[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]
(1)
Until
December 31, 2020, quarterly and monthly charges will be as follows:
|
Meter Size
(inches)
|
Quarterly Charge
|
Monthly Charge
| |
|---|---|---|---|
|
0.625
|
$31.94
|
$10.65
| |
|
0.75
|
$63.88
|
$21.30
| |
|
1
|
$253.99
|
$84.66
| |
|
1.5
|
$506.45
|
$168.82
| |
|
2
|
$1,426.59
|
$475.53
| |
|
3
|
$3,164.94
|
$1,054.98
| |
|
4
|
$6,331.41
|
$2,110.47
| |
|
6+
|
$15,829.27
|
$5,276.42
|
(2)
From
January 1, 2021, through December 31, 2021, quarterly and monthly
charges will be as follows:
|
Meter Size
(inches)
|
Quarterly Charge
|
Monthly Charge
| |
|---|---|---|---|
|
0.625
|
$38.33
|
$12.78
| |
|
0.75
|
$76.66
|
$25.55
| |
|
1
|
$304.79
|
$101.60
| |
|
1.5
|
$607.74
|
$202.58
| |
|
2
|
$1,711.91
|
$570.64
| |
|
3
|
$3,797.93
|
$1,265.98
| |
|
4
|
$7,597.69
|
$2,532.56
| |
|
6+
|
$18,995.12
|
$6,331.71
|
(3)
Starting
January 1, 2022, 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
|
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, 2017, the flow charge per 100 cubic
feet will be $2.36. Effective January 1, 2021, the flow charge per
100 cubic feet will be $2.83. Effective January 1, 2022, the flow
charge per 100 cubic feet will be $3.26.
[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]
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.
