Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 10.00 - Dam Safety
Section 10.15 - Fines
Universal Citation: 302 MA Code of Regs 302.10
Current through Register 1531, September 27, 2024
Fines shall be levied for a failure to comply with the following nonexclusive list of requirements:
(1) Fines for Non-compliance with the Following Requirements (but not necessarily limited to):
(a) Failure to register a dam with the Office
of Dam Safety and the Registry of Deeds will result in fines up to
$5,000.00.
(b) Failure to notify
the Office of Dam Safety of the transfer of a dam from one owner to another
will result in fines up to $5,000.00.
(c) Failure of the owners of High Hazard
Potential and Significant Hazard Potential dams to hire a qualified Registered
Professional Engineer to provide compliant Emergency Action Plans and required
updates to the Office of Dam Safety and the Massachusetts Emergency Management
Agency will result in fines up to $5,000.00.
(d) Failure of the owners to provide the
Office of Dam Safety with an Inspection Report that is in compliance as to
content and frequency of inspection as provided for in
302 CMR
10.00 will result in fines up to $5,000.00.
(e) Failure of a dam owner to comply with the
requirements of a Certificate of Non-compliance and Dam Safety Order pursuant
to a dam determined to be in Poor or Unsafe Condition will result in fines up
to $5,000.00.
(f) Failure of an
owner to obtain a Chapter 253 Dam Safety Permit prior to performing any dam
work such as alteration, breach, removal or substantial repairs will result in
fines up to $5,000.00.
(g) Failure
of the owners to comply with the conditions of a Chapter 253 Dam Safety Permit
will result in fines up to $5,000.00.
(2) Any person who fails to comply with the provisions of M.G.L. c. 253 or of any order, regulation or requirement of the department relative to dam safety, shall be fined an amount not to exceed $5,000.00 for each offense, to be fixed by the court.
(3) Each violation shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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