[HISTORY: Adopted by the Town Meeting of the Town of Merrimac as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. XVIII of the 2016 General Bylaws]
Specific definitions.
AGENT
Shall mean a person who has the actual authority to act for, or in the place of, another.
APPLICANT
Shall mean a person, partnership or corporation applying to the Board for a connection to the existing water facilities in the Town of Merrimac.
BOARD
Shall mean the Merrimac Select Board or the Town of Merrimac Water Department.
COMMONWEALTH
Shall mean the Commonwealth of Massachusetts.
CONTRACTOR
Shall mean a person, partnership or corporation which has been approved by the Water Department and engaged in work of a similar nature, and which has sufficient equipment, labor and resources to construct proposed work, and which has obtained a valid and proper license. A contractor shall be employed by the applicant and shall be responsible to them for the construction in accordance with the approved plans.
CUSTOMER
Shall mean an owner who is connected to and uses water from the public water system.
DEP
Shall mean the Department of Environmental Protection of the Commonwealth of Massachusetts.
EASEMENT
Shall mean an acquired legal right for the specific use of land owned by others.
ENGINEER
Shall mean the registered professional engineer employed by the Manager and acting entirely within the scope of authority granted by the Manager, directly or through properly authorized agents.
MGL
Shall mean the Massachusetts General Laws.
MANAGER
Shall mean the DPW Director of the Town of Merrimac.
MAY
Is permissible; "shall" is mandatory.
OWNER
Applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land which is connected or to be connected to the water system.
PERSON
Shall mean any individual, firm, company, association, society, partnership, corporation, municipality or other similar organization, agency or group.
PREMISES
Shall mean the location, structure, or property where a water service has been provided and water is used.
PUBLIC WATER SYSTEM
Shall mean the water mains, water storage tanks, supply wells, water treatment facilities, and all associated appurtenances used to provide potable water to the customers of the Merrimac Water Department.
TOWN
Shall mean the Town of Merrimac, County of Essex, Commonwealth of Massachusetts.
WATER DEPARTMENT
Shall mean the Merrimac Water Department that is in control of the water system.
WATER TREATMENT FACILITY
Shall mean the structures, processes, equipment and arrangements necessary to treat the water supply.
[Amended 4-8-2025 ATM by Art. 23]
A. 
Established. The Merrimac Water Department shall be governed by a board to be known as the "Select Board." Wherever the word "Board" is used in this bylaw, it shall be deemed as intended to mean the Town of Merrimac Select Board.
B. 
Organization. The Board shall consist of five members elected by the Town of Merrimac. The terms shall be three years and staggered so that only one Select Board position is required to be filled each year.
C. 
Qualifications. All members of the Board shall be of voting age, and a resident of the Town.
D. 
General powers. The Manager shall have charge, control, and management of the waterworks and water supply of the Town, whether within or without the geographical limits of the Town, and shall have the powers and perform the duties conferred or imposed upon the Board by the Town's bylaws, and in addition thereto, and by any other provision of the Massachusetts General Laws.
E. 
Supervision and control. The Board shall have exclusive and entire charge, management and oversight of all lands, structures, works, apparatus, pipes and fixtures designed and provided for obtaining and supplying water to the Town or to consumers; and of the use, repairs, extensions and improvements of the waterworks, structures, apparatus, pipes and fixtures. The Board shall have control and jurisdiction over all sources of water possessed by the Town and all lands appurtenant thereto, owned or controlled by the Town, and may exercise all rights the Town has or may have as to entry upon and passage over premises of the Town connected with or appurtenant to such waterworks or supply.
F. 
Rulemaking.
(1) 
Generally. The Board may make rules and regulations for the waterworks and for the management and supervision of the employees of the Merrimac Water Department.
(2) 
Water use. The Board shall have the power to establish rules and regulations for the introduction, supply and use of water.
(3) 
Water rates. The Board shall have the power to determine or assess water rates.
(4) 
Shutting off water supply. The Board shall have the power to shut off the water supply of any customer who fails to comply with the requirements of this bylaw, other Town bylaws and applicable rules and regulations.
A. 
Position created. The position of Manager of the Merrimac Water Department is hereby created. The Manager shall be responsible to the Board. The Manager shall have such subordinates, agents and assistants as may be determined necessary. The Manager shall perform such duties as the Board shall assign.
B. 
Employment. The Board shall employ a Manager of the Merrimac Water Department.
C. 
Terms. The Manager of the Merrimac Water Department shall be employed at will and at terms mutually agreed to and contained in the employment agreement.
D. 
