Mass. Gen. Laws » Part I Title II Chapter 21E
Massachusetts General Laws

Mass. Gen. Laws ch. 21E, § 11A (2026)

Civil actions

✓ current as of July 2026
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Section 11A. Notwithstanding any other general or special law to the contrary, civil actions pursuant to this chapter shall be brought in accordance with the following deadlines:

(1) Actions brought by the attorney general pursuant to sections five or ten or both to recover response costs incurred by the commonwealth, and actions brought by the attorney general to enforce or foreclose liens recorded or filed pursuant to this chapter, shall be commenced within five years from the date the commonwealth incurs all such costs or five years from the date the commonwealth discovers that the person against whom the action is being brought is a person liable pursuant to this chapter for the release or threat of release on account of which the commonwealth has incurred such costs, whichever is later.

(2) Actions brought by persons other than the commonwealth pursuant to sections four or four A to recover reimbursement, contribution or equitable share shall be commenced within three years after the date the person seeking such recovery discovers or reasonably should have discovered that the person against whom the action is being brought is a person liable pursuant to the provisions of this chapter for the release or threat of release for which such costs or liability were incurred, or within three years of the time when the person bringing the action first learns of a material violation of an agreement entered into pursuant to section four A, or within three years after the person bringing the action incurs all response costs, or within three years after payment by the person seeking contribution, reimbursement, or an equitable share for liability pursuant to the provisions of this chapter, or within three years after sending notice pursuant to the first paragraph of section four A, whichever is later.

(3) Actions brought by the commonwealth pursuant to this chapter to recover for damage to natural resources, including costs of assessment and evaluation, or for damage to real or personal property, shall be commenced within three years after the date of the discovery of the damage or loss and its connection with the release in question, or three years after the date the commonwealth discovers that the person against whom the action is being brought is a person liable pursuant to this chapter for the release or threat of release that caused the damage, or by the deadline specified in subsection (1) of this section, whichever is later.

(4) Actions by persons other than the commonwealth to recover for damage to real or personal property shall be commenced within three years after the date that the person seeking recovery first suffers the damage or within three years after the date the person seeking recovery of such damage discovers or reasonably should have discovered that the person against whom the action is being brought is a person liable pursuant to this chapter for the release or threat of release that caused the damage, whichever is later.

(5) Actions brought against the commonwealth for reimbursement of response costs pursuant to subsection (b) of section ten shall be commenced within the deadline set forth therein.

