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 by the Department of Environmental Protection.
This bylaw is adopted by the Town under its
police power to protect public health and welfare and its power under
MGL c. 40, § 21 et seq. and implements the Town 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.
PERSON — Shall mean any individual,
corporation, trust, partnership or association, or other entity.
STATE OF WATER SUPPLY EMERGENCY
Shall mean a state of water supply emergency declared by
the Department of Environmental Protection under MGL c. 21G, §§ 15
to 17.
WATER USERS or WATER CONSUMERS
Shall mean all public and private users of the Town's public
water system, irrespective of any person's responsibility for billing
purposes for water used at any particular facility.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
The Town, through its Select Board, may declare a State of Water Supply Conservation upon 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 consumers. Public notice of a state of water supply conservation shall be given under §
191-7 of this bylaw before it may be enforced.
[Amended 10-12-2000 ATM by Art. 29; 10-4-2010 OTM by Art. 22, approved 2-7-2011; 6-4-2018 ATM by Art. 28, approved 9-21-2018]
The Select Board may adopt and periodically amend, rules and regulations relating to the procedures and administration of Chapter
191, Article
II after public notice and a public hearing.
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. All restrictions imposed under §
191-6 shall not be effective until such notification is provided. Notification of the state of water supply conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
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 as required in §
191-7.
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 intended to bring about an end to the state of water
supply emergency.
The invalidity of any portion or provision of
this bylaw shall not invalidate any other portion or provision thereof.