General Laws: CHAPTER 111 ection 142A 

PART I ADMINI STRATION OF THE GOVERN ME NT 

TITLE XVI PUBLIC HEAL TH 

CHAPTER 111 PU BLI C HEAL TH 

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Section 142A Pollution or contamin at io n of atmosph ere ; preventio n; regulations ; vio lation; enforcement 

Section 142A. The department of environmental protection, referred to in this section and in 

sections one hundred and forty-two B through one hundred and forty-two M, inclusive, as the 

department may from time to time adopt regulations, pursuant to this section and sections 

one hundred and forty-two B through one hundred and forty-two M, inclusive, to prevent 

pollution or contamination of the atmosphere. Whoever violates any such regulation or any 

permit or plan approval or order issued thereunder: (a) shall be punished for each violation by 

a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than 

one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty of not 

more than twenty-five thousand dollars for each violation. Each day or part thereof that such 

violation occurs or continues shall be a separate violation. The civil penalty may be assessed 

in an action brought on behalf of the commonwealth in the superior court. The commonwealth 

may also bring an action for injunctive relief in the superior court for any such violation , and 

the superior court shall have jurisdiction to enjoin such violation and to grant such further 

relief as it may deem appropriate. 

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General Laws: CHAPTER 111 , S ction 142B 

PART I ADM IN ISTRATI ON OF THE GOVERNM ENT 

TITLE XVI PUBLI C HEAL TH 

CHAPTER 111 PUBL IC HEAL TH 

Section 142B Metropo litan air pollution contro l district; est ab lishment; co mpo si tion ; powe rs of 

department of environme ntal protection 

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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 premises, providing said personnel receive the consent of the owner or 

person in control of such premises. A court, judge or justice authorized to issue warrants in 

criminal cases may, upon sworn testimony by said personnel that consent for such entry and 

inspection has been requested and refused , and upon further sworn testimony either (1) that 

a reasonable inspection of industrial or commercial premises is necessary to detect, prevent 

or warn against conduct or conditions which may threaten the public health, comfort and 

convenience by contributing to air pollution, or (2) that a reasonable nondiscriminatory public 

health inspection, of which the inspection of the particular premises is a part, has been 

authorized by the department and is being undertaken to detect, prevent or warn against 

conduct or conditions which may threaten the public health, comfort and convenience by 

contributing to air pollution, if satisfied that such testimony is true, issue a warrant identifying 

the particular premises and authorizing said personnel seeking the warrant to conduct a 

reasonable search of such premises during daylight hours if the premises is residential, or 

during operating hours if the premises is industrial or commercial. For the purposes of 

securing a warrant under this section, belief or knowledge regarding actual conduct or 

conditions in a particular premises shall not be necessary. Notwithstanding the provisions of 

any law to the contrary, any information, record , or particular part thereof, other than emission 

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General Laws: CHAPTER 111 . Section 142B Page 2of3 

data, submitted to the department pursuant to this section, shall, upon request, be kept 

confidential and not considered to be a public record when it is deemed by the commissioner 

that such information, record , or report relates to secret processes, methods of manufacture, 

or production or that such information, record , or report if made public would divulge a trade 

secret. 

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 reg ulations adopted pursuant to this section or of any of the 

rules and regulations adopted under the provisions of section one hundred and forty-two A 

and standards adopted under section one hundred and forty-two A and regulations adopted 

under section one hundred and forty-two D. Said order shall inform the alleged violator in 

writing of his right to request, within ten days, a hearing under the provisions of chapter thirty 

A, but if no such request is made within ten days, said person, corporation, or political 

subdivision shall be deemed to have consented to the order. If said person, corporation, or 

political subdivision requests a hearing, the commissioner of environmental protection, in this 

section and section one hundred and forty-two E called the commissioner, or his designee, 

shall within a reasonable time hold a hearing under the provisions of said chapter thirty A. 

The commissioner may reissue such order as is warranted and all orders, permits, or other 

determinations of the commissioner, except those consented thereto, shall be subject to 

judicial review as provided in chapter thirty A In addition, any person who participates in any 

public participation process required by the federal Clean Air Act, section 502 (b) (6), 42 

U.S.C. section 7661a (b) (6), or any amended version thereof or any regulation enacted 

thereunder, with respect to the department's final action on operating permits governing air 

emissions, and who has standing to sue with respect to the matter pursuant to federal 

constitutional law, may initiate an adjudicatory hearing pursuant to chapter thirty A, and may 

obtain judicial review, pursuant to chapter thirty A, of a final decision therein. Any person, 

corporation, or political subdivision violating any order of the department (a) shall be 

punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not 

more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil 

penalty not to exceed twenty-five thousand dollars for each such violation. The civil penalty 

may be assessed in an action brought on behalf of the commonwealth in any court of 

competent jurisdiction. 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 offense. The superior court sitting in equity, 

on petition of the department or any person authorized by the department shall have 

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General Laws: CHAPTER 111 , Section 142B Page 3 of3 

jurisdiction to enforce any such order and to restrain violations of any rules or regulations 

adopted pursuant to this section until such rules and regulations have been complied with. 

