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Techno Bits/Technical Bulletins GENERAL - ARCHIVED Massachusetts DEP Proposes New Penalties The Massachusetts Department of Environmental Protection (MADEP) has issued draft revisions to 310 CMR 5.00, the Civil Administrative Penalty Regulations, for public comment that are proposed to take effect on April 14, 2000. The proposal sets forth additional preconditions for an Assessment of a Civil Administrative Penalty (ACAP) for an incident concerning an: 1) issue of a prior Noncompliance Notice, 2) pattern of noncompliance, 3) willful action, 4) failure to comply resulting in significant impact, 5) failure to promptly report to MADEP any unauthorized oil or hazardous material disposal, release, or discharge into the environment, 6) failure to maintain a Permanent Solution or Remedy Operation Status, and/or 7) failure to comply with the terms or an Activity and Use Limitation. Proposed ACAPs range from $250 - $25,000. For a full account of the proposal, visit the MADEP website at www.state.ma.us/dep/bwsc/files/310cmr5.htm.
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