RULES AND REGULATIONS

These regulations and all subsequent changes, amendments or additions thereto shall be considered a part of the agreement and contract with each person using water. Violation of any rule, regulation, by-law or ordinance shall be sufficient cause to terminate water supply.

1) All applications for the use of water are available at the Water District office. Applications will not be granted between November 1 and April 1. Demand charge (tie-in fee) is set forth as follows:

PIPE SIZE DEMAND CHARGE

1.0 Inch $7,000.00

1.5 Inch $12,000.00

2.0 Inch $18,000.00

4.0 Inch $35,000.00

6.0 Inch $50,000.00

8.0 Inch $65,000.00

10.0 Inch $75,000.00

12.0 Inch $88,000.00

>12.0 Inch Determined by Board of Water Commissioners

Multiple unit buildings Demand charge, based on pipe size, (i.e; duplexes, apartments, plus $1,000.00 for each additional living unit

condominiums, etc.)

FIRE LINE DEMAND CHARGE – For New Construction

6.0 inch or smaller riser pipe $5,000.00

> 6.0 inch riser pipe $8,000.00

SPRINKLER – Quarterly Charge

$50.00 per inch of riser pipe diameter

2) General Specifications, as required by the Water District, for Water Services, Water Main, Hydrants and Appurtenances shall be strictly adhered to by the Owner or Applicant.

3) The size and type of pipe for any installation will be determined by the Board of Water Commissioners (hereinto referred to as the B.O.W.C.) or their agents. Costs for new installations will be charged to the applicant separate of the demand charge. The demand charge is payable with the submittal of application for water.

4) Costs of new service installations, as well as required maintenance, repair or replacement of existing services, from the water main to the house, including water meter, shall be paid by the property Owner or Applicant.

5) No person shall connect, or cause to be connected, any service pipe with the main or any distribution pipes, except by order of the Water Commissioners or their agents. No outside lawn sprinklers shall be allowed without the installation of an appropriate backflow preventer and the approval of the District Superintendent.

6) Periodic inspection of pipes up to, and including, the meter may be made by the District Superintendent or his/her agent. When equipment is found to be defective all payment for the necessary repairs between the main and the meter shall be assessed to the owner. Persons allowing their meter to be damaged by frost, or otherwise, will be held responsible therefore. The District will keep domestic, 5/8” x 3/4”, meters in repair from ordinary derangement.

7) All apparatus and all places supplied with water must be accessible at all reasonable times to the inspection of the District Superintendent or his/her agent.

8) No alterations shall be made to the water service except by authorized agents of the District.

9) The Water District shall not, in any way, nor any circumstance, be held liable or responsible to any person or persons for any loss or damage from any excess or deficiency in the water pressure, volume, or supply of water do to any reason whatsoever. The Water District will undertake to use all reasonable care to avoid interruptions and fluctuations in the service, but cannot and does not guarantee that such will not occur.

10) The Water District will not be responsible for damages caused by dirty water resulting from the use of hydrants, the breaking of any supply lines, the opening and closing of gate valves or any other reason.

11) In the event the Water District must shut off a supply line for the purpose of repairs, extensions or changes, the District will make every practical attempt to give due notice to every consumer to be affected, as time and character permit, but failure to give such notice will not involve the Water District in any responsibility or liability for damage occurring from shutting off any supply, or any subsequent condition arising there from.

12) The Water District reserves the right, at any time and without notice, to shut off the water supply for the purpose of making repairs, extensions or other reasons, and all consumers having boilers or other appliances are urged to provide safety devices for their own protection against the collapse of the same. In any event, the District will not be held responsible for damages therefrom.

13) Service pipes or fixtures which are connected to the mains of the Water District shall not be permitted to be connected with any other source of water supply.

14) The B.O.W.C. or their agents reserve the right to shut off water for the purpose of making repairs or alterations. A water service may be shut off for non-compliance of Rules and Regulations or for non-payment of water rates. When water has been shut off because of disregard of Rules and Regulations or for non-payment of rates, it will be turned on again when the B.O.W.C. are satisfied there will be no further cause for complaint and the appropriate fine and or fee is paid. With the approval of the Department of Environmental Protection (Chapter 40, Section 41A of the Massachusetts General Laws) the B.O.W.C. or their agents reserve the right to restrict the use of water in any manner deemed appropriate.

15) The Fire Department will have control of hydrants in the case of fires and for the necessary practice. In no other case will any person have the right to handle hydrants or any other water apparatus, without permission from the District Manager.

16) No water taker will be allowed to supply water to others, except by special permit by the District Manager, and if found doing so the supply will be terminated.

17) In the event a dwelling becomes vacant, the owner shall notify the District and have water shut off to same. Water will be turned on again when the owner notifies the District, and upon payment of ten-dollars.

18) All bills for new service, repairing or replacing old services, materials, labor and all other charges incurred must be paid within thirty days of date of bill, unless special arrangements have been made with the B.O.W.C.

