835-RICR-20-00-2
835-RICR-20-00-2. Customer Service (version Adoption, 03/31/2004 to 04/13/2018)
NARRAGANSETT BAY COMMISSION
CUSTOMER SERVICE’S RULES AND REGULATIONS
Table Of Contents
ARTICLE 1 - PURPOSE AND AUTHORITY...............................................................................1
ARTICLE 2 - APPLICABILTY......................................................................................................2
ARTICLE 3 - DEFINITIONS .........................................................................................................3
ARTICLE 4 - CONSUMPTION AND FIXED SEWER USE FEES..............................................7
ARTICLE 5 - RESIDENTIAL CONSUMPTION SEWER USE FEES .........................................8
ARTICLE 6 - NON-RESIDENTIAL CONSUMPTION SEWER USE FEES ...............................9
ARTICLE 7 - FIXED FEE BASED SEWER USE FEES.............................................................10
ARTICLE 8 - CONSUMPTION BASED SEWER USE FEES....................................................11
8.1
Basis for Consumption Fees ..............................................................................11
8.2
Estimated Bills...................................................................................................11
8.3
Back Bills...........................................................................................................11
8.4
Surcharges..........................................................................................................11
ARTICLE 9 - USE FEE ABATEMENTS.....................................................................................12
9.1
Abatement Policy...............................................................................................12
9.2
Abatement Application Procedure.....................................................................12
ARTICLE 10 - LEAKS .................................................................................................................13
ARTICLE 11 - METER TESTING AND FAILURES .................................................................14
11.1
Meter Repaired or Replaced ..............................................................................14
11.2
Dead Meter or Meter Unable to be Read...........................................................14
ARTICLE 12 - PRETREATMENT FEES ....................................................................................15
ARTICLE 13 - SEWER CONNECTION FEES............................................................................16
ARTICLE 14 - BACK-UP REMOVAL FEES..............................................................................17
ARTICLE 15 - SEPTAGE FEES ..................................................................................................18
ARTICLE 16 - OTHER SEWER USE FEES, INCLUDING MISCELLANEOUS FEES,
CHARGES, SURCHARGES AND ASSESSMENTS ..................................................................19
ARTICLE 17 - CLOSINGS...........................................................................................................20
ARTICLE 18 - DISPUTES............................................................................................................21
18.1
Dispute Procedure..............................................................................................21
18.2
Appeals ..............................................................................................................21
ARTICLE 19 - ADJUSTMENTS..................................................................................................22
ARTICLE 20 - PAYMENT...........................................................................................................23
20.1
Payment Terms ..................................................................................................23
20.2
Payment Plans....................................................................................................23
ARTICLE 21 - SEWER USE FEE LIENS, WATER TERMINATION AND COLLECTION
ACTIONS ......................................................................................................................................24
ARTICLE 22 - MAINTENANCE AND REPAIR ........................................................................25
ARTICLE 23 - TITLING OF ACCOUNTS..................................................................................26
ARTICLE 24 - INTERPRETATION OF REQUIREMENTS ......................................................27
24.1
Construction.......................................................................................................27
24.2
Captions .............................................................................................................27
24.3
Severability ........................................................................................................27
ARTICLE 25 - AMENDMENT TO RULES AND REGULATIONS..........................................28
ARTICLE 26 - ADOPTION..........................................................................................................29
26.1
Effective Date ....................................................................................................29
26.2
History ...............................................................................................................29
ARTICLE 1 - PURPOSE AND AUTHORITY
These Rules and Regulations shall be referred to as Customer Service’s Rules and Regulations.
The Customer Service’s Rules and Regulations are intended to ensure the proper billing, dispute
resolution and collection of the sewer use fees of the Narragansett Bay Commission (“NBC”).
The following Customer Service’s Rules and Regulations are adopted by the NBC as provided
by Title 46, Chapter 25, as amended, of the General Laws of 1980 of the State of Rhode Island
creating and organizing the NBC.
In the event of future wastewater facility acquisitions and/or annexations to the NBC, the
Customer Service’s Rules and Regulations shall become incorporated by reference and binding
thereon, and all previous customer service’s Rules and Regulations of said facility shall be
abolished.
