reglab/housing_qa huggingface dataset:
MA Gen L ch 21i § 21 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21i - Massachusetts Toxics Use Reduction Act|Section 21 - Penalties

Section 21. (A) Any person who violates any provision of this chapter, or any regulation or approval issued or adopted hereunder, shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day of such violation, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. This section shall not apply to section nineteen of this chapter.  (B) Any individual or toxics user who wilfully (i) violates any requirement of sections ten or eleven, or any regulation or approval issued or adopted thereunder, or (ii) violates any requirement of section twenty, shall be punished by a fine of not less than two thousand five hundred dollars or more than twenty-five thousand dollars for each violation, or by imprisonment for not more than one year, or by both.  (C) If the commissioner determines that:  (1) (i) an explanation submitted by a trade secret claimant pursuant to section twenty of this chapter presents insufficient assertions to support a finding that the information concealed is a trade secret; or (ii) after receiving supplemental supporting detailed information that the information concealed is not a trade secret; and  (2) that the trade secret claim is frivolous; then the trade secret claimant shall be subject to a civil penalty not to exceed twenty-five thousand dollars per claim. The commissioner may assess the penalty administratively pursuant to section sixteen of chapter twenty-one A of the General Laws or may request the attorney general to bring an action in any court of competent jurisdiction in the commonwealth to assess and collect the penalty.
MA Gen L ch 21i § 22 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21i - Massachusetts Toxics Use Reduction Act|Section 22 - Injunctive Relief

Section 22. The attorney general may, upon request of the department, bring action for injunctive relief against any person violating a provision of this chapter or any regulation or approval issued or adopted hereunder, and the superior court in equity shall have jurisdiction to enjoin such violation and to grant such further relief as it may deem appropriate.
MA Gen L ch 21i § 23 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21i - Massachusetts Toxics Use Reduction Act|Section 23 - Protection of Employee Rights

Section 23. No employer or duly authorized agent of an employer shall discharge, refuse to hire or in any other manner discriminate against an employee because the employee has exercised a right afforded by this chapter. Any employee of a toxics user claiming to be aggrieved by a violation of this section may initiate proceedings in the superior court department of the trial court for the county in which the alleged violation occurred. An employer found to have violated this paragraph shall be exclusively liable to pay the employee lost wages, shall grant to the employee suitable employment, and shall reimburse such reasonable attorney fees incurred in the protection of rights granted as shall be determined by the court. The court may grant whatever relief it deems necessary to protect rights granted by this section. An employee may not waive rights granted by this section.
MA Gen L ch 21j § 3 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 3 - Responsibility for Environmental Cleanup Actions; Failure or Delay of Reimbursement

Section 3. No owner or operator who has a responsibility pursuant to any law with respect to environmental cleanup actions, awarding third party damages or preventing the need for environmental cleanup actions shall avoid or delay such responsibility, or be excused from such responsibility, because of reliance on funds provided in this chapter or because of any failure or delay of reimbursement provided in this chapter. No failure or delay of reimbursement provided for in this chapter shall give any person any cause of action or any defense to any cause of action, except as provided in section eleven.
MA Gen L ch 21j § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 5 - Reimbursement of Costs

