCREASED FUNDING FOR THE
COMMONWEALTH SEWER RATE RELIEF FUND
The Commonwealth Sewer Rate Relief Fund in the state budget
(Line item 1231-1000) was created to mitigate escalating costs
of sewer services throughout the Commonwealth. In FY 1994
over $20 million was distributed to communities in an effort
to address sewer rate increases. The funds increased annually
to over $60 million in FY 2002. In FY 2003 the program was
cut to 0 and in FY 2004 Rate Relief was restored at $5 million,
in 2005 it was funded at $10 million and in 2006 it was funded
at $12.5 million. Few other state budget programs have been
cut as drastically as the Rate Relief program, losing over
$60 million in one fiscal year.
UCANE requests that the Governor Romney, the House and Senate
make the Commonwealth Rate Relief Fund a priority in FY 2007
and work to restore this important program to its previous
levels.
back to top
"INTEREST ON RETAINAGE" LEGISLATION
PASSES FAVORABLY FROM STATE ADMINISTRATION COMMITTEE
The Committee on State Administration and Regulatory
Oversight Chaired by Senator Dianne Wilkerson (D-Boston) and
Antonio Cabral (D-New Bedford) favorably passed HB 3493, UCANE’s
"Interest on Retainage" legislation. The bill was
referred to the House Ways & Means Committee for further
review.
HB 3493 will provide for the fair and timely payment of interest
on payments due to a contractor or subcontractor for work
already completed. Retainage is a common construction practice
whereby a certain percentage of compensation is withheld by
the project owner until the project is completed. This legislation
would amend section 39G of Chapter 30 of the Massachusetts
General Laws to include a new provision for reimbursing the
interest on retainage withheld, pending the completion of
the project. Interest on retainage is not only a fairness
and equity issue, but it will also boost the local economy.
UCANE encourages the Ways & Means Committee to follow
the lead of the State Administration Committee and vote in
favor of this legislation.
back to top
OSHA 10-HOUR TRAINING FOR ALL INDIVIDUALS ON
CONSTRUCTION
SITES BECOMES LAW ON AUGUST 1, 2006
In 2004, H. 2367, An Act to Ensure Health and
Safety on Public Construction Projects was passed into law
requiring all individuals on a construction site in MA to
be certified in the OSHA 10-Hour Training Course. The law
takes effect on August 1, 2006, and all individuals who are
not certified and cannot provide a copy of their training
certificate will be subject to a fine, which will be levied
upon the employer.
UCANE will hold OSHA 10-Hour training courses beginning in
January 2006 for all UCANE members and their employees to
become certified before the August 1, 2006 deadline. The training
sessions will be capped at 100 people. We encourage all interested
parties to contact the UCANE office as soon as possible.
back to top
DEP ENFORCES WATER POLICIES IN HOLLISTON, GRAFTON
& SOUTHAMPTON
Over the past two months the MA DEP has enforced
drinking water regulations and assessed fines for violations
of state water policies. The DEP required a water boil order
in Holliston, assessed a $5,400 penalty on the town of Grafton
for violating Clean Water Act Requirements, and issued a consent
order to the Southampton Water Department for over use of
a new drinking water well.
~ Town of Holliston Issues a Mandatory Water
Boil Order ~
In early November, the DEP issued a mandatory
water boil order for the Town of Holliston after tests came
back positive for presence of coliform bacteria. To address
the problem the town added chlorine to the water system and
flushed hydrants in order to draw the chlorine into and through
the water distribution system. The boil water order required
residents boil tap water for one minute before water was used
to drink, make ice, brush teeth, wash dishes, and food preparation.
The boil order is especially important for infants, young
children, the elderly, and individuals with severely compromised
immune systems.
~ Town of Grafton Violates Clean Water Requirement
~
In November, the Town of Grafton agreed to
pay the Commonwealth a penalty of $2,500 for violations of
the Clean Water Act that occurred, when approximately 300
gallons of heating oil was released from the Grafton Municipal
and entered the municipal sewer system and ultimately was
conveyed to the town’s wastewater treatment facility.
The oil interfered with the biological treatment process at
the facility, resulting in the discharge of partially treated
wastewater to the Blackstone River. This discharge is a violation
of the town’s discharge permit and of the MA Clean Water
Act. As a result of negotiations with the DEP, the town has
agreed to inspect all municipal buildings to identify all
floor drains and fuel oil tanks present. Under the terms of
the consent order, any illicit connections to the town storm
drainage system will be identified and eliminated, and all
fuel oil tanks present in municipal buildings will be provided
with spill containment. The consent order also requires the
town to develop an emergency notification plan for alerting
communities located downstream of the wastewater treatment
facility in the event of future pollution.
~ Southampton Water Department Over Use
of New Drinking Water Well ~
In October, the DEP finalized a consent order
with the Southampton Water Department due to the city’s
failure to comply with permit and regulatory requirements
concerning a drinking water well. Southampton began to use
a replacement public water supply well prior to meeting specific
conditions set by DEP. It failed to conduct some of the routine
water analyses required in the first year of a well’s
use as a public water source. Additionally, Southampton inaccurately
reported this well’s use as another well on routine
reporting forms submitted to DEP. The consent order addresses
public water source protection and reporting issues, and included
a penalty of $22,360, with all but $1,000 suspended. The necessary
water quality analyses were required in an earlier DEP unilateral
order to the water department. "There was a failure to
follow clear and specific conditions related to the use of
this replacement well and its inaccurate reporting demonstrated
a disregard for the important requirements in place for all
public water systems," said Michael Gorski, Director
of DEP’s Western Regional Office in Springfield. "Fortunately,
the water quality analyses that were conducted during the
year and a half time period when the well was used, were acceptable."
back to top
|
Fax: (617) 471-8939 
Scholarship Information