Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.08 - Enforcement

(1) The Department may seek discontinuation of use, removal, or other remedial action in the case of any fill or structure in waterways that is determined to be a public nuisance, in accordance with M.G.L. c. 91, § 23 or as otherwise provided by law. Such fill or structures include those not previously authorized by the Department or the Legislature, those for which a grant or license is not presently valid pursuant to 310 CMR 9.00, or those not conforming to the terms and conditions of a grant or license.

(2) In accordance with M.G.L. c. 91, § 49B, the Department shall remove or cause to be removed any fill or structure in waterways which, in the opinion of the Department, is dilapidated, unsafe, a menace to navigation, or is a source of floating debris that is, or is liable to become, a menace to navigation.

(3) Pursuant to M.G.L. c. 30, § 62I and 310 CMR 9.08(4), the Department may enforce any conditions required by the Secretary in a MEPA certificate for projects proposed within landlocked tidelands.

(4) In addition to any remedy specified pursuant to M.G.L. c. 91, to the Civil Administrative Penalties Statute, M.G.L. c. 21A, § 16, or to other laws of the Commonwealth, the Department may issue Enforcement Orders requiring compliance with any regulation or with any condition of any license or permit issued by the Department. The employees of the Department may enter at reasonable hours upon any property subject to a license, permit, grant, or public easement to inspect for compliance either prior to or following completion of construction of the authorized structure.