- 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.
- Applicability: All Water Users shall comply with a "State of Water Supply Conservation" (SWSC) and a State of Water Supply Emergency (SWSE).
- Definitions: For the purpose of this Section 8.09 the following terms shall mean:
Nonessential Outdoor Water Use: Those uses that are not required:
- for health or safety reasons;
- by regulation ;
- for the production of food and fiber;
- for the maintenance of livestock; or
- 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:
- irrigation of lawns via sprinklers or automatic irrigation systems;
- 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; and
- washing of exterior building surfaces, parking lots, driveways or sidewalks, except as necessary to apply paint, preservatives, stucco, pavement or cement.
- irrigation of public parks and recreation fields between 9AM to 5PM
- irrigation of lawns, gardens, flowers and ornamental plants by means of a hand-held hose from 9AM to 5PM and;
- Irrigation from 9AM to 5PM with harvested and stored stormwater runoff and/or rainwater.
Nonessential Outdoor Water Uses not subject to a SWCE and/or a SWSE include:
- irrigation of public parks and recreation fields outside the hours of 9AM to 5PM;
irrigation of lawns, gardens, flowers and ornamental plants by means of a hand-held hose outside the hours of 9AM to 5PM and;
irrigation outside the hours of 9AM to 5PM with harvested and stored stormwater runoff and/or rainwater and;
irrigation to establish replanted or re-sodded lawn or plantings during the months of May and September and;
irrigation of newly planted lawns (seeded or sodded) in the current calendar year for homes or businesses newly constructed in the previous twelve months.
Water Users shall mean all persons using water within Devens (public supply and/or private wells)
- 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.
- 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.
- 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:
- Permitted only on two or fewer days per week and only on the days of the week specified in the SWSE or SWSC.
- Permitted only during the hourly periods specified in the SWSC and/or SWCE. At a minimum, prohibited from 9AM to 5PM.
- Application by bucket or hand-held hose controlled by a nozzle.
- Nonessential Outdoor Water use is prohibited at all times.
- 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).
- 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).
- 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.
- 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.
- 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:
First violation: Written warning
(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.
Second violation: $100.00
Third and subsequent violations: $300
- Controls on In-Ground Irrigation Systems:
- All new in-ground irrigation systems shall be subject to approval by the DEC.
- 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).
- 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 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.