reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.07 - Computation of Time

Current through Register 1525, July 5, 2024
Unless otherwise specifically provided by statute,
				310 CMR
				5.00, or any determination issued pursuant to
				310 CMR
				5.00, any time period prescribed or referred to in
				310 CMR
				5.00 or in any determination issued pursuant to
				310 CMR
				5.00 shall begin with the first day following the act
				which initiates the running of the time period, and shall include every
				calendar day, including the last day of the time period so computed. If the
				last day is a Saturday, Sunday, legal holiday, or any other day in which the
				Department's offices are closed, the deadline shall run until the end of the
				next business day. If the time period prescribed or referred to is six days or
				less, only days when the offices of the Department are open shall be included
				in the computation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.08 - Issuance of Notices

Current through Register 1525, July 5, 2024
Each notice given by the Department to a person pursuant to
				M.G.L. c. 21A, § 16 and
				310 CMR
				5.00 shall be deemed to be issued by the Department as
				follows:
(1) If served in hand, the
			 notice shall be deemed to be issued on the date when delivered:
(a) personally to the person, or
(b) personally to any officer, employee, or
			 agent of the person authorized by appointment of the person or by law to accept
			 service, or
(c) at the person's
			 last known address in the Commonwealth, or
(d) at the last known address of any officer,
			 employee, or agent of the person authorized by appointment of the person or by
			 law to accept service.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.09 - Receipt of Notices

Current through Register 1525, July 5, 2024
Each notice given by the Department to a person pursuant to
				M.G.L. c. 21A, § 16 and
				310 CMR
				5.00 shall be deemed to be received by said person as
				follows:
(1) If served in hand, the
			 notice shall be deemed to be received when delivered:
(a) personally to the person, or
(b) personally to any officer, employee, or
			 agent of the person authorized by appointment of the person or by law to accept
			 service, or
(c) at the person's
			 last known address in the Commonwealth, or
(d) at the last known address of any officer,
			 employee, or agent of the person authorized by appointment of the person or by
			 law to accept service.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.10 - Preconditions for Assessment of a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
A Penalty may be assessed only for a failure to comply
				that:
(1) meets the criteria set forth
			 in
			 310
			 CMR 5.11, and
(2) was any of the following:
(a) the subject of a previous Noncompliance
			 Notice, as set forth in
			 310 CMR
			 5.12.
(b) part of a pattern of noncompliance, as
			 set forth in
			 310 CMR
			 5.13.
(c) willful and not the result of error, as
			 set forth in
			 310 CMR
			 5.14.
(d) a failure to comply that resulted in
			 significant impact on public health, safety, or welfare, or the environment, as
			 set forth in
			 310
			 CMR 5.15.
(e) a failure to comply that consisted of
			 failure to promptly report to the Department any unauthorized disposal of
			 hazardous waste or any unauthorized release or discharge of oil or hazardous
			 material into the environment, as set forth in
			 310
			 CMR 5.16.
(f) a failure to comply that consisted of a
			 failure to maintain a permanent solution or a remedy operation status pursuant
			 to M.G.L. c. 21E and 310 CMR 40.0000 and as set forth in
			 310
			 CMR 5.17.
(g) a failure to comply with the terms of an
			 activity and use limitation pursuant to M.G.L. c. 21E, § 6 and 310 CMR
			 40.0000 and as set forth in
			 310
			 CMR 5.18.
(h) a failure to comply that consisted of
			 knowingly making, or causing any person to make, a false, inaccurate,
			 incomplete or misleading statement in a document submitted to or required to be
			 kept by the department as set forth in
			 310
			 CMR 5.19
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.11 - Noncompliance with a Law, Regulation, Order, License, or Approval

Current through Register 1525, July 5, 2024
A Penalty may be assessed only for a failure to comply
				that:
(1) at the time it occurred
			 constituted noncompliance with a Requirement:
(a) which was then in effect; and
(b) to which that person was then subject;
			 and
(c) to which
			 310 CMR
			 5.00 apply; and
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.12 - Notice of Noncompliance

Current through Register 1525, July 5, 2024
(1)
Criteria for Determining Whether Prior Issuance of a Notice of
			 Noncompliance Is Required for Assessment of a Civil Administrative
			 Penalty
. A Penalty may be assessed only if either:
(a) a Noncompliance Notice has been given to
			 that person as set forth in 310 CMR 5.12, or
(b) a Noncompliance Notice has not been given
			 to that person but the failure to comply was as set forth in
			 310
			 CMR 5.10(2)(b), (c), (d), (e), (f), (g), or
			 (h).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.13 - Pattern of Noncompliance

