Preconditions for Assessment of a Civil Administrative Penalty

A Penalty may be assessed only for a failure to comply that: (1) meets the criteria set forth in 310 CMR 5.11, and (2) was any of the following: (a) the subject of a previous Noncompliance Notice, as set forth in 310 CMR 5.12. (b) part of a pattern of noncompliance, as set forth in 310 CMR 5.13. (c) willful and not the result of error, as set forth in 310 CMR 5.14. (d) a failure to comply that resulted in significant impact on public health, safety, or welfare, or the environment, as set forth in 310 CMR 5.15. (e) a failure to comply that consisted of failure to promptly report to the Department any unauthorized disposal of hazardous waste or any unauthorized release or discharge of oil or hazardous material into the environment, as set forth in 310 CMR 5.16. (f) a failure to comply that consisted of a failure to maintain a permanent solution or a remedy operation status pursuant to M.G.L. c. 21E and 310 CMR 40.0000 and as set forth in 310 CMR 5.17. (g) a failure to comply with the terms ofanactivityand use limitation pursuant to M.G.L. c. 21E, § 6 and 310 CMR 40.0000 and as set forth in 310 CMR 5.18. (h) a failure to comply that consisted of knowingly making, or causing any person to make, a false, inaccurate, incomplete or misleading statement in a document submitted to or required to be kept by the department as set forth in 310 CMR 5.19