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Rules & Regulation

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Part 1

Water Division Regulations

[Adopted 6-13-1989 ATM by Art. 22 (Art. 37 of the 1922 Bylaws)]

ARTICLE I

Purpose; Definitions 

§ 223-1.           Purpose.

The following regulations are a part of the contract with every person who takes water and govern the relations between the Water Division and its consumers and the Contractors/Developers who install water systems.

§ 223-2.           Definitions.

As used in this Part 1, the following terms shall have the meanings indicated:

CONSUMER – The individual, firm or corporation listed as the owner of the property.

CONTRACTORS and DEVELOPERS – An individual firm or corporation who installs water mains, water services and their appurtenances.

DIVISION – The Town of Easton Department of Public Works, Water Division.

MAIN – The supply pipe laid in the street from which house connections are made.

SERVICE – The pipe running from the main in the street including a curb stop and curb box at the property line, a shutoff valve, meter and meter connection usually inside the cellar wall.

SUPERINTENDENT – The Superintendent of the Water Division or the Superintendent’s designee.

ARTICLE II

General Regulations

§ 223-3.           Application for water service; fee.

All applications for introduction of town water onto private premises shall be made to the Division by the owner of the property by the person to be charged therefor or by their authorized agent.  The fee for connection charges must be paid prior to issuance of a Building Permit. 

§ 223-4.           Responsibility for charges.

Consumers of water shall be charged with and held responsible for all water passing through their service pipes until such time as the Division is notified in writing that they no longer desire the use of water.  In case of the sale of the property, such notice shall give the name of the new owner.

§ 223-5.           Private wells.

All private wells shall be registered with the Board of Health and shall display in a conspicuous location a well registration sign in accordance with Board of Health regulations.

§ 223-6.           Unusual construction.

Owners of property desiring any unusual construction, alterations or attachments connected with the water supply shall submit plans and specifications for the proposed work to the Superintendent for inspection and approval or disapproval and for a determination as to whether the same is permissible.  The Superintendent shall determine the terms, charges and conditions under which the proposed use shall be permitted.

§ 223-7.           Right of entry.

Owners or occupants of any commercial, industrial or residential premises served by Easton’s water system shall, upon presentation by Division personnel of their credentials, authorize entry to their premises without a warrant for the purpose of inspecting and surveying their water system for new installations or cross connections or to remove, repair or replace any water meter at any time the Division deems necessary.  When such access is refused, the water shall be shut off and shall not be turned on until such access has been allowed and fees have been paid for shutting off and turning on the water.

§ 223-8.           Fires.

Whenever a fire occurs in the town, it is the duty of consumers to discontinue, as far as practicable, the use of water.

§ 223-9.           Conditions of service.

The town does not guarantee constant pressure or uninterrupted service, nor does it assure the Consumer either a full volume of water or the required pressure necessary to effectively operate hydraulic elevators, sprinkler systems or other appliances, the same being subject to all the variable conditions that occur in the supply of water from the town’s water system.

§ 223-10.         Interruption of service.

No Consumer shall be entitled to damages or to have payment refunded for any interruption of supply occasioned by accident to any portion of the works, by shutting off for the purpose of additions or repairs to the works or by the stoppage or shortage of supply due to causes beyond the control of the Division, such as excessive drought, excessive use of and waste of water by other Consumers or by leaks or defects in the pipes or appliances owned by him or her or other consumers.

§ 223-11.         Dirty water.

The town shall not be responsible for damages caused by dirty water resulting from the opening or closing of any gate for repairs, the use of any hydrant or the breaking of any pipe.

§ 223-12.         Consumer’s pipes.

The town assumes no liability for conditions which exist in consumer’s pipes and cause trouble coincident with or following the repairs of any main, service pipe, meter or other appliances belonging to the Division.

§ 223-13.         Safety appliances for boilers; town not liable for damages.

The Division reserves the right at any time and without notice to shut off the water in the mains for purposes of making repairs, extensions or for other necessary purposes.  Consumers having boilers or other appliances on their premises depending on the pressure in the pipes to keep them supplied with water are hereby CAUTIONED against danger from their sources and are required to provide, at their own expense, suitable safety appliances to protect themselves against such danger.  In any event, it is expressly stipulated that the Division will not be liable for any damage, resulting from water having been shut off, either through accident or necessity.

