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:

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

   1. (1) Assess users on a pro rata basis;
   2. (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. (3) Include provisions for calculating the assessments based on the total costs enumerated in (2) above;
   4. (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. (5) At the owner’s discretion, include provisions for terminating service or assessing and collecting penalties for non-payment;

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

   1. (1) Be sufficient to cover the cost of replacement of the WWTP within 20 years;
   2. (2) Serve as a source of funds for emergency cleanup and containment and major repairs or replacement of system components;
   3. (3) Be established prior to initiation of operation of the WWTP;
   4. (4) Identify the situations in which the account may be accessed;
   5. (5) Restrict account payments for repair and replacement costs to those in excess of $2,000;
   6. (6) Be sheltered from liability or bankruptcy claims, attachments, or other such liens;
   7. (7) Provide for management of the account and bonding of the account managers;
   8. (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. (9) Provide for funding the account; and

3. (c) Ownership documentation, comprising:

   1. (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:

      1. a. The articles of incorporation for a private corporation;
      2. b. The partnership agreement for a partnership; or
      3. c. The condominium instruments for a condominium association;
   2. (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. (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.

Source. #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35