reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 142h - Ceremonial Bonfires Restricted; Permits

Section 142H. The city council of a city with the approval of its mayor, or the board of selectmen or town council of a town, may authorize the fire department of such city or town to issue not more than one permit in any one year for a ceremonial bonfire in such city or town. Said ceremonial bonfire shall mark the observance of a significant municipal, state, or national event, and any such ceremonial bonfire shall be under the continuous supervision of the fire department. A permit for such a ceremonial bonfire shall be issued only to a municipal department or a civic, fraternal or veterans organization within such city or town. Only wood which has not been painted, impregnated, or otherwise treated with any foreign substance shall be permitted to burn in ceremonial bonfires. No ceremonial bonfire shall burn for more than twelve hours.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 142i - Bonfires From July 2 to July 6 Authorized

Section 142I. Notwithstanding any provision of sections one hundred and forty-two A and one hundred and forty-two B, and in addition to the ceremonial bonfires permitted under the provisions of section one hundred and forty-two H, any civic, fraternal, veteran, community, or business organization may build and ignite bonfires under the supervision and control of the fire department of the city or town in which such burning takes place during the period from July second to July sixth in each year. A permit for such bonfire shall be obtained by such organization from the head of the fire department upon his determination that such organization will conduct such burning in a proper and responsible manner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 142l - Agricultural Burning

Section 142L. Notwithstanding the provisions of sections one hundred and forty-two A to one hundred and forty-two E, inclusive, the burning of tree prunings, diseased plant materials, and brush from land clearing operations, which are the direct result of the normal commercial pursuit of agriculture, as defined in section one A of chapter one hundred and twenty-eight, shall be allowed subject to the permission of the local fire chief which need not be in writing. Said permission shall be based solely upon whether or not appropriate meteorological conditions exist to ensure safe burning.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 142n - Fossil Fuel-Fired Electric Generation Facilities; Uniform Performance Standards

Section 142N. For the purpose of preventing, mitigating, or alleviating impacts on the resources of the commonwealth and to the health of its citizens from pollutants emitted by fossil fuel-fired electric generation facilities serving retail customers in the commonwealth, the department of environmental protection shall, in consultation with the office of the attorney general and the department of telecommunications and energy, promulgate rules and regulations to adopt and implement for fossil fuel-fired electric generation facilities uniform generation performance standards of emissions produced per unit of electrical output on a portfolio basis for any pollutant determined by the department of environmental protection to be of concern to public health, and produced in quantity by electric generation facilities. The department of environmental protection shall have said uniform performance standards for at least one pollutant in effect on, but not before, May 1, 2003, unless three or more other northeastern states enact similar standards before that date, in which case the department of environmental protection may adopt such standards prior to May 1, 2003. The department of environmental protection shall issue annually, by March first of each year, an annual report detailing the implementation and compliance of said program, its standards, and its companion rules and regulations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 142o - Motor Vehicle Fuel Dispensing Facilities; Stage Ii Vapor Recovery Systems; Operation and Standards

Section 142O. (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
''Motor vehicle fuel dispensing facility'', a motor vehicle fuel facility which dispenses gasoline directly to motor vehicles.
''Stage II system'', a vapor collection and control system specifically designed for the purpose of controlling vapors during the direct dispensing of motor vehicle fuel to a motor vehicle.
(b) The department shall notify a motor vehicle fuel dispensing facility owner and operator, in writing, within 30 days of an inspection, when the department determines that a violation of its stage II system rules has occurred.
(c) The department shall not promulgate or enforce a requirement that a motor vehicle fuel dispensing facility with a defective component in the stage II system shall cease dispensing fuel at the facility after the discovery of the defective component if: (i) the facility operator marks the defective component ''out of order''; (ii) the facility operator takes the component out of service until repaired or replaced; and (iii) the remainder of the stage II system is operating in accordance with the General Laws and the regulations of the department of environmental protection. This subsection shall not prohibit the department from promulgating or enforcing a requirement that a motor vehicle fuel dispensing facility shall cease dispensing fuel after failing the annual compliance test of the stage II system until such time as the system passes the compliance test.
(d) The department shall not promulgate or enforce a requirement that less than 2 responsible individuals or officials shall certify, subject to criminal sanctions or civil penalties, all Stage II system compliance requirements at a dispensing facility where the facility is owned by 1 party, leased or managed by another independent party and both parties have separate Stage II compliance responsibilities.
(e) The department shall establish and implement ongoing programs to communicate the department's Stage II system standards and operating requirements to motor vehicle fuel dispensing facility owners and operators.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 143 - Trade or Employment Attended With Noisome and Injurious Odors; Assignment of Places; Prohibition; Appeal

