Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for wetlands protection, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The twenty-fourth paragraph of section 40 of chapter 131 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following two sentences:- In addition to the other duties provided for in this section, a conservation commission and its agents, officers, and employees; the commissioner, his agents and employees; environmental officers, and any officer with police powers may issue enforcement orders directing compliance with this section and may undertake any other enforcement action authorized by law. Any person who violates the provisions of this section may be ordered to restore property to its original condition and take other actions deemed necessary to remedy such violations.
SECTION 2. Said section 40 of said chapter 131, as so appearing, is hereby further amended by inserting after the twenty-fourth paragraph the following paragraph:-
No person shall remove, fill, dredge or alter any area subject to protection under this section without the required authorization, or cause, suffer or allow such activity, or leave in place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail to comply with an enforcement order issued pursuant to this section. Each day such violation continues shall constitute a separate offense except that any person who fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its original condition after giving written notification of said violation to the conservation commission and the department shall not be subject to additional penalties unless said person thereafter fails to comply with an enforcement order or order of conditions.
SECTION 3. The last paragraph of said section 40 of said chapter 131, as so appearing, is hereby amended by striking out the last two sentences.