Administration and Enforcement

(A) Scope. The following provisions shall cover the administration and enforcement of 105 CMR 480.000 in lieu of 105 CMR 400.000: The State Sanitary Code, Chapter I: General Provisions. (B) Inspection Authority. In order to properly carry out their respective responsibilities under 105 CMR 480.000 and to properly protect the health and well-being of the people of the Commonwealth, the Department, in the case of generators which are health care facilities licensed by the Department, and the Boards of Health and the Department, in the case of all other generators, or the authorized agent or representative of either, are authorized to enter, examine, or survey at any reasonable time such places as they consider necessary to carry out the provisions of 105 CMR 480.000. (C) Notices. If as a result of any inspection the Board of Health or the Department finds a violation of 105 CMR 480.000, the Board of Health or the Department shall issue a notice to the waste generator that sets forth the nature of the violation and warns said generator that a second such violation may result in legal action. However, the Board of Health and the Department shall have the authority to initiate proceedings to enforce 105 CMR 480.000 without prior notice in those circumstances in which the board of health or Department determines that there is an imminent risk to public health or safety. (D) Penalty. Any person who violates any provision of 105 CMR 480.000 other than 105 CMR 480.200 shall, upon conviction, be fined not less than $100 nor more than $500 per day of violation. The penalty for violation of any provision of 105 CMR 480.200 shall, upon conviction, be a fine of not more than $25,000 or up to two years in a house of correction. (E) Injunctions. The Department may seek to enjoin violations of 105 CMR 480.000 pursuant to M.G.L. c. 111, § 127A and to M.G.L. c. 214, § 3(12). Boards of Health may seek to enjoin such violations in accordance with applicable law, including M.G.L. c. 111, § 127A. (F) Variance. (1) The boards of health may vary the application of any provision of 105 CMR 480.000 with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice; provided that the decision of the board of health shall not conflict with the intent of any minimum standard established by 105 CMR 480.000. No such variance shall be effective until the Board of Health submits it to the Department and it has also been approved by the Department. If the Department fails to comment on the variance within 30 days of receipt, it shall be deemed to be approved. Any variance granted by a board of health shall be in writing. A copy of any such variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the Board of Health. (2) Any variance or other modification to any of the provisions of 105 CMR 480.000 that are authorized by a Board of Health shall be subject to such qualification, revocation, suspension, or expiration as the board of health expresses in its grant. A variance or other modification to the provisions of 105 CMR 480.000 may otherwise be revoked, modified, or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard. (G) Removal of Nuisance by Board of Health. Pursuant to the provisions of M.G.L. c. 111, §§ 122 through 125, a Board of Health may also act to abate any nuisance that is caused by a failure to comply with the provisions of 105 CMR 480.000 thereby endangering or materially impairing the health, safety and well-being of the public, and to charge the responsible person or persons with any and all expenses incurred. (H) Notice Concerning Violations by Registered Professionals. If the Department or Board of Health issues a notice pursuant to 105 CMR 480.600(C) or obtains a conviction and/or fine pursuant to 105 CMR 480.600(D) with respect to a registered professional, the Department or Board of Health shall notify the appropriate professional registration board.