Section 19J Violations; penalties - Massachusetts Statutes

Section 19J. Any person who violates section nineteen D, or who knowingly makes any materially false or inaccurate statement in any application, record, report, plan, design, or statement which said person submits to the board or the department, or who knowingly makes any materially false, or inaccurate statement in any record, report, plan, file, log, or register which that person keeps or is required to keep pursuant to any law, regulation, or order for the protection of the environment, or who knowingly and materially falsifies, tampers with, alters, destroys, or disturbs any mechanism, recovery, or control system, or any monitoring device or method which any person maintains or which is required to be maintained pursuant to any law, regulation, or order for the protection of the environment, or who violates any provision of sections nineteen through nineteen J in a manner that constitutes knowing endangerment of public health or safety or the environment, or who knowingly allows or suffers any of his employees, agents, or contractors to do any of the foregoing, shall be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction for not more than one year, or both. Each day each such violation occurs or continues shall be considered a separate offense, provided that in no event shall a fine exceed, in the aggregate, ten thousand dollars, and that a term of imprisonment shall not exceed, in the aggregate, two years.

Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.