§ 50.37  ENGINEERING STUDY TO DETERMINE CHARGE FOR COMMERCIAL USERS WHERE PORTION OF WATER NOT DISCHARGED INTO SEWER.
   (A)   The provisions of this section shall apply only to those commercial water users who have facilities connected to the sanitary sewers of the town and who make application to the General Manager under the provisions hereof.
   (B)   Any commercial water user owning or having control of property discharging waste into the sanitary sewers of the town and on whose property there is located one or more facilities requiring water (from the source of supply that also furnishes water to the sanitary disposal facilities) and all or part of such water provided to any such facility is not discharged into the sanitary sewers of the town, may make application to the General Manager requesting that an engineering study of the applicant's property and facilities be made for the hereinafter stated purpose and paying the fee herein provided.
   (C)   Application made under the provisions of this section shall be upon forms promulgated and furnished by the General Manager and the applicant shall furnish all the information and other matters requested therein. The fee for making the first application under the provisions hereof shall be $100 and, for each subsequent application, the fee shall be $50. No fee shall be required for studies initiated by the General Manager subsequent to the first application. The fee is to partially reimburse the town for the expense of making the engineering study and report. Each applicant shall agree, as a condition precedent to the General Manager conducting the study, and tests provided for herein, including those initiated by the General Manager, to indemnify and hold harmless the town of and from any and all such liability for any act or omissions by the town, its agents and employees, committed while conducting the engineering studies and tests provided for herein, causing or resulting in damages to the property or person of the applicant, his or her agents, employees and invitees.
   (D)   Upon receipt of an application and the fee required herein, the General Manager will, as soon as possible, make an engineering study of the applicant's property and facilities. In those instances where, in the opinion of the General Manager based upon an engineering study of the property and facilities of the applicant, it is impractical or unfeasible for the applicant to install one or more meters to measure the amount of water passing through the water meter serving such property and not being discharged into the sanitary sewers of the town, the General Manager is authorized to make an engineering study to determine the percentage of the amount of water passing through such meter that is being discharged into the sanitary sewers of the town. A report of such determination, showing the basis thereof, shall be certified to by the Town Council and one copy shall be retained by the General Manager. Such report, when so filed, shall constitute the basis upon which the sewer service charge established by this subchapter shall be computed.
   (E)   The General Manager is authorized, at his or her discretion or on written request from an applicant, to make such additional engineering studies from time to time of any such property and facilities to check the current accuracy of the filed report on any such property, and if it is then determined that the filed report's annual estimated effluent volume is now estimated to differ by more than 5%, a new report, based upon the latest studies, shall be filed with the Town Council to replace the prior one. A complete copy of each such report shall be retained by the General Manager. No change in the basis of computing the sewer service charge for any property will be made until the first billing date after the filing by the General Manager with the Town Council of the first or any subsequent report. Requests by an applicant for a restudy under the provisions hereof will not be accepted or acted on more often than once in every 12-month period (annually) subsequent to the filing of the first report on the applicant's property, except when a substantial or material change in a condition or operation of the applicant's property or facilities tenders the then current filed report and the charges based thereon no longer applicable to the applicant's property facilities.
   (F)   In the event it is necessary that certain testing instruments be installed or that existing equipment or facilities located on the applicant's property be altered, adjusted, disconnected or temporarily moved in order to facilitate the making of a engineering study or test under the provisions of this section, all of the foregoing shall be done by and at the expense of the applicant.
   (G)   When the General Manager has, as a result of an engineering study made under the provisions of this section, determined the percentage of metered water passing through the water meters serving a property that is being discharged into the sanitary sewers of the town, or when the amount of metered water passing through the water meter serving such property and which is not being discharged into the town's sanitary sewers is determined from a water meter installed to measure the amount of such water, billings by the town for sanitary sewer service to such property made prior to such determination shall be reviewed for the purpose of making whatever adjustment is necessary in order to charge such customer only for that amount of metered water that is or has been discharged into the town's sanitary sewers. No adjustment shall be made in excess of that determined to be proper from such engineering study or from the metering of water that is not discharged into the sanitary sewers of the town.
   (H)   Once the proper percentage of adjustment has been determined and certified to the Town Council under the provisions of this section, all subsequent adjustment of water usage for sanitary sewer service charge purposes shall be computed only on the certified basis of adjustment currently on file with the Town Council.
(Ord., passed 9-9-85)