Rate Adjustment Requests
Document Code No.: FIN 8-1 (PR)
Department/Issuing Agency: Department of Public Works/Surface Water Management Division
Effective Date: May 9. 1993
Approved: /s/ Tim Hill
Type of Action: Supersedes: Summary Sheet FIN-8(PR) "Reguest for Rate Adjustments."
Signed Document (PDF, 464 KB)
This public rule was superseded by FIN-8-4 (PR) on March 3, 2004.
1.0 SUBJECT TITLE: Rate Adjustment Requests
2.0 PURPOSE:
2.1 To establish uniform procedures for requesting Surface Water Management Rate Adjustments.2.2 To establish uniform procedures for processing requests for Surface Water Management Rate Adjustments. 2.3 To implement King County Code 9.08.080.
3.0 ORGANIZATIONS AFFECTED:
Individuals or organizations receiving Surface Water Management service fee bills who believe their bill to be in error.
4.0 REFERENCES:
Customer Account Services Section, Surface Water Management Division, 400 Yesler Way, Suite 400, Seattle, Washington, 98104-2637; telephone: (206) 296-6519.4.1 Legal Basis: 4.1.1 Revised Code of Washington (RCW) 36.89.080; RCW 84.36.381; RCW 36.89.085; RCW 36.89.090; RCW 35.67.200 through 35.67.290; RCW 36.29.020.4.1.2 K.C.C. 9.08, Surface Water Management Program; 9.04, Surface Water Runoff Policy; Chapter 2.98, Rules of County Agencies. 4.1.3 King County Ordinances 8626 (1988); 7817 (1986); 7590 (1986); 10187 (1991).
5.0 DEFINITIONS:
5.1 "Division" means the Surface Water Management Division.5.2 "Director" means the Director of the King County Department of Public Works. 5.3 "Person" means any individual, firm, company, association, corporation, or governmental agency.
6.0 POLICIES:
6.1 Any person billed Surface Water Management service charges may request a rate adjustment from the Surface Water Management Division within two years of the date that the service charge was sent.6.2 The person submitting a request for rate adjustment has the burden of proving the rate adjustment should be granted. 6.3 The period for payment for a Surface Water Management service charge is not extended by filing a request for rate adjustment. 6.4 Decisions on requests for rate adjustments will be made in accordance with the criteria set forth in K.C.C. 9.08.080 and this Public Rule. In accordance with K.C.C. 9.08.080, a request for rate adjustment may be approved when one or more of the following conditions exist: 6.4.1 The parcel is owned and is the personal residence of a person or persons determined by the County Assessor as qualified for a low-income senior citizen property tax exemption authorized under RCW 84.36.381;6.4.2 The acreage of the parcel charged is in error; 6.4.3 The parcel is non-residential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the Division; 6.4.4 The parcel is non-residential and meets the definition of open space in K.C.C. 9.08; 6.4.5 The parcel is served by one or more retention/detention facilities required by K.C.C. 9.04, or can be demonstrated by the property owner to provide retention/detention of surface and storm water in compliance with the requirements of K.C.C. 9.04, and maintained at the expense of the parcel owner to the standards required by the Department of Public Works; 6.4.6 The parcel is owned or leased by a public school district which provides activities which directly benefit the Surface Water Management Program. The activities may include: curriculum specific to the issues and problems of surface and storm water management, and student activities in the community to expose students to the efforts required to restore, monitor, or enhance the surface and storm water management system. Pursuant to RCW 36.89.085, the amount of the rate adjustment shall be determined by the Director based upon the cost of the activities to the school district but not to exceed the value of the activity to the Surface Water Management Program. Determination of which activities qualify for the surface water management service charge reduction will be made by the Surface Water Management Division. Reductions in surface water management service charges will only be granted to school districts which provide programs that have been evaluated by the Surface Water Management Division. The rate adjustment for the school district activity may be applied to any parcel in the service area which is owned or operated by the school district; and/or 6.4.7 The service charge bill was otherwise not calculated in accordance with the terms of King County Code Chapter 9.08. 6.5 The Director shall notify each rate adjustment applicant of the decision regarding the request. This notification shall be in writing and mailed within thirty days of the SWM Division's receipt of the completed "Request for Rate Adjustment" form unless additional information is needed for completion of the review.
