Section 47. (a) If the owner fails to take corrective action or fails to file an evaluation report, within the time specified in the order, as required in section 46, or if the owner of the dam cannot be determined, the commissioner may take such action as he deems necessary to repair or mitigate the unsafe condition and put the dam in an acceptable structural and operational condition or remove the dam in accordance with the existing rules and regulations of the department. Any emergency action taken by the owner of a dam pursuant to the commissioner's order or any emergency action taken by the commissioner may be taken without any prior filing with the conservation commission under section 40 of chapter 131. If water has been drawn off or the structure has been altered pursuant to an order by the commissioner, the impoundment shall not be refilled without approval of the commissioner. The commissioner may enter private property to take action to enforce sections 44 to 47, inclusive. The commissioner may enter into contracts to take actions, draw off water or make temporary repairs without complying with the competitive bidding requirements in chapter 149, if such action is necessary to abate a threat to safety or property.
(b) Any person performing substantial repairs without complying with sections 44 to 48A, inclusive, or who fails to comply with the provisions of this chapter or of any order, regulation or requirement of the department relative to dam safety, shall be fined an amount not to exceed $5,000 for each offense, to be fixed by the court. Each violation shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.
(c) The attorney general, upon notice by the commissioner, shall institute an action to recover such fine and to enjoin the alteration, construction and use of such structure.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title IV - Certain Writs and Proceedings in Special Cases
Chapter 253 - Mills, Dams and Reservoirs
Section 2 - Dams; Injury to Existing Mill; Prohibition
Section 4 - Overflow or Injury to Land; Action for Compensation; Limitation; Venue
Section 8 - Assessment of Damages
Section 9 - Height of Dam; Determination by Jury
Section 10 - Annual and Gross Damages; Assessment by Jury
Section 11 - Plaintiff; Right to Elect Gross Amount
Section 12 - Gross Amount; Time for Payment
Section 13 - Annual Compensation
Section 14 - Damages; Lien on Mill
Section 15 - Recovery of Damages; Enforcement of Lien
Section 16 - Sale on Execution
Section 20 - Existing Mills and Dams; Effect of This Chapter
Section 21 - Reassessment; New Action
Section 22 - Reassessment; Parties; Time
Section 23 - Costs; Avoidance by Offer to Pay Increased Compensation
Section 24 - Costs; Avoidance by Offer to Accept Smaller Compensation
Section 26 - Acceptance of Offer; Effect
Section 27 - Verdict; Effect Upon Action for New Damages
Section 28 - Tender; Effect on Costs
Section 29 - Tender; Judgment Upon Acceptance; Costs
Section 30 - Action; Joinder of Parties
Section 32 - Reversal of Judgment for Plaintiff; New Action; Time Limit
Section 33 - Overflowing Public Ways; Petition
Section 35 - Change of Grade of Ways; Power of Commissioner to Order
Section 36 - Damages; Duty of Commissioner to Assess
Section 38 - Order of Commissioner; Compliance; Exoneration From Criminal Liability
Section 39 - Dam to Flow Cranberry Land; Erection; License
Section 40 - Expense; Apportionment; Appeal
Section 41 - Ice Ponds; Erection of Dams; Consent of Owners; Damages
Section 42 - Land Flowed; Compensation
Section 44 - Definitions Applicable to Secs. 44 to 48b
Section 45a - Construction or Alteration of Dams; Permit Approval
Section 46 - Dam Inspection Form; Evaluation, Examination and Tests; Costs and Penalties
Section 46a - Dam Approval; Certificate of Compliance
Section 47 - Unsafe or Inadequate Dams; Action by Commissioner; Enforcement; Regulations
Section 48 - Costs; Lien; Enforcement
Section 48a - Dam Inspection and Regulation Program; Effectiveness Report
Section 48b - Liability of Owner
Section 49 - Acts of Commissioner; Effect on Liability of Owners
Section 50a - Roll Dams; Warning Signs; Failure to Comply
Section 51 - Power of Majority
Section 52 - Meeting of Proprietors
Section 54 - Repairs and Rebuilding; Mills and Dams
Section 55 - Expense of Work; Apportionment
Section 56 - Lien for Advancements
Section 58 - Tenants and Remainderman; Apportionment of Expenses
Section 59 - Mortgagor and Mortgagee; Apportionment of Expenses