The regulations in this Article
II are generally applicable to all Board of Health regulations set forth in Chapter
332, Sewage Disposal and Treatment, Articles
I, III and IV, Chapter
371, Toxic and Hazardous Materials, and Chapter
386, Article
I, Private Wells, of the Town Regulations and any other present or future regulations that the Board of Health may designate by resolution.
The owner/operator to whom any order has been served may request
a hearing before the Board of Health by filing with the Board, within
seven days after the day the order was served, a written petition
requesting a hearing on the matter. Upon receipt of such petition,
the Board shall set a time and place for such hearing and shall inform
the owner/operator thereof in writing. The hearing shall be commenced
not later than 30 days after the day on which the order was served.
The Board, upon application of the owner/operator, may postpone the
date of the hearing for a reasonable time beyond such thirty-day period
if in the judgment of the Board the owner/operator has submitted a
good and sufficient reason for such postponement. At the hearing,
the owner/operator shall be given an opportunity to be heard and to
show why the order should be modified or withdrawn. After the hearing,
the Board shall sustain, modify, or withdraw the order and shall inform
the owner in writing of its decision. If the Board sustains or modifies
the order, it shall be carried out within the time period allotted
in the original order or in the modification.
Any person aggrieved by a decision of the Health Agent may seek
relief therefrom within 30 days by appeal to the Board, which shall,
after the hearing, issue a final decision. Any person aggrieved by
the final decision of the Board may seek relief therefrom within 30
days in any court of competent jurisdiction, as provided by the laws
of the Commonwealth.
The Board of Health may vary any provision of any regulations adopted by the Board of Health with respect to any particular case when, in its opinion, 1) the enforcement thereof would do manifest injustice, and 2) the applicant has proved that the same degree of protection can be achieved without strict application of the particular provision. All variances shall be considered at a hearing by the Board of Health and shall further comply with Article
I, Variances, of this chapter.
Each regulation adopted by the Board of Health shall be construed
as separate to the end that if any regulation or sentence, clause,
or phrase thereof shall be held invalid for any reason, the remainder
of that regulation and all other regulations shall continue in full
force.
The regulations adopted by the Board of Health or any portion
thereof may be amended, supplemented or repealed from time to time
by the Board, with notice as provided by law, on its own motion or
by petition.
Issuance of a well, septic system or other permit under regulations
adopted by the Board of Health shall not be construed as a guarantee
by the Board or its agents that the water, septic or disposal system
permit will function satisfactorily nor that the water supply or disposal
will be of sufficient quality or quality for its intended use.