Current through Register 1525, July 5, 2024
(1)
Criteria to be Considered in Determining Whether Instances of
			 Noncompliance Constitute a Pattern of Noncompliance for which a Civil
			 Administrative Penalty May Be Assessed
. A Penalty may be assessed
			 without the prior issuance of a Noncompliance Notice if the criteria set forth
			 in
			 310
			 CMR 5.11 are met and the violation thus being
			 penalized is not an isolated instance but part of a pattern of noncompliance.
			 In determining whether the violation to be thus penalized is not an isolated
			 instance but part of a pattern of noncompliance, the Department shall consider,
			 but shall not be limited to considering, the following criteria:
(a) Whether the person who would be assessed
			 the Penalty was given by the Department, on at least one previous occasion
			 during the five-year period prior to the date of the Penalty Assessment Notice,
			 a Noncompliance Notice asserting violation(s) of the Same Requirement(s) as the
			 Requirement(s) for violation of which the person would be assessed the Penalty.
			 Solely for purposes of implementing 310 CMR 5.13(1)(a), violations occurring
			 prior to September 18, 1985 shall not be considered.
(b) Whether the person who would be assessed
			 the Penalty was given by the Department, on at least two previous occasions
			 during the four-year period prior to the date of the Penalty Assessment Notice,
			 a Noncompliance Notice asserting violation(s) of Requirement(s) different from
			 the Requirement(s) for violation of which the person would be assessed the
			 Penalty. Solely for purposes of implementing 310 CMR 5.13(1)(b), violations
			 occurring prior to June 26, 1986 shall not be considered.
(c) Whether the violation for which the
			 person would be assessed the Penalty and the other violation(s) described in
			 the prior Noncompliance Notice(s) occurred at the same facility.
(d) Whether the violation for which the
			 person would be assessed the Penalty and the other violation(s) described in
			 the prior Noncompliance Notice(s), considered together, indicate:
1. a potential threat to public health,
			 safety, or welfare, or the environment; or
2. an interference with the Department's
			 ability to efficiently and effectively administer its programs; or
3. an interference with the Department's
			 ability to efficiently and effectively enforce any Requirement to which
			 310 CMR
			 5.00 apply.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.14 - Willful Noncompliance

Current through Register 1525, July 5, 2024
A Penalty may be assessed without the prior issuance of a
				Noncompliance Notice if the criteria set forth in
				310
				CMR 5.11 are met and the violation thus being
				penalized was willful and not the result of error.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.15 - Noncompliance Resulting in Significant Impact on Public Health, Safety, or Welfare, or the Environment

Current through Register 1525, July 5, 2024
A Penalty may be assessed without the prior issuance of a
				Noncompliance Notice if the criteria set forth in
				310
				CMR 5.11 are met and the violation thus being
				penalized resulted in significant impact on public health, safety, or welfare,
				or the environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.16 - Noncompliance Consisting of Failure to Promptly Report Any Unauthorized Disposal of Hazardous Waste or Unauthorized Release or Discharge of Oil or Hazardous Material Into the Environment

Current through Register 1525, July 5, 2024
A Penalty may be assessed without the prior issuance of a
				Noncompliance Notice if the criteria set forth in
				310
				CMR 5.11 are met and the violation thus being
				penalized consisted of failure to promptly report to the Department:
(1) any unauthorized disposal of hazardous
			 waste, as is defined by M.G.L. c. 21C, or
(2) any unauthorized release or discharge of
			 oil or hazardous material into the environment, as are defined by M.G.L. c.
			 21E.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.17 - Noncompliance Consisting of Failure to Maintain a Permanent Solution or Remedy Operation Status

Current through Register 1525, July 5, 2024
A Penalty may be assessed without the prior issuance of a
				Noncompliance Notice if the criteria set forth in
				310
				CMR 5.11 are met and the violation thus being
				penalized consisted of a failure to maintain a permanent solution or remedy
				operation status, as are defined by M.G.L. c. 21E and 310 CMR 40.0000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.18 - Noncompliance Consisting of Failure to Comply with Terms of Activity and Use Limitation

Current through Register 1525, July 5, 2024
A Penalty may be assessed without the prior issuance of a
				Noncompliance Notice if the criteria set forth in
				310
				CMR 5.11 are met and the violation thus being
				penalized consisted of a failure to comply with the terms of an activity and
				use limitation, as is defined by M.G.L c. 21E and 310 CMR 40.0000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.19 - Noncompliance Consisting of Knowingly Making, or Causing any Person to Make, a False, Inaccurate, Incomplete or Misleading Statement In Document

Current through Register 1525, July 5, 2024
A Penalty may be assessed without the prior issuance of a
				Noncompliance Notice if the criteria set forth in
				310
				CMR 5.11 are met and the violation thus being
				penalized consisted of knowingly making, or causing any person to make, a
				false, inaccurate, incomplete or misleading statement in a document submitted
				to or required to be kept by the department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.20 - Determining the Money Amount of a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
The money amount of each Penalty assessed shall be determined
				in accordance with the criteria set forth in 310 CMR 5.20 through
				5.29.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.22 - Maximum Permissible Penalty

