Williams Auto Electric Services, Inc. v. Hebert

General Laws c. 21J, inserted by St. 1990, c. 524, § 1, makes it possible to recoup costs of cleaning up oil spills and leaks from the Commonwealth’s Underground Storage Tank Petroleum Cleanup Fund (fund) under certain circumstances. However, G. L. c. 21J, § 3, prohibits any “owner or operator who has a responsibility pursuant to any law with *183respect to environmental cleanup actions” from delaying or avoiding responsibility for a cleanup “because of reliance on funds provided in this chapter or because of any failure or delay of reimbursement provided in this chapter.” The last sentence of G.…