Current through Register 1531, September 27, 2024
(1)
Purpose. To protect, preserve and maintain the public
health, safety, welfare and the environment by declaring a "State of Water
Supply Conservation" or a "State of Water Supply Emergency" to ensure an
adequate supply of water for drinking and fire protection purposes and to
protect the quantity of water in local aquatic habitats such as ponds, rivers
and wetlands and to ensure compliance with the MA Water Management
Act.
(2)
Applicability. All Water Users shall comply with a
"State of Water Supply Conservation" (SWSC) and a "State of Water Supply
Emergency" (SWSE).
(3)
Definitions. For the purpose of 974 CMR 8.09 the
following terms shall mean:
Nonessential Outdoor Water Use: Those
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
is necessary to maintain tees and greens, and limited fairway watering, or
irrigation by plant nurseries or agricultural operations is necessary to
maintain stock or establish new plantings, wash equipment to prevent damage
and/or maintain performance, pest management and plant cooling).
Nonessential Outdoor Water Uses
subject to a SWCE and an SWSE include the following:
(a) irrigation of lawns via sprinklers or
automatic irrigation systems;
(b)
washing of vehicles, except in a commercial car wash or as necessary for
operator safety or to prevent damage and/or maintain performance of
agricultural or construction vehicles or equipment;
(c) washing of exterior building surfaces,
parking lots, driveways or sidewalks, except as necessary to apply paint,
preservatives, stucco, pavement or cement;
(d) irrigation of public parks and recreation
fields between 9:00 A.M. to 5:00 P.M.;
(e) irrigation of lawns, gardens, flowers and
ornamental plants by means of a hand-held hose from 9:00 A.M. to 5:00 P.M.;
and
(f) Irrigation from 9:00 A.M.
to 5:00 P.M. with harvested and stored stormwater runoff and/or rainwater.
Nonessential Outdoor Water Uses not
subject to a SWCE and/or a SWSE include:
(a) irrigation of public parks and recreation
fields outside the hours of 9:00 A.M. to 5:00 P.M.;
(b) irrigation of lawns, gardens, flowers and
ornamental plants by means of a hand-held hose outside the hours of 9:00 A.M.
to 5:00 P.M.;
(c) irrigation
outside the hours of 9:00 A.M. to 5:00 P.M. with harvested and stored
stormwater runoff and/or rainwater;
(d) irrigation to establish replanted or
re-sodded lawn or plantings during the months of May and September;
(e) irrigation of newly planted lawns (seeded
or sodded) in the current calendar year for homes or businesses newly
constructed in the previous 12 months.
Water Users shall mean all persons
using water within Devens (public supply and/or private
wells).
(4)
Declaration of a SWSC. Devens Utilities, or its
designee, may declare a SWSC upon a determination that conservation measures
are necessary to ensure an adequate supply of water for drinking and fire
protection purposes, for protecting the quantity of water in local aquatic
habitats such as ponds, rivers and wetlands and for ensuring compliance with
the Water Management Act. Upon notification to the public of a SWSC, no Water
User shall violate the SWSC. Public notice of an SWSC shall be given by Devens
Utilities in accordance with 974 CMR 8.09(g) before it may be
enforced.
(5)
Declaration of a SWSE. Upon notification to the public
that MA DEP has declared a SWSE, no Water User shall violate any provision,
restriction, requirement, or condition of any order approved or issued by MA
DEP for the purpose of ending the conditions that led to the declaration of the
SWSE.
(6)
Restricted
Water Uses. When a SWSC and/or a SWSE is declared, Nonessential
Outdoor Water Uses shall be restricted to one or more of the following:
(a) Permitted only on two or fewer days per
week and only on the days of the week specified in the SWSE or SWSC.
(b) Permitted only during the hourly periods
specified in the SWSC and/or SWCE. At a minimum, prohibited from 9:00 A.M. to
5:00 P.M.
(c) Application by bucket
or hand-held hose controlled by a nozzle.
(d) Nonessential Outdoor Water use is
prohibited at all times.
(e) The
use of automatic sprinkler systems is prohibited.
Water uses restricted pursuant to a SWCE or a SWSC shall be
included in the public notice required under 974 CMR 8.09(7).
(7)
Public
Notification of a SWSC or SWSE. Upon declaration of a SWSC and/or
SWSE, Devens Utilities shall provide notice of a SWSC and/or SWCE in a
newspaper of general circulation within Devens. Signage on major roadways and
intersections shall be erected no later than 48 hours following the declaration
of a SWSC or notice from MA DEP of the declaration of a SWSE. Devens Utilities
shall also notify the public using in writing and via public e-mail
announcements to reach and inform all Water Users.
(a) Notice as required above is a
prerequisite to enforcement of SWSE and/or SWSC restrictions.
(b) Within 14 days of the effective date of
any SWSE and/or SWSC, Devens Utilities shall submit a "Notification of Water
Use Restriction" form to MA DEP in accordance with
310 CMR
22.15(8).
(8)
Termination of an
SWSC; Notice. Devens Utilities may terminate a SWSC upon its
determination that the conditions requiring the SWSC no longer exist. Public
notification of the termination of a SWSC shall be given in the same manner as
is required in 974 CMR 8.09(7) for notice of its imposition.
(9)
Termination of an SWSE;
Notice. Upon notification to Devens Utilities that MA DEP has
terminated the SWSE, public notification of the termination shall be given in
the same manner as is required in 974 CMR 8.09(7) for notice of its
imposition.
(10)
Penalties. If a Water User does not comply with one or
more Nonessential Outdoor Water Use restrictions imposed pursuant to a SWSE or
a SWCE:
(a) Devens Utilities may impose a
per diem fine (each day of violation is a separate offense) as
follows:
1. First violation: Written
warning
2. Second violation:
$100.00
3. Third and subsequent
violations: $300
(b)
Devens Utilities may, if a SWSE has been declared, shut off the water at the
meter or the curb stop upon notification to the Water User.
(11)
Controls on
In-ground Irrigation Systems.
(a)
Installation.
1. All new in-ground irrigation systems shall
be subject to approval by the DEC.
2. All in-ground irrigation systems shall be
equipped with a timing device that can be set to make the system conform to the
Devens Nonessential Outdoor Water Use Restrictions. During a SWSE or SWSC the
timing device shall be set to conform to any daily/ hourly Nonessential Outdoor
Water Use Restriction(s).
3. All
in-ground irrigation systems shall be plumbed so that a shutoff valve is
located outside the building.
(b)
Soil Moisture-sensor
Devices. All in-ground irrigation systems installed in Devens
after November 1, 2011 shall be equipped with a soil moisture-sensor device to
prevent the system from operating when not needed. Any service or repair to an
existing in-ground irrigation system shall include the installation of a
moisture-sensor device, if the same is not already installed and in good
working condition. Proof of this installation shall be provided to Devens
Utilities at the time of installation.
(c)
Backflow
Prevention. All in-ground irrigation systems connected to the
water system in Devens shall be protected from backflow events by the
installation of a backflow prevention device. Each backflow prevention device
shall be installed in accordance with
310 CMR
22.22: Cross Connections Distribution
System Protection and the manufacturer's instructions. Each device
shall be tested upon its installation and annually thereafter. A Massachusetts
Certified Backflow Device Tester shall perform all testing. Copies of results
of all testing shall be filed with Devens Utilities.
