This article is adopted by the City under its police powers
to protect public health and welfare and its powers under MGL c. 40,
§ 21 et seq., and implements the City's authority to
regulate water use pursuant to MGL c. 41, § 69B. This article
also implements the City's authority under MGL c. 40, § 41A,
conditioned upon a declaration of water supply emergency issued by
the Commonwealth of Massachusetts Department of Environmental Protection
(MassDEP).
The purpose of this article 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 City or by the Department
of Environmental Protection.
As used in this article, the following terms shall have the
meanings indicated:
AGRICULTURE
Farming in all its branches as defined at MGL c. 128, § 1A.
NONESSENTIAL OUTDOOR WATER USE
Those uses that are not required:
A.
For health or safety reasons;
C.
For the production of food and fiber;
D.
For the maintenance of livestock; or
E.
To meet the core functions of a business (for example, irrigation
by golf courses as necessary to maintain tees and greens, and limited
fairway watering, or irrigation by plant nurseries or agricultural
operations as necessary to maintain stock or establish new plantings,
wash equipment to prevent damage and/or maintain performance, pest
management and plant cooling).
PERSON
Any individual, corporation, trust, partnership or association,
or other entity.
STATE OF WATER SUPPLY EMERGENCY
A state of water supply emergency declared by the Department
of Environmental Protection under MGL c. 21G, §§ 15
through 17.
SUPPLY CAPACITY
A specific relationship between a reservoir's level
and storage capacity expressed in percent.
WATER CONSUMERS
All public and private users of the City's public water
system, irrespective of any person's responsibility for billing
purposes for water used at any particular facility.
The City, through its Water Division, may declare a State of Water Supply Conservation upon a determination by the Director or Deputy Director 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 and to ensure compliance with the City's obligation under the Water Management Act. Public notice of a State of Water Supply Conservation shall be given under §
250-27 of this article 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, conditions or requirements, as determined by the Director or Deputy Director of Public Works, shall be included in the public notice required under §
250-27.
A. Nonessential outdoor water use days. Nonessential outdoor water use,
by water users, is permitted only on the days per week specified in
the State of Water Supply Conservation or State of Water Supply Emergency
and public notice thereof.
B. Nonessential outdoor water use ban. Nonessential outdoor water use
is prohibited at all times.
C. Nonessential outdoor water use hours. Nonessential outdoor water
use is permitted only during the hourly periods specified in the declaration
of a State of Water Supply Conservation and public notice thereof.
D. Automatic sprinkler use. The irrigation of lawns via sprinklers or
automatic irrigation systems is prohibited.
E. All other nonessential outdoor water use not specifically mentioned
above as specified in the State of Water Supply Conservation or State
of Water Supply Emergency and public notice thereof.
A State of Water Supply Conservation may be terminated by the Director or Deputy Director of Public Works of the Water Division 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 §
250-27 for notice of its imposition.
Upon notification to the City that the declaration of a State of Water Supply Emergency has been terminated by the Department of Environmental Protection, the public will be notified of the termination in the same manner as is required by §
250-29 for notice of its imposition.
The invalidity of any portion or provision of this article shall
not invalidate any other portion or provision thereof.