The Manager's report back on the enforcement of idling-trains

Ref.:

Awaiting Report #6, dated September 18, 2017 Re: Enforcement of Idling Trains in Residential Areas Dear Sir:

The purpose of this response is to address Awaiting Report #6, dated September 18, 2017 whereby you were requested to enforce anti-idling in residential areas, specifically pertaining to idling trains, and report back to the Council.

We have reviewed the situation and put together the following overview of the measures taken in response to this order:

Per the state regulation, the Cambridge Police Department would have enforcement powers for a violation of the diesel locomotive idling regulation—310 CMR 7.11(2). When the statute is enforced by local police, District Court guidance on this issue indicates that the maximum penalty may be only $50 for such violations, which may not be a strong deterrent to the train companies and, in our experience, may therefore make it difficult to enforce.

There is a statutory method of enforcement that the Department of Environmental Protection (DEP) could follow pursuant to G.L.c.111, §142B, by issuing an order to stop or abate the violation of the idling regulation. Violation of such an order carries a penalty of imprisonment not more than 1 year; or a fine or civil penalty of not more than $25,000; or both. DEP has indicated that its enforcement authority under that statute would not apply to enforcement measures available to local police. DEP does not itself typically enforces violations such as this.

ADDRESS ALL COMMUNICATIONS TO 125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142 Internally, our Crime Analysis Unit reviewed calls for service for the previous 18 months matching the following criteria:

• Any noise complaint
• Anywhere in the city
• Containing any of these keywords:
• Train
• Tracks
• Rail
• CSX

During this time period, three calls for service were identified. In no time during this period were any citations or violations involving idling trains issued. Residents are encouraged to call our non-emergency line, [phone removed], for noise related complaints.

The Police Department will continue to monitor this location, and will continue to review the data collected to discover trends and identify areas requiring enforcement.

We look forward to identifying ways in which the Department can better serve the community.

Sincerely, Branville G. Bard, Jr.

Police Commissioner