A. 
Owners and users shall provide reasonable access to duly authorized representatives of the City to premises and properties, including those under construction, served by the public water system to ascertain compliance with these water regulations. Owners or users of the public water system shall allow properly identified City representatives access to areas in which water service pipes, fire protection/suppressions system supply lines, and all appurtenances are located within the premises to inspect, observe, measure, sample, and test:
(1) 
Water use;
(2) 
Buildings;
(3) 
Water quality;
(4) 
Meters;
(5) 
Water service pipes and appurtenances;
(6) 
Fire pipes;
(7) 
Cross-connections and backflow prevention devices; and
(8) 
Other facilities that the City reasonably believes may be contributing to a violation of these water regulations.
B. 
Inspections conducted pursuant to routine periodic surveys or on a report of a complaint shall be performed at all reasonable times during normal business hours. When the City reasonably suspects that a violation of these water regulations is or may be occurring or an emergency exists that requires immediate action on the part of the City access shall be permitted at such other times as is necessary for the correction of said violation or abatement of such emergency.
A. 
Duly authorized representatives of the City shall be permitted to enter all City-owned easements for the purpose of inspection, observation, measurement, sampling, testing, maintenance, repair, or reconstruction of any portion of a public water main lying within said easement. All entry and subsequent work, if any, shall be done in full accordance with the terms of said easement.
[Amended 4-5-2024]
B. 
Where a user has security measures in force that would require clearance before entry to the premises, the user shall make necessary arrangements to permit City personnel to enter without undue delay for the purpose of carrying out their specific responsibilities.
C. 
The City shall forthwith give written notice by certified mail of its intent to terminate water service where an owner or user having received reasonable notice refuses to permit properly identified City personnel to enter or have access to premises in accordance with the terms of this section. Notwithstanding any other course of action available to it, the City has the right in accordance with applicable federal and state law to apply for entry to premises served by the public water system for the purposes as set forth in this article.
A. 
Whenever, on the basis of any available information ascertained or received by the City, the City determines that a person violated or is violating these water regulations; violated or is violating any approval issued pursuant to these water regulations; made a false representation in an application, record, or report to the City or failed to provide relevant information; manipulated, falsified, tampered with, or rendered inaccurate a meter, meter reading device or appurtenance thereto; failed to comply with an order or ruling issued by the City or a court after having reasonable opportunity to comply; failed to pay a penalty or fee due to the City; and caused damage to the City's water distribution system, the City may take any one or more of the following actions, in any sequence or simultaneously:
(1) 
The City may issue a notice of noncompliance or an order to cease and desist for any such violation or any actions that cause a violation.
(2) 
The City may require the owner or user to submit a plan for compliance and time schedule setting forth specific plans and actions to be taken and specific dates upon which such actions will be taken in order to comply with these water regulations and to prevent or correct a violation. The City may issue an implementation schedule containing or modifying such specific actions and time schedule, or requiring such other actions within such times as the City deems appropriate and as allowed by law.
(3) 
The City may issue an order directing the owner or user to pay to the City penalties and costs in accordance with these water regulations and as allowed by law.
(4) 
The City may revoke, modify, deny, suspend or refuse to renew an approval issued under these water regulations.
(5) 
The City may take direct enforcement action by filing suit in any court of competent jurisdiction for civil or criminal fines and reimbursement of costs or damages and for collection of costs and/or fees unpaid by the owner resulting from the violation or threatened violation.
(6) 
The City may discontinue or terminate water service as authorized in these water regulations.
(7) 
The City may take any other action available to it under any applicable law, statute, or regulation.
B. 
Notice of noncompliance. The purpose of a notice of noncompliance is to provide a formal notice of one or more violations and to set a compliance date or require the submission of a compliance plan and schedule. A notice of noncompliance shall not be construed as an authorization or approval to violate any law, regulation, or requirement prior to achieving compliance. A notice of noncompliance shall identify the violation(s) and shall require the person to comply by a certain date or to submit a written report to the DPW by a certain date that describes the measures the person will take to correct the violation and the date by which such measures will be taken. A notice of noncompliance shall also notify a person of the right to request reconsideration of the notice of noncompliance.
C. 
Cease-and-desist order.
