Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories
Section 42.17 - Orders, Violations, and Penalties

Universal Citation: 310 MA Code of Regs 310.42

Current through Register 1531, September 27, 2024

(1) Without limitation, the Department may issue orders or downgrade or revoke a certification as necessary to aid in the implementation and enforcement of M.G.L. c. 21, §§ 26 through 53; c. 21A, § 2(28); c. 21C, § 4; c. 21E, § 3; c. 111, §§ 142A through 142E, 150A, 160, or 310 CMR 42.00. Such orders may include, but shall not be limited to, orders requiring persons to cease any activity which is in violation of the aforementioned statutes or 310 CMR 42.00 or to carry out activities necessary to bring such persons into compliance. The Department may also require any person to submit such information as the Department may reasonably require to evaluate whether that person is subject to, in compliance with, or in violation of the aforementioned statutes or 310 CMR 42.00.

(2) Violations. Without limitation, it shall be a violation of 310 CMR 42.00 for any person to:

(a) Fail to comply with any order of the Department;

(b) Engage in any activity that is contrary to the terms and conditions of 310 CMR 42.00, or of any certificate or order issued pursuant to 310 CMR 42.00;

(c) Make any false, inaccurate, incomplete, or misleading statement in any application, record, report, plan, file, data package, log, register, or other document submitted to the Department or required to be kept by 310 CMR 42.00 or the terms of a certificate; or

(d) Make any false, inaccurate, incomplete, or misleading statement in any record, report, plan, file, data package, log, register, or other document issued by or on behalf of a laboratory; or

(e) Fail to provide any information requested by the Department, in a timeframe the Department specifies, pursuant to 310 CMR 42.00.

(3) Penalties. Any person violating 310 CMR 42.00 shall be subject to the full range of legal actions authorized by M.G.L. c. 21, § 42; c. 21A, § 16; c. Ill, §§ 142A and 150A, 310 CMR 5.00: Administrative Penalty, and any other applicable law or regulation including, without limitation, criminal fines, imprisonment, and civil and administrative orders and penalties.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.