Maximum Permissible Penalty

Subject to the provisions of 310 CMR 5.23 and 5.24, for each noncompliance, the Penalty assessed shall not exceed the amounts set forth in 310 CMR 5.22(1) or (2): (1) $25,000 for each of the following: (a) each release, discharge, or disposal of material into the environment without the approval of the Department, or in a manner not approved by the Department, whenever such release, discharge, or disposal requires the approval of the Department. (b) engaging in any business or activity without a license or other approval from the Department whenever engaging in such business or activity requires such license or approval by the Department. (c) failure to promptly report to the Department each unauthorized disposal of hazardous waste, as defined by M.G.L. c. 21C. (d) failure to promptly report to the Department each unauthorized release or discharge of hazardous materials into the environment, as defined by M.G.L. c. 21E. (e) failure to comply that is part of a pattern of noncompliance and not an isolated instance. (f) knowingly making, or causing any person to make, any false, inaccurate, incomplete or misleading statement in any document submitted to or required to be kept by the department. (g) failure to comply with or otherwise violate M.G.L. c. 21E or any regulation adopted thereunder. (2) $250.00 for each failure to comply with Right-to-Know Requirements. (3) $1,000.00 for each noncompliance which is not described in 310 CMR 5.22(1) or (2). (4) Notwithstanding the foregoing, the maximum permissible penalty amount may exceed the economic benefit realized by a person for noncompliance.