Current through Register 1525, July 5, 2024
Subject to the provisions of
				310 CMR
				5.23 and
				5.24,
				for each noncompliance, the Penalty assessed shall not exceed the amounts set
				forth below:
(1) $25,000 for each of
			 the following:
(a) each release, discharge,
			 or disposal of material into the environment without the approval of the
			 Department, or in a manner not approved by the Department, whenever such
			 release, discharge, or disposal requires the approval of the
			 Department.
(b) engaging in any
			 business or activity without a license or other approval from the Department
			 whenever engaging in such business or activity requires such license or
			 approval by the Department.
(c)
			 failure to promptly report to the Department each unauthorized disposal of
			 hazardous waste, as defined by M.G.L. c. 21C.
(d) failure to promptly report to the
			 Department each unauthorized release or discharge of hazardous materials into
			 the environment, as defined by M.G.L. c. 21E.
(e) failure to comply that is part of a
			 pattern of noncompliance and not an isolated instance.
(f) knowingly making, or causing any person
			 to make, any false, inaccurate, incomplete or misleading statement in any
			 document submitted to or required to be kept by the department.
(g) failure to comply with or otherwise
			 violate M.G.L. c. 21E or any regulation adopted thereunder.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.23 - Penalizing Continued and/or Repeated Noncompliance

Current through Register 1525, July 5, 2024
Subject to the provisions of
				310
				CMR 5.24, each day during which each
				noncompliance occurs or continues shall constitute a separate offense and shall
				be subject to a separate Penalty.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.24 - Calculating the Duration of Continued and/or Repeated Noncompliance

Current through Register 1525, July 5, 2024
The number of days which shall constitute a separate offense
				and shall be subject to a separate Penalty shall be calculated as in 310 CMR
				5.24(1) through (3). If noncompliance occurs or continues during any part of a
				day, that day shall be included in the calculation.
(1)
When a Noncompliance Notice
			 Has Previously Been Given
. If the Penalty would be assessed in
			 accordance with
			 310 CMR 5.12(1)(a)
			  the Department may assess a Penalty for
(a) each day during which noncompliance
			 occurred or continued,
1. commencing with the
			 day on which the Noncompliance Notice was received by the person on whom the
			 Penalty would be assessed, [
see
310 CMR 5.09
			 ], and
2. ending on the date of the
			 Penalty Assessment Notice, and
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.25 - Factors to be Applied in Determining the Money Amount of a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
In determining the amount of each Penalty, the Department shall
				consider each of the following:
(1)
			 The actual and potential impact on public health, safety, and welfare, and the
			 environment, of the failure(s) to comply that would be penalized.
(2) The actual and potential damages
			 suffered, and actual or potential costs incurred, by the Commonwealth, or by
			 any other person, as a result of the failure(s) to comply that would be
			 penalized.
(3) Whether the person
			 who would be assessed the Penalty took steps to prevent the failure(s) to
			 comply that would be penalized.
(4)
			 Whether the person who would be assessed the Penalty took steps to promptly
			 come into compliance after the occurrence of the failure(s) to comply that
			 would be penalized.
(5) Whether the
			 person who would be assessed the Penalty took steps to remedy and mitigate
			 whatever harm might have been done as a result of the failure(s) to comply that
			 would be penalized.
(6) Whether the
			 person being assessed the Penalty has previously failed to comply with 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.
(7) Making compliance less
			 costly than the failure(s) to comply that would be penalized.
(8) Deterring future noncompliance by the
			 person who would be assessed the Penalty.
(9) Deterring future noncompliance by persons
			 other than the person who would be assessed the Penalty.
(10) The financial condition of the person
			 who would be assessed the Penalty.
(11) The public interest.
(12) Any other factor(s) that reasonably may
			 be considered in determining the amount of a Penalty, provided that said
			 factor(s) shall be set forth in the Penalty Assessment Notice.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.30 - Procedures for Assessment of a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
Each Penalty assessed shall be assessed in accordance with the
				procedures set forth in 310 CMR 5.30 through 5.39. For each noncompliance with
				Right-to-Know Requirements, each Penalty assessed shall be assessed in
				accordance with the procedures set forth in the Right-to-Know Requirements to
				the extent said procedures are more stringent than the procedures set forth in
				310 CMR 5.30 through 5.39.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.31 - Notice of Intent to Assess a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
Whenever the Department seeks to assess a Penalty, the
				Department shall issue to the person on whom the Penalty would be assessed a
				notice of intent to assess a civil administrative penalty, the content of which
				shall be as set forth in
				310
				CMR 5.32, and which shall be served as set
				forth in
				310
				CMR 5.33.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.32 - Content of Notice of Intent to Assess a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
Each Penalty Assessment Notice shall include all of the
				following:
(1) a concise statement of
			 the alleged act or omission for which such Penalty would be assessed.
(2) each law, regulation, order, license, or
			 approval which has not been complied with as a result of such alleged act or
			 omission.
(3) the money amount
			 which would be assessed as a Penalty for each alleged act or omission for which
			 the Penalty would be assessed, and a concise statement of the factors
			 considered by the Department in determining this amount.
(4) a statement that the person on whom the
			 Penalty would be assessed has a right to an adjudicatory hearing on such
			 assessment.
(5) a statement of the
			 requirements that must be complied with by the person on whom the Penalty would
			 be assessed in order for said person to avoid being deemed to have waived said
			 person's right to an adjudicatory hearing.
(6) a statement of how and by when the
			 Penalty must be paid if the person on whom the Penalty would be assessed waives
			 said person's right to an adjudicatory hearing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.33 - Service of Notice of Intent to Assess a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
Each Penalty Assessment Notice shall be served, by one or more
				of the following methods, on the person on whom the Department seeks to assess
				the Penalty:
(1) Service in hand at
			 the person's last known address in the Commonwealth or at the last known
			 address of any officer, employee, or agent of the person authorized by
			 appointment of the person or by law to accept service.
(2) Service in hand personally to the person,
			 or to any officer, employee, or agent of the person authorized by appointment
			 of the person or by law to accept service.
(3) By certified mail, return receipt
			 requested, addressed to the person's last known address in the Commonwealth, or
			 to the last known address of any officer, employee, or agent of the person
			 authorized by appointment of the person or by law to accept service.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.34 - Right to Adjudicatory Hearing

