City of Rochester, NH Article II Rates and Charges

§ 200-23 Establishment of wastewater rates and fees.

A. Process. Wastewater rates and fees shall be reviewed and updated periodically by the City Council. Such wastewater rates shall be computed based on the total amount budgeted for the Department of Public Works, Division of Sewage and Waste Treatment Works, operations and maintenance, plus any debt service and capital outlays determined by the City Council, and projections of estimated sewer consumption, number of accounts, and/or other such factors. Wastewater rates shall be recommended to the City Council by the Utility Advisory Board and/or the City Manager and shall be established to provide sufficient revenue to at least pay the expenses of operating and maintaining the wastewater treatment works, collection system, and appurtenant facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Exemptions. The City Council may authorize elderly exemptions for Users qualifying for property tax exemptions in the City, but such exemptions shall not result in charges lower than those necessary to recover operation and maintenance costs. Only the portion of the wastewater rates that recovers the debt service or capital outlays may be exempted.

C. Implementation of new wastewater rates and fees. Before new rates and/or fees are effective, there shall be two readings before the City Council. In addition, a public hearing shall be held between the first and the second readings. The public hearing shall be held at least 10 calendar days before the rates and fees are effective.

§ 200-24 Rates, charges and fees.

[Amended 5-6-2008]

A separate listing of all deposits, wastewater rates, charges, and violation fees can be obtained from the Department of Public Works or the Business Office. Wastewater User charges shall be assessed as follows:

A. Metered water customers. All customers that are supplied by the City of Rochester water system shall be charged based upon water usage. The rate shall be listed in § 200-33, Wastewater Rate and Fee Schedule.

B. Unmetered residential customers. All unmetered residential wastewater customers shall pay a flat rate quarterly wastewater User charge. The rate shall be as listed in § 200-33, Wastewater Rate and Fee Schedule. Each unit of a multi-unit dwelling or mobile home park shall be considered a residential customer. The property owner shall be billed for each dwelling unit even if the property has only one service (i.e., the owner of a ten-unit apartment building shall be billed the residential flat rate times 10).

[Amended 6-6-2017]

C. Unmetered industrial customers. Any industrial wastewater customers not connected to the City of Rochester water system shall install an appropriate meter to measure discharges into the City sewer system. The rate charged shall be as listed in § 200-33, Wastewater Rate and Fee Schedule.

D. Minimum fee. Notwithstanding the provisions of Subsection A, any metered industrial/commercial or residential wastewater User shall pay a minimum quarterly wastewater User's charge as listed in § 200-33, Wastewater Rate and Fee Schedule.

E. TKN surcharge. Total Kjeldahl Nitrogen (TKN) is a pollutant found in most wastewater and is subject to a surcharge where discharges exceed a ceiling limit, as listed in § 200-33. Where an individual User discharges greater than the ceiling limit, then the User shall be assessed a fee for every pound in excess of the ceiling limit. The total pounds of TKN discharged will be determined quarterly and be based on continuous flow records maintained by the User and the quarterly water quality testing conducted by the City. Supplemental water quality data, in addition to that collected for industrial pretreatment monitoring, can be provided by the User at no cost to the City and may be used in calculating the surcharge fee, as approved by the Commissioner. The surcharge fee is in addition to the wastewater rate and fee for commercial and industrial customers.

§ 200-25 Billing and payment.

A. Wastewater bills shall be rendered to all customers at least quarterly and may be rendered more frequently at the discretion of the Business Office with the approval of the City Manager.

B. Wastewater bills are due and payable upon presentation and shall become delinquent after 30 days after the date of issuance. Interest shall accrue on bills not paid when due at the same rate charged by the City for overdue property tax bills.

C. Checks shall be made payable to the City of Rochester and submitted to the Tax Collector. When bills are overdue, the customer will be sent a notice. Bills not paid when due become a lien on the property by New Hampshire statutes.

[Amended 9-4-2007]

D. The failure of a customer to receive wastewater bills does not relieve the customer of responsibility for making prompt payment.

