Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes
Section 31.09 - Enforcement; Assessment of Civil Penalty
Universal Citation: 330 MA Code of Regs 330.31
Current through Register 1531, September 27, 2024
(1) The Department may impose a fine on any Person who violates any provision of 330 CMR 31.00 as follows:
(a) Not more than $250 for a first violation,
$500 for a second violation, and $1,000 for a third or subsequent violation;
and
(b) Each day a violation occurs
under
330 CMR 31.00 is a separate
violation.
(2) In assessing a fine imposed under 330 CMR 31.09(1), the Department shall give consideration to the following:
(a) The
willfulness of the violation, the extent to which the existence of the
violation was known to the violator, but uncorrected by the violator, and the
extent to which the violator exercised reasonable care;
(b) Any actual harm to human health and
safety or to the environment, including injury to, or impairment of, the use of
the waters or the natural resources of the Commonwealth;
(c) The nature and degree of injury to, or
interference with, general welfare, health, and property;
(d) The extent to which the location of the
violation, including location near areas of human population, creates the
potential for harm to the environment or to human health and safety;
and
(e) The extent to which the
current violation is part of a recurrent pattern of the same or similar type of
violation committed by the violator.
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