reglab/statecodes huggingface dataset:
2023 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 12 - Toxics Use Reduction Planners

Section 12. (A) In order to be a certified toxics use reduction planner, an individual must either (1) have satisfactorily completed a toxics use reduction planning program, developed pursuant to section six (E) of this chapter, and passed a uniform certification examination which the department shall prepare by January 1, 1992 and modify thereafter as appropriate, or (2) have at least two years of work experience in toxics use reduction activities. The department shall by January 1, 1991, after consultation with the Institute and the office, promulgate regulations implementing the requirements of this section.
(B) Any individual who satisfies the requirement of at least two years of work experience in toxics use reduction activities, but who has not satisfactorily completed a toxics use reduction planning program and passed the uniform certification examination, shall only be certified as a toxics use reduction planner to engage in toxics use reduction activities in the facilities owned or operated by his employer.
(C) Certification shall be for not more than two years and shall be renewable for additional two year periods. For a certification to be renewed, a toxics use reduction planner must successfully complete continuing education instruction in toxics use reduction activities.
(D) The department may establish a fee to be assessed on any individual when such individual receives or renews his certification as a toxics use reduction planner pursuant to this section. Any such fees shall be deposited in the toxics use reduction fund established pursuant to section two K of chapter twenty-nine of the General Laws.
(E) Certification may be suspended or revoked by the department based on a finding of fraud, gross negligence in the certification of toxics use reduction plans, or other good cause.
(F) In order to certify an alternative resource conservation plan or the implementation of an environmental management system pursuant to section 11, a toxics use reduction planner must successfully complete continuing education instruction in resource conservation and environmental management systems as specified by the department.
2023 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 13 - Statewide Reduction Goal

Section 13. (A) The goal of the commonwealth is to achieve by 1997, through toxics use reduction, a fifty percent (50%) reduction from 1987 quantities of toxic or hazardous byproducts generated by industry in the commonwealth of Massachusetts.
(B) The department shall compile annually the goals of all reduction plans submitted by toxics users. By January 1, 1995, the department shall complete a report comparing large quantity toxics user goals to the statewide goal and file a copy of the report with the council, the clerk of the Senate, the clerk of the House of Representatives, and the Joint Committee on Natural Resources and Agriculture.
2023 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 14 - Prioritization of User Segments

Section 14. (A) Within 4 years from the designation of a higher hazard substance, the council may designate by regulation user segments, which it considers to be priorities for achieving toxics use reduction. The designations shall be based on recommendations from the office, in consultation with the institute and the department. User segments shall include similar production units in all facilities regardless of threshold amounts. Important considerations for identifying priority user segments shall include:-
(1) the potential for current and future toxics use reduction and the technical and economic feasibility of such reduction;
(2) amounts of the higher hazard substance used by the user segment in the production units of concern;
(3) amounts of toxic or hazardous substances disposed of, discharged, or released to water, land, air or workplaces within facilities;
(4) the need for improvement by the user segment in its toxics use reduction efforts; and
(5) the social, health, and economic benefits and costs to the commonwealth, its political subdivisions, workers, and large quantity and small quantity toxics users.
Consideration shall be given to the adequacy of the state's resources to effectively implement the prioritization of a user segment under subsections (D), (E) and (F).
(B) The council may designate no more than 3 priority user segments in any calendar year. There shall be at no time more than 15 priority user segments.
(C) A priority designation shall expire upon the date 5 years after designation. Priority designation may be renewed in the manner set forth in subsection (A). Upon expiration of a priority designation, a toxics user in the user segment shall no longer be treated as being within a priority user segment for purposes of this chapter, except that applicable performance standards issued for the user segment or a specific toxics user shall remain in effect.
(D) Results of prioritization include:-
(1) The department may refer toxics users in priority user segments to the office for assistance in achieving toxics use reduction;
(2) Facilities with fewer than the equivalent of 10 full-time employees shall be required to report and plan on the priority production unit consistent with the requirements of sections 10 and 11;
(3) The department may require toxics users to submit additional toxic chemical use and byproduct information in order to determine expected efficiency or achievable progress in toxics use reduction within the user segment.
(E) Facilities within a priority user segment may apply for toxics use reduction waivers pursuant to section 17.
(F) The department, working with the office and the institute, may set performance standards for priority user segments pursuant to section 15.
2023 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 16 - Improved Enforcement of Toxics Laws

