Enforcement, Violations, and Right of Entry

(1) The Department may take enforcement action pursuant to applicable law to enforce the provisions of M.G.L. c. 21, § 43A, and 314 CMR 16.00. Such action may include, without limitation, the following: (a) Issuing such orders as necessary to aid in the implementation and enforcement of M.G.L. c. 21, § 43A, and 314 CMR 16.00, or to take any other action necessary to protect public health. Such orders may include, but shall not be limited to, orders requiring permittees or municipal boards of health or health departments to cease and desist any activity that is in violation of M.G.L. c. 21, § 43A or 314 CMR 16.00, or to carry out such activities necessary to bring such permittee, municipal board of health or health department into compliance; (b) Requiring a permittee or municipal board of health or health department to provide information, within a timeframe specified by the Department, to enable the Department to determine whether such permittee or municipal board of health or health department is subject to, in violation of, or has violated M.G.L. c. 21, § 43A or 314 CMR 16.00; (c) Assessing civil administrative penalties pursuant to M.G.L. c. 21A, § 16 and M.G.L. c. 21, § 42; or (d) Referring the suspected violation to the Attorney General or appropriate District Attorney for injunctive relief and/or civil or criminal enforcement. (2) It shall be a violation of M.G.L. c. 21, § 43A, and 314 CMR 16.00 to: (a) Fail to issue any public advisory notification to the permittee's website when required and in the format required, within the timeframes established by 314 CMR 16.04; (b) Fail to include all information required by 314 CMR 16.04(10) or a permittee's CSO Public Notification Plan in any issued public advisory notification; (c) Fail to provide public advisory notifications to all entities, including news organizations, as required by 314 CMR 16.04(4) or a permittee's CSO Public Notification Plan; (d) Fail to establish and maintain a public website as required by 314 CMR 16.05; (e) Fail to install and maintain signage as required by 314 CMR 16.05 or a permittee's CSO Public Notification Plan; (f) Fail to establish and implement a permittee's Public Notification Plan as approved by the Department and required by 314 CMR 16.06; (g) Fail to report any information required by the Department pursuant to 314 CMR 16.07; (h) Fail to provide any information required by the Department pursuant to 314 CMR 16.10(1)(b); (i) Fail to issue a public health warning or otherwise comply with the requirements of 314 CMR 16.09; or (j) fail to comply with any other term, requirement, or provision of 314 CMR 16.00, an approved CSO Public Notification Plan, or other Department approval. (3) Without limitation, the Department may conduct inspections to verify compliance with or investigate a suspected violation of M.G.L. c. 21, § 43A, 314 CMR 16.00, approved Public Notification Plans or other Department approvals, or administrative orders issued pursuant to M.G.L. c. 21, §§ 26 through 53, in the following manner: (a) The Department may examine any records pertaining to the operation of a sewer system or wastewater treatment facility, in accordance with M.G.L. c. 21, § 40. (b) The duly authorized agents and employees of the Department, at all reasonable times, may enter and examine any property, facility, operation or activity in accordance with M.G.L. c. 21, § 40. The owner, operator or other person in charge of the property, facility, operation or activity, upon presentation of proper identification, shall give such agents and employees free and unrestricted entry and access in accordance with M.G.L. c. 21, § 40.