Section 5. Reimbursements described in subsection (a) of section four shall be subject to the cap specified in subsection (a) of this section and the deductibles specified in subsection (b) of this section:  (a) for each tank eligible for reimbursement pursuant to this chapter, reimbursement for all costs, expenses, claims and other obligations eligible for reimbursement pursuant to this chapter shall not exceed $2,500,000, in the aggregate less the applicable deductible specified in subsection (b), as follows: (i) $1,500,000 for reimbursement under subclause (1) of clause (a) of section 4; and (ii) $1,000,000 for expenses under subclause (2) of said clause (a) of said section 4.  (b) For each tank eligible for reimbursement pursuant to this chapter, reimbursement for all costs, expenses, claims, and other obligations otherwise eligible for reimbursement pursuant to this chapter shall be subject to a deductible that shall be calculated as follows:  (1) If the tank owner or operator owns one or more underground storage tank and underground storage tank systems at three or more sites, the deductible shall be the first ten thousand dollars of all costs, expenses, claims, and other obligations otherwise eligible for reimbursement pursuant to this chapter.  (2) If the tank owner or operator owns one or more tanks at two sites, the deductible shall be the first seven thousand five hundred dollars of all costs, expenses, claims, and other obligations otherwise eligible for reimbursement pursuant to this chapter.  (3) If the tank owner or operator owns one or more tanks at only one site, the deductible shall be the first five thousand dollars of all costs, expenses, claims, and other obligations otherwise eligible for reimbursement pursuant to this chapter.
MA Gen L ch 21j § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 6 - Claims for Reimbursement; Approval

Section 6. No owner or operator shall receive reimbursement pursuant to this chapter unless a claim for such reimbursement has been submitted in writing to, and approved in writing by, the board. The state fire marshal shall make payments from the fund for any claim approved by a majority vote of the board and submitted in writing to said commissioner.
MA Gen L ch 21j § 7 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 7 - Maintenance of Records

Section 7. The cargo manifests or invoices or copies of the cargo manifests or invoices and any other records required under this chapter or regulations of the department shall be maintained for a period of four years after the date on which the document or other record is prepared and be open for inspection by said department at all reasonable times.
MA Gen L ch 21j § 9 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 9 - Eligibility for Reimbursement From Fund

Section 9. In order to be eligible for reimbursement from the fund an owner or operator described in section four must comply with the following:—  (a) An owner or operator must have completed, as the case may be, all underground storage tank or underground storage tank system registration requirements as set forth in section 9002 of the Resource Conservation and Recovery Act of nineteen hundred and seventy-six as well as with all federal or state regulatory requirements relating to the registration of underground storage tanks or underground storage tank system;  (b) be in full compliance with all regulatory requirements imposed upon an owner or operator, as the case may be, of an underground storage tank or underground storage tank system, which requirements relate to the maintenance and operation of the underground storage tanks or underground storage tank system and with all regulatory requirements related to the construction and installation of such underground storage tank or underground storage tank system, provided such requirements applied to such owner or operator at the time such underground storage tank or underground storage tank system was constructed or installed;  (c) have incurred a cost, expense, or obligation, whether for cleanup or related matters or for claims of third parties resulting from a release of a petroleum product from an underground storage tank or underground storage tank system; and  (d) in the case of claims for bodily injury, property damage, or damage to natural resources, the owner or operator submitting the claim shall have obtained a final judgement from a court of competent jurisdiction, all rights of appeal being exhausted, waived, or expired, that the bodily injury, property damage, or damage to natural resources was a result of a release of a petroleum product from the underground storage tank or underground storage tank system.
MA Gen L ch 21j § 10 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 10 - Recoupment of Reimbursement From Negligent Person

Section 10. If an owner or operator received a reimbursement pursuant to this chapter for a cost, expense, or obligation incurred in remediating a release or a threat of a release of a petroleum product caused by the negligent action of some other person, the board, acting on behalf of the fund, shall be authorized and directed to obtain from that other person recoupment to the fund of the reimbursement paid from the fund.
MA Gen L ch 21j § 11 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 11 - Claims Procedures; Civil Actions

Section 11. Claims submitted to the board pursuant to this chapter, and procedures for acting on such claims, shall not be adjudicatory proceedings and shall not be subject to those provisions of chapter thirty A, or any other law, governing adjudicatory proceedings. Any owner or operator aggrieved by the denial of a claim or any other action of the board on a claim may bring a civil action in the nature of certiorari pursuant to section four of chapter two hundred forty-nine; provided, however, that the action shall be commenced within thirty days of the date of the determination or other action of the board. No action may be brought pursuant to this section or any other law where the denial of a claim or any other action on a claim was based solely on insufficient available funds.
MA Gen L ch 21j § 12 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 12 - Failure to Remit Fees or File Reports

