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12 month he so occupies or uses such building or premises, and in like 13 proportion for a longer or shorter time. The provisions of this 14 section shall not apply to any building or premises which were occu- . 15 pied or used for said trades or occupations on the eighth day of May 16 in the year eighteen hundred and seventy-one; but no person who 17 used or occupied any building or premises on said date for said 18 trades or occupations shall enlarge or extend the same without 19 first obtaining the written consent and permission of the mayor 20 and aldermen, and of the common council if there is such a board, 21 or the selectmen, or, in any town having a population of more than 22 five thousand, of the board of health, if any.
1710-11, 8, § 2. R. S. 21, § 48.
1 SECTION 107. If any buildings or premises are so occupied Prohibition of 2 or used, the state board of health shall, upon application, appoint trades. 3 a time and place for hearing the parties and, after due notice thereof 1785, 1, 2. 4 to the party against whom the application is made and a hearing, 1871, 167, § 2. 5 may, if in its judgment the public health, comfort or convenience 1874, 308. 6 so require, order any person to desist from further carrying on said 1886, 101, § 4. 7 trades or occupations in such buildings or premises; and whoever 190. 8 thereafter continues so to occupy or use such buildings or premises 9 shall forfeit not more than two hundred dollars for every month 10 of such occupancy and use, and in like proportion for a shorter 11 time.
P. S. 80, § 93. 125 Mass. 182,
1 SECTION 108. The superior court shall have jurisdiction in Restraint of 2 equity to restrain the unauthorized occupancy, use or extension of ve 3 any building or premises which are occupied or used for the trades 171, 167, § 3. 4 or occupations aforesaid, and to enforce the orders of the state 5 board of health issued under the provisions of the preceding 6 section.
P. S. 80, § 94.
1 SECTION 109. The provisions of the three preceding sections other remedies 2 shall not impair any other remedies against nuisances. P. S. 80, § 95.
not impaired. 1874, 290.
POLLUTION OF WATER SUPPLY AND ITS SOURCES.
1 SECTION 110. The state board of health shall have the general Supervision of 2 oversight and care of all inland waters and of all streams and ponds 3 used by any city, town or public institution or by any water or ice 4 company in this commonwealth as sources of water supply and of 5 all springs, streams and water courses tributary thereto. It shall 6 be provided with maps, plans and documents suitable for such pur7 poses and shall keep records of all its transactions relative thereto.
1888, 375, § 1.
1886, 274, § 1. 1890, 441, 1. 1857, 510, § 1.
1886, 274, 2.
SECTION 111. Said board may cause examinations of such waters Examination 2 to be made to ascertain their purity and fitness for domestic use or supply. 3 their liability to impair the interests of the public or of persons is, 375, § 2. 4 lawfully using them or to imperil the public health. It may make 1890, 441, § 1. 1897, 510, § 1. 5 rules and regulations to prevent the pollution and to secure the 6 sanitary protection, of all such waters as are used as sources of 7 water supply.
SECTION 112. The publication of an order, rule or regulation Effect of pub 2 made by the board under the provisions of the preceding section notice.
or section one hundred and sixteen in a newspaper of the city or 3 town in which such order, rule or regulation is to take effect or, if 4 no newspaper is published in such city or town, the posting of a 5 copy of such order, rule or regulation in a public place in such city 6 or town shall be legal notice to all persons, and an affidavit of such 7 publication or posting by the person causing such notice to be pub- 8 lished or posted, filed and recorded with a copy of the notice, in 9 the office of the clerk of such city or town shall be admitted as 10 evidence of the time at which, and the place and manner in which 11 the notice was given.
SECTION 113. Said board shall annually, on or before the tenth 1 day of January, make a report to the general court of its doings for 2 1888, 375, §§ 1-3. the preceding year, recommend measures for the prevention of the 3
pollution of such waters and for the removal of polluting substances 4 in order to protect and develop the rights and property of the com- 5 monwealth therein and to protect the public health, and recommend 6 any legislation or plans for systems of main sewers necessary for 7 the preservation of the public health and for the purification and 8 prevention of pollution of the ponds, streams and inland waters of 9 the commonwealth. It shall also give notice to the attorney gen- 10 eral of any violation of law relative to the pollution of water sup-11 plies and inland waters.
SECTION 114. Said board may appoint, employ and fix the com- 1 1886, 274, §§ 1, 2. pensation of such agents, clerks, servants, engineers and expert 2
Agents and assistants.
1888, 375, §§ 1, 2. 1897, 510, § 2.
assistants as it considers necessary. Such agents and servants shall 3 'cause the provisions of law relative to the pollution of water supply 4 and of the rules and regulations of said board to be enforced.
Advice as to methods.
