Massachusetts General Laws

Mass. Gen. Laws ch. 21E, § 11 (2026)

Violations; penalties; actions to recover costs

✓ current as of July 2026

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Section 11. Any violation of this chapter, or of any regulation adopted or order issued thereunder, shall be presumed to constitute irreparable harm to the public health, safety, welfare or the environment. Such presumption may be rebutted by a preponderance of evidence.

In addition to liability for costs incurred by the commonwealth for the investigation, assessment, containment and removal of a release or a threat of a release of oil or hazardous material, any person who violates any provision of this chapter, or any order or regulation issued or adopted thereunder: (a) shall be subject to a civil penalty not to exceed $50,000 for each such violation; or (b) shall be punished by a fine of not more than $50,000, or by imprisonment for not more than two years in a house of correction, or both, for each such violation; or (c) a person violating any provision of section seven 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 such violation occurs or continues shall be considered a separate violation.

The superior court department of the trial 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 or regulation issued or adopted thereunder upon the petition of the attorney general or the commissioner. Upon request of the commissioner, the attorney general may bring an action to recover all costs incurred by the commonwealth in the assessment, containment and removal of any release or threat of release of oil or hazardous material.

Notes of Decisions

Cited in 15 cases, 1983–2011 · leading case: Commonwealth v. Springfield Terminal Ry. Co., 951 N.E.2d 696 (Mass. App. Ct. 2011).

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Commonwealth v. Springfield Terminal Ry. Co., 951 N.E.2d 696 (Mass. App. Ct. 2011). · cites it 7× “Pan Am appeals from the judgments, arguing these points: (1) the judge erroneously failed to instruct the jury that conviction under G. L. c. 21E, § 11, requires a wilful violation, (2) the judge erroneously instructed that G.”

229 Main Street Ltd. P'ship v. Massachusetts Dep't of Env't Prot. (In Re 229 Main Street Ltd. P'ship), 262 F.3d 1 (1st Cir. 2001). “See Mass. Gen. Laws ch. 21E, § 11 (providing for civil penalties, fines, and imprisonment).”

Oliveira v. Pereira, 605 N.E.2d 287 (Mass. 1992). · cites it 2× “In the new statute of limitations under G. L. c. 21E, § 11 A, an individual may bring suit within three years of payment.”

Acme Laundry Co. v. Sec'y of Env't Affairs, 575 N.E.2d 1086 (Mass. 1991). · cites it 2× “G.L.c. 21E, § 11 (1990 ed.). A responsible party may be liable to the Commonwealth for up to three times the costs incurred by the Commonwealth for response costs.”

Commonwealth v. Boston Edison Co., 444 Mass. 324 (Mass. 2005). · cites it 2× “G. L. c. 21E, § 11. Section 4 of the statute governs the department’s authority to respond to the release or threat of release of hazardous material.”

Carpenter v. Texaco, Inc., 646 N.E.2d 398 (Mass. 1995). “See G. L. c. 21E, § 11 A, inserted by St. 1992, c.”

In Re Charles George Land Reclamation Trust, 30 B.R. 918 (Bankr. D. Mass. 1983). “M.G.L. c. 21E § 11 (1983). This potential liability was disconcerting to potential Chapter 7 trustees of the estate in light of the fact that existing conditions at the Debtor’s facility were alleged to be already in violation of the State Superfund statute.”

Hays v. Mobil Oil Corp., 736 F. Supp. 387 (D. Mass. 1990). “M.G.L. c. 21E, § 11 (emphasis added). Thus, the court holds that the limitations period on plaintiff’s chapter 21E cause of action did not begin to run when plaintiff first learned of the soil contamination, which could have been as early as 1971, but when plaintiff’s liability…”

In Re Microfab, Inc., 105 B.R. 161 (Bankr. D. Mass. 1989). “G.L. c. 21E, § 11, par. 3 states: The superior court department of the trial 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 or…”

Commonwealth v. Springfield Terminal Ry. Co., 929 N.E.2d 335 (Mass. App. Ct. 2010). “2IE, § 7, 2 and prosecuted in accordance with G. L. c. 21E, § 11. 3 The charges arose out of the defendants’ failure to notify the Department of Environmental Protection (DEP) about a diesel fuel leak from a parked locomotive.”

Palumbo v. Roberti, 834 F. Supp. 46 (D. Mass. 1993). “Mass.Gen.L. ch. 21E, § 11 A(4). Section 11 A(2) contains a similar provision for actions to recover reimbursement in the event of a "response action” under section 4A.”

Town of Sturbridge v. Mobil Corp., 195 F. Supp. 2d 330 (D. Mass. 2002). “Analysis Defendants Shell and ARCO argue that Counts II through V are time-barred because they were brought after the expiration of the three-year limitations period provided for in M.G.L. c. 21E § 11(A)(4) and M.G.L. c. 260 § 2A.”

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— Mass. Gen. Laws ch. 21E, § 11(A)(4) — 1 case

Town of Sturbridge v. Mobil Corp., 195 F. Supp. 2d 330 (D. Mass. 2002). “Analysis Defendants Shell and ARCO argue that Counts II through V are time-barred because they were brought after the expiration of the three-year limitations period provided for in M.G.L. c. 21E § 11(A)(4) and M.G.L. c. 260 § 2A.”

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