[Amended 4-11-2017 by Ord. No. O-17-031]
This article provides for a system of sewer use fees to be paid by all users of the City wastewater system, the classification of users, and the creation of a wastewater system fund as a municipal enterprise and a legal and accounting entity. This wastewater system fund is the "sewer fund" required by NH RSA 149-I:10.
[Amended 12-23-2003 by Ord. No. O-03-217]
A. 
The wastewater system fund shall be a legal and accounting entity of the City. Pursuant to state law, the fund shall be kept as a separate and distinct fund, shall not be commingled with City tax revenues, and shall not be deemed part of the municipality's general fund accumulated surplus. All revenues from sewer use fees, connection charges and any other revenues related to the collection and treatment of wastewater will be credited to this fund, and all expenditures for the operation and maintenance of the system, including contract summary and change orders as well as a scope of work for each contract or change order related to the EPA consent decree associated with the separation of wastewater and stormwater and/or storage facilities as well as other designs presented for approval shall contain only items related to the storage treatment and separation of wastewater or stormwater and conveyance systems. Submission of plans and/or change orders shall contain only what is necessary to complete and restore disturbed areas as deemed appropriate by the Board of Public Works and the Board of Aldermen. Appropriate uses also include capital replacement, and improvements will be charged to this fund. A detailed summary of these plans shall be updated yearly and submitted to the Board of Aldermen for review. The earnings and other reserves of the system will be retained in this fund. Pursuant to state law, the fund may be expended only for the cost of design, construction, expansion, replacement, management, maintenance, operation, and repair of sewer lines and systems and sewerage treatment and disposal works and facilities, as well as payment of the interest on any related debt incurred.
[Amended 4-11-2017 by Ord. No. O-17-031]
B. 
The administration of the provisions of this article shall be the responsibility of the Director of Public Works.
C. 
The Nashua wastewater system shall be responsible for the preparation of monthly and quarterly bills, the receipt and custody of all funds, and the maintenance of general and operating account records required to show the results of operations and the financial condition of the fund.
There shall be six classes of users: residential, commercial, industrial, institutional, governmental, and wholesale, which are defined in § 255-1.
[Amended 10-14-2003 by Ord. No. O-03-173]
A. 
Basis for payment for services. Each user shall pay for the services provided by the City wastewater system based on the size of the water meter that serves the user, and which represents the demand the user may make on the system, and the actual use of the system measured by water meter readings or wastewater meters installed at the user's expense.
B. 
Demand charges. Each user shall pay a quarterly or monthly demand charge based on the size of the water meter serving the property.
[Amended 5-24-2011 by Ord. No. O-11-70; 12-10-2013 by Ord. No. O-13-39; 12-13-2016 by Ord. No. O-16-019; 1-26-2021 by Ord. No. O-20-040; 12-12-2023 by Ord. No. O-23-066]
(1) 
Through March 31, 2024, quarterly and monthly charges will be as follows:
Meter Size
(inches)
Quarterly Charge
Monthly Charge
0.625
$44.08
$14.69
0.75
$88.15
$29.38
1
$350.51
$116.84
1.5
$698.90
$232.97
2
$1,968.69
$656.23
3
$4,367.62
$1,455.87
4
$8,737.35
$2,912.45
6+
$21,844.39
$7,281.46
(2) 
From April 1, 2024 through December 31, 2024, quarterly and monthly charges will be as follows:
Meter Size
(inches)
Quarterly Charge
Monthly Charge
0.625
$50.69
$16.89
0.75
$101.37
$33.79
1
$403.09
$134.37
1.5
$803.74
$267.92
2
$2,263.99
$754.66
3
$5,022.76
$1,674.25
4
$10,047.95
$3,349.32
6+
$25,121.05
$8,373.68
(3) 
From January 1, 2025 through December 31, 2025, quarterly and monthly charges will be as follows:
Meter Size
(inches)
Quarterly Charge
Monthly Charge
0.625
$55.76
$18.58
0.75
$111.51
$37.17
1
$443.40
$147.80
1.5
$884.11
$294.71
2
$2,490.39
$830.13
3
$5,525.04
$1,841.68
4
$11,052.75
$3,684.25
6+
$27,633.15
$9,211.05
(4) 
Starting January 1, 2026, quarterly and monthly charges will be as follows:
Meter Size
(inches)
Quarterly Charge
Monthly Charge
0.625
$61.34
$20.44
0.75
$122.66
$40.88
1
$487.73
$162.58
1.5
$972.52
$324.18
2
$2,739.43
$913.14
3
$6,077.54
$2,025.84
4
$12,158.02
$4,052.67
6+
$30,396.47
$10,132.15
C. 
