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The 190th General Court of the Commonwealth of Massachusetts

Section 50D: Maritime spill incident; hazardous materials; environmental police officers

Section 50D. For the purpose of investigating a maritime spill incident resulting in, or reasonably likely to result in, either directly or indirectly, a discharge of oil, hazardous material, or hazardous waste, to the waters of the commonwealth, the environmental police officers of the office of environmental law enforcement of the executive office of environmental affairs may board and inspect any vessel. Such inspection may include, but shall not be limited to, inspecting copies of the financial assurance and bond required pursuant to section 50C, and may require the operator of such vessel to give his true and correct name and address and present a current and valid form of identification. Whoever attempts to prevent an officer from boarding such vessel for the purpose of inspecting, or whoever attempts to prevent such officer from making an inspection of such vessel, or otherwise violates section 38 of chapter 90B shall be punished by a fine of $5,000. The office of law enforcement within the executive office of environmental affairs, by regulation, may authorize other law enforcement officers to board and inspect a vessel, if the other law enforcement officers have relevant training, experience and equipment to conduct such activities. Such other law enforcement officers may include harbor masters and assistant harbor masters, police officers assigned to harbor patrol, fish and game wardens, members of the state police and city and town police officers assigned to patrol the waters of the commonwealth.

The superior court shall have jurisdiction to enforce this section and sections 50B and 50C.

The department may adopt rules and regulations to implement sections 50B and 50C. The office of law enforcement may adopt rules and regulations to implement this section 50D.