§ 486:5 — Equitable Allocation of Costs

Notwithstanding any other provision of this chapter, the department shall not approve any contribution under RSA 486:1 unless it shall first have determined that the applicant:
I. Has adopted or will adopt a system of charges to assure that each recipient of waste treatment services within the applicant's jurisdiction, as determined by the department, will pay his proportionate share of the costs of operation and maintenance (including replacement) of waste treatment services provided by the applicant.
II. Has made provision for the payment to such applicant by the industrial users of the treatment works, of that portion of the cost of construction of such treatment works (as determined by the department) which is allocable to the treatment of such industrial wastes to the extent attributable to the federal share of the cost of construction.
III. Has legal, institutional, managerial, and financial capability to insure adequate construction, operation, and maintenance of treatment works throughout the applicant's jurisdiction.

Legislative History

1989, 339:1. 1996, 228:106, eff. July 1, 1996.