Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.05 - Definitions

Current through Register 1525, July 5, 2024
As used throughout
				310 CMR
				5.00, the following terms shall have the following
				meanings, unless the context clearly indicates otherwise.
Civil Administrative Penalty
and
Penalty
each mean a civil administrative penalty that
				the Department seeks to assess pursuant to M.G.L. c. 21A, § 16 and
				310 CMR
				5.00.
Department
means the Massachusetts
				Department of Environmental Protection.
Facility
means a site, works,
				installation, establishment, structure, equipment, or any other thing for
				activity that is regulated, or that is subject to being regulated, pursuant to
				any Requirement to which
				310 CMR
				5.00 apply.
License
and
Approva
l each mean any license, permit, certificate,
				registration, charter, authority, approval, or other form of permission
				required by law or by regulation or order of the Department.
Noncompliance
and
Failure
				to Comply
and
Violation
each mean any act
				or failure to act which constitutes or results in one or more of the
				following:
(a) engaging in any business or other activity without a
				license or approval whenever engaging in such business or activity requires
				such license or approval.
(b) engaging in any activity prohibited by, or not in
				compliance with, any Requirement.
(c) not fully doing, or not doing in timely fashion, anything
				required by any Requirement.
Notice of Intent to Assess a Civil Administrative
				Penalty
and
Penalty Assessment Notice
each mean a written notice that the Department is seeking to assess a Penalty
				pursuant to M.G.L. c. 21A, § 16 and
				310 CMR
				5.00.
Notice of Noncompliance
and
Noncompliance Notice
each mean a written notice given
				to a person by the Department and which says that said person has failed to
				comply on any specified occasion with any described Requirement(s).
Person
means any agency or political
				subdivision of the Commonwealth, any state, public or private corporation or
				authority, individual, trust, firm, joint stock company, partnership,
				association, or other entity, or any group thereof, or any officer, employee,
				or agent thereof. Without limiting the generality of the foregoing, the term
Person
shall also include:
(a) any city, town, district, or body politic of the
				Commonwealth, and
(b) any agency or authority of the Federal government whenever,
				as a matter of Federal law, that Federal agency or authority is required to
				comply with State law, and is subject to State-imposed penalties for
				noncompliance.
Requirement
means any regulation,
				order, license, or approval issued or adopted by the Department, or any law
				which the Department has the authority or responsibility to enforce.
Right-to-Know Requirements
means
				Requirements enforced by the Department governing disclosure of information
				regarding the use of toxic or hazardous substances in the workplace
				[
see
M.G.L. c. 111F, §§ 1 through 3 and 16 through
				19, and
				310 CMR 33.00] .
Same Requirement(s)
means
				Requirement(s) that require, or prohibit, the same action or activity.
Site
means the same or geographically
				contiguous property owned, operated, or controlled by the same person. A site
				may be divided by a public or private right-of-way. Non-contiguous properties
				owned by the same person but connected by a right-of-way which that person
				controls, and to which the public does not have access, are considered on-site
				property.