Enforcement by Approving Authorities

(1) The provisions of 310 CMR 15.000 shall be implemented and enforced by the Approving Authority with oversight and assistance by the Department as necessary or as set forth in 310 CMR 15.000. (2) Local Approving Authorities may enforce the provisions of 310 CMR 15.000 in the same manner in which local health rules and regulations are enforced. (3) The Department may enforce the provisions of 310 CMR 15.000 under applicable provisions of M.G.L. c. 21, §§ 26 through 53; M.G.L. c. 21A, §§ 13, 13A and 16 and any other applicable law. In addition, the Department may require any person to provide information as the Department may reasonably require to determine whether that person is subject to or in violation of M.G.L. c. 21A, §§ 13, 13A and 16, 310 CMR 15.000, and/or M.G.L. c. 21, §§ 26 through 53 and the Department regulations promulgated thereunder. (4) The local Approving Authority or the Department may document the noncompliance of an owner or operator of a system through the issuance of a notice of noncompliance which requests the recipient to perform actions necessary to come into compliance with 310 CMR 15.000. Such letter is not an order and is not appealable pursuant to 310 CMR 15.420 through 15.422. (5) Whenever a Local Approving Authority fails to enforce 310 CMR 15.000 within a reasonable time, the Department may act to affect compliance with 310 CMR 15.000. Nothing in 310 CMR 15.025 shall be construed to limit the authority of the Department to take any action pursuant to M.G.L. c. 21 or other applicable law.