Section 16. Except where otherwise specifically provided, whenever it appears to the department that there has been a violation of this chapter, or any regulation or approval issued or adopted hereunder, the department may refer the toxics user to the office for technical assistance, issue administrative orders requiring compliance with the applicable requirement, or issue an administrative penalty pursuant to the provisions of section sixteen of chapter twenty-one A.
Without limiting any other authority available to the department pursuant to any statute, the department may order a toxics user who violates any standard limiting a release of toxic or hazardous substances to the environment, or a threat of such release, to prepare for that production unit at which the violation occurred a toxics use reduction plan certified by a toxics use reduction planner demonstrating maximum toxics use reduction opportunities available to that user, where (i) the violation causes or threatens to cause significant harm to the environment or to public health or safety, or (ii) the toxics user has previously violated any standard limiting a release of toxic or hazardous substances to the environment, or a threat of such release.
Any toxics user in violation of any requirement of this chapter, or any regulation or approval issued or adopted hereunder, may apply to the department for a toxics use reduction waiver pursuant to section seventeen.
Nothing in this section shall in any manner diminish or condition any authority conferred on the department by any other statute.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 9 - Confidentiality; Trade Secrets

Section 9. Notwithstanding the provisions of any general or special law to the contrary, any information, record or particular part thereof obtained by the department, its personnel or contractors pursuant to the provisions of this chapter, upon request shall be confidential and shall not be considered to be a public record when it is determined by the state fire marshal that such information, record or report relates to secret processes, methods of manufacture or production or that such information, record or report, if made public, would divulge a trade secret.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21l - Environmental Endangerment Act › Section 1 - Definitions

Section 1. As used in the chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Buzzards bay'', the waterway bounded and described as follows: from Sakonnet point southward to the north end of the Buzzards bay traffic separation zone, to the southwestern tip of Cuttyhunk island thence through Buzzards bay to the eastern entrance of the Cape Cod canal at the United States Coast Guard ''CC'' buoy in Cape Cod bay, including Woods Hole passage and Quicks hole.
''Environmental violation'', a violation of the following statutes or regulations promulgated thereunder: sections 26 to 53, inclusive, of chapter 21; chapter 21C, chapter 21E; sections 142A, 142B and 150A of chapter 111; and section 40 of chapter 131.
''Natural resources'', land fish, wildlife, biota, air, water, groundwater and drinking water supplies belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the commonwealth or any local government.
''Organization'', a person other than an individual.
''Person'', an individual, public or private corporation or authority, trust, firm, joint stock company, partnership, association or other entity and any officer, employee, or agent of such person and any group of persons.
''Serious bodily injury'', bodily injury which creates a substantial risk of death or which involves unconsciousness, extreme physical pain, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ or mental faculty, reproductive or genetic damage or a substantially increased risk of cancer or other chronic ailment.
''Tank vessel'', a ship that is constructed or adapted to carry, or that carries, oil or other petroleum product in bulk as cargo and that operates on the waters of the commonwealth or transfers oil or other petroleum products in a port or place subject to the jurisdiction of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21l - Environmental Endangerment Act › Section 2 - Environmental Violations; Punishment