§ 223-14.         Shutting off water without notice.

When it becomes necessary to shut off the water from any section of the town because of an accident or for the purpose of making changes or repairs, the Division shall endeavor to give timely notice to as many of The Consumers affected thereby, as time and the character of the repairs or the accident will permit, and shall, so far as practical, use its best efforts to prevent inconvenience and damage arising from any such cause.  However, failure to give such notice shall not render the Division responsible or liable for any damages that may result from the shutting off of the water or any coincident condition.

§ 223-15.         Outside water use.

All outside water use for any purpose shall be used on an odd-even basis during June 1 to September 1.  E.g. 417 Bay road would be allowed to use outside water on any calendar day with the date being an odd number (1,3,5, etc.).

ARTICLE III

Charges

§ 223-16.         Minimum charge.

A minimum charge shall be assessed for water service from the date the water is turned on, whether the water is used or not.

§ 223-17.         Turning water on or off.

A charge shall be made for turning on or shutting off water.

§ 223-18.         Collection of additional charges.

All bills for labor or material on Consumer’s property and charges for shutting off or turning on water shall be subject to the same conditions as bills for water.

§ 223-19.         Persons overdue bills.

No person who owes an overdue bill for water charges shall be entitled for the further use of water at the same or any other premises until such water charges are paid in full, together with costs.  Such costs shall include incurred interest.

§ 223-20.         Claims for adjustment of bills.

All claims for adjustments of water bills shall be made within 30 days.

§ 223-21.         Meter required; all water to be paid for.

All water must be metered and paid for whether used or wasted.  A minimum charge shall be assessed for water service from the date the water is turned on.

§ 223-22.         Broken meters.

If a meter fails to register, the Consumer shall be charged at the average daily consumption as shown by the meter when in order, for the corresponding period of two years preceding.

§ 223-23.         Supplying water to other premises prohibited.

A consumer shall not be permitted to supply the premises of another person with water, except in special emergencies, and then only with the approval of the Superintendent.

ARTICLE IV

Meters

§ 223-24.         Shutoff valve and stop valve.

A shutoff valve at the meter inlet shall be the first fitting inside a serviced building and shall be approved by the Division.  A stop valve shall be installed near the outlet of the meter by the Consumer, at their expense, to permit removal of the meter without backflow from the internal water system.

§ 223-25.         Consumers to pay for repairs.

All repairs or injuries to meters from freezing, hot water or external causes shall be charged to the Consumer.  No sale or transfer to title of property in the town shall operate to bar the Division in the collection of any balance due to meter repairs.

§ 223-26.         Size, type and kind of meter.

The proper size, type and kind of meter required for any given service shall be approved by the Superintendent.

§ 223-27.         Installation; meters to be sealed.

All meters up to and including one inch in size shall be set by an employee of the Division and shall not be moved or disturbed except by the same.  Larger meters shall be installed and maintained by the Consumer under the Division’s supervision.  All meters shall be sealed.

§ 223-28.         Meter pits.

Installation of meter pits shall be at the Consumer’s expense.

§ 223-29.         Right to change meters.

If, in the opinion of the Superintendent, a meter does not fit the conditions of the service installation, the Division has the right to change such meter.  Such change shall be made in accordance with current regulations and paid for by the consumer.

§ 223-30.         Repairs.

The Division shall have the right to remove, repair or replace any meter at any time it so determines.  All meter installations on services which cannot be shut off for meter repairs shall be equipped with a metered bypass at the expense of the consumer.

§ 223-31.         Access.

It shall be the duty of all consumers to ensure that meters on service connections wherever located shall be readily accessible at all times to Division personnel.  Failure to remove any obstruction which prevents access to the meter within three days after being notified by the Division shall cause the water to be shut off to the premises, and it shall not be turned on until all obstructions are removed, all regulations complied with and all expenses for shutting off and turning on the water are paid.

§ 223-32.         Testing meters by request.

The accuracy of the meter of any premises shall be tested by the Division upon written request of the Consumer, who shall pay in advance a fee to cover the cost of the test.  If, on such a test the meter is found to register over 2% more water than actually passes through it, the meter shall be repaired, the fee shall be refunded and the water bill for the current period shall be adjusted in accordance with the result of the test.  However, if it appears that the consumer was charged or has paid for less water than they should have been charged or should have paid, they shall, forthwith, be charged with the proper additional amount and shall pay the same, together with the expense of the examination and test, to the town.

