Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 5.00 - Administrative Penalty
Section 5.10 - Preconditions for Assessment of a Civil Administrative Penalty
Universal Citation: 310 MA Code of Regs 310.5
Current through Register 1531, September 27, 2024
A Penalty may be assessed only for a failure to comply that:
(1) meets the criteria set forth in 310 CMR 5.11, and
(2) was any of the following:
(a) the subject of a previous Noncompliance
Notice, as set forth in
310 CMR
5.12.
(b) part of a pattern of noncompliance, as
set forth in
310 CMR
5.13.
(c) willful and not the result of error, as
set forth in
310 CMR
5.14.
(d) a failure to comply that resulted in
significant impact on public health, safety, or welfare, or the environment, as
set forth in
310
CMR 5.15.
(e) a failure to comply that consisted of
failure to promptly report to the Department any unauthorized disposal of
hazardous waste or any unauthorized release or discharge of oil or hazardous
material into the environment, as set forth in
310
CMR 5.16.
(f) a failure to comply that consisted of a
failure to maintain a permanent solution or a remedy operation status pursuant
to M.G.L. c. 21E and 310 CMR 40.0000 and as set forth in
310
CMR 5.17.
(g) a failure to comply with the terms of an
activity and use limitation pursuant to M.G.L. c. 21E, § 6 and 310 CMR
40.0000 and as set forth in
310
CMR 5.18.
(h) a failure to comply that consisted of
knowingly making, or causing any person to make, a false, inaccurate,
incomplete or misleading statement in a document submitted to or required to be
kept by the department as set forth in
310
CMR 5.19
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