Section 143. No trade or employment which may result in a nuisance or be harmful to the inhabitants, injurious to their estates, dangerous to the public health, or may be attended by noisome and injurious odors shall be established in a city or town except in such a location as may be assigned by the board of health thereof after a public hearing has been held thereon, subject to the provisions of chapter forty A and such board of health may prohibit the exercise thereof within the limits of the city or town or in places not so assigned, in any event. Such assignments shall be entered in the records of the city or town, and may be revoked when the board shall think proper.
The department of environmental protection shall advise, upon request, the board of health of a city or town previous to the assignment of places for the exercise of any trade or employment referred to in this section, and any person, including persons in control of any public land, aggrieved by the action of the board of health in assigning certain places for the exercise of any trade or employment referred to in this section may, within sixty days, appeal from the assignment of the board of health to the department and said department may, after a hearing rescind, modify or amend such assignment.
Notwithstanding any provision in section one hundred and twenty-five A of this chapter, this section shall apply to the operations of piggeries.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 144 - Revocation of Location Assignment; Removal of Nuisance

Section 144. If a place or building so assigned becomes a nuisance by reason of offensive odors or exhalations therefrom, or is otherwise hurtful or dangerous to the neighborhood or to travelers, the superior court may, on complaint of any person, revoke such assignment, prohibit such further use of such place or building, and cause the nuisance to be removed or prevented.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 146 - Orders of Prohibition; Service

Section 146. Orders of prohibition issued under section one hundred and forty-three shall be served by an officer qualified to serve civil process upon the occupant or person having charge of the premises where such trade or employment is exercised, and the board shall take all necessary measures to prevent such exercise. Whoever refuses or neglects for twenty-four hours thereafter to obey the same shall forfeit not less than fifty nor more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 147 - Appeal From Order; Notice; Trial

Section 147. Whoever is aggrieved by an order made under section one hundred and forty-three or one hundred and fifty-two may, within three days after service of the order upon him, give written notice of appeal to the board or department of environmental protection, and file a petition for a jury in the superior court in the county where the premises affected are located, and, after notice to the board or department of environmental protection, may have a trial in the same manner as other civil cases are tried by jury. If by mistake of law or fact or by accident he fails within said three days to apply as aforesaid, and if it appears to the court that such failure was caused by such mistake or accident, and that he has not, since the service of such order upon him, violated it, he may within thirty days after the service of the order upon him apply for a jury.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 148 - Exercise of Trade or Employment During Pendency of Proceedings

Section 148. Such trade or employment shall not be exercised contrary to the order while such proceedings are pending, unless specially authorized by the board; and if so specially authorized all further proceedings by the board shall be stayed while such proceedings are pending. Upon any violation of the order, unless specially authorized as aforesaid, the proceedings shall forthwith be dismissed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 150 - Damages and Costs

Section 150. If the order is affirmed by the verdict, the board shall recover costs to the use of the town; if it is annulled and the petitioner has not been specially authorized by said board to exercise such trade or employment during the proceedings, he shall recover damages and costs against the town; if it is annulled and the petitioner has been specially authorized as aforesaid, or if it is altered, he shall not recover damages, and the court may render judgment for costs in its discretion.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 150a1/2 - Standards and Criteria for Siting of Facilities; Rules and Regulations

