(a) A person who knowingly or recklessly commits an environmental violation and thereby causes serious bodily injury to another human being: (1) shall be subject to a civil penalty of not more than $100,000 for each violation in the case of an individual; and (2) in the case of an organization, shall be subject to a civil penalty of not more than $500,000 for the first violation and a civil penalty of not more than $2,000,000 for any second or subsequent violation. (b) A person who knowingly or recklessly commits an environmental violation and thereby causes a substantial risk of damage to natural resources or to the property of another person in an amount exceeding $25,000: (1) shall be subject to a penalty of not more than $100,000 in the case of an individual; and (2) in the case of an organization, shall be subject to a civil penalty of not more than $250,000 for the first violation and by a civil penalty of not more than $500,000 for a second or subsequent violation. (c) A person who negligently commits an environmental violation and thereby causes serious bodily injury to another human being or a substantial risk of damage to natural resources or to the property of another person in an amount exceeding $25,000, shall be subject to a civil penalty of not less than $2,500 nor more than $50,000 for the first violation and not less than $2,500 nor more than $100,000 for a second or subsequent violation. (d) Each day or part thereof that a violation occurs or continues shall be a separate violation. (e) The civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior court. (f) Whoever owns or operates a tank vessel carrying 6,000 or more barrels of oil from which oil is spilled into Buzzards Bay and who: (i) fails to provide notice under subsection (a) of section 9 of chapter 21M; or (ii) if such vessel was unaccompanied by a tugboat escort, provides notice under said subsection (a) of said section 9 of said chapter 21M, but fails to request a state pilot under subsection (b) of said section 9 of said chapter 21M; and (iii) violates this chapter shall be assessed triple the penalties provided in this section.Mass. Gen. Laws ch. 21L, § 4
Amended by Acts 2010, c. 359,§ 11, eff. 10/15/2010.Amended by Acts 2009, c. 101,§ 3, eff. 9/24/2009.Amended by Acts 2008, c. 268,§ 1, eff. 8/6/2008.Added by Acts 2004, c. 251, § 10, eff. 8/4/2004.