ARTICLE V

Service Pipes and Fixtures

§ 223-33.         Responsibility of consumers.

Consumers must keep their water pipes and fixtures in good repair and protected from frost at their own expense.  They shall be held responsible for any damage resulting from their failure to do so.  They shall prevent any waste of water.

§ 223-34.         Inspections.

All new service pipes must be inspected by the Division before covering the trench.  All pipes and trenches shall meet the approval of the Division.

§ 223-35.         New service connections; tapping and connection fees.

On town-accepted roads, new service connections shall be made by the Division and brought to the Consumer's property line.  The Consumer shall be charged the current rate for tapping and connection fees.

§ 223-36.         Service pipes.

All service pipes between the street line and the cellar wall may be repaired or re-laid by the Division when it deems it necessary for the protection of the supply or the giving of satisfactory water service.  The cost shall be charged to the Consumer.

§ 223-37.         Temporary service from adjacent premises.

When permission to open a permanently paved street is refused by the Board of Selectmen or when, for any physical reason, it is impossible to open a street and the applicant requests that water be furnished temporarily from an adjacent service, the same may be done at the expense of the consumer if approved by the Superintendent.

§ 223-38.         Extra large or special service pipe.

Any consumer requiring a service pipe between the main and the street line which is of a different type or larger size than ¾ inch shall be at the expense of the consumer.

§ 223-39.         Charges for repairs.

The pipe from the street to the building (or all pipe beyond the town property line, including meter pits and curb boxes) is the property of the Consumer, and all the repairs to the same shall be made at their expense.

§ 223-40.         Fittings.

All fittings supplied by the Division to the Consumer shall be billed to the consumer.

§ 223-41.         Irregular service.

Services for other than permanent structures, or which are used only a part of the year shall be installed at the expense of the Consumer.

§ 223-42.         One service connection per premises.

Only one service connection shall be made to each dwelling unit located in a building or to each commercial or industrial building.

§223-43.  Requests for turning on or shutting off water.

Requests for turning on or shutting off a water service shall be made in writing 24 hours in

advance, except in case of an emergency. Consumers shall be charged for each such service. Only Division personnel shall open or close curb cocks. Requests for turning on or shutting off water, other than at normal working hours, shall be billed at the overtime rate. 

§ 223-44.  Installation during winter months.

No new services shall be installed during November 15 to April 15 except in such cases deemed emergencies. Applications must be received by November 1. Installation of services beyond the end of an existing water main shall not be allowed. The main must be extended (including necessary hydrants and appurtenances) to the furthest limit of the Consumer’s property at their expense. Water mains shall be looped when required by the Superintendent.

§ 223-45.         Proximity to other utilities.

Service pipes shall not be placed within 10 feet of any other utilities except under special conditions and with the approval of the Superintendent.  The Division shall not be responsible for damage to other utilities laid within 10 feet of a water service or water main.

§ 223-46.  Standby fire protection.

The Division shall furnish water for standby fire protection service in accordance with the rates for sprinkler systems. All equipment for this purpose shall be installed entirely at the expense of the Consumer and with the approval of the Superintendent. Such pipes shall not be used for supplying water for any other purposes and must be so arranged that easy inspection can be made by Division personnel. Whenever it is considered necessary for the protection of the water supply and in the interest of the town, the Superintendent shall have the right to require the installation of meters, alarms or other accessories. The installation and upkeep of such equipment shall be at the Consumer’s expense.

§ 223-47.  Testing of private fire systems.

No water shall be taken or used through private fire systems for the purpose of testing unless the Superintendent issues written permission. Such test must be conducted under the supervision of the Division.

 § 223-48.  Private fire hydrants.

Fire hydrants on private property shall be inspected and serviced once every two years by the Division for a fee. Any repairs necessary for proper operation of hydrants shall be the responsibility of the property owner and shall be completed within 30 days after due notice in writing has been given to the owner by the Division.

§ 223-49.   Use of fire hydrants.

The use of fire hydrants, town and private, is restricted to members of the Fire Department and to employees of the Division. Other persons may use the fire hydrants only with the specific permission of the Superintendent.

