454 CMR 29.05 - Temporary Restraining Orders and Preliminary and Permanent Injunctions for Asbestos and Lead Violations
(1)
Initiation. Whenever the Director has reason to
believe that a person, firm, corporation, or other entity is engaging in, or is
about to engage in, a Violation of M.G.L. c. 111, § 197 or 197B; or M.G.L.
c. 149, §§ 6A through 6E, he or she may bring an action in the name
of the Commonwealth against such person, firm, corporation, or other entity to
restrain the Violation by temporary restraining order or preliminary or
permanent injunction. The action may be brought in the superior court of the
county in which such person, firm, corporation, or other entity resides or has
as his or her principal place of business, or the action may be brought in the
superior court of Suffolk County with the consent of the parties or if the
person, firm, corporation, or other entity has no place of business within the
Commonwealth. If more than one person, firm, corporation, or other entity is
joined as a defendant, the action may be brought in the superior court of the
county where any one of the defendants reside or has his or her principal place
of business, or in Suffolk County.
(2)
Penalty for Violation of an
Injunction. Any person, firm, corporation, or other entity that
violates an injunction issued pursuant to
454
CMR 29.05 shall be subject to a Civil Penalty
of not more than $10,000 for each such Violation. Each day during which a
person, firm, corporation, or other entity fails to correct the Violation that
formed the basis for the injunction shall be considered a separate Violation.
For the purposes of454 CMR
29.05(2), the Department may
petition the court retaining jurisdiction for recovery of this Civil
Penalty.
Notes
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