Appealing a reclaimed water requirement

A. Any consumer required to use reclaimed water may request, in writing to the director, an exemption from the requirement of this chapter if the use of reclaimed water will place an unreasonable economic burden on the consumer. The consumer shall file an appeal within thirty days of being notified to connect to the reclaimed water system. For purposes of this section, in determining if the use of reclaimed water will place an unreasonable economic burden on the consumer, the director may consider factors such as the consumer's gross revenue, adjusted gross income or average operating profit (less allocated general administrative cost and interest) for the preceding five years, compared to the cost to retrofit, as defined in section 20.30.030 , or the consumer's cost to operate, maintain, and monitor its existing irrigation system, compared to the consumer's cost (including rates) to operate, maintain, and monitor after retrofit. B. The director may also exempt consumers required to connect if there exists a special or unique geographical or physical condition which would prevent connection to reclaimed water facilities. C. Any consumer may appeal the decision of the director to the board of variances and appeals pursuant to the appeal procedures set forth in chapter 19.520 of this code. (Ord. 2525 § 1 (part), 1996)