Current through Register 1525, July 5, 2024
Subject to the provisions of
				310 CMR
				5.35, whenever the Department seeks to assess
				a Penalty on any person, such person shall have the right to an adjudicatory
				hearing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.35 - Waiver of Right to Adjudicatory Hearing

Current through Register 1525, July 5, 2024
Whenever the Department seeks to assess a Penalty on any
				person, such person shall be deemed, effective 21 days after the date of
				issuance of the Penalty Assessment Notice, to have waived the right to an
				adjudicatory hearing unless, within 21 days of the date of issuance of the
				Penalty Assessment Notice [
see
310 CMR 5.08
				], such person files with the Department (i.e. the Department receives) a
				written statement that does either or both of the following, and does so
				subject to and in compliance with applicable provisions of
				310 CMR
				1.00:
Adjudicatory Proceedings
(1) denies the occurrence of the act(s) or
			 omission(s) alleged by the Department in the Penalty Assessment
			 Notice.
(2) asserts that the money
			 amount of the proposed Penalty is excessive.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.36 - Conducting the Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1) Every
			 adjudicatory hearing conducted pursuant to M.G.L. c. 21A, § 16 and
			 310 CMR
			 5.00 shall be conducted in accordance with all
			 applicable provisions of M.G.L. c. 30A and
			 310 CMR
			 1.00 (the Department's Rules for Adjudicatory
			 Proceedings), provided that to the extent such provisions are inconsistent with
			 M.G.L. c. 21A. § 16 and
			 310 CMR
			 5.00, the provisions of M.G.L. c. 21A, § 16 and
			 310 CMR
			 5.00 shall apply.
(2) The Department shall not be required to
			 prove the occurrence of the act(s) or omission(s) alleged by the Department in
			 the Penalty Assessment Notice and not denied in the statement filed pursuant to
			 310 CMR
			 5.35 (as may be amended in accordance with
			 310
			 CMR 1.01(6)(g)  ).
(3) If, in the statement filed pursuant to
			 310 CMR
			 5.35, the person who would be assessed the
			 Penalty denies the occurrence of the act(s) or omission(s) alleged by the
			 Department in the Penalty Assessment Notice, the Department shall, by a
			 preponderance of the evidence, prove the occurrence of the act(s) or
			 omission(s) denied in said statement.
(4) If the person assessed the Penalty files
			 the statement required pursuant to
			 310 CMR
			 5.35, the subsequent adjudicatory proceeding
			 shall be ended either by:
(a) a written
			 agreement, which shall take effect only upon written approval by the
			 Commissioner of the Department, or by
(b) a final decision, which shall take effect
			 only upon approval and signature by the Commissioner of the
			 Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.37 - Paying a Civil Administrative Penalty

