[HISTORY: Adopted by the Board of Water Commissioners of
the Town of Harvard 2-18-2015.
Amendments noted where applicable.]
A.
The following regulations are a part of the contract with every person
who takes, purchases, or consumes water, and governs the relation
between the Water Department and its consumers. The Board of Water
Commissioners shall set fees for the equitable distribution of costs
resulting from the programs established herein under MGL c. 40, §§ 42-A
to 42-1.
B.
All prior and existing rules and regulations are hereby rescinded
and these rules and regulations are substituted in place.
As used in this chapter, the following terms shall have the
meanings indicated:
One whose property abuts, is contiguous to, or joins at the
border or boundary of a public right-of-way in which a main pipe is
to be or has been installed.
The flow of water or other liquids, mixtures, or substances
into the municipal water system from any source other than the intended
source.
A Water Department approved device, which operates as a check
valve on the service pipe to prevent any material from being forced
or drawn into the municipal water system, thereby contaminating the
potable water supply.
Appointed officials who have exclusive charge and control
of the Water Department and water system, subject to all lawful bylaws
and to such instructions, rules and regulations as the Town may from
time to time impose by its vote. They regulate the use of the water
and fix and collect just and equitable prices and rates for the use
thereof. They develop and oversee the budget and finances of the Department.
The individual, firm, or corporation whose name the Water
Department has on its books as the party who has applied for water
service, or any individual, firm, or corporation who, in fact, uses
the water services of the Town of Harvard.
The valve located at the service main which the Water Department
alone may use to turn on or shut off service to the premises.
Any actual or potential physical connection or arrangement
between two otherwise separate systems, one of which contains potable
water, and the other which contains material of unknown or questionable
safety, including water containing any physical, chemical, biological,
or radiological substance or matter.
The valve located at or adjacent to the consumer's property
line, which the Water Department alone may use to turn on or shut
off service to the premises.
Department of Environmental Protection.
The Director of the Town of Harvard's Department of
Public Works, unless another person is appointed by the Water Commissioners,
will serve as Director of Water Operations and have responsibility
for the operation of Harvard's municipal water supply. The Director
of Water Operations:
Administers and manages the Department and water system infrastructure
using policies of the Board of Water Commissioners, the municipal
water supply laws of the commonwealth, and the regulations of the
commonwealth's Department of Environmental Protection, Department
of Environmental Management, and the Office of the Inspector General
(MGL c. 30B);
Reports to the Board of Water Commissioners every two weeks
on average; and
At all other times, acts under his/her own judgment and develops
and implements strategy for emergency situations as well as day-to-day
operations.
The supply pipe lay in the street, from which house connections
are made.
A device used to measure the quantity of water supplied to
the consumer.
The device placed by the Water Department on the outside
surface of the consumer's premises permitting the Water Department
to determine water consumption based on a meter reading without entering
the premises.
The consumer's property or building(s) thereon to which
service is provided.
The full strip of land designated as a way, consisting of
the roadway and any planting strips and sidewalks. A way so designated
shall not be available for any private construction.
Drawings which show size and location of water main installation,
including mains, service lines, tees, elbows, plugs, caps, stubs and
hydrants, etc., with triangulation ties noted.
A separate household of one or more people, stores, garages,
laundries, manufacturing establishments, or in the opinion of the
Board of Water Commissioners, whatever constitutes a service shall
pay a minimum charge per quarter.
The pipe running from the main in the street to include a
curb stop and curb box at the property line, a shutoff valve, meter
and meter connection, usually inside the cellar wall.
A right acquired by a public authority or other person for
use or control of property for utility or other designated public
purpose.
A.
The Harvard Water Department does not guarantee the consumer a full
volume of water beyond optimal service levels, or the required pressure
per square inch necessary to effectively operate hydraulic elevators,
sprinkler systems, or other appliances, the same being subject to
all the variable conditions that may take place in the use of water
from the municipal water system.
B.
No consumer shall be entitled to damages, or to have payment refunded,
for any interruption of supply occasioned either by accident to any
portion of the municipal water system, or by shutting off for the
purpose of additions or repairs to the municipal water system, or
by the stoppage or shortage of supply due to causes beyond the control
of the Water Department, including, without limitation thereof, drought,
earthquake, fire or flood.
C.
The Harvard Water Department will not be responsible for damages
caused by discolored water resulting from the opening or closing of
any gate for repairs, the use of any hydrants, or the breaking of
any pipe.
D.
The Harvard Water Department assumes no liability for conditions
which exist in consumers' pipes and cause trouble coincident
to or following the repairs of any main pipe, service pipe, meter,
or other appliance belonging to the Water Department.
E.
The Harvard Water Department reserves the right at any time without
notice to shut off the water in the municipal water system for the
purpose of making repairs, extensions, or for other necessary purposes.
