(a) If a nondomestic user requests review by the Genesee County Board of Review of usage charges for sewer service and/or the CCIF, which charges or CCIF are based on the application of REUs due to the absence of metering, the user shall, at its sole expense, be required to install a meter capable of reading and recording instantaneous (peak hour) flow of water on the water supply line to the building before consideration by the Board of Review. Upon installation of the water meter, the usage charges of the county for sewer service shall thereafter be determined as set forth in Section 1044.129.
(b) If a single-family detached dwelling user requests review by the Genesee County Board of Review of usage charges for sewer service based on use of the flat rate, the user shall, at the user’s sole expense, be required to install a water meter on the water supply line of the dwelling before consideration by the Board of Review of the user’s request for review. Upon installation of the water meter, the usage charges of the county for sewer service shall thereafter be determined as set forth in Section 1044.129.
(c) If, during the two-year period before metering, the county’s sewer use charges paid by a domestic or nondomestic user exceeded the county’s sewer use charges paid by that user following two years of metering, and the use of the premises at the time of metering was substantially the same as its use by that user before metering, the County Agency shall refund to that user the amount of the difference between what was paid by that user for the county’s charges for the two-year period before metering and what was paid by that user for the county’s charges after two years of metering provided, however, that the Board of Review has not previously finally adjusted the user’s sewer service charges.
(d) Conversely, if it is determined that the county’s sewer use charges paid by that user for the two-year period prior to metering were less than what was charged following two years of metering, the County Agency may retroactively adjust the usage charges of the county by adding the amount of the difference to the charges assessed the Local Unit for county sewer service. The Local Unit shall apportion the adjusted amount as equally as possible on future bills for sewer service to that user over a two-year period.
(e) Similarly, a nondomestic user requesting the Board of Review to grant a refund of a portion of the CCIF paid by the user, which CCIF was based on the application of REUs in accordance with Section 1044.130(a)(2), shall be entitled to a refund of a portion of the CCIF paid if, following two years of metering, the application of the formula stated above in Section 1044.130(a)(1) to the meter data collected shows that the user overpaid the CCIF. In that event, the User shall be refunded the difference between the CCIF paid by application of the REUs and the amount determined by the metering data collected. If the meter data discloses that the CCIF charged to that user was less than what would have been charged had the data been available, the County Agency may require that user to pay the amount of the underpayment.
(f) A challenge to the CCIF must be filed before the next regularly scheduled meeting of the Board of Review or the challenge shall be barred as untimely.
(Ord. 2009-02. Passed 5-11-09.)