[Adopted 10-24-2005 STM by Art. 5 (Art. 82 of the General Bylaws)]
A.
The adoption of this water restriction bylaw enables the Marshfield
Board of Public Works to control and mitigate periods of high demand,
with an associated stressed water supply, typically occurring during
the summer months as outlined below in accordance with the Massachusetts
Department of Environmental Protection (DEP).
[Amended 4-24-2017 ATM
by Art. 10]
B.
The restrictions are applicable to persons connected to the Town's
public water system and include odd/even day outdoor watering, limited
outdoor watering hours, outdoor watering bans, and prohibitions on
filling swimming pools and the use of automatic irrigation sprinkler
systems. Persons violating the bylaw's restrictions are subject to
civil fines.
This bylaw is adopted by the Town under its police powers to
protect public health and welfare and its powers under MGL c. 40,
§ 21 et seq. The Town's authority to implement and regulate
water use is authorized pursuant to MGL c. 41, § 69B. This
bylaw also implements the Town's authority under MGL c. 40, § 41A,
and is conditioned upon a declaration of water supply emergency issued
by the Department of Environmental Protection.
[Amended 4-24-2017 ATM
by Art. 10]
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 emergency. This
bylaw provides for enforcement of any duly imposed restrictions, requirements,
provisions or conditions imposed by the Town or by the Department
of Environmental Protection.
For the purposes of this bylaw, the following terms shall have
the meanings indicated:
Any individual, corporation, trust, partnership or association,
or other entity.
An emergency declared by the Department of Environmental
Protection under MGL c. 21G, §§ 15 to 17.
Restrictions of water use as declared pursuant to § 285-15 of this bylaw.
All users of the Town's public water supply system, irrespective
of any person's responsibility for billing purposes for water used
at any particular facility.
[Amended 4-24-2017 ATM
by Art. 10]
The Town, through the Board of Public Works, may after a public hearing declare a state of water supply conservation upon a determination by a majority vote of the Board of Public Works 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 § 285-17 of this bylaw before it may be enforced.
[Amended 4-24-2017 ATM
by Art. 10]
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, conditions or requirements shall be included in the public notice under § 285-17.
A.
Odd/even day outdoor watering. Outdoor watering by water users with
odd-numbered addresses is restricted to odd-numbered days. Outdoor
watering by water users with even-numbered addresses is restricted
to even-numbered days.
B.
Outdoor watering ban. Outdoor watering is prohibited.
C.
Outdoor watering hours. Outdoor watering is permitted only during
daily periods of low demand, to be specified in the declaration of
a state of water supply conservation and public notice thereof.
D.
Filling of swimming pool. Filling of swimming pools is prohibited,
unless otherwise specified by the Board of Public Works.
E.
Automatic irrigation sprinkler system use. The use of automatic irrigation
sprinkler system 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 § 285-16 shall not be effective until such notification is provided. Notification of the state of water supply conservation shall also be simultaneously provided to the Department of Environmental Protection.
A state of water supply conservation may be terminated by a majority vote of the Board of Public Works, 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 as required in § 285-17 and shall also be simultaneously provided to the Department of Environmental Protection.
[Amended 4-24-2017 ATM
by Art. 10]
Upon notification to the public that a declaration of a state
of water emergency has been issued by the Department of Environmental
Protection, no person shall violate any provision, restriction, requirement,
or condition of any order approved or issued by the DEP intended to
bring about an end to the state of water emergency.
[Added 11-18-2019 STM by Art. 16; amended 10-18-2021 STM by Art.
10]
The Town Department of Public Works Superintendent, Water Division
Supervisor, and Town Engineer shall be contacted by any entity seeking
to perform any maintenance or construction activity within or adjacent
to the 400-foot radius of any Town well, the so-called "wellhead protection
zone" also commonly referred to as Zone 1 the area of immediate recharge
and also in the water resource protection recharge area referred to
as Zone 2. Entities performing any activities in Zone 1 or Zone 2
of the Town aquifers are also required to provide the Superintendent,
Water Division Supervisor, Town Engineer and Board of Health a complete
list of substances that contain the chemicals or other products containing
Polyflouroalkyl Substances aka PFAS (includes PFOA, PFOS, GenX and
other such chemicals) to be used. The list shall show the PFAS content
as a % by volume or mass. Entities shall show cause as to why products
or chemicals without PFAS cannot be used for the work. Entities that
perform work where the use of PFAS cannot be avoided shall submit
work plans to the Superintendent, Water Division Supervisor, Town
Engineer, Planning Board and Board of Health that show how physical
barriers, capture methods and/or other actions will be implemented
to prevent PFAS from entering the soils and ground water of Zones
1 and 2. These activities shall include but are not limited to new
construction, pole replacement, relocation, pole pesticide treatment,
transformer repair, maintenance of underground services, fuel supply
maintenance, construction and maintenance activities of any kind.
This bylaw will not apply to Water Division activities including those
by the Divisions contractors, or other Town departments performing
work for the Water Division, as the above requirements will be stipulated
in all bidding and contractual documents.
Any person violating this bylaw shall receive a written warning
for the first offense. Any person shall then be liable to the Town
in the amount of $50 for the second violation and $100 for each subsequent
violation thereafter which shall enure to the Town. Notwithstanding
the provisions of any special law to the contrary, fines shall be
recovered by indictment or on complaint before a district court, or
by noncriminal disposition in accordance with MGL c. 40, § 21D.
Each day of violation shall constitute a separate offense. Repeated
violations of this bylaw will also be grounds for termination of water
service by the Board of Public Works for a period of time up to and
including permanent disconnection.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
The Board of Public Works is authorized to utilize the Town
Counsel to file suit seeking injunction enforcement of this bylaw.
