310 CMR, § 42.17 - Orders, Violations, and Penalties
(1)
Without limitation, the Department may issue orders or downgrade or revoke a
certification as necessary to aid in the implementation and enforcement of
M.G.L. c. 21, §§ 26 through 53; c. 21A, § 2(28); c. 21C, §
4; c. 21E, § 3; c. 111, §§ 142A through 142E, 150A, 160, or 310
CMR 42.00. Such orders may include, but shall not be limited to, orders
requiring persons to cease any activity which is in violation of the
aforementioned statutes or 310 CMR 42.00 or to carry out activities necessary
to bring such persons 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, in compliance with, or in violation
of the aforementioned statutes or 310 CMR 42.00.
(2)
Violations.
Without limitation, it shall be a violation of 310 CMR 42.00 for any person to:
(a) Fail to comply with any order of the
Department;
(b) Engage in any
activity that is contrary to the terms and conditions of 310 CMR 42.00, or of
any certificate or order issued pursuant to 310 CMR 42.00;
(c) Make any false, inaccurate, incomplete,
or misleading statement in any application, record, report, plan, file, data
package, log, register, or other document submitted to the Department or
required to be kept by 310 CMR 42.00 or the terms of a certificate;
or
(d) Make any false, inaccurate,
incomplete, or misleading statement in any record, report, plan, file, data
package, log, register, or other document issued by or on behalf of a
laboratory; or
(e) Fail to provide
any information requested by the Department, in a timeframe the Department
specifies, pursuant to 310 CMR 42.00.
(3)
Penalties. Any
person violating 310 CMR 42.00 shall be subject to the full range of legal
actions authorized by M.G.L. c. 21, § 42; c. 21A, § 16; c. Ill,
§§ 142A and 150A, 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
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