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ARTICLE 2 - APPLICABILTY
NBC is authorized, created and established as a public corporation of the State of Rhode Island,
having a distinct legal and fiscal existence from State government, with powers as set forth in
Title 46, Chapters 25, 25.1 & 25.2, as amended, of the General Laws of the State of Rhode
Island for the purposes of acquiring, planning, constructing, extending, improving, operating and
maintaining publicly owned sewage treatment facilities in the District as specifically defined
therein. All users, whether directly or indirectly connected to the NBC's facilities, shall pay
sewer use fees. Such fees shall include, but not be limited to, residential and non-residential
consumption and fixed fees, pretreatment permit fees, connection permit fees, sewer back-up
removal fees, septic tank waste discharge fees, surcharges and other miscellaneous fees, charges
and assessments as may be approved in accordance with NBC’s governing legislation. All sewer
use fees shall be applicable throughout the entire District served by the NBC and shall be in
accordance with rates and fees approved by the Public Utilities Commission pursuant to Title 39,
Chapters 1 & 3, as amended, of the General Laws of the State of Rhode Island.
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ARTICLE 3 - DEFINITIONS
ACT or THE ACT shall refer to the Narragansett Bay Commission Act, Title 46, Chapters 25,
25.1 & 25.2, as amended.
AUTHORIZED EMPLOYEES or AGENTS OF THE COMMISSION shall mean a person
whom by reason of his or her general position, contract or job description with the NBC has
specific duties and responsibilities to perform on behalf of the NBC.
AUTHORIZED REPRESENTATIVE OF USER:
A. If the user is a corporation, authorized representative shall mean:
1) the president, a vice-president, secretary, or treasurer of the corporation in
charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation, or
2) the manager of one or more manufacturing, production or operation facilities
employing more than 250 persons or having gross annual sales or
expenditures exceeding $25 million, if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
B. If the user is a partnership, association, or sole proprietorship an authorized
representative shall mean a general partner or the proprietor.
C. If the user is representing federal, state or local governments, or an agent thereof, an
authorized representative shall mean a director or highest official appointed or
designated to oversee the operation and performance of the activities of the
government facility.
D. The individuals described in paragraphs A-C above may designate another authorized
representative if said authorization is submitted to the NBC in writing and specifies
the individual or position responsible for the overall operation of the facility from
which the discharge originates or having overall responsibility for environmental
matters of the company or governmental facility.
BIOCHEMICAL OXYGEN DEMAND (“BOD”) shall mean the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure for five (5)
consecutive days at 20 degrees centigrade expressed in terms of weight and concentration
(milligrams per liter (mg/l)).
BIOLOGICALS shall mean preparations made from living organisms and their products,
including vaccines, cultures, etc., intended for use in diagnosing, immunizing or treating humans
or animals or in research pertaining thereto.
BUILDING DRAIN shall mean that part of the lowest horizontal piping within a building that
carries water, wastewater or stormwater to a building sewer.
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BUILDING SEWER shall mean the extension from the building drain to the public sewer, or
other place of disposal. Also referred to as “house connection”.
CHEMICAL OXYGEN DEMAND (“COD”) is a measure of the amount of oxygen required
to oxidize organic and oxidizable inorganic compounds in water.
COLOR shall refer to the optical density at the visual wavelength of maximum absorption,
relative to distilled water, one hundred (100%) transmittance is equivalent to zero (0.0) optical
density.
COMBINED SEWER shall mean a sewer intended to receive and convey both wastewater and
surface runoff from storms.
DISCHARGE shall mean the introduction of water, wastewater and/or pollutants into the
NBC’s facilities from any source.
DISTRICT OR NARRAGANSETT BAY DISTRICT shall be defined by Title 46, Chapter
25, as amended, of the Rhode Island General Laws.
DIRECT CONNECTION shall mean the connection of a building sewer directly to a sewer
owned by the NBC.
EXECUTIVE DIRECTOR shall mean the Executive Director of the Narragansett Bay
Commission or his or her designee.
FACILITY OR FACILITIES (See WASTEWATER FACILITIES definition).
GARBAGE shall include, but not be limited to, the wastes resulting from the handling,
preparation, cooking and serving of food, and from the handling, storage, and sale of produce.
INDIRECT CONNECTION shall mean a building sewer connection that is not a direct
connection; and whose wastewater discharge shall, notwithstanding the passage in its normal
course through other sewers or conduits, ultimately discharge in whole or in part through NBC’s
sewers.
MAY is permissive.
