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Laws & Articles
Law & Regulations from the Tewksbury
Board of Health and Massachusetts
DEPARTMENT OF ENVIRONMENTAL PROTECTION 310 CMR 7.00:
AIR POLLUTION CONTROL Section 7.09: U Dust, Odor, Construction and
Demolition
(1) No person having control of any dust or odor generating operations
such as, but not limited to..........agricultural operations and
street sweeping shall permit emissions therefrom which cause or
contribute to a condition of air pollution1.
(4) No person shall cause, suffer, allow, or permit the handling,
transportation, or storage of any material in a manner that results or
may result in emissions therefrom which cause or contribute to a
condition of air pollution.1 AIR POLLUTION means the presence
in the ambient air space of one or more air contaminants or combinations
thereof in such concentrations 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.
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http://asci.uvm.edu/ - "In Massachusetts, on the other
hand, the Supreme Judicial Court ordered a hog farm that was shown
to be well run to cease operations within a 15 month period because
of the nuisance it was creating for its new neighbors. It also
ordered the payment of damages to the homeowners."
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http://www.nasda.org
- Massachusetts has vested it's DEP with broad regulatory and
enforcement authority over air pollution. Any substance or
phenomenon in the air including... dust or odors may be deemed
pollution if it:
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Causes a nuisance...
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Unreasonably interferes with comfortable enjoyment of life and property
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http://www.tewksbury.info - Tewksbury Board of Health
Regulations for Keeping Animals:
8.2. Manure shall be stored in such a manner as to control flies and
odors.
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http://www.tewksbury.info - "...no use shall be permitted which
would be offensive because of injurious or obnoxious... fumes,
odors, dust, debris, or other objectionable features... hazardous to
the community on account of fire or explosions or any other cause.
No permit shall be granted for any use which may prove injurious to
the safety or general welfare of the neighborhood into which it
proposes to locate or which may prove destructive of property values
because of any excessive nuisance qualities.
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http://www.mass.gov - "If a place or building so assigned
becomes a nuisance by reason of offensive odors or exhalations
therefrom,.. ...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
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http://www.mass.gov
- "A board of health... shall have jurisdiction to regulate and
control atmospheric pollution, including, but not limited to,...
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.
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http://www.mass.gov - Trade or employment attended with...
...injurious odors...
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http://www.mass.gov - Whoever is injured in the comfort or
enjoyment of his estate by such nuisance may recover in tort the
damages sustained thereby.
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http://www.mass.gov
- "The department of environmental protection... may from time to
time adopt regulations... to prevent pollution or contamination of
the atmosphere"
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Fresh Air -
Common Law - You have a Right to Fresh and Pure Air, meaning air unpolluted by particulates, chemicals, noise, discomforting annoyances, nuisances.
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