General Laws: CHAPTER 111 ection 142A

PART I ADMINI S TR A TION O F THE GOV E RN ME NT TITLE XVI PUBLIC HEALTH CHAPTER 111 PU BLI C H E AL TH Page 1 of 1

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Section 142A P ollution or contamin at io n o f at m o s ph ere ; pr e ventio n ; r e g u lations ; vio l a t io n ; enforceme n t

Section 142A. The departm e nt of environmental protect io n , referred to in this section and in sections one hundred and forty-two B through one hundred and forty-two M, inclus ive , as the department may from time to t ime 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 i ssued 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 imp risonment ; or (b) shall be subject to a civi l penalty of not more than twenty
-five thousand dollars for each violation

. Each day or part thereof that such v i olation occurs or continues shall be a sepa rate violation

. The civil penalty may be assessed in an action brought on behalf of the commonwea lth 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 ju risdiction to enjoin such violation and to grant such further re l ief as it may deem approp riate

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2014Ge neral Laws: CHAPTER 111 , S ction 14 2B

PART I ADM IN I S TR ATI ON O F THE GOVERNM E N T TITLE XVI PUBLI C HEALT H CHAPTER 111 PUBL IC H EAL TH Se ction 1 42B Metropo lit an air pollution contro l district ; est ab l i s h m e nt ; co mpo si t ion ; powe r s o f department of environme n tal protection Page 1of3

' P ri nt

Section 1 42B

. The re is h ereby established a metropolitan air po ll ution control district , to consist of the te r ritory and waters compr i sed within the c ities 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 , Wa ltham , Watertown , Weymouth , Winchester, Winthrop , and Woburn, and such other cities and towns as may , after applicat ion for admission to the said district , be admitted thereto by the department; provided , that said distr i ct shal l at all times be composed of contiguous territory

. The department shall control the pollution of the atmosp h ere 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 d i strict. Personnel of the departmen t m ay in the performance of the i r duties under this section enter and inspect any premises , provid i ng said personnel receive the consent of the owner or person in con t rol of such premises. A court , judge or j u st ice authorized to issue warrants in crimina l cases may , upon sworn testimony by said perso n ne l that consent for such en try an d inspection has been requested and refused , and upon further sworn testimony either (1) th at a reasonable inspection of indust ri al or commercia l prem i ses is necessary to detect, preve nt or warn against conduct o r cond itions which may threate n the public h ealth , comfort and convenience by contributing to a i r pollution , or (2) that a reasonable no ndiscriminatory p ub l i c health inspect ion , of wh i ch the inspection of the part i cular p remises is a part , has been author ized by t h e department and is being undertaken to detect , prevent or warn against conduct or cond itions wh i ch may threaten the pub li c health , comfort a n d convenience by contributing to air pollut ion , if satisfied that such testimony is true , issue a warrant identifying the particu lar premises and author izing said person n e l seek i ng the wa rrant to condu ct a reasonable search of such premises during daylight hours if the p re m ises is resi d ent ia l , o r during operat ing hours if the premises is industria l or commercial. Fo r the purposes of secur i ng a war rant unde r t h i s sect i on , bel i ef or knowledge regarding actual conduct or cond it i ons in a particu l ar prem i ses shall not be necessary. Notwithstanding the provisi o ns of any law to the contrary , any i nformation , record , or part ic ular part t hereof , othe r than emissi o n
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. Section 142B Page 2of3

data, sub mitted to the d epartmen t p ursua nt to this section, s hall, up on request, be kept confidential and not co nsi de red to be a public record when it i s deemed by the co mmi ssi oner th at suc h in formation, rec ord , or rep ort re lates to secret proc es ses , meth ods of ma nufa cture, or produ cti on or that su ch informati on , reco rd , or report if made p ubl ic would divul ge a trade se cret. Th is se ct i on shall not op erate to abrogate any of the powers and dut ies, as defi ned by general or specia l law, of any a gen cy or political subdivision of th e commonwealth.
Th e department shall have power to order a ny person, co rpo rat i on , or pol iti cal subd iv ision having con trol of an air con tami nat io n so urce, other th an an employee , to stop or a bate violation of any of th e rules and reg ul ati ons ado pted pu rs uant to this sect io n or of any of th e ru les and re gulati ons adopted under th e provis i ons of section one hun dred and fo rty-tw o A and stan dards ado pte d un der secti on one hund re d and forty-tw o A a nd regulation s adopted under secti on one hundre d and forty- two D

