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APPENDIX

GENERAL LAWS OF MASSACHUSETTS

CHAPTER 111

Section 31C. A board of health, or other legal authority constituted for such purpose by vote of the town or city council shall have jurisdiction to regulate and control atmospheric pollution, including, but not limited to, the emission of smoke, particulate matter, soot, cinders, ashes, toxic and radioactive substances, fumes, vapors, gases, industrial odors and dusts as may arise within its bounds and which constitutes a nuisance, a danger to the public health, or impair the public comfort and convenience.

Said board of health or other legal authority, subject to the approval of the department of public health, may from time to time adopt and shall enforce reasonable rules and regulations for the control of atmospheric pollution. Before the board of health or other legal authority submits such rules and regulations to the department for approval, such board or other legal authority shall hold a public hearing thereon, of which notice shall be given by publication for 1 day in each of 2 successive weeks in a newspaper published in the town, the first publication to be at least 14 days prior to the date of the hearing, or if no newspaper is published in such town, by posting a copy of such notice in a public place therein. Said rules and regulations, when approved by the department, and after publication in a newspaper published in the town, or, if no newspaper is published in such town, after posting a copy in a public place, shall have the force of law.

The department shall advise the board or other legal authority in all matters of atmospheric pollution. The department may, upon request of the board of health or other legal authority of a town adversely affected by atmospheric pollution arising in another town, after a hearing to all parties interested, assume joint jurisdiction to regulate or control such cause of atmospheric pollution and may exercise all powers of the local board of health or other legal authority under provisions of the general laws or any special laws.

Whoever violates any order, rule or regulation promulgated or adopted under the provisions of this section shall be punished by a fine of not less than $50 nor more than $100 for the first offense. For the purpose of this paragraph each day or part thereof of violation of such an order, rule, or regulation whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense.

Section 142A. The department may from time to time, subject to the approval of the Governor and council, after a hearing adopt or amend regulations to prevent pollution or contamination of the atmosphere, effective upon filing with the State secretary as provided in section 37 of chapter 30, or at such later date as may be specified by the department. Such filing shall create a presumption, which may be rebutted, of compliance with the requirements of section 2 of chapter 30A in the adoption or amendment of such regulations. Any municipality, corporation or person, which, after due notice, continues to violate any such regulation shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $50 for the first offense, and not less than $20 nor more than $100 for every succeeding offense. The supreme judicial or superior court, upon the application of the department. or upon the application of any person interested, with the approval of the department, may enforce such regulations, and restrain the use or occpuation of the premises or such portion thereof as the department may specify until such regulations have been compiled with.

Section 142B. There is hereby established a metropolitan air pollution control district, to consist of the territory and waters comprised within the cities and towns of Arlington, Belmont, Boston, Braintree, Brookline, Cambridge, Canton, Chelsea, Dedham, Everett, Lynn, Malden, Medford, Melrose, Milton, Needham, Newton, Peabody, Quincy, Revere, Saugus, Somerville, Stoneham, Wakefield, Waltham, Watertown, Weymouth, Winchester, Winthrop, and Woburn, and such other cities and towns as may, after application for admission to the said district, be admitted thereto by the department; provided, that said district shall at all times be composed of contiguous territory.

The department shall control the pollution of the atmosphere within said district. The department may from time to time, after a public hearing, prescribe and establish, amend or repeal, rules and regulations to prevent pollution or undue contamination of the atmosphere within said district.

Personnel of the department may in the performance of their duties under this section, enter and inspect any property, premise, or place, and may stop and detain for inspection any motor vehicle for the purpose of investigating either an actual or suspected source of air pollution or air contamination or of ascertaining compliance with any rule or regulation adopted hereunder. Any information relating to secret processes, methods of manufacture, or production obtained in the course of such inspection shall be kept confidential upon request.

This section shall not operate to abrogate any of the powers and duties, as defined by general or special law, of any agency or political subdivision of the Commonwealth.

