Duration of a Water Supply Emergency

(1) Except as provided in 310 CMR 36.40(3), a declaration of a state of water supply emergency will remain in effect for six months following the date of issuance unless revoked by the Department. (2) No state of water supply emergency will remain in effect for more than six months in the aggregate in any 12-month period unless the Department determines that a longer state of emergency is required to protect the public health, safety or welfare in all or in part of the area served by the public water supplier. (a) An extension may be granted on the Department’s initiative or at the request of the public water supplier. (b) The public water supplier shall submit an update of any water supply emergency plan required by the Department prior to the extension of a water supply emergency. (c) The Department shall consider efforts taken by the public water supplier to address the underlying causes of the water supply emergency in reviewing the need for an extension. (3) The Department may amend or terminate a declaration upon a finding that the public health, safety or welfare is no longer endangered by a water supply shortage in part or all of the area to which the emergency had been made applicable.