A. 
The system development charge is a one-time charge for connecting to the Fitchburg Water Supply. The system development charge shall include the connection to the Fitchburg water supply system, full water service and meter installation inspection, meter seal, water service tie card, activation of water service and permanent record to be kept at City Hall. The owner is responsible for all materials, equipment and installation costs associated with the connection to the water system. The charges are based on the size of the pipe and shall be as follows:
[Amended 3-21-2006 by Ord. No. 66-06; 4-19-2011 by Ord. No. 089-2011]
    
Water Service
Fire Service
Pipe Size
(inches)
Fee
Pipe Size
(inches)
Fee
3/4 to 1
$3,000
4
$241
1 1/4 to 1 1/2
$4,000
6
$482
2
$5,000
8
$1,109
3
$5,500
10
$1,832
4
$6,000
12
$2,940
6
$8,000
Greater than 6
$10,000
B. 
A readiness to serve charge is billed annually for fire service connections as follows:
Fire Connection (inches)
Charge
4
$150
6
300
8
450
10
600
12
750
C. 
Every water taker shall pay a minimum charge monthly, per meter, to be governed by the size of the meter as follows:
[Amended 11-24-2009 by Ord. No. 176-09; 4-19-2016 by Ord. No. 64-2016]
Meter Size
(inches)
June 1, 2016
June 1, 2017
June 1, 2018
5/8
$6.25
$6.75
$7.09
3/4
$6.25
$6.75
$7.09
1
$6.25
$6.75
$7.09
1 1/2
$19.66
$21.24
$22.31
2
$29.49
$31.85
$33.45
3
$56.16
$60.66
$63.70
4
$86.12
$93.01
$97.67
6
$169.89
$183.49
$192.67
8
$270.04
$291.65
$306.24
D. 
Water in excess of 200 cubic feet per month, shall be billed at the rate of $3.70 per 100 cubic feet from June 1, 2016, until May 31, 2017, $4 per 100 cubic feet from June 1, 2017, until May 31, 2018, and $4.20 from June 1, 2018, until changed.
[Amended 5-21-2002 by Ord. No. 116-02; 6-18-2002 by Ord. No. 213-02; 11-24-2009 by Ord. No. 176-09; 4-19-2016 by Ord. No. 64-2016]
E. 
All bills for water charges shall be due and payable quarterly, or more often when the Commissioner of Public Works or his/her duly authorized agents considers it to be in the best interests of the City.
F. 
The following is a list of additional fees:
(1) 
Meter removal, testing, replacement and turn-on: $100.
[Amended 3-21-2006 by Ord. No. 66-06]
(2) 
Activation and/or termination of water service, at the request of the owner: the Water Division will turn on and/or turn off a water service for seasonal customers, plumbers' repairs, bank requests, etc. All requests for activation/termination of a service shall be completed during the normal workday, i.e., 7:00 a.m. through 3:00 p.m., Monday through Friday. Activation and/or termination fee shall be $75 per request.
[Amended 11-16-1999 by Ord. No. 443-99; 3-21-2006 by Ord. No. 66-06]
(3) 
Inspectional services; repairs. Repairs to existing water services: $50 per service.
(4) 
Backflow prevention device testing: $85 per test; $55 per retest.
[Amended 4-19-2016 by Ord. No. 64-2016]
(5) 
Authorized hydrant use: $100, plus cost of water flowed (Monday through Friday).
[Amended 3-21-2006 by Ord. No. 66-06]
(6) 
Additional services during working hours (i.e., 7:00 a.m. to 3:00 p.m., Monday through Friday) will be billed as follows:
[Amended 11-16-1999 by Ord. No. 443-99]
(a) 
Fifty dollars per hour; one-hour minimum.
(b) 
Twenty-five dollars each additional 1/2 hour or fraction thereof.
