[HISTORY: Adopted by the Town Meeting of the Town of Milton
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 6, § 40, of the 3-10-1934 General
Bylaws]
This Bylaw is adopted by the Town of Milton under its home rule
powers and its police powers to protect public health and welfare
and the authorization conferred by the Massachusetts General Laws,
including without limitation G.L. c. 40, S.21 and 21D.
The purpose of this Bylaw is to protect, preserve, and maintain
the public health, safety and welfare whenever there is in force a
state of water supply emergency by providing for enforcement of any
duly imposed provisions, restrictions, requirements, or conditions
imposed by the Town of Milton or by the Massachusetts Department of
Environmental Protection and included in the Town's plan approved
by the Department of Environmental Protection to abate the emergency.
This Bylaw shall apply to all users of water supplied by the
Town of Milton.
For the purpose of this Bylaw:
The Milton Select Board or its designee, or any other Board
or department having responsibility for the operation and maintenance
of the Town's water supply, or its designee, the Milton Police Department,
Milton Special Police, or any other board, commission or department
of the Town of Milton which has police powers.
A state of water supply emergency declared by the Department
of Environmental Protection pursuant to G.L. c. 21G, G.L. c. 111,
S. 160, or by the Governor.
Following notification by the Town of Milton of the existence
of a state of water supply emergency, no person or entity shall violate
any provision, restriction, condition or requirement included in a
plan approved by the Department of Environmental Protection which
has as its purpose the abatement of a water supply emergency.
Any person or entity who violates this By-Law shall receive
a warning for the first violation and shall be liable to the Town
of Milton in the amount of $50 for the second violation and in the
amount of $100 for each subsequent violation, which money shall inure
to the Town of Milton for such uses as the Select Board 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 S. 21D. Each separate instance of noncompliance following the
issuance of any warning or citation pursuant to this section shall
constitute a separate violation.
The invalidity of any portion or provisions of this Bylaw shall
not invalidate any other portion, provision or section.
[Adopted as Ch. 12 of the 3-10-1934 General Bylaws]
The Board of Water Commissioners may from time to time, on such
conditions as may be determined by the Board, receive from prospective
developers of lands in the Town, respectively, sums of money sufficient,
in the opinion of the Board, to cover the estimated expense to the
Town, as certified by the Planning Board or such part thereof as is
to be incurred by the Town, of constructing water mains with all appurtenances
necessary or proper in private ways approved by the Planning Board
under the provisions of General Laws (Ter. Ed.), Chapter 41, as amended
by St. 1936, C211, or as otherwise amended such sums to be paid to
the Town Treasurer to the Credit of the Town, each such sum to be
held as a special fund marked with the name of the depositor and the
way or ways to which the same is applicable, and subject to retention
and appropriation by the Town for the purpose of reimbursing the Town
for moneys expended in constructing water mains and appurtenances
in the respective ways designated for the respective funds and for
the return to the depositor of any unexpended balance as certified
by the Board of Water Commissioners after completion of such water
mains and appurtenances. If such deposit of estimated expense in any
case is not sufficient for the work, the developer shall make deposit
of a sufficient additional amount.
This bylaw shall be additional to and not in limitation of the
powers otherwise vested in said Board of Water Commissioners.
