As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
A.
Any person or persons, trusts, firms, or corporations
having established ownership of the property involved and applying
for the installation of waterworks utilities of any kind.
B.
Any owner requesting the installation of waterworks
utilities of any kind in public ways or in private property.
BOARD
The Board of Water and Sewer Commissioners duly elected by
the voters of the Town and solely responsible in all matters relating
to the Water Department and the water supply system, in accordance
with applicable Town and state laws.
DEPARTMENT
The Water Department acting through its Superintendent and
its authorized personnel as the agency responsible to the Board for
the operation, maintenance and extension of the water system and collection
of all revenue due.
A.
Throughout these regulations, it shall be implied
that all the powers, rights and duties attributed to the Department
shall have been delegated to the Department by the Board as governing
authority. The Department, in the person of its Superintendent, shall
be responsible for the interpretation and enforcement of these regulations.
B.
In cases where disputes arise between the Department
and property owners relative to the interpretation of these regulations,
the Board, acting within the framework of its powers under the laws,
shall act as a board of appeals for the property owners and shall
constitute the final authority in such disputes.
ENGINEER
The consulting engineers and their authorized agents employed
by the Board to plan and supervise the construction of waterworks
utilities.
OWNER
The responsible legal property owner or owners of land abutting
ways or streets containing waterworks utilities or in which it is
proposed to install waterworks utilities, or the responsible legal
property owner or owners of private land in which it is proposed to
install waterworks utilities.
WATER MAIN PIPE
All piping and appurtenances installed in public and private
ways and in easements for the purposes of providing an available supply
for the abutting property owners, for fire hydrant service or for
reinforcement and efficient operation of the water system.
WATERWORKS UTILITIES OR FACILITIES
All water main pipes, service connections, hydrants, valves,
meters and appurtenances required to provide satisfactory service
from the Town system to the water meters of the individual takers.
Property owners requiring the installation of waterworks utilities shall proceed as detailed in Articles
II through
IV hereof for the particular type of facility requested.
Except as otherwise determined by law, the Department
as authorized by the Board reserves the right to refuse any application
for waterworks utilities if it deems it in the best interest of the
Town of Marblehead. The Department will reserve its judgment on the
approval of installations between December 1 and April 1 and when
ground conditions are unfavorable.
If the Department is requested to change or
relocate piping, meters, or any other waterworks facilities, including
hydrants, for the convenience of property owners and not as a necessity
for the Department, the work of relocation shall be approved by the
Department and at the expense of the property owners requesting such
relocation. Such requests must be made in writing to the Board for
consideration. Relocations required as being beneficial or necessary
for the water system and initiated and constructed by the Department
shall be paid for out of authorized Department funds.
The Department shall not be held responsible
or liable for damages or inconveniences resulting from any of the
following reasons:
A. Shutting off supplies or services as detailed in §
268-8.
B. Interruption of supply for emergency or planned repairs,
tests and extensions.
C. Collapsed boilers resulting from any condition herein
listed.
D. Failure of the supply at its source or curtailment
of the use of water because of shortage of supply.
E. Subnormal or abnormal pressures caused by accident
or any of the conditions herein listed.
F. Dirty water, either from the source of supply or caused
by accident to the system, repairs or operation of the gate and hydrant
system.
G. Leaks, damage or defects in the consumer's system
which become evident coincident with any of the conditions herein
listed.
H. Failure of the specified minimum-sized service connection,
or service connections of any larger size, to provide sufficient water
for the consumer's requirements.
I. Contamination of the water supply.
J. Broken, frozen or otherwise damaged services located
between the curb stop and the consumer or on private property.
The Department reserves the right to restrict
the use of water at any time and in any manner if it deems it necessary
to do so in the public interest. In particular, the use of water for
swimming pools, air conditioning and sprinkling systems shall be subject
to control or restriction by the Department in any manner and degree
determined as necessary by the Board.
In event of a public emergency in which the
safety of the water supply is endangered by contamination or other
reasons, the Board of Water and Sewer Commissioners in conjunction
with the Board of Health, the Police Department and other governmental
bodies will take all steps required to protect the public. Such steps
may include the shutting off of all parts of the supply system, emergency
treatment of water, rationing and disbursement of water to the public,
and the issuance, distribution and enforcement of all information
and regulations relative to the water supply as the nature of the
emergency may require.
The Board reserves the right to change or amend
these rules and regulations, application forms, rate schedules and
charges from time to time as occasion requires.