General duties. The Manager, under the direction and control of the Board, shall have charge of the works and property connected with the waterworks and shall perform all services in relation thereto required of them by the Board.
E. 
Meetings. The Manager shall meet with the Board monthly and report to the Board upon such matters as the Board may require. The Manager shall prepare and submit an annual report to the Board, summarizing the operation and general condition of the water system.
F. 
Coordination with other departments. The Manager shall immediately inform the Chief of the Fire Department of any stoppages or breaks in the water mains.
A. 
Bond required. When an extension of a water main is requested upon any street or way, a bond shall be given to the Town in such amount and form and with such sureties as the Board shall require before any extension is made. Conditioned obligors shall pay to the Town, for such time as the Board determines, at the times appointed for payment of water rates, such sums as shall amount in the aggregate, annually, to 10%, upon the cost of such extensions, subject to diminution by the amounts that the Town shall receive, annually, from rates paid for water by consumers connected with such extensions.
B. 
Permit for construction. No alterations in any water pipe or water fixture that is part of the Merrimac Water Department shall be made without giving notice to and obtaining a permit from the Board. No plumber or other person shall make alterations in or additions to any water pipe or fixture as aforesaid unless the owner or agent shows a permit for the change signed by the Board or its duly authorized agent, and then only to the extent stated therein, and such permits shall be returned to the Board within 10 days after the completion of the work.
C. 
Application. An application for the construction permit referred to in § 283-4B shall be made in writing by the applicant, the owner of the building or property in question or their authorized agent to the Water Department, in such form and including such things as the Board may prescribe. Such application shall include an agreement on the part of the applicant to observe, comply with, and be bound by such bylaws and orders as the Water Department may establish from time to time and such rules and regulations as the Water Department may establish from time to time.
D. 
Separate connections. The intention of the Merrimac Water Department is to provide a separate connection to the water system for each individual and separate structure requiring water service. No two buildings shall be supplied with water through the same service pipe, and so far as possible, each dwelling within a multifamily structure shall be supplied through a separate service pipe. Converted single or multiunit homes to condominiums are required to have separate water services.
E. 
Water services installation. All water service pipes shall be installed according to the Merrimac Standard Specification for Water Service Installation included in Chapter A372.
F. 
Water main installation. All water main installations shall be performed in accordance with the Merrimac Standard Specification for Water Main Construction included in Chapter A370.
G. 
Shutoff valve. All service connections must be equipped with a shutoff valve, properly located, inside the building and with other appurtenances or measures as may be deemed necessary by the Board and Manager to protect the public water system.
H. 
Service pipe maintenance. The service pipe, shutoff valve and all fixtures connected therewith on the premises must be kept in good repair and protected from frost. The owner of the premises will be held liable for all damage which may result from a failure to do so.
I. 
Protection from freezing. Water service pipes within any premises shall be protected from freezing at the expense of the owner of the premises served. Water shall not be allowed to run to prevent freezing of pipes. If any water pipes in any premises are damaged by freezing, the owner or tenant of such premises shall be liable for the costs and damages caused by such damage. Repairs shall be made in a timely manner to avoid waste of water and damage to the public water system.
J. 
Provision of water service as betterment.
(1) 
Whenever a petition for the construction and installation of a domestic water supply line in any street or way, by the owners of more than 1/2 of the frontage of all lands fronting upon any such street or way, or any portion thereof, is presented to the Water Department, the Water Department may order the construction and installation of such domestic water supply lines, provided that in such petition it is agreed that the land of each abutter is enhanced in value an amount equal to its proportionate share of the costs of improvements and that the abutters receive benefit other than the general advantages to the community.
(2) 
When the order for the construction and installation of such domestic water supply line, and when an appropriation being made by the Water Department of an amount sufficient, in the opinion of the Board, to construct and install such a domestic water supply line, in a manner to comply with all the requirements of this bylaw, the Board shall cause such construction and installation to be made; and the Water Department, upon being informed of the total expenditures for the purpose stated, shall thereupon cause an order to be passed, providing for a betterment assessment equal to the total amount expended.
[Amended 10-21-2024 STM by Art. 5]
A. 
Application for water service. To have the water service to any premises turned on, an application shall be filed with the Water Department. The application shall be made, in writing, by the applicant for water service and shall include an agreement to be bound by all Town of Merrimac bylaws and rules and regulations pertaining to water use.
B. 
Conformance. No water shall be supplied to any building unless the pipes and fixtures in such building conform to the rules and regulations of the Board and the terms of this bylaw.
C. 
Books and records. The Manager shall have charge of the keeping of the books, accounts and records of the waterworks, except collections.
