Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.081 - Enforcement Provisions

Current through Register 1525, July 5, 2024
(1) Wherever 310
				CMR 19.000, or any approvals or orders issued pursuant thereto, requires that
				the owner and/or operator shall take action or refrain from taking action, the
				owner and operator shall be jointly and severally liable such that the
				Department may take action for any violations of 310 CMR 19.000 against the
				owner, the operator or both.
(2)
General
. No standard, requirement or condition
				established in 310 CMR 19.000 or provision of any permit, authorization,
				modification, determination, or other approval or order or other enforcement
				document issued pursuant to 310 CMR 19.000, shall be construed to limit any
				right of the Department to take enforcement action pursuant to any other
				authority. Any failure by any person whose activities are governed by M.G.L. c.
				111, § 150A and 310 CMR 19.000, to comply fully with the provisions
				thereunder or the terms and conditions of any order, permit, authorization,
				modification, determination, or other approval or order or other enforcement
				document issued pursuant to 310 CMR 19.000, or with the terms of a site
				assignment, shall constitute a violation of M.G.L. c. 111, § 150A and 310
				CMR 19.000. It shall also be a violation of 310 CMR 19.000 for any person to:
(a) Fail to submit a certification, log,
				application for a permit or permit modification, plan, report, third-party
				inspection report, or any other document within the time period specified in
				310 CMR 19.000 or in any approval, order, or permit issued by the
				Department;
(b) Provide or cause to
				be provided any false, inaccurate, incomplete or misleading information, in any
				certification, log, application for a permit or permit modification, plan,
				report, third-party inspection report, third-party inspector qualifications
				statement, or any other document which that person is required to submit to the
				Department pursuant to 310 CMR 19.000;
(c) Provide any false, inaccurate, incomplete
				or misleading information to a third-party inspector or influence a third-party
				inspector to provide any false, inaccurate, incomplete or misleading
				information in any certification, third-party inspection report or other
				submittal to the Department pursuant to 310 CMR 19.000;
(d) Alter or misrepresent the findings or
				recommendations made by a third-party inspector in a third-party inspection
				report submitted to the Department pursuant to
				310 CMR
				19.018;
(e) Hold himself or herself out as a
				responsible official when he or she is not fully authorized to bind the entity
				he or she claims to bind;
(f) Fail
				to comply fully with the applicable standards, requirements or conditions
				established in 310 CMR 19.000 or with the provisions of any permit,
				authorization, modification, determination, or other approval or order issued,
				or with the terms and conditions of any certification submitted, pursuant to
				310 CMR 19.000;
(g) Act without
				submitting a certification in accordance with 310 CMR 19.000 or without a
				permit or other approval issued pursuant to 310 CMR 19.000 or site assignment
				where one is required; or
(h)
				Violate any other provision of 310 CMR 19.000.