Limiting time
in which the
emission of
smoke may
be permitted.

Proviso.

Class V includes all stacks of vessels having an inside area at the top greater than the area of a circle four feet in diameter.

Class VI includes all stacks on steam locomotives.

SECTION 2. The emission of smoke of a degree of darkness or density equal to No. 2 of the chart or greater, for more than six minutes in any one hour from stacks of Class I; or of a degree equal to No. 3 of the chart or greater, for more than three minutes in any one hour from stacks of Class II; or of a degree equal to No. 2 of the chart or greater, for more than twenty-five minutes in any one hour, but not exceeding during said twenty-five minutes a degree equal to No. 3 of the chart or greater for more than five minutes from stacks of Class III; or of a degree equal to No. 3 of the chart or greater for more than three minutes in any one hour from stacks of Class IV, for more than five minutes in any one hour from stacks of Class V, and for more than twenty seconds in any one period of five minutes from stacks of Class VI, is hereby prohibited.

Provided, however, that during the calendar year nineteen hundred and ten, smoke of a degree of darkness or density equal to No. 3 of the chart or greater, may be emitted for not more than six minutes in any one hour from stacks of Class I; and smoke of a degree equal to No. 4 of the chart or greater, for not more than five minutes in any one hour from stacks of Class II, and for not more than ten minutes in any one hour from stacks of Class III, and for not more than nine minutes in any one hour from stacks of Class IV, and for not more than twelve minutes in any one hour from stacks of Class V; and of a degree equal to No. 3 of the chart or greater for not more than forty seconds in any one period of five minútes from stacks of Class VI; and during the calendar year nineteen hundred and eleven, smoke of a degree of darkness or density equal to No. 3 of the chart or greater may be emitted for not more than four minutes in any one hour from stacks of Class I, and for not more than ten minutes in any one hour from stacks of Class II; and of a degree equal to No. 3 of the chart or greater for not more than twenty minutes in any one hour, but not exceeding during said twenty minutes a degree equal to No. 4 of the chart or greater for more than five minutes from stacks of Class

III; and of a degree equal to No. 3 of the chart or greater for not more than twelve minutes in any one hour from stacks of Class IV, and for not more than fifteen minutes in any one hour from stacks of Class V, and for not more than thirty seconds in any one period of five minutes from stacks of Class VI; and during the calendar year nineteen hundred and twelve, smoke of a degree of darkness or density equal to No. 2 of the chart or greater, may be emitted for not more than eight minutes in any one hour from stacks of Class I; and of a degree equal to No. 3 of the chart or greater, for not more than six minutes in any one hour from stacks of Class II; and of a degree equal to No. 2 of the chart or greater for not more than thirty minutes in any one hour, but not exceeding during said thirty minutes a degree equal to No. 3 of the chart or greater for more than ten minutes from stacks of Class III; and of a degree equal to No. 3 of the chart or greater for not more than seven minutes in any one hour from stacks of Class IV, and for not more than nine minutes in any one hour from stacks of Class V.

And provided further, that stacks of locomotives, mov- Proviso. ing trains of six cars or more, be permitted to emit smoke in any five-minute period for ten seconds in excess of that already provided for in this act, and that stacks of Class VI, in and about round houses, may emit smoke for thirty minutes during the period when the fire is being built, or rebuilt after cleaning. The number of minutes or seconds during which smoke may be emitted in any period as provided in this section shall be deemed to mean the aggregate number of minutes or seconds, and such minutes or seconds need not be consecutive.

Table showing TABLE SHOWING THE DENSITY OF SMOKE, IN ACCORDANCE WITH THE RINGELdensity of MANN CHART, WHICH MAY BE EMITTED FROM THE VARIOUS CLASSES OF smoke. STACKS AS PROVIDED IN SECTION 2, AND THE DURATION OF SUCH EMISSION.

Smoke inspector, appointment,

etc.

The board of gas and electric light commissioners to enforce

provisions of act.

