Penalty Assessment Notice

(1) To assess an administrative penalty, the Authority shall issue a Penalty Assessment Notice to the Person to be assessed the penalty. Each penalty shall be based on a Violation that occurred on or after May 1, 1987, and, at the time it occurred, constituted noncompliance with a Requirement: (a) Which was then in effect; (b) To which that Person was then subject; and (c) To which Authority regulations apply. (2) A Penalty Assessment Notice shall: (a) Contain a concise statement of the Violation and date of Violation for each penalty to be assessed; (b) State the money amount to be assessed as a penalty for each Violation and the factors considered by the Authority in determining this amount; (c) State that the Person to be assessed the penalty has a right to a hearing on such assessment according to 360 CMR 1.00 and 2.00; (d) Identify the appeal procedure to be complied with by the Person to be assessed the Penalty in order for the Person to avoid waiving its right to a hearing under 360 CMR 1.00 and 2.00; and (e) Identify the method and deadline for payment of the penalty if the Person to be assessed the penalty waives his right to a hearing. (3) The issuance of a Notice of Noncompliance, Order, Ruling, Permit, or other document is not a prerequisite for the issuance of a Penalty Assessment Notice. A penalty may be assessed: to compensate the Authority or others for damages suffered or costs incurred as a result of each violation; for any actual or potential impact of the violation on the public health, safety, and welfare and the environment; to help assure that the violator did not have an economic gain from its noncompliance, as a deterrent to future violations by the Person subject to the penalty and by others; for intentional violations; and/or as part of a process of escalating enforcement to gain compliance.