Noncompliance Consisting of Failure to Maintain a Permanent Solution or Remedy Operation Status

A Penalty may be assessed without the prior issuance of a Noncompliance Notice if the criteria set forth in 310 CMR 5.11 are met and the violation thus being penalized consisted of a failure to maintain a permanent solution or remedy operation status, as are defined by M.G.L. c. 21E and 310 CMR 40.0000.