Print Print
  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 21E MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT
  • Section 9 Orders to conduct assessment, containment or removal

Section 9. Whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material, the department may issue to any person described in paragraph (a) of section five an order requiring such person to conduct an assessment of such release or threat of release. Releases and threats of release for which the department orders such assessment shall be determined by reference to the Massachusetts contingency plan.

Whenever in the opinion of the department a release or threat of release poses a significant danger to the public health, safety, welfare, or the environment, the department may issue to any person described in paragraph (a) of section five an order requiring such person to conduct such containment and removal actions, consistent with the Massachusetts Contingency Plan, as the department reasonably deems necessary.

Whenever there is a violation of this chapter, the department may issue to such person causing or contributing to such violation an order requiring the production or analysis of samples and the production of records, or imposing such restraints of or requiring such action by said persons.

Issuance of an order under this section shall not preclude, and shall not be deemed an election to forego, any action authorized by section four or any action to recover damages, costs, or to seek civil penalties, criminal fines and sanctions, or injunctive relief.