HOUSE DOCKET, NO. 1278        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1560

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Stephen Kulik

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to administration of the trench safety law.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1278        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1560

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Eleven

_______________

An Act relative to administration of the trench safety law.

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.  Chapter 82A of General Laws is hereby amended by adding after section 2 the following:-

Section 2A. (a) Civil Action for Enforcement.  In the event that the owner of the site or the excavator fail to comply with any order issued by an issuing authority and/or inspector from the Department of Public Safety or Division of Occupational Safety, or otherwise engages in or permits a violation of this chapter or the applicable regulations, the permitting authority and/or department and/or division may seek equitable relief in a court of competent jurisdiction, which shall include any division of the trial court.

(b) Said owner and/or excavator shall be liable for any costs or expenses associated with the enforcement of the law, including but not limited to attorney’s fees, staff time, site related costs, and any filing fees and costs.

( c) By applying for a permit, the owner and/or excavator grant permission to the issuing authority and/or the department to enter upon the subject property for the purposes of carrying out this chapter and the regulations issued thereunder.

(d) Any expenses incurred by the municipality, issuing authority or department under this chapter shall be due and payable to the municipality, issuing authority or department upon notification to the owner and/or excavator by the entity incurring such expenses.  If the owner and/or excavator fails to promptly pay for same, the municipality, issuing authority or department may recover the same in a civil action, as an award of costs in any criminal action or by any other lawful means.  The municipality or issuing authority may also assert and collect a lien against said property under the procedures set forth in section fifty-eight of chapter forty of the general laws, notwithstanding the lack of a vote of the city or town under said section if the sum due is not paid.

(e) Neither the municipality, issuing authority nor the department shall be liable for any claims, injury or damage arising from non-compliance with his law by any owner or excavator for enforcing said law.  The owner/excavator shall remain responsible for complying with the law and for any violations thereunder.