WATER

Sec. 15-1. Water main extensions
Sec. 15-2. Sale of water to bordering communities
Sec. 15-3. Contract for sale of water
Sec. 15-4. Cross connection control
Sec. 15-5. Water fees and charges; public hearings; Council action
Sec. 15-6. Reserved
Sec. 15-7. Abatements
Sec. 15-8. Procedure for shutting off the flow of water on failure to pay lawful charges
Sec. 15-9. Water use restriction

CHAPTER 15 - WATER

Section 15.1. Water Main Extensions

The City of Methuen during and/or after installation of a water main extension shall take a water lien from all owners abutting said water main extension and connected therewith so as to insure the guarantee of an annual income return of four percent (4%) of the actual cost of construction, said lien to remain in full force and effect for a period of twenty (20) years or until such date as the four percent (4%) annual income return is realized, whichever occurs sooner, said four percent (4%) annual income return to be charged equally to those abutting owners connecting therewith immediately after original construction and thereafter no further water lien shall be taken by the City on said water main extension.

The City shall adjust said water lien so as to insure the four percent (4%) annual income return when other abutting owners connect thereto. The adjusted rate shall continue in full force and effect as set forth above and shall terminate in accordance with the above provisions.

Said water liens shall be implemented by the City of Methuen by a water lien agreement entered into by the City through its water department and abutting property owners connecting into said water main extension.

(1973 Ord., Added by Ord. #39, October, 1975)

Section 15-2. Sale of Water to Bordering Communities

In accordance with the provisions of Chapter 106 of the Acts and Resolves of 1985, the City of Methuen, acting by and through the Mayor, and subject to the approval of the City Council, may contract with bordering communities for the sale of water to such communities and its inhabitants; provided, however, that no contract shall be submitted to the City Council unless the following conditions are met:

That a report is submitted to the City Council which demonstrates:

B. That the sale of water to such community will be at a rate equal to or greater than that charged to the City of Methuen inhabitants.

C. That no re-sale of water from such receiving community shall be allowed without prior approval of the City of Methuen.

D. That the sale of water as to quantity and pressure shall exist on a "Methuen first priority".

E. That no sale of water to a bordering community will act to substantially deter business and commercial development in Methuen.

Section 15-3. Contract for Sale of Water

No contract for the private sale of water, excepting transmission of water through subsurface distribution to Methuen businesses or residences, shall be made without the same being made under a written contract with the person or company purchasing such water. Such written contract shall be governed by the provisions of Chapters 7, 7-A and 7-B of the Methuen Municipal Code and a copy of the same, upon execution, shall be delivered to the City Accountant and City Council. All monies paid to the City for such sale shall be reported forthwith to the City Accountant.

(1973 Ord. as amended by Ord. #39, Oct. 1975; as amended by Ord. #274, Eff. Dec. 2nd, 1987.)

Section 15-4. Cross Connection Control

4.1 Purpose.

The purpose of this ordinance is:

4.1.1 To protect the public potable water supply served by the Methuen Water Department from the possibility of contamination or pollution by isolating such contaminants or pollutants which could backflow or backsiphon into the public water system.

4.1.2 To promote the elimination or control of existing cross connections, actual or potential, between its customers in-plant potable water system, and non-potable systems.

4.1.3 To provide for the maintenance of a continuing program of cross connection control which will effectively prevent the contamination or pollution of all potable water systems by cross connection.

4.2 Authority.

As provided in the Federal Drinking Water Act of 1974, (Public Law 93-523), and the Commonwealth of Massachusetts Drinking Water Regulations, 310 CMR 22.22, the water surveyor has the primary responsibility for preventing water from unapproved sources or any other substances from entering the public potable water system.

4.3 Responsibility.

The Director of Public Works shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants. If, as a result of a survey of the premises, the Director of Public Works determines that an approved backflow prevention device is required at the City's water service connection or as in- plant protection on any customer's premises, the Director of Public Works, or his delegated representative, shall issue a cross connection violation form to said customer to install approved backflow prevention devices. The customer shall, within a time frame determined by the Director of Public Works, install such approved device or devices at his own expense, and failure or refusal or inability on the part of the customer to install said device or devices within the specified time frame shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.

4.4 Definitions.

4.4.1 Air Gap Separation: The method of preventing backflow through the use of an unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.

4.4.2 Approved: Accepted by the Reviewing Authority as meeting an applicable specification stated or cited in this regulation or as suitable for the proposed use.

4.4.3 Approved Backflow Prevention Device or Devices: A method to prevent backflow approved by the Department for use in Massachusetts.

