Section 2.32 - Calculating Duration of Noncompliance for Purposes of a Penalty Assessment Notice(1) When the Authority issues a Penalty Assessment Notice to a Person within two years after it issued the Person a Notice of Noncompliance, and the Person failed to comply with Requirements set forth in the Notice of Noncompliance by the date specified therein, a penalty may be assessed for each Violation cited in the Notice of Noncompliance that occurred within two years prior to the issuance of the Notice of Noncompliance and for each violation of the same Requirement occurring thereafter. No penalty may be assessed for Violations cited in a Notice of Noncompliance where the Person to whom the Notice of Noncompliance was issued complied with the Requirements set forth in the Notice of Noncompliance by the date specified, submitted any reports required by the Notice of Noncompliance by the dates set forth, and completed the measure(s) by the date set forth in the reports.
(2) When the Authority issues a Penalty Assessment Notice to a Person to whom it had not issued a Notice of Noncompliance, or to whom it issued a Notice of Noncompliance more than two years prior to the issuance of the Penalty Assessment Notice, a penalty may not be assessed for any Violation by the Person of which the Authority had knowledge more than two years prior to the Penalty Assessment Notice.Amended by Mass Register Issue 1399, eff. 9/6/2019.