§ 223-50.  Backflow preventers. [Amended 4-30-1996 ATM by Art. 39]

If, in the opinion of the Superintendent, the installation of an approved backflow preventer(s) on the property side of a meter is considered necessary for the safety of the water system, such approved device(s) shall be immediately installed at the expense of the Consumer after due notice in writing has been given to the consumer by the Superintendent. Said device(s) shall be installed and tested in accordance with the drinking water regulations of Massachusetts, 310 CMR 22.22. All test performed by the Division shall be charge as set forth in Section 8.6.

ARTICLE VI

Requirements and Specifications for Water Mains

§ 223-51.  Pipe and fittings. [Amended 4-30-1996 ATM by Art. 39]

A.                 All pipe shall conform in design and manufactured to the latest issue of AWWA     Standard C151, “Ductile-Iron Pipe, Centrifugally Cast, For Water or Other Liquids.” Pipe shall have a pressure class of 350.

B.                 All fittings shall be ductile iron and conform in design and manufactured to the latest issue of AWWA Standard C110, “Ductile-Iron and Gray-Iron Fittings,” 3-Inch Through 48-Inch For Water and Other Liquids.

C.                 All pipe and fittings shall have a cement-mortar lining inside and a bituminous seal coat applied both inside and outside to conform with AWWA C104, “Cement-Mortar Lining For Ductile-Iron Pipe and Fittings For Water.”

D.                 Push-on and mechanical joints are permitted and shall conform in design and manufactured to the latest issue of AWWA Standard C111, “Rubber-Gasket Joint For Ductile-Iron Pressure Pipe and Fittings.”

§ 223-52.  Valves. [Amended 4-30-1996 ATM by Art. 39]

A.  All valves shall conform in design and manufactured to the latest issue of AWWA Standard C509, “Resilient-Seated Gate Valves For Water Supply.”

B.     All valves shall have a two-inch operating nut, mechanical joint hubs (except for wet taps), and open in a counter clockwise direction. If shallow depth of bury or other conditions of service require that the valve be installed in a horizontal position, a nut-operated bevel gear shall be fitted to the valve for service operation through a valve box.

§ 223-53.  Hydrants. [Amended 4-30-1996 ATM by Art. 39]

Hydrants shall conform in design and manufacture to the latest issue of AWWA Standard C502, “Dry Barrel Fire Hydrants.” Acceptable hydrants are the U.S. Pipe Metropolitan 250 Model 94, the Darling B62B and the A423 Mueller 200 Super Centurion.

A.     Hydrants shall be manufactured to highest quality and design.

B.     Hydrants shall be compression type, i.e., the main valve shall open against and close with water pressure. Hydrants shall be of the dry top design with “O” ring seals to ensure that the operating threads will be protected from water entry.  Dry top design is to include a factory-lubricated operating mechanism that allows supplemental lubricant to be added in the field without the removal of the top section.  The downward travel of the main rod and valve assembly to the full open position shall be controlled by a travel stop device located in the upper stem section of the rod or have a positive stop in the base of the hydrant shoe.  The drain mechanism shall be an integral part of the valve assembly.  All internal parts shall be removable through the top of the hydrant when the bonnet has been removed.

C.     Hydrants shall comply with the following:

(1)   Main valve opening: 5.25 inches.

(2)   Outlets:

(a)    Hose connections: two to 2.50 inches.

(b)   Steamer connection: one to 4.50 inches.

(3)   Operating nut size: pentagon 1.50 inch point to flat.

(4)   Thread type: national standard.

(5)   Shoe: six-inch mechanical joint (range 6.90 to 7.10 outside diameter). 

(6)   Direction of opening: counterclockwise.

(7)   Bury length: 5.5 feet.

(8)   Height (bury line to operating nut): 28.75 inches minimum.

(9)   Subseat material: bronze.

(10)           Model: traffic (breakaway design).

(11)           Color: orange body, black bonnet and caps.

D.     All hydrants shall have a permanently mounted marking device approved by the Division.

§ 223-54.         Cover over pipe.

A.                 Pipe shall have five feet of cover measured to finish grade of the street.  Pipe to be hand-covered one foot with sand or stone free gravel and compacted and tamped around pipe to give good support and protection.

