[HISTORY: Adopted by the Town Meeting of the Town of Wrentham
as Art. 6.30 of the 2013 Bylaws. Amendments noted where applicable.]
[Amended 11-21-2022 STM by Art. 2]
When any extension of the water system is requested on a new
development or private way, the Water Commissioners shall require
that, before such extension is made, a bond shall be given to the
Town in such amount and form and with such sureties as the Commissioners
and Select Board shall approve, conditioned that the obligors shall
pay the entire cost of the water extension.
[Added 2-27-1995 STM;
amended 11-21-2022 STM by Art. 2]
The Select Board, acting as the Board of Public Works, shall
establish and maintain a water system demand fee for all new entrants
to the Town's water distribution system, such fee to be set at an
amount reasonably calculated to defray the cost of such capital additions
or improvements to such system as will be required to serve increased
numbers of users. Once such fee is established, whenever established,
it shall not be waived by the Select Board, in whole or in part, for
any user or class of users without the prior authorization of Town
Meeting.
[Amended 6-8-2015 ATM
by Art. 34]
In order to comply with the Drinking Water Regulations of Massachusetts, 310 CMR 22, the Town of Wrentham shall charge a fee in the amount specified in Chapter 283, Fees, Fines and Charges, § 283-1, or such other fee as the commonwealth may prescribe, for each test of any testable backflow prevention device required by said regulations.
[Added 11-14-2016 STM
by Art. 16; amended 11-13-2017 STM by Art. 13]
A.
Authority. This bylaw is adopted by the Town of Wrentham 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. This
bylaw is also intended to implement other water conservation requirements
of MGL c. 21G, the "Massachusetts Water Management Act," and its regulations
promulgated at 310 CMR 36.00.
B.
Purpose. The purpose of this bylaw is to protect, preserve and maintain
the public health, safety, welfare and the environment whenever there
is in force a State of Water Supply Conservation or a State of Water
Supply Emergency 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 and/or by the Department of Environmental Protection under its
state law authorities.
C.
Applicability. All users of the public water supply system of the
Town of Wrentham and private well users within the Town of Wrentham
shall be subject to this bylaw. This bylaw shall be in effect year
round.
D.
AGRICULTURE
AUTOMATIC SPRINKLER SYSTEM
DEPARTMENT
NONESSENTIAL OUTDOOR WATER USE
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(c)
(4)
(a)
(b)
(c)
PERSON
STATE OF WATER SUPPLY CONSERVATION
STATE OF WATER SUPPLY EMERGENCY
WATER CUSTOMERS
WATER USERS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Farming in all its branches as defined at MGL c. 128, § 1A.
Any system for watering vegetation other than a hand-held
hose or a bucket.
The Department of Environmental Protection.
Those uses that are not required:
For health or safety reasons;
By regulation;
For the production of food and fiber;
For the maintenance of livestock; or
To meet the core functions of a business (for example, irrigation
by golf courses as necessary to maintain tees and greens, and limited
fairway watering, or irrigation by plant nurseries or agricultural
operations as necessary to maintain stock or establish new plantings,
wash equipment to prevent damage and/or maintain performance, pest
management and plant cooling).
Nonessential outdoor water uses that are subject to mandatory
restrictions include:
Irrigation of lawns via sprinklers or automatic irrigation systems;
Washing of vehicles, except in a commercial car wash or as necessary
for operator safety or to prevent damage and/or maintain performance
of agricultural or construction vehicles or equipment; and
Washing of exterior building surfaces, parking lots, driveways
or sidewalks, except as necessary to apply paint, preservatives, stucco,
pavement or cement.
Exceptions to nonessential outdoor water uses are:
Irrigation of public parks and recreation fields outside the
hours of 7:00 a.m. to 7:00 p.m.; and
Irrigation of lawns, gardens, flowers and ornamental plants
by means of a hand-held hose outside the hours of 7:00 a.m. to 7:00
p.m.; and
Irrigation with harvested and stored stormwater runoff.
The following outdoor water uses are subject to review and approval
by the Town, through its Select Board or its designee:
[Amended 11-21-2022 STM by Art. 2]
Irrigation to establish replanted or resodded lawn or plantings
during the months of May and September;
Irrigation of newly planted lawns (seeded or sodded) in the
current calendar year for homes or businesses newly constructed in
the previous 12 months; and
Filling of privately owned outdoor pools.
Any individual, corporation, trust, partnership, association,
agency or authority, or other entity and any officer, employee, group
or agent of such persons.
A State of Water Supply Conservation declared by the Town pursuant to Subsection E of this bylaw.
A State of Water Supply Emergency declared by the Department
under MGL c. 21G, §§ 15 through 17.
All persons using the public water supply irrespective of
that person's responsibility for billing purposes for use of the water.
All persons using water within the Town, including users
of private wells.
E.
