Tewksbury Odor - South Street Pig farm

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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.

  • 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."
  • 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:

    • Causes a nuisance...
    • Unreasonably interferes with comfortable enjoyment of life and property
  • 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.
  • 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.
  • 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
  • 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.
  • http://www.mass.gov - Trade or employment attended with... ...injurious odors...
  • 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.
  • http://www.mass.gov - "The department of environmental protection... may from time to time adopt regulations... to prevent pollution or contamination of the atmosphere"
  • 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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