Section 10: Violations; presumption; penalties; jurisdiction

246 words·~1 min read·/ma/part-i/title-ii/chapter-21c/10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 10. Any violation of this chapter, or of any regulation, order, license, or approval made thereunder shall be presumed to constitute irreparable harm to the public health, welfare, safety and to the environment. Such presumption may be rebutted by the introduction of competent evidence. Any person who violates any provision of this chapter, or any regulation, order, license or approval issued or adopted thereunder:

(a)shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years in a house of correction, or both, for each such violation; or

(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation; or

(c)a person who knowingly violates any provision of section five, shall be punished by a fine of not more than one hundred thousand dollars, or by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years, or both, for each such violation. Each day each such violation occurs or continues shall be a separate offense.

The superior court shall have jurisdiction to enjoin violations of, or grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of this chapter, or any order, license, approval or regulation issued or adopted thereunder upon the petition of the attorney general, commissioner, or a city or town.