Massachusetts General Laws

Mass. Gen. Laws ch. 21E, § 9 (2026)

Orders to conduct assessment, containment or removal

✓ current as of July 2026

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Section 9. Whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material, the department may issue to any person described in paragraph (a) of section five an order requiring such person to conduct an assessment of such release or threat of release. Releases and threats of release for which the department orders such assessment shall be determined by reference to the Massachusetts contingency plan.

Whenever in the opinion of the department a release or threat of release poses a significant danger to the public health, safety, welfare, or the environment, the department may issue to any person described in paragraph (a) of section five an order requiring such person to conduct such containment and removal actions, consistent with the Massachusetts Contingency Plan, as the department reasonably deems necessary.

Whenever there is a violation of this chapter, the department may issue to such person causing or contributing to such violation an order requiring the production or analysis of samples and the production of records, or imposing such restraints of or requiring such action by said persons.

Issuance of an order under this section shall not preclude, and shall not be deemed an election to forego, any action authorized by section four or any action to recover damages, costs, or to seek civil penalties, criminal fines and sanctions, or injunctive relief.

Notes of Decisions

Cited in 5 cases, 1989–2019 · leading case: Acme Laundry Co. v. Sec'y of Env't Affairs, 575 N.E.2d 1086 (Mass. 1991).

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Acme Laundry Co. v. Sec'y of Env't Affairs, 575 N.E.2d 1086 (Mass. 1991). · cites it 3× “" G.L.c. 21E, § 9 (1990 ed.). Section 4 authorizes the DEQE to incur costs for investigations, monitoring, and other information gathering activities, and planning, management, and direction of assessment, containment, and removal actions.”

Thomas & Betts Corp. v. Alfa Laval, Inc., 915 F.3d 36 (1st Cir. 2019). “0160(1); see also Mass. Gen. Laws ch. 21E, § 9 (describing MassDEP's authority to order a responsible party to undertake a response action).”

In Re Microfab, Inc., 105 B.R. 161 (Bankr. D. Mass. 1989). · cites it 2× “Therefore, had Microfab not sought the protection of the Bankruptcy Code, it would now be required under Massachusetts environmental law (especially G.L. c. 21E, §§ 9 and 11) to remediate the contamination.”

Sanitoy, Inc. v. Ilco Unican Corp., 602 N.E.2d 193 (Mass. 1992). “G. L. c. 21E, § 9 (1990 ed.). A party that undertakes such remedial action is not necessarily liable for the entire cost of assessment, containment, and removal.”

Massachusetts Mun. Wholesale Elec. Co. v. Energy Facilities Siting Council, 580 N.E.2d 1028 (Mass. 1991). “G. L. c. 21E, § 9 (1990 ed.) (expressly grants Commissioner of Department of Environmental Protection power to issue orders); G.”

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