MEDICAL WASTE means any solid waste that is generated in the diagnosis, treatment (e.g.,
provision of medical services), or immunization of human beings or animals, in research
pertaining thereto, or in the production or testing of biologicals.
MUNICIPALITY shall mean any city, town, state authority or sewer district that discharges
wastewater into the sewers owned by the NBC.
NARRAGANSETT BAY COMMISSION (“NBC”) for the purposes of these Rules and
Regulations shall be construed to mean the Narragansett Bay Commission in its capacity as a
public corporation or acting through its authorized employees and agents.
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OWNER or OPERATOR shall mean any person who owns, leases, operates, controls or
supervises a source.
PERSON shall mean any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, municipality, any local, state or Federal agency or
any other legal entity, or their legal representatives, agents or assigns.
pH shall mean the logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration
in moles per liter (m/l) of solution. Neutral wastewaters are numerically equal to 7, the number
increases to show increasing basicity and decreases to show acidity.
POLLUTANT shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, medical wastes, chemicals wastes, industrial wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt,
and agricultural and industrial waste which affect the characteristics of wastewater (i.e., pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, odor).
PRETREATMENT OR TREATMENT shall mean the reduction or elimination of pollutant
properties in wastewater or their alteration to a less harmful state thereby rendering them less
harmful to the facilities prior to or in lieu of discharging or introducing such pollutants into the
NBC’s facilities. The elimination, reduction or alteration can be accomplished by physical,
chemical or biological processes, process changes or by other means, except as prohibited by 40
CFR chapter 403.6(d).
PUBLIC UTILITIES COMMISSION (“PUC”) shall mean a quasi-judicial tribunal as defined
by the General Laws of Rhode Island, Title 39, Chapter 1, as amended.
SANITARY SEWER shall mean a sewer that is designed to carry liquid and water-carried
wastes from residences, commercial buildings, industrial plants and institutions together with
minor quantities of ground, storm and surface waters that are not discharged intentionally.
SEWAGE shall mean any combination of the liquid and water-carried wastes from residences,
commercial buildings, industrial plants, institutions and governmental facilities that are
discharged to the sewer.
SEPTAGE shall mean the liquid, solid and gaseous contents of a septic tank.
SEPTIC TANK shall mean an underground tank used for the disposal of wastes.
SEWER shall mean a pipe or conduit and other appurtenance provided to carry wastewater or
stormwater.
SEWER USE FEE shall mean a charge levied on users for the availability and/or use of the
wastewater treatment and collection system. Such fees shall include, but not be limited to,
residential and non-residential consumption and fixed fees, pretreatment permit fees, connection
permit fees, sewer back-up removal fees, septic tank waste discharge fees, surcharges and other
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miscellaneous fees, charges and assessments as set by the NBC and approved by the PUC
pursuant to Title 39, Chapters 1 & 3, as amended of the General Laws of Rhode Island.
SHALL is mandatory.
SLUDGE shall mean the solids, residues and precipitate separated from or created in wastewater
by the unit processes of a publicly owned treatment works or pretreatment systems.
SOURCE shall mean any building, structure, facility or installation from which there is or may
be the discharge of pollutants.
STORMWATER shall mean surface water and any other source of run-off. It is normally
collected in sewers separate from the sanitary sewers and receives minimal, if any, treatment
prior to discharge to receiving waters, except in the case of combined sewers, wherein it will
receive treatment at the NBC facilities.
SURFACE WATER shall mean stormwater or other wash water or drainage carrying any
pollutants that affect the characteristics of wastewater.
TOTAL SUSPENDED SOLIDS (“TSS”) shall mean (1) insoluble solids that either float on the
surface or, are suspended in water, wastewater or other liquids; (2) solid organic or inorganic
particles (colloidal, dispersed, coagulated, flocculated) physically held in suspension by agitation
or flow or; (3) the quantity of material removed from wastewater in a laboratory test, as
prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to
as nonfilterable residue.
TURBIDITY shall mean a condition in water or wastewater caused by the presence of
suspended matter, resulting in the scattering and absorption of light rays and determined by
measurement of light diffraction, usually reported in arbitrary turbidity units.
USER means any person, firm, corporation, government or other entity that discharges, causes
or permits the discharge of wastewater or stormwater into NBC’s facilities.