The department may, for the purpose of conducting a continuing inventory of air pollution 

source emissions, require any person owning , operating, or having control of any air 

contamination source to register said source with the department and to supply such 

information pertaining to said source as the department may specify. Registration shall be on 

a form supplied by the department and shall be accomplished within a period of time 

specified by the department after public notice, provided said period of time shall be not less 

than thirty days. 

Nothing in this section or in any ru le or regulation adopted hereunder shall be construed as 

relieving, under any circumstances, any person, corporation, or political subdivision from 

responsibility or liability 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 sums 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 shal l be the last 

preceding valuations made for purposes of apportioning the state tax. 

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General Laws: CHAPTER 111 Section 142C 

PART I ADMINISTRATION OF THE GOVERNMENT 

TITLE XVI PUBLIC HEAL TH 

CHAPTER 111 PUBLIC HEAL TH 

Section 142C Future districts ; formation 

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Section 142C. Other air pollution control districts similar to that establ ished by section one 

hundred and forty-two B 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 district and to effect the control 

of air pollution therein. The powers, duties, and rights of the department in the exercise of air 

pollution control in such districts and the manner in which funds shal l be made available to it 

shall be as provided in section one hundred and forty-two B. 

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General Laws: CHAPTER 111 

PART I ADMINISTRATION OF THE GOVERNMENT 

TITLE XVI PUBLIC HEAL TH 

CHAPTER 111 PUBLIC HEAL TH 

Section 2C Po llution vio lations ; orders of depa rtment of enviro nm ental protection 

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Section 2C. The commissioner of environmental protection or his designee may issue orders 

in the name of the department of environmental protection upon witnessing or being 

presented proof of the violation of any statute, ru le, regulation or code which the said 

department is authorized to enforce relative to pol lution. Such orders shall have the same 

force and effect as any rule or regulation promulgated by said department and any such order 

may be revoked by said department. 

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General Laws: CHAPTER 111 Section 142D Page 1 of 2 

PART I ADMINISTRATION OF TH E GOVERNMENT 

TITLE XVI PUBLIC HEA L TH 

CHAPTER 111 PUBLI C HEAL TH 

Section 1420 Air po llutio n con trol distri cts ; standa rd s and plans fo r imple men tation; estab li shment; 

pe riodic re view; amendm ent; compl ian ce wi th min im um federal stand ards 

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Section 1420. The department, with the approval of the governor, may establish air pollution 

control districts compatible with such air quality control regions as may be designated by the 

secretary of the federal department of health, education and welfare under the provisions of 

the Air Quality Act of 1967, or any additions or amendments thereto. The department, with 

the approval of the governor, may add to or remove from air pollution control districts such 

cities and towns, and may establish or abolish such other air pollution control districts, as it 

may deem advisable and necessary to effect air pollution control in the commonwealth. The 

department may adopt, and from time to time amend , after public hearings, ambient air 

quality standards applicable to said districts and to other portions of the commonwealth, and 

shall adopt a plan for the implementation, maintenance and attainment of such standards. 

The powers, duties and rights of the department in the exercise of air pollution control in 

districts established under this section and the manner in which funds shall be made 

available to it shall be as provided in section one hundred and forty-two B. 

From time to time the department shall review the ambient air quality standards and plan for 

implementation, maintenance and attainment of such standards adopted pursuant to this 

section and, after public hearings, shall amend such standards and implementation plan so 

as to minimize the economic cost of such standards and plan for implementation, provided, 

however, that such standards shall not be less than the minimum federal standards. The 

initial such amendments to such standards and implementation plan shall postpone the 

achievement dates for the primary and secondary ambient air quality standards to the latest 

dates permitted pursuant to federal law. Any compliance schedule, emission limitation, for 

new or existing facilities , order, rule, plan or regulation adopted pursuant to such standards or 

implementation plan shall be amended to conform to such amended standards and 

implementation plan upon petition of the owner or operator of a faci lity whose construction, 

maintenance or operation is affected by such compliance schedule, emission limitation, for 

new or existing facilities , order, rule, plan or regulation. The department shall, after 

opportunity for public hearing, issue a final order with respect to the subject matter of such 

petition within sixty days of the filing of the petition. 

In any standard , implementation plan, compliance schedule, emission limitation, for new or 

existing faci lities, order, rule, plan or regulation where the sulphur or ash content, or other 

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chemical or physical characteristic of fuels or emissions therefrom is subject to consideration 

by the department, the department shall allow stack height, fuel switching and variations in 

plant operation to be used instead of controls on such sulphur or ash ·content or chemical or 

physical characteristic of such fuels or emissions therefrom if the owner or operator of the 

. facility shall demonstrate to the satisfaction of the department that such controls are not 

necessary to achieve ambient air quality standards; provided, however, the department may 

impose conditions necessary to minimize public nuisance and adverse effects to the public 

health. If a variance or other permission granted by the department with respect to the 

sulphur or ash content, or other chemical or physical characteristic of fuels or emissions 

therefrom would otherwise prevent the achievement of primary or secondary federal ambient 

air quality standards within a time period required by the express language of a federal 

statute or regulation such variance or other permission shall be limited to the maximum time 

period allowed by federal law. 

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