Mass. Gen. Laws » Part I Title XIV Chapter 91
Massachusetts General Laws

Mass. Gen. Laws ch. 91, § 59A (2026)

Tort liability for discharge or deposit of crude petroleum or products; double damages

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Section 59A. Whoever, by himself or his agent, so negligently pumps, discharges or deposits any crude petroleum or any of its products or any other oils or any bilge water or water from any receptacle containing any of the said substances into or on the waters of any lake or river or into or on tidal waters or flats in such manner as to cause damage to the property of another shall be liable in tort to the person whose property is so damaged in double the amount of the damages sustained by him. The use of oil for the extermination of mosquitoes or other insects on the waters of any lake or river or on tidal waters or flats declared to be a breeding place of mosquitoes or other insects, by a town, city or mosquito control project acting under chapter two hundred and fifty-two or any special law, shall not be deemed to be a violation of the provisions of this section, provided such use of oil conforms to the rules and regulations promulgated by the pesticide board.

Notes of Decisions
Cited in 3 cases, 1983–2009 · leading case: Mellor v. Berman, 454 N.E.2d 907 (Mass. 1983).
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Mellor v. Berman, 454 N.E.2d 907 (Mass. 1983). “75D, § 14, G.L.c. 91, § 59A, G.L.c. 140, § 159, G.L.”
Mellor v. Berman, 390 Mass. 275 (Mass. 1983). “75D, § 14, G. L. c. 91, § 59A, G. L. c. 140, § 159, G.”
Forbes Park, LLC v. Irving Oil Corp., 26 Mass. L. Rptr. 378 (Mass. Super. Ct. 2009). “2IE, §5 (count VI); and discharge of petroleum in violation of G.L.c. 91, §59A (count VII). The complaint seeks damages, without further specification, as well as response costs under c.”
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