Section 150A1/2. The department of environmental protection, in cooperation with the department of public health, shall promulgate rules and regulations for the siting of facilities pursuant to the provisions of section one hundred and fifty A. Said rules and regulations shall establish site suitability standards and criteria and shall include, but not be limited to, the following considerations:
(1) the location, nature and extent of any existing or potential sources of public or private drinking water supplies in relation to the site, including the recharge area of a sole source aquifer;
(2) the relationship of the site to groundwater elevations;
(3) the proximity of wetlands, as defined in section forty of chapter one hundred and thirty-one;
(4) the proximity of surface water bodies;
(5) the proximity of flood plains;
(6) the nature and extent of residential areas in proximity to the site;
(7) the availability and suitability of access roads to the site;
(8) whether areas adjacent to the proposed site have been previously used for solid waste disposal;
(9) the potential for adverse impact on air quality;
(10) the potential for creation of a nuisance from noise, windblown litter, or the proliferation of rodents, flies or other vermin;
(11) the potential for the adverse public health and safety impacts;
(12) the potential impact on agricultural uses;
(13) the potential adverse impact on wildlife or on wildlife habitat;
(14) the potential impact of increased traffic volume on roads to the site;
(15) the extent to which existing solid waste disposal facilities are located within a municipality. Site assignments for new facilities are preferred in municipalities without existing facilities;
(16) the extent to which the solid waste disposal needs of the municipality in which the site is sought are met as a member of a regional refuse disposal district. Site assignments in municipalities not participating in regional refuse disposal districts are preferred.
(17) the potential adverse impacts on communities within one-half mile of the proposed site including the potential adverse impacts on the considerations stated within this section for which site suitability standards and criteria are established.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 151 - Slaughter Houses; Regulation; Public Hearing; Application of Section

Section 151. No person shall occupy or use a building for carrying on the business of slaughtering cattle, horses, mules, sheep or other animals, or for a melting or rendering establishment, or for other noxious or offensive trade and occupation, or permit or allow said trade or occupation to be carried on upon premises owned or occupied by him, without first obtaining, after a public hearing has been held thereon, the written consent and permission of the mayor and city council, or of the selectmen, or, in any town having a population of more than five thousand, of the board of health, if any, of the town where the building or premises are situated. This section shall not apply to any building or premises occupied or used for said trade or occupation on May eighth, eighteen hundred and seventy-one; but no person who used or occupied any building or premises on said date for said trades or occupations shall enlarge or extend the same without first obtaining the written consent and permission of the mayor and city council or the selectmen, or, in any town having a population of more than five thousand, of the board of health, if any.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 152 - Use or Occupation of Buildings or Premises for Carrying on Offensive Trades or Occupations

Section 152. If any buildings or premises are so occupied or used, the department of environmental protection shall, upon application, appoint a time and place for hearing the parties, and, after due notice thereof to the party against whom the application is made and a hearing, may, if in its judgment the public health, comfort or convenience so require, order any person to desist from further carrying on said trade or occupation in such buildings or premises; and no person shall thereafter continue so to occupy or use such buildings or premises. Whoever occupies or uses any building or premises in violation of this or the preceding section shall forfeit not more than two hundred dollars for every month of such occupancy or use and in like proportion for a shorter time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 153 - Restraint of Unauthorized Occupancy, Use or Extension of Building or Premises Occupied or Used for Offensive Trades or Occupations

Section 153. The superior court may restrain the unauthorized occupancy, use or extension of any building or premises occupied or used for the trades or occupations aforesaid, and enforce the orders of the department issued under the preceding section; but this and the two preceding sections shall not impair any other remedies against nuisances.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 154 - Killing or Rendering of Horses; Licenses; Application; Notice to Director of Animal Health; Fees

Section 154. A person engaged in or desiring to engage in the business of killing horses, or in the rendering of horses or other animals, shall annually in March apply for a license to the board of health of the town where such business is to be carried on. The application shall be in writing and signed by the persons desiring to carry on such business, or, if the applicant is a corporation, by a duly authorized officer thereof. It shall state the names in full and the addresses of all persons desiring to carry on such business, or, if a corporation is the applicant, the names of all its officers, and the street or other place where the business is to be conducted. The board of health of a town may grant such licenses after it is satisfied that the applicants have a suitable building and plant in a situation approved by said board, and that they have suitable trucks or wagons for the removal of dead animals. The license shall state the name of the licensee, the situation of the building or establishment where the business is to be carried on, and shall continue in force until April first of the year next ensuing unless sooner revoked. The board of health shall keep a record of such licenses granted by it, and shall notify the director of animal health of the granting of any such license, giving the name and address of the licensee. Unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, the fee for a license shall not exceed one dollar, and a license may be revoked at any time by the board of health, but in no event shall any such fee be greater than ten dollars. Licensees shall report to the director of animal health, in such form and at such times as he may order, every animal received by them which is infected with a contagious disease. No unlicensed person shall carry on the business of killing horses or of rendering horses or other animals. So much of section thirty of chapter one hundred and twenty-nine as provides that no person shall knowingly sell an animal with a contagious disease shall not apply to any person who sells such animal to a licensee under this section, if such animal is to be killed or rendered at the establishment of such licensee. Whoever violates this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than three months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 155 - Licensing of Stables in Cities and Large Towns; Fees

