1. (1) Jurisdiction.

   1. (a) The PEA shall enforce each condition and Permit requirement whose subject matter is within their jurisdiction as if the EFSB Consolidated Permit had been directly granted by said PEA. A Final Decision of the Board shall identify the applicable PEA for each condition.
   2. (b) The Board shall enforce each condition or Permit requirement whose subject matter is not within the jurisdiction of a PEA. A Final Decision of the Board shall identify which conditions and requirements it shall enforce directly, rather than through a PEA.

2. (2) Enforcement Procedure. An alleged violation of conditions or other permitting requirements may be reported through an accessible reporting portal, to be established by the Board, and may be reported through other routine means of written agency communication such as U.S. Mail or electronic mail. A copy of the reported alleged violation shall be provided to the affected PEA.

   1. (a) A violation of conditions or Permit requirements enforced by a PEA shall follow enforcement procedures as prescribed by that PEA.

      1. 1. A PEA may request clarification or guidance from the Board regarding a condition or Permit requirement.
      2. 2. If such a request is made by a PEA, the Director shall provide guidance or clarification as soon as practicable, and within 21 days of receiving such request.

   2. (b) A violation of the conditions or Permit requirements enforced by the Board shall proceed as follows:

      1. 1. The alleged violation shall be reported to the Board in writing. The Board shall develop a form for submitting written alleged violations. The form for a written alleged violation shall be specified by the Board.
      2. 2. The Director may request additional information on the alleged violation.
      3. 3. The Director shall make a timely ruling on the alleged violation. The Director shall provide a copy of the draft ruling to the Person alleging the violation, and the Parties and Limited Participants in the proceeding where the Board granted the EFSB Consolidated Permit. The Director shall set a deadline for comment on the draft ruling, and consider such comments before issuing a final ruling.

      4. 4. The Director may take one or more of the following actions as part of their ruling on an alleged violation:

         1. a. Dismiss the alleged violation;
         2. b. Provide time to remedy the alleged violation;
         3. c. Subject the CEIF Project to a probationary period during which the Director may apply additional conditions to maintain compliance with conditions or Permit requirements; or
         4. d. Impose a reasonable penalty pursuant to M.G.L. c. 164, § 69H(4).

REGULATORY AUTHORITY

980 CMR 13.00: M.G.L. c. 164, §§ 69G, 69H, 69P, 69T, 69U, 69V; M.G.L. c. 25A, § 21; M.G.L. c. 40A, § 3.