Enforcement Orders

(1) When the conservation commission, the Department or the Office of Law Enforcement of the Executive Office of Energy and Environmental Affairs determines that an activity is in violation of M.G.L. c. 131, § 40, 310 CMR 10.00 or a Final Order, the conservation commission, Department or the Office of Law Enforcement may issue an Enforcement Order. Violations include: (a) failure to comply with a Final Order, Final Determination, Emergency Declaration, or Emergency Certification, such as failure to observe a particular condition or time period specified in the Order, Declaration, or Certification; (b) failure to complete work described in a Final Order or Final Determination, Emergency Declaration, or Emergency Certification when such failure causes damage to the interests identified in M.G.L. c. 131, § 40; (c) failure to obtain a valid Final Order or Extension Permit prior to conducting an Activity Subject to Regulation under M.G.L. c. 131, § 40 as defined in 310 CMR 10.02(2); (d) making any false, inaccurate, or misleading statements in any certification filed under 310 CMR 10.00, including any certification that the requirements of 310 CMR 10.02(2)(b)2. will be met. (e) failure to comply with any certification on project plans or eligibility under 310 CMR 10.02(2)(b)2. (f) leaving in place unauthorized fill or otherwise fail to restore illegally altered land to its original condition, or the continuation of any other activity in violation of M.G.L. c. 131, § 40. The conservation commission, its members and agents, and Department employees may enter upon privately owned land for the purpose of performing their duties under M.G.L. c. 131, § 40, subject to constitutional limitations. (2) A Final Order, Emergency Declaration, or Emergency Certification may be enforced by either the conservation commission or the Department regardless of which is the issuing authority. The members, officers, employees and agents of the conservation commission and the Department may enter upon privately owned land for the purpose of performing their duties under M.G.L. c. 131, § 40, and 310 CMR 10.00. (3) An Enforcement Order issued by a conservation commission shall be signed by a majority of the commission. In a situation requiring immediate action, an Enforcement Order may be signed by a single member or agent of the commission, if said Order is ratified by a majority of the members at the next scheduled meeting of the commission.