If, in the opinion of the Director, the wastewater did not enter
the WRRF, then the City will abate the difference between the current
consumption value and the average of the last two years' consumption
for the same billing period. If the previous billing consumption values
are unrealistic or are suspect, then the Director shall substitute
representative consumption values.
If, in the opinion of the Director, the wastewater did enter
the collection system, then partial abatements may be given based
on the following criteria:
A. Billing errors. The City may issue a make-up bill for services that
the user received but that were previously unbilled.
(1)
If the make-up bill is for the service that was unbilled because
of an error made by the City or Water Company or a meter failure that
could not reasonably have been detected by either the City, the Water
Company or the user, then the City may bill or collect for services
that occurred for one year prior to the issuance of the make-up bill
for a period not to exceed one year from the issuance of the make-up
bill.
(2)
If the make-up bill is for service that was previously unbilled
because of unauthorized use or fraud by the user, then the City may
bill for service that occurred up to 10 years before the issuance
of the make-up bill.
(3)
In all cases where actual flow data is unavailable, the Director
shall estimate the water usage on historical usage, comparable facilities
or engineering estimates.
B. Leaking fixtures. If, in the opinion of the Director, water entered
the sewer system from a leaking fixture, then the Director can abate
50% of the consumption above the highest consumption value for the
billing period over the previous three years.
Abatement amount = (Disputed consumption - highest consumption)
X 50%
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C. If, in the opinion of the Director, water did not enter the sewer
system from a leaking fixture, then the Director can abate 100% of
the consumption above the highest consumption value for the billing
period over the previous three years.
Abatement amount = (Disputed consumption - highest consumption)
X 100%
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D. The abatement for leaking fixtures can occur only once every three
years.
E. Criminal activity. If a person, other than the owner of the property,
intentionally causes fixtures to discharge to the sewer system, then
the Director may abate a reasonable portion of the consumption, provided
that the owner:
(1)
Prosecutes the person committing the criminal activity.
(2)
Shows proof that a claim to the owner's insurance company
was filed and denied.