[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-22-1990 ATM, Art. 30]
This article is adopted by the Town of Williamstown under its home rule posers, its police powers to protect 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 or by the Department of Environmental Protection and included in the town's plan approved by the Department of Environmental Protection to abate the emergency.
For the purpose of this article, the following terms have the meanings indicated:
- ENFORCEMENT AUTHORITY
- The town's Board of Water Commissioners or other department or board 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.
- STATE OF WATER SUPPLY EMERGENCY
- A state of water supply emergency declared by the Department
of Environmental Protection pursuant to MGL C. 21G, § 15,
or MGL C. 111, § 160, or by the Governor.[Amended 3-23-1998 STM, Art. 2]
The following shall apply to all users of water supplies supplied by the town:
Following notification by the town of the existence of a state of water supply emergency, no person shall violate any provisions, 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.
Notification of any provision, restriction, requirement or condition with which users of water supplied by the town 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 or by such other notice as is reasonably calculated to reach and inform all users of the town supply.
Any person or entity who violates this article 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 for such uses as the Board of Water Commissioners may direct. 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 separate instance of noncompliance following the issuance of any warning or citation pursuant to this section 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 hereof.