WASTEWATER shall mean all the spent water of a community. It may include, but not be
limited to, a combination of the liquid and water-carried wastes from residences, commercial
buildings, industrial plants, institutions and governmental facilities whether treated or untreated
together with any groundwater, surface water, and stormwater that may be present which are
contributing to the NBC’s facilities.
WASTEWATER FACILITIES (“FACILITIES”) as used herein, shall mean the structures,
equipment, and processes required for the collection, treatment and disposal of wastewater and
sewage sludge that are owned and operated by the NBC.
The Definitions in this Article 3 are limited only to these Customer Service’s Rules and
Regulations and not any other Rules and Regulations in existence or promulgated by the NBC in
the future.
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ARTICLE 4 - CONSUMPTION AND FIXED SEWER USE FEES
Consumption and fixed sewer use fees shall be assessed against the recorded owner of any
property directly or indirectly connected to the NBC’s facilities. This includes any property
having a sewer system that may be served by a combination of both the public sewers and a
private system (i.e., septic) where the sewer system is available to the structure by direct or
indirect connection. Said owner shall be and is hereby deemed to be in control of such direct or
indirect connection and is deemed to be a user, either actually or constructively, of the NBC’s
facilities
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ARTICLE 5 - RESIDENTIAL CONSUMPTION SEWER USE FEES
The following types of users shall be classified as “residential sewer users” and assessed a
consumption sewer user fee in accordance with rates set by the NBC and approved by the PUC
in accordance with Title 39, Chapters 1 & 3, as amended, of the General Laws of the State of
Rhode Island:
A. All structures containing six (6) residential dwelling units or less.
B. All residential condominiums regardless of the number of dwelling units per structure
and/or meter.
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ARTICLE 6 - NON-RESIDENTIAL CONSUMPTION SEWER USE FEES
All structures not classified as residential under Article 5 shall be classified as non-residential
users and assessed consumption fees in accordance with rates set by the NBC and approved by
the PUC in accordance with Title 39, Chapters 1 & 3, as amended, of the General Laws of the
State of Rhode Island. The non-residential structures are classified as follows:
A. Commercial - shall include any structure conducting a service business. This shall
include, but not be limited to:
1)
Residential structures with greater than six (6) dwelling units;
2)
Office buildings;
3)
Mixed-use structures (i.e. combined residential/non-residential). Any
residential structure containing a commercial use, such as a business or office,
shall be considered a mixed structure and will be billed at the commercial
rate;
4)
Halfway houses and/or boarding type facilities where unrelated persons rent
rooms;
5)
Hospitals;
6)
Laundromats;
7)
Dry cleaners;
8)
Restaurants;
9)
Colleges and schools;
10)
Hotels;
11)
Nursing homes;
12)
Retail and wholesale stores; or,
13)
Other – any non-industrial or non-residential structure.
B. Industrial - shall include any structure: (1) engaging in the manufacture, processing
or packaging of a product or component of a product or (2) the development,
recovery or processing of natural resources. This shall include, but not be limited to:
1)
Platers;
2)
Metal fabricators;
3)
Syrup, soup and wine canners or producers;
4)
Meat packing facilities; or,
5)
Mixed-use structures. Where an industrial use is combined with a commercial
use it shall be billed at the commercial rate, for
example where there is an office in a manufacturing plant.
The definitions of commercial and industrial as used herein are limited to the establishment of
non-residential consumption sewer user fees.
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ARTICLE 7 - FIXED FEE BASED SEWER USE FEES
Fixed fees shall be rendered to property owners in accordance with annual rates set by the NBC
and approved by the PUC in accordance with Title 39, Chapters 1 & 3, as amended, of the
General Laws of the State of Rhode Island:
A. Residential – Each dwelling unit of a structure shall be assessed a fixed fee per
annum in accordance with rates approved by the PUC, regardless of whether or not
each unit is occupied.
B. Residential Well Customers– Each dwelling unit of a structure shall be assessed a
fixed fee per annum in accordance with rates approved by the PUC.
C. Non-Residential – Each structure shall be assessed a fixed fee based upon the size of
each water meter(s) and/or output meter(s) in accordance with rates approved by the
PUC.
D. Vacant Property – Vacant property shall be subject to fixed fees as noted in items
A, B and C above until the NBC staff confirms that the water service has been
terminated or a dwelling unit is uninhabitable (deemed to have no plumbing
fixtures). It is the property owner’s duty to notify NBC that the property is vacant or
uninhabitable. Credit for non-usage, if any, shall be given from the date of NBC’s
inspection.
