here in Ma. The law is pretty clear who has the authority on smoke
“Department of Environmental Protection (MassDEP) regulations limit visible smoke ("opacity") and prohibit air pollution that places people at risk, interferes with property uses, threatens natural resources, or creates nuisances, such as excessive odor and soot. “
The law is also pretty clear the board of health rules
“A city or town, through its Board of Health or other legal authority (referred to in this fact sheet as “Board of Health”), has the authority to enact “reasonable” rules and regulations to control air pollution, pursuant to Massachusetts General Laws Chapter 111, Section 31C (Section 31C). These regulations are enforceable only after they are approved by the Massachusetts Department of Environmental Protection (MassDEP) and printed in a newspaper published in the city or town (if there is no newspaper published in the city or town, the regulation must be posted in a public place). “
Boards of Health may enact regulations to control air pollution if the regulation serves to prevent:
1. Nuisance to members of the town;
2. Danger to the public health of the town; or
3. Detriment to public comfort and convenience in the town.
If you want to be combative, I’d say look to see if the board of health formulated their rules properly. Ask when the notice was published and get a copy. Ask to see the letter of approval from the EPA. Hey , you are just trying to inform yourself of the proper rules
Chances are, unless the town is big enough to have a solicitor, they did not follow the proper procedure.
That said , the fines are pretty stiff if you do not follow the boards rules. here is the state code
“Section 31C: Atmospheric pollution; regulation and control; publication; hearings; penalties; enforcement; jurisdiction; injunction
Section 31C. A board of health, or other legal authority constituted for such purpose by vote of the town or city council shall have jurisdiction to regulate and control atmospheric pollution, including, but not limited to, the emission of smoke, particulate matter, soot, cinders, ashes, toxic and radioactive substances, 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.
Said board of health or other legal authority, subject to the approval of the department of environmental protection, in this section called the department, may from time to time adopt reasonable rules and regulations for the control of atmospheric pollution. Before the board of health or other legal authority submits such rules and regulations to the department for approval, such board or other legal authority shall hold a public hearing thereon, of which notice shall be given by publication for one day in each of two successive weeks in a newspaper published in the town, the first publication to be at least fourteen days prior to the date of the hearing, or if no newspaper is published in such town, by posting a copy of such notice in a public place therein. Said rules and regulations, when approved by the department, and after publication in a newspaper published in the town, or, if no newspaper is published in such town, after posting a copy in a public place, shall have the force of law.
The department shall advise the board or other legal authority in all matters of atmospheric pollution. The department may, upon request of the board of health or other legal authority of a town adversely affected by atmospheric pollution arising in another town, after a hearing to all parties interested, assume joint jurisdiction to regulate or control such cause of atmospheric pollution and may exercise all powers of the local board of health or other legal authority under provisions of the General Laws or any special laws.
Whoever violates any order, rule or regulation promulgated or adopted under the provisions of this section shall be punished, for the
first offense, by a fine of not less than one thousand nor more than five thousand dollars and for a subsequent offense, by a fine of not less than five thousand nor more than ten thousand dollars. For the purpose of this paragraph each day or part thereof of violation of such an order, rule or regulation whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense.
Rules and regulations promulgated or adopted under the provisions of this section shall be enforced by said board of health or other legal authority either of which may delegate the power to enforce specific regulations to other agencies or departments of the same city or town. The superior court shall have jurisdiction in equity to enforce such rules and regulations and may restrain by injunction any violation thereof.”
Refs:
https://www.mass.gov/files/documents/2016/08/su/31cguid.pdf
https://www.mass.gov/guides/heating-your-home-with-a-wood-burning-appliance
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section31C
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In a related experience, back before the town put in sewer and water we all lived on shallow wells and septic tanks. My neighbor used to drain her wash tub directly into the ground, and close to my intake pipe. Every summer I had soap in my water. I talked to her, but it did no good. What I eventually did was put in a triple filter (sediment, charcoal, reverse osmosis) that cleaned up enough for drinking
I just don’t believe in running to the cops
But the equivalent would require the neighbor to close his window, does not seem that is going to happen
