310 CMR, § 36.43 - Orders, Violations and Penalties

(1) The Department may issue orders or amend, suspend or terminate a permit as necessary to aid in the implementation and enforcement of M.G.L. c. 21G and 310 CMR 36.00. Such orders may include, but shall not be limited to, orders requiring persons to cease any activity which is in violation of M.G.L. c. 21G or 310 CMR 36.00 or to carry out activities necessary to bring such person into compliance. The Department may also require any person to submit such information as the Department may reasonably require to evaluate whether that person is subject to, or in violation of, M.G.L. c. 21G or 310 CMR 36.00.

(2) Violations. Without limitation, it shall be a violation of M.G.L. c. 21G and 310 CMR 36.00 to:

(a) fail to take an action required by M.G.L. c. 21G, 310 CMR 36.00, or the terms and conditions of any permit, registration statement or order issued pursuant to M.G.L. c. 21G or 310 CMR 36.00;

(b) make a water withdrawal or engage in any activity that is contrary to M.G.L. c. 21G, 310 CMR 36.00, or the terms and conditions of any permit, registration statement or order issued pursuant to M.G.L. c. 21G and 310 CMR 36.00;

(c) fail to submit a timely application for a permit or a permit renewal for an activity that requires a permit pursuant to 310 CMR 36.16;

(d) make any false, inaccurate, incomplete or misleading statement in any document submitted to the Department or required to be kept by M.G.L. c. 21G or 310 CMR 36.00;

(e) make any false, inaccurate, incomplete or misleading statement in any record, report, plan, file, log, register or other document which the person submits to the Department or is required to keep by the terms of a registration statement, permit or order issued pursuant to 310 CMR 36.00; or

(f) fail to provide any information requested by the Department pursuant to 310 CMR 36.00 or a permit, registration statement or order issued pursuant to 310 CMR 36.00.

(3) Penalties. Any person violating M.G.L. c. 21G or 310 CMR 36.00 shall be subject to the full range of legal actions authorized by M.G.L. c. 21A, § 16, c. 21G, 310 CMR 5.00: Administrative Penalty, and any other applicable law or regulation including, without limitation, criminal fines, imprisonment, and civil and administrative orders and penalties.

Notes

310 CMR, § 36.43

Amended by Mass Register Issue 1273, eff. 11/7/2014. Amended by Mass Register Issue 1487, eff. 1/20/2023.