[HISTORY: Adopted by the Town of Blackstone as indicated in article
histories. Amendments noted where applicable.]
[Adopted 4-24-1989 ATM by Art. 10]
Where portions of a single structure are held in separate ownerships,
such as through condominium ownership, each separately owned portion shall
be separately serviced by public water and sewerage, unless either such service
is not provided to the premises or the Board of Selectmen approves joint service,
upon determination that the service facilities are assured to be adequate
for any anticipated demand and that secure arrangements have been made for
equitable assessment and collection of all sewer and water charges.
Water and sewer connections shall be denied for any structure in violation
of this requirement. Existing structures found to be in violation of it shall
be provided with written notice thereof by the Superintendent of Public Works,
specifying a reasonable period of time for compliance, which shall be not
less than one nor more than three months, depending upon the feasibility of
quick compliance. Violation shall be subject to the maximum penalty allowed
under Chapter 40 of the General Laws, with each day that the violation continues
beyond the specified time for compliance being considered a separate offense.
To facilitate enforcement of this requirement, the Board of Assessors
shall promptly inform the Superintendent of Public Works upon being notified
of ownership changes apparently creating separate ownership of portions of
a single building.
[Adopted 4-30-1990 ATM by Art. 8]
This article is adopted by the Town of Blackstone under its home rule
powers, its police powers to protect public health and welfare and its specific
authorization under MGL c. 40, §§ 21 and 21D.
The purpose of this article 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 restrictions,
requirements, provisions or conditions imposed by the Town of Blackstone or
by the Department of Environmental Protection and included in the Town of
Blackstone's plan approved by the Department of Environmental Protection to
abate the emergency.
For the purpose of this article, the following terms shall have the
meanings indicated:
The Town of Blackstone's Board of Selectmen and Superintendent of
Public Works having responsibility for the operation and maintenance of the
water supply, the Health Department, the Town police, special police and any
other locally designated body having police powers.
A state of water supply emergency declared by the Department of Environmental
Protection pursuant to MGL c. 21G and MGL c. 111, § 160, or by the
Governor.
The following shall apply to all users of water supplies supplied by
the Town of Blackstone:
A.
Following notification by the Town of Blackstone of the
existence of a state of water supply emergency, no person shall violate any
provision, condition, requirement or restriction included in a plan approved
by the Department of Environmental Protection which has as its purpose the
abatement of a water supply emergency.
B.
Notification of any provisions, restrictions, requirements
or conditions with which users of water supplied by the Town of Blackstone
are required to comply to abate a situation of water emergency shall be sufficient
for purposes of this article if it is published in a newspaper of general
circulation within the Town of Blackstone or by such other notice as is reasonably
calculated to reach and inform all users of the Town of Blackstone's water
supply.
Any person or entity who violates this article, shall be liable to the
Town of Blackstone in the amount of $50 for the first violation and $100 for
each subsequent violation, which shall inure to the Town of Blackstone for
such uses as the Board of Selectmen may direct. Fines shall be recovered by
indictment or complaint before the District Court or by noncriminal disposition
in accordance with MGL c. 40, § 21D. Each separate instance of noncompliance
following the issuance of any warning or citation pursuant to this article
shall constitute a separate violation.
Agents of the enforcement authority may enter any property for the purpose
of inspecting or investigating any violation of this article or enforcing
against the same.
The invalidity of any portion or provisions of this article shall not
invalidate any other portion, provision or section thereof.
[Added by 4-25-1994 ATM, Art. 30]
Prior to any agreement by the Board of Selectmen to sell or give water
from Blackstone's public water supply to people, persons, firms, corporations
or businesses outside the bounds of the Town of Blackstone, it must first
be approved to do so by a two-thirds vote at a Town meeting.