19) Water may be turned off with due notice when bills remain unpaid for thirty days (Massachusetts General Laws Chapter 165, Section 11A) from the date of issue. Before service will be restored, the outstanding bill, interest and demand charge must be paid, as well as a re-instatement fee. Owners of premises are responsible for the bills of their tenants.

20)  Upon request, the District will test, or have tested by qualified personnel, any residential water meter for measuring accuracy. If said meter is found to be registering out of order it will be repaired or replaced at no charge. If meter is found to be measuring correctly, the owner will be charged for all costs incurred, including removing meter, testing and re-installation. Owners of residential and non-residential property will be responsible for repairs, replacement and periodic re-calibration of meters over 3/4” installed at their premises.

21)  Any person who shall remove, change, alter or damage any water meter or outside reader, will be held liable for all damages. Any change in meter location shall be done under the direction of the District Superintendent.

22)  Water rates will be set annually by the B.O.W.C. Water users will be billed quarterly, with a minimum bill being 750 cubic feet (5,610 gallons) per quarter. Terms for all bills are net 30 days, interest at 18%, per annum and subject to addendum number 1, Collection Policy.

23)  Pursuant to addendum number 2, Water Restriction Bylaw, Any person violating any order restricting the use of water imposed by a vote of the B.O.W.C., shall be fined not more than fifty-dollars for the first violation, and not more than one hundred dollars for each subsequent violation which shall inure to the District for such uses as the B.O.W.C. may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with section Twenty-one D of chapter forty of the Massachusetts General Laws. Each day of violation shall constitute a separate offense.

24) The Water District will not be held responsible for leaks on the consumer’s premises. All water passing through the water meter is considered to be consumed.

25) If a meter is out of order and fails to register, the consumer will be charged at the average daily consumption, as shown by the meter when in good working order.

26) There shall be a ten-dollar charge for duplicate bills.

27) Any and all penalties for violations of these Rules and Regulations, or arrearage for non-payment of water rates, may be collected in a civil action, as authorized by law.

28)  The District will have an inspector on sites where new water mains, services and other necessary fittings are installed. The District shall charge an hourly fee, which shall be paid by the owner or contractor. All materials shall meet the specifications of the District.

29)  There will be a three-hundred dollar charge for conducting fire flow tests. All tests shall be conducted under the supervision of the Water District. The owner of said premises for which tests are conducted will be responsible for payment.

30)  No person shall turn on or tamper with water mains, hydrants or any other device used for water supply, or install a bypass around a water meter, without receiving permission to do so from the District Superintendent. Any person violating said section shall be fined not more than two hundred and fifty dollars for each offense which may be recovered by indictment or complaint before District Court or by non-criminal disposition as in accordance with Massachusetts General Laws. Each day such violation occurs shall constitute a separate offense. This section shall not curtail the Fire Department or Water District in the normal course of providing fire protection or supplying water.

31)  No person or institution shall maintain upon the premises for which they own or occupy, a physical cross connection between the distribution system of the District, water which is being used for drinking, domestic or culinary purposes, and the distribution system of any unapproved water supply, unless said installation has been reviewed and approved by the District and permits have been issued in accordance with the Drinking Water Regulations of the Massachusetts Department of Environmental Protection and addendum number 3, Cross Connection Control Ordinance of the Water District. All costs associated with surveying of premises, purchasing, installing, testing and permitting must be paid by the owner of the premises. A copy of the District’s complete Cross Connection Control Ordinance is available upon request.

32) All new residential water services installed shall have a residential dual check valve installed at the service entrance, immediately downstream of the water meter, to prevent the possible contamination of the potable water supply by back siphonage or back pressure. This device must be approved by the District Superintendent. The owner must be aware that the installation of said device results in a potential closed plumbing system at his/her residence. As such, provisions may have to be made by the owner to provide for thermal expansion within his/her closed loop system, i.e., the installation of thermal expansion devices and/or pressure relief valves.

33)  The Town of Shirley shall be billed, annually, for each fire hydrant connected to the Water District’s distribution system. Said charge to be determined by the B.O.W.C.

34)  Owners of private property (i.e. commercial property, industrial property, condominium developments, non-accepted town sub-division’s, etc.) having fire hydrants shall be billed, annually, for each hydrant connected to the Water District’s distribution system. Said charge to be determined by the B.O.W.C.

In the event any private sub-division, road, private way, etc., is accepted by the town of Shirley as a public way, it will be the responsibility of the Developer or Owner of the property to notify the B.O.W.C., in writing, of said change.

35) Any person making application for water use having a design demand in excess of 5,000 gallons per day shall submit a Water Impact Report on the appropriate form prescribed by the Water District. This report shall, at a minimum,: 1.) Clearly define the plan’s impact on the District’s current and future water demand, and 2.) Stipulate what actions the applicant will take to mitigate the effects of this impact.

Board of Water Commissioner’s

Approved by General Court

Adopted April, 1940

February, 1950

April, 1977

April, 2000

June 2005

January 2021