SECTION 115. Said board shall consult with and advise the 1
1886, 274, §§ 2, 3. authorities of cities and towns and persons having, or about to 2
1888, 375, §§ 2, 3,
have, systems of water supply, drainage or sewerage as to the 3 most appropriate source of water supply, and the best method of 4 assuring its purity or as to the best method of disposing of their 5 drainage or sewage with reference to the existing and future needs 6 of other cities, towns or persons which may be affected thereby. 7 It shall also consult with and advise persons engaged or intending 8 to engage in any manufacturing or other business whose drainage 9 or sewage may tend to pollute any inland water as to the best 10 method of preventing such pollution, and it may conduct experi- 11 ments to determine the best methods of the purification or disposal 12 of drainage or sewage. No person shall be required to bear the 13 expense of such consultation, advice or experiments. Cities, towns 14 and persons shall submit to said board their proposed system of 15 water supply or of the disposal of drainage or sewage, and all peti- 16 tions to the general court for authority to introduce a system of water 17 supply, drainage or sewerage shall be accompanied by a copy of the 18 recommendation and advice of said board thereon. In this section 19 the term "drainage means rainfall, surface and subsoil water 20 only and "sewage means domestic and manufacturing filth and 21
Removal of causes of pollution.
SECTION 116. Upon petition to said board by the mayor of a 1 city or the selectmen of a town, the managing board or officer of 2
1897, 510, §§ 3, 9.
3 any public institution, or by a board of water commissioners, or the 1890, 441, §§ 2, 7. 4 president of a water or ice company, stating that manure, excre5 ment, garbage, sewage or any other matter pollutes or tends to pol6 lute the waters of any stream, pond, spring or water course used by 7 such city, town, institution or company as a source of water sup8 ply, the board shall appoint a time and place within the county 9 where the nuisance or pollution is alleged to exist for a hearing, and 10 after notice thereof to parties interested and a hearing, if in its judg11 ment the public health so requires, shall, by an order served upon 12 the party causing or permitting such pollution, prohibit the deposit, 13 keeping or discharge of any such cause of pollution, and shall 14 order him to desist therefrom and to remove any such cause of 15 pollution; but the board shall not prohibit the cultivation and 16 use of the soil in the ordinary methods of agriculture if no human 17 excrement is used thereon. Said board shall not prohibit the use 18 of any structure which was in existence on the eleventh day of 19 June in the year eighteen hundred and ninety-seven upon a com20 plaint made by the board of water commissioners of any city or 21 town or by any water or ice company unless such board of water 22 commissioners or company files with the state board a vote of its 23 city council, selectmen or company, respectively, that such city, 24 town or company will at its own expense make such changes in 25 said structure or its location as said board shall deem expedient. 26 Such vote shall be binding on such city, town or company. All 27 damages caused by such changes shall be paid by such city, town or 28 company; and if the parties cannot agree thereon, the damages 29 shall, on petition of either party, filed within one year after such 30 changes are made, be assessed by a jury in the superior court for 31 the county where such structure is located.
1 SECTION 117. Whoever is aggrieved by an order passed under Appeal from 2 the provisions of the preceding section may appeal therefrom in 1890, 441, § 3. 3 the manner provided in sections ninety-five and ninety-seven; but 131 Mass. 197. 4 such notice as the court shall order shall also be given to the board
5 of water commissioners and mayor of the city or chairman of the 6 selectmen of the town or president or other officer of the water or 7 ice company interested in such order. While the appeal is pend8 ing the order of the board shall be complied with, unless otherwise 9 authorized by the board.
1897, 510, § 5.
SECTION 118. The supreme judicial court or the superior court Enforcement 2 shall have jurisdiction in equity, upon the application of the state 1890, 441, § 4. 3 board of health or of any party interested, to enforce its orders, or 4 the orders, rules and regulations of said board of health, and to 5 restrain the use or occupation of the premises or such portion thereof 6 as said board may specify, on which said material is deposited or 7 kept, or such other cause of pollution exists, until the orders, rules 8 and regulations of said board have been complied with.
SECTION 119. 119. The agents and servants of said board may enter Entry on 2 any building, structure or premises for the purpose of ascertaining 1897, 510, § 2.
3 whether sources of pollution or danger to the water supply there 4 exist, and whether the rules, regulations and orders aforesaid are 5 obeyed. Their compensation for services rendered in connection
Penalties. 1890, 441, § 5. 1897, 510, § 6.
Application of preceding sections.
1890, 441, § 6. 1897, 510, § 7. See 1895, 488.
Prescriptive rights unaffected.
Penalty for corrupting spring, etc. 1843, 65, § 2. G. S. 166, § 6. P. S. 208, § 7.
with proceedings under the provisions of section one hundred and 6 sixteen shall be fixed by the board and shall in the first instance 7 be paid by the commonwealth; but the whole amount so paid shall, 8 at the end of each year, be justly and equitably apportioned by the 9 tax commissioner between such cities, towns or companies as, 10 during said year, have instituted said proceedings, and may be 11 recovered in an action by the treasurer and receiver general, with 12 interest from the date of the demand.
SECTION 120. Whoever violates any rule, regulation or order 1 made under the provisions of section one hundred and eleven or 2 one hundred and sixteen shall be punished for each offence by a fine 3 of not more than five hundred dollars, to the use of the common- 4 wealth, or by imprisonment for not more than one year, or by both 5 such fine and imprisonment.
