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(1) Any person seeking a modification to a charge imposed on that customer for stormwater, wastewater, or regional wastewater treatment service shall seek an informal resolution of the issue with the city. If no agreement is reached, the customer may apply to the city manager for a modification of the charge, and, if applicable, a credit for any excessive charges paid during all or part of the 12 months preceding the application. The application shall be on a form provided by the city and shall be accompanied by the fee set by the city manager under section 2.020 of this code. The city manager or the manager’s designee shall approve or deny the application using the procedures and criteria set forth in this section.

(2) The monthly wastewater service charge shall be reduced, and the appropriate credit given, if the customer shows that:

(a) Actual water consumption exceeds the amount of water discharged into the wastewater system; or,

(b) An error has been made in determining the loading strength of the customer’s effluent for purposes of calculating the applicable regional wastewater treatment rate. Customer proof must include reliable BOD and SS test data from a qualified wastewater testing laboratory and/or test samples by the city or the regional sewerage agency.

(3) Any stormwater service charge shall be reduced or eliminated, and the appropriate credit given, if the customer shows to the city engineer’s satisfaction one or more of the following:

(a) the amount of permanent reduction to the runoff from the property;

(b) the amount of stormwater being discharged directly from the property into the Willamette or McKenzie Rivers or other body of water that does not drain directly or indirectly use the city stormwater system;

(c) the calculation of the number of ESUs assigned to the customer’s property was in error;

(d) When the stormwater service charge has been surcharged because of the quality of the stormwater being discharged, the amount of permanent improvement in the water quality for the property due to mitigation measures implemented on the property to treat the stormwater before it is discharged into the city stormwater system.

(4) Except when the City Engineer determines that the impact of further development upon the existing charges is less than the cost of processing a re-application, any modification given under this section shall continue until the property is further developed or until the city engineer determines the property no longer qualifies for the modification given. Upon further development of the property another application may be made by a person responsible. If the city engineer determines the property no longer qualifies for the modification, written notice of that determination shall be given to the person responsible. The city engineer’s determination, may be appealed as provided in section 2.021 of this code. A copy of the decision on appeal shall be mailed to the applicant, parties who have requested a copy, and, if a reduction or elimination is ordered, to the billing agency.

(Section 6.416, formerly Section 7.023 added by Ordinance No. 18708, enacted September 22, 1980; amended by ordinance No. 19096, enacted February 19, 1983; Ordinance No. 19342, enacted July 17, 1985, effective August 17, 1985; Ordinance No. 19613, enacted May 24, 1989; and renumbered by Ordinance No. 19939, enacted November 17, 1993, effective December 17, 1993.)