[Adopted 4-24-2017 ATM
by Art. 33[1]]
[1]
Editor's Note: This Article also repealed former Art. I, Water
Conservation, adopted as Art. IV, Sec. 29, of the 1926 Bylaws, as
amended.
This Article is adopted by the Town of Medfield under its police
powers to protect public health, safety and welfare and implements
the Town's authority to regulate, limit and prohibit water use. This
Article also implements the Town's authority under MGL c. 40, § 41A,
conditioned upon a declaration of water supply emergency issued by
the Department of Environmental Protection.
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 water ban by providing for enforcement
of any duly-imposed prohibitions, restrictions, requirements, provisions
or conditions imposed by the Town or by the Department of Environmental
Protection.
For the purpose of this Article, the following terms shall have
the meanings indicated:
The system of Town-owned wells and pipes used to distribute
drinking water and provide fire protection as well as all sources
for said water, including subsurface aquifer(s).
Any individual, corporation, trust, partnership or association,
or other entity located in Medfield and who is connected to the Medfield
water supply.
A state of water supply conservation declared by the Town pursuant to § 270-5 of this Article.
A state of elevated water restrictions declared by the Town pursuant to § 270-7 of this Article.
As required by the Town's Water Management Act permit, the Board of Selectmen, upon recommendation of the Board of Water and Sewerage, shall declare a state of water supply conservation no later than the first Monday in June through, at the earliest, the second Monday in September each year. Outdoor water use restrictions outlines in § 270-6 shall be applicable to all water users of the public water system regardless of any person's responsibility for paying water bills for water used at any particular facility. The Board of Selectmen may extend the state of water supply conservation if they determine that a shortage of water exists, or may reasonably be determined to be imminent, and that conservation measures are appropriate to ensure the safe and adequate supply of water to all water consumers.
A declaration of a state of water conservation shall include, but not be limited to, one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 270-9.
If the Board of Selectmen, upon recommendation of the Board of Water and Sewerage, make a specific finding that the shortage of water exists because of a clear and imminent threat to the aquifer(s) underlying Medfield, such threats to include severe drought or environmental pollution, the Board of Selectmen may elevate the state of water supply conservation to a water ban, either partial or total. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 270-9.
A.
A declaration of a partial water ban may include, but not be limited to, one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 270-9.
(1)
Prohibition on the use of sprinklers and automatic sprinkler systems.
(2)
Limitation on outdoor watering to handheld watering of vegetable
and flower gardens.
(3)
Prohibition on handwashing of exterior building surfaces, parking
lots, sidewalks, driveways and patios.
(4)
Prohibition on washing of vehicles, except in commercial car washes.
(5)
Mandatory water use reductions by commercial/industrial users.
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a state of water supply conservation or water ban shall be published on the official Town of Medfield website, or by such other means reasonably calculated to reach and inform users of water of the state of water supply conservation. Any restriction imposed under § 270-6 or § 270-8 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 or water ban may be terminated by the Board of Selectmen, upon recommendation of the Board of Water and Sewerage, upon their determination that the water supply shortage no longer exists. Public notification of the termination of a state of water supply conservation or water ban shall be given in the manner provided in § 270-9.
If the Department of Environment Protection declares a state
of water supply emergency under MGL c. 21G, § 15-17, 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.
Persons who have private wells for lawn irrigation must prominently
display signs visible to the public that include the following phrase
"PRIVATE WELL WATER IN USE." Signs must be displayed whenever the
irrigation system is in use. False posting is prohibited.
The Board of Selectmen and their designee(s), Director of Public
Works and his designee(s), Medfield Police Department, Building Commissioner,
Conservation Agent, and Board of Health Agent shall each have authority
to enforce the provisions of this Bylaw.
