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MassDEP staff explain Notices of Noncompliance practice after contractors ask for lower‑level advisory option
Summary
During a MassDEP Bureau of Waste Site Cleanup coffee hour, consultants asked whether the department could offer an official but lower‑level communication than a Notice of Noncompliance. MassDEP staff explained the agency's current posture and said they will consult the Office of Enforcement about alternatives.
Massachusetts Department of Environmental Protection staff said the agency currently treats Notices of Noncompliance (NONs) as a routine enforcement tool, and department officials will ask the Office of Enforcement whether a distinct, lower‑level official communication could be created. An attendee raised the possibility of a formal advisory or regulatory communication letter that would provide official input without carrying the perception of a noncompliance.
The question came during a bureau coffee‑hour session hosted by MassDEP staff. A MassDEP staff member who led the discussion said NONs are considered "lower level enforcement" but added that "NONs typically are not retracted," and stressed that open communication with regional staff is the best…
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