105 CMR, § 500.205 - Plan of Correction
(A) The applicant,
licensee, or permit holder, within the time specified in the Notice of
Violations/Order to Correct, shall file a written plan of correction, certified
under the pains and penalties of perjury.
(B) Each plan of correction shall:
(1) State the name of the applicant,
licensee, or permit holder and the name of the individual and address for
receipt of notices;
(2) Reference
each violation or deficiency cited, and for each indicate:
(a) The specific corrective action completed
and the date the work was completed; and/or
(b) Where corrective action was not yet
completed, the specific corrective action planned and the timetable and date
for completion, which is in accordance with the date indicated in the Notice of
Violations/Order to Correct; and
(3) Include the date and the signature of the
applicant, licensee, or permit holder or his or her official designee, sworn to
under the pains and penalties of perjury.
(C) If the applicant, licensee, or permit
holder cannot complete the corrective action within the time frame designated
in the Notice of Violations/Order to Correct, such person must petition the
regulatory agency in writing for an extension of the time to correct. Any
petition to extend the time to correct must be submitted to the regulatory
agency prior to the date indicated in the Notice of Violations/Order to Correct
for the violation or deficiency to be corrected. An untimely petition for
extension will not be considered unless good cause can be shown for the failure
to file in a timely manner. A petition for an extension of time shall include
the reason(s) that the correction cannot be timely completed
(e.g. the work requires a permit which will not be issued
within the time period granted), including documentary evidence in support and
a specific time by which the facility will complete corrections. The regulatory
agency shall notify the applicant, licensee, or permit holder whether an
extension of the time is granted and the duration of the extension, if it is
granted.
(D) The regulatory agency
may reinspect a facility to determine whether the violations have been
corrected.
(E) If upon review of
the plan of correction and/or upon reinspection the regulatory agency finds
that an applicant, licensee, or permit holder remains noncompliant with
applicable laws and regulations, the regulatory agency may:
(1) Initiate enforcement procedures as set
forth in 105 CMR 500.207; or
(2)
Request that the applicant, licensee, or permit holder amend and resubmit the
plan of correction within ten calendar days of the issuance of the notice or
such other time as the regulatory agency may specify for resubmission;
or
(3) Issue a prescriptive order
that requires specific actions as described in 105 CMR 500.204(D).
Notes
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