Current through Register 1531, September 27, 2024
(1) The Department may take enforcement
action pursuant to applicable law to enforce the provisions of
314 CMR
21.00 and any Watershed Permit issued thereunder. Such
action may include, without limitation, the following:
(a) Requiring a permittee to provide
information, within a timeframe specified by the Department, to enable the
Department to determine whether such permittee is subject to, in violation of,
or has violated
314 CMR
21.00 or any Watershed Permit issued thereunder;
(b) Revoking the Watershed Permit
in accordance with
314
CMR 21.06;
(c) Assessing civil administrative penalties
pursuant to M.G.L. c. 21A, § 16, and M.G.L. c. 21, § 42;
and
(d) Taking any other actions
authorized by these regulations or any other authority by which the Department
may act.
(2) Without
limitation, it shall be a violation of
314 CMR
21.00 to:
(a) Make
any false, inaccurate, incomplete, or misleading statement in any submission
required by
314 CMR
21.00 or a Watershed Permit;
(b) Make any false, inaccurate, incomplete,
or misleading statement in any record, report, plan, file, log, register, or
other document which the permittee is required to keep under
314 CMR
21.00 or a Watershed Permit;
(c) Fail to meet deadlines established by, or
otherwise fail to comply with an implementation schedule established by
314 CMR
21.00 or a Watershed Permit;
(d) Fail to conduct water quality monitoring
in accordance with a permittee's monitoring plan;
(e) Fail to report monitoring results as
required by
314
CMR 21.05(2) and
314
CMR 21.10(8);
(f) Fail to file a five-year report pursuant
to 314 CMR
21.10(10); or
(g) Fail to comply with any other term,
requirement, or provision of
314 CMR
21.00, an approved Watershed Management Plan or other
Department approval, or a Watershed Permit.
(3) Without limitation, the owner, operator,
or other person in charge of the permittee's property, facility, operation, or
activity, upon presentation of proper identification, shall give the Department
and its authorized representatives free and unrestricted access to conduct
inspections to verify compliance or investigate suspected violations relative
to 314 CMR
21.00, a Watershed Permit, or other Department
approvals issued pursuant to
314 CMR
21.00, by:
(a)
entering the permittee's premises at all reasonable times to examine and copy
any records pertaining to the implementation of pollutant reduction actions
authorized by an approved Watershed Management Plan or Watershed Permit and any
records that must be kept under the conditions of the Watershed
Permit;
(b) entering and examining
the permittee's properties, facilities, equipment, operations or activities
regulated or required under the approved Watershed Management Plan or Watershed
Permit; or
(c) sampling or
monitoring at reasonable times for the purpose of determining compliance with
the terms and conditions of the approved Watershed Management Plan and
Watershed Permit.
