Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 480.000 - Minimum Requirements For The Management Of Medical Or Biological Waste (state Sanitary Code Chapter Viii) › Section 480.600 - Administration and Enforcement

Current through Register 1525, July 5, 2024
(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.