Enforcement

(1) Any Person who, without lawful authority, takes or diverts any Waters of the Watershed System or corrupts or defiles any such Waters or any source of such Waters or who violates and refuses to comply with any rule, regulation or order of DCR shall be subject to the fines set forth in M.G.L. c. 92A½, § 9. The provisions of 313 CMR 11.00 shall be enforced upon petition of the Commission or of any town or Person interested by the Supreme Judicial Court or Superior Court or any justice of either court as provided in M.G.L. c. 92A½, § 10. In addition, upon written request by the Division, DEP shall have the authority to enforce the provisions of St. 1992, c. 36 and 313 CMR 11.00 by all legally permitted enforcement mechanisms including, but not limited to: issuing notices of noncompliance; convening pre-enforcement conferences; issuing water supply orders pursuant to M.G.L. c. 111, § 160; and imposing administrative penalties pursuant to M.G.L. c. 21A, § 16 and 310 CMR 5.00: Administrative Penalty. Such written request by the Division to DEP may seek enforcement for a specified type of violation or area, for a designated group of cases or for an individual matter. (2) Any person determined by DCR to have acted negligently in requiring a search and rescue response by DCR may be required to make restitution for the cost of those services as determined by the Commissioner.