Permit Action

(1) The Authority may revoke, suspend, modify, deny, or refuse to renew a Permit issued under 360 CMR 10.000: Sewer Use whenever, on the basis of available information, the Authority finds that the permittee: (a) Provided false or misleading information to the Authority, or failed to provide relevant information to the Authority, as part of the permitting process; (b) Intentionally falsified or misrepresented records, rendered inaccurate or tampered with any monitoring device or method used or required by the Authority, or manipulated sampling, inspecting, or other monitoring to hide actual or potential violations of any Requirement; (c) Has a history of noncompliance that has not abated after receiving a Notice of Noncompliance, Order, Penalty Assessment Notice, or a Permit with a compliance schedule from the Authority; (d) Has violated or failed to comply with a Notice of Noncompliance, Order, Ruling, or a Permit, issued by the Authority or a court after having a reasonable opportunity to comply; (e) Intentionally violated or failed to comply with a Notice of Noncompliance, Order, Ruling or a Permit issued by the Authority or a court; (f) Intentionally violated or failed to comply with a settlement agreement to which the Authority and the permittee are parties; (g) Does not have the ability to comply with an Authority Requirement within a reasonable period of time; (h) Has a discharge which can reasonably be expected to result in a significant harm to health, safety, the environment, the Authority Sewerage System, a tributary to the Authority Sewerage System, or to cause Interference or Pass Through; or (i) Has failed to pay a penalty or fee due the Authority after receiving notice to do so. (2) A Permit Action shall be initiated by a notice to the permittee that: (a) Identifies the basis for the Authority action and the facts and circumstances upon which the Authority relies; (b) Indicates whether such action is of limited, indefinite, or permanent duration; and (c) Informs the permittee of its right to request reconsideration of the Permit Action and that timely filing of such request will stay the Permit Action pending the resolution of such request. (3) A Permit Action may be taken to prevent further violations, as a means to help insure compliance, as part of a process of escalating enforcement to gain compliance, and/or as a deterrent to future Violations by the permittee subject to the Action.