Section 12. Any owner or operator who possesses a fee collected or payable under this chapter and who fails to remit the fee to the department at the time and in the manner required by this chapter and the rules and regulations of the department shall be required to pay the applicable fee and a penalty of five percent on the amount of the fee due and payable. If any owner or operator fails to file the report or pay the fee before the thirtieth day after the date on which the fee or report is due, the owner or operator shall pay an additional penalty of five percent on the amount of the fee due and payable. Thereafter, for every thirty days or portion thereof that the report or fee remains unfiled or unpaid, the owner and operator shall pay a penalty of an additional five percent on the fee due and payable. The department has the authority to waive the penalty upon a showing of reasonable cause.
MA Gen L ch 21j § 13 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 13 - Violations; Penalties

Section 13. Any owner or operator who violates any provision of this chapter, or any rule or regulation promulgated hereunder (1) shall be subject to a fine not to exceed twenty-five thousand dollars, or by imprisonment for not more than two years, or both, for each such violation; or (2) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation. Each day each such violation occurs or continues shall be deemed a separated offense. These penalties shall be in addition to any other penalties that may be prescribed by law.
MA Gen L ch 21j § 14 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund|Section 14 - Deposits of Penalties and Interest

Section 14. The penalties, and interest remitted to the treasurer by the department under this chapter shall be deposited in the General Fund.
MA Gen L ch 21k § 2 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21k - Mitigation of Hazardous Materials|Section 2 - Hazardous Materials Mitigation Emergency Response Advisory Board

Section 2. There is hereby established within the department a hazardous materials mitigation emergency response advisory board. Said board shall review the development of standards, rules, procedures and regulations for hazardous materials mitigation emergency response and cost recovery. The board shall consist of the state fire marshal or his designee, the commissioner of environmental protection or his designee and four members to be appointed by the governor, two of whom shall be representatives of the Fire Chiefs Association of Massachusetts, neither of whom shall be a hazardous materials technician, and two of whom shall be representatives of the Professional Fire Fighters of Massachusetts, of whom one shall be a hazardous materials technician. The commissioner of environmental protection or his designee shall be a nonvoting member. No member shall receive compensation for service as a member of the board but shall receive from the commonwealth reimbursement for all expenses necessarily incurred in connection with his official duties. The governor shall appoint each member for a term of three years. Any member shall be eligible for reappointment.
MA Gen L ch 21k § 3 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21k - Mitigation of Hazardous Materials|Section 3 - Hazardous Materials Mitigation Emergency Response Plan

Section 3. The department, acting through the division, administered by the state fire marshal or his designee, shall prepare and from time to time update a hazardous materials mitigation emergency response plan. The department, in consultation with the board, shall promulgate such regulations, procedures and standards as it deems necessary for the implementation, administration and enforcement of this chapter. Such regulations, procedures and standards shall be developed by the department with input and review of the board and may include provisions waiving or limiting the applicability of this chapter as to any matter which the department determines to be adequately regulated by another program or government agency. The department shall integrate its implementation and enforcement of this chapter in conjunction with other programs established for the protection of the public health, safety, welfare and the environment, including the National Contingency Plan and the Massachusetts Contingency Plan.
MA Gen L ch 21k § 4 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21k - Mitigation of Hazardous Materials|Section 4 - Emergency Mitigation Response Actions

