Section 8. No person shall violate, or allow or suffer any employee, agent, or contractor to violate, any provision of this chapter, or of any regulation, rule, order, permit or approval adopted or issued pursuant to this chapter. Any violation of any provision of this chapter, or of any regulation, rule, order, permit or approval adopted or issued pursuant to this chapter shall be presumed to constitute irreparable harm to public health, safety and welfare, and to the environment. Such presumption may be rebutted by the introduction of competent evidence. Any person who violates any provisions of this chapter, or any regulation, rule, order, permit or approval issued or adopted under the provisions of this chapter, (a) shall be punished by a fine not to exceed twenty-five thousand dollars, or by imprisonment for not more than two years, or both; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation. Each day each such violation occurs or continues shall be deemed a separate offense. This shall be in addition to any other penalty or remedy prescribed by law.
Terms Used In Massachusetts General Laws ch. 21O sec. 8
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The superior court department of the trial court shall have jurisdiction to assess civil penalties as set forth in this section, and to enjoin violations of, and grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of this chapter, or any regulation, rule, order, permit or approval adopted or issued pursuant to this chapter, upon petition of the attorney general, a district attorney, the department, the head of the fire department, or a city or town.