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Town of Harvard, MA
Worcester County
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[HISTORY: Adopted by the Annual Town Meeting of the Town of Harvard 10-1-2022 by Art. 6.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bylaw also repealed former Ch. 117, Water Supply Conservation, adopted 3-27-2006 ATM by Art. 41.
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 Massachusetts General Laws Chapter 40, Section 21 et seq. and implements the Town's authority to regulate water use pursuant to Massachusetts General Laws Chapter 41, Section 69B. This bylaw also implements the Town's authority under Massachusetts General Laws Chapter 40, Section 41A, conditioned upon a declaration of water supply emergency issued by the Massachusetts Department of Environmental Protection under Massachusetts General Laws Chapter 21G, Section 15 through 17. This bylaw is also intended to implement other water conservation requirements of Massachusetts General Laws Chapter 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 Water Commissioners, or their designee, and the Board of Health, or their designee, 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.
A. 
Agriculture shall mean farming in all its branches as defined at Massachusetts General Laws Chapter 128, Section 1A.
B. 
Automatic irrigation system, including sprinklers, shall mean any system for watering vegetation other than a hand-held hose or a bucket.
C. 
Nonessential outdoor water use shall mean:
(1) 
Those uses that are not required:
(a) 
For health or safety reasons;
(b) 
By regulation;
(c) 
For the production of food and fiber;
(d) 
For the maintenance of livestock; or
(e) 
To meet the core functions of a business.
(2) 
Nonessential outdoor water uses that are subject to mandatory restrictions include:
(a) 
Irrigation of lawns via sprinklers or automatic irrigation systems;
(b) 
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
(c) 
Washing of exterior building surfaces, parking lots, driveways or sidewalks, except as necessary to apply paint, preservatives, stucco, pavement or cement.
(3) 
Exceptions to nonessential outdoor water uses are:
(a) 
Irrigation of lawns, gardens, flowers and ornamental plants by means of a hand-held hose controlled by a nozzle or a drip-irrigation system; and
(b) 
Irrigation with harvested and stored stormwater runoff.
(4) 
The following outdoor water uses are subject to review and approval by the Town, through its Board of Water Commissioners, or their designee:
(a) 
Irrigation of public parks and recreation fields outside the hours of 9:00 a.m. to 5:00 p.m.;
(b) 
Irrigation to establish replanted or resodded lawn or plantings during the months of May and September;
(c) 
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
(d) 
Filling of privately owned outdoor pools.
D. 
Person shall mean any individual, corporation, trust, partnership, association, agency or authority, or other entity, and any officer, employee, group or agent of such persons.
E. 
State of Drought shall mean 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.
F. 
State of Water Supply Emergency shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under M.G.L. c. 21G, §§ 15 through 17.
G. 
State of Water Supply Conservation shall mean a State of Water Supply Conservation declared by the Town pursuant to § 117-5 of this bylaw.
H. 
Water Customers shall mean all persons using the municipal water supply irrespective of that person's responsibility for payment for use of the water.
I. 
Water Users shall mean all persons using the municipal water supply or using privately owned wells within the Town of Harvard.
A. 
The Town, through its Board of Water Commissioners or their designee authorized to act as such:
(1) 
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
(2) 
Shall declare a State of Water Supply Conservation as necessary to ensure compliance with the Water Management Act.
B. 
Upon notification to the public that a State of Water Supply Conservation has been declared, no water user shall violate any provision, restriction, requirement or condition of the declaration. Public notice of a State of Water Conservation shall be given under § 117-9 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 § 117-9 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 Massachusetts Department of Environmental Protection, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the Department 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 § 117-9 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 acceptable in § 117-4. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 117-9.
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 a 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.
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 of 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, web sites, public service announcements on local media, reverse 911 calls 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 shall be made as soon as possible, but not later than 48 hours after the public water system receives notice of the Department's declaration of a State of Water Supply Emergency, by publication in a newspaper of general circulation with the Town and by signage on major roadways or intersections. Notification may also include email, web sites, 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.
C. 
Any restriction imposed pursuant to § 117-5 or § 117-6 or in the Department's State of Water Supply Emergency or order shall not be effective until notification to the public is provided.
D. 
Notification of MassDEP: 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 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 § 117-9A for notice of its imposition.
Upon notification to the Town Water Commissioners, or their designee, that the declaration of a State of Drought has been terminated by the Massachusetts Secretary of Energy and Environmental Affairs, the public will be notified of the termination in the same manner as is required in § 117-9A for notice of its imposition.
Upon notification to the Town Water 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 § 117-9B for notice of its imposition.
A. 
The Town through its Water Commissioners, Board of Health, or their designee including the Director of the Department of Public Works, Building Commissioner and/or Town police may enforce this bylaw. Any person violating this bylaw shall be liable to the Town in the amounts listed below:
(1) 
First violation: written warning.
(2) 
Second violation: $100.
(3) 
Third violation: $200.
(4) 
Fourth and subsequent violations: $300.
B. 
Each day of violation shall constitute a separate offense. Fines shall be recovered by complaint before the District Court Department, or by noncriminal disposition in accordance with Section 21D of Chapter 40 of the Massachusetts General Laws. For purposes of noncriminal disposition, the enforcing person shall be any police officer of the Town, or the Board of Health Agent, or the Director of the Department of Public Works or said Director's designee. If a State of Water Supply Emergency has been declared the Water Commissioners may, in accordance with Massachusetts General Laws Chapter 40, Section 41A, shut off the water at the meter or the curb stop for public water supplies.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.