Section 385-840-12 - Imminent Hazard to Public Health - Emergency Order1.Determination of Imminent Hazard.An imminent hazard may be considered to exist when there is a violation of the Board's drinking water regulations, and shall be considered to exist when, in the judgment of the Board or the Division, a condition exists in a Private Water System or water supply that will result in a serious risk to public health.2.Elimination of Imminent Hazard.In order to protect the public health, the Board may, without a prior hearing, issue an Emergency Order requiring the Licensee to take immediate action as may be required under the circumstances. Actions required under the Emergency Order may include, but are not limited to: A. The prohibition of transportation, sale, distribution, or supplying of water; B. The furnishing of potable water at the Licensee's expense; C. The repair, installation, or operation of treatment equipment or methods; D. The notification to all potential users of the system of the nature, extent, and possible health effects of the imminent hazard and precautions to be taken by users; and E. The testing, sampling, or other analytical operations required to determine the nature, extent, duration, or termination of the imminent hazard. A copy of the Emergency Order shall be served upon a Designated Operator, Licensee, owner, manager, employee or agent for service, in the same manner as service of notice of the commencement of a civil action in Superior Court.
An Emergency Order issued by the Board shall be effective immediately and shall be binding for no more than 90 days unless sooner revoked by the Board at its discretion or at a public hearing, or unless modified or rescinded by a Superior Court. At the written request of the Licensee or Designated Operator, a public hearing shall be held on the Emergency Order within thirty (30) days of receipt of such request.
02-385 C.M.R. ch. 840, § 12