[Adopted 5-9-2017 ATM by Art. 11, approved by Attorney General 8-29-2017]
Editor's Note: Certain subsection designations in this bylaw have been added to or modified from the original so as to match the style and organization of the General Bylaws as codified. In addition, any internal cross-references to the prior numbering have been modified accordingly. See § 5-4 of this Code. This article also superseded former Art. II, Public Water Use Restriction and Restraint, adopted as Ch. XV, § 10, of the 1973 Bylaws, as amended.
This bylaw is adopted by the Town under its police powers pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article LXXXIX, to protect public health and welfare and pursuant to 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 under MGL c. 21G, §§ 15 through 17.
The purpose of this bylaw is to protect, preserve and maintain the public health, safety and welfare whenever a Restriction or Ban of Water Use is declared, by ensuring an adequate supply of water for drinking and fire protection and to protect the quality and quantity of water in local aquatic habitats such as ponds, rivers and wetlands. This purpose will be accomplished by providing for the imposition and enforcement of any duly implemented restrictions, requirements, provisions or conditions on water use imposed by the Town in accordance with this bylaw, the Town of Ipswich Water Rules and Regulations and/or by the Department of Environmental Protection under its state law authorities.
All users of the public water supply system and users of private water sources, exclusive of stormwater harvested and stored in tanks or cisterns, shall be subject to this bylaw.
- Farming in all its branches as defined at MGL c. 128, § 1A.
- The Massachusetts Department of Environmental Protection (DEP).
- DROUGHT MANAGEMENT PLAN
- The Town of Ipswich Drought Management Plan, Appendix VII of the Town of Ipswich Water Rules and Regulations.
- Any individual, corporation, trust, partnership, association, agency or authority, or other entity and any officer, employee, group or agent of such persons.
- RESTRICTION OR BAN OF WATER USE
- A Restriction or Ban of Water Use declared by the Board of Water Commissioners or their designee, pursuant to § 220-6 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.
- The Town of Ipswich.
- WATER CUSTOMERS
- All persons using the public water supply irrespective of that person's responsibility for billing purposes for use of the water.
- WATER RULES AND REGULATIONS
- The Town of Ipswich Water Rules and Regulations.
- WATER SOURCES
- All municipal water sources, all private wells, waterways, ponds, rivers and wetlands, excluding harvested stormwater.
- WATER USERS
- All persons using water within the Town, including private water sources.
The Town, through its Board of Water Commissioners or its designee authorized to act as such, may restrict or ban the use of water as set forth in Article I, Section 7 of the Water Rules and Regulations. Upon notification to the public that water use is being restricted or banned, no person shall violate any provision, restriction, requirement or condition of the declaration. The Water Commissioners may designate the Water Director or Town Manager to declare a Restriction or Ban of Water Use at any time that conditions warrant. Public notice of a Restriction or Ban of Water Use shall be given under § 220-8A of this bylaw before it may be enforced.
Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by the DEP, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the DEP for the purpose of bringing about an end to the State of Water Supply Emergency.
Public notification of restriction or ban of water use declaration. Notice to the public of all provisions, including all restrictions, requirements and conditions imposed by the Town as part of Restriction or Ban of Water Use Declaration shall be made as soon as possible, but no later than 48 hours following the declaration by press release and posting on the Town's website. The Town may also notify the public using other means determined to be appropriate including signage on roadways, cable TV, telephone, email, emergency communication system, etc.
Public notification of a state of water supply emergency. Notice to the public of all provisions, including all restrictions, requirements and conditions imposed by a State of Water Supply Emergency declared by the DEP shall be made by press release and posting on the Town's website. The Town may also notify the public using other means determined to be appropriate including signage on roadways, cable TV, telephone, email, emergency communication system, etc. This notice shall be provided as soon as possible, but no later than 48 hours after the public water system receives notice of the DEP's declaration of a State of Water Supply Emergency.
Any restriction imposed under § 220-6 or § 220-7 or in the DEP's State of Water Supply Emergency or Order shall not be effective until notification to the public is provided. Submittal of MassDEP's form "Notification of Water Use Restriction" shall be provided to the DEP within 14 days of the effective date of the restrictions, per MassDEP regulations [310 CMR 22.15(8)].
A Restriction or Ban of Water Use may be terminated by a majority vote of the Board of Water Commissioners or by decision of their designee upon a determination by either or both of them that the conditions requiring the Restriction or Ban of Water Use no longer exist. Public notification of the termination of a Restriction or Ban of Water Use shall given in the same manner as is required in § 220-8A for notice of its imposition.
Upon notification to the Town that the declaration of a State of Water Supply Emergency has been terminated by the DEP, the public will be notified of the termination in the same manner as is required in § 220-8B for notice of its imposition.
The Town through its Water Commissioners or its designee including the Water Director or Town Manager and/or local police may enforce this bylaw. Any person violating this bylaw shall be liable to the Town in the amounts listed below:
Each day of violation shall constitute a separate offense. Fines shall be recovered by complaint before the District Court, or by noncriminal disposition in accordance with § 21D of Chapter 40 of the General Laws. For purposes of noncriminal disposition, the enforcing person shall be any police officer of the Town or the Water Superintendent or the Superintendent's designee. If a State of Water Supply Emergency has been declared the Water Commissioners may, in accordance with MGL c. 40, § 41A, shut off the water at the meter or the curb stop.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
The Water Commissioners may regulate the registration, specifications, installation and monitoring of in-ground irrigation systems and appurtenances for all water users.