Section 9. A person who without lawful authority takes or diverts water from a water supply within the watershed system of the division, corrupts or defiles the water supply or a source of the water supply, injures, destroys or interferes with property held or used by the authority for the purpose of constructing, operating or maintaining the watershed system or who violates or refuses to comply with a rule, regulation or order of the department shall be punished by a criminal fine of not more than $50,000 or by imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2 years or by both such fine and imprisonment. In cases of continuing violation, the maximum fine shall be $10,000 per day for each day the violation occurs or continues; provided, that a person convicted of the wanton or malicious destruction of or injury to property used in the construction, operation or maintenance of the watershed system shall also be liable in tort to the department for triple the amount of damages thereby caused. The fine or tort judgment shall be payable to the treasury of the commonwealth.
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