Declaration of a State of Water Supply Conservation. The Town, through its Select Board or its designee authorized to act as such, may declare a State of Water Supply Conservation upon a determination that conservation measures are appropriate to ensure an adequate supply of water for drinking and fire protection, to protect the quality and quantity of water in local aquatic habitats such as ponds, rivers and wetlands and to ensure compliance with the Water Management Act and the Town's Water Withdrawal Permit. Upon notification to the public that a declaration of a State of Water Supply Conservation has been declared, no person shall violate any provision, restriction, requirement or condition of the declaration. The Select Board may designate the Public Works Superintendent or Town Administrator to declare a State of Water Supply Conservation at any time that conditions warrant. Public notice of a State of Water Supply Conservation shall be given under Subsection H of this bylaw before it may be enforced.
[Amended 11-21-2022 STM by Art. 2]
F.
Declaration of a State of Water Supply Emergency. Upon notification
to the public that a declaration of a State of Water Supply Emergency
has been issued by the Department, no person shall violate any provision,
restriction, requirement, or condition of any order approved or issued
by the Department for the purpose of bringing about an end to the
State of Water Supply Emergency.
G.
Restricted water uses. A declaration of a State of Water Supply Conservation and/or a State of Water Supply Emergency shall include one or more of the following restrictions, conditions, or requirements limiting nonessential outdoor water use by water users as necessary to control the volume of water pumped each day, except as provided as acceptable in Subsection D. The applicable restrictions, conditions or requirements shall be included in the public notice required under Subsection H.
(1)
Nonessential outdoor water use days. Nonessential outdoor water use
is permitted only on the days per week specified in the State of Water
Supply Emergency or State of Water Supply Conservation and public
notice thereof. During a State of Water Supply Emergency or State
of Water Supply Conservation, nonessential outdoor water use is restricted
to two days or fewer per week.
(2)
Nonessential outdoor water use hours. Nonessential outdoor water
use is permitted only during the hourly periods specified in the declaration
of a State of Water Supply Emergency or State of Water Supply Conservation
and public notice thereof. At a minimum, nonessential outdoor water
use is prohibited during the hours from 9:00 a.m. to 5:00 p.m.
(3)
Nonessential outdoor water use method restriction. Nonessential outdoor
water use is restricted to a bucket or hand-held hose controlled by
a nozzle.
(4)
Nonessential outdoor water use ban. Nonessential outdoor water use
is prohibited at all times.
(5)
Automatic sprinkler system ban. The use of automatic sprinkler systems
is prohibited.
H.
Public notification of a State of Water Supply Conservation or State
of Water Supply Emergency; notification of DEP.
(1)
Public notification of a State of Water Supply Conservation. Notice
to the public of all provisions, including all restrictions, requirements
and conditions imposed by the Town as part of a State of Water Supply
Conservation shall be made as soon as possible, but no later than
48 hours following the declaration of a State of Water Supply Conservation,
by publication on the Town website and by signage on major roadways
or intersections or by such other means reasonably calculated to reach
and inform all water users of the State of Water Supply Conservation.
The Town may also notify the public using other means determined to
be appropriate (cable TV, reverse 911, email, etc.). Notification
may also include email, public service announcements on local media
or other such means reasonably calculated to reach and inform all
water users of the State of Water Supply Conservation.
(2)
Public notification of a State of Water Supply Emergency. Notice
to the public of all provisions, including all restrictions, requirements
and conditions imposed by a State of Water Supply Emergency declared
by the Department shall be made by publication on the Town website
and by signage on major roadways or intersections. The Town may also
notify the public using other means determined to be appropriate (cable
TV, reverse 911, email, etc.). Notification may also include email,
websites, public service announcements on local media or other such
means reasonably calculated to reach and inform all water users of
the State of Water Supply Emergency. This notice shall be provided
as soon as possible, but no later than 48 hours after the public water
system receives notice of the Department's declaration of a State
of Water Supply Emergency.
(3)
Any restriction imposed under Subsection E or Subsection F or in the Department's State of Water Supply Emergency or order shall not be effective until notification to the public is provided. Submittal of MassDEP's form "Notification of Water Use Restriction" shall be provided to the Department within 14 days of the effective date of the restrictions, per MassDEP regulations [310 CMR 22.15(8)].
I.
Termination of a State of Water Supply Conservation; notice. A State of Water Supply Conservation may be terminated by a majority vote of the Select Board or by decision of its designee upon a determination by either or both of them that the conditions requiring the State of Water Supply Conservation no longer exist. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner as is required in Subsection H(1) for notice of its imposition.
[Amended 11-21-2022 STM by Art. 2]
J.
Termination of a State of Water Supply Emergency; notice. Upon notification to the Town that the declaration of a State of Water Supply Emergency has been terminated by the Department, the public will be notified of the termination in the same manner as is required in Subsection H(2) for notice of its imposition.
K.
Enforcement; violations and penalties.
(2)
Each
day of violation shall constitute a separate offense. Fines shall
be recovered by complaint before the District Court, by noncriminal
disposition in accordance with MGL c. 40, § 21D, or by assessment
upon a water customer's water bill. For purposes of noncriminal disposition,
the enforcing person shall be any police officer of the Town or the
Public Works Superintendent or the Superintendent's designee. If a
State of Water Supply Emergency has been declared, the Water Commissioners
may, in accordance with MGL c. 40, § 41A, shut off the water
at the meter or the curb stop.
L.
Severability. The invalidity of any portion or provision of this
bylaw shall not invalidate any other portion or provision thereof.
