[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.
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.[1]
The removal or taking of water from a surface water body.
A.
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.
B.
This bylaw shall not apply to withdrawals of water from a surface
water body in the Town for the following purposes and uses:
(1)
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."
(2)
Firefighting, flood control, or any other use undertaken for public
safety purposes.
(3)
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.
(4)
Use by the owner of property that is adjacent to the surface water
body from which the withdrawal is made.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
