Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 5.00 - Administrative Penalty
Section 5.05 - Definitions

As used throughout 310 CMR 5.00, the following terms shall have the following meanings, unless the context clearly indicates otherwise.

Civil Administrative Penalty and Penalty each mean a civil administrative penalty that the Department seeks to assess pursuant to M.G.L. c. 21A, § 16 and 310 CMR 5.00.

Department means the Massachusetts Department of Environmental Protection.

Facility means a site, works, installation, establishment, structure, equipment, or any other thing for activity that is regulated, or that is subject to being regulated, pursuant to any Requirement to which 310 CMR 5.00 apply.

License and Approva l each mean any license, permit, certificate, registration, charter, authority, approval, or other form of permission required by law or by regulation or order of the Department.

Noncompliance and Failure to Comply and Violation each mean any act or failure to act which constitutes or results in one or more of the following:

(a) engaging in any business or other activity without a license or approval whenever engaging in such business or activity requires such license or approval.

(b) engaging in any activity prohibited by, or not in compliance with, any Requirement.

(c) not fully doing, or not doing in timely fashion, anything required by any Requirement.

Notice of Intent to Assess a Civil Administrative Penalty and Penalty Assessment Notice each mean a written notice that the Department is seeking to assess a Penalty pursuant to M.G.L. c. 21A, § 16 and 310 CMR 5.00.

Notice of Noncompliance and Noncompliance Notice each mean a written notice given to a person by the Department and which says that said person has failed to comply on any specified occasion with any described Requirement(s).

Person means any agency or political subdivision of the Commonwealth, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, or any group thereof, or any officer, employee, or agent thereof. Without limiting the generality of the foregoing, the term Person shall also include:

(a) any city, town, district, or body politic of the Commonwealth, and

(b) any agency or authority of the Federal government whenever, as a matter of Federal law, that Federal agency or authority is required to comply with State law, and is subject to State-imposed penalties for noncompliance.

Requirement means any regulation, order, license, or approval issued or adopted by the Department, or any law which the Department has the authority or responsibility to enforce.

Right-to-Know Requirements means Requirements enforced by the Department governing disclosure of information regarding the use of toxic or hazardous substances in the workplace [see M.G.L. c. 111F, §§ 1 through 3 and 16 through 19, and 310 CMR 33.00] .

Same Requirement(s) means Requirement(s) that require, or prohibit, the same action or activity.

Site means the same or geographically contiguous property owned, operated, or controlled by the same person. A site may be divided by a public or private right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which that person controls, and to which the public does not have access, are considered on-site property.