980 CMR 13.11
Enforcement of EFSB Consolidated Permit Conditions and Requirements.
(1) Jurisdiction.
(a) The PEA shall enforce each condition and Permit requirement whose subject matter is
within their jurisdiction as if the EFSB Consolidated Permit had been directly granted by said
PEA. A Final Decision of the Board shall identify the applicable PEA for each condition.
(b) The Board shall enforce each condition or Permit requirement whose subject matter is
not within the jurisdiction of a PEA. A Final Decision of the Board shall identify which
conditions and requirements it shall enforce directly, rather than through a PEA.
(2) Enforcement Procedure. An alleged violation of conditions or other permitting
requirements may be reported through an accessible reporting portal, to be established by the
Board, and may be reported through other routine means of written agency communication such
as U.S. Mail or electronic mail. A copy of the reported alleged violation shall be provided to the
affected PEA.
(a) A violation of conditions or Permit requirements enforced by a PEA shall follow
enforcement procedures as prescribed by that PEA.
1. A PEA may request clarification or guidance from the Board regarding a condition
or Permit requirement.
2. If such a request is made by a PEA, the Director shall provide guidance or
clarification as soon as practicable, and within 21 days of receiving such request.
(b) A violation of the conditions or Permit requirements enforced by the Board shall
proceed as follows:
1. The alleged violation shall be reported to the Board in writing. The Board shall
develop a form for submitting written alleged violations. The form for a written alleged
violation shall be specified by the Board.
2. The Director may request additional information on the alleged violation.
3. The Director shall make a timely ruling on the alleged violation. The Director shall
provide a copy of the draft ruling to the Person alleging the violation, and the Parties and
Limited Participants in the proceeding where the Board granted the EFSB Consolidated
Permit. The Director shall set a deadline for comment on the draft ruling, and consider
such comments before issuing a final ruling.
4. The Director may take one or more of the following actions as part of their ruling on
an alleged violation:
a. Dismiss the alleged violation;
b. Provide time to remedy the alleged violation;
c. Subject the CEIF Project to a probationary period during which the Director may
apply additional conditions to maintain compliance with conditions or Permit
requirements; or
d. Impose a reasonable penalty pursuant to M.G.L. c. 164, § 69H(4).