Imminent Threats

(1) If, in making a determination which may be the subject of an adjudicatory hearing under M.G.L. c. 30A, the Department finds that an imminent threat to the public health, welfare, safety, or to the environment could result pending the conclusion of the adjudicatory hearing requested thereon, the Department may, pursuant to M.G.L. c. 21C, § 11, order that the determination become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of any adjudicatory hearing procedures. (2) Any person aggrieved by an imminent threat finding made pursuant to 310 CMR 30.020(1) may, by the close of the next business day after the receipt of the determination, request an adjudicatory hearing for the sole purpose of adjudicating whether the determination should become provisionallyeffective and enforceableimmediately. This adjudicatoryhearingshall not be for the purpose of adjudicating the merits of the determination. If a request for hearing is not made within this deadline, the Department's finding shall be deemed assented to. Such request for hearing may be made orally, in writing, or by telephone, and the Department shall proceed to schedule such hearing, as soon as is reasonably possible, for the following purposes: (a) To allow the person requesting the hearing to show cause why such order should not take effect immediately; and (b) To allow the person requesting the hearing to show cause why such alleged violation or violations do not constitute an imminent danger to the public health, safety, or welfare or to the environment. NON-TEXT PAGE (3) If the Department finds there is not an imminent threat, or if the Department's finding that there is an imminent threat is rendered unenforceable by order of any court of competent jurisdiction, the remainder of the Department's determination, of which the imminent threat finding was a part, shall remain in full force and effect unless the Department or the court orders otherwise.