[HISTORY: Adopted by the Town of Abington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-2006 ATM by Art. 8[1]]
[1]
Editor's Note: This Article also superseded
former Art. I, Water Use Restrictions, adopted 4-30-2001 ATM by Art.
22, as amended.
This Bylaw is adopted by the Town under its
police powers to protect public health and welfare and its powers
under M.G.L. c. 40 § 21 et seq. and implements the Town's
authority to regulate water use pursuant to M.G.L. c. 41 § 69B.
This Bylaw also implements the Town's authority under M.G.L. 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 and
preserve the public health, safety and welfare whenever there is in
force a state of water supply conservation or a 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. This Bylaw is also intended
to protect and preserve the public health, safety and welfare, by
restricting and prohibiting unauthorized water use and/or unregistered
water use by water users.
Any individual, corporation, trust, partnership, association,
or other entity which uses or is serviced by the Town's public water
supply.
A state of water emergency declared by the Department of
Environmental Protection under M.G.L. c. 21G §§ 15-17.
A state of water supply conservation declared by the Town pursuant to § 167-4 of this Bylaw.
All activations of water services, fire hydrants (excluding
Fire Department personnel during fire emergencies), or other segments
of the public water system by any person not authorized by the Water
Department.
Any water utilized or taken from the public water system
without a means of calculating actual consumption.
Any public or private users of the Town's public water system,
irrespective of any person's responsibility for billing purposes for
water used at any particular residence or facility.
The Town, through its Board of Water Commissioners,
may declare a state of water supply conservation upon determination
by a majority vote of the Board, at a public meeting, that a shortage
of water exists and conservation measures are appropriate to ensure
an adequate supply and adequate water pressure to all water customers.
Upon notification to the public that a state of water supply conservation
has been declared, no person shall violate any provisions, restrictions,
or requirements intended to bring about an end to the state of water
supply conservation.
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 public water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 167-7.
A.Â
Step One: Odd/even day outdoor watering restrictions.
All outdoor water uses by water users with odd numbered addresses
is restricted to odd numbered calendar days. All outdoor water uses
by water users with even numbered addresses is restricted to even
numbered calendar days.
B.Â
Step Two: Hand held hoses only. All outdoor water
uses are restricted to hand held hoses only. The odd/even outdoor
watering restrictions shall also be observed.
C.Â
Step Three: Outdoor watering hours. All outdoor water
uses are restricted to hand held hoses only between the hours of 7:00
a.m. and 8:00 a.m. or between the hours of 8:00 p.m. and 9:00 p.m.
The odd/even day outdoor watering restrictions shall also be observed.
D.Â
Step Four: Outdoor watering ban. All outdoor water
use is prohibited for all uses.
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.
Notification of any provisions, restrictions,
requirements or conditions imposed by the Town as part of a state
of water supply conservation, or by the Department of Environmental
Protection as part of a state of water supply emergency, shall be
given by the publication of at least one display advertisement in
a newspaper of general circulation within the Town, by the posting
of removable signs where any state highway crosses the Town line,
and by such other means reasonably calculated to reach and inform
all water users of the declaration of a state of water supply conservation
and/or emergency. Any restrictions imposed shall not be effective
until such notification is provided. Notification of the declaration
of a state of water supply conservation shall also be simultaneously
provided to the Massachusetts Department of Environmental Protection
in writing by the Board of Water Commissioners.
A state of water supply conservation may be
terminated by a majority vote of the Water Commissioners, at a public
meeting, upon a determination that the water supply shortage no longer
exists. A state of water supply emergency shall be terminated by the
Department of Environmental Protection upon a determination that the
emergency no longer exists. Public notification of the termination
of a state of water supply conservation and/or emergency shall be
given by the publication of at least one display advertisement in
a newspaper of general circulation within the Town, by the removal
of all erected water supply conservation and/or emergency signs, and
by such other means reasonably calculated to reach and inform all
water users of the termination of the state of water conservation
and/or emergency.
No person, water user or water commissioner
shall activate, or cause to be activated, any water main and/or appurtenances
to the public water system without prior authorization of the Water
Department.
No person, water user, or water consumer shall
activate, or cause to be activated, water main and/or appurtenances
to the public water system without first having a Water Department-approved
metering device installed to calculate the amount of water utilized.
No person, water user, or water consumer shall remove and/or alter
any metering device.
[Amended 6-6-2016 ATM
by Art. 9]
Any person found to have violated § 167-5 and/or § 167-6 of this Bylaw will receive a written warning for the first offense and shall be liable to the Town in the amount of $100 for each subsequent offense within the same calendar year. Any person found to have violated § 167-9 of this Bylaw shall be liable to the Town in the amount of $300 for each offense. Any person found to have violated § 167-10 of this Bylaw shall be liable to the Town in the amount of up to $300 for each offense. Fines shall be levied and assessed by employees of the Water Department and/or authorized agents of the Board of Water Commissioners upon witnessing any violation, or after investigating and verifying that a violation in fact occurred. Violators shall be entitled to appeal the assessment of any fines with the Board of Water Commissioners, and said appeal shall be held at a public meeting of the Board. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with M.G.L. c. 40 § 21D. Each day on which a violation of § 167-5 and/or § 167-6 occurred shall constitute a separate offense.
The invalidity of any portion or provision of
this Bylaw shall not invalidate any other portion or provision hereof.