Section 2. (a) A person who knowingly or recklessly commits an environmental violation and thereby causes serious bodily injury to another human being:—
(1) shall be punished by a fine of not more than $100,000 or by imprisonment in the state prison for not more than 20 years or in a jail or house of correction for not more than 21/2 years or both such fine and imprisonment, in the case of an individual; and (2) in the case of an organization, shall be punished by a fine of not more than $500,000 for a first offense and by a fine of not more than $2,000,000 for any second or subsequent offense.
(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 punished by a fine of not more than $100,000, or by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years or both such fine and imprisonment, in the case of an individual; and (2) in the case of an organization, shall be punished by a fine of not more than $250,000 for a first offense and by a fine of not more than $500,000 for a second or subsequent offense.
(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 punished by a fine of not less than $2,500 nor more than $50,000 per day of violation, or by imprisonment for not more than 1 year, or by both such fine and imprisonment. For a second or subsequent conviction under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment for not more than 2 years, or by both such fine and imprisonment.
(d) If a person derives pecuniary gain from an environmental violation that causes serious bodily injury to another human being or causes a substantial risk of damage to natural resources or to the property of another person, or if an environmental violation results in damage to natural resources or pecuniary loss to another person, such person who committed the violation may be fined not more than the greater of twice the gross gain or twice the gross loss or damage, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21l - Environmental Endangerment Act › Section 3 - Court Sentencing

Section 3. (a) The court: (1) shall, when sentencing an organization for an offense under clause (2) of subsection (a) of section 2 or for a second or subsequent offense under clause (2) of subsection (b) of said section 2; and (2) may, when sentencing an organization for a first offense under said clause (2) of said subsection (b) of said section (2) place the organization on probation and require as a condition of that probation that the organization pay for an environmental audit.
(b) The court shall appoint an independent expert with no prior involvement in the environmental management of the organization sentenced to conduct an environmental audit under this section. The prosecution and the defense may each submit names of suggested experts. The court shall consider any such submissions in making an appointment under this subsection.
(c) The environmental audit shall: (1) identify all causes of, and any factors that contributed to, the conduct that is the basis for the conviction and recommend specific measures to prevent a recurrence of such causes or factors; and (2) recommend a schedule for implementation of the recommendations under clause (1).
(d) The court shall order the defendant to implement each recommendation of the audit unless the court finds by clear and convincing evidence that: (1) the recommendation will not achieve the result the recommendation seeks to bring about: (2) the adverse environmental effects of implementing the recommendation outweigh the environmental benefits of the recommendation: (3) the technology does not exist to carry out the recommendation: or (4) there are alternative means to achieve the equivalent result at significantly less cost to the defendant. Any such alternative means shall be incorporated into the audit in place of the relevant recommendation and the court shall order the defendant to implement the audit as modified.
(e) The court may impose for an offense under this chapter a term of probation that is longer than the term otherwise permitted by law, if the court determines that the longer term is necessary to implement the environmental audit.
(f) The prosecutor, the auditor appointed under clause 2 subsection (b) or governmental agency may suggest to the court that a failure to implement the audit has taken place. Whenever the alleged failure to implement an environmental audit is properly before the court, unless the defendant demonstrates that the failure did not take place, the court shall order appropriate sanctions.
(g) In addition to any other sanctions the court may impose for failure to implement an environmental audit, the court may: (1) hold any appropriate person in contempt; or (2) appoint a special master to conduct such affairs of the defendant as are necessary and relevant to implementation of the audit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21l - Environmental Endangerment Act › Section 4 - Environmental Violation; Penalties

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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21m - Vessel Traffic Service › Section 3 - Tank Vessel; Owner and Operator; Chemical Testing