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ARTICLE 8 - CONSUMPTION BASED SEWER USE FEES
Consumption based fees shall be rendered to property owners as usage data is made available by
the public water supplier or any other metered water source in accordance with rates approved by
the PUC.
8.1 Basis for Consumption Fees
Consumption fees shall be based upon of the volume of water entering the structure from
a public water supply agency, private well, stormwater connection, steam facility or other
source. The consumption rate provides for an automatic 15% reduction in water usage as
consumed and not discharged to the NBC facilities. All water sources must be metered
except for residential private wells that are billed a fixed fee for consumption. Where a
property is not metered at the water source entering the structure, or where a property is
metered at the water source entering the structure but there is a discharge meter,
consumption fees shall be based upon the volume of metered wastewater discharged
directly or indirectly into the NBC’s facilities. The use fee rate for discharges from such
properties will not be adjusted by 15%. No meter shall be installed or used without the
approval of the NBC’s Executive Director or his/her designee.
8.2 Estimated Bills
NBC receives its meter reads from the various public water suppliers. When actual water
meter readings do not exist, accounts will receive an estimated bill based on previous
usage. Any variance due to estimated reads will be corrected when an actual read is
obtained. Estimated bills may result in a customer overpayment resulting in a credit or
NBC under billings resulting in a catch-up bill.
8.3 Back Bills
Although a customer is indirectly or directly connected to the NBC’s sewer system, there
may be instances where the NBC is not billing such property. In such instances, the
customer may be back billed for a three-year period for flat fees in effect for those
service periods and for consumption fees in effect for those service periods based on the
meter readings supplied by the public water supplier.
8.4 Surcharges
Surcharges shall be rendered to property owners in accordance with rates set by the NBC
and approved by the PUC in accordance with Title 39, Chapters 1 & 3, as amended, of
the General Laws of the State of Rhode Island.
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ARTICLE 9 - USE FEE ABATEMENTS
9.1 Abatement Policy
The NBC has established a use fee abatement program whereby a property owner may
apply for an adjustment to the water consumption used in the calculation of the
consumption charge if they believe that more than fifteen per cent (15%) of the source
water does not discharge into the sewer system. Abatements are granted for only that
percentage of water exceeding the 15% allowance and are effective from the approval
date forward (not retroactive to cover previous usage).
9.2 Abatement Application Procedure
The property owner is required to:
a)
Complete a Sewer Use Abatement Application form;
b)
Pay an application fee in accordance with rates approved by the PUC;
c)
Sign a Terms and Conditions Agreement with the understanding that violation
of said Terms and Condition Agreement will result in the suspension of the
abatement status;
d)
Reapply in order to reactivate such status if the abatement allowance is
suspended for any reason;
e)
Obtain NBC approval prior to any abatement installation;
f)
Pay for all costs associated with meter installation and maintenance;
g)
Supply the NBC personnel with annual or quarterly (as defined in the Terms
and Conditions Agreement) readings from all meters located on the property.
If said readings are not supplied to the NBC, the abatement status will be
suspended indefinitely; and,
h)
Provide meters that are reasonably accessible for inspection by NBC staff.
Sewer Use Fee Abatement Application forms and the associated Terms and Conditions
Agreement will be provided by NBC’s Customer Service upon request.
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ARTICLE 10 - LEAKS
Adjustments for leaks may be granted where it has been determined that a property was billed
for water that did not enter the sewer system during a specific time period. The customer shall
contact the NBC within thirty (30) days of discovery of the leak and provide documentation from
a licensed plumber supporting the occurrence and repair of the leak, along with a copy of the
paid repair receipt. Said repairs must be completed within fifteen (15) days of notification to the
NBC of said leak. The average usage for the property will be determined by meter readings
obtained during subsequent site visits conducted by NBC staff. This average will be compared to
the period in question, including seasonal considerations, to establish whether or not an
adjustment is warranted. Customers seeking an adjustment must stay current on payment of all
charges not in dispute.
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ARTICLE 11 - METER TESTING AND FAILURES
A meter tests 100% if after testing it conforms to the American Waterworks Association’s
standards or any meter testing standard approved by the PUC pursuant to R.I. Gen. Laws §39-3-
9, as amended. If a meter tests 100%, there shall be no adjustment to a customer’s bill except
where a bill has been estimated, in which case the bill will be adjusted on the meter read out.