As far as time permits, the Water Department shall make every reasonable
attempt to notify customers. Persons having boilers or other appliances
on their premises depending on the pressure in the pipes to keep them
supplied with water, are hereby cautioned against danger from these
sources, and are required to provide, at their own expense, suitable
safety appliances to protect themselves against such danger. In any
event, it is expressly stipulated that the Water Department will not
be liable for any damage resulting from water having been cut off,
either through accident or necessity, but shall only be liable for
injury or damage resulting from its failure to use reasonable care
during such cutoffs.
F.
The Town of Harvard municipal water system, the Department and the
Town will not be responsible for enhancing the pressure and flow beyond
the curb stop.
A.
The Board of Water Commissioners has the right to restrict the use
of water during dry seasons or under any other emergency conditions.
(MGL c. 40, § 41A). (Pending approval of the appropriate
Town Meeting Warrant article, the Board of Water Commissioners requires
DEP approval to issue a mandatory water ban.)
B.
All persons are forbidden to shut off water from any pipe or hydrant
of the Water Department without the approval of the Board of Water
Commissioners or Director. No person, without the consent of the Director,
or other authorized representative, shall open a hydrant, or any other
fixture intended only for fire protection, for any purpose other than
extinguishing a fire, except a fireman, without prior approval, for
the purpose of practice. Only Water Department personnel, or persons
authorized by the Water Department, may open hydrants for other approved
uses. Where use of water from a hydrant, for a purpose other than
extinguishing a fire, has been requested and approved, the usage shall
be metered and appropriate rates shall be charged.
C.
Any extension of the Town of Harvard municipal water system requires a vote of Town Meeting per Article 8 of the March 30, 1974, Harvard Annual Town Meeting. Any eligible person or corporation who desires a water main extension in Harvard must first make a written request to the Water Department to see if there is capacity to supply the water. All Water Department specifications must be followed. Record drawings are required for all main and service installations. All costs, including engineering, are to be the responsibility of the applicant or owner.
D.
Specifications will include, but will not be restricted to, the size
of the main, services, valves, and meters, hydrants as needed, loops
where beneficial, materials, and testing.
E.
No representative of the Water Department has the authority to change
or modify said rules, and the Water Department will not recognize
or be bound by any claimed change or modification hereof. The rules
and regulations of the Water Department may be altered or amended
at the discretion of the Board of Water Commissioners, and shall form
a part of the contract with every water taker and all persons taking
water from the Department shall be deemed to accede to and be bound
thereby.
F.
The Board of Water Commissioners reserves the right to change or
amend these rules and regulations, except for rates and fees, and
make additions to them or exceptions to them, at any time without
advance notice, and to establish and assess penalties for violations,
including the right to suspend water service. Any changes are subject
to the public hearing process.
G.
The Water Department in no way assumes any responsibility for frozen
service lines. Necessary thawing of lines and any repairs are the
responsibility of the owner, and bills submitted for these charges
are payable upon presentation. No electrical or telephone grounds
are allowed on water service lines.
H.
The Chairman of the Board of Water Commissioners or, in his absence,
the Director of Water Operations, may declare voluntary water usage
restrictions. Mandatory water usage restrictions or emergencies will
be declared in accordance with town bylaws and DEP regulations.
A.
Service connections shall be made under the direction of the Director
or his/her representative. No dwelling, house, or other building or
structure shall be connected by any service pipe, nor shall any person
otherwise use the water supplied by the Water Department, except with
the consent of the Director or his/her representative.
B.
Request for water service connections shall be made, in writing,
by the owner or his agent and must indicate the service required,
location of the service and date the service is desired. The estimated
cost of such a service may be furnished by the Water Department on
request. This cost may include payment for any previously installed
curb stops or service connections that are used by the new service.
The owner or his agent will be billed for any parts, materials and
labor provided.
C.
Single-family household connections shall be one-inch copper to the
meter. In all other cases, the owner or his agent (architect, contractor)
shall consult with the Director of Water Operations.
D.
The Water Department will not allow the water to be turned on to
any new service unless all charges due the Water Department have been
paid in full.
E.
Any required booster pumps and/or reducing valves need prior approval
by the Director of Water Operations.
F.
Only authorized contractors working under Water Department supervision
shall lay any service pipes from the municipal water system to the
inside of the basement wall, or such other point on the owner's
premises as shall be designated. A suitable place shall be provided
for the water meter.
G.
All work performed by outside contractors must be approved by the
Harvard Water Department. The Department may ask for proof of performance
and the Department's decision is final. Inspection will be by
the Harvard Water Department or its representative. Contractors will
be charged at the current rate for such services. Record drawings
of all services will be prepared and kept by the Water Department.
H.