Section 3. Personnel employed by tank vessels operating within the waters of the commonwealth shall be subject to this section.
An owner or operator of a tank vessel shall have policies, procedures and practices for alcohol and drug testing that comply with 33 CFR Part 95 and 46 CFR Parts 4 and 16. The owner's and operator's policies, procedures, and practices shall ensure that:
(i) a person neither consumes, nor is under the influence of, alcohol on a tank vessel while on the waters of the commonwealth unless that person is a passenger who does not perform, and will not perform, any duty on that tank vessel; and
(ii) a person neither consumes, nor is under the influence of, illicit drugs on a tank vessel while in the waters of the commonwealth.
The policies, procedures and practices for alcohol and drug testing shall meet the following objectives:
(i) chemical tests for evidence of alcohol or drug use shall be taken from all persons directly involved in a serious marine incident as defined in 46 CFR 4.03–4 as soon as practicable, but not more than 2 hours, after any such incident occurs which involves the vessel, with such tests performed in such a manner as to ensure best achievable accuracy and a demonstrable connection between each tested person and the corresponding test results;
(ii) owners and operators of tank vessels shall be responsible for ensuring that each of their tank vessels operating in the waters of the commonwealth has adequate equipment on board to perform the chemical tests described in this section and to preserve evidence pertaining to those tests, including all test results and evidence of the timeliness of the tests; and that a person on a tank vessel shall be tested for drug and alcohol use when there is reasonable cause to believe the person is under the influence of alcohol or illicit drugs.
Any person who violates this section shall be subject to a civil penalty not to exceed $10,000 for each such violation. The attorney general may institute a civil action for enforcement in the superior court of Suffolk county.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21m - Vessel Traffic Service › Section 4 - Tank Vessel; Requirements

Section 4. (a) A tank vessel operating within the waters of the commonwealth shall be subject to this section.
The navigation watch on all tow vessels transiting Buzzards bay and carrying 6,000 or more barrels of oil shall consist of at least 1 licensed deck officer or tow vessel operator, who shall serve exclusively as a lookout with no other concurrent duties. This duty shall be carried out on a watch station in a safe location which allows sight and hearing of all navigational hazards and the tow vessel operator. The names of each navigation watch member shall be logged in the deck log as the member assumes duties.
Three licensed officers or tow vessel operators shall be on a tow vessel whenever the vessel is towing, whether by pushing or pulling, a tank barge carrying 6,000 or more barrels of oil in Buzzards Bay. Tow vessel operators shall maintain a list of crew members while towing a tank barge in Buzzards Bay.
(b) Crew requirements for tank barges shall consist of 2 personnel, 1 of whom shall be a certified tanker-man under 46 CFR subpart 12.20 who shall be on the tank barge at all times when the tank barge is underway, anchored or moored in the waters of Buzzards bay, unless the tank barge is not equipped to accommodate personnel on board or is carrying less than 6,000 barrels of oil.
(c) A tank barge which is underway, anchored or moored in the waters of Buzzards bay and which does not fulfill the minimum manning safety standards as stated in this section, shall be in violation of this chapter unless such tank barge has a double hull.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21m - Vessel Traffic Service › Section 5 - Recommended Vessel Route; Penalties

Section 5. When operating in the waters of the commonwealth, a tank vessel shall travel only within a recommended vessel route designated by the United States Coast Guard, unless no such recommended vessel route has been designated or unless special circumstances make travel outside a recommended vessel route necessary in order to avoid an imminent navigational hazard. When operating in the waters of Buzzards bay, a tank vessel shall travel only within the designated vessel route as appearing on the National Oceanic and Atmospheric Administration chart for Buzzards bay, or as designated by the United States Coast Guard or unless special circumstances make travel outside a recommended vessel route necessary in order to avoid and imminent navigational hazard. Any person who violates this section, or an order or regulation issued or adopted hereunder, shall be subject to a civil penalty not to exceed $25,000 for each such violation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21m - Vessel Traffic Service › Section 6 - Tugboat Escorts; Regulations

Section 6. (a) Effective January 1, 2005, no tank vessel carrying 6,000 or more barrels of oil shall enter or transit any area of special interest within the waters of the commonwealth unless the tank vessel is accompanied by a tugboat escort.
(b) This section shall not apply to a self-propelled tank vessel.
(c) The commissioner may issue regulations to implement this section which shall include, but not be limited to, determining, in consultation with the relevant Massachusetts pilot commissioner, the specific needs for such required tugboat escorts in areas of special interest, and establishing minimum standards for equipment and training of personnel on tugboat escorts. The commissioner, after a competitive bidding process and in consultation with the relevant Massachusetts pilot commissioner, may evaluate such bids and may enter into a contract with a tugboat escort operator which meets or exceeds such standards. The contract shall provide for service at a regulated rate for a minimum period of 5 years.