[Adopted 2-3-1998 by Doc. 31;
amended in its entirety 8-23-2016 by Doc. 92-B]
This article is adopted by the City under its police powers
to protect public health and welfare and its powers under MGL c. 40,
§ 21 et seq., and implements the City's authority to
regulate water use pursuant to MGL c. 41, § 69B. This article
also implements the City's authority under MGL c. 40, § 41A,
conditioned upon a declaration of water supply emergency issued by
the Commonwealth of Massachusetts Department of Environmental Protection
(MassDEP).
The purpose of this article 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 City or by the Department
of Environmental Protection.
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).
Any individual, corporation, trust, partnership or association,
or other entity.
A State of Water Supply Conservation declared by the City pursuant to § 250-25 of this article.
A state of water supply emergency declared by the Department
of Environmental Protection under MGL c. 21G, §§ 15
through 17.
A specific relationship between a reservoir's level
and storage capacity expressed in percent.
All public and private users of the City's public water
system, irrespective of any person's responsibility for billing
purposes for water used at any particular facility.
The City, through its Water Division, may declare a State of Water Supply Conservation upon a determination by the Director or Deputy Director of Public Works that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers and to ensure compliance with the City's obligation under the Water Management Act. Public notice of a State of Water Supply Conservation shall be given under § 250-27 of this article before it may be enforced.
A.
The City, through its Water Division, shall monitor the state of
water supply. The City shall implement water conservation measures
in stages based on trigger levels as set forth below.
|
Drought Status
|
Trigger Level
|
Trigger Action
| |
|---|---|---|---|
|
Watch
|
5% reduction in Kenoza Lake supply capacity
|
Notice may be issued to all water consumers of the drought watch condition in accordance with § 250-27.
| |
|
Warning
|
10% reduction in Kenoza Lake supply capacity
| ||
|
Emergency
|
20% reduction in Kenoza Lake supply capacity
|
Notice shall be issued to all water consumers of the drought emergency status in accordance with § 250-27. All water consumers shall be required to comply with mandatory water conservation measures as described in § 250-26. All water consumers shall also be required to comply with any additional mandatory water conservation measures as may be mandated by the city through its Water Division.
| |
|
Critical
|
35% reduction in Kenoza Lake supply capacity
|
Notice shall be issued to all water consumers of the critical drought status in accordance with § 250-27. All water consumers shall be required to comply with mandatory water conservation measures as described in § 250-26 in addition to those additional measures enacted to preserve the public water supply.
|
B.
In the event that the trend of the City's water supply is declining
at a rate, as monitored and forecast by the Water Division, the City
may elect to enact any one of the above drought status conditions
to preserve the condition of the water supply.
A declaration of a State of Water Supply Conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements, as determined by the Director or Deputy Director of Public Works, shall be included in the public notice required under § 250-27.
A.
Nonessential outdoor water use days. Nonessential outdoor water use,
by water users, is permitted only on the days per week specified in
the State of Water Supply Conservation or State of Water Supply Emergency
and public notice thereof.
B.
Nonessential outdoor water use ban. Nonessential outdoor water use
is prohibited at all times.
C.
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 Conservation and public notice thereof.
D.
Automatic sprinkler use. The irrigation of lawns via sprinklers or
automatic irrigation systems is prohibited.
E.
All other nonessential outdoor water use not specifically mentioned
above as specified in the State of Water Supply Conservation or State
of Water Supply Emergency and public notice thereof.
A.
Unless the drought status reaches emergency or critical, as certified
by the Water Division and the Director of Public Works or Deputy Director
of Public Works, then the following items may be exempted as nonessential
outdoor water use.
(1)
Irrigation with harvested and stored stormwater runoff;
(2)
Water use for the purposes of agriculture;
(3)
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).
B.
The following outdoor water uses are subject to review and approval
by the City, through its Water Division:
(1)
Irrigation of public parks and recreation fields by automatic
sprinkler before 7:00 a.m. and after 7:00 p.m.;
(2)
Irrigation to establish replanted or resodded lawn or plantings
during the months of May and September;
(3)
Irrigation of newly planted lawns (seeded or sodded) in the
current calendar year for homes or businesses newly constructed in
the previous 12 months;
(4)
Irrigation of gardens, flowers and ornamental plants by means
of hand-held hose or drip irrigation systems; and
(5)
Irrigation of established lawns by means of a hand-held hose
only.
A.
Notification of any provisions, restrictions, requirements or conditions
imposed by the City as part of a State of Water Supply Conservation
shall be published in a newspaper of general circulation within the
City, or by such other means reasonably calculated to reach and inform
all users of water of the State of Water Supply Conservation. Any
restriction imposed under this section shall not be effective until
such notification is provided, but no later than 48 hours after the
declaration of a State of Water Supply Conservation. The City may
also notify the public using other means determined to be appropriate.
Notification may also include e-mail, websites, public service announcements
on local media or other such means.
B.
Submittal of MassDEP's form "Notification of Water Use Restriction"
shall be provided to the Massachusetts Department of Environmental
Protection per MassDEP regulations [310 CMR 22.15(8)].
A State of Water Supply Conservation may be terminated by the Director or Deputy Director of Public Works of the Water Division 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 required by § 250-27 for notice of its imposition.
A.
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 intended
to bring about an end to the state of emergency.
B.
Notification of any provisions, restrictions, requirements or conditions
imposed by the declaration of a State of Water Supply Emergency shall
be published in a newspaper of general circulation within the City,
or by such other means reasonably calculated to reach and inform all
users of water of the State of Water Supply Emergency. Any restriction
imposed under this section shall not be effective until such notification
is provided, but no later than 48 hours after the declaration of a
State of Water Supply Emergency. The City may also notify the public
using other means determined to be appropriate. Notification may also
include e-mail, websites, public service announcements on local media
or other such means.
Upon notification to the City 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 § 250-29 for notice of its imposition.
B.
Fines shall inure to the City for such uses as the Director or Deputy
Director of Public Works may direct. Each day of violation shall constitute
a separate offense. Fines shall be recovered by indictment, or by
complaint before the District Court, or by noncriminal disposition
in accordance with MGL c. 40, § 21D. For purposes of noncriminal
disposition, the enforcing person shall be any police officer of the
City or the Director or Deputy Director of Public Works or their designee.
If a State of Water Supply Emergency has been declared, the Water
Division 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 article shall
not invalidate any other portion or provision thereof.
