Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The first paragraph of section 42 of chapter 21 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 12, the word "ten" and inserting in place thereof the word:- twenty-five.

SECTION 2. Section 50 of said chapter 21, as so appearing, is hereby amended by striking out the last paragraph.

SECTION 3. Section 50A of said chapter 21, as so appearing, is hereby amended by striking out the fifth sentence.

SECTION 4. The first paragraph of section 13 of chapter 21A of the General Laws is hereby amended by striking out the first sentence, as so appearing, and inserting in place thereof the following two sentences:- The commissioner of the department of environmental quality engineering shall adopt, and from time to time amend, regulations to be known as the state environmental code. Any violation of such code, (a) shall be punishable by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each day that such violation occurs or continues.

SECTION 5. The first paragraph of section 14 of said chapter 21A, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Any violation of any provision of this section or any rule or regulation promulgated pursuant thereto, (a) shall be punishable by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each day that such violation occurs or continues.

SECTION 6. The fourth paragraph of section 14 of chapter 21G of the General Laws, as appearing in section 1 of chapter 592 of the acts of 1985, is hereby amended by inserting after the word "both", in line 5, the words:- , or shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day for each day such offense occurs or continues.

SECTION 7. Section 10 of chapter 83 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in lines 8 and 9, the words "penalties not exceeding twenty dollars, for each" and inserting in place thereof the words:- civil penalties, not exceeding five thousand dollars for each day of.

SECTION 8. Section 23 of chapter 91 of General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Whoever creates such nuisance, (a) shall be punished by a fine of not more than twenty-five thousand dollars for each day such nuisance occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty of not more than twenty-five thousand dollars for each day such nuisance occurs or continues.

SECTION 9. Said chapter 91 is hereby further amended by striking out section 55, as so appearing, and inserting in place thereof the following section:-

Section 55. Whoever violates any provision of sections fifty-two, fifty-three and fifty-four or of any license or permit granted under said sections, (a) shall be punished by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day for each day such violation occurs or continues.

SECTION 10. Section 142A of chapter 111 of the General Laws, as amended by section 1 of chapter 335 of the acts of 1985, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- Any municipality, corporation or person which, after due notice, continues to violate any such regulation: (a) shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty of not more than twenty-five thousand dollars for each separate offense.

SECTION 11. The fifth paragraph of section 142B of said chapter 111, as amended by section 2 of said chapter 335, is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentence:- Any person, corporation, or political subdivision violating any order of the department (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation.

SECTION 12. The seventh paragraph of section 150A of said chapter 111, as appearing in the 1984 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Any person, including any political subdivision of the commonwealth, who fails to operate and maintain a facility in accordance with the provisions of this section or in accordance with any rules, regulations, or orders hereunder promulgated (a) shall be punished for each such violation by a fine of not less than one hundred dollars nor more than twenty-five thousand dollars, or by imprisonment for one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation.

SECTION 13. The ninth paragraph of section 150B of said chapter 111, as so appearing is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Any person, including any political subdivision of the commonwealth, who fails to operate and maintain a facility in accordance with the provisions of this section or in accordance with any rules, regulations, or orders hereunder promulgated (a) shall be punished by a fine of not less than one hundred nor more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation.

SECTION 14. The first paragraph of section 160 of said chapter 111, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Whoever violates any such orders, rules or regulations: (a) shall be punished by a fine of not more than twenty-five thousand dollars, to the use of the commonwealth, for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to civil penalty not to exceed twenty-five thousand dollars per day for each day such violation occurs or continues.

SECTION 15. Section 160A of said chapter 111, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Whoever maintains such a connection without a permit or after revocation of the permit, maintains such a connection, (a) shall be punished by a fine of not more than twenty-five thousand dollars for each day such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment, or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day for each day that such violation occurs or continues.

SECTION 16. Section 162 of said chapter 111, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Whoever violates such an order, (a) shall be punished by a fine of not more than twenty-five thousand dollars, to the use of the commonwealth, for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day for each day that such violation occurs or continues.

SECTION 17. Said chapter 111 is hereby further amended by striking out section 170, as so appearing and inserting in place thereof the following section:-

Section 170. Whoever wilfully and maliciously defiles or corrupts any spring or other source of water, or reservoir, or destroys or injures any pipe, conductor of water or other property pertaining to an aqueduct, or aids or abets in any such trespass, shall be punished by a fine of not more than twenty-five thousand dollars for each day that such willful and malicious activity occurs or continues, or imprisonment for not more than two years, or both such fine and imprisonment. Whoever otherwise defiles or corrupts any spring or other source of water, or reservoir, or destroys or injures any pipe, conductor of water or other property pertaining to an aqueduct shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day for each day that such violation occurs or continues.

SECTION 18. The third paragraph of section 105 of chapter 130 of the General Laws, as appearing in chapter 565 of the acts of 1986, is hereby further amended by striking out the third sentence and inserting in place thereof the following two sentences:- Any person who violates any such order, (a) shall be punished by a fine of not less than one hundred nor more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars per violation. Each day such violation continues shall constitute a separate offense.

SECTION 19. Section 40 of chapter 131 of the General Laws is hereby amended by striking out the last paragraph, as amended by section 44 of chapter 231 of the acts of 1985, and inserting in place thereof the following paragraph:-

Whoever violates any provision of this section, (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation. Each day such violation continues shall constitute a separate offense. This section may be enforced by environmental officers, and any officer having police powers.

SECTION 20. The fifth paragraph of section 40A of said chapter 131, as amended by section 2 of chapter 565 of the acts of 1986, is hereby further amended by adding the following two sentences:- Any person who violates any such order, (a) shall be punished by a fine of not less than one hundred nor more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for such violation. Each day such violation continues shall constitute a separate offense.

SECTION 21. Section 90 of said chapter 131, as appearing in the 1984 Official Edition, is hereby amended by striking out the fifth paragraph.

SECTION 22. Section 14 of chapter 132B of the General Laws, as so appearing, is hereby amended by striking out the first three paragraphs and inserting in place thereof the following three paragraphs:-

Any person who knowingly violates any provision of section six shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment, for each such violation, or shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. Each day of violation shall constitute a separate offense.

Any person who violates any provision of section six A or six B or who violates any regulation adopted under the provisions of this chapter, (a) shall be punished by a fine of not more than one thousand dollars, or imprisonment for not more than six months, or both such fine and imprisonment, for the second and each subsequent offense knowingly committed, or (b), shall be subject to a civil penalty not to exceed ten thousand dollars for any offense, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. Each day of violation shall constitute a separate offense. Any person who violates any order issued under the provisions of this chapter, (a) shall be punished by a fine of not more than twenty-five thousand dollars or imprisonment for not more than two years, or both such fine and imprisonment, for each violation knowingly committed, or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. Each day of violation shall constitute a separate offense.