The provisions of the State Environmental Code
310 CMR 11.00 shall govern the enforcement of these regulations.
Each day's failure to comply with any provisions
of these regulations shall constitute a separate violation. Each numbered
or lettered section or subsection of these regulations violated shall
constitute a separate violation.
If any paragraph, section, clause, provision,
phrase or work of these regulations shall be adjudged not valid, the
adjudication shall apply only to the material so adjudged and the
remainder of these regulations shall be deemed to remain valid and
effective.
These regulations or any portions 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be amended, supplemented or repealed from time to time by the Board,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.
Any part of these regulations subsequently invalidated
or revised by a new state law, or regulation or modification of an
existing state law or regulation shall automatically be brought into
conformity with the new or amended law and shall be deemed to be effective
immediately, without recourse to a public hearing and the customary
procedures for amendment or repeal of such regulation.
The Board of Health may establish fees for private
well applications, permits, site visits, and well destruction observation.
A.
The Board of Health may vary the application of any
provision of these regulations with respect to any particular case
when, in the Board's opinion, both of the following conditions are
fulfilled:
(1)
The enforcement thereof would do manifest injustice.
(2)
The applicant has proven that the same degree of environmental
protection, and protection of the public health, safety and welfare
can be achieved without strict application of the particular provision.
The alternative means of protection shall be detailed and documented
by the applicant to the satisfaction of the Board.
B.
Requests for a variance shall be made in writing and
shall state the specific variance sought and the reasons therefor.
C.
Variances granted by the Board shall be in writing.
A denial shall be in writing and contain a brief statement of the
reasons for denial. 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. No work shall begin under a variance
until 30 days after such posting unless the Board also certifies in
writing that an emergency exists.
D.
A variance may be subject to such qualification, revocation,
suspension, condition, or expiration as is provided in these regulations
or as the Board expresses in its grant of the variance.
E.
A variance may be revoked, modified or suspended,
in whole or in part, only after the holder thereof has been notified
in writing and has been given an opportunity for a hearing as per
310 CMR 11.00.
The following forms shall be required:
Whosoever violates any of these rules and regulations
shall upon conviction be fined no less than $10 and no more than $500
except when otherwise provided by law.
