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General Laws

Section 175. The department of environmental protection, in this section called the department, shall make reasonable orders, having due regard for the particular circumstances of each case, prohibiting the entrance or discharge of sewage into any part of the Charles river or its tributaries, and preventing the entrance or discharge therein of any other substance which may be injurious to the public health or may tend to cause an offensive odor or to create a public nuisance or to obstruct the flow of water or to diminish the public use or enjoyment of said river, its tributaries, or adjacent areas, including all waste or refuse from any factory or other establishment where persons are employed. Any finding of fact made by the department in making such an order shall be prima facie evidence in any proceeding to enforce such order. The department shall consult and advise with the owner of any factory or establishment, or with any municipality, discharging any substance into the Charles river or any of its tributaries, at his or its request or of the department’s own motion, as to the best practicable and reasonably available method of making such substance harmless. The supreme judicial and the superior court shall have jurisdiction in equity to enforce any order made by the department hereunder. Proceedings to enforce any such order shall be instituted and prosecuted by the attorney general upon the request of the department. Whoever violates any order of the department made under authority of this section shall be punished by a fine of not less than twenty-five nor more than one thousand dollars.

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