Installation shall be at depth, bedding, and other details as specified
by the Water Department. Installation shall be performed by, or under
the direction of, the Department. The Department shall approve the
installation before trenching is backfilled.
I.
The Water Department in no way assumes any responsibility for re-seeding
of lawns or replacement of shrubs damaged in the performance of this
work.
J.
The Water Department is responsible for the water main and any service
line to the curb stop at the property line. The owner shall maintain
in good condition all outside service pipes and fittings from the
property line through the meter and shall protect same from freezing.
Necessary repairs, including but not limited to leaks, defective meters
and outside lines, including complete service replacement from the
property line, are the responsibility of the owner, and bills submitted
for these charges are payable upon presentation.
K.
A fire service line is entirely the responsibility of the owner from
connection at the main to any structure.
A.
All water services shall be metered, and where there is more than
one tenant or occupant on the premises, the meter rates and rules
and regulations of the Water Department shall apply to each. In all
cases, the deeded owner of the property supplied shall be held responsible
for the water rates and all other charges, including that of all tenants
or occupants.
B.
The Water Department will furnish, install and/or supervise installation,
seal and maintain all meters and remote readers. The owner will provide
a readily accessible, adequate and proper space or housing, heated
if necessary, to protect it from freezing. Original installation of
meter and cost of repair or replacement of seals, meters, or remote
readers, when damaged by freezing, neglect, tampering or vandalism
shall be paid by the property owner. All metering equipment is the
property of the Water Department.
C.
Meters, readers, and seals may not be removed except by, or under
the supervision of, Water Department personnel. Only Water Department
personnel may remove or replace the seals, which, if broken, may indicate
the meter has been tampered with.
D.
The owner, tenant, or occupant shall not permit unauthorized persons
to have access to, or interfere with, a water meter, and shall provide
for its safekeeping. Failure to comply will result in discontinuance
of service.
E.
The Water Department is not responsible for leaks on the users'
premises. Water passing through a meter is considered to have been
consumed.
F.
The Water Department will test, remove, repair and/or replace meters
up to a one-inch service as a part of regular maintenance. If the
meter is over one inch, it will be maintained at the customer's
expense.
G.
All meters are tested to make sure they work and are accurate prior
to installation. The accuracy of the meter of any premises will be
tested by the Water Department upon written request of the owner,
who shall pay, in advance, a fee to cover the cost of the test. If,
on such test, the meter is found to register over 2% more water than
actually passes through it, the meter will be repaired, at the Water
Department's expense, the advance fee will be refunded, and the
water bill for the current period will be adjusted in accordance with
the result of the test. If, however, it appears that the meter has
been registering less water than actually passed through it, the customer
will pay for the test, as well as for the additional water used.
H.
Upon request, agents or representatives of the Water Department shall
be provided access to the premises of a consumer, during Water Department
business hours, for the purpose of reading meters, inspecting or examining
pipes, fixtures, or attachments or backflow devices used by the owner,
tenant or occupant. Water service may be discontinued until such access
is provided.
I.
Each residentially occupied building shall have a separate meter
and a separate account. No person shall attach, or cause to be attached,
a pipe to a metered service pipe or main for the purpose of furnishing
water to an unmetered building, except with the written consent of
the Board of Water Commissioners.
J.
An owner should notify the Water Department if a building is vacant
and the owner desires to shut off the water. The owner will be responsible
for a turnoff charge and a turn-on charge if and when the service
is reactivated. The owner will be charged a minimum water usage bill
each billing period during which if the water is not turned off. The
Water Department is not responsible for water used if pipes freeze
in a vacant, unheated building. Customer may be charged, based upon
an estimate, for any water used and not recorded due to damage to
the meter or before the meter.
K.
For those consumers having outside recorders, the Water Department
will periodically read the inside meter to verify the accuracy of
the outside recorder. In case of a discrepancy between the two readings,
the inside meter reading will be considered the true reading, and
the consumer's bill will be adjusted accordingly.
The Board of Water Commissioners will establish fees for miscellaneous
services provided by the Water Department and rates for water usage.
The Commission will hold a public rate hearing before any rate is
changed. The fee and rate schedule will be published separately.
A.
All complaints concerning the water system must be made, in writing,
to either the Director of Water Operations or one of the Water Commissioners.
At their individual discretion, the Director of Water Operations or
any one of the Water Commissioners may enter a written complaint if
any complaint is received verbally.
B.
The Director of Water Operations shall keep a copy of all written
complaints received and a written record of the resolution.
A.
The Water Department will take such action as is necessary to protect
the water supply serving the Town of Harvard and to ensure that the
rules and regulations of the Department of Environmental Protection
relating to public water supplies are complied with.
B.
No septic system may be constructed or expanded within the zone of
protection of the Town of Harvard water supply unless a determination
is made by the Water Commissioners that said construction or expansion
will not be detrimental to the water supply.