Current through Register 1525, July 5, 2024
(1)
How Payment Shall Be Made.
Each Penalty shall be paid
			 by certified check, cashier's check, or money order payable to the order of the
			 Commonwealth of Massachusetts. No other form of payment shall be
			 accepted.
(2)
When
			 Payment Shall Be Made.
(a) Except
			 as provided in 310 CMR 5.37(2)(b), each Penalty shall be paid in full as
			 follows:
1. If the person assessed the
			 Penalty waives the right to an adjudicatory hearing pursuant to
			 310 CMR
			 5.35, the Penalty shall be due, and shall be
			 paid in full, when such waiver takes effect,
i.e.
no later
			 than 21 days after the date of issuance of the Penalty Assessment Notice,
			 [
see
310 CMR 5.08
			 ].
2. If the person assessed the
			 Penalty files the statement required pursuant to
			 310 CMR
			 5.35, and if the subsequent adjudicatory
			 proceeding is ended by a written agreement pursuant to
			 310 CMR
			 5.36(5)(a), the Penalty
			 shall be due, and shall be paid in full, no later than 21 days after the date
			 the Commissioner of the Department approves said agreement in
			 writing.
3. If the person assessed
			 the Penalty files the statement required pursuant to
			 310 CMR
			 5.35, and if the subsequent adjudicatory
			 proceeding is ended by a final decision approved and signed by the Commissioner
			 of the Department [
see
310 CMR
			 5.36(5)(b)  ], and if a
			 Penalty is assessed pursuant to said final decision, and if a civil action for
			 judicial review is not commenced, pursuant to M.G.L. c. 30A, within 30 days of
			 the date said final decision is approved and signed by the Commissioner of the
			 Department, the Penalty shall be due, and shall be paid in full, no later than
			 30 days after the date the Commissioner of the Department approves and signs
			 said final decision.
4. If the
			 person assessed the Penalty files the statement required pursuant to
			 310 CMR
			 5.35, and if the subsequent adjudicatory
			 proceeding is ended by a final decision approved and signed by the Commissioner
			 of the Department [
see
310 CMR
			 5.36(5)(b)  ], and if a
			 Penalty is assessed pursuant to said final decision, and if a civil action for
			 judicial review is commenced, pursuant to M.G.L. c. 30A, within 30 days of the
			 date said final decision is approved and signed by the Commissioner of the
			 Department, and if the Court upholds the assessment of the Penalty in whole or
			 in part, the Penalty shall be due, and shall be paid in full, no later than 21
			 days after the date of the Court's decision, or by such other deadline as the
			 Court may prescribe.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 6.00 - Ambient Air Quality Standards For The Commonwealth Of Massachusetts › Section 6.01 - Definitions

Current through Register 1525, July 5, 2024
Ambient Air
means that portion of the
				atmosphere, external to buildings, to which the general public has
				access.
Department
means the Department of
				Environmental Protection.
Equivalent Method
means a method of
				sampling and analyzing the ambient air for an air pollutant that has been
				designated as an equivalent method in accordance with 40 CFR Part 53; it does
				not include a method for which an equivalent method designation has been
				canceled in accordance with 40 CFR Part 53.11 or 53.16.
Reference Method
means a method of
				sampling and analyzing the ambient air for an air pollutant that is specified
				as a reference method in an appendix to 40 CFR Part 50, or a method that has
				been designated as a reference method in accordance with 40 CFR Part 53; it
				does not include a method for which a reference method designation has been
				cancelled in accordance with 40 CFR Part 53.11 or 53.16.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 6.00 - Ambient Air Quality Standards For The Commonwealth Of Massachusetts › Section 6.02 - Scope

Current through Register 1525, July 5, 2024
(1) Primary ambient air quality standards
			 define levels of air quality which the Department judges are necessary, with an
			 adequate margin of safety, to protect the public health. Secondary ambient air
			 quality standards define levels of air quality which the Department judges are
			 necessary to protect the public welfare from any known or anticipated adverse
			 effects of a pollutant. Such standards are subject to revision, and additional
			 primary and secondary standards may be promulgated as the Department deems
			 necessary to protect the public health and welfare.
(2) The promulgation of primary and secondary
			 ambient air quality standards shall not be considered in any manner to allow
			 significant deterioration of existing air quality in any portion of the
			 Commonwealth.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 6.00 - Ambient Air Quality Standards For The Commonwealth Of Massachusetts › Section 6.03 - Reference Conditions

Current through Register 1525, July 5, 2024
All measurements of air quality that are expressed as mass per
				unit volume
(e.g.,
micrograms per cubic meter) other than for
				particulate matter (PM2.5) standards contained in
				310 CMR 6.04(2)(b) and
				(c), and lead standards contained in
				310 CMR
				6.04(6), shall be corrected
				to a reference temperature of 25° C. and a reference pressure of 760
				millimeters of mercury (1,013.2 millibars). Measurements of
				PM2.5 for purposes of comparison to the standards
				contained in
				310 CMR 6.04(2)(b) and
				(c), and of lead for purposes of comparison
				to the standards contained in
				310 CMR 6.04(6)
				 shall be reported based on actual ambient
				air volume measured at the actual ambient temperature and pressure at the
				monitoring site during the measurement period.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 6.00 - Ambient Air Quality Standards For The Commonwealth Of Massachusetts › Section 6.04 - Standards

