Any violations of these regulations may result in the Superintendent ordering the shutting off of the water to the violator's premises. When the water has been shut off for violations of rules, or their offense, it shall not be turned on again until the Division is satisfied that there shall not be further cause of complaint and charges have been paid to cover the cost of shutting off and turning on the water.
[Amended 4-30-1996 ATM by Art. 39]
Any consumer found to be in noncompliance with the drinking water regulations of Massachusetts, 310 CMR 22.22, shall be punished by the Commonwealth of Massachusetts, Department of Environmental Protection by a fine of not more than $25,000 for each day that violation occurs or continues.
No treatment shall be added to water supplied by the town, subject to a fine established by the Water Commissioners for individual offenses.
[Amended 6-12-2000 STM by Art. 8]
A.
Authority.This section is adopted by the Town 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 section also implements the Town's authority under MGL c. 40, § 41A, conditioned upon a declaration of a water supply emergency issued by the Department of Environmental Protection.
B.
Purpose. The purpose of this section 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 Department of Environmental Protection.
C.
Definitions.
(1)
Person shall mean any individual, corporation trust, partnership or association, or other entity.
(2)
State of Water Supply Emergency shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under MGL c. 21G, § 15-17.
(3)
State of Water Supply Conservation shall mean a State of Water Supply Conservation declared by the Town pursuant to Subsection D of this section.
(4)
Water Users or Water Consumers shall mean all public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility.
D.
Declaration of a State of Water Supply Conservation. The Town, through its Water Commission, may declare a State of Water Supply Conservation upon a 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 water consumers. Public notice of a State of Water Conservation shall be given under Subsection F of this section before it may be enforced.
E.
Restricted water uses. 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 public water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under Subsection F.
[Amended 11-17-2008 STM by Art. 9]
(1)
Mandatory outside water restrictions shall be in place annually from May 1st to November 1st. Lawn watering will be allowed under the odd-even restrictions: customers at an odd-numbered address can water on odd-numbered days; those at even-numbered addresses can water on even-numbered days.
(a)
Phase I:
[1]
Even numbered addresses will be restricted to allow lawn watering only between the hours of 5:00 AM to 8:00 AM and 6:00 PM to 9:00 PM.
[2]
Odd numbered addresses will be restricted to allow lawn watering only between the hours of 5:00 AM to 8:00 AM and 6:00 PM to 9:00 PM.
[3]
Handheld hoses will be allowed anytime.
(b)
Phase II:
[1]
Even numbered addresses will be restricted to allow lawn watering only on Monday and Thursday between the hours of 5:00 AM to 8:00 AM and 6:00 PM to 9:00 PM.
[2]
Odd numbered addresses will be restricted to allow lawn watering only on Tuesday and Friday between the hours of 5:00 AM to 8:00 AM and 6:00 PM to 9:00 PM.
[3]
Handheld hoses will be allowed anytime.
(c)
Phase III:
(d)
Phase IV: All nonessential outdoor water use is prohibited.
(e)
Phase V: All outdoor water use is prohibited.
(2)
"Nonessential outdoor water use" includes 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, greens, and limited fairway watering, or irrigation by plant nurseries as necessary to maintain stock).
(3)
Examples of acceptable outdoor water uses include: irrigation to establish a new lawn during the months of May and September in accordance with Phase II restrictions and only with approval of the Water Operations Manager or Superintendent; irrigation of public parks and recreational fields in accordance with Phase II restrictions and only with approval of the Operations Manager; and irrigation of gardens, flowers, and ornamental plants via hand held hoses only.
F.
Public Notification of a State of Water Supply Conservation; Notification of DEP. 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, 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 Subsection E 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.
G.
Termination of a State of Water Supply Conservation; Notice. A State of Water Supply Conservation may be terminated by a majority vote of the Water Commission, upon a determination that the water supply shortage no longer exists. Public notification of the termination a State of Water Supply Conservation shall be given in the same manner required by Subsection F.
H.
State of Water Supply Emergency; Compliance with DEP Orders. 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.
I.
Penalties. Any person violating this section shall be given a written warning for the first violation. Any person violating this section shall be liable to the Town in the amount of $50 for the second violation and $100 for each subsequent violation which shall inure to the Town for such uses as the Water Commission may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with MGL c. 40, § 21D. Each day of violation shall constitute a separate offense.
[Amended 5-16-2011 ATM by Art. 38]
Tampering with, hindering, altering or intentionally damaging water meters are offenses subject to fines and penalties under Mass General Law Chapter 165 Section 11, as amended by Chapter 374 of the Acts of 2010 along with the authority provided under MGL c. 40, § 39G.
A.
Meter tampering first offense. Upon identification of a first offense of meter tampering the town, acting by and through its DPW, shall issue a fine of $1,000 or triple the amount of any damages, whichever is greater. Damages shall include the value of the water, cost of the damaged equipment and all labor costs incurred.
Any person or persons willfully defacing and/or littering upon town-owned property located within its watershed shall be fined no less than $300.