SECTION 3. The board shall appoint a smoke inspector who shall not engage in any other business, and such deputy inspectors as it may think proper, who shall be sworn to the faithful performance of their duties and shall hold office during the pleasure of the board. The board may also employ such clerks, stenographers and other office employees as it may deem necessary, and may expend for necessary office rent, books, stationery, travel and other expenses incidental to the performance of the duties imposed by this act, such sum as the legislature shall annually appropriate. The compensation of inspectors, deputy inspectors and all other employees shall be fixed by the board, subject to the approval of the governor and council. All salaries and other expenses provided for by this act shall be paid by the commonwealth, which shall be reimbursed as hereinafter provided.

SECTION 4. It shall be the duty of the board to enforce the provisions of this act, to investigate all complaints made with reference to any violations thereof, and in its discretion, to order any person or corporation complained

report.

of to comply with the provisions of this act, and to enforce Annual
such orders by legal proceedings. The board shall make
an annual report to the general court of its doings with
such recommendations as to legislative action or state
policy as it may deem advisable. The board, with the ap-
proval of the governor and council, may make such rules
and regulations as it deems advisable for its own govern-
ment, for the government of its employees and assistants,
for the observation of smoke by the inspector or his duly
authorized agents at reasonable intervals, and for keeping
proper records of all observations. Such observations and
records shall be open to public inspection at reasonable
times and under reasonable regulations.

smoke

SECTION 5. It shall be the duty of the smoke inspector, Duties of by himself and his assistants, to assist the board in the per- inspector. formance of its duties, in such manner as the board shall direct, to investigate complaints as to violations of this act, to collect evidence in regard to the same and present such evidence to the board for action.

board in

abating the

emission of

smoke, etc.

SECTION 6. The board shall have power, after notice Powers of the and a hearing, to order any person or corporation having control of the operation of the stack, other than an employee, to stop or abate the emission of smoke in violation of this act. Such notice shall be in writing and may be served personally upon such person or corporation, or duly authorized agent by any person authorized by the board to make such service, and in the manner provided by the laws of the commonwealth for the service of writs returnable to the superior court. Such notice shall be served at least forty-eight hours before the time fixed for the hearing, and a copy of the order or decree of the board, shall in like manner be served upon such person or corporation or duly authorized agent within twenty-four hours after the same shall be made by the board. In the event of violation, a copy of the observation made in accordance with section four shall be mailed within twenty-four hours to the person or corporation having control of the operation of the stack, and an additional copy shall be delivered upon the premises, as soon as is practicable to the employee having charge of the stack, unless it is otherwise requested in writing by any such person or corporation.

SECTION 7. Any person or corporation violating any Penalty, etc. order of the board shall be guilty of a misdemeanor and may be punished by a fine of not less than ten nor more

Temporary permits may be granted,

etc.

Apportionment of

expense, etc.

Repeal, etc.

than fifty dollars for the first offence and not less than twenty nor more than one hundred dollars for every succeeding offence. No person or corporation shall be deemed guilty in accordance herewith, unless the observations, used as evidence at the trial, shall be made as provided in section four. The superior court sitting in equity, on petition of the board or any person authorized by the board, shall have jurisdiction to restrain violations of this act during the prosecution of any proceeding at law for the enforcement of any order of the board.

SECTION 8. Temporary permits for the emission of smoke, covering periods not exceeding six months from June first, nineteen hundred and ten, may be granted by the board to any person duly applying for the same and satisfying the board that he will make changes or improvements to prevent the emission of smoke in violation of the provisions hereof. But after December first, nineteen hundred and ten, no further permits shall be granted unless the board is satisfied that public convenience requires it, and permits so granted shall be for a period not exceeding six months.

SECTION 9. The board shall annually estimate the expense of carrying this act into effect for the ensuing year and shall certify the same to the treasurer of the commonwealth who shall apportion said expense among the cities and towns comprised in the district in proportion to the amount of their state tax, and the treasurer shall annually notify each city and town of the amount to be paid by it, and the same shall be paid by such city or town into the treasury of the commonwealth at the time required for the payment of, and as a part of, its state tax.

SECTION 10. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect on the first day of July, nineteen hundred and ten. [Approved June 15, 1910.