Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution
Section 16.10 - Enforcement, Violations, and Right of Entry
Universal Citation: 314 MA Code of Regs 314.16
Current through Register 1531, September 27, 2024
(1) The Department may take enforcement action pursuant to applicable law to enforce the provisions of M.G.L. c. 21, § 43A, and 314 CMR 16.00. Such action may include, without limitation, the following:
(a) Issuing such orders as
necessary to aid in the implementation and enforcement of M.G.L. c. 21, §
43A, and 314 CMR 16.00, or to take any other action necessary to protect public
health. Such orders may include, but shall not be limited to, orders requiring
permittees or municipal boards of health or health departments to cease and
desist any activity that is in violation of M.G.L. c. 21, § 43A or 314 CMR
16.00, or to carry out such activities necessary to bring such permittee,
municipal board of health or health department into compliance;
(b) Requiring a permittee or municipal board
of health or health department to provide information, within a timeframe
specified by the Department, to enable the Department to determine whether such
permittee or municipal board of health or health department is subject to, in
violation of, or has violated M.G.L. c. 21, § 43A or 314 CMR
16.00;
(c) Assessing civil
administrative penalties pursuant to M.G.L. c. 21A, § 16 and M.G.L. c. 21,
§ 42; or
(d) Referring the
suspected violation to the Attorney General or appropriate District Attorney
for injunctive relief and/or civil or criminal enforcement.
(2) It shall be a violation of M.G.L. c. 21, § 43A, and 314 CMR 16.00 to:
(a) Fail to issue any public advisory
notification to the permittee's website when required and in the format
required, within the timeframes established by 314 CMR 16.04;
(b) Fail to include all information required
by 314 CMR 16.04(10) or a permittee's CSO Public Notification Plan in any
issued public advisory notification;
(c) Fail to provide public advisory
notifications to all entities, including news organizations, as required by 314
CMR 16.04(4) or a permittee's CSO Public Notification Plan;
(d) Fail to establish and maintain a public
website as required by 314 CMR 16.05;
(e) Fail to install and maintain signage as
required by 314 CMR 16.05 or a permittee's CSO Public Notification
Plan;
(f) Fail to establish and
implement a permittee's Public Notification Plan as approved by the Department
and required by 314 CMR 16.06;
(g)
Fail to report any information required by the Department pursuant to 314 CMR
16.07;
(h) Fail to provide any
information required by the Department pursuant to 314 CMR
16.10(1)(b);
(i) Fail to issue a
public health warning or otherwise comply with the requirements of 314 CMR
16.09; or
(j) fail to comply with
any other term, requirement, or provision of 314 CMR 16.00, an approved CSO
Public Notification Plan, or other Department approval.
(3) Without limitation, the Department may conduct inspections to verify compliance with or investigate a suspected violation of M.G.L. c. 21, § 43A, 314 CMR 16.00, approved Public Notification Plans or other Department approvals, or administrative orders issued pursuant to M.G.L. c. 21, §§ 26 through 53, in the following manner:
(a) The Department may examine any
records pertaining to the operation of a sewer system or wastewater treatment
facility, in accordance with M.G.L. c. 21, § 40.
(b) The duly authorized agents and employees
of the Department, at all reasonable times, may enter and examine any property,
facility, operation or activity in accordance with M.G.L. c. 21, § 40. The
owner, operator or other person in charge of the property, facility, operation
or activity, upon presentation of proper identification, shall give such agents
and employees free and unrestricted entry and access in accordance with M.G.L.
c. 21, § 40.
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.