Enforcement, Violations, and Right of Entry

(1) The Department may take enforcement action pursuant to applicable law to enforce the provisions of 314 CMR 21.00 and any Watershed Permit issued thereunder. Such action may include, without limitation, the following: (a) Requiring a permittee to provide information, within a timeframe specified by the Department, to enable the Department to determine whether such permittee is subject to, in violation of, or has violated 314 CMR 21.00 or any Watershed Permit issued thereunder; (b) Revoking the Watershed Permit in accordance with 314 CMR 21.06; (c) Assessing civil administrative penalties pursuant to M.G.L. c. 21A, § 16, and M.G.L. c. 21, § 42; and (d) Taking any other actions authorized by these regulations or any other authority by which the Department may act. (2) Without limitation, it shall be a violation of 314 CMR 21.00 to: (a) Make any false, inaccurate, incomplete, or misleading statement in any submission required by 314 CMR 21.00 or a Watershed Permit; (b) Make any false, inaccurate, incomplete, or misleading statement in any record, report, plan, file, log, register, or other document which the permittee is required to keep under 314 CMR 21.00 or a Watershed Permit; (c) Fail to meet deadlines established by, or otherwise fail to comply with an implementation schedule established by 314 CMR 21.00 or a Watershed Permit; (d) Fail to conduct water quality monitoring in accordance with a permittee's monitoring plan; (e) Fail to report monitoring results as required by 314 CMR 21.05(2) and 314 CMR 21.10(8); (f) Fail to file a five-year report pursuant to 314 CMR 21.10(10); or (g) Fail to comply with any other term, requirement, or provision of 314 CMR 21.00, an approved Watershed Management Plan or other Department approval, or a Watershed Permit. (3) Without limitation, the owner, operator, or other person in charge of the permittee's property, facility, operation, or activity, upon presentation of proper identification, shall give the Department and its authorized representatives free and unrestricted access to conduct inspections to verify compliance or investigate suspected violations relative to 314 CMR 21.00, a Watershed Permit, or other Department approvals issued pursuant to 314 CMR 21.00, by: (a) entering the permittee's premises at all reasonable times to examine and copy any records pertaining to the implementation of pollutant reduction actions authorized by an approved Watershed Management Plan or Watershed Permit and any records that must be kept under the conditions of the Watershed Permit; (b) entering and examining the permittee's properties, facilities, equipment, operations or activities regulated or required under the approved Watershed Management Plan or Watershed Permit; or (c) sampling or monitoring at reasonable times for the purpose of determining compliance with the terms and conditions of the approved Watershed Management Plan and Watershed Permit.