Chapter 111 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding the following two new sections:-
Section 5S. As used in section 5T of this chapter, the following words shall have the following meanings:-
"Bathing waters", waters adjacent to any public bathing beach, semi public bathing beach, or private beach in the Commonwealth.
"Department", the Department of Public Health.
"Public bathing beach", a bathing beach open to the general public whether or not an entry fee is charged.
"Semi-Public Bathing Beach", a bathing beach used in connection with a hotel, motel, trailer park, campground, apartment house, condominium, country club, youth club, school, camp or similar establishment where the primary purpose of the establishment is not the operation of the bathing beach, and where admission to the use of the bathing beach is included in the fee paid for use of the premises. Semi-public bathing beach shall also mean a bathing beach operated and maintained by groups for the purpose of providing bathing facilities for members and guests only.
"Private Beach", a bathing beach not considered to be a public or semi-public bathing beach.
Section 5T. (a) The Department, in consultation with local health officers and the public, shall further establish minimum sanitation standards for bathing waters throughout the Commonwealth to protect human health and safety. Minimum sanitation standards shall be established by the Department for all for the following: (i) sludge deposits, solid refuse, floating waste solids, grease and scum; and (ii) oil, hazardous material, and heavy metals; and (iii) viruses and bacteria, including but not limited to, total coliform, fecal coliform, and enterococci bacteria.
(b) The Department shall require that bathing waters are tested, monitored, and analyzed for contamination pursuant to the minimum sanitation standards established by this section.
(c) An officer or an agent of a local board of health shall test, monitor, and analyze all bathing waters within its municipality. A local board of health may meet the requirements of this section by utilizing testing and monitoring results from other local boards of health and from any state agency. Every local board of health shall report the results from all testing, monitoring and analysis of bathing waters to the Department. The Department shall establish such reporting requirements and shall keep public records thereof.
(d) The Department shall determine at which sites to conduct testing and monitoring of bathing waters. The Department shall consider the following factors in determining at which sites to conduct testing and monitoring of bathing waters: the number of people who use the bathing beach annually and whether the beach is located adjacent to a storm water drain, sewage, industrial, and commercial wastewater discharges, or commercial, industrial, and agricultural drains.
(e) The Department shall determine at what frequency to conduct testing, monitoring, and analysis of bathing waters. Testing, monitoring, and analysis must be conducted on at least a weekly basis during the bathing season, and at such times and under such conditions as shall be sufficient to protect public health and safety.
(f) The Department shall require the posting of conspicuous warning signs to notify the public whenever there is a threat to human health or safety in bathing waters. Signs must be posted at locations on the beach that are visible to the public in order to inform the public of the nature of the problem and the possibility of a threat to human health and safety.
(g) If the officer or agent of a local board of health discovers a violation of the minimum sanitation standards established by the Department, he or she must notify the Department immediately, and in no event more than twenty-four (24) hours after such discovery. The local board of health must also post signs as required in subsection (f).
(h) Any person may request that a local board of health conduct testing, monitoring, and analysis of bathing waters when there is an alleged violation of the minimum sanitation standards established pursuant to this section. Local boards of health shall promptly review such requests and determine whether any such testing, monitoring, and analysis is necessary to ensure public health and safety at bathing waters.
(i) The owners of semi-public bathing beaches and private bathing beaches shall be required to pay for the costs of testing, monitoring, and analysis of bathing waters adjacent to semi-public bathing beaches and private bathing beaches. Local boards of health are hereby authorized to enter into contractual agreements with owners of semi-public bathing beaches and private bathing beaches where the local board of health conducts testing, monitoring, and analysis of such bathing waters.
(j) Any municipality or state agency may adopt minimum sanitation standards and testing, monitoring, and analysis requirements for bathing waters within its jurisdiction that are more strict than the standards adopted by the Department.
(k) The testing, monitoring, and analysis of bathing waters that are under the control of any state agency, including but not limited to, the Metropolitan District Commission, shall be conducted by that state agency. All such state agencies shall meet the requirements set forth by this section and the regulations promulgated by the Department.
(l) The Department shall award grants, loans, or other financial assistance to local boards of health for the testing, monitoring, and analysis of bathing waters and to otherwise carry out the provisions of this section and the regulations promulgated hereunder.
(m) The Department shall promulgate regulations necessary to carry out the purposes of this act by March 1, 2000.
SECTION 2: This act shall be subject to appropriation by the General Court.