Chatham To Crack Down On Irrigation ‘Scofflaws’

CHATHAM – The select board is intent on cracking down on property owners who have lawn irrigation systems but have not installed a meter specifically for their sprinklers.

 Since 2022, the town has required that irrigation systems be registered with the water department and be metered separately from drinking water. New irrigation systems have not been allowed to connect to town water since 2021; irrigation systems installed since then must be on a private well.

 Of the approximately 1,500 properties that have registered irrigation systems, 803 have separate meters and pay a higher rate than regular residential water users. But more than 700 do not have separate meters, said Public Works Director Rob Faley, and they pay the lower residential rate even though they use water for irrigation.

 According to an analysis by Faley, households with irrigation systems that are not on a separate meter save about $370 over a summer compared to those who have installed second meters and are paying higher rates. That means the water department is missing out on more than $250,000 in annual revenue.

 Select board members want to penalize irrigation system owners who have not installed a separate meter.

 “I’ll be very blunt,” said chair Dean Nicastro. “I think we have a number of scofflaws. They’re freeloaders. They’re benefiting on the backs of every other ratepayer in town.”

 Faley is working with town counsel Jay Tallerman on a letter warning those who have yet to install second meters that they must do so or face fines. Select board member Stuart Smith said he was disappointed that fines haven’t already been issued, since in some cases the town has known about irrigation systems that lack meters for years.

 “I think that needs to be rectified,” Smith said. “We have had this opportunity [to issue fines] for years. We can do it tomorrow.”

 Under the current regulations, a warning is issued for an initial violation of water regulation, followed by a $100 fine for a second violation and $200 for a third violation. A fourth violation can result in disconnection from the town water system.

 Nicastro wants the board to increase those fines to show that the town means business.

 “I want to come down hard on this, because this really bothers me,” he said.

 Recent rains have helped improve the water supply situation — last week Massachusetts Energy and Environmental Affairs Secretary Rebecca Tepper downgraded the Cape from a level 2 to a level 1 drought — but the town’ outdoor water restrictions remain in place as a way to encourage residents to save water. The board also recently approved substantial hikes in water rates, with the irrigation rate increasing more than 80 percent. Although the main goal of the increase was to cover a water department deficit, board members said higher rates may also encourage people to use less water.

 The town can’t simply charge those who have not yet installed second meters a separate rate based on estimated irrigation usage, said Tallerman. Along with fines, the town could also take those homeowners to court to force installation of second meters, he said, but that could be a long and expensive process, he said.

 As many as 100 properties have irrigation systems but have not yet registered with the town, Faley said. Of the 700 or so that have registered but not installed separate meters, 150 have applied for meters but not installed them, he said. 

 “Some of those go back years,” he said. “I think 10 is the longest.”

 One resident raised concern about new homes that have irrigation systems but are not on town and state databases listing properties with wells. Faley said his department is “scrubbing” town data to determine if any properties are using an excess amount of water that might indicate an irrigation system. 

 The board asked Tallerman to develop a policy strengthening penalties for those who fail to install separate meters for irrigation systems. The board will review the policy on July 22 and tentatively scheduled a public hearing for Aug. 19.