[Amended 5-6-2008]

E. The Department of Public Works in collecting and treating wastewater, doing work, or furnishing materials shall deal with only the customer and the premises, and such customer shall keep the Business Office advised of the address to which bills, notices, and communications may be forwarded. Although the payment for service may be assumed by an agent or tenant, the owner of the premises will be held personally responsible for the same. A change in ownership will not relieve the premises from payment of back bills.

§ 200-26 Appeals.

Users aggrieved of bills rendered under this article have the following rights of appeal:

A. Notification. The aggrieved User shall notify the Business Office in writing that said bill is contested before the next billing for this wastewater service. The notification shall explain why the bill is contested and provide the information necessary to determine the validity of the claim. The Finance Director may require the use of forms to expedite the appeals process.

[Amended 3-5-2019]

B. Resolution. Upon receipt of a notification under Subsection A, the Finance Director shall submit the claim to the Utility Advisory Board with a recommendation on the validity of the claim. The Utility Advisory Board shall act on all appeals received at a regularly scheduled meeting. The determination of the Utility Advisory Board shall be final, except that the City Manager shall have the authority to veto or modify any action of the Utility Advisory Board. Aggrieved parties shall be allowed only one appeal per claim.

[Amended 3-5-2019]

C. Disposition of appeals. For appeals found to be valid, the date of the billing shall be revised to the date of the Utility Advisory Board's decision. Revised charges shall become due and payable as specified in § 200-25. For appeals not found to be valid, the date of the billing shall be as originally issued, and charges and interest shall be as computed as specified in § 200-25.

§ 200-27 Agreements.

An agreement between the City Finance Director and the customer may be signed, on a form provided in the Business Office, if the customer is unable to satisfy his/her wastewater bill in full at the due date. An agreement procedure shall be established by the Finance Director and approved by the City Manager.

§ 200-28 Miscellaneous bills.

[Amended 9-4-2007]

Charges for labor and material, including installation costs, shall be billed upon completion of the work which the bill covers. If such bills are not paid within 30 days or a payment agreement has not been made with the Business Office, a lien may be placed on the property. All late payments shall include interest charges. Collection procedures will be taken and any costs will be charged to the customer.

§ 200-29 Sale or transfer of property.

On sale or transfer of property, the customer must give notification of such sale or transfer to the Business Office in order that a final meter reading can be taken and proper charges made to the proper owner. A minimum of 24 hours' notice is required.

§ 200-30 Utility Advisory Board.

[Amended 3-5-2019]

A. The Utility Advisory Board shall periodically make recommendations to the City Council on the level of wastewater rates to be established under this article, but such recommendations are not binding on the City Council. The Utility Advisory Board shall rule on appeals of User and other charges and fees and perform other such duties that may be assigned by City Council.

B. The membership and terms of the Utility Advisory Board shall be as provided in § 260-28 of the City Code.

§ 200-31 Construction/extension of public sewers for new development.

A. Applications for the construction/extension of public sewers shall be in the form of a petition addressed to the Commissioner of Public Works in compliance with the rules established by the Department of Public Works.

B. The Commissioner may require that an applicant file with the City Clerk such rights-of-way, releases, performance surety, or any other instruments reasonably consistent for any such construction, and the City of Rochester shall be grantee, guaranteed insured, or payee of any such instrument.

C. The applicant shall pay full costs for any such construction and installation of public sewers, as well as all costs associated with extensions of existing public sewers in existing public rights-of-way. Full title to the same shall, upon acceptance, be the property of the City of Rochester. All construction of public sewers shall be under the direct supervision of the Department of Public Works.

§ 200-32 Extension of existing public sewers in accepted roadways.

A. Upon petition by citizens of the City or when deemed necessary or desirable for the protection and well-being of the City, the extension of existing public sewers in accepted roadways may be approved by a vote of the City Council.

B. Where the construction and installation of public sewers is to be made in and upon existing streets and roads, and the public good requires it and/or undue hardships would result if cash payment were made, then and in such case the City may finance the construction through issuance of bonds or other financing method and pay the full costs. The proportionate share of each abutter along the line of construction and installation based on the actual cost of construction per running foot or other equitable distribution of cost when petition, application, or late petition is made and granted shall become a lien on such abutting property as real estate taxes until payment of said proportionate share of full costs, including financing, is made.

