Massachusetts General Laws

Mass. Gen. Laws ch. 111, § 142A (2026)

Pollution or contamination of atmosphere; prevention; regulations; violation; enforcement

✓ current as of July 2026
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Section 142A. The department of environmental protection, referred to in this section and in sections one hundred and forty-two B through one hundred and forty-two M, inclusive, as the department may from time to time adopt regulations, pursuant to this section and sections one hundred and forty-two B through one hundred and forty-two M, inclusive, to prevent pollution or contamination of the atmosphere. Whoever violates any such regulation or any permit or plan approval or order issued thereunder: (a) shall be punished for each violation by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty of not more than twenty-five thousand dollars for each violation. Each day or part thereof that such violation occurs or continues shall be a separate violation. The civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior court. The commonwealth may also bring an action for injunctive relief in the superior court for any such violation, and the superior court shall have jurisdiction to enjoin such violation and to grant such further relief as it may deem appropriate.

Notes of Decisions
Cited in 3 cases, 1982–2013 · leading case: Franklin Off. Park Realty Corp. v. Comm'r of the Dep't of Env't Prot., 995 N.E.2d 785 (Mass. 2013).
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Franklin Off. Park Realty Corp. v. Comm'r of the Dep't of Env't Prot., 995 N.E.2d 785 (Mass. 2013). · cites it 2× “13 (2001); G. L. c. 111, § 142A. The DEP assessed administrative penalties against Franklin for its violations of the Clean Air Act, without first providing written notice of noncompliance as set forth in G.”
Commonwealth v. Brugmann, 433 N.E.2d 457 (Mass. App. Ct. 1982). “” G. L. c. 111, § 142A, as appearing in St.”
Brookline v. Comm. of the Dept. of Envtl Quality Eng'g, 439 N.E.2d 792 (Mass. 1982). “01 (1979) and the statute that gave the DEQE power to promulgate that regulation, G.L.c. 111, § 142A, provide sufficient guidance to the DEQE and to those whom the DEQE regulates.”
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