[HISTORY: Adopted by the Town Meeting of the Town of Wenham 5-4-1996 (former Ch. XXI); amended 5-5-2007; 5-3-2008. Subsequent amendments noted where applicable.]
This bylaw is adopted by the Town of Wenham under its police
powers to protect public health and welfare and its powers under MGL
c. 40, § 21 et seq., and implements the Town's 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 Massachusetts Department of Environmental Protection.
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 Massachusetts
Department of Environmental Protection.
As used in this bylaw, the following terms shall have the meanings
indicated:
Any individual, corporation, trust, partnership or association,
or other entity.
A state of water supply conservation declared by the Town of Wenham Water Commissioners pursuant to § 246-4 of this bylaw.
A state of water supply emergency declared by the Massachusetts
Department of Environmental Protection under MGL c. 21G, §§ 15
to 17.
All public and private users of the Town of Wenham's public
water system and/or of groundwater within the borders of the Town
of Wenham and extracted from the Ipswich River watershed. The restrictions
shall apply to all water used in the Town of Wenham, to include Town
water and water supplied by private wells, irrespective of any person's
responsibility for billing purposes for water used at any particular
facility. Seasonal restrictions shall prohibit outdoor watering through
a sprinkler or lawn irrigation system between the hours of 9:00 a.m.
and 5:00 p.m. between May 1 and September 30 of each year, using Town
water or private well water.
The Town of Wenham, through its Board of Water Commissioners, 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, to include firefighting operations, and to ensure compliance with the Massachusetts Department of Environmental Protection's permitted and registered withdrawals. Public notice of a state of water supply conservation shall be given under § 246-6 of this bylaw before it may be enforced.
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 shall be included in the public notice required under § 246-6.
A.
Odd/even day outdoor watering. Outdoor watering by water users with
odd-numbered addresses is restricted to odd-numbered days. Outdoor
watering by water users with even-numbered addresses is restricted
to even-numbered days.
B.
Outdoor watering ban. Outdoor watering, including but not limited
to use of water for irrigation and automobile, property and building
washing, is prohibited.
C.
Outdoor watering hours. Outdoor watering is permitted only during
daily periods of low demand, to be specified in the declaration of
a state of water supply conservation and public notice thereof.
D.
Rain/moisture sensors. All new automatic irrigation systems shall
have a moisture or rain sensor installed as part of the system to
prevent unnecessary watering. All existing automatic irrigation systems
shall have a moisture or rain sensor installed as part of the system.
E.
Filling swimming pools. Filling of swimming pools is prohibited.
F.
Outdoor sprinkler use. The use of lawn and garden sprinklers of all
types, including the use of automatic sprinkler systems, is prohibited.
Hand watering is permitted.
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, by mail, 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 § 246-5 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.
A state of water supply conservation may be terminated by a majority vote of the Board of Water Commissioners, upon 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 § 246-6.
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 emergency.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