C. Payment may be as follows:

(1) The affected party may pay its proportionate share in cash for the full amount, at the time the obligation is incurred.

(2) The affected party may enter into an agreement with the City that said proportionate share of all costs may be paid in equal installments over a period of time equal to the term of the bond or a lesser period. Such agreement is to be recorded with the Strafford County Register of Deeds at the expense of the affected party. In the event property is conveyed, the new owner(s) will be responsible for all unpaid bills and liens.

(3) All funds relating to public sewer extensions under these provisions may be placed in a special fund for payment of bonds, interest, and charges pertaining thereto.

D. Any affected party dissatisfied with the determination of his/her proportionate share of costs may appeal said assessment as outlined in § 200-26.

§ 200-33 Wastewater Rate and Fee Schedule.

[Amended 7-1-2000; 6-26-2007; 2-5-2008; 5-6-2008; 6-10-2008; 6-16-2009; 8-18-2009; 6-21-2011; 11-20-2012; 11-1-2016; 2-6-2018; 3-5-2019; 5-5-2020]

A. Quarterly wastewater rates.

[Amended 8-2-2022]

(1) Residential customers without exemption: eight dollars and seventeen cents ($8.17) per 100 cubic feet of water use.

(2) Residential customers with exemption: five dollars and forty-three cents ($5.43) per 100 cubic feet of water use.

(3) Commercial and industrial customers: eight dollars and seventeen cents ($8.17) per 100 cubic feet of water use.

(4) High-volume customers (i.e., customers using more than 5,000 units** monthly): seven dollars and thirty-six cents ($7.36) per 100 cubic feet of water use. **Note: For purposes of this section the word "unit" shall mean 100 cubic feet or 748 gallons of water use.

(5) Unmetered residential customers:

(a) Per quarter per unit without exemption: two hundred fifty-two dollars and forty-two cents ($252.42).

(b) Per quarter per unit with exemption: one hundred twenty-six dollars and nineteen cents ($126.19).

(6) Sewer metered customers: eight dollars and seventeen cents ($8.17) per 100 cubic feet.

(7) Minimum fee:

(a) Per quarter per unit without exemption: thirty-seven dollars and seventy-four cents ($37.74).

(b) Per quarter per unit with exemption: thirty dollars and four cents ($30.04).

B. Septage discharge: fifty-five dollars ($55.) per 500 gallons or portion thereof.

C. RV septage discharge: sixteen dollars ($16.) flat fee.

D. Graywater disposal: thirty dollars ($30.) per 2,000 gallons or portion thereof.

E. TKN surcharge:

(1) Ceiling limit: 60 pounds per day TKN.

(2) Surcharge fee: one dollar and eighteen cents ($1.18) per pound of TKN.

F. Fees.

(1) Permit and inspection fee: fifty dollars ($50.).

(2) Wastewater discharge permit fee: fifty dollars ($50.).

(3) Reserve capacity assessment: four dollars and thirty-three cents ($4.33) per gallon.

[Amended 9-6-2022]

G. Installation fees.

(1) Installation by City: three hundred dollars ($300.) minimum or estimated cost of installation in advance.

(2) Charge for road maintenance for service installed between December 1 and March 31: two hundred dollars ($200.) minimum or estimated cost of road maintenance in advance.

(3) Installation and repair license: one hundred dollars ($100.) per year.

(4) Meter repair or testing: minimum charge of thirty dollars ($30.) for the first half hour per visit plus cost of transportation of meter to testing facility and cost of testing.

(5) Meter damage: fifty dollars ($50.).

H. Temporary service. See installation fees; wastewater charges will be billed at above rates.

I. Backflow prevention devices. All costs associated with installation, repair or inspection to be paid by owner. Inspection costs shall be not less than minimum service charge.

J. Violations: All costs associated with investigation, enforcement and correction of violations to be paid by owner.

K. Bad check: twenty-five dollars ($25.) plus all associated fees.