City of Lowell, MA Part 3 Rates and Charges

Article VI Established of Rates and Charges

§ 272-86 Metered service water.

[Amended 8-23-1988; 10-4-1988; 1-22-1991; 6-28-1994; 8-23-1994; 6-11-1996; 11-10-1998; 12-15-1998; 2-2-1999; 10-7-2003; 11-27-2007; 12-23-2008; 11-16-2010; 8-26-2014; 6-12-2018; 9-22-2020; 6-7-2022; 6-20-2023]

A. Regular rates.

(1) Effective for bills issued after July 1, 2023, all metered service for water use shall be charged in accordance with the following rate schedule based on volume of water use on a quarterly basis:

Number of Hundred Cubic Feet (hcf) Per Quarter	Rate Per Hundred Cubic Feet Per Quarter
0 - 50 (minimum 14 hcf)	$2.76
51 - 100	$3.26
101 - 200	$3.31
201 - 500	$3.36
Over 500	$4.60

(2) Usage is as recorded on the meters in each building served with water by the Lowell Regional Water Utility in which a meter is installed. On such premises where meters record a quarterly consumption of less than 1,400 cubic feet of water, there shall be charged a minimum amount of $38.64 per quarter, per meter.

B. Single-family rates.

(1) Single-family units shall be charged at the rate set forth in Subsection A hereof.

(2) For single-family units where the elderly rates under Subsection C hereof are not applicable and where meters record a quarterly consumption of less than 1,400 cubic feet of water, there shall be charged a minimum amount of $38.64 per quarter, per meter.

C. Elderly discount.

(1) Notwithstanding Subsections A and B above, for single-family units in which an owner of record who actually resides in the premises is age 65 years or older, the following rate schedule shall apply, based on the volume of water use on a quarterly basis:

Number of Hundred Cubic Feet (hcf) Per Quarter	Rate Per hcf Per Quarter
0 - 50 (minimum 14 hcf)	$1.232
51 - 100	$2.463
101 - 200	$2.909
201 - 500	$3.021
Over 500	$3.021

(2) Proof of age, ownership and residence shall be required to be established by the owner to the satisfaction of the Water Department, annually, as of January 1 of each year, on forms to be furnished by that Department.

D. Any charge for trash/recycling or water or sewer use due to the City which is not paid in full by the due date on the bill rendered therefor shall bear interest on any unpaid balance at the rate of 14% per annum, in accordance with Chapter 28, § 28-12, of this Code, provided that in any case where said charge has been abated by order of the Executive Director of the Lowell Regional Water Utility or the Water Board pursuant to Article VII or VIII of this chapter, the Executive Director and Board shall have the power to stay and/or waive any such interest for a commensurate amount. Further, the Board and/or Executive Director of the Lowell Regional Water Utility may abate or adjust, in whole or in part, interest on a recalculated water bill.

§ 272-87 Annual sewer use charge.

[Amended 8-23-1988; 12-13-1988]

A. There is hereby established an annual charge for the use of the public sewers of the City by every estate in the City having one or more sewers discharging into the public sewers.

B. The charges for use of the public sewers of the City are as follows:

[Amended 6-13-1989; 5-26-1992; 6-28-1994; 8-23-1994; 6-11-1996; 4-29-1997; 11-10-1998; 10-17-2000; 10-7-2003; 10-26-2004; 10-21-2008; 12-23-2008]

(1) Industrial users. All industrial users shall be assessed a sewer use charge at the same rate as domestic and commercial users under Subsection B(2) hereof.

(2) Domestic and commercial users. Effective July 1, 2023, the sewer use charge, on a quarterly basis, shall be charged in accordance with the following rate schedule based on the volume of wastewater discharged into the system based upon water consumption metered during the first two quarters of the calendar year and/or other applicable standards for consumption of sewer usage, as set forth in Subsections D, E, F and G of this section:

[Amended 10-30-2012; 6-25-2013; 8-12-2014; 9-8-2015; 5-31-2016; 5-30-2017; 6-12-2018; 9-22-2020; 6-7-2022; 6-20-2023]

Number of Hundred Cubic Feet of Wastewater Discharged Per Quarter	Rate Per Hundred Cubic Feet Per Quarter
First 50 (base rate)	$5.64
51 - 100	$6.02
101 - 200	$6.11
201 - 500	$6.21
Over 500	$6.30

(3) Where meters record a quarterly consumption of less than 1,400 cubic feet of water there shall be charged a minimum wastewater charge equal to the amount of 1,400 cubic feet based on the rate schedule set forth in this section.

