Calculating the Duration of Continued and/or Repeated Noncompliance

The number of days which shall constitute a separate offense and shall be subject to a separate Penalty shall be calculated as in 310 CMR 5.24(1) through (3). If noncompliance occurs or continues during any part of a day, that day shall be included in the calculation. (1) When a Noncompliance Notice Has Previously Been Given. If the Penalty would be assessed in accordance with 310 CMR 5.12(1)(a) the Department may assess a Penalty for: (a) each day during which noncompliance occurred or continued, 1. commencing with the day on which the Noncompliance Notice was received by the person on whom the Penalty would be assessed [see 310 CMR 5.09], and 2. ending on the date of the Penalty Assessment Notice, and (b) each day calculated pursuant to 310 CMR 5.24(3). (2) When a Noncompliance Notice Has Not Previously Been Given. If the Penalty would be assessed in accordance with 310 CMR 5.13, 5.14, 5.15, 5.16, 5.17, 5.18 or 5.19, the Department may assess a Penalty for: (a) one day, and (b) each day calculated pursuant to 310 CMR 5.24(3). (3) After a Penalty Assessment Notice Has Been Issued. If, after receiving a Penalty Assessment Notice, the person who would be assessed the Penalty does not come into compliance with any Requirement(s) described in said Penalty Assessment Notice, and does not make reasonable efforts to come into compliance with said Requirement(s), the Department may, subject to the provisions of 310 CMR 5.36, assess a Penalty for each day during which such noncompliance occurs or continues, (a) commencing with the day on which the Penalty Assessment Notice was issued by the Department [see 310 CMR 5.08], and (b) ending on the earliest of the following days: 1. the day when the Person comes into compliance with said Requirement(s), or 2. the day when the adjudicatory proceeding on the Penalty Assessment Notice is ended [see 310 CMR 5.36(5)] after the filing of the statement described in 310 CMR 5.35.