Flow charge. In addition to the monthly or quarterly demand charge, each user shall pay a flow charge for each 100 cubic feet of use measured by water meter readings or wastewater flow meter readings. Effective January 1, 2022, the flow charge per 100 cubic feet will be $3.26. Effective April 1, 2024, the flow charge per 100 cubic feet will be $3.75. Effective January 1, 2025, the flow charge per 100 cubic feet will be $4.12. Effective January 1, 2026, the flow charge per 100 cubic feet will be $4.54.
[Amended 2-26-2008 by Ord. No. O-08-07; 4-14-2009 by Ord. No. O-09-61; 5-24-2011 by Ord. No. O-11-70; 12-10-2013 by Ord. No. O-13-039; 12-23-2013 by Ord. No. O-13-068; 12-13-2016 by Ord. No. O-16-019; 1-26-2021 by Ord. No. O-20-040; 12-12-2023 by Ord. No. O-23-066]
D. 
Discount for use of water outside the dwelling unit. Residential users shall pay demand and flow charges, as outlined, for billing quarters during the period of October 1 to March 31. To accommodate the variable use of water outside the dwelling unit during the warm weather months, residential users, including multifamily residential users, shall pay the same amount for each billing quarter as they pay for the first full billing quarter falling between the dates of October 1 and March 31. Notwithstanding the foregoing, any residential user may opt, by filing a notice in January of each year, to have the user fee determined by actual usage as metered by the water meter and any deduct meter.
E. 
Use of water from nonmetered source. The Director of Public Works may require any property served by the wastewater system which uses water from nonmetered sources to install, at the user's expense, meters to measure the amount of water used or wastewater discharged to the sewer system, or the City may bill each user the average quarterly charge (demand and flow) by billing type (residential or commercial). This charge shall be reviewed annually.
[Amended 4-14-2009 by Ord. No. O-09-61]
F. 
Use of water not discharged to sewer system. Any user who uses metered water that is not discharged to the sewer system may install, at the user's expense, appropriate meters to measure the amount of water not discharged to the sewer system. If the City is satisfied that the meters have been properly installed, the user will not owe flow charges for this water not discharged to the sewer system.
G. 
Billing. All residential users and other users whose total quarterly charge is less than $500 will be billed quarterly. All users whose total quarterly charge is $500 or more will be billed monthly.
H. 
Due date; late payment. Bills are due when rendered. Bills paid 30 days or more after the due date will be charged a late payment penalty of one and 1.5% for each 30 days or portion thereof of delinquency. When any bill is more than 90 days past due, sewer service to such property may be discontinued until such bill is paid.
I. 
Lien. The City shall have a lien on property served by its sewerage system for any and all sewer use fees charged pursuant to this article and may enforce said lien as provided in NH RSA 149-I:11 and NH RSA 38:22. The Tax Collector shall file notices of liens in the county registry of deeds at least once annually.
J. 
Septage charges. The charge for disposing of residential septage at the wastewater treatment plant shall be $79 per 1,000 gallons. Septage charges will be billed monthly.
A. 
All properties not connected to the City wastewater system will be exempt from sewer use charges, but will be subject to the fee for any septage discharged at the wastewater treatment plant.
B. 
Any user who feels the sewer use fees are unjust or inequitable may make written application to the Director of Public Works requesting a review of the sewer use fees. The written request shall, where relevant, show the actual or estimated flow and the strength of the wastewater discharged in comparison with the values upon which the charges were based, including how the measurements or estimates were made.
C. 
Review of the request for adjustment shall be made by the Director of Public Works and, if substantiated, sewer use fees for the user shall be recalculated based on the revised flow and the adjustment included in the next billing cycle or period.
A. 
The Director of Public Works will review the sewer use fees and rates at least once annually and recommend revisions in the rates as necessary to the Board of Public Works and to the Board of Aldermen to ensure that adequate revenues are generated to pay the costs of operation and maintenance, including capital replacements and improvements, and meet any other financial obligations of the wastewater system, and that sewer use fees continue to provide for the proportional distribution of costs among users and user classes.
B. 
The demand charge, flow rate, and total flow charge applicable to each user will be printed in a conspicuous place on each bill. Whenever demand charges or flow rates are subject to a general increase, each user will be sent a statement setting forth the new charge or rate.
Any user who shall do any act or commit any deed to obstruct or interfere with the proper measuring of water consumption or sewerage flow by meter shall be subject to assessment for all back user charges as estimated by the Director of Public Works and such other criminal or civil penalties as may be provided by law, including such civil penalties as may be authorized by NH RSA 149-I:6.