The purpose of this regulation is to establish a fair and equitable method of connecting with the Town of Nantucket sewer system. The fees will be adjusted annually based on the cost of living or other appropriate index.
As used in this article, the following terms shall have the meanings indicated:
RESIDENTIAL AND GENERAL COMMERCIAL USERS
All residential and commercial land use activities connected to the Nantucket sewage system which introduce no more than the equivalent of 25,000 gallons per day of domestic sanitary wastes to the treatment works.
SPECIAL USERS
All land use activities connected to the Nantucket sewage system which introduce more than the equivalent of 25,000 gallons per day of domestic sanitary wastes to the treatment works based on a combination of volume, strength and toxic waste factors.
The Nantucket sewer system connection fees shall be as follows:
A. 
Sewer permit application fees.
(1) 
Sewer permit application fees for new residential connections to the Nantucket sewer system shall be as shown in Article II, Exhibit 1, Sewer Permit Application Fee Schedule,[1] and shall be subject to periodic reviews and adjustments as the Sewer Commission deems appropriate. Applications for sewer permits are per dwelling or dwelling unit.
[1]
Editor's Note: This Exhibit is included as an attachment to this chapter.
(2) 
Sewer permit application fees for any existing residential property connecting to the Nantucket sewer system within the time frame established by the Board of Health shall be as shown in Article II, Exhibit 1, and shall be subject to periodic reviews and adjustments as the Sewer Commission deems appropriate. Applications for sewer permits are per dwelling, dwelling unit or any outbuilding with sanitary facilities.
B. 
Developers of sewer main extensions shall be required to pay all or a portion of the sewer service connection fees for all abutting properties as described in Article II, Exhibit 1, as determined by the Sewer Commission.
C. 
For commercial establishments and licensed lodging establishments (hotels, motels, licensed inns and guest houses), the sewer service connection fee shall be as shown in Article II, Exhibit 1, and shall be subject to periodic reviews and adjustments as the Sewer Commission deems appropriate. Applications for sewer permits are per dwelling or dwelling unit.
D. 
For mixed-use developments, the residential connections will be subject to the fees established in Subsection A and commercial connections will be subject to the fees established in Article II, Exhibit 1.
E. 
Where multiple dwellings or dwelling units exist on a single property, a sewer permit fee, as defined herein, shall be assessed per dwelling or dwelling unit.
F. 
For all residential dwellings, dwelling units, outbuildings with sanitary facilities and commercial establishments currently connected to the existing sewer system, no sewer service connection fee will be assessed; however, these existing connections are subject to the following fees as applicable, shown in Article II, Exhibit 1, and shall be subject to periodic reviews and adjustments as the Sewer Commission deems appropriate. Applications for sewer permits are per dwelling or dwelling unit.
The Sewer Commission shall enact other fees and charges in accordance with Article II, Exhibit 2.[1]
[1]
Editor's Note: This Exhibit is included as an attachment to this chapter.
The sewer capacity fee (SCF) is established in addition to the sewer service connection fees and other fees and charges, as follows:
A. 
Such fee applies to all properties that implement changes which, based on 310 CMR 15.203 (Article II, Exhibit 3),[1] have the potential to increase flows into the Nantucket sewer system, including new developments or new properties connected to the sewer, as well as changes to existing properties connected to the sewer system.
[1]
Editor's Note: This Exhibit is included as an attachment to this chapter.
B. 
The minimum sewer capacity fee for residential and nonresidential users is calculated using the sewer flows established in 310 CMR 15.203 (Article II, Exhibit 3) and is described in detail in the Sewer Capacity Fee Policy (Article II, Exhibit 4).[2]
[2]
Editor's Note: This Exhibit is included as an attachment to this chapter.
C. 
Payment of the sewer capacity fee is required before issuance of a sewer connection permit. The property owner may pay the fee in full up front. The Town of Nantucket will also allow the fee payment to be apportioned over time on the property owner's tax bill as follows:
(1) 
The property owner must pay at least 10% of the fee up front and sign a voluntary lien agreement which gets recorded at the Registry of Deeds.