(7) 
Additional services and/or emergency calls outside of regular working hours (Regular work hours are 7:00 a.m. to 3:00 p.m., Monday through Friday.) will be billed as follows:
[Amended 3-21-2006 by Ord. No. 66-06; 4-19-2016 by Ord. No. 64-2016]
(a) 
One hundred fifty dollars per hour with a one-hour minimum.
(b) 
Seventy-five dollars for each additional 1/2 hour or fraction thereof.
(8) 
Engineering services: Water Division personnel. Engineering services shall be for work that is requested by individuals, developers and/or corporations for engineering services to be provided by the Water Division. Services shall include office and field time, equipment maintained by the Water Engineering Department, computer time, vehicle use to and from the project site, telephone, telefax machine and photocopier. Services estimated to be in excess of four hours shall be in writing. Services provided by the City's outside engineering consultant shall be at their cost.
(9) 
Engineering services will be charged at a rate of $100 per hour.
[Amended 3-21-2006 by Ord. No. 66-06; 4-19-2016 by Ord. No. 64-2016]
(10) 
Property transfer fee [collect final water reading(s), calculate final water/sewer charges, complete paperwork for change of ownership]: $50.
[Added 3-21-2006 by Ord. No. 66-06]
G. 
The following acts are prohibited and are listed with applicable fines:
(1) 
Tampering with meter seal: $250, plus estimated cost of water used.
[Amended 3-21-2006 by Ord. No. 66-06]
(2) 
Unauthorized hydrant use or tampering: fine up to $1,000 each offense.
[Amended 3-21-2006 by Ord. No. 66-06]
(3) 
The fee for bounced checks shall be $25, plus the amount due for a check under $1,500. If an amount of a bounced check exceeds $2,500 the amount may be assessed at 1% as set by Massachusetts General Law.
(4) 
Noncompliance work by the City shall be for water service repair work on private property that is not in compliance with the minimum standards for operation and may be a hazard to public health, persons and/or property. The fee for noncompliance work shall include all direct and indirect costs associated with the work.
(5) 
If a bill or charge is not paid after 60 days from date of issuance, late payment fees shall be assessed as follows:
(a) 
For the imposition of a water lien charge: $50.
(b) 
After the expiration of 60 days from the date of billing, the unpaid balance will accrue interest daily at the annual rate of 14% plus a penalty fee of $5.
[Amended 11-16-1999 by Ord. No. 443-99]
H. 
Pursuant MGL c.40, § 42A, accepted by vote of the City Council on November 9, 1954, the City of Fitchburg filed a certificate of acceptance filed at the Worcester Northern Registry of Deeds on November 12, 1954. If water rates and charges due for supplying or providing water or rendering service or furnishing materials in connection therewith to/or from any real estate, at the request of the owner, are not paid on or before their due date, such rates and charges together with interest thereon and costs relative thereto shall be a lien upon such real estate.
I. 
Such lien shall take effect by operation of law on the day following the due date of such rate or charge and unless dissolved by payment or abatement shall continue until such rate or charge has been added to or committed as tax.
J. 
The right to shut off water is pursuant MGL c.40, § 42A, for any unpaid bills and/or a portion of thereof.
K. 
The owner of the building or premises shall be responsible for all bills rendered.
L. 
If any person violates this chapter established by the Water Division, the supply of water may be discontinued, and water shall not be turned on until all cause of complaint have been removed and correction of violation made satisfactory to the Commissioner of Public Works or his/her duly authorized agents. In addition, charges will be assessed based upon the costs incurred by the Water Division and must be paid prior to turning on the water.
A. 
The Water Division shall periodically bill customers for water service in accordance with the applicable rate schedule set forth in this chapter. Bills may be rendered by the Water Division either monthly or quarterly, as in its discretion the Water-Wastewater Commission deems will serve the interests of the City.
[Amended 10-19-2010 by Ord. No. 245-10]
B. 
A single building having one or more meters shall be billed as one customer unit.
C. 
Separate buildings shall be billed as separate customer units.
D. 
