310 CMR, § 11.06 - Enforcement by Department of Environmental Quality Engineering of the Commonwealth

(1) General. If as a result of any study, inspection, or survey made under 310 CMR 11.03 or under the provisions of any other title of 310 CMR, the Commissioner of Environmental Quality Engineering or his authorized representative determines that compliance with this code has not been effected, he shall, in writing, notify the appropriate board of health of such determination, allotting a reasonable time in which compliance shall be effected, and requesting that the board of health, in writing, notify the Commissioner of Environmental Quality Engineering of what action it has taken, and what other action has been taken to effect compliance with 310 CMR 11.00. If the Commissioner is not so notified, or if after notification he determines that action sufficient to effect compliance with the provisions of this code has not been taken, the local board of health shall be deemed to have failed to effect compliance with 310 CMR 11.00.

(2) Failure to Enforce Code by Board of Health. Whenever any local board of health has failed after a reasonable length of time to enforce 310 CMR 11.00, the Commissioner of Environmental Quality Engineering of the Commonwealth or his designated representative may act for the Commonwealth in any way that the local board of health is authorized to act to effect compliance.

Notes

310 CMR, § 11.06