B.                 In case of any excavations in swamp or when unsuitable material is encountered, the Contractor shall replace the same with a good material to provide proper support and alignment of the pipe line. In some cases, the contractor shall use crushed stone for a good bedding.  Trench backfill shall be suitable material taken from the excavation, approved common borrow or gravel hauled in.  No mud, frozen earth, stones larger than eight inches or other objectionable material is to be used for refilling.

§ 223-55.         Ledge. 

All ledge shall be removed to a width two feet greater than the diameter of the pipe and one foot below the underside of the pipe.  A bed of sand shall be placed in the trench prior to laying pipe.

§ 223-56.         Blasting.

All blasting shall be completed within a distance of 50 feet from any water service or water main.

§ 223-57.         Survey markers.

Survey markers (line and grade) shall be required on all newly proposed streets.  Pipes shall be laid within the roadway layout (or easement in certain cases) as shown on plans approved by the Town of Easton Planning and Zoning Board.

§ 223-58.         Excavation within public ways.7

A.                 A street opening permit shall be obtained from the Department of Public Works before any excavation can begin within any town-accepted street.  The work shall be performed in accordance with permit.

B.                 A street opening permit shall be obtained from the Massachusetts Department of Public Works before any excavation can begin within either Belmont Street (State Route 123) or Turnpike Street/Washington Street (State Route 138).  The work shall be performed in accordance with permit.

§ 223-59.         Service pipes.

A.                 Each unit shall have its own separate service, consisting of a corporation stop, curb stop, curb box, cellar valve, meter and remote register.  The service pipe shall be at least three-fourths-inch Type K copper in accordance with “Underground Service Lines, Valves and Fittings,”AWWA C800 latest edition.

B.                 Use of any other material is subject to approval by the Superintendent.  No sweat fittings shall be allowed between the street main and the meter regardless of the meter location.  Where the service length is 100 feet or greater, the size of the service pipe shall be subject to approval by the Superintendent.  A meter pit at the street line is required where the length of the service pipe is 150 feet or greater.

C.                 Plastic service pipes will be allowed after the meter at meter pit locations and shall be copper tubing size with a minimum of 160 psi bursting pressure. 

§ 223-60.         Testing.

A.                 Before acceptance by the Division, the pipe shall be pressure-tested and chlorinated in accordance with “Installation of Ductile-Iron Water Mains and Appurtenances,” AWWA Designation C600, latest edition.

B.                 No one shall pressure-test or chlorinate an installation without notifying the Division at least 48 hours prior.  An employee of the Division must be present for the duration of  pressure test and chlorination to witness and sign the results.  All pressure-test reports shall consist of the actual distance of pipe by size, number of valves and hydrants.  The water for disinfection and flushing shall be furnished by the town.

7          See also Ch. 136, Excavation, and Ch. 202, Streets and Sidewalks.

C.                 Samples of water taken after the disinfection of the water pipes shall be delivered to a testing laboratory approved by the Commonwealth of Massachusetts.  Copies of the test results shall be delivered to the Superintendent who shall then determine whether the pipes may be connected to the town’s water system.

ARTICLE VII

Enforcement; Violations and Penalties

§ 223-61.         Shutting off water. 

Any violations of these regulations may result in the Superintendent ordering the shutting off of the water to the violator’s premises.  When the water has been shut off for violations of rules, or their offense, it shall not be turned on again until the Division is satisfied that there shall not be further cause of complaint and charges have been paid to cover the cost of shutting off and turning on the water.

§ 223-62.      Violation of drinking water regulations. [Amended 4-30-1996 ATM by Art. 39]

Any consumer found to be in noncompliance with the drinking water regulations of Massachusetts, 310 CMR 22.22, shall be punished by the Commonwealth of Massachusetts, Department of Environmental Protection by a fine of not more than $25,000 for each day that violation occurs or continues.

§ 223-63.         Treatment.

No treatment shall be added to water supplied by the town, subject to a fine established by the Water Commissioners for individual offenses.

§ 223-64.         Mandatory water use restrictions. [Amended 11-17-2008 STM by Art. 9]

A.                Authority.  This section 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 section also implements the Town’s authority under MGL c. 40, § 41A, conditioned upon a declaration of a water supply emergency issued by the Department of Environmental Protection.

B.                 Purpose.  The purpose of this section 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.

C.                 Definitions:

(1)               Person shall mean any individual, corporation trust, partnership or association, or other entity.