If a meter is found not to register, a bill for the period of nonregistration shall be estimated based upon consumption recorded prior or subsequent to the period of nonregistration and any other pertinent information supplied by the customer or known to the Water Division.
E. 
In the event that the Water Division cannot readily and safely gain access to the meter for the purpose of obtaining the meter reading, the Water Division shall make its best estimate of the consumption which might be registered by the meter since the last reading date. The estimate shall be as valid as if the meter reading had actually been determined, and the customer shall be billed according to the estimate for the period of nonregistration. However, there shall be no more than two consecutive estimated bills. After the second estimated bill has been prepared, the customer shall be required to provide safe and ready access to the meter in accordance with Article III, § 177-11 of this chapter.
[Amended 11-16-1999 by Ord. No. 443-99]
F. 
Payment.
(1) 
The customer shall make payment for all water registered by the water meter regardless of leaks or the manner in which the water was used.
(2) 
Bills shall be due and payable upon presentation to the customer. Payment shall be made at the Water Division office or at such other offices as the Water Division may designate to accept payment.
(3) 
Any payment received by the Water Division later than 60 days after the billing date shall be subject to a late payment charge in accordance with the rate schedules.
[Amended 11-16-1999 by Ord. No. 443-99]
(4) 
The customer shall not transfer his or her obligation to pay for service to any person or tenant by lease, contract, agreement or otherwise, and acceptance of any third-party payment shall not constitute a waiver of this prohibition.
[Amended 6-3-2014 by Ord. No. 100-2014]
G. 
Nonpayment.
(1) 
Service may be discontinued in accordance with Article V, § 177-15, of this tariff for nonpayment of any bill for service or late payment charge.
(2) 
Failure to receive a bill shall not discharge the customer of the obligation of payment or the consequences of nonpayment.
(3) 
When a customer cannot pay a bill in full, the Water Division shall continue to serve the customer if the customer pays a reasonable portion of the bill as determined by the Water Division and the customer agrees to pay the balance of the outstanding bill in reasonable installments. All payment agreements shall be confirmed, in writing, and shall be effected according to the Water Division's rules and regulations and shall be at the Commissioner of Public Works' discretion.
(4) 
Whenever a check or draft presented for payment of service is not accepted by the institution on which it is written, a charge shall be imposed by the Water Division as specified in the applicable rate schedule.
H. 
Deposits.
(1) 
To protect against loss, the Water Division may require a satisfactory cash deposit before rendering service to any new customer, or before rendering continued service where the customer has demonstrated a lack of responsibility in making service payments or committed other acts harmful to the Water Division if such deposit is permitted under Water Division rules.
(2) 
When the Water Division determines that a deposit is required, before rendering water service or fire service, the customer shall be charged no more than the estimated bill for 60 days of service, where the customer is billed monthly, or the estimated bill for three months of service, where the customer is billed quarterly. The deposit for a jobbing service shall be equal to the estimated cost of rendering that special service.
(3) 
The customer's account shall be credited with simple interest at a rate of 10% per year on all deposits for basic water service held by the Water Division for a period of six months or more. Deposits made for jobbing shall not be credited with any interest.
(4) 
When a deposit has been applied to an account which is later terminated, interest shall cease to accumulate on the balance of the account as of the date service is terminated.
(5) 
The deposit, plus accrued interest thereon, less any amount due the Water Division, shall be refunded either upon the termination of service or when the Water Division determines, in its sole discretion, that satisfactory credit relations have been established over a period of not less than 12 months for residential customers and over a period of up to 36 months for nonresidential customers.
(6) 
In lieu of a cash deposit, the Water Division may accept the irrevocable written guarantee of a responsible party as surety for the customer's account. The guarantee shall be subject for approval by the Water Division and legal counsel and shall conform to the requirements of these rules and regulations.
(7) 
With approval of the Commissioner, the Water Division may demand a larger deposit for a longer period than provided in Subsections H(2) and (5).
I. 