D. 
Records of customers served. The Manager shall direct staff to keep, in suitable books, the names of all customers who are connected to the public water system, the address of the premises, the nature of the use, the number of users, the amount charged and the amounts of abatements.
E. 
Authorization to install meter. No person except the proper designee of the Water Department will be allowed to set, take off or repair meters. Customers will be required to furnish a water meter approved by the Water Department. All water meters will be placed and maintained by the Water Department. Any damage to any meter done or caused by the carelessness or neglect of the customer, owner or occupant will be charged to their next bill, and if not paid as provided for in § 283-5M, the water will be shut off and not again turned on until such charge and all others are paid.
F. 
Inspection and connection fees. The owner of any lot or structure that is allowed to connect to the public water system shall pay an inspection and a separate connection fee as determined by the Board.
G. 
Rates with meter. Where the Water Department has installed a water meter, the water charge may be established by the quantity of water used, rather than by schedule rates.
H. 
Connected fixtures. In all occupied premises, every fountain, water closet, set basin, sink or other fixture, whether used or not, will be deemed and held to be used, and shall be charged for, so long as the same shall be connected to the public water system.
I. 
Multiple users. When water is supplied to more than one user through a single service pipe, the bill for the water rates will be submitted to the owner of the premises. In case of nonpayment, the water may be shut off, notwithstanding the fact that one or more users may have paid their proportion to such owner or to the Water Department. The owner shall be responsible for water supplied to their premises although a charge for water rates may have been made against a tenant.
J. 
Preparation of bills. Bills for the use of water and for other charges in connection therewith shall be prepared by the office staff of the Merrimac Water Department. Such bills shall be sent by the Merrimac Water Departments to the public water system customers, containing statements of amounts due for water, on or before the first day of January, April, July, and October in each year, and at such other times as the Board may determine.
K. 
Water rates payable in advance. Where the amount of water used is not recorded by a meter, charges for water use based on water rates shall be payable in advance.
L. 
Notice of delinquent account. Water bills shall be paid within 30 days of the date of the bill. Nonpayment of a water bill after 30 days will result in an interest charge of 10% added to the next quarterly billing. In any case of nonpayment of a water bill for 60 days after the same is due, the Water Department collector shall send a notice to the delinquent and shall inform the Board, in writing, that such notice has been sent.
M. 
Duties of collector. Water bills shall be committed to the Water Department collector for collection. The collector shall notify the Board monthly of the amounts of water bills collected and shall keep records of all paid and unpaid water bills.
N. 
Suspension of service for delinquency.
(1) 
Unless any delinquent water bill is paid within three days of sending the notice of delinquency, together with the stipulated late fee for such notice, the Water Department collector shall notify the Board, who may cause the supply to such premises to be shut off. The water shall not be turned on again until the amount due, together with any fee for such notice and the charge for shutting off and turning on, is paid.
(2) 
In cases of specific supply, or where the water service has been on for fractional parts of the term and the water bill is delinquent, the delinquency notice may be served and the water shut off immediately, and the water service shall not be turned on again except upon the conditions set forth in this article.
O. 
Lien upon real estate. With reference to the statutory lien upon real estate for water rates, the Board shall be the board or officer in charge of the Water Department for the purpose of carrying out the requirements of MGL c. 40, § 42A, and the Board shall file in the registry of deeds a statement as provided by such section in each case when the Board shall receive a notice from the collector that the rates and charges for water supplied to any estate have remained unpaid for 30 days after the due date. In addition to the 10% interest charge described in § 283-5L, there shall be a service charge on water liens in the amount of $50.
P. 
Efficient use of water is encouraged. The water supplied, treated, stored, and conveyed by the public water system is provided for the health, safety, and enjoyment of the customers of the Merrimac Water Department. The customers are reminded that the supply is not unlimited and are encouraged to avoid practices that result in the unnecessary use of water. Any person with a privately owned well should be aware that it is likely the well has the same or a similar water source as the public water system. This means that it is important for persons with privately owned wells to also be efficient and mindful when it comes to water use. Any water conservation measures recommended for the customers to follow would be extra beneficial to the water supply if persons who have privately owned wells considered the following recommendations as well. This is extra important during times of drought.
Q. 
Unauthorized use of hydrants. Hydrants shall not be used for any purpose other than to extinguish fires or for such purposes as may be authorized by the Manager. In no case shall hydrants be operated by anyone other than Water Department personnel. A $300 fine, plus estimated water usage, will be assessed for unauthorized hydrant use.
R. 
