Water Sewer Abatement Policy Procedure

WATER-SEWER ABATEMENT POLICY

This policy was adopted as amended by the Exeter Select Board on March 25th, 2019.  This policy is administered under the Board’s authority pursuant to RSA 38 and RSA 149-I).

General Policy

It is the policy of the Town of Exeter not to grant adjustments to water & sewer bills unless the problem rests with the Town’s system. However, the Town recognizes that a high bill resulting from accidental, unpreventable water release can present financial hardship to a ratepayer. While most water releases are preventable, there are certain circumstances when an accidental water release is not preventable.

The intent of this policy is to establish a one-time abatement of up to $500, during any ten year period, due to an accidental, unpreventable water release that exceeds 50% above normal average usage.  This figure is calculated looking back over a 12 month period (4 quarters) from the date of discovery of the leak. 

The town is under no obligation to issue an abatement if the leak is not due to a deficiency in the town system.

Discovering and repairing issues to stop water loss is the responsibility of the ratepayer.  A courtesy notice from the Water-Sewer Department regarding high usage on a metered property, nor the omission or delay of sending such notice, does not create any liability to the Town.

Procedure

A ratepayer seeking an abatement shall file an application for abatement through the Department of Public Works Water/Sewer Department.  The Water/Sewer Department will review information submitted regarding abatement requests due to unpreventable leakage, and perform a leak check if necessary.  The Department reviews the application and makes a recommendation to the Water/Sewer Advisory Committee whether to grant abatement based on the policy.

The Water/Sewer Committee meets after receiving the Department recommendation and makes a determination on the abatement request.  Decisions on abatements will be made in the most timely manner possible based on town committee schedules.  The Water-Sewer Department will inform the applicant of the date, time, and place the abatement application will be discussed by the Water-Sewer Advisory Committee.

Water/Sewer Committee meetings are held in public unless a request needs to be discussed in a non public session under RSA 91A, for acceptable exceptions identified in RSA 91A.

The deadline for submitting an abatement application is 90 days after receipt of the date of the water and sewer bill containing the qualifying amount for which an abatement is sought. 

The Select Board will handle appeals from denial of abatements by the Water-Sewer Advisory Committee, under this policy.  As a matter of course, the Select Board will sign all abatements granted in their role as water/sewer commissioners under RSA 38:28 and RSA 149-I.

The ratepayer is always encouraged to attend the public meeting to discuss the abatement, but is not required to attend.

Additional Information

Landlords will be responsible for tenant bills in accordance with this policy. Failure by a tenant to pay water and sewer charges will not excuse the landlord of any outstanding obligations.

In order to qualify for abatement, a ratepayer’s excess consumption must exceed 50% above their normal average consumption, calculated from a review of a 12 month look-back period, as determined by the Water-Sewer Department. Any request not meeting this standard will not be considered.

The ratepayer must prove that the deficiency responsible for leakage has been repaired or corrected.  This repair or correction must be affirmed by the Water-Sewer Department. 

The Water/Sewer Department reserves the right to grant adjustments on water use or sewer use or both, such as in the case of a second meter landscaping irrigation system malfunction, billing clerical errors, or meter adjustment/read errors.

In the event that a ratepayer cannot determine the source or cause of the abnormally high consumption (or claims the source never existed), the ratepayer is required to hire a private licensed plumber to assist the ratepayer in trying to determine said source or cause. If the plumber is unable to determine the source or cause of the abnormally high consumption, the Town will take the position that the ratepayer has located and repaired or corrected the source of the leak.

If the ratepayer claims that said source never existed, the Town shall test the meter and make an adjustment to the bill in accordance with NHPUC requirements for meters found to be over-recording. If the meter test reveals an accurate or under- recording meter, the ratepayer shall be held responsible for the entire bill plus the cost of meter testing and shipping/handling.

In the event the source or cause of the abnormally high consumption is related to a leak due to ratepayer negligence such as the failure to maintain internal (private) plumbing fixtures in good repair and/or protect plumbing from freezing, the ratepayer will be held responsible for the entire bill.  The Town is not responsible for spigot damage due to freezing or falling ice.

In the event the abnormally high consumption has occurred due to unpredictable leakage not caused by ratepayer negligence or unfortunate circumstances, the Town shall consider granting a one-time, ten year abatement of up to $500.

Consideration may consider compensation from any other sources, including reimbursement from homeowners insurance via a claim. The ratepayer may be required to submit a written statement from their homeowner’s insurance policy provider stating what portion, if any, of the leak is covered by insurance.

The Town shall not disconnect service (for abnormally high consumption) provided the ratepayer pays the entire amount due within the normal payment period or enters into payment arrangements with the Tax, Water/Sewer Collections Office for the excessive amount and is in good standing on all current billings.

The above policy supersedes any prior water-sewer adjustment policies.

Original Policy Date: 10/21/92
Amended Policy Dates: 4/10/95, 6/19/95, 10/16/00, 5/19/08, 3/25/19