Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 2.00 - Enforcement And Administrative Penalties
ENFORCEMENT OPTIONS
Section 2.11 - Enforcement Options - General

Universal Citation: 360 CMR 2.00 MA Code of Regs 2.11

Current through Register 1531, September 27, 2024

Whenever, on the basis of any available information, the Authority finds that a Person has violated, is violating, or threatens to violate 360 CMR 10.000: Sewer Use, any Notice of Noncompliance, order, or Permit issued pursuant to Authority regulations, or any settlement agreement to which the Authority is a signatory and which binds the Person or his or her assignee or successor, or that a Person has made a false representation in an application, record, or report to the Authority, or has falsified, tampered with, or rendered inaccurate a monitoring device or method, or failed to pay a penalty or fee due to the Authority, the Authority may take one or more of the following actions:

(1) Issue a Notice of Noncompliance;

(2) Issue an administrative order requiring any action the Authority is authorized to require;

(3) Assess a civil administrative penalty;

(4) Issue or modify a Permit under 360 CMR 10.000: Sewer Use with schedules of compliance or other requirements as necessary to bring the permittee into compliance or prevent further violations, or both;

(5) Revoke, deny, suspend, or refuse to renew a Permit issued under 360 CMR 10.000: Sewer Use;

(6) Terminate or suspend water and/or sewer services provided to the Person;

(7) Institute a court action for:

(a) Civil penalties;

(b) Criminal fines and/or other criminal punishment;

(c) Injunctive relief, including the issuance of an injunction or a temporary restraining order;

(d) Reimbursement of costs and/or damages resulting from the violation or threatened violation; and/or

(e) Any other judicial relief authorized by law or regulation;

(8) Require the Person to attend a meeting at the Authority during business hours, or at any other reasonable time, to discuss its violations or threatened violations, the remedial actions that it might take, and the actions that the Authority might take under 360 CMR 2.00;

(9) Enter into a Consent Agreement or Settlement Agreement with the Person in which the Person agrees to take actions that the Authority might require under 360 CMR 2.00 and 10.000, including to pay penalties to the Authority without the issuance of a Penalty Assessment Notice, and/or not take actions that the Authority might restrain under 360 CMR 2.00 and 10.000. The Agreement also may take the place of a ruling that the Authority would otherwise issue under 360 CMR 2.21(3); and

(10) Take any other action authorized by law.

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