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The 190th General Court of the Commonwealth of Massachusetts

Section 42: Discharge into water; violations of chapter, regulation, order or permit; false representations; tampering with monitoring device or method; criminal and civil penalties

Section 42. Any person who, directly or indirectly, throws, drains, runs, discharges or allows the discharge of any pollutant into waters of the commonwealth, except in conformity with a permit issued under section 27 or 43; or who violates any provision of this chapter, any valid regulation, order or permit prescribed or issued by the director thereunder; or who knowingly makes any false representation in an application, record, report or plan, or falsifies, tampers with or renders inaccurate a monitoring device or method, required under this chapter, (a) shall be punished by a fine of not less than two thousand five hundred dollars nor more than $50,000 for each day such violation occurs or continues, or by imprisonment for not more than one year, or by both; or (b) shall be subject to a civil penalty not to exceed $50,000 per day of such violation, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. This section shall not apply to sections thirty-four B and thirty-four C.

Nothing in this chapter shall be construed as adversely affecting the rights of any person to secure judicial relief against actual or potential waste dischargers under other rules or provisions of law.

No information submitted or made available for inspection in accordance with requirements established by or under this chapter may be used in any criminal proceeding against the individual who submits it, certifies it, or makes it available, except in a prosecution for the making of a false statement or record, or for otherwise failing to comply with reporting or recording requirements under this chapter.