[HISTORY: Adopted by the Town Meeting of the Town of Marion as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. XIV of the Bylaws]
No water main hereafter installed in any public or private way of the Town of Marion shall be connected to the Town water supply system until plans and specifications showing the proposed work are submitted to the Board of Selectmen and the Board of Selectmen has determined from examination of such plans and specifications that they give assurance that the work will conform to the provisions of this bylaw by endorsing thereon its approval in writing.
Said water main shall be installed in accordance with the specifications included as an attachment to this chapter.
Any water main hereafter installed shall be inspected and approved in writing by the Water Department before it is covered in and before it is connected to the Town's water supply system.
No water main hereinafter installed shall be accepted by the Town of Marion unless all of the foregoing requirements are hereafter complied with.
No water main shall be accepted by the Town until the Town has received a grant by deed of the way, or an easement over the way, in which said main is located to perform maintenance.
No water main shall be accepted by the Town of Marion unless the total annual revenue from the users of said main shall be equal to or greater than an amount computed as follows:
The Town of Marion shall not hereafter install or contract for the installation of any water mains on any private property.
This bylaw, which regulates the installation and acceptance of water mains, will become effective 60 days after any necessary approval required by law.
On and after the effective date of this bylaw, no main shall be accepted by the Town by means of purchase, and no Town funds are to be appropriated therefor, except this shall not apply to any water mains that were in the ground as of March 3, 1969. This bylaw shall take effect as required under MGL c. 40, § 32.
[Adopted 4-22-2002 ATM by Art. 20 (Art. XXVIII of the Bylaws)]
This bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under MGL c. 40, § 21 et seq., and implements the Town's authority to regulate water use pursuant to MGL c. 41, § 69B. This bylaw also implements the Town's authority under MGL c. 40, § 41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection.
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.
As used in this bylaw, the following terms shall have the meanings indicated:
- ENFORCEMENT AUTHORITY
- The Board of Water and Sewer Commissioners, the Department of Public Works, or other department or board having responsibility for the operation and maintenance of the water supply, the Health Department, the Town Police, and any other local designated body having police powers.
- Any individual, corporation, trust, partnership or association, or other entity.
- STATE OF WATER SUPPLY CONSERVATION
- A State of Water Supply Conservation declared by the Town pursuant to § 218-8 of this bylaw.
- STATE OF WATER SUPPLY EMERGENCY
- A State of Water Supply Emergency declared by the Department of Environmental Protection under MGL c. 21G, §§ 15 through 17.
- WATER USERS or WATER CONSUMERS
- 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.
The Town, through its Board of Water and Sewer Commissioners, may declare a State of Water Supply Conservation upon a determination by a majority vote of the Board that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. Public notice of a State of Water Conservation shall be given under § 218-9 of this bylaw before it may be enforced.
A declaration of a State of Water Supply Conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 218-10.
Outdoor watering days. Outdoor watering is permitted only on certain days of the week to be specified in the declaration of a State of Water Supply Conservation and public notice thereof.
[Amended 11-3-2003 STM by Art. S16]
Outdoor watering ban. Outdoor watering is prohibited.
Outdoor watering hours. Outdoor watering is permitted only during daily periods of low demand, to be specified in the declaration of a State of Water Supply Conservation and public notice thereof.
Filling swimming pools. Filling of swimming pools is prohibited.
Automatic sprinkler use. The use of automatic sprinkler systems is prohibited.
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a State of Water Supply Conservation shall be published in a newspaper of general circulation within the Town, or by such other means reasonably calculated to reach and inform all users of water of the State of Water Supply Conservation. Any restriction imposed under § 218-9 shall not be effective until such notification is provided. 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 Water and Sewer Commissioners 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 in the same manner required by § 218-10.
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. 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 day of violation shall constitute a separate offense.
Agents of the enforcement authority may enter upon any property for the purpose of inspecting and investigating any violation of this bylaw or enforcing the same.
The invalidity of any portion of provision of this bylaw shall not invalidate any other portion or provision thereof.