(a) By Director. In this subtitle, whenever a charge is set based on equivalent dwelling units, the property owner shall provide all information required by the Director and the Director shall reasonably determine, based on that information and any other information that the Director deems appropriate, the number of equivalent dwelling units for a property based on peak daily usage. If the Director determines within a three-year period after the initial determination that the property owner provided materially inaccurate information, the Director shall re-determine the number of equivalent dwelling units and the property owner shall be liable for the difference in any charge that is set based on equivalent dwelling units.
(b) By agreement.
(1) In this section, "peaked average daily usage" means a number of gallons of water that is the product of the average daily water usage by a property owner during the highest actual usage billing cycle within a defined period times the peaking factor of 1.4.
(2) If the Director finds that new technology or other unique circumstances may significantly affect the determined peak daily usage, the Director may enter into an agreement with the property owner to recalculate the number of equivalent dwelling units based on peaked average daily usage over a period of time determined by the Director. The agreement must be executed no later than three months after payment of the determined capital facility connection charges. The agreement shall provide for refund of charges by the County if peaked average daily usage is less than 80% of determined peak daily usage and for payment of additional charges by the property owner if peaked average daily usage is more than 120% of determined peak daily usage based on the recalculation. The agreement shall include terms and conditions as determined by the Director to protect the County's interest in receiving payment of all additional charges and to bind as necessary the property owner and any successor in interest. If there is a change in use of the property during the time when the recalculation is being made, the agreement shall be null and void.
(1985 Code, Art. 6, § 5-201.1) (Bill No. 80-03; Bill. No. 8-06; Bill No. 62-11)