The department shall have power to order any person, corporation, or political subdivision having control of an air contamination source, other than an employee, to stop or abate violation of any of the rules and regulations adopted pursuant to this section or of any of the rules and regulations adopted under provisions of section 142A. Any person, corporation, or political subdivision violating any order of the department shall be punished by a fine of not less than $50 nor more than $100 for the first offense and not less than $200 nor more than $500 for each succeeding offence. For the purpose of this paragraph each subsequent day or part thereof of violation of such an order, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offence. The superior court sitting in equity, on petition of the department or any person authorized by the department shall have jurisdiction to restrain violations of any rules or regulations adopted pursuant to this section until such rules and regulations have been complied with.

Nothing in this section or in any rule or regulation adopted hereunder shall be construed as relieving, under any circumstances, any person, corporation, or political subdivision from responsibility or liabiilty for any damages which may occur or for civil or criminal proceedings arising out of or as a result of any action of said person, corporation, or political subdivision, regardless of any action of the department, and persons other than the department shall not acquire actionable rights by virtue of such action.

The department shall maintain and operate such air sampling stations and devices; make or perform such routine and special examinations, inspections, observations, determinations, laboratory analyses, and surveys; maintain such records; and perform such other acts as it deems necessary to conduct an adequate air pollution control program within the metropolitan air pollution control district.

The Commonwealth shall be reimbursed, as hereinafter provided, for all appropriations made by the general court and expended by the department for such purposes. The State treasurer shall issue his warrant requiring the assessors of the cities and towns of the metropolitan air pollution control district to assess a tax in the amount of the suns expended, one-half of which shall be in proportion to their assessed valuations and one-half of which shall be in proportion to their respective populations: Provided, That any such city or town may in any year anticipate in whole or in part its assessment, and appropriate, raise, and deposit the amount thereof with the State treasurer, and any sum so deposited shall be credited against such assessment. The assessed valuations of the several cities and towns shall be the last preceding valuations made for purposes of apportioning the State tax.

Section 12C. Other air pollution control districts similar to that established by section 142B may be formed upon approval of the department. Each such district shall be composed of two or more political subdivisions of the Commonwealth and of contiguous territory. Cities or towns wishing to form such a district shall make joint application to the department, requesting the department to approve such ditrict and to effect the control of air pollution therein. The powers, duties, and rights of the department in the exercise of air control in such districts and in the manner in whihc funds shall be made available to it shall be as provided in section 142B.

COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF PUBLIC HEALTH

THE LAW CONCERNING THE ASSIGNMENT OF PLACES FOR DUMPS AND INCINERATORS Section 150A of Chapter III of the General Laws, as Amended by Chapter 310

of the Acts of 1955 No place in any city or town shall be established or maintained by any person, including any political subdivision of the Commonwealth, as a dumping ground for garbage, rubbish or other refuse or as a site for a refuse disposal incinerator unless such place has been assigned by the board of health of such city or town as a dumping ground or as a site for a refuse disposal incinerator subject to the provisions of any ordinance or bylaw adopted therein under chapter 40A or corresponding provisions of earlier law. The assignment of a place as a dumping ground or as a site for a refuse disposal incinerator shall be conditioned upon such limitations with respect to the extent, character, and method of operation thereof as may be necessary to protect the public health, comfort, and convenience. The department shall advise, upon request, any board of health previous to the assignment of a place as a dumping ground or as a site for a refuse disposal incinerator; and any person aggrieved by the action of a board of health in assigning a place as a dumping ground or as a site for a refuse disposal incinerator, including persons in control of any public land, the selectmen of any town, and in cities having a plan D or plan E charter the city manager, and in other cities the mayor, when authorized by vote of the city council, may, within 60 days, appeal to the department from the assignment of the board of health, and the department may, after due notice and public hearing, rescind or suspend such assignment or modify the same by the imposition or amendment of conditions. Every person, including every political subdivision of the Commonwealth, maintaining or operating a place assigned as a dumping ground or as a site for a refuse disposal incinerator, shall maintain and operate the same in such manner as will protect the public health, comfort, and convenience and prevent a nuisance or a danger to the public health by reason of odor, dust, fires, smoke, the breeding or harboring of rodents, flies, or vermin, or other cause. The assignment of any place as a dumping ground or as a site for a refuse disposal incinerator may be rescinded or suspended, or may be modified through the imposition or amendment or conditions, at any time after due notice and public hearing, by the board of health of the city or town where it is located, or by the department upon determination that the dumping ground or site for a refuse disposal incinerator results in a nuisance and a danger to the public health. The superior court shall have jurisdiction in equity to enforce the provisions of this section upon petition of the department or any person aggrieved.

MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH, DIVISION OF SANITARY

ENGINEERING

REGULATIONS TO PREVENT POLLUTION OF THE ATMOSPHERE (ADOPTED UNDER

PROVISIONS OF SECS, 142A AND 5B OF CH. 111 OF THE GENERAL LAWS)

A. Definitions

When used in these regulations or in communications, notices or orders ensuing hereunder, the following words and phrases shall have the meanings ascribed to them below:

1. AEROSOL means a system of solid or liquid particles dispersed in a gas.

2. AIR CONTAMINANT includes but is not limited to a dust, fly-ash, fume, gas, mist, odor, smoke, vapor, pollen, micro-organisms, radioactive material, ionizing radiation, any combination thereof, or any decay or reaction product thereof.

3. AIR CONTAMINATION SOURCE means any source at, from, or by reason of which any air contaminant is emitted directly or indirectly into the ambient air space.

4. ATMOSPHERIC POLLUTION means the presence in the ambient air space of one or more air contaminants or combinations thereof in such quantities and of such duration as to

(a) cause a nuisance;

(b) be injurious or be, on the basis of current information, potentially injurious to human or animal life, to vegetation, or to property; or

(C) unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business. 30-083464

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5. AMBIENT AIR SPACE means the unconfined space occupied by the atmosphere above the geographical area of Massachusetts.

6. ATMOSPHERE means the gaseous fluid surrounding the earth; the air.

7. DEPARTMENT means the Department of Public Health of the Commonwealth of Massachusetts.

8. Dust means finely divided solid matter formed, usually, from larger masses by mechanical attrition or other applied energy.

9. EMISSION means a discharge or release to the ambient air space of any air contaminant.

10. Fly Ash means the aerosolized solid component of burned or partially burned fuels. “Soot” and “cinders” are included within the meaning of the term “fly ash", and "fuels” means all materials which can undergo combustion.

11. Fume means a solid or liquid aerosol resulting from chemical reaction or from the condensation of vapors produced during combustion, distillation, or sublimation. 12. GAS mear

ans that state of matter haring neither independent shape por independent volume but tending to expand and diffuse infinitely.

13. IONIZING RADIATION means gamma rays, X-rays, alpha and beta particles, neutrons, high-speed electrons or protons, other nuclear particles or the products of interaction of such radiation with matter.

14. Mist means a liquid aerosol formed by the condensation of liquid vapor on nuclei such as submicron particles of dust or gaseous ions, or formed by the atomization of liquids.

15. Opor means that property of gaseous, liquid, or solid materials that elicits a physiologic response by the human sense of smell.

16. OPEN BURNING means burning under such conditions that the products of combustion are emitted directly into the ambient air space, and are not conducted thereto through a stack, chimney, duct, or pipe.

17. Person means an individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency, political subdivision, or any other entity recognized by law as the subject of rights and duties.

18. POLLEN means the fertilizing element of flowering vegetation.

19. RADIOACTIVE MATERIAL means any material (solid, liquid, or gaseous) which spontaneously emits radiation.

20. SMOKE means a visible aerosol, usually carbonaceous, resulting from incomplete combustion.

21. SUCCEEDING OFFENSE means the second and subsequent days, or parts thereof, of continuation of a violation of these regulations by any person after due notice by the department. Such violation may be continuous or intermittent.

