[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:
The Director of the Division of Public Works for the Town
of North Andover.
Any individual, corporation, trust, partnership or association,
or other entity.
The North Andover municipal water supply system withdrawing
water from Lake Cochichewick.
A State of Water Supply Conservation declared by the Town pursuant to § 185-4 of this bylaw.
A State of Water Supply Emergency declared by the Department
of Environmental Protection under MGL c. 21G, §§ 15
and 17.
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.Â
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.Â
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.Â
Outdoor water use ban. Outdoor water use by water users is prohibited.
A.Â
Notification of DEP.
(1)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