4.4.4 Atmospheric Vacuum Breaker: An Approved backflow device used to prevent back siphonage which is not designed for use under static line pressure.

4.4.5 Auxiliary Water Supply: Any water supply of unknown or questionable quality on or available to the premises other than the supplier's approved public potable water supply.

4.4.6 Back Pressure: Pressure created by mechanical means or other means which causes water or other liquids or substances to flow or move in a direction opposite to that which is intended.

4.4.7 Back Siphonage: A form of backflow due to reduced or sub-atmospheric pressure within a water system.

4.4.8 Backflow: The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source other than the intended source.

4.4.9 Backflow Preventer with Intermediate Atmospheric Vent: A device having two independently operating check valves separated by an intermediate chamber with a means for automatically venting it to the atmosphere, in which the check valves are forced loaded to a normally closed position and the venting means is force loaded to a normally open position.

4.4.10 Barometric Loop: A loop of pipe rising at least 35 feet, at its topmost point, above the highest fixture it supplies.

4.4.11 Contaminant: Any physical, chemical, biological or radiological substance or matter in water.

4.4.12 Cross Connection: Any actual or potential connection between a distribution pipe of potable water from a public water system and any waste pipe, soil pipe, sewer, drain, or other unapproved source.

4.4.13 Cross Connection Violation Form: A violation form designated by the Department, which is sent to the owner by the water supplier with copies sent to the Department, Plumbing Inspector and Board of Health delineating cross connection violations found on the owner's premises and a procedure for corrective action.

4.4.14 Delegated Agent or Representative: Any individual approved by the Director of Public Works who holds a current certificate as a backflow prevention device tester from the Commonwealth of Massachusetts.

4.4.15 Department: The Massachusetts Department of Environmental Protection (D.E.P.).

4.4.16 Director of Public Works: The Director of Public Works in charge of the Methuen Water Department is invested with the authority and responsibility for the implementation of an effective cross connection control program and for the enforcement of the provisions of this ordinance.

4.4.17 Double Check Valve Assembly: A backflow prevention device which incorporates an assembly of check valves, with shut-off valves at each end and appurtenances for testing.

4.4.18 In-Plant Protection: The location of approved backflow prevention devices in a manner which provides simultaneous protection of the public water system and the potable water system within the premises.

4.4.19 Owner: Any person maintaining a cross connection installation or owning or occupying premises on which cross connections can or do exist.

4.4.20 Permit: A document issued by the Director of Public Works which allows a cross connection.

4.4.21 Person: Any individual, corporation, company, association, trust, partnership, the Commonwealth, a municipality, district, or other subdivision or instrumentality of the United States, except that nothing herein shall be constructed to refer to or to include any American Indian tribe or the United States Secretary of the Interior in his capacity as trustee of Indian lands.

4.4.22 Pressure Vacuum Breaker: An approved backflow prevention device designed to prevent only back siphonage and which is designed for use under static line pressure and which has necessary appurtenances for testing.

4.4.23 Reduced Pressure Backflow Preventer: An approved backflow prevention device incorporating (1) two more check valves, (2) an automatically operating differential relief valve located between the two checks, (3) two shut-off valves, and (4) necessary appurtenances for testing.

4.4.24 Residential Dual Check: An assembly of two spring loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.

4.4.25 Reviewing Authority: The Department, its designee, or the local plumbing inspector, authorized by M.G.L. c. 142 and licensed by the Board of State Examiners of Plumbers and Gas Fitters, whichever is responsible for the review and approval of the installation of an approved backflow prevention device.

4.5 Administration

4.5.1 The Director of Public Works will operate an active cross connection control program. The Director of Public Works will have a delegated agent or representative that will test all backflow preventers according to 310 CMR 22.22 schedules. The program will include the keeping of necessary records, which fulfills the requirements of 310 CMR 22.22.

4.5.2 The owner shall allow his property to be inspected for possible cross connections and shall follow the provisions of the Director of Public Works' program and the Department's regulations.

4.6 Requirements

4.6.1 Director of Public Works

4.6.1.1 On new installations, the Director of Public Works will provide on-site evaluations and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, and notify the owner of plan approval requirements by the appropriate reviewing authority.

4.6.1.2 For premises existing prior to the start of this program, the Director of Public Works will perform surveys of the premises and reviews of as-built plans and issue a cross connection violation form to the owner detailing any corrective action required, the method of achieving the correction, and the time allowed for the correction to be made. The time period allowed shall depend upon the degree of hazard involved.

4.6.1.3 The Director of Public Works will not allow any cross connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to insure satisfactory operation.

