This bylaw is adopted by the Town under its police powers pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article LXXXIX, to protect public health and welfare and pursuant to 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 under MGL c. 21G, §§
15 through
17.
The purpose of this bylaw is to protect, preserve and maintain the public health, safety and welfare whenever a Restriction or Ban of Water Use is declared, by ensuring an adequate supply of water for drinking and fire protection and to protect the quality and quantity of water in local aquatic habitats such as ponds, rivers and wetlands. This purpose will be accomplished by providing for the imposition and enforcement of any duly implemented restrictions, requirements, provisions or conditions on water use imposed by the Town in accordance with this bylaw, the Town of Ipswich Water Rules and Regulations and/or by the Department of Environmental Protection under its state law authorities.
All users of the public water supply system and users of private water sources, exclusive of stormwater harvested and stored in tanks or cisterns, shall be subject to this bylaw.
AGRICULTURE Farming in all its branches as defined at MGL c. 128, § 1A.
DEPARTMENT The Massachusetts Department of Environmental Protection (DEP).
DROUGHT MANAGEMENT PLAN The Town of Ipswich Drought Management Plan, Appendix VII of the Town of Ipswich Water Rules and Regulations.
PERSON Any individual, corporation, trust, partnership, association, agency or authority, or other entity and any officer, employee, group or agent of such persons.
TOWN The Town of Ipswich.
WATER CUSTOMERS All persons using the public water supply irrespective of that person's responsibility for billing purposes for use of the water.
WATER SOURCES All municipal water sources, all private wells, waterways, ponds, rivers and wetlands, excluding harvested stormwater.
WATER USERS All persons using water within the Town, including private water sources.
The Town, through its Board of
Water Commissioners or its designee authorized to act as such, may restrict or ban the use of
water as set forth in Article
I, Section
7 of the
Water Rules and Regulations. Upon notification to the public that
water use is being restricted or banned, no person shall violate any provision, restriction, requirement or condition of the declaration. The
Water Commissioners may designate the
Water Director or Town Manager to declare a Restriction or Ban of
Water Use at any time that conditions warrant. Public notice of a Restriction or Ban of
Water Use shall be given under §
220-8A of this bylaw before it may be enforced.
Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by the DEP, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the DEP for the purpose of bringing about an end to the State of Water Supply Emergency.
A Restriction or Ban of
Water Use may be terminated by a majority vote of the Board of
Water Commissioners or by decision of their designee upon a determination by either or both of them that the conditions requiring the Restriction or Ban of
Water Use no longer exist. Public notification of the termination of a Restriction or Ban of
Water Use shall given in the same manner as is required in §
220-8A for notice of its imposition.
Upon notification to the Town that the declaration of a State of
Water Supply Emergency has been terminated by the DEP, the public will be notified of the termination in the same manner as is required in §
220-8B for notice of its imposition.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
The Water Commissioners may regulate the registration, specifications, installation and monitoring of in-ground irrigation systems and appurtenances for all water users.