§ 198-8. Enforcement; violations and penalties.

A. 

The Franklin Board of Health shall have the powers and responsibilities for enforcement of this chapter.

B. 

Failure of an institution to comply with one or more of the provisions of this chapter shall subject the violator to the following:

(1) 

A fine of $500 per day. Each day's failure to comply shall constitute a separate and distinct offense.

(2) 

All costs and/or damages incurred against the land and costs incurred by the Town to mitigate and/or remedy conditions, including spills, resulting from the permittee's actions or from actions occurring on the permittee's site. Any such costs incurred by the Town shall constitute a debt due to the Town upon the completion of the mitigation and/or remedial work and the rendering of an account thereof to the owner of the land, his authorized agent or the occupant, and shall be recoverable from such owner or occupant in an action on contract. The provisions of MGL c. 139, § 3A, Paragraph 2, relative to liens for debt, and the collection of the claims for such debt, shall apply to any debt referred to in this section, except that the Board of Health shall act hereunder in place of the Mayor or Selectmen.

(3) 

An enforcement order which may include without limitation a cease and desist order, provided that such order provides notice of an opportunity for a hearing with the Board of Health within seven business days of receipt of the order.

C. 

Once a permit has been issued it may be revoked only after three days' advance written notice, a hearing and determination by the Board of Health that the institution involved has materially failed to comply with these regulations, the permit conditions or the NIH guidelines, including but not limited to a failure to report a release as required in § 198-4C of this chapter.