4.6.1.4 If the Director of Public Works determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.

4.6.1.5 The Director of Public Works will begin initial premise inspections to determine the nature of existing or potential hazards, following the approval of this program by this Department, during calendar year 1988. Initial focus will be on high hazard industries and commercial premises.

4.6.1.6 The Director of Public Works strongly recommends that all new and retrofit installations of reduced pressure preventers and double check valve assemblies include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may "stir up" debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.

4.6.2 Owner

4.6.2.1 The Owner shall be responsible for the elimination or protection of all cross connections on his premises.

4.6.2.2 The Owner shall be responsible for applying for and obtaining all necessary approvals and permits for the maintenance of cross connections and installations of backflow prevention devices.

4.6.2.3 The Owner shall have any device that fails an inspection or test repaired by a licensed plumber.

4.6.2.4 The Owner shall inform the Director of Public Works of any proposed or modified cross connection and also any existing cross connections of which the owner is aware but has not been found by the Director of Public Works or his designated agent.

4.6.2.5 The Owner shall not install a by-pass around any backflow preventer unless there is a backflow preventer of the same type on the by-pass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.

4.6.2.6 The Owner shall install backflow preventers in a manner approved by the Department and by the Director of Public Works.

4.6.2.7 The Owner shall install only reduced pressure backflow preventers and double check valve assemblies approved by D.E.P.

4.6.2.8 All non-residential facilities that have a separate water source shall not connect to the public water supply without approval from the Director of Public Works. The Owner shall install a reduced pressure device at the service entrance if another water system exists at the premises.

4.6.2.9 The owner of any residential premises having a private well or other private water source will not be allowed a physical connection with the public water supply system.

4.6.2.10 The Owner shall be responsible for the payment of all fees for permits, device tests, re-tests and re-inspections for non-compliance.

4.6.2.11 The Owner shall be responsible for providing labor on the premises as necessary to allow inspection and testing of devices by the Director of Public Works or his designated agent.

4.6.2.12 The Owner shall be responsible for having complete repair kits for each device on the premises. If the device cannot be repaired, the Owner must replace the device.

4.7 Existing In-use Backflow Prevention Devices

Any existing backflow preventer shall be allowed by the Director of Public Works to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced pressure backflow preventer, or a reduced pressure backflow preventer must be installed in the event that no backflow device was present.

4.8 Periodic Testing

4.8.1 Double check valve assemblies shall be tested annually. Reduced pressure backflow preventers shall be tested semi-annually by the Director of Public Works or his/her delegated agent.

4.8.2 Periodic testing shall be performed by the Director of Public Works' certified tester or his delegated representative.

4.8.3 The testing shall be conducted during the Director of Public Works regular business hours. Exceptions to this, when at the request of the Owner, may require additional charges to cover the increased costs to the Director of Public Works or his delegated agent.

4.8.4 Any backflow preventer which fails during a periodic test must be repaired or replaced by a licensed plumber. When repairs are necessary, upon completion of the repair, the device will be re-tested at the Owner's expense to insure proper operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a date of not more than fourteen days after the test date will be established. Parallel installation of two devices is an effective means of the Owner insuring that uninterrupted water service remains during testing or repair of devices and is strongly recommended when the owner desires such continuity.

4.8.5 Backflow prevention devices will be tested more frequently than specified previously in Section 4.9.1 in cases where there is a history of test failures and the Director of Public Works feels that due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the Owner.

4.9 Enforcement

4.9.1 Whoever maintains a cross connection without a permit, or after revocation of the permit to maintain such connection, and whoever maintains a cross connection without installing the appropriate backflow prevention device required by 310 CMR 22.22 and by the reviewing authority, shall be:

(a) Punished by a fine of not more than $25,000 for each day such violation occurs or continues, or, by imprisonment for not more than one year, or, both such fine and imprisonment; or

(b) Subject to a civil penalty not to exceed $25,000 per day for each day that such violation occurs or continues.

4.9.2 Any violation of 310 CMR 22.22 shall be subject to the administrative penalty provisions of 310 CMR 5.00.

4.9.3 Upon due notice to the person maintaining the connection, the Director of Public Works may revoke any permit whenever, in the opinion of the Director of Public works, the cross connection or the maintenance thereof no longer complies with 310 CMR 22.22.

4.9.4 In order to ensure the delivery of a safe water supply, the Director of Public Works may issue a written order to cease supplying water to any premises if one or more cross connections are maintained in violation of the requirements of 310 CMR 22.22, or requiring any person to take such actions as are reasonable and necessary to prevent or to eliminate cross connections.

