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(A) Violations of these Sections specifically include, but are not limited to:
(1) The failure to register in accordance with these Sections;
(2) The failure to maintain a complete emergency data and response plan in accordance with these Sections;
(3) The failure to post a guide in accordance with these Sections;
(4) The failure to comply with any other requirement of these Sections; and
(5) The interference with an inspection.
(B) The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to seek an injunction from a court of competent jurisdiction directing the owner-operator to comply with the requirements of these Sections.
(C) Each and every violation of this Section shall be punishable by a fine of not less than $50 and not more than $300 and these fines shall supplement any other fines promulgated in the General Laws of the commonwealth, the Code of Massachusetts Regulations and this code. Each and every day that a violation remains shall constitute a separate violation.
(D) The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce these Sections.
(E) The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to delegate enforcement of these Sections to any City Department authorized to enforce public safety, public health or environmental rules, regulations, ordinances and/or statutes.
(F) Nothing in these Sections shall prohibit the Commissioner or the Commissioner of the Inspectional Services Department from issuing written warnings to an owner-operator or any other person or entity. For the purposes of this Section, the Commissioner and the Commissioner of Inspectional Services Department may not issue more than two warnings for the same violation in a laboratory and/or laboratory facility to any owner-operator, person or entity.
(G) The Commissioner and the Commissioner of Inspectional Services Department may commence an action in the Courts of the commonwealth for violations that remain uncorrected for more than 30 calendar days and for fines that remain unpaid for more than 60 calendar days.
(CBC 1985 11-5C.9; Ord. 2006 c. 4)
The Commissioner shall appoint 12 people to a Technical Advisory Committee (“TAC”) that shall be composed of six representatives of the research laboratory community and six public officials. The TAC shall meet at least twice annually to promote the understanding of hazards and mitigation measures in the laboratory environment, to exchange best practices in laboratory operations, to promote consistent application of the requirements of these Sections and to devise the parameters and execution of the programmatic inspections anticipated by these Sections.
(CBC 1985 11-5C.10; Ord. 2006 c. 4)
The Commissioner and the Commissioner of the Inspectional Services Department shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections and shall consult with the Technical Advisory Committee appointed pursuant to these Sections.
(CBC 1985 11-5C.11; Ord. 2006 c. 4)
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