The customer shall provide the Water Division with prior notice of any change in ownership or change in billing address of a metered customer unit. Upon a change of ownership, the grantor shall pay all outstanding bills issued in his/her name. In addition, the grantor shall take a final meter reading and shall give the final meter reading to the Water Division. The Water Division shall calculate the money owed by the grantor for water used and/or services rendered since the last bill issued to the date of conveyance.
[Amended 11-16-1999 by Ord. No. 443-99]
J. 
When the Water Division discontinues service for any reason, including those enumerated in § 117-15 of this tariff, the Water Division shall reconnect service at the customer's expense as specified in the applicable rate schedule. When the Water Division is requested by the customer to connect or disconnect service for any reason, the customer shall pay a fixed charge as specified in the applicable rate schedule for such service if performed during the Water Division's regular working hours, the customer shall pay all costs incurred by the Water Division in providing such service.
K. 
The customer shall provide the Water Division with reasonable notice of his or her intention to have service discontinued and shall be responsible for all charges associated with service until expiration of such service.
[Amended 6-3-2014 by Ord. No. 100-2014]
L. 
When, due to seasonal use, the customer requires the Water Division to remove, set and test the meter, the customer shall be billed for such service and for the resetting and reinstallation of the meter as specified in the applicable rate schedule. The customer shall be billed for water used in accordance with the rate schedule.
A. 
Service may be discontinued by the Water Division without notice for any of the following reasons:
(1) 
Misrepresentation by the customer in his or her application for service.
[Amended 6-3-2014 by Ord. No. 100-2014]
(2) 
Use of water for purposes other than described by the customer in his or her application for service.
[Amended 6-3-2014 by Ord. No. 100-2014]
(3) 
Willful waste of water.
(4) 
Tampering with Water Division property.
(5) 
Abandonment of the premises by the customer.
(6) 
Refusal of reasonable access to the customer's premises or Water-Division-owned meter.
(7) 
Cross-connection or unauthorized connection to the Water Division service pipe or main pipe with any other fixture or supply source in violation of the provisions of this tariff.
(8) 
Failure to maintain plumbing and fixtures in good repair that could, in the Water Division's judgment, result in damage to persons or property.
(9) 
Failure to install, maintain or repair a backflow prevention device within the period specified by the Water Division.
(10) 
Failure to prevent contamination of potable water.
(11) 
Unauthorized use of private fire protection system.
(12) 
Any refusal or neglect to comply with any rule or regulation of the Water Division.
(13) 
Pursuant to order of the Commissioner of DPW.
B. 
The Water Division may discontinue water service for nonpayment of any past due bill, late charge or interest owed to the City.
[Amended 10-19-2010 by Ord. No. 245-10]
(1) 
The customer has not paid his or her bill in full within 14 days from the date the bill was due.
[Amended 6-3-2014 by Ord. No. 100-2014]
(2) 
After the expiration of the 14 days, if the bill, charge, interest or penalty remains unpaid, the Water Division shall mail the customer a notice that if the water service is not paid in full or if the customer does not arrange a payment plan satisfactory to the Water Division, by the end of the ensuing 14 days the Water Division will terminate water service. The notice must state the specific date on which the Water Division will terminate the service.
(3) 
Prior to the date notice of discontinuation is mailed by the Water Division, it has not received payment in full or been advised by the customer's physician that a medical emergency exists at the location or would result from the discontinuation. The physician shall advise the Water Division of such medical emergency in accordance with the requirements of the rules and regulations.
(4) 
The Water-Wastewater Commission may promulgate regulations establishing a collection process not inconsistent with this subsection.
C. 
A customer may request a conference with the Water Division prior to the proposed date of service discontinuation, provided that such conference is requested in the time and manner prescribed by the rules and regulations.
D. 
If service has been discontinued, the Water Division shall restore service promptly upon the customer's request when the cause of discontinuation has been removed, provided that the customer has paid the restoration charges required under this tariff.
E. 