Section 4. The department may, at the request of the local fire department or on its own authority, dispatch member departments of the hazardous materials mitigation emergency response plan to a site in the commonwealth for the purpose of conducting an emergency mitigation response for a hazardous material release or threat of release. During a declared emergency mitigation response action, the team leader shall have complete operational authority for hazardous materials team operations at all times. Once the team leader has determined that the imminent threat of harm from the hazardous materials release has been satisfactorily mitigated, the team leader shall thereafter notify the incident commander. The incident commander shall have authority over the emergency mitigation response site during a declared emergency mitigation response.  Any emergency mitigation response action taken by a member department under the hazardous materials mitigation emergency response plan shall be deemed to have been taken on behalf of the department and for the benefit of the commonwealth for the purpose of implementing the provisions of this chapter. Nothing in this chapter shall be construed in any manner to limit or abridge the right of the department of environmental protection to respond to a release or threat of release pursuant to chapter 21E.
MA Gen L ch 21k § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21k - Mitigation of Hazardous Materials|Section 6 - Jurisdiction of Court; Review of Adequacy of Emergency Mitigation Responses

Section 6. No court shall have jurisdiction to review any issue concerning the adequacy of any emergency mitigation response conducted by the department unless the proceeding in court is an action under section 5 to recover costs of an emergency mitigation response action.
MA Gen L ch 21k § 7 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21k - Mitigation of Hazardous Materials|Section 7 - Administrative Review; Civil Actions; Actions to Recover Costs; Limitation of Actions

Section 7. (a) Any owner, operator or other responsible party reasonably believed to be liable who is aggrieved by any action of the department may petition the department for administrative review of its actions within ten days of receipt of notice as provided in section 5. The department's review and the procedures for reviewing responses made by the department shall not be adjudicatory proceedings and shall not be subject to the provisions of chapter 30A or any other law governing adjudicatory proceedings. Any owner, operator or other responsible party aggrieved by the decision of the department may bring a civil action in the nature of certiorari pursuant to section 4 of chapter 249; provided, however, that such action shall be commenced within 30 days of the date of determination on review made by the department.  (b) Upon request of the department, the attorney general may bring an action to recover all costs incurred by the commonwealth for an emergency mitigation response as the result of a hazardous material release.  (c) Actions brought by the attorney general pursuant to this chapter to recover emergency mitigation response costs and actions brought by the attorney general to enforce or foreclose liens recorded or filed pursuant to this chapter shall be commenced within five years from the date the commonwealth incurs all such costs or five years from the date the commonwealth discovers that the person against whom the action is being brought is a person liable pursuant to this chapter for a hazardous material release for which the commonwealth has incurred emergency mitigation response costs, whichever is later.
MA Gen L ch 21k § 8 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21k - Mitigation of Hazardous Materials|Section 8 - Debts; Interest; Liens; Priority

Section 8. Any liability to the commonwealth under this chapter shall constitute a debt to the commonwealth. Any such debt, together with interest thereon at the rate of 12 per cent per annum from the date such debt becomes due, shall constitute a lien on all property owned by persons liable under this chapter when a statement of claim naming such persons is recorded, registered or filed. If a fiduciary or secured lender has title to or possession of the property and is not a person liable under this chapter when a statement of claim is recorded, registered or filed, such debt and interest thereon at the rate of 12 per cent per annum from the date the debt becomes due, shall constitute a lien on the property in question when a statement of claim describing the property is duly recorded, registered or filed. Any lien on real property shall be effective when duly recorded at the registry of deeds or registered in the registry district of the land court in the county or district wherein the land lies. Any lien for personal property, tangible or intangible, shall require a statement to be filed in accordance with the provisions of chapter 106. Any such statement shall be approved by the department. A lien recorded, registered or filed pursuant to this section shall have priority over any encumbrance theretofore recorded, registered or filed with respect to any site, other than real property principally used as residential housing, described in such statement of claim. All other personal property shall be subject to the priority rules of said chapter 106. Such lien shall continue in force with respect to any real or personal property until a release signed by the department is recorded, registered or filed in the place where the statement of claim as to such property affected by the lien was recorded, registered or filed. The department shall forthwith issue such a release in any case where the debt for which such lien attached, together with interests and costs thereon, has been paid or legally abated. If no action to enforce or foreclose the lien is brought by the deadline prescribed in subsection (b) of section 7, the lien shall be discharged after such deadline. This section shall not apply in any manner to a public utility.