Mass. Gen. Laws ch. 21L, sec. 4 — MA Code / Part I / Title II / Chapter 21L / Section 4
Environmental violation; penalties
Status: in_force

Section 4. (a) A person who knowingly or recklessly commits an environmental violation and thereby causes serious bodily injury to another human being: (1) shall be subject to a civil penalty of not more than $100,000 for each violation in the case of an individual; and (2) in the case of an organization, shall be subject to a civil penalty of not more than $500,000 for the first violation and a civil penalty of not more than $2,000,000 for any second or subsequent violation. (b) A person who knowingly or recklessly commits an environmental violation and thereby causes a substantial risk of damage to natural resources or to the property of another person in an amount exceeding $25,000: (1) shall be subject to a penalty of not more than $100,000 in the case of an individual; and (2) in the case of an organization, shall be subject to a civil penalty of not more than $250,000 for the first violation and by a civil penalty of not more than $500,000 for a second or subsequent violation. (c) A person who negligently commits an environmental violation and thereby causes serious bodily injury to another human being or a substantial risk of damage to natural resources or to the property of another person in an amount exceeding $25,000, shall be subject to a civil penalty of not less than $2,500 nor more than $50,000 for the first violation and not less than $2,500 nor more than $100,000 for a second or subsequent violation. (d) Each day or part thereof that a violation occurs or continues shall be a separate violation. (e) The civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior court. (f) Whoever owns or operates a tank vessel carrying 6,000 or more barrels of oil from which oil is spilled into Buzzards Bay and who: (i) fails to provide notice under subsection (a) of section 9 of chapter 21M; or (ii) if such vessel was unaccompanied by a tugboat escort, provides notice under said subsection (a) of said section 9 of said chapter 21M, but fails to request a state pilot under subsection (b) of said section 9 of said chapter 21M; and (iii) violates this chapter shall be assessed triple the penalties provided in this section.

Section 4. (a) A person who knowingly or recklessly commits an environmental violation and thereby causes serious bodily injury to another human being: (1) shall be subject to a civil penalty of not more than $100,000 for each violation in the case of an individual; and (2) in the case of an organization, shall be subject to a civil penalty of not more than $500,000 for the first violation and a civil penalty of not more than $2,000,000 for any second or subsequent violation.

(b) A person who knowingly or recklessly commits an environmental violation and thereby causes a substantial risk of damage to natural resources or to the property of another person in an amount exceeding $25,000: (1) shall be subject to a penalty of not more than $100,000 in the case of an individual; and (2) in the case of an organization, shall be subject to a civil penalty of not more than $250,000 for the first violation and by a civil penalty of not more than $500,000 for a second or subsequent violation.

(c) A person who negligently commits an environmental violation and thereby causes serious bodily injury to another human being or a substantial risk of damage to natural resources or to the property of another person in an amount exceeding $25,000, shall be subject to a civil penalty of not less than $2,500 nor more than $50,000 for the first violation and not less than $2,500 nor more than $100,000 for a second or subsequent violation.

(d) Each day or part thereof that a violation occurs or continues shall be a separate violation.

(e) The civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior court.

(f) Whoever owns or operates a tank vessel carrying 6,000 or more barrels of oil from which oil is spilled into Buzzards Bay and who: (i) fails to provide notice under subsection (a) of section 9 of chapter 21M; or (ii) if such vessel was unaccompanied by a tugboat escort, provides notice under said subsection (a) of said section 9 of said chapter 21M, but fails to request a state pilot under subsection (b) of said section 9 of said chapter 21M; and (iii) violates this chapter shall be assessed triple the penalties provided in this section.