Notes of Decisions
Cited in 11 cases, 1994–2018 · leading case: Taygeta Corp. v. Varian Assocs., Inc., 763 N.E.2d 1053 (Mass. 2002).
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Taygeta Corp. v. Varian Assocs., Inc., 763 N.E.2d 1053 (Mass. 2002). · cites it 4× “260, § 2A (provision governing tort actions), and G. L. c. 21E, § 11A (4) (provision governing civil actions under *221 G.”
Carpenter v. Texaco, Inc., 646 N.E.2d 398 (Mass. 1995). “The Commonwealth was not representing the plaintiffs’ interests in pursuing the defendants.”
Church v. Gen. Elec. Co., 138 F. Supp. 2d 169 (D. Mass. 2001). “See Mass. Gen. Laws ch. 21E § 11A(2). If the parties cannot apportion responsibility for the pollution through settlement, the party seeking costs may commence a civil action within three years of sending the letter.”
Hill v. Metro. Dist. Comm'n, 439 Mass. 266 (Mass. 2003). “See G. L. c. 21E, § 11A (2) and (4). MDC avoids these problems by saying that it is only the § 10 ‘immunities’ and the $100,000 cap on liability that protect a public employer in a G.”
One Wheeler Road Assocs. v. Foxboro Co., 843 F. Supp. 792 (D. Mass. 1994). “This situation was remedied in 1992 by the enactment of Mass.Gen.L. ch. 21E, § 11A which provides: Actions to recover for damage to real property shall be commenced within three years after the date that the person seeking recovery first suffers the damage or within three years…”
Rudnick v. Hosp. Mortg. Grp., Inc., 951 F. Supp. 7 (D. Mass. 1996). · cites it 2× “Thus, section 4A serves the stated goals of the 1992 amendments — to “increas[e] the private sector’s responsibility for timely site assessment and cleanup,” Commonwealth of Massachusetts, Fiscal Year 1993 Investments in Success: FRAMEWORK FOR GROWTH, Budget Message, Volume I,…”
Town of Sturbridge v. Mobil Corp., 195 F. Supp. 2d 330 (D. Mass. 2002). “tations for claims of property damage under Section 5: Actions by persons other than the Commonwealth to recover for damage to real or personal property shall be commenced within three years after the date that the person seeking recovery first suffers the damage or within three…”
Grand Manor Condo. Ass'n v. City of Lowell (Mass. 2018). · cites it 5× “G. L. c. 21E, § 11A. Thus, the plaintiffs' claim under § 5 would only be timely if the limitations period began to run on or after October 10, 2009.”
Town of Weymouth v. Welch, 6 Mass. L. Rptr. 197 (Mass. Super. Ct. 1996). “G.L.c. 21E §11A(4) (1990 ed.). The section also states: Actions brought by persons other than the commonwealth pursuant to sections four or four A to recover reimbursement, contribution or equitable share shall be commenced within three years after the person seeking such…”
Am. Fiber & Finishing, Inc. v. Tyco Healthcare Grp., LP, 273 F. Supp. 2d 155 (D. Mass. 2003). “A three-year limitations period applies to Count II (property damage under Mass. Gen. Laws ch. 21E, § 5), see Mass. Gen.”
Massachusetts Hardware & Supply Co. v. Salamone, 9 Mass. L. Rptr. 21 (Mass. Super. Ct. 1998). “defective notice may be insufficient to toll the statute of limitations, see Mass.Gen.L. ch. 21E, §11A(2), or to provide a basis for awarding attorneys fees, see Mass.”
— Mass. Gen. Laws ch. 21E, § 11A(2) — 3 cases
Church v. Gen. Elec. Co., 138 F. Supp. 2d 169 (D. Mass. 2001). “See Mass. Gen. Laws ch. 21E § 11A(2). If the parties cannot apportion responsibility for the pollution through settlement, the party seeking costs may commence a civil action within three years of sending the letter.”
Rudnick v. Hosp. Mortg. Grp., Inc., 951 F. Supp. 7 (D. Mass. 1996). “Thus, section 4A serves the stated goals of the 1992 amendments — to “increas[e] the private sector’s responsibility for timely site assessment and cleanup,” Commonwealth of Massachusetts, Fiscal Year 1993 Investments in Success: FRAMEWORK FOR GROWTH, Budget Message, Volume I,…”
Massachusetts Hardware & Supply Co. v. Salamone, 9 Mass. L. Rptr. 21 (Mass. Super. Ct. 1998). “defective notice may be insufficient to toll the statute of limitations, see Mass.Gen.L. ch. 21E, §11A(2), or to provide a basis for awarding attorneys fees, see Mass.”
— Mass. Gen. Laws ch. 21E, § 11A(4) — 2 cases
Town of Weymouth v. Welch, 6 Mass. L. Rptr. 197 (Mass. Super. Ct. 1996). “G.L.c. 21E §11A(4) (1990 ed.). The section also states: Actions brought by persons other than the commonwealth pursuant to sections four or four A to recover reimbursement, contribution or equitable share shall be commenced within three years after the person seeking such…”
Am. Fiber & Finishing, Inc. v. Tyco Healthcare Grp., LP, 273 F. Supp. 2d 155 (D. Mass. 2003). “A three-year limitations period applies to Count II (property damage under Mass. Gen. Laws ch. 21E, § 5), see Mass. Gen.”
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