(2)               State of Water Supply Emergency shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under MGL c. 21G, § 15-17.

(3)               State of Water Supply Conservation shall mean a State of Water Supply Conservation declared by the Town pursuant to Subsection D of this section.

(4)               Water Users or Water Consumers shall mean 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.

D.                Declaration of a State of Water Supply Conservation.  The Town, through it Water Commission, 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 Subsection F of this section before it may be enforced.

E.                 Restricted Water Uses. 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 Subsection F.

Mandatory outside water restrictions shall be in place annually from May 1st to November 1st. Lawn watering will be allowed under the odd-even restrictions, customers at an odd-numbered address can water on odd-numbered days; those at even-numbered addresses can water on even-numbered days. 

Phase I

Even numbered addresses will be restricted to allow lawn watering only between the hours of 5:00 AM to 8:00 AM and 6:00 PM to 9:00 PM

Odd numbered addresses will be restricted to allow lawn watering only between the hours of 5:00 AM to 8:00 AM and 6:00 PM to 9:00 PM

Handheld hoses will be allowed anytime.

 Phase II

Even numbered addresses will be restricted to allow lawn watering only on Monday and Thursday between the hours of 5:00 AM to 8:00 AM and 6:00 PM to 9:00 PM

Odd numbered addresses will be restricted to allow lawn watering only on Tuesday and Friday between the hours of 5:00 AM to 8:00 AM and 6:00 PM to 9:00 PM

Handheld hoses will be allowed anytime.

Phase III

Even numbered addresses will be restricted to allow lawn watering only on Monday between the hours of 5:00 AM to 8:00 AM

Odd numbered addresses will be restricted to allow lawn watering only on Tuesday between the hours of 5:00 AM to 8:00 AM

Handheld hoses will be allowed anytime.

Phase IV

All nonessential outdoor water use is prohibited.

Phase V

All outdoor water use is prohibited.



“Nonessential outdoor water use” includes uses that are not required: a) for health or safety reasons; b) by regulation; c) for the production of food and fiber; d) for the maintenance of livestock; or e) to meet the core functions of a business (for example, irrigation by golf courses as necessary to maintain tees, greens, and limited fairway watering, or irrigation by plant nurseries as necessary to maintain stock).

Examples of acceptable outdoor water uses include: a) irrigation to establish a new lawn during the months of May and September in accordance with Phase II restrictions and only with approval of the Water Operations Manager or Superintendent; b) irrigation of public parks and recreational fields in accordance with Phase II restrictions and only with approval of the Operations Manager; and c) irrigation of, gardens, flowers, and ornamental plants via hand held hoses only.

F.                  Public Notification of a State of Water Supply Conservation; Notification of DEP.  Notification of any provision, restriction, requirement of 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 Subsection E 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.

G.                Termination of a State of Water Supply Conservation; Notice.  A state of Water Supply Conservation may be terminated by a majority vote of the Water Commission, 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 Subsection F.

H.                State of Water Supply Emergency; Compliance with DEP Orders.  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.

I.                   Penalties.  Any person violating this section shall be given a written warning for the first violation.  Any person violating this section shall be liable to the Town in the amount of $50 for the second violation and $100 for each subsequent violation which shall inure to the Town for such uses as the Water Commission may direct.  Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with MGL c. 40, § 21D.  Each day of violation shall constitute a separate offense.

 

§ 223-65Tampering with Meters or Intentionally Damaged Meters:

 

Tampering with, hindering, altering or intentionally damaging water meters are offenses subject to fines and penalties under Mass General Law Chapter 165 Section 11, as amended by Chapter 374 of the Acts of 2010 along with the authority provided under  G.L. c. 40, §39G.


A.  Meter Tampering First Offense

 

Upon identification of a first offense of meter tampering the town shall issues a fine of $1,000.00 or triple the amount of any damages, whichever is greater. Damages shall include the value of the water, cost of the damaged equipment and all labor costs incurred.


B.  Meter Tampering Second Offense

 

A second offense of meter tampering shall impose the fine delineated in Section A, above. In addition to such fines, the town also may recommend criminal prosecution and imprisonment as allowed under G.L. c. 165, §11.


§ 223-66.         Defacing and littering town property in the watershed.

Any person or persons willfully defacing and/or littering upon town-owned property located within its watershed shall be fined no less than $300.