Section 4 Environmental violation; penalties - Massachusetts Statutes

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) Any person that owns or operates a tank vessel, as defined in section 1 of chapter 21M, carrying 6,000 or more barrels of oil within Buzzards Bay, as defined in said section 1 of said chapter 21M, that is subject to section 9 of chapter 21M and that fails to provide notice to the department of environmental protection as provided in said section 9 of said chapter 21M and violates any provision of this chapter, by spilling oil into Buzzards Bay, shall be assessed triple the fines provided in this section.