Current through Register 1525, July 5, 2024
(1)
Oxides of Sulfur (sulfur
			 dioxide).
(a)
Primary Ambient Air Quality Standards for Oxides of Sulfur (sulfur
			 dioxide)
.
1. The level of the
			 primary one hour ambient air quality standard for oxides of sulfur is 75 parts
			 per billion (ppb, which is 1 part in 1,000,000,000), measured in the ambient
			 air as sulfur dioxide (SO2).
2. The one hour primary standard is met at an
			 ambient air quality monitoring site when the three-year average of the annual
			 (99th percentile) of the daily maximum one hour
			 average concentrations is less than or equal to 75 ppb, as determined in
			 accordance with 40 CFR Part 50, Appendix T.
3. The level of the standard shall be
			 measured by a reference method based on 40 CFR Part 50, Appendix A or A-1 or by
			 a federal equivalent method (FEM) designated in accordance with 40 CFR Part
			 53.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.00 - Statutory Authority; Legend; Preamble; Definitions

Current through Register 1525, July 5, 2024
(1)
			 The following definitions in 310 CMR 7.00:
(a)
			 COMBUSTION EFFICIENCY (C.E.).
(b)
			 FUEL, including the definition of HAZARDOUS WASTE FUEL and USED OIL
			 FUEL.
(c) GENERATOR.
(d) HAZARDOUS WASTE.
(e) HAZARDOUS WASTE INCINERATOR.
(f) PRINCIPAL ORGANIC HAZARDOUS CONSTITUENT
			 (POHC).
(g) PRODUCTS OF INCOMPLETE
			 COMBUSTION (PICs).
(h) RECYCLABLE
			 MATERIAL.
(i) REGULATED RECYCLABLE
			 MATERIAL.
(j) SPACE HEATER,
			 including the definition of USED OIL FUEL FIRED SPACE HEATER.
(k) TOTAL HALOGENS.
(l) UNUSED WASTE OIL.
(m) USED OIL FUEL.
(n) USED WASTE OIL.
(o) WASTE.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.01 - General Regulations to Prevent Air Pollution

Current through Register 1525, July 5, 2024
(1) No person owning, leasing, or controlling
			 the operation of any air contamination source shall willfully, negligently, or
			 through failure to provide necessary equipment or to take necessary
			 precautions, permit any emission from said air contamination source or sources
			 of such quantities of air contaminants which will cause, by themselves or in
			 conjunction with other air contaminants, a condition of air
			 pollution.
(2)
(a)
Accurate Submittal to the
			 Department
No person shall make any false, inaccurate, incomplete,
			 or misleading statements in any application, record, report, plan, design,
			 statement or document which that person submits to the Department pursuant to
			 M.G.L. c. 111, §§ 142A through 142M, M.G.L. c. 111, § 150A, c.
			 21H, or 310 CMR 7.00.
(b)
Accurate and Complete Record Keeping
No person shall
			 make any false, inaccurate, incomplete or misleading statements in any record,
			 report, plan, file, log, or register which that person is required to keep
			 pursuant to M.G.L. c. 111, §§ 142A through 142M, M.G.L. c. 111,
			 § 150A, c. 21H, or 310 CMR 7.00. Such records shall be made available to
			 the Department for inspection upon request.
(c)
Certification
Any person providing information required to be submitted to the Department
			 pursuant to M.G.L. c. 111, §§ 142A through 142M, M.G.L. c. 111,
			 § 150A, c. 21H, or 310 CMR 7.00
et seq
. shall make the
			 following certification: "I certify that I have personally examined the
			 foregoing and am familiar with the information contained in this document and
			 all attachments and that, based on my inquiry of those individuals immediately
			 responsible for obtaining the information, I believe that the information is
			 true, accurate, and complete. I am aware that there are significant penalties
			 for submitting false information, including possible fines and
			 imprisonment."
(d)
Change in Ownership
. Any person owning, operating or
			 leasing a facility for which a notification or certification submitted to the
			 Department under these regulations is in effect, or a plan approval, emission
			 control plan, operating permit, certification, restricted emission status or
			 any other approval issued by the Department is in effect, who transfers
			 responsibility, coverage and liability, shall provide a written notification of
			 said action to the Department containing the specific date of the transfer of
			 responsibility, coverage, and liability between the current and new owner,
			 operator or lessor.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.02 - U Plan Approval and Emission Limitations

