[Adopted 5-10-2005 ATM by Art. 23]
[Amended 11-29-2005 STM by Art. 22; 5-10-2011 ATM by Art. 32; 6-5-2021 ATM
by Art. 28]
The Middleton Select Board proposes the following
bylaw to create a balance between the needs of the environment, the
citizens of Middleton and the drinking water supply. The Town is aware
of the concerns about lower groundwater levels in the Ipswich River
Watershed Basin and the potential demand on its water resources during
the dry summer months. The Town also recognizes the therapeutic, esthetic,
and environmental benefits that gardening, landscaping and greenery
bring to the community. It is the intent of this bylaw to permit residents
to maintain their properties, while not overburdening Town water supplies
or the water distribution system, and to make a positive contribution
to the environment. All Middleton residents that are either customers
of the public water supply shall be subject to this bylaw in order
to preserve and maintain the Ipswich Watershed Basin.
This bylaw is adopted by the Town of Middleton
under its police powers to protect public health and welfare and its
powers under MGL c. 40, § 21 et seq., and implements the
Town's authority to regulate water use pursuant to MGL c. 41,
§ 69B. This bylaw also implements the Town's authority under
MGL c. 40, § 41A, conditioned upon a declaration of
water supply emergency issued by the Department of Environmental Protection.
The purpose of this bylaw is to protect, preserve
and maintain the public health, safety and welfare whenever there
is in force a state of water supply conservation or state of water
supply emergency by providing for enforcement of any duly imposed
restrictions, requirements, provisions or conditions imposed by the
Town or the Department of Environmental Protection.
Shall mean any individual, corporation, trust, partnership
or association, or other entity.
[Amended 11-29-2005 STM by Art. 22]
Shall mean a state of water supply conservation declared by the Middleton Select Board pursuant to § 230-9 of this bylaw.
[Amended 6-5-2021 ATM by Art. 28]
Shall mean a state of water supply emergency declared by
the Department of Environmental Protection under MGL c. 21G,
§§ 15 to 17.
Shall mean all public users of the Town's public water system
and Ipswich River Watershed, irrespective of any person's responsibility
for billing purposes for water used at any particular facility.
[Amended 5-10-2011 ATM by Art. 32]
[Amended 6-5-2021 ATM by Art. 28]
The Town of Middleton, through its Select Board, may declare a state of water supply conservation upon a determination by a majority vote of the Board that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. Public notice of a state of water supply conservation shall be given under § 230-11 of this bylaw before it may be enforced.
A declaration of a state of water supply conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions shall be included in the public notice required under § 230-11.
A.
Restricted days and times for outdoor watering. Outdoor
watering by water users is restricted to days and times as determined
by the Town of Middleton's Select Board, except those business and
commercial agricultural users exempted by the Select Board.
[Amended 6-5-2021 ATM by Art. 28]
B.
Outdoor watering ban. Outdoor watering is prohibited.
C.
Filling of swimming pools. Filling of swimming pools
is prohibited except by commercial tankers.
D.
Washing of cars. Washing of cars is prohibited.
E.
Automatic sprinkler use. The use of automatic sprinklers
is prohibited.
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a state of water supply conservation shall be published in a newspaper of general circulation within the Town, or by such other means reasonably calculated to reach and inform all users of water of the state of water supply conservation. Any restriction imposed under § 230-10 shall not be effective until such notification is provided. Notification of a state of water supply conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
[Amended 6-5-2021 ATM by Art. 28]
A state of water supply conservation may be terminated by a majority vote of the Select Board, upon a determination that the water supply shortage no longer exists. Public notification of the termination of a state of water supply conservation shall be given in the same manner required by § 230-11.
A.
Upon notification to the public that a declaration
of a state of water supply emergency has been issued by the Department
of Environmental Protection, no person shall violate any provision,
restriction or condition of any order approved or issued by the Department
intended to bring about an end to the state of emergency.
[Amended 11-29-2005 STM by Art. 22]
B.
Exemptions. Exemptions from this bylaw will be permitted
if watering is done through drip irrigation hoses or other devices
that use subsurface applications and prevent the water from being
evaporated through direct contact with the atmosphere, through the
use of water from cisterns and rain barrels, that derive their water
directly from precipitation, recycled water, stormwater runoff, gray
water or water not directly from ground or surface water supplies
or the public water system.
Any person violating this bylaw shall be liable
to the Town of Middleton in the amount of $50 for the first violation
and $100 for each subsequent violation. Fines shall be recovered by
indictment, or on complaint before the Salem District Court, or by
noncriminal disposition in accordance with MGL c. 40, § 21D.
Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of
this bylaw shall not invalidate any other portion or provision thereof.
