Section 1 – Authority
This Regulation is adopted by the Town of Littleton Water Department under its police powers to protect public health and welfare and its powers under M.G.L. c. §§21 et seg., and implements the Water Department’s authority to regulate water use pursuant to M.G.L. c. 41, §69B. This regulation also implements the Water Department’s authority under M.G.L. c.40, §41A, conditioned upon a declaration of water supply issued by the Department of Environmental Protection.
Section 2 – Purpose
The purpose of this regulation 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 of Littleton Water Department or by the Department of Environmental Protection.
Section 3 – Definitions
Person shall mean any individual, corporation, trust, partnership or association, or other entity.
State of Water Supply Emergency shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under M.G.L. c.21G, §15-17.
State of Water Supply Conservation shall mean a State of Water Supply Conservation declared by the Littleton Water Department pursuant to section 4 of this regulation.
Users of 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 usage at any particular facility.
Section 4 – Declaration of a State of Water Supply Conservation
The Town of Littleton 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/or the demand for water is approaching the capacity of the system. In making this determination, the Board will consider if 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 section 6 of this regulation before it may be enforced.
Section 5 – Restricted Water Uses
A declaration of a State of Water Supply Conservation may 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 restriction, conditions or requirements shall be included in the public notice required under section 6.
a. Odd/Even Day Outdoor Watering: Outdoor watering by water users with odd numbered addresses is restricted to odd number days. Outdoor watering by water users with even numbered addresses is restricted to even numbered days, excluding the watering of perishable vegetables and plants.
b. Outdoor Water 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. The Department may specify no outdoor watering bewtween certain hours.
c. Weekend or Weekday Water Ban: Outdoor watering on weekends or weekdays is prohibited.
d. Filling Swimming Pools Ban: Filling of swimming pools is restricted to times posted.
e. Automatic Sprinkler Use Ban: The use of automatic sprinkler systems is prohibited.
f. Outdoor Water Use Ban: Outdoor water uses are controlled as follows: a) Watering with hand hose only; B) Watering with water can only; C) All outdoor watering shall be prohibited.
Section 6 – Public Notification of a State of Water Supply Conservation
Notification of DEP: Notification of any provision, restriction, requirement or condition imposed by the Board of Water Commissioners 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. The State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environment Protection.
Section 7 – Termination of a State of Water Supply Conservation: Notice:
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 or excess demand on the system no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner required for its declaration.
Section 8 – 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 restriction, requirement, provisions or condition of any order approved or issued by the Department intended to bring about an end to the State of Emergency.
Section 9 – Penalties
Any person violating this regulation shall be liable to the Town of Littleton Water Department as follows: 1st Violation: Written Warning; 2nd Violation: $50.00 fine; 3rd Violation, $200.00 fine; 4th Violation: $400.00 fine and reduction in water availability to allow for basic water use needs. Fines shall be recovered by indictment or on complaint before the District Court, or by non-criminal disposition in accordance with M.G.L. c40. S21D. Each day of violation shall constitute a separate offense.
Section 10 – Severability
The invalidity of any portion or provision of this regulation shall not invalidate any other portion or provision thereof.1
Revised and Approved by the LWD Commissioners: November 19, 2002
Amended by LWD Commissioners: August 26, 2003 (General Requirements, section C).
1Board of Water Commissioners approval July 6, 1999