The Division of Water Supply shall not terminate any water to a customer without first giving advance written notice to the customer of the reasoning for the proposed termination, the facts on which the decision was based, the proposed date of termination which shall not be sooner than 30 days from the date of notice, the right of the customer to request a hearing before the Commissioner of Public Works to present evidence in opposition to the termination and the method of requesting a hearing.
F. 
The Commissioner of Public Works shall provide written notice of the date, time and location of the hearing and shall review the evidence submitted by the customer and shall reverse, annul, uphold or modify the decision of the Division of Water Supply. The decision of the Commissioner shall be in writing, shall explain the reasons for the decision, shall set forth the date and time when water supply will be terminated and shall clearly set forth what the customer can do to prevent termination. This decision shall be final.
G. 
The Department of Public Works Division of Water Supply shall inform the Director of Public Health and the Fire Chief of any final decision to terminate service. If in the opinion of either the termination of service would cause an unreasonable risk to the public health or safety, either may order any modification or reversal of the Commissioner's final order to protect the public health and safety.
H. 
Before terminating the water supply to a building, the Department of Public Works Division of Water Supply shall inquire of the Building Commissioner or Director of Public Health whether the building is residential and if so whether it is occupied by persons other than the customer.
I. 
The Department of Public Works Division of Water Supply shall not terminate service to any residential premises without complying with the notice required of this section.
J. 
If the Water Division learns from the Building Division or the Board of Health that the premises are occupied by other than the customer of record, the notice required by § 177-17B(2) shall also contain the following:
[Amended 10-19-2010 by Ord. No. 245-10]
(1) 
The amount then-due and payable for water supply.
(2) 
The date on which water service will terminate.
(3) 
The date the notice is given.
(4) 
The right of the occupants of the building to pay the amount due or such reasonable portion thereof in installments as may be determined and thereby avoid termination of water service.
(5) 
Notice concerning the rights of occupants under applicable law including MGL c. 186, § 14, and the State Sanitary Code.
K. 
The notice shall be mailed by first-class mail or delivered to the occupants and the customer. A copy of the notice shall be given to the Director of Public Health who shall take all reasonable steps to enforce the provisions of law applicable to the customer of record.
[Amended 10-19-2010 by Ord. No. 245-10]
A. 
The Commissioner of Public Works, or his or her duly authorized agents, reserve the right to shut off water temporarily in all cases where it becomes necessary to make extensions, alterations or repairs.
[Amended 6-3-2014 by Ord. No. 100-2014]
B. 
All buildings or property receiving the services of City water must be accessible at all reasonable times to the Commissioner of Public Works or his/her duly authorized agents.
C. 
All persons taking water must keep their own fixtures, including water meters and service pipes within their own premises, in good repair and fully protected from any and all injury, including frost, at all times, and must prevent all unnecessary waste of water.
D. 
Periodic inspection of pipes to the meter may be made by the Commissioner of Public Works or his/her duly authorized agents. When pipes or appurtenances are found defective or damaged, all payment for necessary repairs, on the owner's property, shall be the responsibility of the owner.
E. 
The City shall not be liable for damages resulting from opening and closing of valves for repair or any other reason, use of hydrants, breaks in supply lines, deficiencies in pressure, volume or supply of water or dirty water.
F. 
The City shall not be liable for damages caused to the consumer's plumbing, fixtures or service lines as a result of repairs or improvements made to the City's distribution system by the City or its authorized agents.
G. 
The City, through the Commissioner of Public Works or his/her duly authorized agents, may retain a private contractor, according to accepted bidding practices, to aid in the performance of renewals and repairs of supply lines on City property. If an owner desires, he or she may contract with said contractor for renewal or repair of the water service on his/her property. All costs for such work shall be borne by the owner on the owner's property and by the City on City property. All work done on the owner's property may be subject to an inspection fee to be paid for prior to the City turning the water service on.
[Amended 6-3-2014 by Ord. No. 100-2014]