Current through Register 1525, July 5, 2024
(1)
Purpose and
			 Applicability
.
(a)
Purpose
. The purpose of 310 CMR 7.02 is to provide
			 procedures and standards for the issuance of approvals in the Commonwealth of
			 Massachusetts, and establish emission limitations and/or restrictions for a
			 facility or emission unit.
(b)
Plan Approvals to Construct, Substantially Reconstruct or
			 Alter
. Except as provided in 310 CMR 7.02(2), a plan approval is
			 required prior to any construction, substantial reconstruction, alteration, or
			 subsequent operation of a facility or emission unit that may emit air
			 contaminants to the ambient air.
(c)
Reserved
.
(d)
Determining Plan Approval
			 Applicability
. For the portion of the facility or emission unit
			 that is proposed to be constructed, substantially reconstructed or altered and
			 subsequently operated, the need for a plan approval is determined by comparing
			 the maximum design capacity of the proposed equipment for fuel utilization
			 facilities or the potential to emit to the plan approval thresholds in 310 CMR
			 7.02(4) and 310 CMR 7.02(5). For the air contaminant GHGs, the potential to
			 emit shall be determined based on tons per year CO2e,
			 and 310 CMR 7.02 shall be applicable to GHGs only if construction, substantial
			 reconstruction or alteration of a facility or emission unit results in an
			 increase in potential emissions equal to or greater than 75,000 tons per year
			 CO2e. If a plan approval is required due to potential
			 emissions of GHGs, a comprehensive plan approval shall be required pursuant to
			 310 CMR 7.02(5).
(e)
Department Participation
. In approving or denying an
			 application for plan approval, the Department shall limit its action to matters
			 that may cause or contribute to a condition of air pollution, including, as
			 applicable, consideration of the results of cumulative impact analyses
			 conducted pursuant to 310 CMR 7.02(14).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.03 - U Plan Approval Exemption

Current through Register 1525, July 5, 2024
(1)
General
.
(a) Any
			 person who constructs, substantially reconstructs or alters, and subsequently
			 operates an emission unit listed in 310 CMR 7.03(1)(a), may comply with the
			 specific requirements of 310 CMR 7.03(5) through (7) in
lieu
of filing either a Comprehensive Plan Application (CPA) required by
			 310
			 CMR 7.02(5)(a)  or a Limited
			 Plan Application (LPA) required by
			 310
			 CMR 7.02(4)(a), except as
			 provided in 310 CMR 7.03(2).
(b)
			 Under 310 CMR 7.03, VOC shall include Volatile Organic Compounds (VOC) and
			 Halogenated Organic Compounds (HOC) as defined in 310 CMR 7.00.
(c) Nothing in 310 CMR 7.03 relieves a person
			 who owns, operates, leases or controls a facility from having to comply with
			 other applicable requirements of 310 CMR 7.00 including, but not limited to,
			 applicable
			 310
			 CMR 7.18 and
			 7.19 Reasonably Available
			 Control Technology (RACT) requirements that come into effect after a person
			 constructs, substantially reconstructs or alters, or operates an emission unit
			 under 310 CMR 7.03.
(d)
1. Any person who constructs, substantially
			 reconstructs, or alters and subsequently operates an emission unit in
			 accordance with 310 CMR 7.03(8), (15), (16) or (19) shall limit the
			 facility-wide emission of any individual hazardous air pollutant (HAP) to less
			 than ten tons in each consecutive 12-month time period, and all combined HAPs
			 to less than 25 tons in each consecutive 12-month time period.
2. The limits specified in 310 CMR
			 7.03(1)(d)1. do not apply to an owner or operator subject to 310 CMR 7.00
Appendix C
:
Operating Permit and Compliance
			 Program
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.04 - U Fossil Fuel Utilization Facilities

Current through Register 1525, July 5, 2024
(1) (Reserved)
(2)
U Smoke Density
			 Indicator
.
(a) on or after June
			 1, 1990, no person shall cause, suffer, allow, or permit the burning of any
			 grade oil or solid fuel in any fuel utilization facility having an energy input
			 capacity rated by the Department equal to or greater than 40,000,000 Btu per
			 hour, unless such facility is equipped with a smoke density sensing instrument
			 and recorder which are properly maintained in an accurate operating condition,
			 operates continuously and is equipped with an audible alarm to signal the need
			 for combustion equipment adjustment or repair when the smoke density is equal
			 to or greater than No. 1 of the Chart. Such smoke density equipment shall be
			 available for inspection at reasonable times by a representative of the
			 Department. Such inspection may include the review of recording charts which
			 must be retained and made available for a period of one year from the date of
			 use.
(b) the Department may require
			 any fuel utilization facility, other than those specified under the provision
			 of 310 CMR 7.04(2)(a) to be equipped with smoke density sensing devices and
			 appurtenances if, in the opinion of the Department, such are deemed
			 necessary.
(c) On or after July 1,
			 2000 any person owning or operating a fuel utilization facility with an energy
			 input capacity equal to or greater than 10,000,000 Btu per hour but less than
			 40,000,000 Btu per hour is no longer required to install or maintain a smoke
			 density sensing instrument and recorder even if required in a previous plan
			 approval. Applicability is based on the size of an individual fuel utilization
			 emission unit.
(d) Notwithstanding
			 the requirements of 310 CMR 7.04(2)(a) and (c), a new or modified fuel
			 utilization facility may be required to install instrumentation to monitor
			 opacity should it be subject to New Source Performance Standards contained at
			 40 CFR Part 60 , Subparts D, Da, Db or Dc.
(3) Reserved)
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.07 - U Open Burning