Water conservation and restrictions on use by hose or fountain. The Board shall restrict the use of water by hoses, fountains and otherwise as it may deem necessary. For violation of such restrictions, the water may be shut off to the premises and the owner shall be liable for the penalties imposed. All rules and regulations pertaining to water conservation are contained in Chapter 283, Article II, Water Supply Conservation.
S. 
Abatement rates.
(1) 
Generally. The Board may make abatements in water rates in cases that the Board determines to be appropriate.
(2) 
Vacancy. When an abatement of any water rate is desired on account of vacancy of the premises or nonuse of water is projected for an extended period of time, notice thereof must be given to the Board with a request for an abatement. If the request is granted, the water shall be then shut off by a Water Department employee and an abatement made. No abatement or rebate shall be made for a period of time less than three months of any particular six-month period for which bills are rendered.
T. 
Use of seal locks. When water service is shut off, seal locks as may be prescribed by the Board may be placed upon faucets in the affected premises in those circumstances where the service cannot be shut off to the entire structure. Such seal locks shall not be used where water use can be controlled by a curb stop at the street. The charge for putting on such seal locks shall be established by the Board. Such seal locks shall not be taken off by anyone except an employee of the Water Department, on penalty of forfeiture of all claims for abatements and of having the water shut off from the premises.
U. 
Right of entry. The Board or authorized Water Department personnel may at all reasonable times, and with the owner's express permission, enter the premises of any customer to examine the internal plumbing system and external connections and associate appurtenances thereon, the quantity of water used, ascertain compliance with this bylaw, and the manner of use, or for the purpose of shutting off the flow of water to customers with delinquent bills or for any purpose whatever pertaining to the care and management of the waterworks. Meter location shall be kept clear of strategic items and remain accessible to the Water Department. In the absence of express permission from the owner, the Board will conduct investigations of the premises after receiving an administrative search warrant or by other lawful means.
V. 
Liability of the Town. While performing the necessary work on the premises of any customer, the Board or duly authorized employees or agents of the Town shall observe all safety rules applicable to the premises established by the owner. The owner shall be held harmless for injury or death to the Town employees or agents, and the Town shall indemnify the owner against loss or damage to its property by the Town employees or agents and against liability claims and demands for personal injury or property damage asserted against the owner, except as such may be caused by negligence or failure of the owner to maintain safe conditions.
W. 
Claims not allowed. In cases of abnormal or illegal use of water or for other circumstances or when the Board determines it necessary to suspend water service, consumers will ordinarily be given notice. Failure to give such notice, however, shall not constitute a basis for a claim for any damage that may be occasioned.
X. 
Concealing purpose. There shall be no concealment of the purpose for which water is used.
Y. 
Tampering with seal on meters. No seals on meters shall be broken. Unauthorized removal and/or tampering with the meter shall result in a fine or termination of water service.
Z. 
Cross-connection control program. Merrimac's Water Department Cross-Connection Program is included as Chapter A350.
A. 
Water Resources Protection Overlay District. The Water Resource Protection Overlay District is an overlay district established by the Merrimac Zoning Ordinance. This overlay district requirements apply to the areas that may impact the public water supply wells at the Bear Hill well field and at the East Main Street well field.
B. 
As noted in the revised draft Zoning Bylaw dated December 28, 2003, Article 14, Water Resources Protection Overlay District specific limits are imposed on development in watershed boundaries and recharge areas in order to protect public health by preventing degradation or contamination of surface water and groundwater used for public water supply.
C. 
The Board of Water Commissioners shall review and approve proposed development and activities that may potentially impact the groundwater quality of the aquifers for the Town's two well fields.
A. 
Repeal of conflicting by-laws. All bylaws or parts of bylaws or regulations or parts of regulations of the Town in conflict with this bylaw are hereby repealed.
B. 
Invalidation clause. Invalidity of any section, clause, sentence or provision in this bylaw shall not affect the validity of any other section, clause, sentence or provision of this bylaw which can be given effect without such invalid part or parts.
A. 
Regulations. No provision of this bylaw shall be deemed to contravene or render ineffective any valid regulation.
B. 
Prior regulations. All prior rules and regulations in conflict herewith are hereby repealed.
C. 
Amendment. The Town of Merrimac reserves the right to amend this bylaw in part or in whole whenever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and after proper hearing on the proposed amendment.
(1) 
Amendments to this bylaw shall be accomplished at Town Meeting. Town Meeting shall be called in pursuance of a warrant, under the hand of the Select Board, notice of which shall be given at least seven days before the Annual Meeting or an Annual or Special Election and at least 14 days before any Special Town Meeting.
