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6.4Ifi Char es - Ad'ustments. <br />~1} Any person seeking a modification to a charge imposed an that <br />customer for stormwater, wastewater, or regional wastewater treatment service <br />shall seek an informal resol uti an of the issue with the city. If no agreement <br />is reached, the customer may apply to the city manager for a modification of the <br />charge, and, if applicable, a credit for any excessive charges paid during all <br />or part of the 12 months preceding the application. The application shall be an <br />a form provided by the city and shall be accompanied by the fee set by the city <br />manager under section 2,020 of this code. The city manager or the manager's <br />des ~ gnee sha11 approve or deny the application using the procedures and cri teri a <br />set forth in this section. <br />~Z} .The monthly wastewater service charge shall be reduced, and the <br />appropriate credit given, if the customer shows that: <br />~a} Actual water consumption exceeds the amount of water <br />discharged into the wastewater system; or, <br />~ b} An error has been made i n determining the 1 oad i ng <br />strength of the customer's effluent for purposes of calculating the <br />app1 ~ cabl a reg }oval wastewater treatment rate. Customer proof must <br />include rel ~ abl a BOD and SS test data from a qual i f i ed wastewater <br />testing 1 abvratory and/or test samples by the city ar the regional <br />sewerage agency. <br />~3} . Any stormwater service charge shall be reduced or e1 iminated, <br />and,the appropriate credit given, ~f the customer shows to the city engineer's <br />sate sfact~ on one or more of the fal 1 owi ng: <br />~ a} the amaunt of permanent reduct i an ~to the runaf f f ram the <br />property; <br />fib} the amaunt of stormwater being discharged directly from <br />the property into the Wi 11 amette or Mckenzie Rivers or other body of <br />water that does not drain directly or indirectly use the city <br />stormwater system; <br />~c} the calculation of the number of ESUs assigned to the <br />customer's property was in error; <br />~d} When the ,stormwater service charge has been surcharged <br />because of the qual ~ ty of the stormwater being discharged, the <br />amount of permanent i mprvvement i n the water quality for the <br />property due to mitigation measures implemented on the property to <br />treat the stormwater before i t i s discharged into the city <br />stormwater system. <br />~4} Except when the City Engineer determines that the impact of <br />further development upon the existing charges i s 1 ess than the cost of processing <br />a re-appl ~cat~on, any modification given under this section shall continue until <br />the property i s further developed ar unti 1 the city engineer determines the <br />property no longer qualifies for the modification given. Upon further <br />level apment of the property another application may be made by a person <br />responsible. If the city engineer determines the property no longer qualifies <br />for the modification, written notice of that determination shall be given to the <br />person responsi b1 e. The city ,engineer's determination, may be appealed as <br />prov ~ led ~ n sect ~ an 2 . o~ 1 of th ~ s code . A copy of the decision on appeal shal l <br />be mai 1 ed to the applicant, parties who have requested a cagy, and, i f a <br />reduct~an or e1~m~nat~on is ordered, to the billing agency. <br />Ordinance - 10 <br />