Notice of Noncompliance

(1) A Notice of Noncompliance shall identify each Requirement the Authority asserts was violated by the Person to whom the Notice of Noncompliance is issued, the occasion(s) that each Requirement was violated, and shall require the Person to whom the Notice of Noncompliance is issued to: (a) comply by a date certain with the Requirement(s) identified in the Notice of Noncompliance and/or with 360 CMR 10.021 through 10.025; and/or (b) submit to the Authority by a date certain a written report describing the measures the Person will take to achieve compliance with the Requirements identified in the Notice of Noncompliance, and the date by which such measures will be taken. (2) A Notice of Noncompliance shall notify the Person of its right to request reconsideration of the Notice of Noncompliance. (3) A Person who seeks a later compliance date than the compliance date required by a Notice of Noncompliance shall have the burden to establish: (a) that the Person has not had a reasonable time in which to comply since the Requirement became applicable to the Person; (b) the existence of a substantial non-monetary impediment that prevents the Person from meeting the compliance date; (c) that the Person cannot reasonably and feasibly cease discharging to the sewer until it achieves compliance; (d) a schedule for achieving compliance within a reasonable time and that it can remain in compliance after a date certain; (e) specific interim measures the Person will take to minimize the instances and severity of the noncompliance until it achieves compliance within a reasonable time; and (f) that the Person's discharge does not have a potential to violate 360 CMR 10.021 or otherwise have an adverse impact on the Authority or on any tributary to the Authority sewer system. (4) The purpose of a Notice of Noncompliance is to provide a formal notice of one or more violations and to set a compliance date or require the submission of a compliance schedule. A Notice of Noncompliance shall not be construed as an authorization or approval to violate any Authority regulation or requirement prior to achieving compliance.