Air Pollution Incident Emergency (APIE)

(1) The Commissioner shall declare an Air Pollution Incident Emergency if in his opinion, such is deemed advisable to prevent or abate a condition or impending condition which constitutes a present or reasonably imminent danger to the public health. (2) By nature of Air Pollution Incident Emergencies, as defined, APIE's do not lend themselves to specific pre-plannedstrategies forthe specific emission sources as in the case of Air Pollution Episodes. (3) Upon declarationofanAir PollutionIncident Emergency the Commissioner or his designee shall assume and exercise such authority and powers as are provided inM.G.L. c. 111, § 2Bas amended, and as the Commissioner or his designees may deem necessary to effect a prevention or an abatement of the conditions which occasioned his declaration of the APIE. (4) Appropriateagenciesofthe Commonwealth and political subdivisions thereof shall cooperate with the Commissioner and his designees in efforts to effect the prevention or abatement of the Air Pollution Incident Emergency. (5) Steps taken by any person to effect or assist in the prevention or abatement of an Air Pollution Incident Emergencyshallnot be proof conclusive in any action to establish responsibility for the event or happening that occasioned the APIE and shall not prejudice his rights under the law.