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consumption during the previous December through April period, or, <br />if no water consumption figures are available for at least three <br />full months during this period, the consumption of other similar <br />users for residential users} or actual monthly water consumption <br />for non-residential users}. <br />Section 3. Section 1.023 of the Eugene Code, 1911, is amended to pro- <br />vide: <br />7.D23 Charges - Adjustments. <br />~~ 1 } Any person~~~~ s~eeki ng a modi f i cati on to a charge imposed on that <br />person far sanitary sewer, storm sewer, or regianal wastewater treatment ser- <br />vice shall seek an informal resolution of the issue with the city. 1f no <br />agreement is reached, a sewer customer may apply to the city manager for a <br />reduction of the charge, and, if applicable, a credit for any excessive <br />charges paid during all or part of the 12 months preceding the application. <br />The application shall be an a farm provided by the city and shall be accom- <br />panied by the fee set by the city manager under section 2.D2o of this code. <br />The city manager or the manager's designee shall approve or deny the appli- <br />cation using the procedures and criteria set forth in this section. <br />€2} The monthly sanitary sewer 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 dis- <br />charged into the sanitary sewer system; or, <br />fib} An error has been made in determining the loading <br />strength of the customer's effluent for purposes of calculating <br />the applicable regional sanitary sewage treatment rate. Customer <br />proof must include reliable BOD and S5 test data from a qualified <br />wastewater testing laboratory and/or test samples by the city or <br />the regional sewerage agency. <br />~3} Storm sewer service charges for single family or duplex dwell- <br />ings may not be reduced. Any other storm sewer charge shall be reduced, and <br />the appropriate credit given, if the customer shows that mare than 5D% of the <br />customer's water meter size is required for an adequate water supply for fire <br />protection. In such a case, the meter size used for the storm sewer service <br />charge shall be the size needed for water supply far non-fire protection <br />needs. <br />~4} The city manager or the manager's designee shall conduct a <br />hearing on the application for reduction of a charge using the applicable <br />procedures set forth at sections 2.392 to 2.400 of this code. The determina- <br />tion on the application shall be in writing and shall be issued within 10 <br />days of the hearing. On the date of issuance, a copy of the decision shall <br />be mailed to the applicant, parties who have requested a copy, and, if a <br />reduction is ordered, to the Eugene Water & Electric Board staff. The deci- <br />sion of the city manager or the manager's designee shall be final. <br />Section 4. Section 1.o25 of the Eugene Code, 1971, is amended to pro- <br />vide: <br />Ordinance - 5 <br />