. Said order shall inform the alleged viol ator in w riti ng of h i s right to reque st, withi n ten days , a hearing und er th e provisions of cha pter thirty A , but if no such request is mad e w ithin ten days , said pe rson , corp o rati on , or po litical subdivision shall be d eeme d to have co nsente d to the order. If said pe rs on , corporati on , or political subdiv i sion requests a heari ng, the comm iss ion er of en v iro nmental protectio n , in this secti on and se ction on e hundred and fo rty-two E calle d th e co mmissio n er, or his designee, shall w ithi n a reas on able tim e hold a hearing under th e prov isio ns of said ch apter th irty A

. The co mmi ssio ner m ay reiss ue such order as is warranted and all o rders , permits , or other determi n ati ons of the co mmi ssion er, exce pt th ose consented thereto , shall be subj ect to judicial review as p rovided in chapter th i rty 

### A In addition, an y person wh o p arti cip ates in any public pa rti ci pati on pro ces s req uired by th e federal C le an Air A ct, section 502 (b) (6) , 4 2 U

. S

. C

. se cti on 7661a (b) (6), or any ame nded vers ion th ereof or an y reg u latio n enacted the reunder , w ith respect to the dep a rtm ent's fin al action on operating pe rmits gove rn ing air emissions, and who has standing to sue with resp ect to the matter p ursuant to federa l cons titu tional law , may init iate an adjudicatory heari ng pu rsu a nt to chapter th i rty A , and may ob tai n judicial rev iew , pu rsu ant to chap ter th irty A , of a final decision therein. Any p ers on , co rporation, or political s ub division viol ati ng any orde r of the de partme nt (a) shall be punished by a fine of n ot m o re than twenty-fiv e thousand doll ars or by im pr is onment fo r n ot more than o ne yea r , or b oth such fine and imp rison me nt ; or (b), s hal l be s ubject to a c ivil pen alty n ot to exceed twen ty-fiv e th ousand dollars fo r ea ch s uch vio lati on
. Th e civil penalty m ay be assessed in an a cti on brought on be half of the co mmonwealth in an y court of competent jurisdi cti on
. For the purpose of thi s pa rag raph each sub seq uent day or p art there of of violation of such an o rde r, whether such violation be con tinuous or inter mittent, sh all be con stru ed as a separate and succe eding offe nse
. The superi or court sitti ng in equity, on petiti on of the de pa rtme nt or any pe rs on auth orized by the d epartment sha ll have

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2014Ge neral Laws : CHAPTER 111 , Section 14 2B Page 3 of3
jur i sdiction to enforce any such order and to restrain violations of any rules or regulations adopted pursuant to th i s secti on until such rules and regulat i ons have been complied w ith. The department may , for th e pu rpose of conducting a continuing inventory of air po l lution source emissions , require any person owning , operating, or having control of any air contam i nation source to register said source w ith the department and to supply such information pe r ta i n i ng to sa id source as the departme nt may specify

. Registration sha ll be o n a form supplied by the department and shall be accomplished within a per i od of time specifi e d by the department after public notice , provided sa id period of time shall be not less th an th irty d ays. Nothing in th i s section or in a ny ru le or regulat i on 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 ci v il or crim i nal proceeding s a rising out of or as a result of any action of said person, corporation , or polit i cal subdivision, regardless of a ny act i on of the departmen t, and persons other than the department shall not acq uire actionab le rights by v irt ue of such act ion. The department shall mainta i n and ope rate such air sampling stations and devices ; make o r perform such routine and special examinations , inspecti o ns , 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 w ithin the met ropolitan air pollution control district. The commonwealth shall be re i mbursed , as here i nafter provided , for all appropriations ma d e by the general court and expended by the department fo r such purposes
. The state treasurer shall issue his warrant requir i ng the assessors of the cit i es and towns of the metropol itan air pollution contro l district to assess a tax i n the amount of the sums expended , one half of which shall be i n proportion to their assessed valuat io ns and one half of which shall be in proport i on to t he i r respective populations ; prov ided , that any such city or town may i n any year anticipate i n whole or i n part its assessment , and appropriate, raise , and deposit the amount thereof with the state t reasurer , and any sum so deposited shall be credited aga in st such assessment. The assessed valuations of the several cities and towns shal l be the last preceding valuations made fo r pu rposes of apportioning the state tax

