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 Massachusetts General Laws Chapter 40, Section 21 et seq. and
implements the Town's authority to regulate water use pursuant
to Massachusetts General Laws Chapter 41, Section 69B. This bylaw
also implements the Town's authority under Massachusetts General
Laws Chapter 40, Section 41A, conditioned upon a declaration of water
supply emergency issued by the Massachusetts Department of Environmental
Protection under Massachusetts General Laws Chapter 21G, Section 15
through 17. This bylaw is also intended to implement other water conservation
requirements of Massachusetts General Laws Chapter 21G, the "Massachusetts
Water Management Act," and its regulations promulgated at 310 CMR
36.00.
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," a "State of Drought"
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 Water Commissioners,
or their designee, and the Board of Health, or their designee, in
accordance with this bylaw and/or by the Department of Environmental
Protection under its state law authorities.
All Town residents that are customers of the public water supply
system and private well users shall be subject to this bylaw. This
bylaw shall be in effect year-round.
Upon notification to the public that a State of Drought has been declared, no water user shall violate any provision, restriction, requirement or condition of the Town's water use restrictions. Public notice of a State of Drought shall be given under §
117-9 of this bylaw before it may be enforced. The applicable restrictions, conditions or requirements shall be included in the public notice.
Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by the Massachusetts Department of Environmental Protection, no person shall violate any provision, restriction, requirement, 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. Public notice of a State of Water Supply Emergency shall be given under §
117-9 of this bylaw before it may be enforced. The applicable restrictions, conditions or requirements shall be included in the public notice.
A declaration of a State of Water Supply Conservation, State of Drought or 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 §
117-4. The applicable restrictions, conditions or requirements shall be included in the public notice required under §
117-9.
A. Nonessential outdoor water use days: Nonessential outdoor water use
is permitted only on the days per week specified in the State of Water
Supply Conservation, State of Drought or a State of Water Supply Emergency
and public notice thereof. During a State of Water Supply Conservation,
nonessential outdoor water use is restricted as necessary to ensure
compliance with the Water Management Act, or for a Town or Water District
without a Water Management Act permit, to two days or fewer per week.
B. Nonessential outdoor water use hours: Nonessential outdoor water
use is permitted only during the hourly periods specified in the State
of Water Supply Conservation, State of Drought or State of Water Supply
Emergency 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.
C. Nonessential outdoor water use method restriction: Nonessential outdoor
water use is restricted to a bucket or hand-held hose controlled by
a nozzle.
D. Nonessential outdoor water use ban: Nonessential outdoor water use
is prohibited at all times.
E. Automatic irrigation systems, including sprinklers: The use of automatic
irrigation systems is prohibited.
A State of Water Supply Conservation 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 State of Water Supply Conservation no longer exist, or in accordance with the Water Management Act permit conditions. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner as is required in §
117-9A for notice of its imposition.
Upon notification to the Town Water Commissioners, or their designee, that the declaration of a State of Drought has been terminated by the Massachusetts Secretary of Energy and Environmental Affairs, the public will be notified of the termination in the same manner as is required in §
117-9A for notice of its imposition.
Upon notification to the Town Water Commissioners, or their designee, that the declaration of a State of Water Supply Emergency has been terminated by the Department of Environmental Protection, the public will be notified of the termination in the same manner as is required in §
117-9B for notice of its imposition.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.