22. VAPOR means the gaseous state of certain substances that can exist in equilibrium with their solid or liquid states under standard conditions. B. Prohibition of emissions

No person or persons owning, leasing, or controlling the operation of any air contamination source or sources shall willfully, negligently, or through failure to provide necessary equipment or facilities or to take necessary precautions, permit the emission from said air contamination source or sources of such quantities of air contaminants which will cause, by themselves or in conjunction with other air contaminants, a condition of atmospheric pollution. C. Control of emissions

The department, after investigation, may require any person or persons owning, leasing, or controlling the operation of any air contamination source or sources, the operation, functioning, or use of which causes or contributes to a condition of atmospheric pollution, to limit the emission or emissions from said air contamination source or sources to such quantities as the department finds will not cause, by themselves or in conjunction with other emissions, a condition of atmospheric pollution. If the department finds that it is not practicable to limit such emissions from certain operations or practices to a specified quantity or rate, it may prohibit or impose restrictions upon said operations or practices. The following list is included to provide examples of what is meant by the phrase "certain operations and practices,” without necessarily limiting the scope thereof: (1) The open burning of -

(a) Refuse dumps and refuse piles.
(6) Other wastes, gaseous, liquid, or solid.
(c) Materials for salvage purposes.

(2) The open storage, dumping, or lagooning of solid or liquid materials, including domestic, agricultural, and industrial wastes. D. Severability

So far as the department may provide, each section or part thereof of these regulations shall be construed as separate to the end that if any section, sentence, clause, or phrase shall be held invalid for any reason, the reminder of these regulations shall continue in full force.

ALFRED L. FRECHETTE, M.D., Commissioner. Prescribed and established by the department of public health at the meeting of its public health comcii held on June 16, 1900.

ALFRED L, FRECHETTE, M.D. Approved by Governor and council on July 20, 1960. Filed with the State secretary on July 25, 1960.

COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF PUBLIC HEALTH,

METROPOLITAN AIR POLLUTION CONTROL DISTRICT

Rules and regulations to prerent pollution or undue contamination of the

atmosphere within the Metropolitan Air Pollution Control District

SECTION 142B, CHAPTER III, GENERAL LAWS Adopted by the Massachusetts Department of Public Health on July 11, 1961, in accordance with the provisions of Section 142B of Chapter III of the General Laws as inserted by Chapter 676 of the Acts of 1960, in accordance with the procedure required by Chapter 30A of the General Laws, and after a public hearing held on May 26, 1961.

Filed with the Secretary of State and effective August 1, 1961. Regulation 1. Definitions

When used in these regulations or in communications, notices, or orders relative thereto, the following words and phrases shall have the meanings ascribed to them below:

1.1 AEROSOL means a system of solid or liquid particles dispersed in a gas.

1.2 AIR CONTAMINANT includes but is not limited to dust, fly ash, fume, gas, mist, odor, smoke, va por, pollen, micro-organismis, radioactive material, ionizing radiation, any combination thereof, or any decay or reaction product thereof.

1.3 AIR CONTAMINATION SOURCE means any source at, from, or by reason of which any air contaminant is emitted directly or indirectly into the ambient air space.

1.4 ATMOSPHERIC POLLUTION means the presence in the ambient airspace of one or more air contaminants or combinations thereof in such quantities and of such duration as to

(a) cause a nuisance;

(b) be injurious or be, on the basis of current information, potentially injurious to human or animal life, to vegetation, or to property; or

(c) unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business. 1.5 AMBIENT AIRSPACE means the unconfined space occupied by the atmosphere above the geographical area of the District.

1.6 CHART means the Ringelmann's Scale for grading the density of smoke, as published by the United States Bureau of Mines, and as referred to in the Bureau of Mines Information Circular No. 6888 or superseding publication, or any smoke inspection guide complying with the design and test specifications of, and used in accordance with, the provisions of Title 42, Chapter 1, Subchapter F, Part 75 of the Federal Register, or the “Smokescope" as manufactured by the Mine Safety Appliances Company, Pittsburgh, Penusylvania, C.S.A.

1.7 DEPARTMENT means the Department of Public Health of the Commonwealth of Massachusetts.

1.8 DISTRICT means the Metropolitan Air Pollution Control District established by Section 142B, Chapter 111, General Laws.

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