Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 2.00 - Enforcement And Administrative Penalties
GENERAL PROVISIONS
Section 2.04 - Definitions

Universal Citation: 360 CMR 2.00 MA Code of Regs 2.04
Current through Register 1531, September 27, 2024

Unless the context specifically indicates otherwise, the meaning of the terms used in 360 CMR 2.00 shall be those defined in 360 CMR 10.004 and as follows:

Civil Administrative Penalty, and Penalty shall mean a Civil Administrative Penalty that the Authority seeks to assess pursuant to St. 1984, c. 372, §§ 6 and 8, and 360 CMR 2.00.

Electronic Medium. Any device used to transmit information electronically including, but not limited to, facsimile and e-mail.

Executive Director shall mean the Executive Director of the Authority.

Notice of Noncompliance shall mean the written notice given to a Person by the Authority pursuant to 360 CMR 2.12 stating that the Person has failed to comply on a specified occasion with a described Requirement.

Penalty Assessment Notice or PAN shall mean a written notice from the Authority imposing a civil administrative penalty pursuant to St. 1984, c. 372, as amended, and Authority regulations.

Permit shall mean any license, permit, certificate, registration, charter, authority, approval, or other form of permission required by law or by rule, regulation, or order of the Authority.

Permit Action shall mean an action by the Authority taken pursuant to 360 CMR 2.15 to revoke, suspend, modify, deny, or refuse to renew a Permit.

Requirement shall mean any rule, regulation, order, or Permit issued or adopted by the Authority, or any law or regulation which the Authority has the authority or responsibility to enforce.

Violation shall mean any act or failure to act or omission which constitutes or results in one or more of the following:

(a) Engaging in any business or other activity without a currently valid Permit whenever engaging in such business or activity requires such a Permit;

(b) Engaging in any activity prohibited by, or not in compliance with, any Requirement; or

(c) Not doing fully, or not doing in timely fashion, anything required by any Requirement.

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