Section 155. No person shall erect, occupy or use for a stable any building in a city, or in a town having more than five thousand inhabitants, unless such use is licensed by the board of health, and, in such case, only to the extent so licensed. The fee for such licenses shall be established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, but in no event shall any such fee be greater than forty dollars. This section shall not prevent any such occupation and use authorized by law on May fourth, eighteen hundred and ninety-five, to the extent and by the person so authorized, but the board of health of such a city or town may make such regulations or orders as, in its judgment, the public health requires relative to drainage, ventilation, size and character of stalls, bedding, number of animals and storage and handling of manure in any stable in its city or town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 156 - Stables in Vicinity of Churches

Section 156. No person shall in a city occupy or use a building for a livery stable, or a stable for taking or keeping horses and carriages for hire or to let, within two hundred feet of a church or meeting house erected and used for the public worship of God, without the written consent of the religious society or parish worshipping therein; but this section shall not prevent such occupation and use if authorized by law on May seventeenth, eighteen hundred and ninety-one, to the extent then authorized.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 158 - Licensing of Stables in Small Towns; Fees; Restraint of Erection, Occupancy or Use of Stables

Section 158. The selectmen of towns having a population of five thousand or less may license suitable persons to keep more than four horses in specified buildings or places within their respective towns, and may revoke such licenses at pleasure. The fee for such licenses shall be established by said selectmen, but in no event shall any such fee be greater than twenty dollars. Whoever, not being licensed as aforesaid, occupies or uses a building or place for a stable for more than four horses shall forfeit not more than fifty dollars for every month he so occupies or uses such building or place, and in like proportion for a shorter time. The superior court may restrain the erection, occupancy or use of stables contrary to this section or section one hundred and fifty-five or one hundred and fifty-six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 159 - Supervision of Inland Waters

Section 159. The department of environmental protection, in this section and sections one hundred and sixty to one hundred and sixty-six, inclusive, called the department, shall have the general oversight and care of all inland waters and of all streams, ponds and underground waters used by any city, town, water supply or fire district or public institution or by any water or ice company or any person in the commonwealth as sources of ice or water supply and of all springs, streams and watercourses tributary thereto. It shall be provided with maps, plans and documents suitable for such purposes, and shall keep records of all its transactions relative thereto. It shall give notice to the attorney general of any violation of law relative to the pollution of water supplies and inland waters.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 160b - Water Quality Violations; Orders of Department of Environmental Quality Engineering; Enforcement

Section 160B. The department shall immediately report any violations of standards or regulations regulating the quality of water used for drinking, domestic or culinary purposes to the department of public health. If the department of public health ascertains from its own inspection or from the report of the department that there is a violation of those regulations or standards which may endanger the public health, it may order the appropriate party to cease violating the regulation and to take whatever steps are necessary to purify the water. If any such order of the department of public health conflicts with any order of the department the order of the department of public health shall take precedence. Such an order will be enforceable by the superior court sitting in equity upon the petition of the department of public health.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 160c - Home Water Treatment Devices; Definitions Applicable to Secs. 160b to 160g

Section 160C. As used in this section and sections one hundred and sixty B to one hundred and sixty G, inclusive, the following terms shall, unless the context clearly indicates otherwise, have the following meanings:—
''Department'', the department of environmental protection.
''Home water treatment device'', any product that (a) is designed to alter the chemical, electro-chemical, or physical properties or characteristics of drinking water, and (b) is used, sold, leased, or rented for use on residential real property primarily for personal, family, or household purposes.
''Purchaser'', a person who purchases, leases or rents home water treatment devices.
''Seller'', a person who sells, leases, rents or promotes home water treatment devices.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 160d - Analysis of Drinking Water; Disclosure Form

