ENVIRONMENTAL ENDANGERMENT ACT

M.G.L. pt. Part I, tit. Title II, ch. c. 21L

in effect

M.G.L. c. 21L, § 1 Definitions

c. 21L, § 1. Definitions Section 1. As used in the chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Buzzards bay'', the waterway bounded and described as follows: from Sakonnet point southward to the north end of the Buzzards bay traffic separation zone, to the southwestern tip of Cuttyhunk island thence through Buzzards bay to the eastern entrance of the Cape Cod canal at the United States Coast Guard ''CC'' buoy in Cape Cod bay, including Woods Hole passage and Quicks hole. ''Environmental violation'', a violation of the following statutes or regulations promulgated thereunder: sections 26 to 53, inclusive, of chapter 21; chapter 21C, chapter 21E; sections 142A, 142B and 150A of chapter 111; and section 40 of chapter 131. ''Natural resources'', land fish, wildlife, biota, air, water, groundwater and drinking water supplies belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the commonwealth or any local government. ''Organization'', a person other than an individual. ''Person'', an individual, public or private corporation or authority, trust, firm, joint stock company, partnership, association or other entity and any officer, employee, or agent of such person and any group of persons. ''Serious bodily injury'', bodily injury which creates a substantial risk of death or which involves unconsciousness, extreme physical pain, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ or mental faculty, reproductive or genetic damage or a substantially increased risk of cancer or other chronic ailment. ''Tank vessel'', a ship that is constructed or adapted to carry, or that carries, oil or other petroleum product in bulk as cargo and that operates on the waters of the commonwealth or transfers oil or other petroleum products in a port or place subject to the jurisdiction of the commonwealth.

M.G.L. c. 21L, § 2 Environmental violations; punishment

c. 21L, § 2. Environmental violations; punishment Section 2. (a) A person who knowingly or recklessly commits an environmental violation and thereby causes serious bodily injury to another human being:— (1) shall be punished by a fine of not more than $100,000 or by imprisonment in the state prison for not more than 20 years or in a jail or house of correction for not more than 21/2 years or both such fine and imprisonment, in the case of an individual; and (2) in the case of an organization, shall be punished by a fine of not more than $500,000 for a first offense and by a fine of not more than $2,000,000 for any second or subsequent offense. (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 punished by a fine of not more than $100,000, or by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years or both such fine and imprisonment, in the case of an individual; and (2) in the case of an organization, shall be punished by a fine of not more than $250,000 for a first offense and by a fine of not more than $500,000 for a second or subsequent offense. (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 punished by a fine of not less than $2,500 nor more than $50,000 per day of violation, or by imprisonment for not more than 1 year, or by both such fine and imprisonment. For a second or subsequent conviction under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment for not more than 2 years, or by both such fine and imprisonment. (d) If a person derives pecuniary gain from an environmental violation that causes serious bodily injury to another human being or causes a substantial risk of damage to natural resources or to the property of another person, or if an environmental violation results in damage to natural resources or pecuniary loss to another person, such person who committed the violation may be fined not more than the greater of twice the gross gain or twice the gross loss or damage, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process.

M.G.L. c. 21L, § 3 Court sentencing

c. 21L, § 3. Court sentencing Section 3. (a) The court: (1) shall, when sentencing an organization for an offense under clause (2) of subsection (a) of section 2 or for a second or subsequent offense under clause (2) of subsection (b) of said section 2; and (2) may, when sentencing an organization for a first offense under said clause (2) of said subsection (b) of said section (2) place the organization on probation and require as a condition of that probation that the organization pay for an environmental audit. (b) The court shall appoint an independent expert with no prior involvement in the environmental management of the organization sentenced to conduct an environmental audit under this section. The prosecution and the defense may each submit names of suggested experts. The court shall consider any such submissions in making an appointment under this subsection. (c) The environmental audit shall: (1) identify all causes of, and any factors that contributed to, the conduct that is the basis for the conviction and recommend specific measures to prevent a recurrence of such causes or factors; and (2) recommend a schedule for implementation of the recommendations under clause (1). (d) The court shall order the defendant to implement each recommendation of the audit unless the court finds by clear and convincing evidence that: (1) the recommendation will not achieve the result the recommendation seeks to bring about: (2) the adverse environmental effects of implementing the recommendation outweigh the environmental benefits of the recommendation: (3) the technology does not exist to carry out the recommendation: or (4) there are alternative means to achieve the equivalent result at significantly less cost to the defendant. Any such alternative means shall be incorporated into the audit in place of the relevant recommendation and the court shall order the defendant to implement the audit as modified. (e) The court may impose for an offense under this chapter a term of probation that is longer than the term otherwise permitted by law, if the court determines that the longer term is necessary to implement the environmental audit. (f) The prosecutor, the auditor appointed under clause 2 subsection (b) or governmental agency may suggest to the court that a failure to implement the audit has taken place. Whenever the alleged failure to implement an environmental audit is properly before the court, unless the defendant demonstrates that the failure did not take place, the court shall order appropriate sanctions. (g) In addition to any other sanctions the court may impose for failure to implement an environmental audit, the court may: (1) hold any appropriate person in contempt; or (2) appoint a special master to conduct such affairs of the defendant as are necessary and relevant to implementation of the audit.

M.G.L. c. 21L, § 4 Environmental violation; penalties

c. 21L, § 4. Environmental violation; penalties Section 4. (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.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21LFetched: 10/20/2026