This text of Massachusetts § 4 (Environmental violation; penalties) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 c
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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.