[HISTORY: Adopted by the Town of Lancaster 5-3-2010 ATM by Art. 18. Amendments noted where applicable.]
The purpose of this bylaw is to protect the water quality and volume of water in the surface water bodies within the Town of Lancaster by prohibiting the withdrawal of water from surface water bodies for private commercial use through pumping or other means. The bylaw is intended to prevent changes in the quality and volume of water due to the withdrawal itself or due to the introduction of nutrients, chemicals, and plant materials caused by contact between the withdrawal devices and the surface water body.
The following definitions shall apply in the interpretation and implementation of this bylaw:
- Any individual, group of individuals, association, partnership, corporation, company, business organization, or trust, and its legal representatives, agents, and assigns; but not including the commonwealth or a political subdivision thereof, administrative agency, public or quasi-public corporation or body, or the Town of Lancaster.
- SURFACE WATER BODY
- Any lakes, reservoirs, and ponds of any size, and any rivers, streams, brooks and creeks, whether perennial or intermittent, as are subject to the jurisdiction of the Conservation Commission under the Lancaster Wetlands Protection Bylaw.
- WITHDRAWAL or WITHDRAWAL OF WATER
- The removal or taking of water from a surface water body.
Except as provided hereafter in Subsection B, no person shall withdraw water from a surface water body in the Town by means of pumps, hoses, pipes, or other devices or means.
This bylaw shall not apply to withdrawals of water from a surface water body in the Town for the following purposes and uses:
Use in agriculture, as defined by MGL c. 128, § 1A, on property adjacent to the surface water body from which the withdrawal is made, including work performed for normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Wetlands Protection Act Regulations found at 310 CMR 10.04, "Agriculture."
Firefighting, flood control, or any other use undertaken for public safety purposes.
Water supply uses that are permitted and regulated by the Department of Environmental Protection pursuant to the Water Management Act, MGL c. 21G, and its regulations.
Use by the owner of property that is adjacent to the surface water body from which the withdrawal is made.
The Lancaster Conservation Commission shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon the Conservation Commission may be delegated, in writing, by the Conservation Commission to its employees or agents.
After public notice and hearing, the Conservation Commission may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Conservation Commission to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw.
The Conservation Commission, or an authorized agent of the Conservation Commission, shall enforce this bylaw and any regulations, and may for that purpose issue a written order to enforce the provisions of this bylaw or pursue any available civil and criminal remedies.
If a person violates the provisions of this bylaw, regulations, notice or order issued thereunder, the Conservation Commission may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations.
Any person who violates any provision of this bylaw, regulations, notice or order issued thereunder shall be punished by a fine of not more than $300. Each day or part thereunder that such violation occurs or continues shall constitute a separate offense.
As an alternative to criminal prosecution or civil action, the Town may elect to utilize the non-criminal disposition procedure set forth in MGL c. 40, § 21D, which has been adopted by the Town in the Code of the Town of Lancaster, Chapter 1, § 1-1, Enforcement option, in which case the Conservation Commission, its authorized agent, or a police officer shall be the enforcing person. The penalty for each violation shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
The remedies listed are not exclusive of any other remedies available under any applicable federal, state or Town law or regulation.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.