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March 29, 2024 Rain | 41°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 27: Criminal and tort liability for discharge of sewage or other substance injurious to public health into coastal waters

Section 27. Whoever, contrary to any provision of section twenty-five, himself, or by his agent or servant, permits the entrance or discharge into or on any part of said coastal waters or tributaries of such waters, sewage, heated effluent, or any other substance injurious to public health or tending to contaminate any shellfish area or shellfish therein, within the limits of a city or town, shall be punished by a fine of not less than one hundred and fifty nor more than five thousand dollars or by imprisonment for not more than one year or both and shall be liable in tort, to said city or town, in triple the amount of damage thereby done.

Whoever, contrary to any provision of section twenty-five, himself, or by his agent or servant, permits the entrance or discharge into or on any part of said coastal waters or tributaries of such waters, sewage, heated effluent, or any other substance injurious to public health or causing injury or damage to any fishery resource, with the exception of shellfish located within the limits of a city or town, within the marine boundaries of the commonwealth, shall be punished by a fine of not less than one hundred and fifty dollars nor more than five thousand dollars or by imprisonment for not more than one year or both and shall be liable in tort to the commonwealth, in triple the amount of damage thereby done.

Whoever, contrary to any provision of section twenty-five, himself, or by his agent or servant, permits the entrance or discharge into or on any part of said coastal waters or tributaries of such waters, sewage, heated effluent, or any other substance injurious to public health or causing injury or damage to any private fishery resource within the boundaries of the commonwealth shall be liable in tort, to the owners or lessees of any private rights therein, in triple the amount of damage thereby done.