Section 160D. Any person shall be permitted to test or analyze drinking water for the purpose of selling, leasing, renting or promoting home water treatment devices for the following substances: chlorine, chloride, color, iron, manganese, odor, hardness, hydrogen sulfide, PH, sulfate, TDS, zinc and such other substances as the department may by regulation allow; provided, however, that the test or analysis shall be accompanied by a form provided or approved by the department and given by the seller to the prospective purchaser setting out clearly and accurately the scope, limits, and results of said test or analysis. A civil penalty of not more than five thousand dollars shall be assessed for a failure by the seller to provide prospective purchasers with the required form. The department, in consultation with representatives of consumer groups and the home water treatment device industry shall develop such form or approve such forms as may be submitted to the department. Failure by the department to provide or approve such form shall constitute a waiver of said requirement until such form shall be provided or approved by the department.
Any person may deliver to an independent laboratory, certified by the department to test for drinking water supply parameters, a sample of water collected and sealed in a manner approved by the department for the purpose of having said water tested or analyzed. Results of such testing and analysis, including a comparison of such results with Massachusetts drinking water standards and a brief description of the health effects of any contaminants shown to be present at levels that exceed the Massachusetts drinking water standards shall be reported in writing to the prospective purchaser by the certified laboratory on a standard testing result form, as approved by the department, prior to any sale, lease or rental arrangement of a home water treatment device.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 160e - Analysis of Drinking Water by Uncertified Person; Penalty

Section 160E. A civil penalty of not more than five thousand dollars shall be assessed on any person who is not certified by the department to perform drinking water quality testing who tests or analyzes drinking water, except for those tests allowed under the provisions of section one hundred and sixty D for the purpose of selling, leasing, renting or promoting a home water treatment device.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 160f - Misrepresentations; Sale of Home Water Treatment Devices

Section 160F. Any misleading statement or material misrepresentation made in order to sell, lease, rent or promote for sale, lease, or rental of a home water treatment device shall constitute an unfair and deceptive practice under the provisions of chapter ninety-three A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 160g - Enforcement of Secs. 160c to 160f

Section 160G. The department may make such rules and regulations or issue orders requiring such action as it deems necessary to enforce the provisions of sections one hundred and sixty C to one hundred and sixty F, inclusive. The department and cities, towns and districts acting through their local boards of health or boards or offices having like powers and duties where there is no board of health, shall have concurrent jurisdiction to enforce the provisions of said sections one hundred and sixty C to one hundred and sixty F, inclusive. Any persons aggrieved by any action of a city, town or district pursuant to the provisions of said sections one hundred and sixty C to one hundred and sixty F, inclusive, may appeal to the department and said department may, after a hearing, affirm, rescind, modify or amend such action. Civil penalties collected by cities, towns, and districts from said enforcement shall be retained for use by the cities, towns, and districts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 162 - Removal of Causes of Pollution; Petition; Hearing; Notice; Damages; Violation of Order

Section 162. Upon petition to the department by the mayor of a city or the selectmen of a town, the managing board or officer of any public institution, or by a board of water commissioners, or the president of a water or ice company, stating that manure, excrement, garbage, sewage or any other matter pollutes or tends to pollute the waters of any stream, pond, spring, underground waters, or watercourse used by such city, town, institution or company as a source of water supply, the department shall appoint a time and place within the county where the nuisance or pollution is alleged to exist for a hearing, and after notice thereof to parties interested and a hearing, if in its judgment the public health so requires, shall, by an order served upon the party causing or permitting such pollution, prohibit the deposit, keeping or discharge of any such cause of pollution, and shall order him to desist therefrom and to remove any such cause of pollution; but the department shall not prohibit the cultivation and use of the soil in the ordinary methods of agriculture if no human excrement is used thereon. The department shall not prohibit the use of any structure in existence on June eleventh, eighteen hundred and ninety-seven, upon a complaint made by the board of water commissioners of any town or by any water or ice company unless such board of water commissioners or company files with the department a vote of its city council, selectmen or company that such town or company will at its own expense make such changes in said structure or its location as said department shall deem expedient. Such vote shall be binding on such town or company. All damages caused by such changes shall be paid by such town or company; and if the parties cannot agree thereon, the damages may be recovered under chapter seventy-nine. Whoever violates such an order, (a) shall be punished by a fine of not more than twenty-five thousand dollars, to the use of the commonwealth, for each day that such violation occurs or continues, 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 per day for each day that such violation occurs or continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 163 - Appeal

Section 163. Whoever is aggrieved by an order made under section one hundred and sixty or section one hundred and sixty-two may appeal therefrom as provided in section one hundred and forty-seven; but such notice as the court shall order shall also be given to the board of water commissioners and mayor, or chairman of the selectmen, or president or other officer of the water or ice company interested in such order. While the appeal is pending the order of the department shall be complied with, unless otherwise authorized by it.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 164 - Enforcement of Orders, Rules and Regulations