(1) 
The DPW may issue a cease-and-desist order to require a person to:
(a) 
Cease and desist a violation and/or any actions that cause or threaten to cause a violation;
(b) 
Submit written reports to the DPW that describe the measures the person will take to correct the violation and the dates by which the measures will be taken;
(c) 
Take specific measures to correct or eliminate a violation;
(d) 
Follow an implementation schedule that requires specific actions according to a time schedule;
(e) 
Follow a schedule of sampling, analysis, and reporting to the DPW; and/or
(f) 
Take any other action authorized by law.
(2) 
A cease-and-desist order shall identify the violation(s), shall require the person to comply with these water regulations by a certain date, and shall notify the person of their right to request reconsideration of the cease-and-desist order.
D. 
Penalties.
(1) 
Any person who continues to violate these water regulations after notice and/or a cease-and-desist order; or who knowingly makes false representation in an application, record or report to the City; or who has falsified, tampered with or knowingly renders inaccurate any meter, monitoring device or method required under these water regulations shall be subject to civil monetary penalties established:
(a) 
By applicable Massachusetts law;
(b) 
By applicable rules and regulations of the Department of Environmental Protection and the MWRA; and
(c) 
By such penalty schedules as may from time to time be adopted by the City and appended to these water regulations.[1]
[1]
Editor's Note: Current schedules are on file at the Department of Public Works.
(2) 
For purposes of the computation of penalties, each day of a continuing violation of these water regulations shall be deemed to be a separate violation. If a violation is intermittent, each occurrence shall be deemed to be a separate violation.
(3) 
If the City elects to file an enforcement action in a court of competent jurisdiction, the damages then recoverable by the City shall be as allowed under MGL c. 40, § 39G.
(4) 
Failure to comply with any portion of these water regulations, or with any approval or order issued hereunder, shall be sufficient cause for the Director to levy on and collect from each violator any additional cost for expense, loss, or damage occasioned by such violation, including the cost of remedial or preventive actions and related legal costs taken by the Director pursuant to correcting the violation and all other related costs such as, but not limited to, those described in these water regulations.
[Amended 4-5-2024]
E. 
Approval action.
(1) 
The DPW may revoke, suspend, modify, deny, or refuse to renew an approval issued under these water regulations whenever, on the basis of available information, the DPW finds that the applicant:
(a) 
Provided false or misleading information to the DPW, or failed to provide relevant information to the DPW, as part of the approval process;
(b) 
Intentionally falsified or misrepresented, rendered inaccurate or tampered with any meter, monitoring device or method used or required by the DPW;
(c) 
Manipulated sampling data, testing results, inspection data, or monitoring data to hide actual or potential violations of these water regulations;
(d) 
Has a history of noncompliance that has not abated after receiving a notice of noncompliance, cease-and-desist order, or penalty from the DPW;
(e) 
Has failed to comply with a notice of noncompliance, cease-and-desist order, notification, or ruling issued by the DPW or a court after having a reasonable opportunity to comply;
(f) 
Intentionally violated a notice of noncompliance, order or ruling issued by the DPW or a court;
(g) 
Does not have the ability to comply with DPW requirement within a reasonable period of time;
(h) 
Maintains a condition which can reasonably be expected to result in significant harm to health, safety, the environment, the public water system; or
(i) 
Has failed to pay a penalty or fee due the DPW after receiving notice to do so.
(2) 
An approval action shall be initiated by a notification by certified mail to the applicant that:
(a) 
Identifies the basis for the DPW action and the facts and circumstances upon which the DPW relies;
(b) 
Indicates whether such action is of limited, indefinite, or permanent duration;
(c) 
Informs the applicant of its right to request a conference with the Director to reconsider the approval action and that timely filing of such request will stay the approval action pending the resolution of such request.
(3) 
An approval action may be taken to prevent further violations, as a means to help insure compliance, as part of a process escalating enforcement to gain compliance, and/or as a deterrent to future violations by the applicant subject to the action.
F. 
Termination of service. Notwithstanding any other provision of these water regulations, and as referenced in § 558-4.21C, whenever the DPW finds that a condition presents or reasonably appears to present an imminent endangerment to the health or welfare of persons or to the environment, or threatens to interfere with the operation of the public water system, the DPW may take steps immediately and effectively to halt or prevent such a condition. Steps may include disconnecting the person from the public water system.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of Framingham's water facilities. Any person who violates this section will be subject to fines imposed under this chapter, in addition to the repayment of all associated repair costs.