A. 
Variances may be granted only as follows: The Board of Health may vary the application of any of these regulations (except where expressly forbidden elsewhere in these regulations) with respect to any particular case when, in its opinion:
(1) 
The enforcement thereof would do manifest injustice.
(2) 
The applicant has proved that the same degree of environmental protection required under these regulations can be achieved without strict application of the particular provision.
B. 
Every request for a variance shall be made in writing and shall state the specific variance and the reasons therefor.
C. 
Any variance granted by the Board of Health shall be in writing.
D. 
Any denial of a variance shall also be in writing and shall contain a brief statement of the reason for the denial.
E. 
A copy of each variance shall be conspicuously posted for 30 days following its issuance and shall be available to the public at all reasonable hours in the office of the Town Clerk or office of the Board of Health while it is in effect.
Any variance or other modification authorized to be made by these regulations may be subject to such qualification, revocation, suspension or expiration as the Board of Health expresses in its grant. A variance or other modification authorized to be made by these regulations may otherwise be revoked, modified or suspended, in whole or part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard, in conformity with the requirements of 310 CMR 11.00 (Title 1) for orders and hearings.
The provisions of Title 1 of the Environmental Code (310 CMR 11.00) shall govern the enforcement of these regulations as supplemented by the following regulations.
A. 
If an examination as provided for in Title 1 (310 CMR 11.00) reveals failure to comply with the provisions of these regulations, the Board of Health shall order the persons responsible to comply with the violated provision.
B. 
Every order authorized by these regulations shall be in writing. Orders issued under the provisions of 310 CMR 11.00 shall be served on all persons responsible for the violated regulations. All orders shall be served on the designated person:
(1) 
Personally, by any person authorized to serve civil process;
(2) 
By any person authorized to serve civil process by leaving a copy of the order at his last place of abode;
(3) 
By sending him a copy of the order by registered or certified mail return receipt requested, if he is within the commonwealth; or
(4) 
If his last and usual place of abode is unknown or outside the commonwealth, by posting a copy of the order in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the building or premises affected is situated.
Any person aggrieved by the final decision of the Board of Health may seek relief therefrom within 30 days in any court of competent jurisdiction, as provided by the laws of this commonwealth.
A. 
Any person who shall violate any provision of these regulations for which penalty is not otherwise provided in any of the General Laws or in any other provision of these regulations or Title 1 (310 CMR 11.00) shall upon conviction be fined as provided in MGL C. 111, § 31.
B. 
Any person who shall fail to comply with any order issued pursuant to the provisions of these regulations shall, upon conviction, be fined as provided in MGL C. 111, § 31. Each day's failure to comply with an order shall constitute a separate violation.
So far as the Board of Health may provide, each section of these rules and regulations shall be construed as separate and if any section, item, sentence, clause or phrase shall be held invalid for any reason, the remainder of these rules and regulations shall continue in full force and effect.