Section 164. The supreme judicial or superior court, upon the application of the department or of any party interested, may enforce the orders, rules and regulations of said department, and restrain the use or occupation of the premises or such portion thereof as said department may specify on which the material is deposited or kept, or such other cause of pollution exists, until the orders, rules and regulations of the department have been complied with.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 165 - Entry on Premises; Compensation of Agents; Apportionment

Section 165. The agents and servants of the department may enter any building, structure or premises to ascertain whether sources of pollution or danger to the water supply there exist, and whether the rules, regulations and orders aforesaid are obeyed. Their compensation for services rendered in connection with proceedings under section one hundred and sixty-two shall be fixed by the department, and shall in the first instance be paid by the commonwealth; but the whole amount so paid shall, at the end of each year, be justly and equitably apportioned by the commissioner of revenue between such towns or companies as, during said year, have instituted said proceedings, and may be recovered in an action by the state treasurer, with interest from the date of demand.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 167 - Protection of Sources of Water Supply

Section 167. No sewage, drainage, refuse or polluting matter, of such kind and amount as either by itself or in connection with other matter will corrupt or impair the quality of the water of any pond or stream used as a source of ice or water supply by a town, public institution or water company for domestic use, or render it injurious to health, and no human excrement, shall be discharged into any such stream or pond, or upon their banks if any filter basin so used is there situated, or into any feeders of such pond or stream within twenty miles above the point where such supply is taken.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 168 - Prescriptive Rights of Drainage; Application of Sec. 167

Section 168. The preceding section shall not destroy or impair rights acquired by legislative grant prior to July first, eighteen hundred and seventy-eight, or destroy or impair prescriptive rights of drainage or discharge to the extent to which they lawfully existed on that date; nor shall it be applicable to the Merrimack or Connecticut rivers, or to so much of the Concord river as lies within the limits of Lowell.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 169 - Injunction Against Pollution of Water Supply

Section 169. The supreme judicial or superior court, upon application of the mayor of a city, the selectmen of a town, the managing board or officer of a public institution, or a water or ice company which is interested, may enjoin the violation of section one hundred and sixty-seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 170 - Willful Defilement or Corruption of Spring or Source of Water

Section 170. Whoever willfully and maliciously defiles or corrupts any spring or other source of water, or reservoir, or destroys or injures any pipe, conductor of water or other property pertaining to an aqueduct, or aids or abets in any such trespass, shall be punished by a fine of not more than twenty-five thousand dollars for each day that such willful and malicious activity occurs or continues, or imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2 years or by both such fine and imprisonment. Whoever otherwise defiles or corrupts any spring or other source of water, or reservoir, or destroys or injures any pipe, conductor of water or other property pertaining to an aqueduct shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day for each day that such violation occurs or continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 171 - Wilful Deposit of Excrement or Foul Matter Into Water Supply; Bathing in Water Supply

Section 171. Whoever wilfully deposits excrement or foul or decaying matter in water used for domestic water supply, or upon the shore thereof within five rods of the water, or whoever bathes in such water shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month. A police officer or constable of a town where such water is wholly or partially situated, acting within the limits of such town, and any executive officer or agent of a water board, board of water commissioners, public institution or water company furnishing water or ice for domestic purposes, acting upon the premises of such board, institution or company and not more than five rods from the water, may without a warrant arrest any person found in the act of violating this section and detain him in some convenient place until a complaint can be made against him therefor. The provisions of this section shall not interfere with the sewage of a town or public institution, or prevent the enrichment of land for agricultural purposes by the owner or occupant thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 173a - Police Employed to Protect Water Supply; Powers and Duties

Section 173A. Police employed by the water board or board of water commissioners of a city, town or water district, a public institution or water company, and duly appointed in one of the cities or towns within an area from which water is being supplied under the direction of such board, institution or company, or over which such board, institution or company has control, or where such water is furnished by such city, town, district, institution or company shall within and throughout any or all of such areas have all the powers and duties of police officers of cities and towns.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 173b - Entry Upon Premises Within Water Shed of Source of Water Supply

