[Adopted AFTM 11-13-2001, Art. 16, approved 3-15-2002; amended in its entirety AFTM 11-18-2002, Art.
17, approved 3-13-2003]
This article is adopted by the Town of Falmouth under its police powers
to protect public health and welfare and its powers under M.G.L. c. 40, § 21
et seq. and implements the Town's authority to regulate water use pursuant
to M.G.L. c. 41, § 69B. This article also implements the Town's
authority under M.G.L. c. 40, § 41A, conditioned upon a declaration
of water supply emergency issued by the Department of Environmental Protection.
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 conservation or state of water supply emergency by providing for enforcement
of any duly imposed restrictions, requirements, provisions or conditions imposed
by the Town or by the Department of Environmental Protection.
For the purpose of this article, the following terms shall have the
meanings indicated:
ENFORCEMENT AUTHORITY
The Town's Department of Public Works or other department or
board having responsibility for the operation and maintenance of the water
supply, the Board of Health, the Health Agent, Department of Natural Resources,
the Police Department and the Conservation Officer.
PERSON
Any individual, corporation, trust, partnership or association, or
other entity.
The Town, through its Board of Selectmen, may declare a state of water supply conservation upon a determination by a majority vote of the Board that a shortage of water exists, or may reasonably be determined to be imminent, and conservation measures are appropriate to ensure the safe and adequate supply of water to all water consumers. Restrictions shall be applicable to all public and private users of the Town's public water supply system, regardless of any person's responsibility for paying water bills for water used at any particular facility. However, if the Board of Selectmen makes a specific finding that the shortage of water exists because of a clear and imminent threat to the sole source aquifer underlying Falmouth, such threats to include severe drought, environmental pollution or salt water intrusion, the restrictions adopted pursuant to §
223-5 shall apply to all citizens, water users and consumers regardless of the source of water supply. Public notice of a state of water supply conservation shall be given under §
223-6 of this article before it may be enforced.
A declaration of a state of water supply conservation shall include, but not be limited to, one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under §
223-6.
A. Odd/Even day outdoor watering. Outdoor watering by water
users with odd-numbered addresses is restricted to odd-numbered days. Outdoor
watering by water users with even-numbered addresses is restricted to even-numbered
days.
B. Outdoor watering hours. Outdoor watering 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.
C. Washing of sidewalks, driveways and patios is prohibited.
D. The use of automatic sprinkler systems is prohibited.
E. The filling of swimming pools is prohibited.
F. Outdoor watering is prohibited.
G. Restaurants may not serve water unless requested by patrons.
H. Pistol-grip-type nozzles are required for all hoses used
for outside watering, car washing or boat washing.
I. Restrictions imposed on commercial car washes.
J. Mandatory water use reductions by commercial/industrial
users.
K. Restricting private water supply use.
L. Termination of water service for failure to comply.
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 teach and inform all users of water of the state of water supply conservation. Any restriction imposed under §
223-5 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 Board of Selectmen, 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 by §
223-6.
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 or condition
of any order approved or issued by the Department intended to bring about
an end to the state of emergency.
The invalidity of any portion or provision of this article shall not
invalidate any other portion or provision thereof.
[Adopted AFTM 11-17-1992, Art. 14, approved 2-3-1993]
The purpose of this article is as follows:
A. To protect the public potable water supply served by
the Falmouth Water Department (hereinafter referred to as "Department") from
the possibility of contamination or pollution by isolating, within its customers'
internal distribution system, such contaminants or pollutants which could
backflow or back-siphon into the public water system.
B. To promote the elimination or control of existing cross-connections,
actual or potential, between its' customers in-plant potable water system
and non-potable systems.
C. To provide for the maintenance of a continuing program
of cross-connection control which will effectively prevent the contamination
or pollution of all potable water systems by cross-connection.
The authority for this article is as follows:
A. The Federal Safe Drinking Water Act of 1974 and the statutes
of the State of Massachusetts Drinking Water Regulations 310 CMR 22.00. The
water purveyor has the primary responsibility for preventing water from unapproved
sources, or any other substances, from entering the public potable water system.
B. Falmouth Water Department, Rules and Regulations, adopted.
The Utilities Manager shall be responsible for the protection of the
public potable water distribution system from contamination or pollution due
to the backflow or back-siphonage of contaminants or pollutants through the
water service connection. If, in the judgment of the Utilities Manager, an
approved backflow device is required at the Town's water service connection
to any customer's premises, the Utilities Manager or his delegated agent
shall give notice, in writing, to said customer to install an approved backflow
prevention device at each service connection to his premises. The customer
shall, within 90 days, install such approved device or devices at his own
expense, and failure or refusal or inability on the part of the customer to
install said device or devices, within 90 days, shall constitute a ground
for discontinuing water service to the premises until such device or devices
have been properly installed.
The Department recognizes the threat to the public water system arising
from cross-connections. All threats will be classified by degree of hazard
and will require the installation of approved reduced pressure principle backflow
prevention devices or double check valves.
Any existing backflow preventer shall be allowed by the Department to
continue in service unless the degree of hazard is such as to supersede the
effectiveness of the present backflow preventer or result in an unreasonable
risk to the public health. Where the degree of hazard has increased, as in
the case of a residential installation converting to a business establishment,
any existing backflow preventer must be upgraded to a reduced pressure principle
device or a reduced pressure principle device must be installed in the event
that no backflow device was present.
The Department will publish a list of fees or charges for the following
services or permits:
A. Testing fees: $50 per unit.
C. Fee for reinspection: $25.
D. Charges, after-hours inspections or tests: $100.