[HISTORY: Adopted by the Special Town Meeting of the Town of Groton 5-6-2002
by Art. 10. Amendments noted where applicable.]
This chapter 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 chapter 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 chapter 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 chapter, the following terms shall have the meanings
indicated:
Any individual, corporation trust, partnership or association, or
other entity.
A State of Water Supply Conservation declared by the Town pursuant to § 91-4 of this chapter.
A State of Water Supply Emergency declared by the Department of Environmental
Protection under MGL C. 21G, §§ 15 through 17.
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 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 Supply Conservation shall be given under § 91-6 of this chapter 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 § 91-6.
A.
Odd/Even day outdoor watering: Outdoor watering by water
users with odd-numbered addresses is restricted to odd-numbered days. Outdoor
watering by water users with even-numbered addresses is restricted to even-numbered
days.
B.
Outdoor watering ban: Outdoor watering is prohibited.
C.
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.
D.
Filling swimming pools: Filling of swimming pools is
prohibited.
E.
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 § 91-5 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 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 § 91-6.
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, or 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 chapter 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 Town. Fines shall be recovered by indictment, or
on complaint before the District Court, or by noncriminal disposition in accordance
with § 21D of Chapter 40 of the General Laws. Each day of violation
shall constitute a separate offense.