Section 173B. Any water board or board of water commissioners of a city, town or water district and any executive officer or agent of any such board or of a public institution or water company furnishing water for domestic purposes, and any police officer employed by such a water board, board of water commissioners, public institution or water company, may enter any premises except dwelling houses within the water shed of the source of water supply of such city, town, district, institution or company to ascertain whether the provisions of this chapter relative to water supply and the rules and regulations adopted under section one hundred and sixty are being obeyed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 174 - Driving Animal on Ice of Pond or Stream Used for Domestic Water Supply

Section 174. Whoever, not being engaged in cutting or harvesting ice, or in hauling logs, wood or lumber, drives any animal on the ice of a pond or stream used for domestic water supply for a town shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 174a - Prevention of Defilement of Domestic Water Supply by Gulls or Terns

Section 174A. In order to preserve the purity and prevent the pollution of the waters of any reservoir, pond, and stream used for domestic water supply, by the watershed system of the division of watershed management of the metropolitan district commission, or by a town, water supply or fire and water district, public institution or water company, said division, the public board or commission, or the governing board in case of a water company, having control of such waters may authorize one or more of its employees, so far as permissible under federal law, to take such reasonable means and use such appliances and weapons as, in the judgment of such public board or commission, or governing board, as the case may be, will prevent the defilement of said waters by gulls or terns, any provision of chapter one hundred and thirty-one to the contrary notwithstanding. Every such division, public board or commission and governing board shall keep an accurate account of all birds killed by its employees under authority of this section and submit such account to the director of the division of fisheries and wildlife of the department of fish and game at such times and covering such periods as he may prescribe.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 175 - Protection of Charles River From Pollution

Section 175. The department of environmental protection, in this section called the department, shall make reasonable orders, having due regard for the particular circumstances of each case, prohibiting the entrance or discharge of sewage into any part of the Charles river or its tributaries, and preventing the entrance or discharge therein of any other substance which may be injurious to the public health or may tend to cause an offensive odor or to create a public nuisance or to obstruct the flow of water or to diminish the public use or enjoyment of said river, its tributaries, or adjacent areas, including all waste or refuse from any factory or other establishment where persons are employed. Any finding of fact made by the department in making such an order shall be prima facie evidence in any proceeding to enforce such order. The department shall consult and advise with the owner of any factory or establishment, or with any municipality, discharging any substance into the Charles river or any of its tributaries, at his or its request or of the department's own motion, as to the best practicable and reasonably available method of making such substance harmless. The supreme judicial and the superior court shall have jurisdiction in equity to enforce any order made by the department hereunder. Proceedings to enforce any such order shall be instituted and prosecuted by the attorney general upon the request of the department. Whoever violates any order of the department made under authority of this section shall be punished by a fine of not less than twenty-five nor more than one thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 181 - Enforcement of Vaccination of Inhabitants of Towns

Section 181. Boards of health, if in their opinion it is necessary for public health or safety, shall require and enforce the vaccination and revaccination of all the inhabitants of their towns, and shall provide them with the means of free vaccination. Whoever refuses or neglects to comply with such requirement shall forfeit five dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 182 - Vaccination of Inmates of Institutions Supported by Aid of Commonwealth

Section 182. The board of health of a town where any incorporated manufacturing company, infirmary, training or industrial school, hospital or other establishment where the poor or sick are received, prison, jail or house of correction, or any institution supported or aided by the commonwealth, is situated may, if it decides that it is necessary for the health of the employees or inmates or for the public safety, require the authorities of said establishment or institution, at the expense thereof, to cause all said employees or inmates to be vaccinated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 183 - Exemptions From Vaccination Requirement

Section 183. Any person over eighteen presenting a certificate, signed by the register of a probate court, that he is under guardianship shall not be subject to section one hundred and eighty-one; and any child presenting a certificate, signed by a registered physician designated by the parent or guardian, that the physician has at the time of giving the certificate personally examined the child and that he is of the opinion that the physical condition of the child is such that his health will be endangered by vaccination, shall not, while such condition continues, be subject to the two preceding sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 184 - Establishment and Maintenance of Bacteriological Laboratories

Section 184. In order to better preserve public health and secure greater accuracy in the diagnosis of communicable diseases, county commissioners may establish and maintain bacteriological laboratories, or provide such laboratory facilities for their respective counties as they deem advantageous, and may expend necessary sums therefor. No expenditures shall be made under this section until the laboratories or the laboratory facilities established or provided in accordance herewith have been inspected and approved by the department.