[Adopted 5-8-2000 ATM, Art. 26[1]; amended in its entirety 5-9-2022 ATM by Art. 66]
[1]
Editor's Note: This article also repealed former Article III,
Water Supply, adopted 5-8-1990 ATM, Art. 35.
This bylaw is adopted by the Town under its police powers pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article LXXXIX, to protect public health and welfare and pursuant to 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 under MGL c. 21G, §§ 15-17. This bylaw is also intended to implement other water conservation requirements of MGL c. 21G, the "Massachusetts Water Management Act" and its regulations promulgated at 310 CMR 36.00.
The purpose of this bylaw is to protect, preserve and maintain
the public health, safety, welfare and the environment whenever there
is in force a "State of Water Supply Conservation," a "State of Drought"
or a "State of Water Supply Emergency" by ensuring an adequate supply
of water for drinking and fire protection and to protect the quality
and quantity of water in local aquatic habitats such as ponds, rivers
and wetlands. This purpose will be accomplished by providing for the
imposition and enforcement of any duly implemented restrictions, requirements,
provisions or conditions on water use imposed by the Town in accordance
with this bylaw and/or by the Department of Environmental Protection
under its state law authorities.
All Town customers of the public water supply system and private
well users shall be subject to this bylaw. This bylaw shall be in
effect year-round.
As used in this article, the following terms shall have the
meanings indicated.
Farming in all its branches as defined at MGL c. 128, § 1A.
NOTE: This statutory definition includes cultivation of the
soil, dairying and the production, cultivation, growing and harvesting
of agricultural, aquacultural, floricultural or horticultural commodities
as well as forest harvesting, raising livestock inclusive of bees
and fur-bearing animals and forestry, lumbering, preparation for market,
delivery to storage or market or to carriers to market incidental
to an agricultural operation.
Any system for watering vegetation other than a hand-held
hose, a bucket or a drip-irrigation system outside the hours of 9:00
a.m. to 5:00 p.m.
Nonessential outdoor water uses that are subject to mandatory
restrictions include:
Irrigation of lawns, shrubs or gardens via sprinklers or automatic
irrigation systems;
Washing of vehicles, except in a commercial car wash or as necessary
for operator safety or to prevent damage and/or maintain performance
of agricultural or construction vehicles or equipment; and
Washing of exterior building surfaces, parking lots, driveways
or sidewalks, except as necessary to apply paint, preservatives, stucco,
pavement or cement.
Exceptions to nonessential outdoor water uses are:
The following outdoor water uses are subject to review and approval
by the Town, through its Board of Water and Sewer Commissioners or
their designee:
Irrigation of public parks and recreation fields outside the
hours of 9:00 a.m. to 5:00 p.m.;
Irrigation to establish replanted or re-sodded lawn or plantings
during the months of May and September;
Irrigation of newly planted lawns (seeded or sodded) in the
current calendar year for homes or businesses newly constructed in
the previous 12 months; and
Filling of privately owned outdoor pools.
Any individual, corporation, trust, partnership, association,
agency or authority, or other entity and any officer, employee, group
or agent of such persons.
A Drought Advisory, Watch, Warning or Emergency declared
by the Secretary of Energy and Environmental Affairs in consultation
with the Massachusetts Drought Management Task Force.
A State of Water Supply Conservation declared by the Town pursuant to § 158-20 of this bylaw.
All persons using the public water supply regardless of that
person's responsibility for payment for use of the water.
All persons using the public water supply or using privately-owned
wells within the Town boundaries.
The Town, through its Board of Water and Sewer Commissioners
or their designee authorized to act as such:
a)
May declare a State of Water Supply Conservation upon a determination
that conservation measures are appropriate to ensure an adequate supply
of water for drinking and fire protection, to protect the quality
and quantity of water in local aquatic habitats such as ponds, rivers
and wetlands; and
b)
Shall declare a State of Water Supply Conservation as necessary to
ensure compliance with the Water Management Act.
Upon notification to the public that a State of Water Supply Conservation has been declared, no water customer shall violate any provision, restriction, requirement or condition of the declaration. The Board of Water and Sewer Commissioners may designate the Water Department Superintendent, Town Administrator, or DPW Director to declare a State of Water Supply Conservation at any time that conditions warrant. Public notice of a State of Water Supply Conservation shall be given under § 158-21 of this bylaw before it may be enforced. The applicable restrictions, conditions or requirements shall be included in the public notice.
