SECTION 7.  Violations

7.1 Violations of Regulations
  Any violation of these regulations may result in the Superintendent and/or the Board of Water Commissioners ordering a fine in accordance with Massachusetts General Laws Chapter 165, § 11 and/or the shutting off of the water to the violator’s premises. If the water is shut off for violations of rules it shall not be turned on again until the Department is satisfied that there shall not be further cause of complaint and charges have been paid.
7.2 Discontinuance of Service
  A water service may be discontinued for any reason such as nonpayment of water bills, fees, charges and liens or for violations of any rules and regulations contained herein, and in accordance with Massachusetts General Law Chapter 40 §42.  A water service may be terminated without notice for fraudulent use. Reconnection of terminated service will be done ONLY during normal working hours of the Department; a reconnection fee shall be applied. Water service will not be reconnected until all charges have been paid in full.  If a request is made by the Harwich Health Department, the water may be shut off if there is a health and safety issue at the property.
7.3 Inactive Services
  If an account does not have a meter and has been inactive for more than 24 months, the Department may disconnect and cap the service from the distribution system. If the property owner wishes to keep the service connected to the system, he or she must apply for an extension that may not exceed one year unless there is a special condition made and set forth by the Board of Water Commissioners. 
7.4 Cross Connections
  Any customer found to be in noncompliance with the drinking water regulation of Massachusetts, 310 CMR 22.22 shall be punished by the Commonwealth of Massachusetts, Department of Environmental Protection by a fine of not more than $25,000 dollars for each day that the violation occurs or continues. Water will be turned off immediately until violation has been corrected. There will be a Turn on and Turn off fee assessed per violation. There is also a testing fee per device, see non water related fees.
7.5 Treatment
  No treatment by any unauthorized personnel shall be permitted. If anyone is found adding any treatment to Town’s water they will be subject to fines established by the Board of Commissioners for each individual offense.
7.6 Mandatory Water Use Restrictions
  Any customer found in violation of a water ban shall be fined as follows:
  First Offense – written warning
  Second Offense - $100.00 dollars
  Third and any subsequent offense - $300.00 dollars
7.7 Unauthorized Water Use
  Whoever unlawfully and intentionally injures damages a water meter or prevents such meter from registering the quantity of water supplied through it or uses or causes to be used water without consent of Department shall be fined in accordance with Massachusetts General Law, Chapter 165, §11.
7.8 Defacing and Littering Upon Town Owned Property
  Any person or persons willfully defacing and or littering upon Town owned property located within its watershed shall be fined no less than $300.00 dollars.
7.9 Tampering
  All gates, valves, shutoffs, water meters and standpipes and any other portion of the municipal system, are the sole property of the Department, and are not to be opened, closed, removed or in any way tampered with or made inaccessible. Only personnel authorized by the Superintendent may operate any portion of the municipal system. Violators will be subject to charges or penalties determined by the Board of Water Commissioners. 
7.10 Mark Outs
  No excavator shall, except in an emergency, make an excavation where town water exists unless notice is given to the Department at least 72 business hours before excavation. If an excavation is made without the request of a water mark out, the excavator shall be held solely responsible for any and all damages and injuries caused, and any penalties or legal action that may be brought against excavator, company, or its representatives. 
7.11 Utility Markout Policy
  A.  Utility shall submit road cut permit request directly to the Highway Department.  
  B.  Utility shall submit markout request to the Department 72 hours before markout is needed, for 10 or less residences.  For 10+ residences, a 2-week notice is required.  Bad weather may alter this schedule.
  C.  There will be a fee charged per markout(s) per fee schedule.
  D.  The markout package shall include the following:
       1.  Utility’s work order/reference and dig safe number
       2.  A map/diagram highlighting area of utility service work to commence.
       3.  Dig safe documentation
       4.  Project start date
       5.  Contact name, number and/or email address of contact.
  E.  As of 8/20/13, utility shall provide a complete markout package as noted in item D above.  For large projects, Utility Representative must deliver by hand a complete markout package.
  F.  Each utility shall not submit more markout request than the utility can complete within thirty (3) days of initial work request.  If work is not completed within thirty (30) days, a new markout request is required and the utility will be charged for the new markout.
  G.  Each utility will receive a monthly bill for services rendered.  Payment will be due within 60 days.  Late payment will result in late fee charge as per fee schedule.
  H.  If payment is not made within 3 months (90 days), the Department will cease all markouts until balance is paid.