Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 8.00 - Public Health › Section 8.09 - Outdoor Water Use Restrictions

Current through Register 1525, July 5, 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).