SECTION 121. The provisions of the eleven preceding sections 1 shall not apply to the Merrimac or Connecticut rivers, nor to so 2 much of the Concord river as lies within the limits of the city of 3 Lowell, nor to springs, streams, ponds or water courses over which 4 the metropolitan water board has control.
SECTION 122. No sewage, drainage, refuse or polluting matter, 1 of such kind and amount as either by itself or in connection with 2 other matter will corrupt or impair the quality of the water of any 3 pond or stream used as a source of ice or water supply by a city, 4 town, public institution, water or ice company for domestic use, or 5 render it injurious to health, and no human excrement, shall be 6 discharged into any such stream or pond, or upon their banks if 7 any filter basin so used is there situated, or into any feeders of 8 such pond or stream within twenty miles above the point where 9 such supply is taken.
SECTION 123. The provisions of the preceding section shall not 1 destroy or impair rights acquired by legislative grant prior to the 2 first day of July in the year eighteen hundred and seventy-eight, 3 or destroy or impair prescriptive rights of drainage or discharge, 4 to the extent to which they lawfully existed on that date; nor 5 shall it be applicable to the Merrimac or Connecticut rivers, or to 6 so much of the Concord river as lies within the limits of the city 7 of Lowell.
SECTION 124. The supreme judicial court or the superior court, 1 upon application of the mayor of a city, the selectmen of a town, 2 managing board or officer of a public institution, or a water or ice 3 company interested, shall have jurisdiction in equity to enjoin the 4 violation of the provisions of section one hundred and twenty-two. 5
SECTION 125. Whoever wilfully and maliciously defiles or cor- 1 rupts any spring or other source of water, or reservoir, or destroys 2 or injures any pipe, conductor of water or other property pertain- 3 ing to an aqueduct, or aids or abets in any such trespass, shall be 4 punished by a fine of not more than one thousand dollars, or by 5 imprisonment for not more than one year. 6
SECTION 126. Whoever wilfully deposits excrement or foul or Penalty for 2 decaying matter in water which is used for the purpose of domestic sources of 3 water supply, or upon the shore thereof within five rods of the 1879, 224. 4 water, shall be punished by a fine of not more than fifty dollars, or P. S. 208, § 8. 5 by imprisonment for not more than thirty days; and a police officer 6 or constable of a city or town in which such water is wholly or 7 partly situated, acting within the limits of his city or town, and any 8 executive officer or agent of a water board, board of water commis9 sioners, public institution or water or ice company furnishing water 10 or ice for domestic purposes, acting upon the premises of such 11 board, institution or company and not more than five rods from the 12 water, may without a warrant arrest any person found in the act 13 of violating the provisions of this section, and detain him until a 14 complaint can be made against him therefor. But the provisions of 15 this section shall not interfere with the sewage of a city, town or 16 public institution, or prevent the enriching of land for agricultural 17 purposes by the owner or occupant thereof.
for bathing in public
1 SECTION 127. Whoever bathes in a pond, stream or reservoir, 2 the water of which is used for the purpose of domestic water supply ponds. 3 for a city or town, shall be punished by a fine of not more than 1884, 172. 4 ten dollars.
- for driving
on ice of pond
used for water
Whoever, not being engaged in cutting or har2 vesting ice, or in hauling logs, wood or lumber, drives any animal 3 on the ice of a pond or stream which is used for the purpose of y 4 domestic water supply for a city or town shall be punished by a fine PS. 80, §§ 101, 5 of not more than fifty dollars or by imprisonment for not more than 6 thirty days.
establish a quarantine
SECTION 129. A town may establish a quarantine ground in a Town may 2 suitable place within its own limits; or, with the previous consent 3 of another town, within the limits thereof. Two or more towns ground 4 may in like manner join in establishing such quarantine ground for G.S.26,32,33. 5 their common use.
R. S. 21, §§ 27, 28.
R. S. 21, §§ 29–31.
SECTION 130. The board of health in a seaport town may from Quarantine 2 time to time establish the quarantine to be performed by vessels 1816, 44, $6. 3 arriving within its harbor, and may make quarantine regulations G. S. 26, 34-36. 4 for the health and safety of the inhabitants, which shall apply to PS50,$564-66. 5 all persons, goods and effects arriving in such vessels and to all 187 Mass. 558. 6 persons who, for any purpose, may visit the same. Whoever vio
98 Mass. 443.
144 Mass. 523.
7 lates any such regulation shall forfeit not less than five nor more 8 than five hundred dollars.
R. S. 21, 32.
1 SECTION 131. Such board may at any time cause a vessel arriv- Quarantine of 2 ing in port, if such vessel or its cargo is, in its opinion, foul or in- suspected 3 fected so as to endanger the public health, to be removed to the 1816, 44, § 6. 4 quarantine ground and thoroughly purified at the expense of the G. S. 26, 37. 5 owners, consignees or persons in possession of the same; and may 6 cause all persons arriving in or for any purpose visiting such vessel, 7 or handling the cargo, to be removed to any hospital under the care 8 of the board, there to remain under its orders.
P. 80, §