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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 21e - Massachusetts Oil and Hazardous Material Release Prevention and Response Act
Section 3 - Implementation; Regulations; Response Actions
Section 3a - Timetables and Specifications for Action at Disposal Sites
Section 3b - Permit Application Fees; Annual Compliance Assurance Fees
Section 4a - Notification of Response Action; Procedure; Civil Action
Section 5a - Administrative Record; Selection and Review of Response Actions; Regulations
Section 5b - Judicial Review of Response Actions
Section 7 - Notice of Release or Threat of Release
Section 8 - Entry On, and Investigation and Inspection of Sites and Vessels
Section 9 - Orders to Conduct Assessment, Containment or Removal
Section 11 - Violations; Penalties; Actions to Recover Costs
Section 12 - Confidentiality of Information, Records or Reports
Section 13 - Liens on Property of Persons Liable; Priority; Releases
Section 14 - Response Actions at Sites; Meetings; Public Notice and Participation
Section 15 - Citizen Enforcement
Section 16 - Response Action Contractor Liability
Section 17 - Indemnification Agreements to Hold Harmless Response Action Contractor
Section 19 - Office of Brownfields Revitalization
Section 20 - Distance of Lng Import Terminal From Certain Establishments
Section 21 - Distance of Lng Tankers Traveling by Waterway From Certain Establishments