City of Chicopee, MA Article 1.0 Import of Ordinances; General Provisions

§ 269-1.1 Title.

This chapter may be referred to as the "Water Use Ordinances."

§ 269-1.2 Authority.

Under the authority of Chapter 40 (§ 42, §§ 42A through 42K, § 41A, Acts and Resolves of Massachusetts) and in furtherance of the goals set forth therein, the City of Chicopee has established the following chapter governing the use of the public and private water facilities in the City of Chicopee.

§ 269-1.3 Repeal of City ordinance.

§ 269-1.4 Purpose.

This chapter is intended to protect the public health, safety and welfare and to ensure proper and safe operation of the City's water distribution and treatment system and facilities.

§ 269-1.5 Severability; repealer.

A. The provisions of this chapter, or any order or permit of the Superintendent are severable, and if any provision contained therein, or the application thereof, is held invalid, the application of such provision to other circumstances and the remainder of this chapter, order or permit shall not be affected thereby.

B. All codes or parts of codes in conflict herewith are hereby repealed.

§ 269-1.6 Applicable policies, ordinances and regulations.

Every user of the public water system or private water mains that are connected to the public drinking water system shall be subject to these policies and the ordinances of the City, as they apply, and to any charges, rates, fees and assessments which are or may be established by the Water-Sewer Commission or the City. Any user of the public water system or private water mains shall also be subject to applicable state and federal regulations. In instances where various ordinances contain conflicting requirements, the most stringent requirements shall be met. In addition to this chapter, the most recent editions of the following rules or guidelines shall be adhered to:

A. Commonwealth of Massachusetts, Department of Environmental Protection. 310 CMR 22 Division of Water Supply: Guidelines and Policies for Public Water Systems, as amended.

B. Commonwealth of Massachusetts, Board of State Examiners of Plumbers and Gas Fitters: Uniform State Plumbing Code and Massachusetts Fuel Gas Code (State Plumbing Code), 248 CMR 10.

C. Commonwealth of Massachusetts, Department of Public Health: State Sanitary Code, 105 CMR 400, Chapter I and Chapter II.

D. Commonwealth of Massachusetts, Department of Environmental Protection: Drinking Water Regulations: 310 CMR Section 22.

E. Commission: Billing, Termination and Appeal Regulations.

F. Commission: Site Plan Requirements.

G. National Fire Protection Association: National Fire Code; City of Chicopee: Fire Prevention Code.

H. City of Chicopee Health Department Commission Ordinances/Regulations.

I. The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

J. Federal Safe Drinking Water Act of 1974, (Public Law 93-523).

§ 269-1.7 Right to amend.

The City Council reserves the right to amend this chapter in any manner it deems necessary or appropriate.

§ 269-1.8 Effect on other provisions.

No provision of this chapter shall be deemed to contravene or render ineffective any valid City regulation or ordinance.

§ 269-1.9 Required applications and permits.

A. Applications and permits required by this chapter are in addition to applications and permits that may be required by other federal, state, City and local laws or ordinances. The following applications and permits are required by this chapter:

(1) General service application.

(2) Hydrant permit.

(3) Termination verification approval application.

(4) Application for site plans.

B. The Superintendent of Public Works shall enforce, pursuant to Article 8.0 of this chapter, the terms and conditions of permits issued.

C. The Superintendent may modify a permit as deemed necessary or appropriate or as required by state or federal law.

D. A permittee may request reconsideration of the terms and conditions in an issuance, renewal, modification or denial of a permit by the Superintendent to the Water-Sewer Commission pursuant to Article 9.0 of this chapter.

E. A permit shall not be assigned or transferred without prior written approval of the Superintendent. After approval of a permit assignment or transfer, the permittee shall provide a copy of the permit to the assignee or transferee.

F. This chapter shall not be construed to require the Superintendent and/or the Commission to permit itself or those in its employ for activities done to carry out the Superintendent and/or Commission's responsibilities under any federal or state law, regulation or requirement.