N.H. Code Admin. R. Env-Wq 718.06

Current through Register No. 25, June 20, 2024

Section Env-Wq 718.06 - Financial Documentation Requirements

An applicant for a discharge permit for a privately-owned WWTP as specified in Env-Wq 718.03 (c) or (d) shall submit the following financial documentation:

(a) A system for assessing the users of the WWTP, which system shall:

(1) Assess users on a pro rata basis;

(2) Generate sufficient funds to be used to cover all expenses and charges related to the operation, maintenance, routine repair and replacement, and financing of the WWTP;

(3) Include provisions for calculating the assessments based on the total costs enumerated in (2) above;

(4) Include provisions for notifying users of the amounts due, collecting the amounts due on a periodic basis, and rebating excess collections or applying excess collections to the next billing period; and

(5) At the owner's discretion, include provisions for terminating service or assessing and collecting penalties for non-payment;

(b) Evidence of a capital reserve account, which account shall:

(1) Be sufficient to cover the cost of replacement of the WWTP within 20 years;

(2) Serve as a source of funds for emergency cleanup and containment and major repairs or replacement of system components;

(3) Be established prior to initiation of operation of the WWTP;

(4) Identify the situations in which the account may be accessed;

(5) Restrict account payments for repair and replacement costs to those in excess of $2,000;

(6) Be sheltered from liability or bankruptcy claims, attachments, or other such liens;

(7) Provide for management of the account and bonding of the account managers;

(8) Authorize access to the account by the department for use in remedying an emergency situation in cases where the managers of the account refuse to remedy the emergency situation; and

(9) Provide for funding the account; and

(c) Ownership documentation, comprising:

(1) Documents that evidence the owner's legal authority to construct and provide continuous operations and maintenance of the facilities which include one of the following:

a.The articles of incorporation for a private corporation;

b.The partnership agreement for a partnership; or

c.The condominium instruments for a condominium association;

(2) For issuance of a permit pursuant to Env-Wq 718.03(c), a formal written and executed agreement between the owner and the municipality that the municipality has agreed to be the holder or co-holder of the discharge permit; and

(3) For issuance of a permit pursuant to Env-Wq 718.03(d), a docket number from the New Hampshire public utilities commission showing that the facility owner is or will be a company subject to, and in full compliance with, the rules of the New Hampshire public utilities commission.

N.H. Code Admin. R. Env-Wq 718.06

Adopted byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10693, Effective 10/15/2014, Expires10/15/2024.