Upon notification to the public that a State of Drought has been declared, no water user shall violate any provision, restriction, requirement or condition of the Town's water use restrictions. Public notice of a State of Drought shall be given under § 158-21 of this bylaw before it may be enforced. The applicable restrictions, conditions or requirements shall be included in the public notice.
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, requirement or condition of any order approved or issued by the Department of Environmental Protection for the purpose of bringing about an end to the State of Water Supply Emergency. Public notice of a State of Water Supply Emergency shall be given under § 158-21 of this bylaw before it may be enforced. The applicable restrictions, conditions or requirements shall be included in the public notice.
A declaration of a State of Water Supply Conservation, State of Drought or State of Water Supply Emergency shall include one or more of the following restrictions, conditions or requirements limiting nonessential outdoor water use by water users as necessary to control the volume of water pumped each day, except as provided as an acceptable exemption in § 158-18. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 158-21.
a)
Nonessential outdoor water use days: Nonessential outdoor water use
is permitted only on the days per week specified in the State of Water
Supply Conservation, State of Drought or State of Water Supply Emergency
and public notice thereof. During a State of Water Supply Conservation,
nonessential outdoor water use is restricted as necessary to ensure
compliance with the Water Management Act, or for a Town or Water District
without a Water Management Act permit, to two days or fewer per week.
b)
Nonessential outdoor water use hours: Nonessential outdoor water
use is permitted only during the hourly periods specified in the State
of Water Supply Conservation, State of Drought or State of Water Supply
Emergency and public notice thereof. At a minimum, nonessential outdoor
water use is prohibited during the hours from 9:00 a.m. to 5:00 p.m.
c)
Nonessential outdoor water use method restriction: Nonessential outdoor
water use is restricted to a bucket or hand-held hose controlled by
a nozzle or a drip-irrigation system outside the hours of 9:00 a.m.
to 5:00 p.m.
d)
Nonessential outdoor water use ban: Nonessential outdoor water use
is prohibited at all times.
e)
Automatic irrigation systems, including sprinklers: The use of automatic
irrigation systems is prohibited.
a)
Public Notification of a State of Water Supply Conservation or a
State of Drought. Notice to the public of all provisions, including
all restrictions, requirements and conditions imposed by the Town
as part of a State of Water Supply Conservation or a State of Drought
shall be made as soon as possible, but no later than 48 hours following
the declaration of a State Water Supply Conservation or State of Drought
by publication in a newspaper of general circulation within the Town
and by signage on major roadways or intersections. Notification may
also include email, websites, public service announcements on local
media, reverse 911 calls or other such means reasonably calculated
to reach and inform all public and private water users.
b)
Public Notification of a State of Water Supply Emergency. Notice
to the public of all provisions, including all restrictions, requirements
and conditions imposed by a State of Water Supply Emergency declared
by the Department of Environmental Protection shall be made as soon
as practical after the public water system receives notice of the
Department of Environmental Protection's declaration of a State
of Water Supply Emergency, by publication in a newspaper of general
circulation within the Town and by signage on major roadways or intersections.
Notification may also include email, websites, public service announcements
on local media, reverse 911 calls or other such means reasonably calculated
to reach and inform all water users of the State of Water Supply Emergency.
d)
Notification of DEP: Submittal of MassDEP's form "Notification
of Water Use Restriction" shall be provided to the Massachusetts Department
of Environmental Protection within 14 days of the effective date of
the restrictions, per MassDEP regulations [310 CMR 22.15(8)].
A State of Water Supply Conservation may be terminated by a
majority vote of the Board of Water and Sewer Commissioners or by
decision of their designee upon a determination by either or both
of them that the conditions requiring the State of Water Supply Conservation
no longer exist, or in accordance with the Water Management Act permit
conditions. Public notification of the termination of a State of Water
Supply Conservation shall be given in the same manner as is required
in § 158-21a for notice of its imposition.
Upon notification to the Town, the Board of Water and Sewer
Commissioners or their designee that the State of Drought has been
terminated by the Secretary of Energy and Environmental Affairs, the
public will be notified of the termination in the same manner as is
required in § 158-21a for notice of its imposition.