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2014General Laws: CHAPTER 111 Sectio n 142C

PART I ADMINISTRATION OF THE GOVERNMENT TITLE XVI PUBLIC HEALTH CHAPTER 111 PUBLIC HEAL TH Section 142C Future distr i cts ; formation Page 1of 1

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Section 142C. Other air pollution control districts similar to that establ i shed by section one hundred and forty-two B may be formed upon approval of the department. Each such distr ict 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 applicati o n to the department , requesting the department to approve such district and to effect the control of air pollut i on 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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PART I ADMINIS T RATION OF THE GOVERNMENT TITLE XVI PUBLIC HEALTH CHAPTER 111 PUBLIC HE AL TH Sect ion 2C Po l lution vio l ations ; orders of depa rtment of enviro nm ental protection Page 1of 1

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Section 2C

. The commissioner of e nvironmental protection or his designee may i ssue orders in the name of the department of environmental protection upon witness ing or being presented proof of the viol ation of any statute , ru le , regulation or code which the said department is authorized to enforce re lative to pol l ution

. Such orders sha l l have the same force and effect as any rule o r regulation promulgated by said department and any such order may be revoked by sa id department.

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PART I ADMINISTRATION OF TH E G OVERNMENT TITLE XVI PUBLIC HE A LTH CHAPTER 111 P U BLI C H E A L TH Section 1420 A ir po llutio n con t r o l d i stri cts ; standa rd s and plans fo r imple men t at i o n; e s tab li s h ment ; pe r i odic re vi e w ; amendm e nt ; compl ian ce wi th min im u m f e deral stand ar ds Pri nt

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 A i r 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 qual ity standards applicable to said d i str i cts and to other portions of the commonwealth , and shall adopt a plan for the i mplementation , maintenance and attainment of such standards

. The powers , duties and rights of the department in the exercise of air pollut i on control in districts establ i shed under this section and the manner in wh i ch funds shall be made available to it shall be as prov i ded in section one hundred and forty-two B. From time to time t h e depart ment shall rev iew the ambient air quality standards and plan for implementation , maintenance and attainment of such standards adopted pursuant to this section and , after public hear i ngs , 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 shal l 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 pr i ma r y and secondary ambient air qual ity standards to the latest dates permitted pursuant to federal law

. Any compliance schedu l e , emission li mitat i on , for new or existing facilities , order , rule , plan or regulatio n adopted pursuant to such standards or implementation p l an shall be am e nded to conform to such amended standards and implementation plan upon petition of the owner or ope rator of a faci l ity whose construction, maintenance or operation is affected by such compliance schedule , emission limitation , for new or existing facilities , orde r , rule , plan or regulation. The department shall , after opportunity fo r public hearing , issue a final order with respect to the subject matter of such petition w ithin sixty days of the filing of the petition

. In any standard , implementation p lan, compliance schedule , emissio n l imitation , for new or existing faci l ities , order , rule , plan or regulation where the sulphur o r ash content, o r other
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chemical or physical cha racter istic of fuels or emi ssions therefrom is subject to conside rat ion by the depart me nt, the depa rtment shall allow sta ck he ig ht , fuel switching and variat i ons in plant operat i on to be used in stea d of cont rol s on such sul ph ur or ash ·co ntent or chemical or physical characteristic of such fuels or emissions therefrom if t he ow ner or operato r of th e

. facility shall demonstrate to the sati sfacti on of the depa rtm e nt that such co ntro ls are not

n ecess ary to ach ieve ambien t air quality standards; p ro vid ed, however , the department may imp ose co nditi ons necessary to mi ni mize public nuisance an d adv erse effect s to the p ubli c hea lth. If a vari ance or other permi ssion g ranted by the depa rtment w ith respect to the sulphur or ash co ntent , or other chemical or phys i cal cha racteristic of fu el s or emi ssions therefrom would otherwise prevent the ach ieveme nt of pr imary or secondary federal amb ie nt air qua lity standards w ith i n a time period req u ired by the ex pres s language of a federal statute or regulation su ch vari ance or other permission sh all be lim ited to t h e ma xim um time p eri od allowed by federa l law.



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