310 CMR 11.05
Emergency
(1) General. Whenever an emergency exists in which the interest of protecting the public health or
the environment requires that ordinary procedures be dispensed with, the board of health or its
authorized agent, acting in accordance with the provisions of M.G.L. c. 111, § 30, may, without notice
or hearing, issue an order reciting the existence of the emergency and requiring that such action be
taken as the board of health deems necessary to meet the emergency. Notwithstanding any other
provision of 310 CMR, any person to whom such order is directed shall comply therewith within the
time specified in the order. Each day's failure to comply with the order shall constitute a separate
offense. Upon compliance with the order and within seven days after the day the order has been
served, he mayfile a written petition in the office of the board of health requesting a hearing. He shall
be granted a hearing as soon as possible. The procedures for such hearing shall otherwise conform
with the hearing requirements which would have existed had the order been issued under
non-emergency circumstances.
(2) Emergency Powers ofthe Department. No provision of 310 CMR 11.00 shall be construed as
a limitation on the emergency powers of the Department of Environmental Quality Engineering of the
Commonwealth.