11.1 Meter Repaired or Replaced
When a meter is removed for testing or repair and it does not test 100%, the bill shall be
issued based upon the average daily rate of water consumption or discharge as shown by
the meter for a ninety (90) day period after the meter has been returned to service and is
in proper working order or after the meter is replaced. Any dispute of an estimated bill
must be made within six (6) months of notification to the NBC that said failed meter has
been repaired or replaced.
If a meter has not been returned to service or replaced within thirty (30) days the bill
shall be issued based upon the average daily rate of water consumption or discharge for
the previous two (2) year period. Failure of a customer to replace or repair a meter shall
result in consumption bills based upon estimated readings until such time as the meter is
repaired or replaced.
11.2 Dead Meter or Meter Unable to be Read
If a meter fails to register any flow at all (i.e., dead meter), or if a meter is unable to be
read, and has been in this condition for more than ninety (90) days, the bill shall be
issued based upon one or more of the following factors:
1)
Estimated meter readings provided by the water supplier.
2)
Estimated consumption that is comparable for a property of the same
classification and occupancy.
3)
After replacement of the meter, the average daily consumption or discharge as
shown by the new meter for the ninety (90) day period following replacement,
plus seasonal considerations.
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ARTICLE 12 - PRETREATMENT FEES
The user shall be assessed pretreatment fees in accordance with rates set by the NBC and
approved by the PUC in accordance with Title 39, Chapters 1 & 3, as amended, of the General
Laws of the State of Rhode Island.
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ARTICLE 13 - SEWER CONNECTION FEES
The Customer shall be assessed sewer connection fees in accordance with rates set by the NBC
and approved by the PUC in accordance with Title 39, Chapters 1 & 3, as amended, of the
General Laws of the State of Rhode Island. Connection fees are payable at the time of
application for a connection permit.
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ARTICLE 14 - BACK-UP REMOVAL FEES
When NBC personnel clear a sewer blockage and where such blockage is determined to be a
private sewer, a sewer back-up removal fee as approved by the PUC pursuant to Title 39,
Chapters 1 & 3, as amended, of the General Laws of the State of Rhode Island shall be paid by
the customer.
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ARTICLE 15 - SEPTAGE FEES
Septage haulers shall establish a credit balance with NBC prior to arrival at the NBC’s
designated septage disposal facility and will pay the rates set by the NBC as approved by the
PUC pursuant to Title 39, Chapters 1 & 3, as amended of the General Laws of the State of Rhode
Island.
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ARTICLE 16 - OTHER SEWER USE FEES, INCLUDING MISCELLANEOUS FEES,
CHARGES, SURCHARGES AND ASSESSMENTS
Users shall pay any other sewer use fees, including miscellaneous fees, charges, surcharges and
assessments, not specifically mentioned in these Customer Service’s Rules and Regulations as
set by the NBC and approved by the PUC pursuant to Title 39, Chapters 1 & 3, as amended of
the General Laws of the State of Rhode Island.
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ARTICLE 17 - CLOSINGS
When a property that is either directly or indirectly connected to the NBC’s facilities is sold, the
NBC requires that a current water meter reading be provided to Customer Service at least two (2)
business days prior to the sale. The NBC will not make any adjustments to the consumption due
to the failure of the requesting party to provide accurate meter readings at the time of the closing
request. The NBC will not become involved in any disputes arising from inaccurate meter
readings or estimated consumption charges when readings are not provided and/or the meter is
malfunctioning. The new owner is responsible for all charges that remain unpaid after the
closing date.
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ARTICLE 18 - DISPUTES
18.1 Dispute Procedure
If a customer believes that a specific charge on the sewer bill is incorrect, he/she must
contact the NBC’s Customer Service via telephone or in writing to dispute the charge.
While a particular charge is in dispute, late charges will not accrue against the disputed
transaction and the NBC will not attempt to collect that specific amount. The customer is
required to pay the undisputed portion of the bill. The right to dispute a bill is personal to
the person assessed and it is not assignable or transferable.
18.2 Appeals
If a customer is unable to resolve the dispute with the NBC, he/she may refer the matter
to the PUC in accordance with the General Laws of Rhode Island, Title 39, Chapter 1, as
amended, by telephone or in writing for dispute resolution. While a dispute is under
consideration by a PUC Review Officer, the NBC will cease collection action to obtain
payment for the disputed charge(s).
