Section 40E. Any person or company found by the department of telecommunications and energy, after a hearing, to have violated any provision of sections 40A to 40E, inclusive, shall be fined $1,000 for the first offense and not less than $5,000 nor more than $10,000 for any subsequent offense within 12 consecutive months as set forth by the rules of said department; provided, however, that nothing herein shall be construed to require forfeiture of any penal sum by a state or local government body for violation of section 40A or 40C; and provided, further, that nothing herein shall be construed to require the forfeiture of any penal sum by a residential property owner for the failure to premark for an excavation on such person's residential property.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Section 1 - Jurisdiction; Notice; Hearings
Section 2 - Petition; Recognizance
Section 3 - Notice of Proposed Taking and View or Hearing; Publication
Section 4 - View of Premises; Adjudication
Section 5 - Procedure on Objections to Proposal
Section 6 - Changes Between Termini; Establishment of Building Lines
Section 7 - Taking Land or Easement by Eminent Domain; Damages
Section 8 - Construction Requirements; Payment of Expenses
Section 9 - Culverts and Cattle Passes
Section 10 - Specific Repair of Ways
Section 12 - Payment of Damages and Costs of Construction
Section 13 - Payment of Expenses of Rejected Petitions
Section 14 - Failure by Municipalities to Construct Highways Laid Out by Commissioners
Section 15 - Remedy Against Delinquent Municipalities
Section 16 - Payment of County's Share of Expense
Section 18 - Notice to County Commissioners of Final Action on Petitions
Section 19 - Appeal to County Commissioners
Section 20 - Applicability to Railroad Crossings
Section 21 - Authority to Lay Out Ways
Section 22 - Notice of Intention
Section 23 - Filing and Acceptance of Plan
Section 24 - Taking by Eminent Domain; Damages
Section 28 - Completion of Way by County Commissioners
Section 29 - Private Ways; Laying Out, Relocation or Alteration by Commissioners
Section 30 - Discontinuance by Commissioners
Section 31 - Costs for Hearing Petitions; Recognizance
Section 32 - Report of Laid Out, Relocated or Altered Roads; Recordation
Section 32a - Abandonment of Municipal Ways
Section 32b - Taking Slope Easement to Protect Ways
Section 32c - Easements for Erection of Snow Fences
Section 34 - Reserved Spaces Along Ways; Rights of Pedestrians Injured by Streetcars
Section 35a - Laws Relative to Public Ways; Definition
Section 36 - Penalty for Misuse of Bicycle Paths
Section 38 - Acquisition of Land for Road Materials
Section 39 - Commencement of Proceedings
Section 40 - Definitions Applicable to Secs. 40a to 40e
Section 40a - Excavations; Notice
Section 40b - Designation of Location of Underground Facilities
Section 40d - Local Laws Requiring Excavation Permits; Public Ways