Upon notification to the Town or to the Board of Water and Sewer
Commissioners or their designee 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 in § 158-21b for notice of its
imposition.
The Town through its Board of Water and Sewer Commissioners
or their designee including the Water Superintendent, Building Inspector
and/or local police may enforce this bylaw. Any person violating this
bylaw shall be liable to the Town in the amounts listed below:
1)
First violation: warning.
2)
Second violation: $50.
3)
Third violation: $100.
4)
Fourth and subsequent violations: $250.
Each day of violation shall constitute a separate offense. Fines
shall be recovered by complaint before the District Court, or by non-criminal
disposition in accordance with MGL c. 40, § 21D. For purposes
of non-criminal disposition, the enforcing person shall be any police
officer of the Town or the Water Superintendent or the Superintendent's
designee. If a State of Water Supply Emergency has been declared the
Board of Water and Sewer Commissioners may, in accordance with MGL
c. 40, § 41A, shut off the water at the meter or the curb
stop.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
This bylaw is adopted by the Town under its police powers pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article LXXXXIX, to protect public health and welfare and pursuant to 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 under MGL c. § 21G, the "Massachusetts Water Management Act" and its regulations promulgated at 310 CMR 36:00.
The purpose of this bylaw is to protect, preserve and maintain
the public health, safety, welfare and the environment whenever there
is in force a "State of Water Supply Conservation" or "State of Water
Supply Emergency" by ensuring an adequate supply of water for drinking
and fire protection and to protect the quality and quantity of water
in local aquatic habitats such as ponds, rivers, and wetlands. This
purpose will be accomplished by providing for the imposition and enforcement
of any duly implemented restrictions, requirements, provisions or
conditions on water use imposed by the Town in accordance with this
bylaw and/or by the Department of Environmental Protection under its
state law authorities.
All Town residents that are customers of the public water supply
system and private well users shall be subject to this bylaw. This
bylaw shall be in effect year round.
As used in this article, the following terms shall have the
meanings indicated:
Farming in all its branches as defined at MGL c. 128, § 1A.
Any system for watering vegetation other than a hand-held
hose or a bucket.
Those uses that are not required:
For health or safety reasons;
By regulation;
For the production of food and fiber;
For the maintenance of livestock; or
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).
Nonessential outdoor water uses that are subject to mandatory
restrictions include:
Irrigation of lawns via sprinklers or automatic irrigation systems;
Washing of vehicles, except in a commercial car wash or as necessary
for operator safety or to prevent damage and/or maintain performance
of agricultural or construction vehicles or equipment; and
Washing of exterior building surfaces, parking lots, driveways
or sidewalks, except as necessary to apply paint, preservatives, stucco,
pavement or cement.
Exceptions to nonessential outdoor water uses are:
Irrigation of public parks and recreation fields outside the
hours of 9:00 a.m. to 5:00 p.m.; and
Irrigation of lawns, gardens, flowers and ornamental plants
by means of a hand-held hose outside the hours of 9:00 a.m. to 5:00
p.m.; and
Irrigation outside the hours of 9:00 a.m. to 5:00 p.m. with
harvested and stored stormwater runoff.
The following outdoor water uses are subject to review and approval
by the Town through its Board or their designee:
Irrigation to establish replanted or resodded lawn or plantings
during the months of May and September;
Irrigation of newly planted lawns (seeded or sodded) in the
current calendar year for homes or businesses newly constructed in
the previous 12 months;
Filling of privately owned outdoor pools.
Any individuals, corporation, trust, partnership or association,
agency or authority, or other entity and any officer, employee, group
or agent of such persons.
A State of Water Supply Emergency declared by the Department
of Environmental Protection under MGL c. 21G, § 15-17.
A State of Water Supply Conservation declared by the Town pursuant to § 158-20 of this bylaw.
All persons using the public water supply, irrespective of
that person's responsibility for billing purposes for use of the water.
All persons using water within the Town.
