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Regulation passed by the
Boston Public Health Commission
This regulation was promulgated on November 25, 1997.
Emergency Water Well Cease and Desist Orders
- The Boston Public Health Commission,
through its Office of Environmental Health, may issue an Emergency Water
Well Cease and Desist Order upon a determination by the Office of Environmental
Health that any person or entity proposes to or is providing water for
public use which may not be safe and sanitary for human consumption or
which may constitute a nuisance, source of filth or cause of sickness.
- The person or entity named in an Emergency
Water Well Cease and Desist Order may appeal the issuance of such order
to the Executive Director. The Executive Director shall make a determination
in such appeal within ten days of receipt of all information submitted
in support of such appeal.
- Upon the Executive Director’s affirmation
of all or part of an Emergency Water Well Cease and Desist Order, the person
or entity named therein may appeal further to any court of competent jurisdiction.
- Pendency of any appeal shall not stay
the Emergency Water Well Cease and Desist Order unless otherwise determined
by a court of competent jurisdiction.
- Any person or entity violating an Emergency
Water Well Cease and Desist Order shall be subject to a fine of not less
than five hundred dollars ($500) nor more than one thousand dollars ($1000)
for each day that such violation continues.
- This regulation is effective immediately.
Authority: M.G.L. c. 111, secs. 31, 122-127;
M.G.L. c. 111, App. secs. 2-6(b), 2-7(a)(1), and 2-7(a)(15).
For further information, contact:
Boston Public Health Commission
Office of Environmental Health
1010 Massachusetts Avenue, 2nd Floor
Boston, MA 02118
(617) 534-5966
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