Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 1.00 - Administration
Section 1.14 - Enforcement
Universal Citation: 974 MA Code of Regs 974.1
Current through Register 1531, September 27, 2024
(1) Right to Inspect . The DEC, its staff, and consultants shall have the right to enter all properties at Devens at reasonable times, for the purpose of observing and investigating construction and/or operations on the site in regard to enforcement of 974 CMR or the bylaws.
(2) Enforcement Powers. The DEC's enforcement powers include:
(a) withholding of building and occupancy
permits;
(b) power to assess
penalties for violations of the Reuse Plan, bylaws, or 974 CMR in amounts no
more than $300 per day per violation, provided that each day such violation
continues shall constitute a separate offense;
(c) power to institute actions in Court to
compel the removal, alteration, or relocation of any structure that violates
the Reuse Plan, bylaws, or 974 CMR;
(d) zoning enforcement powers;
(e) enforcement powers available to a zoning
board of appeals;
(f) power to
require security for the construction of ways and municipal services to a
subdivision that was approved by the DEC;
(g) powers available to enforce the
subdivision control and lotting sections of the bylaws and 974 CMR;
(h) powers available to the DEC to enforce
the Historic District Acts;
(i)
powers provided to the DEC to make and enforce reasonable public health
regulations including, but not limited to, the issuance of permits and the
assessment of fines related to the violation of the bylaws and 974 CMR,
including the removal and transport of garbage or other offensive substances,
atmospheric pollution, disposal of cesspool and septic-tank waste, illicit
connections or discharges to the drainage system, and the construction,
maintenance, and alteration of certain sewage disposal systems; and
(j) other powers expressly and implicitly
conferred on the DEC pursuant to St. 1993, c. 498.
(3) Complaint Process.
(a) Within 14 days of
receipt of a written complaint, the Director or Building Official shall
investigate, inspect the location, and determine if a violation exists. If no
violation is found, the Director or Building Official shall make a written
response to the complainant within 14 days explaining the finding.
(b) If a violation exists, the property owner
and offending party shall be notified in writing of the violation and given a
specified period of time to correct or eliminate the violation. The complainant
shall receive a copy of the notice. At the end of the specified time, the
Director or Building Official shall re-inspect and determine whether the
violation has been corrected or eliminated. If not, the Director or Building
Official shall notify the property owner and offending party in writing that
the violation still exists and may commence the assessment of fines. After
continued violation and with the consent of the DEC, Court action may be
taken.
(c) If the public health or
safety is endangered, the Director shall seek immediate correction and may,
with the consent of the DEC, cause a complaint to be filed in Superior Court or
in District Court in accord with M.G.L. c. 40, § 21D, Noncriminal
Disposition. Alternatively, the DEC may correct the problem and file a
complaint in Superior Court to recover the costs of
repairs.
(4) Wetlands Enforcement Orders.
(a)
Process.
Enforcement Orders for work in the wetlands conducted without an Order of
Conditions or done improperly after the issuance of an Order of Conditions may
be issued by the DEC. The goal of enforcement is to secure prompt and continued
compliance with
974 CMR 4.06
and the Order of Conditions. The DEC oversees work under Superseding and Final
Orders issued by DEP and can issue enforcement orders under them.
(b)
Ratification of Enforcement
Orders. The policy of the DEC is to issue Enforcement Orders after
a vote at a regularly-scheduled meeting of the DEC, unless the violation is of
a very serious or emergency nature. If the Order is issued prior to a vote of
the DEC, to remain in effect, said Order must be ratified by the DEC at its
next meeting. The Order shall be delivered to the applicant by hand or by
certified mail, and shall contain specifics of the violations, required
actions, and deadlines for response. Further, it is the role of the DEC to
enforce DEP Orders as well as local orders. The DEC shall promptly notify the
DEP of all enforcement action taken.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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