Orders

(1) The Local Approving Authority or the Department may issue orders requiring the owner or operator of a facility, or a system inspector, system installer, designers, soil evaluator, or the holder of a permit, approval or certification issued pursuant to 310 CMR 15.000 to come into compliance with the provisions of 310 CMR 15.000 or to take any other action necessary to protect public health, safety, welfare or the environment. Any person aggrieved by such orders may appeal to any court of competent jurisdiction pursuant to 310 CMR 15.421 if such order is issued by the local Approving Authority. Any person who is subject to an order issued by the Department may request an adjudicatory hearing pursuant to 310 CMR 15.422. (2) Unless otherwise stated in 310 CMR 15.000, orders may be served on any person responsible for a violation of 310 CMR 15.000 in accordance with the following procedure: (a) personally, by any person authorized to serve civil process, or (b) by any person authorized to serve civil process by leaving a copy of the order at his or her last and usual place of abode, or (c) by sending him or her a copy of the order by registered or certified mail, return receipt requested, if his or her last and usual place of abode can be determined based on a review of the local tax assessor's records, or (d) if his or her last and usual place of abode is unknown, by posting a copy of the order in a conspicuous place on or about the facility 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 affected facility is situated. (3) Whenever an imminent threat to public health, safety, welfare or the environment exists, or could result during the pendency of a hearing on the order, the local Approving Authority or the Department may issue the order reciting the existence of the emergency and requiring that such action be taken as they may deem necessary. (4) Notwithstanding any other provision of 310 CMR 15.000, any person to whom an 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 and may result in penalties. Any person who is subject to an order issued by the Department may seek review pursuant to 310 CMR 15.421 or 15.422 (Appeals).