Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM
Section 5.17 - Orders, Violations and Penalties

Universal Citation: 314 MA Code of Regs 314.5

Current through Register 1531, September 27, 2024

(1) Orders. The Department may issue orders as necessary to aid in the implementation and enforcement of M.G.L. c. 21, §§ 26 through 53. Such orders may include, but shall not be limited to, orders requiring persons to cease any activity which is in violation of M.G.L. c. 21, §§ 26 through 53, or 314 CMR 5.00 or to carry out activities necessary to bring such person into compliance. The Department may also require any person to submit such information as the Department may reasonably require to evaluate whether that person is subject to, or in violation of, M.G.L. c. 21, §§ 26 through 53, or 314 CMR 5.00.

(2) Violations. Without limitation, it shall be a violation of M.G.L. c. 21, §§ 26 through 53, and 314 CMR 5.00 to:

(a) fail to comply with any order of the Department;

(b) make a discharge or engage in any other activity that is contrary to the terms and conditions of M.G.L. c. 21, §§ 26 through 53, or 314 CMR 5.00, or of any permit, approval or order issued pursuant to M.G.L. c. 21, §§ 26 through 53, and 314 CMR 5.00;

(c) fail to submit a timely application for a permit or a permit renewal for an activity that requires a permit pursuant to 314 CMR 5.00;

(d) make any false, inaccurate, incomplete or misleading statement in any document submitted to the Department or required to be kept by M.G.L. c. 21, §§ 26 through 53, or 314 CMR 5.00;

(e) make any false, inaccurate, incomplete or misleading statement in any record, report, plan, file, log, register or other document which the person submits to the Department or is required to be kept by the terms of a permit, approval or order issued pursuant to 314 CMR 5.00;

(f) fail to provide any information requested by the Department pursuant to 314 CMR 5.00 or a permit, approval or order issued pursuant to 314 CMR 5.00.

(3) Penalties. Any person violating M.G.L. c. 21, §§ 26 through 53, or 314 CMR 5.00 shall be subject to the full range of legal actions authorized by M.G.L. c. 21, §§ 26 through 53, c. 21A, § 16, 310 CMR 5.00: Administrative Penalty, and any other applicable law or regulation including, without limitation, criminal files, imprisonment, and civil and administrative orders and penalties.

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