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Town of North Andover, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of North Andover as indicated in article histories. Amendments noted where applicable.]
This bylaw 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 bylaw 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 bylaw is to protect, preserve and maintain 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.
As used in this article, the following terms shall have the meanings indicated:
DIRECTOR
The Director of the Division of Public Works for the Town of North Andover.
PERSON
Any individual, corporation, trust, partnership or association, or other entity.
PUBLIC WATER SUPPLY
The North Andover municipal water supply system withdrawing water from Lake Cochichewick.
STATE OF WATER SUPPLY CONSERVATION
A State of Water Supply Conservation declared by the Town pursuant to § 185-4 of this bylaw.
STATE OF WATER SUPPLY EMERGENCY
A State of Water Supply Emergency declared by the Department of Environmental Protection under MGL c. 21G, §§ 15 and 17.
WATER USERS OR WATER CONSUMERS
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/location.
The Town, through the Board of Selectman, may declare a State of Water Supply Conservation within the Town's public water system upon a determination by the Director 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 Supply Conservation shall be given under § 185-6 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 public water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 185-6.
A. 
Outdoor water use hours. Outdoor water use by water users is permitted only during daily periods of low demand, at night or early morning.
B. 
Odd/Even day outdoor water use. Outdoor water use by water users with odd-numbered addresses is restricted to odd-numbered days. Outdoor water use by water users with even-numbered addresses is restricted to even-numbered days.
C. 
Outdoor water use ban. Outdoor water use by water users is prohibited.
A. 
Notification of DEP.
(1) 
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 Town water of the State of Water Supply Conservation. Any restriction imposed under § 185-5 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.
(2) 
A State of Water Supply Conservation may be terminated by a majority vote of the Board of Selectmen 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 § 185-6.
Upon notification to the public that the Department of Environmental Protection has issued a State of Water Supply Emergency, 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 Water Supply Emergency.
Any person violating this bylaw shall be subject to a warning for the first offense and thereafter 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 Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by noncriminal disposition in accordance with MGL c. 40, § 21D. For purposes of noncriminal disposition, the enforcing person(s) shall be any police officer of the Town of North Andover. Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
All automatic lawn irrigation systems connected to the municipal water system of the Town of North Andover shall be registered with the Division of Public Works (DPW). A fee may be charged for this registration. The Board of Selectmen shall set registration fees.
A. 
The Town of North Andover shall be protected from a backflow condition from all automatic lawn irrigation systems connected to the municipal water system by the installation of a backflow prevention device approved by the Division of Public Works. Each backflow prevention device shall be registered with the Division of Public Works.
B. 
All new or existing residential, municipal, commercial and industrial property owners are required to install or have in place a backflow prevention device on their automatic lawn irrigation systems. The installation shall be in compliance with 310 CMR 22.22. These devices must be installed on the discharge side of the water meter, preferably indoors, but can be located outside, provided they can easily be removed to protect them from damage by freezing.
C. 
Reduced pressure zone and pressure vacuum breaker type devices shall be tested upon initial installation and thereafter in accordance with 310 CMR 22.22.
A. 
Installations of new automatic lawn irrigation systems connected to the municipal water supply in the Town of North Andover shall be equipped with a rain sensor approved by the Division of Public Works so that watering will be automatically prevented during or after a rain storm.
B. 
Any upgrade or repair of an existing automatic lawn irrigation system shall include the installation of an approved rain sensor if the same is not already installed and in good working condition.
C. 
The Division of Public Works shall maintain a list, available to the public, of approved rain sensors.
Any person violating this bylaw shall be subject to a warning for the first offense and thereafter 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 Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by noncriminal disposition in accordance with MGL c. 40, § 21D. For purposes of noncriminal disposition, the enforcing person(s) shall be any police officer of the Town. Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.