The Town, through the Board or its designee authorized to act as such, may declare a State of Water Supply Conservation upon a determination that conservation measures are appropriate to ensure an adequate supply of water for drinking and fire protection, to protect the quality and quantity of water in local aquatic habitats such as ponds, rivers and wetlands and to ensure compliance with the Water Management Act. Upon notification to the public that a declaration of a State of Water Supply Conservation has been declared, no person shall violate any provision, restriction, requirement or condition of the declaration. The Board may designate the Water Superintendent to declare a State of Water Supply Conservation at any time that conditions warrant. Public notice of a State of Water Conservation shall be given under § 158-21 of this bylaw before it may be enforced.
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, requirement,
condition of any order approved or issued by the Department of Environmental
Protection for the purpose of bringing about an end to the State of
Water Supply Emergency.
A declaration of a State of Water Supply Conservation and/or a State of Water Supply Emergency shall include but not be limited to one or more of the following restrictions, conditions, or requirements limiting nonessential outdoor water use by water customers (and water users) as necessary to control the volume of water pumped each day, except as provided as acceptable. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 158-21.
a)
Nonessential outdoor water use is permitted only on the days per
week specified in the State of Water Supply Emergency or State of
Water Supply Conservation and public notice thereof. During a State
of Water Supply Emergency or State of Water Supply Conservation, nonessential
outdoor water use is restricted to two days or fewer per week.
b)
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 Emergency or State of Water Supply Conservation
and public notice thereof. At a minimum, nonessential outdoor water
use is prohibited during the hours from 9:00 a.m. to 5:00 p.m.
c)
Nonessential outdoor water use method restriction. Nonessential outdoor
water use is restricted to a bucket or hand-held hose controlled by
a nozzle.
d)
Nonessential outdoor water use ban. Nonessential outdoor water use
is prohibited at all times.
e)
Automatic sprinkler system ban. The use of automatic sprinkler systems
is prohibited.
a)
Public notification of a State of Water Supply Conservation –
Notice to the public of all provisions, including all restrictions,
requirements and conditions imposed by the Town as part of a State
of Water Supply Conservation, shall be made as soon as possible, but
no later than 48 hours following the declaration of a State of Water
Supply Conservation by publication in a newspaper of general circulation
within the Town and by signage on major roadways or intersections.
The Town may also notify the public using other means determined to
be appropriate (cable TV, reverse 911, email, etc.). Notification
may also include email, websites, public service announcements on
local media or other such means reasonably calculated to reach and
inform all water users.
b)
Public notification of a State of Water Supply Emergency –
Notice to the public of all provisions, including all restrictions,
requirements and conditions imposed by a State of Water Supply Emergency
declared by the Department of Environmental Protection (DEP), shall
be made by publication in a newspaper of general circulation with
the Town and by signage on major roadways or intersections. The Town
may also notify the public using other means determined to be appropriate
(cable TV, reverse 911, email, etc.) This notice shall be provided
as soon as possible, but no later than 48 hours after the public water
system receives notice of DEP's declaration of a State of Water Supply
Emergency. Notification may also include email, websites, public service
announcements on local media or other such means reasonably calculated
to reach and inform all water users of the State of Water Supply Emergency.
c)
Any restriction imposed under § 158-20 or § 158-20.1 or in DEP's State of Water Supply Emergency or Order shall not be effective until notification to the public is provided. Submittal of MassDEP's form "Notification of Water Use Restriction" shall be provided to the Massachusetts Department of Environmental Protection within 14 days of the effective date of the restrictions, per Mass DEP regulations [310 CMR 22.15(8)].
A State of Water Supply Conservation may be terminated by a majority vote of the Board or its designee, upon a determination by either or both of them that the conditions requiring the State of Water Supply Conservation no longer exist. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner required by § 158-21 for notice of imposition.
Upon notification to the Town 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 § 158-21 for notice of imposition.
The Town, through the Board or its designee, including the Water
Superintendent, Building inspector and/or local police, may enforce
this bylaw. Any person violating this bylaw shall be liable to the
Town in the amounts listed below:
1)
First violation: warning.
2)
Second violation: $50.00.
3)
Third and subsequent violations: $100.00.
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Fines shall be recovered by complaint before the District Court,
or by non-criminal disposition in accordance with MGL c. 40, § 21D.
For purposes of non-criminal disposition, the enforcing person shall
be any police officer of the Town or water superintendent or the superintendent's
designee. If a State of Water Supply Emergency has been declared the
Board may, in accordance with MGL c. 40, § 41A, shut off
the water at the meter or the curb stop.
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The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