(2) 
The remaining amount must be paid in annual installments at a rate established by the Sewer Commission, for a period not to exceed 20 years.
D. 
A schedule of residential SCFs is provided in Article II, Exhibit 5.[3]
[3]
Editor's Note: This Exhibit is included as an attachment to this chapter.
A. 
Rates for sewage services (base fee plus fee per unit of consumption for metered uses; and base fee plus a bedroom-based per-capita fee pursuant to 310 CMR 15.203 [Article II, Exhibit 3[1]] for well users) shall be established by the Town of Nantucket. The Town will review the cost of providing sewer service periodically and will adjust the rates accordingly.
[1]
Editor's Note: This Exhibit is included as an attachment to this chapter.
B. 
Charges for sewage services shall be billed to each customer in a minimum of semiannual installments to the extent possible; quarterly bills coinciding with the water company meter readings may be implemented.
C. 
A bill is considered delinquent 30 days after mailing date. A delinquent notice will be sent 15 days thereafter. Sixty days after the mailing date a 1.5% interest charge per month on any outstanding balance more than 30 days in arrears will be assessed.
D. 
Payment in full of any outstanding balance must be made prior to any hearing for an appeal of any sewer fees.
E. 
Residential property owners over the age of 65 are permitted to make periodic payments of the bill, provided that the bill is paid within one year following issuance. There shall be no interest charged or demand notices sent during this period.
F. 
If a sewer bill shows an obvious accounting or classification error, the Director may allow an adjustment of the bill without prior payment.
G. 
In accordance with MGL c. 83, § 16B, should the Nantucket Sewer Department become aware of a previously unknown sewer connection that has not been billed, the Nantucket Sewer Department has the authority to assess back charges from the previous six-year period in accordance with the rates and procedures established under this section or the applicable rate(s) during the unbilled period.
A. 
User fees must be paid no later than 30 days from the date of billing; any abatement authorized will later be returned to the applicant. Requests for a reduction in the amount billed must be filed with the Director no later than 30 days from the date of billing.
B. 
Request for reductions must be submitted on forms provided by the Nantucket Sewer Department. Such requests will be checked for a billing error, either a classification issue (reviewed by the Assessor) or a non-classification issue. If there is an obvious error, the Director or their authorized deputy, agent or representative can authorize the proper abatement, otherwise, the Director or their authorized deputy, agent, or representative shall send a letter with the reason of disapproval to the applicant, which can then be appealed to the Sewer Commission within 30 days from the date of disapproval.
C. 
The Sewer Commission may designate a subcommittee of its members to hear appeals of utility fee assessments. The Sewer Commission shall make its best efforts to determine if an abatement of the amount billed to the applicant is warranted on the basis of the existence of a hardship. Once the Sewer Commission has received notice that an appeal is requested of the applicant, it shall make its best efforts to notify the applicant within 10 days of the hearing date. The Sewer Commission shall then record the outcome of its vote and send a letter to the applicant to confirm the decision of the Sewer Commission. If the appeal has been denied, the applicant will also be sent a denial notice from the Sewer Commission. A final appeal from the decision of the Sewer Commission may be made to the Sewer Commission, in writing, within 30 days.
Commencing Fiscal Year 1995, unless otherwise adopted or amended, sewer user fees will not be assessed to properties that have been determined to be exempt from local taxation pursuant to the Town Assessor's records in accordance with MGL c. 59, § 5, clauses 1 through 15, as of July 1 of each year.
The Sewer Commission will consider, on a case-by-case basis, waivers of the Town's fees relating to the connection of dwellings in accordance with the Policy for Sewer Fee Waiver Requests (Article II, Exhibit 6).[1]
[1]
Editor's Note: This Exhibit is included as an attachment to this chapter.
If any provision of these regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without such invalid provisions or applications.
A. 
This regulation shall be in full force and effect from and after its passage, approval, recording and publication as provided by law.
B. 
Passed and adopted by the Select Board of the Town of Nantucket, State of Massachusetts, on the 5th day of January 2022.