When used in this chapter, unless the context otherwise requires:
CRITICAL WATER SHORTAGE
Shall exist whenever the Board of Selectmen, after there
has been consultation with the water companies and other persons the
Board deems appropriate, determines that the water supplies available
to the Town are at, or are in danger of reaching, levels insufficient
to provide for the normal needs of the public health, preservation
of human life, sanitation, safety, welfare and economy of the Town.
A critical water shortage will also be referred to as a "Stage 2 water
shortage."
PERSON
Shall be construed to mean and include an individual, a corporation,
a partnership, a trust, an unincorporated organization, business organization
of any kind or any other group or organization.
THREATENED WATER SHORTAGE
Shall exist whenever the Board of Selectmen, after there
has been consultation with the water companies and other persons the
Board deems appropriate, determines that the adequacy of the Town
water supply to meet the demands of the Town for health, sanitation
and preservation of businesses is threatened. A threatened water shortage
will also be referred to as a "Stage 1 water shortage."
TOWN
Town means the Town of Simsbury.
VOLUNTARY CONSERVATION MEASURES
Includes any measures recommended by the Board of Selectmen
in an effort to reduce water consumption in Simsbury. These are recommendations
offered without penalty.
WATER
Water from water companies, well water and water sources,
including, but not limited to, community water systems, ponds, lakes,
streams, rivers, and groundwater. Water from rain barrels, cisterns
or similar devices are excluded from this chapter.
WATER COMPANY
The Aquarion Water Company, Connecticut Water Company or
the Tariffville Fire District or their successors and assigns or any
other public utility water company providing public water supply in
the Town.
Upon its determination that there is a Stage 1 threatened water
shortage, the Board of Selectmen may instruct the Town Manager to
prepare and implement a water management plan or, if such a plan already
exists, to update it as the Town Manager deems necessary. Such water
management plan shall address the staffing and processes by which
Town staff will address needs occasioned by the threatened water shortage,
and its implementation may include, among other activities, consultations
with other parties and preparation of recommendations to the Board
of Selectmen, including, among other matters, those concerning voluntary
water conservation matters.
If the Board of Selectmen imposes restrictions under §
157-4 or modifies existing restrictions to make them stricter or more inclusive, it shall notify the Connecticut Department of Public Health, the Connecticut Department of Energy and Environmental Protection, and the Farmington Valley Health District, in writing, within 14 days of the effective date of the restrictions or changes. The Board of Selectmen shall give public notice of such restrictions or changes before they become effective.
Whenever the authorized enforcement agency determines that a person has violated an enacted prohibition as identified in §
157-4 during a Stage 2 critical water shortage, the authorized enforcement agency is authorized to issue a fine to the violator in the amount of $100 for each offense. Each violation of a separate section shall be considered a separate offense and shall not merge with a violation of any other section. Any violation continued more than one day shall constitute a separate offense for each day such violation continues. The Town of Simsbury shall consult with water companies to ensure residents are not penalized by multiple entities for the same offenses.
Any actions of the Board of Selectmen taken under this chapter shall continue in effect until the Board of Selectmen determines that there is no continuing need for restrictions. The Board of Selectmen shall review any finding of a water shortage at least every 30 days from the date of the initial finding. The Board of Selectmen shall cause notice of the various terminations to be published in the manner provided for in §
157-5.
If any part, subsection, sentence, clause, phrase or other portion
of this chapter is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
to be a separate, distinct and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.