4.9.5 Cross connection violations shall require a corrective action plan to be submitted to the Cross Connection Office within thirty days of the violation discovery. If the Owner of any premises does not initiate corrective actions by the prescribed deadline, then the Director of Public Works will terminate service to the premises.

4.9.6 Owners of cross connection devices must consent to the testing of any device on their premises within fourteen days of notice from the Director of Public Works or his/her agent. If consent is not granted within the fourteen day notice, the Director of Public Works may impose a fine of Five Hundred Dollars per day for each day that consent to test is denied and/or water service will be terminated.

4.9.7 Failure to repair a failed device within fourteen days constitutes a violation and the Director of Public Works may impose a fine of Five Hundred Dollars per day for each day that consent to test is denied and/or water service will be terminated.

4.10 Records and Reports

4.10.1 Records. The Director of Public Works or his/her agent shall initiate and maintain the following: (1) Master files of customer cross connection surveys, violations and backflow device tests; (2) Master files of all approved installations; and (3) All correspondence received by or submitted to the Department.

4.10.2 Reports. The Director of Public Works or his/her agent shall submit the following to the Department: (1) The quarterly CCCP report; and (2) The cross connection annual report.

4.11 Fees

Permit and testing fees are established by the Director of Public Works.

(Ord. #311, Eff. Nov. 21st, 1988; as amended by Ord. #356, Eff. Nov. 15th, 1989; as further amended by Ord. #631, Eff. March 9th, 1998)

Section 15-5. Water Fees and Charges; Public Hearings; Council Action

The City Council of the City of Methuen may establish such fees, charges and costs for the operation of the water system provided that no such fee, charge or cost may be implemented until a public hearing shall be held by it. Said hearing shall be held within forty-five (45) days of the submission to the City Council of a resolution to establish such fee, charge or cost. Said public hearing shall be advertised in a newspaper of general circulation in said City at least seven (7) days prior to the hearing. The City Council shall take action on such proposed fee, charge or cost within thirty (30) days after said hearing. Provided that no such increase shall take effect excepting as may be approved by a two-thirds vote of the full City Council. [Initiative Petition (an Ordinance Abolishing the Sewer and Water Commission, Abolishing the Sewer and Water Enterprise Fund, and Establishing a Procedure for Rates and Charges for Sewer and Water) approved by the voters November, 1991]

Section 15-6. Reserved

Section 15-7. Abatements

For the purposes of abatement, the Director of Public Works shall be determined to be the officer having control of the Water Department within the meaning of Chapter 40, Section 42E of the General Laws.

Section 15-8. Procedure for Shutting Off the Flow of Water on Failure to Pay Lawful Charges

A. Statement of Purpose

The citizens of Methuen, acting in referendum, accepted the provisions of General Laws, Chapter 44, Section 53F -1/2, providing for enterprise fund accounting of water service costs. Inherent in the proper functioning of such system is the timely payment of the lawful rates and charges by all water customers to insure the financial health of the service provided to the inhabitants.

B. Statement of Lawful Authority

The citizens of Methuen, acting by and through their duly elected representatives, accepted the provisions of General Laws, Chapter 40, Sections 42A to 42F. Section 42B of General Laws, Chapter 40, authorizes, in addition to a lien process, the collection through any lawful means, "including the shutting off of water, which may be deemed advisable".

C. Implementation of Water Shut-Off Program

By this ordinance, the Director of Public Works, upon approval of the Mayor, is authorized to shut off water service which the Mayor deems advisable within the meaning of General Laws, Chapter 40, Section 42B, provided that, after the termination of the lien established under General Laws, Chapter 40, Section 42B, the City shall not shut off said water as to any person not liable therefor who has succeeded to the title or interest of the person incurring such rate or charge.

D. Procedure for Shutting Off the Flow of Water on Failure to Pay Lawful Charges

Upon authorization of the Mayor, the Director of Public Works shall cause to be served a notice of payment default and service shut-off upon a person in arrears on a rate or charge in excess of six months. Such notice shall comply with Paragraph H. herein and shall be served by certified mail. Said notice shall advise the person that the water service may be shut off if the overdue amount is not paid within thirty days thereafter. Said notice shall advise the person that he/she may request a hearing within seventy-two hours of receipt of the notice before the Treasurer/Tax Collector to contest the amount in arrears as being incorrect. Subsequent to the thirty days, if no hearing is requested or if a hearing is requested and the Treasurer/Tax Collector finally determines the account is in arrears and the amount of the arrearage, the Mayor may order the immediate shut-off of service.

