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Code of Massachusetts Regulations (CMR)

Chapter 5.00

310 C.M.R. 5.00

Administrative penalty

MGL c. 21A, § 16 St. 1985 c. 95, §§ 2 and 3Massachusetts Department of Environmental Protection

5.01Authority 5.02Purpose 5.03Applicability 5.04Severability 5.05Definitions 5.06Effective Date 5.07Computation of Time 5.08Issuance of Notices 5.09Receipt of Notices 5.10Preconditions for Assessment of a Civil Administrative Penalty 5.11Noncompliance with a Law, Regulation, Order, License, or Approval 5.12Notice of Noncompliance 5.13Pattern of Noncompliance 5.14Willful Noncompliance 5.15Noncompliance Resulting in Significant Impact on Public Health, Safety, or Welfare, or the Environment 5.16Noncompliance Consisting of Failure to Promptly Report Any Unauthorized Disposal of Hazardous Waste or Unauthorized Release or Discharge of Oil or Hazardous Material Into the Environment 5.17Noncompliance Consisting of Failure to Maintain a Permanent Solution or Remedy Operation Status 5.18Noncompliance Consisting of Failure to Comply with Terms of Activity and Use Limitation 5.19Noncompliance Consisting of Knowingly Making, or Causing any Person to Make, a False, Inaccurate, Incomplete or Misleading Statement In Document 5.20Determining the Money Amount of a Civil Administrative Penalty 5.21Minimum Permissible Penalty 5.22Maximum Permissible Penalty 5.23Penalizing Continued and/or Repeated Noncompliance 5.24Calculating the Duration of Continued and/or Repeated Noncompliance 5.25Factors to be Applied in Determining the Money Amount of a Civil Administrative Penalty 5.30Procedures for Assessment of a Civil Administrative Penalty 5.31Notice of Intent to Assess a Civil Administrative Penalty 5.32Content of Notice of Intent to Assess a Civil Administrative Penalty 5.33Service of Notice of Intent to Assess a Civil Administrative Penalty 5.34Right to Adjudicatory Hearing 5.35Waiver of Right to Adjudicatory Hearing 5.36Conducting the Adjudicatory Hearing 5.37Paying a Civil Administrative Penalty