Section 38H Notification of operation of underground storage tanks; violation of statutes; penalties - Massachusetts Statutes

Section 38H. No person shall violate, or allow or suffer any employee, agent, or contractor to violate, any provision of sections thirty-eight B to thirty-eight I, or of any regulation or order adopted or issued pursuant to sections thirty-eight B through thirty-eight I. Any violation of sections thirty-eight B through thirty-eight I, shall be presumed to constitute irreparable harm to public health, safety and welfare, and to the environment. Such presumption may be rebutted by the introduction of competent evidence. Any person who violates any provisions of sections thirty-eight B through thirty-eight I, or any regulation, rule, order, permit or approval issued or adopted under the provisions of section thirty-eight B through thirty-eight I inclusive, (a) shall be punished by a fine not to exceed twenty-five thousand dollars, or by imprisonment for not more than two years, or both; or (b) 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 separate offense. This shall be in addition to any other penalty or remedy prescribed by law.

The superior court department of the trial court shall have jurisdiction to assess civil penalties as set forth in this section, and to enjoin violations of, and grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of sections thirty-eight B through thirty-eight I, or any regulation or order adopted or issued pursuant to sections thirty-eight B through thirty-eight I, inclusive, upon petition of the attorney general, a district attorney, the department, the marshal, the head of the fire department, or a city or town.