Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 2.00 - Enforcement And Administrative Penalties
ENFORCEMENT OPTIONS
Section 2.15 - Permit Action
Universal Citation: 360 CMR 2.00 MA Code of Regs 2.15
Current through Register 1531, September 27, 2024
(1) The Authority may revoke, suspend, modify, deny, or refuse to renew a Permit issued under 360 CMR 10.000: Sewer Use whenever, on the basis of available information, the Authority finds that the permittee:
(a) Provided false or misleading information
to the Authority, or failed to provide relevant information to the Authority,
as part of the permitting process;
(b) Intentionally falsified or misrepresented
records, rendered inaccurate or tampered with any monitoring device or method
used or required by the Authority, or manipulated sampling, inspecting, or
other monitoring to hide actual or potential violations of any
Requirement;
(c) Has a history of
noncompliance that has not abated after receiving a Notice of Noncompliance,
Order, Penalty Assessment Notice, or a Permit with a compliance schedule from
the Authority;
(d) Has violated or
failed to comply with a Notice of Noncompliance, Order, Ruling, or a Permit,
issued by the Authority or a court after having a reasonable opportunity to
comply;
(e) Intentionally violated
or failed to comply with a Notice of Noncompliance, Order, Ruling or a Permit
issued by the Authority or a court;
(f) Intentionally violated or failed to
comply with a settlement agreement to which the Authority and the permittee are
parties;
(g) Does not have the
ability to comply with an Authority Requirement within a reasonable period of
time;
(h) Has a discharge which can
reasonably be expected to result in a significant harm to health, safety, the
environment, the Authority Sewerage System, a tributary to the Authority
Sewerage System, or to cause Interference or Pass Through; or
(i) Has failed to pay a penalty or fee due
the Authority after receiving notice to do so.
(2) A Permit Action shall be initiated by a notice to the permittee that:
(a) Identifies
the basis for the Authority action and the facts and circumstances upon which
the Authority relies;
(b) Indicates
whether such action is of limited, indefinite, or permanent duration;
and
(c) Informs the permittee of
its right to request reconsideration of the Permit Action and that timely
filing of such request will stay the Permit Action pending the resolution of
such request.
(3) A Permit Action may be taken to prevent further violations, as a means to help insure compliance, as part of a process of escalating enforcement to gain compliance, and/or as a deterrent to future Violations by the permittee subject to the Action.
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