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.