Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 5.00 - Administrative Penalty
Section 5.22 - Maximum Permissible Penalty
Universal Citation: 310 MA Code of Regs 310.5
Current through Register 1531, September 27, 2024
Subject to the provisions of 310 CMR 5.23 and 5.24, for each noncompliance, the Penalty assessed shall not exceed the amounts set forth below:
(1) $25,000 for each of the following:
(a) each release, discharge,
or disposal of material into the environment without the approval of the
Department, or in a manner not approved by the Department, whenever such
release, discharge, or disposal requires the approval of the
Department.
(b) engaging in any
business or activity without a license or other approval from the Department
whenever engaging in such business or activity requires such license or
approval by the Department.
(c)
failure to promptly report to the Department each unauthorized disposal of
hazardous waste, as defined by M.G.L. c. 21C.
(d) failure to promptly report to the
Department each unauthorized release or discharge of hazardous materials into
the environment, as defined by M.G.L. c. 21E.
(e) failure to comply that is part of a
pattern of noncompliance and not an isolated instance.
(f) knowingly making, or causing any person
to make, any false, inaccurate, incomplete or misleading statement in any
document submitted to or required to be kept by the department.
(g) failure to comply with or otherwise
violate M.G.L. c. 21E or any regulation adopted thereunder.
(2) $250.00 for each failure to comply with Right-to-Know Requirements.
(3) $1,000.00 for each noncompliance which is not described in 310 CMR 5.22(1) or (2).
(4) Notwithstanding the foregoing, the maximum permissible penalty amount may exceed the economic benefit realized by a person for noncompliance.
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