[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:
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.
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:
A.
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.
B.
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.
