Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 29.00 - Civil Administrative Penalties
Section 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.