Chapter 85 of the General Laws is hereby amended by adding the following section:—
Section 37. Any commercial motor vehicle or trailer used to deliver gasoline, oil or other flammable material which causes a spill in excess of 100 gallons on any way as defined in section one of chapter 90 shall be subject to a civil penalty not to exceed $10,000 for each such spill. Said penalty shall be in addition to liability for costs incurred by the Commonwealth or any political subdivision thereof on cleaning and removing such spill. The superior court department of the trial court shall have jurisdiction to enforce the provisions of this section. Any civil penalty imposed under the provisions of this section shall be paid over to the treasury of the city or town wherein the spill took place.
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