Massachusetts General Laws

Mass. Gen. Laws ch. 40, § 39G (2026)

Pollution of water; damage to property; penalties

✓ current as of July 2026

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Section 39G. Whoever wilfully or wantonly corrupts, pollutes or diverts any of the waters taken or held under said sections thirty-nine A to thirty-nine E, inclusive, or injures any structure, work or other property owned, held or used by a town under the authority and for the purposes of said sections, shall forfeit and pay to said town three times the amount of damages assessed therefor, to be recovered in an action of tort; and upon conviction of any one of the above wilful or wanton acts shall be punished by a fine of not more than $5,000 or by imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2 years or by both such fine and imprisonment.

Notes of Decisions

Cited in 3 cases, 1979–2002 · leading case: Hampshire Vill. Assocs. v. Dist. Court of Hampshire, 408 N.E.2d 830 (Mass. 1980).

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Hampshire Vill. Assocs. v. Dist. Court of Hampshire, 408 N.E.2d 830 (Mass. 1980). “, G. L. c. 40, § 39G (wilful injury to municipal water facilities); G.”

Town of Sturbridge v. Mobil Corp., 195 F. Supp. 2d 330 (D. Mass. 2002). · cites it 3× “On December 12, 2000, the Town brought suit against Mobil, Shell and ARCO in Worcester Superior Court alleging property damage pursuant to M.G.L. c. 40 § 39G and the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.”

Kane v. Town of Hudson, 389 N.E.2d 737 (Mass. App. Ct. 1979). · cites it 2× “They directed the judge’s attention to G. L. c. 40, § 39G, inserted by St. 1938, c.”

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