GENERAL REFERENCES
Sewers — See Ch. 165.
Subdivision regulations — See Ch. 245.
This bylaw is intended to regulate the use of water supplied by the Department of Public Works (DPW).
The purpose of this bylaw 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 (DEP).
As used in this article, the following terms shall have the meanings indicated:
STATE OF WATER SUPPLY CONSERVATION
A State of Water Supply Conservation declared by the Board of Selectmen or DPW Director pursuant to § 228-4.
STATE OF WATER SUPPLY EMERGENCY
A State of Water Supply Emergency declared by the DEP under M.G.L. ch. 21G, §§ 15 through 17.
WATER USERS
All public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility.
A. 
The Board of Selectmen may declare a State of Water Conservation upon an affirmative vote of the majority of the members.
B. 
The DPW Director may declare a State of Water Conservation if:
(1) 
The level of water in the Chestnut Street stand pipe falls to 65 feet.
(2) 
The demand for water has exceeded the actual pumping capacity of the system for a period longer than four days.
(3) 
A mechanical failure has occurred removing one or more of the Town's wells from operation.
(4) 
The DEP requires conservation conditions related to the Town's registered or permitted water withdrawals under the Massachusetts Water Management Act.[1]
[1]
Editor's Note: See M.G.L. ch. 21G.
C. 
Public notice of a State of Water Conservation must be given under § 228-6 before it may be enforced.
A declaration of a State of Water Conservation issued by the Board of Selectmen or the DPW Director may include one or more of the following restrictions, conditions, or requirements restraining the use of water for nonessential purposes as necessary to protect the water supply, which shall be included in the public notice required under § 228-6.
A. 
Odd/Even lawn watering. Lawn watering at facilities with odd-numbered addresses is permitted only on odd-numbered days. Lawn watering at facilities with even-numbered addresses is permitted only on even-numbered days.
B. 
One weekday outdoor watering. Outdoor watering by water users is allowed on the day which Town trash collection is scheduled for pick up.
C. 
One weekend day outdoor watering. Outdoor watering by water users with odd-numbered addresses is restricted to Saturdays. Outdoor watering by water users with even-numbered addresses is restricted to Sundays.
D. 
Outdoor watering hours. Outdoor watering is permitted only during off-peak hours, to be specified in the declaration of a State of Water Conservation and public notice.
E. 
Hand-held hose watering. Outdoor watering by water users is allowed but only if a hose is continuously attended. No lawn sprinklers or automatic sprinkler systems allowed.
F. 
Outdoor watering ban. Lawn watering, and all other forms of nonessential outdoor water use, is prohibited.
G. 
Filling swimming pools. Filling of swimming pools is prohibited.
H. 
Automatic lawn sprinkler use. The use of automatic lawn and garden sprinkler systems is prohibited.
A. 
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a State of Water Supply Conservation shall be:
(1) 
Published in a paper of general circulation in the Town;
(2) 
Posted on the local cable television government information scroll;
(3) 
Posted on the Bellingham Department of Public Works and Town Home web page; or
(4) 
Such other means reasonably calculated to reach and inform all users of water of the State of Water Supply Conservation.
B. 
Any restriction imposed under § 228-5 shall not be effective until such notification is provided.
C. 
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 by:
A. 
Announcement on televised meeting of the Board of Selectmen;
B. 
Issuance of a press release to papers of general circulation in the Town;
C. 
Removal of posting from the local cable television government information scroll, and posting of termination;
D. 
Removal of the notice from the Bellingham Department of Public Works and Town Home web page, and posting of termination; or
E. 
Such other means reasonably calculated to reach and inform all users.
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, condition of any order approved or issued by the Department intended to bring about an end to the State of Emergency.
Any person violating this bylaw 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 General Fund. Each day of violation represents an independent violation. Fines shall be recovered by complaint before the District Court. Each separate issuance of a citation pursuant to this article shall constitute a separate violation.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
This bylaw shall apply only to wastewater treatment and disposal facilities (WWTDF) that are constructed by private parties on public property or on property that will become public property upon completion of a project.
This bylaw will not apply to WWTDF which service condominium complexes, which must be retained as property of the condominium association. The operations, maintenance, and repair of such are to be solely the responsibility of the condominium association.
Such WWTDF will be approved under the following conditions:
A. 
The WWTDF must be approved and accepted by the DPW Director and its locus must be deeded to the Town prior to any building being connected.
B. 
The project must deposit a sum of money into a Town owned and administered special gift account, which is to be calculated and specified by the DPW Director or the Town Administrator. The amount of the gift will be calculated such that the annual interest earned will be sufficient to fund the annual costs of wastewater treatment and disposal that is in excess of the average cost for wastewater treatment paid by the Town prior to adding said WWTDF to the Town system. The special gift account must be established prior to any building being connected.
The Board of Selectmen may waive strict compliance with this bylaw upon receipt of an application for waiver from the proponent and receipt of comments from the DPW, Board of Health, Inspector of Buildings, and Planning Board.