C. For the fiscal year commencing on July 1, 1979, and for each fiscal year thereafter, the City Manager shall recommend as a part of the annual budget submitted to the City Council a just and equitable sewer service charge based on water consumption metered during the first two quarters of the calendar year and/or other applicable standards for computation of sewer usage as set forth in Subsections D, E, F and G of this section. Such charge shall take into account all appropriate sewer-related estimated revenues and available surpluses and shall produce sufficient revenue to equal or exceed the annual appropriations proposed for sewer operation, maintenance and debt service. The City Council shall adopt the annual sewer service charge in conjunction with its adoption of the annual budget. In so doing, the City Council may increase or decrease the City Manager's recommended sewer service charge in proportion to any increase or decrease it may adopt in the City Manager's recommended appropriations for sewer operations, maintenance and debt service.

D. The quantity of water supplied by the City through a water meter in good working order shall be determined by the reading of such meter. The quantity of all other water shall be established by the Executive Director of the Lowell Regional Wastewater Utility by any reasonable and equitable method apt in the circumstances of the particular case to determine the quantity of water discharged by the building sewer or sewers of the estate into the public sewers of the City. However, where water is not supplied by the City but derived or received by an estate from another source and/or water is used on an estate in such a manner as not to enter the public sewers of the City and where such water is measured by one or more water meters in good working order installed and maintained on the estate by the Executive Director of the Lowell Regional Wastewater Utility at the request and expense of the owner or tenant of such estate, the quantity of water so derived or received, or the quantity of water so used, or both, shall be determined by the readings of such meter or meters.

E. If water so supplied, derived or received is used on the estate in such a manner as not to enter the public sewers of the City, determination of the charge established by this section shall be the quantity so used deducted from the aggregate amount of water so supplied, derived or received during such period.

F. In no case shall the minimum annual charge for public sewer use under the provisions of this Part 3 be less than $69.44.

G. Persons exempt from the payment of water rates and charges, but only such persons, shall be exempt from the charges established by this Part 3. Water supplied by the City or any other source used exclusively for fire pipe purposes shall not be included in the determination of the charges established by this Part 3.

H. The charges established by this Part 3 shall be due and payable by the owner of record at such time or times and in such installments, if any, as the Executive Director from time to time determines. The Executive Director shall in his order of assessment designate as the owner of a parcel assessed the person who was liable to assessment therefor on the preceding January 1.

I. The balance of any sewer service use charge remaining unpaid after 30 days from the date of billing shall be deemed to be delinquent and thereafter such delinquency shall constitute a lien upon the real estate for which such service is supplied. The City Treasurer/Collector is authorized and directed to file sworn statements showing such delinquencies in the office of the Recorder of Deeds of the county, and the filing of such statements shall be deemed notice of the lien of such charges for such services.

J. Septage will be accepted at the Lowell Regional Wastewater Utility from member communities and other sources; amounts of such septage shall be at the discretion of the Executive Director of the Utility.

[Added 4-28-1992]

K. Any charge for trash/recycling or water or sewer use due to the City which is not paid in full by the due date on the bill rendered therefor shall bear interest on any unpaid balance at the rate of 14% per annum, in accordance with Chapter 28, § 28-12, of this Code.

[Added 11-10-1998; amended 2-2-1999]

§ 272-88 Industrial cost recovery.

[Amended 12-23-2008]

A. Pursuant to the Federal Water Pollution Control Act, as amended, the City has established a cost recovery system for permitted industrial users.

B. In addition to the sewer use charge for industrial users under § 272-87B(1), all permitted industrial users shall be charged permit and sampling fees as established by the Executive Director.[1]

[1] Editor's Note: Original § 18-194, which immediately followed this section and dealt with water service fees, was deleted 8-23-1988. See now Ch. 150, Fees.