[Adopted as Appendix C of the 2016 General Bylaws; amended 10-16-2023 STM by Art. 4]
A. 
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 conservation or 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 through the enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town and/or by the Department of Environmental Protection.
B. 
Any person with a privately owned well should be aware that the well likely has the same or a similar water source as the public water system. This means that it is important for persons with privately owned wells to also be efficient and mindful in their water use, especially during times of drought. The Town thus recommends that persons with privately owned wells follow any water conservation measures required for users of the Town's public water system.
This bylaw is adopted by the Town under its police power to protect public health and welfare and its power 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, as well as the water conservation requirements of MGL c. 21G and its regulations.
PERSON
Shall mean any individual, corporation trust, partnership or association, or other entity.
STATE OF WATER SUPPLY CONSERVATION
Shall mean a state of water supply conservation declared by the Town pursuant to § 283-12 of this bylaw.
STATE OF WATER SUPPLY EMERGENCY
Shall mean a state of water supply emergency declared by the Department of Environmental Protection under MGL c. 21G, §§ 15 to 17.
WATER CONSUMERS
Shall mean all public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility.
WATER USERS
Shall mean all public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility; or all persons using privately owned wells within the Town boundaries.
A. 
The Town, through its Select Board, may declare a state of water supply conservation upon a determination by a majority vote of the Board that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. In a situation requiring immediate action, based upon either a regional drought declaration or a local supply emergency condition, the Public Works Director may declare a state of water supply conservation if said declaration is ratified by a majority of Board members at their next scheduled meeting.
B. 
Upon notification to the public that a state of water supply conservation has been declared, no water consumer shall violate any provision, restriction, requirement or condition of the declaration. Public notice of a state of water conservation shall be given under § 283-14 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 shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 283-14.
A. 
Mandatory restrictions on nonessential outdoor water uses.
(1) 
Odd/even day outdoor watering. Outdoor watering by water users with odd-numbered addresses is restricted to odd-numbered days. Outdoor watering by users with even-numbered addresses is restricted to even-numbered days. Any watering during odd/even day outdoor watering is restricted to 7:00 a.m. to 9:00 a.m. and 7:00 p.m. to 9:30 p.m.
(2) 
Outdoor watering ban. Outdoor watering is prohibited, unless in conformance with above restrictions.
(3) 
Outdoor watering hours. Outdoor water is permitted only during daily periods of low demand, to be specified in the declaration of a state of water supply conservation and public notice thereof.
(4) 
Filling swimming pools. Filling of swimming pools is prohibited.
(5) 
Automatic sprinkler use. The use of automatic sprinkler systems is prohibited.
(6) 
Outdoor washing. The washing of vehicles, except in a commercial car wash or as necessary for operator safety; and the washing of exterior building surfaces, parking lots, driveways or sidewalks, except as necessary to apply surface treatments such as paint, preservatives, stucco, pavement or cement, is prohibited.
B. 
Allowances during mandatory restrictions on nonessential outdoor water uses.
(1) 
Floral irrigation. The use of a hand-held hose or drip irrigation systems is permitted to irrigate gardens, flowers, and ornamental plants during outdoor watering hours.
(2) 
Lawn irrigation. Irrigation of lawns is permitted by means of a hand-held hose only during outdoor watering hours.
C. 
Exceptions to mandatory restrictions on nonessential outdoor water uses. The water uses not subject to mandatory restrictions are those that are 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 business (for example, irrigation by golf courses as necessary to maintain tees, greens, and minimal fairway watering; or irrigation by plant nurseries as necessary to maintain stock).
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a state of water supply conservation shall be published in a newspaper of general circulation within the Town or by such other means reasonably calculated to reach and inform all water users of the state of water supply conservation. Any restriction imposed under § 283-13 shall not be effective until such notification is provided. Notification of the state of water supply conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
A state of water supply conservation may be terminated by a majority vote of the Select Board upon a determination that the water supply shortage no longer exists. Public notification of the termination of a state of water supply conservation shall be given in the same manner required in § 283-14.
Upon notification to the public that a declaration of a state of water supply emergency has been issued by the Department of Environmental Protection, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the Department intended to bring about an end to the state of emergency.
A. 
Any person violating this bylaw shall be liable to the Town in the amount of $50 for the first violation and $100 for each subsequent violation, which shall inure to the Town. Any fines collected shall be deposited in the general fund of the Town.
B. 
Fines shall be recovered by indictment, or on complaint before the District Court, or by noncriminal disposition in accordance with MGL c. 40, § 21D. Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.