§ 15.44.050. Waters diverted from public sewerage system—Measurement—Reduction in charges.

A.

In the event that it is established to the satisfaction of the department that all or a portion of the water consumed does not and cannot enter the public sanitary sewerage system, then such water not reaching the system shall be excluded from the computation of the charge for sewerage service. In such event, the department may require or shall permit the installation of additional meters at the customer's or interested party's expense in such a manner as to measure either the quantity of water actually excluded from the public sanitary sewerage system or the actual quantity of water discharged thereto. Meters shall be of a type suitable for the service which they are to perform, shall meet with the approval of the department, and shall be installed and maintained in a manner satisfactory to the department. In the event that it is desired to meter the water excluded or diverted from the public sanitary sewerage system, then all outlets for such water shall be consolidated and measured by one single meter. In the event that it is desired to meter the actual flow to the sewer, the meter shall be installed in a suitable manner. All such meters or measuring devices shall be under the control of the department, and may be tested, inspected or repaired by the department whenever the department deems it necessary. All repairs thereto shall be made at the expense of the person owning the meter.

B.

In the event that the department finds it is not practical to measure either the actual sewage and industrial waste flow or the flow of diverted water for commercial and industrial customers, it may, at its discretion, approve some other manner of computing or estimating the amount of water diverted from or discharged to the public sanitary sewerage system. Effective July 1, 2007, the department shall implement a method for computing or estimating the amount of water diverted from the public sanitary sewerage system by residential customers based upon an average of the customer's monthly usage during the months of January, February and March. Such residential customers shall not be billed for sewerage service for the estimated amount of water diverted from the sanitary sewerage system. Notwithstanding the provisions of subsection A. of this section to the contrary, no residential customer shall be required to install an additional meter or meters for the purpose of determining the amount of water diverted from the public sanitary sewerage system in order to be eligible for a billing adjustment pursuant to this subsection.

C.

Also, in the event that the department finds it is not practical to make an actual measurement of the waste discharge from the premises of the customer into the public sanitary sewerage system, the department may, at its discretion, accept as the volume of waste discharged from the premises as shown by water meters of the department or water meters approved by the department through which meter water is sold or used by the customer.

D.

Customers, other than those residential customers eligible for a billing adjustment pursuant to subsection B. of this section, requesting consideration for a reduction in sewerage service charges because of water excluded from the public sanitary sewerage system shall make written application to the department for such consideration, giving their name, address, account number and supporting data fully describing all sources of water, as well as the disposition of water alleged not to be entering the public sanitary sewerage system. The application shall be accompanied by a sketch to approximate scale showing the plan of the property, water distribution system, sewer layout, existing meters and proposed meters and the scheme proposed for determining the quantity of water entering the public sanitary sewerage system.

E.

Green roofs.

(a)

For purposes of this section, "green roof" shall mean a building roof covering placed over a minimum of fifty percent of the building's rooftop space and having at least the following components, compliant with applicable building codes and the Metropolitan Stormwater Management Manual:

1.

A waterproof membrane layer;

2.

A drainage layer designed such that roof drains can be inspected and cleaned;

3.

A growth medium at least four inches in depth;

4.

A vegetation layer, at least eighty percent of which must consist of live, hardy, drought-resistant plants.

(b)

Privately-owned properties located entirely within the combined sewer area of the metropolitan government on which a properly functioning green roof is installed after the effective date of this subsection [September 7, 2012] shall be entitled to a credit against the monthly sewer charges otherwise owing under this chapter. The amount of the credit shall be the product of ten dollars and the number of square feet of area covered by live vegetation comprising the green roof, subject to the limitation set forth in subsection (d). A portion of the credit equal to the sewer charge otherwise owed for the property on which the green roof is located shall be applied each month until the full credit has been applied or sixty months shall have elapsed, whichever first occurs. The director may revoke the eligibility of a property to receive a credit if the green roof for which the credit has been recognized fails to remain in compliance with this subsection. No property shall be eligible for the credit contemplated by this subsection until the director or his designee has confirmed that the green roof for which the credit is sought has been constructed in accordance with this subsection. The property owner of a green roof receiving credit under this subsection shall annually submit documentation that the green roof remains eligible for such credit. The director or his designee shall be given reasonable access to a green roof on any property receiving or seeking a credit under this subsection for the purpose of verifying eligibility for the credit.

(c)

No green roof shall be entitled to a credit under this section unless plans for the green roof shall have been prepared and stamped by a licensed professional and submitted to and approved by the director or his designee prior to construction. Structural considerations shall remain the responsibility of the applicant. During the initial planning phases, a project may apply to the metropolitan water services department for a preliminary approval that will include an assessment of the project's eligibility and an analysis of available funding. This preliminary approval will expire in six months if the aforementioned stamped plans are not submitted for approval.

(d)

The total of all credits made available to all properties under this subsection shall not exceed five hundred thousand dollars annually. Properties seeking eligibility for the full credit shall be given priority based on the order in which they apply. A partial credit may be given to a property if the annual limitation has not been reached, but giving the full credit to that property would cause it to be exceeded. A property given a partial credit shall have priority for the full credit for the remaining portion of that property's 60-month term of eligibility if one or more properties previously receiving the full credit become ineligible for the credit for any reason.

(Amdt. 1 to Ord. BL2012-218 § 1, 2012; Ord. BL2012-218 § 1, 2012; Ord. BL2006-1186 § 1, 2006; prior code § 40-1-160)