7.0 PROCEDURES:
7.1 LOW INCOME SENIOR CITIZEN: Action By: Rate Adjustment Requester Action: 7.1.1 Submits either a "Request for Rate Adjustment" form or a telephone call to the Division requesting exemption from the surface water management service charge because the parcel already has been designated as qualified for a low-income senior citizen owned property tax exemption. Action By: Division Action: 7.1.2 Determines if the parcel has been designated by the County Assessor as qualified for a low-income senior citizen property tax exemption under RCW 84.36.381. Exemptions from the surface water management service charge are granted based on information provided by the Senior Citizen Section of the Assessor's office.7.1.3 Cancels surface water management services charge if the property is low-income senior citizen exempt. Informs rate payers of status of the property and the surface water management bill.
7.2 OTHER RATE ADJUSTMENT REGUESTS: Action By: Rate Adjustment Requester Action: 7.2.1 Submits a "Rate Adjustment Request" form with "Qualifying Condition" section filled out to identify which of the seven qualifying conditions identified in King County Code 9.08.080 is the basis for the Rate Adjustment Request. Action By: Division Action: 7.2.2 Reviews Rate Adjustment Request and determines if any further documentation will be required from the requester. Documentation which may be required could include: (a) The latest copy of any land use approval document recorded in King County such as a plat or short plat map depicting the parcel's total acreage. The land use approval document must be accompanied by a letter from either a civil engineer or land surveyor, licensed in the State of Washington, indicating the parcel's total acreage and/or the parcel's impervious acreage. The letter must also bear the stamp of either the engineer or surveyor preparing the letter; and/or(b) A property survey depicting the parcel's total acreage with a legal dscription of the parcel. The property survey must be acompanied by a letter from a land surveyor, licensed in the State of Washington, indicating the parcel's total acreage. The letter must also bear the stamp of the surveyor preparing the letter; and/or (c) A deed transferring ownership interest in the property; and/or (d) A copy of the latest building permit site plan approved by King County depicting the parcel's total impervious surface acreage and a letter prepared by either a land surveyor or civil engineer, licensed in the State of Washington, indicating the parcel's total impervious acreage. The letter must bear the stamp of either the engineer or surveyor preparing the letter; and/or (e) A property survey depicting the parcel's total impervious acreage accompanied by a letter from a land surveyor, licensed in the State of Washington, indicating the parcel's total impervious acreage. The letter must bear the stamp of the surveyor preparing the letter; and/or (f) The latest approval letter from the Surface Water Management Division's Maintenance Section indicating that the applicant's parcel meets the condition outlined in Condition 6.4.5; and/or (g) A copy of the latest maintenance correction list from the Surface Water Management Division's Maintenance Section, signed by the parcel owner indicating that the conditions have been corrected, which was sent back to the Surface Water Management Division's Maintenance Section; and/or (h) A copy of the latest drainage plan, approved by King County, that demonstrates that the parcel is served by one or more retention/detention facilities. The drainage plan must be accompanied with a letter from a civil engineer, licensed in the State of Washington, indicating that the parcel is served by a retention/detention facility. The letter must bear the stamp of the engineer preparing the letter; and/or (i) A report from a civil engineer licensed in the State of Washington indicating that the parcel meets the requirements set forth in King County Code Chapter 9.04. The report must contain information necessary to satisfy the requirements set forth in King County Code Chapter 9.04.040 B. The report must also bear the stamp of the engineer preparing the report.
8.0 RESPONSIBILITIES:
8.1 The property owner (rate adjustment requester) is responsible for proving that the rate adjustment should be granted (King County Code 9.08.080.C).8.2 The property owner is responsible for paying the surface water management service charge by the date specified on the statement. Filing a Request for Rate Adjustment does not extend the period for payment (King County Code 9.08.060A). 8.3 The Division is responsible for reviewing each Request for Rate Adjustment and determining if the Request meets the rate adjustment conditions established in King County Code 9.08.080. 8.4 The Director is responsible for approving Requests for Rate Adustment.
9.0 APPENDICES:
This appendix is available from the Surface Water Management Division:9.1 Request for Rate Adjustment form.
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