E. Entry to Terminate Service

Upon a proper order issued by the Mayor, the Director of Public Works, or his agents, may shut off the flow of water from its mains or pipes to the premises of any customer who has failed or refused to pay the lawful charges of the City for water previously consumed. The Director, or his employees or agents, may, upon any business day between the hours of Eight Ante-Meridian and Four Post-Meridian, enter upon the premises of a customer whose payments are in arrears and close a valve, remove or disconnect a meter or pipe or fitting, if necessary, for the purposes of shutting off the flow of water as above authorized.

F. Unlawful Interference

It shall be unlawful for any person to:

A. Hinder or interfere with the Director of Public Works, or his employees or agents, while they are in the process of shutting off the flow of water service in accordance with Paragraph E. herein; or

B. Re-establish said flow of water after it is disconnected without the approval of the Director of Public Works.

Any person violating the provisions of this paragraph shall be subject to a fine of Three Hundred Dollars ($300.00).

G. Prohibitions Against Shutting Off Water

A. The City shall not shut off the water service to any domicile occupied by a person who is seriously ill if the Director of Public Works or the Mayor receives written notice from the Director of Public Health or a registered physician verifying the fact of such illness.

B. The City of Methuen shall not knowingly shut off the flow of water to any residential building in which the occupant thereof is not the customer of record of the City without first complying with the notice provisions of Paragraphs D. and H. herein.

C. The City of Methuen shall not knowingly shut off the water service in which is domiciled a minor child under the age of twenty-four months or a citizen over the age of sixty-five years.

H. Notice of Default and Service Shut-Off

The notice of default and service shut-off shall provide the following information:

A. The amount then due and payable for such water service, together with interest and penalties.

B. The date on or after which such service will be shut off.

C. The date on which said notice is given.

D. The right of the owner or occupant(s) of such building to pay the amount due together with interest and penalties thereof to avoid cessation of service and the right of the person paying to recover this amount from the person to whom they would otherwise pay their rent.

E. The appeal right to the Treasurer/Tax Collector as per Paragraph D. herein.

As to tenants of a building, this notice shall be posted in a common hallway of such building.

I. Restoration of Service

After shut-off of service, the owner or occupant(s) of the building may make a payment satisfying the arrearage and, upon such payment, the City shall cause the service to be restored upon payment of a re-connection fee in an amount determined by the Director of Public Works, the same not to exceed Fifty Dollars ($50.00).

(Ord. #443, Eff. July 8th, 1992; as amended by Ord. #527, Eff. February 2nd, 1995)

Section 15.9. Water Use Restriction

A. Authority

This ordinance is adopted by the City under its police powers to protect public health and welfare and its powers under Massachusetts General Laws, Chapter 40, Section 21, et seq and implements the City's authority to regulate water usage pursuant to Massachusetts General Laws, Chapter 41, Section 69B. This ordinance also implements the City's authority under Massachusetts General Laws, Chapter 40, Section 41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection.

B. Purpose

The purpose of this ordinance 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 City or by the Department of Environmental Protection.

C. 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 Massachusetts General Laws, Chapter 21G, Sections 15-17.

"State of Water Supply Conservation" shall mean a State of Water Supply Conservation declared by the City pursuant to Sub-Section D. of this ordinance.

"Water Users or Water Consumers" shall mean all public and private users of the City'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 City, through its Mayor, may declare a State of Water Supply Conservation upon the determination by the Director of Public Works 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 Section F. of this ordinance 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 water supply. The applicable restrictions, conditions, or requirements shall be included in the public notice required under Section F.

(1) 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.

(2) Outdoor Watering Ban

Outdoor watering is prohibited.

(3) 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.

(4) Filling Swimming Pools

Filling of swimming pools is prohibited.

(5) Automatic Sprinkler Use

The use of automatic sprinkler systems is prohibited.

F. Public Notification of a State of Water Supply Conservation; Notification of DEP

Notification of any provision, restriction, requirement or condition imposed by the City as part of a State of Water Supply Conservation shall be published in a newspaper of general circulation within the City, 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 Section E. hereof 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 the Mayor upon a determination by the Director of Public Works 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 Section 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 ordinance shall be liable to the City in the amount of Fifty Dollars ($50.00) for the first violation and One Hundred Dollars ($100.00) for each subsequent violation which shall inure to the City for such uses as the Mayor may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the General Laws. Each day of violation shall constitute a separate offense.

J. Severability

The invalidity of any portion of this ordinance shall not invalidate any other portion or provision hereof.

(Ord. #697, Eff. May 3rd, 2000)