Residential Flat Rate Monthly Sewer Charge Application

(See also Ord. 156, Article II, Section 4 and Article IV, Section 8) 

Guidelines established by the Pelham Water and Sewer Department: For residential customers having access to the public municipal sewer system but are not connected to it. The City Council has established a monthly flat rate for this class of customers, whereby the customer shall bear the burden of proof that the residence is not connected to the public sewer system. 

The following guidelines are thus established: 

• The customer shall make application to the Pelham Water and Sewer Department to receive the flat rate monthly charge on a form provided by the Department. These guidelines are provided with the application and are made a part of the application. The customer, in making the application, agrees to abide by these guidelines as part of the consideration by the City to allow the flat rate monthly charge. 
• The customer shall provide to the Department the information as requested on the application along with a non-refundable application fee of $120.00 (or other future fee rate as established from time to time by the Department). The above fee is to offset the cost to the Department to perform the test needed in the following guideline. 
• The Water and Sewer Department will set an appointment with the customer to perform tests to establish whether or not the customer is connected to the system. 
• If, as a result of the tests, the Department concludes that the customer is connected to the system, then the flat rate monthly charge will be denied and the customer shall pay the existing Residential Customer (user) rate. 
• If, as a result of the tests, the Department concludes that the customer is not connected to the system, then the customer shall be billed the flat rate monthly charge beginning the next billing cycle of the Department.  
• There will be no retroactive credits or rate changes for periods prior to the time application for the flat rate monthly charge was received by the Department. (Special exception: Beginning January 1, 2010, customers who make application for the flat rate prior to April 30, 2010 and it is determined that the customer is not connected to the public sewer system then the customer shall receive retroactive credit for the flat rate back to January 1, 2010. Any application received after April 30, 2010 will not be eligible for retroactive credit). 
• These guidelines are customer specific and not address (location) specific. A new application must be submitted; test performed and concluded by the Department that the residence is not connected to the public sewer system each time a new account (change in user) is established at the residence (location). 
• Customers that apply and receive the flat rate agree that they will notify the Department if, at any time, their private wastewater treatment facility fails to properly function, obtain a connection permit and immediately connect to the public sewer (Ord.156, Article IV, Section 8). At such time, the flat rate monthly charge shall no longer apply, and the customer shall then be charged the existing Residential Customer (user) rate beginning the following billing cycle. 
• Any question or conflict arising due to these guidelines or the interpretation thereof shall be handled on a case-by-case basis by the Director of Public Works. These guidelines or parts of these guidelines in any manner conflicting with any ordinance or parts of ordinances are hereby repealed and the ordinance shall prevail and govern. These guidelines and the ordinance which establishes them and the rates charged to the customer are subject to change from time to time without notice. 
• The Department reserves the right to re-test, at the Department’s discretion, any customer who has made application and been granted the flat rate monthly charge. 
• The customers, in making application for the flat rate monthly charge, agree to abide by these guidelines, the ordinances relating thereto and the penalties established thereby. Failure of the customer to abide by these guidelines and ordinances relating thereto including the prompt and timely payment of all charges, fees and penalties to the Water and Sewer Department shall void the agreement of the Water and Sewer Department to allow the customer the flat rate monthly charge at which time the customer will be charged the existing Residential Customer (user) rate beginning the following billing cycle.