Current through Register 1525, July 5, 2024
(1) No person shall
			 cause, suffer, allow or permit the open burning of any combustible
			 material.
(2)310 CMR 7.07(1) shall
			 not apply to:
(a) open burning for the purpose
			 of combating or backfiring an existing fire by persons affiliated with an
			 official fire fighting agency;
(b)
			 open burning conducted primarily for cooking purposes, or
(c) open burning related to the operation of
			 devices such as blowtorches and welding torches, for which no alternative
			 source of heat can be used, provided that such devices do not cause a condition
			 of air pollution.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.08 - U Incinerators

Current through Register 1525, July 5, 2024
(1)
General
.
(a) No
			 person shall cause, suffer, allow, or permit the construction or substantial
			 reconstruction or alteration of any incinerator for which:
1. the design for construction or substantial
			 reconstruction or alteration thereof, and
2. the Standard Operating Procedure have not
			 been approved by the Department in writing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.09 - U Dust, Odor, Construction, and Demolition

Current through Register 1525, July 5, 2024
(1) No person having control of any dust or
			 odor generating operations such as, but not limited to asphalt batching plants,
			 asphalt roofing materials manufacturing plants, asphalt blowing plants,
			 foundries, chemical products manufacturing plants, incinerators, fuel
			 utilization facilities, petroleum products manufacturing plants, aggregate
			 manufacturing plants, food preparation or processing facilities, wood products
			 plants, dry cleaning establishments, paint and varnish manufacturing plants,
			 paper manufacturing plants, leather manufacturing plants, concrete batching
			 plants, metal coating and treating plants, land clearing operations,
			 construction work, dump operations, agricultural operations and street sweeping
			 shall permit emissions therefrom which cause or contribute to a condition of
			 air pollution.
(2) No person
			 responsible for any construction or demolition of an industrial, commercial, or
			 institutional building or residential building with 20 or more dwelling units,
			 shall cause, suffer, allow, or permit emissions therefrom which cause or
			 contribute to a condition of air pollution. Said person shall notify the
			 Department in writing ten working days prior to the initiation of said
			 construction or demolition operation. The ten working day advance notice period
			 will be waived in the event of emergency demolition necessary to prevent a
			 public health or safety hazard.
(3)
			 No person responsible for an area where construction or demolition has taken
			 place shall cause, suffer, allow, or permit particulate emissions therefrom to
			 cause or contribute to a condition of air pollution by failure to seed, pave,
			 cover, wet, or otherwise treat said area to prevent excessive emissions of
			 particulate matter.
(4) No person
			 shall cause, suffer, allow, or permit the handling, transportation, or storage
			 of any material in a manner that results or may result in emissions therefrom
			 which cause or contribute to a condition of air pollution.
(5) No persons responsible for any
			 construction or demolition of a structure that contains friable asbestos
			 material shall fail to comply with 310 CMR 7.09(2) and
			 310 CMR
			 7.02. (National Emission Standards for
			 Hazardous Pollutants)
(6) No person
			 shall cause, suffer, allow, or permit the operation of mechanized street
			 sweeping equipment that is not equipped with a suitable dust collection or dust
			 suppression system which is maintained in good operating condition and is
			 operated continuously while the street sweeping equipment is in use to prevent
			 conditions of air pollution.
(7)310
			 CMR 7.09(1) through 7.09(4) and 7.09(6) are subject to the enforcement
			 provisions specified in
			 310 CMR
			 7.52.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.10 - U Noise

Current through Register 1525, July 5, 2024
(1) No person
			 owning, leasing, or controlling a source of sound shall willfully, negligently,
			 or through failure to provide necessary equipment, service, or maintenance or
			 to take necessary precautions cause, suffer, allow, or permit unnecessary
			 emissions from said source of sound that may cause noise.
(2)310 CMR 7.10(1) shall pertain to, but
			 shall not be limited to, prolonged unattended sounding of burglar alarms,
			 construction and demolition equipment which characteristically emit sound but
			 which may be fitted and accommodated with equipment such as enclosures to
			 suppress sound or may be operated in a manner so as to suppress sound,
			 suppressible and preventable industrial and commercial sources of sound, and
			 other man-made sounds that cause noise.
(3)310 CMR 7.10(1) shall not apply to sounds
			 emitted during and associated with:
(a)
			 parades, public gatherings, or sporting events, for which permits have been
			 issued provided that said parades, public gatherings, or sporting events in one
			 city or town do not cause noise in another city or town;
(b) emergency police, fire, and ambulance
			 vehicles;
(c) police, fire, and
			 civil and national defense activities;
(d) domestic equipment such as lawn mowers
			 and power saws between the hours of 7:00 A.M. and 9:00 P.M.