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ARTICLE 19 - ADJUSTMENTS
Corrections to sewer user fees, whether debit or credit adjustments, shall be processed by the
NBC no more than three (3) years from the date of the original billing transaction. Adjustments
are corrections to inaccurate charges and are not restricted to any type of sewer use fee or use
classification and shall be issued without bias in accordance with the rates and fees approved by
the PUC. All corrections must be fully documented and are subject to NBC authorized approval
prior to processing.
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ARTICLE 20 - PAYMENT
20.1 Payment Terms
All sewer use fees shall be due and payable upon receipt, unless due earlier as provided
in these Customer Service’s Rules and Regulations or as approved by the PUC.
Customers may make payment via cash, personal check, bank check, credit card, money
order or by any other method approved by Customer Service. There will be a fee as
approved by the PUC applied directly to the customer’s account for returned checks.
Customers who wish to pay in person may do so at the NBC’s Customer Service Office
or they may pay in full at the financial institution listed on the back of the NBC bill.
Sewer use fees not paid within thirty (30) days after issuance of the bill shall be deemed
to be overdue and delinquent. All delinquent bills shall be subject to a late charge in
accordance with a rate approved by the PUC pursuant to General Laws of the State of
Rhode Island, Title 39, Chapters 1 & 3, as amended.
20.2 Payment Plans
If a customer is unable to pay the sewer bill by the due date, he/she may contact
Customer Service and request payment arrangements. The standard budget terms are fifty
percent (50%) to be paid immediately with the balance payable in thirty (30) days or in
two equal monthly installments. Current charges and late charges must be paid in
addition to the budget amount. Management may approve longer budget terms.
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ARTICLE 21 - SEWER USE FEE LIENS, WATER TERMINATION AND
COLLECTION ACTIONS
All overdue sewer use fees shall be a lien upon the real estate of said user. All such sewer use fees
not paid shall be subject to collection procedures in accordance with R.I. Gen. Laws §§ 46-25-22
and 22.1, as amended. Collection action may include, but is not limited to, termination of water
service and/or sale of property lien at public auction. The customer shall be responsible for any
court costs and any other collection fees or costs, plus attorneys’ fees incurred by the NBC in any
collection proceeding initiated in order to collect outstanding fees, charges and assessments
owed.
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ARTICLE 22 - MAINTENANCE AND REPAIR
Where a property utilizes a meter that is not provided by a public water supplier, the property
owner shall be responsible for all costs associated with the meter installation, calibration,
maintenance and repair.
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ARTICLE 23 - TITLING OF ACCOUNTS
All consumption accounts will be titled in the name of the recorded property owner. All
pretreatment accounts shall be in the name of the user.
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ARTICLE 24 - INTERPRETATION OF REQUIREMENTS
24.1 Construction
The provisions of these Customer Service’s Rules and Regulations with respect to the
meaning of technical terms and phrases shall be interpreted and administered by the
Executive Director.
24.2 Captions
Captions and headings are for reference only and shall not limit or otherwise affect the
meaning of the paragraphs thereunder.
24.3 Severability
If any provision of these Customer Service’s Rules and Regulations or the application
thereof to any person or circumstances is held invalid by a court of competent
jurisdiction, the remainder of the Customer Service’s Rules and Regulations shall not be
affected thereby. The invalidity of any section or sections or parts of any section or
sections shall not affect the validity of the remainder of these Customer Service Rules
and Regulations.
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ARTICLE 25 - AMENDMENT TO RULES AND REGULATIONS
The Customer Service’s Rules and Regulations set down herein may be amended, from time to
time, as may in the opinion of the NBC be necessary. Whenever the NBC shall amend any such
Customer Service’s Rules and Regulations, it shall do so and give any required notice of such
amendment in accordance with the procedures outlined in R.I. Gen. Laws §42-35-1 and §46-25-
1 et seq., as amended.
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ARTICLE 26 - ADOPTION
26.1 Effective Date
The Customer Service’s Rules and Regulations shall be in full force and effect from and
after their adoption and publication as required by law.
26.2 History
Article 13 – Sewer User Fees was adopted and approved by the Commission in August of
1987 and most recently amended and effective February 1, 1995. The Customer Service’s
Rules and Regulations, replacing Article 13-Sewer User Fees, were adopted and
approved by the Commission on February 12, 2004.