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account for process flow changes(e.g.,the flow was significantly increased by a change such as expanding the work day or increasing the rate of the process,but no building permit was issued). Community liability for SAC occurs when the Capacity Demand Review indicates that the discharge volume of a Permitted Industrial User exceeds the Assigned SAC Baseline for the property. SAC liability incurred as a result of a Capacity Demand Review may be paid by the Community at any time prior to permit renewal,but always at the SAC rate in effect at the time of payment. 5.3.1.4 Assigned SAC Baselines MCES Permitted Industrial Users shall have their Industrial Wastewater demand reviewed for SAC purposes every three or five years(depending on the type of Industrial Discharge Permit).Their Industrial Wastewater demand will be compared with their Assigned SAC Baseline. Any capacity utilized above their current Assigned SAC Baseline will incur a potential SAC liability for the Community in which the Permitted Industrial User is located.No Credits will be issued for the unused capacity below their Assigned SAC Baseline,but that capacity remains available to the Community for that Permitted Industrial User in the future for Capacity Demand reviews. 5.3.1.5 Transfer of Assigned SAC Baseline An Assigned SAC Baseline is set for a specific Industrial Discharge Permit and Permitted Industrial User. An Assigned SAC Baseline in continuous use under a MCES Industrial Discharge Permit will continue to provide capacity to the Community.However,the Assigned SAC Baseline is not transferable unless: i)the Industrial Discharge Permit is transferred to the new owner and ii)other conditions are met pursuant to 5.3.1.5.2. 5.3.1.5.1 Conditions Where Assigned SAC Baseline is Non-Transferable If the Industrial Discharge Permit is terminated due to any reason(e.g. a company closing;process changes or process discontinuation make the permit unnecessary; a sale or merger of the company) the Assigned SAC Baseline is lost. If the company inadvertently loses its Industrial Discharge Permit but stays in continuous operation,and the Community appeals,the Site may be granted the old Assigned SAC Baseline from the old permit if, in the discretion of the MCES Finance Director,the company and the Community has acted in Good Faith in the matter. If the Assigned SAC Baseline for a Site is lost,the Community liability for the new business may still have available Credits pursuant to Section 5.3.2. 5.3.1.5.2 Conditions Where Assigned SAC Baseline is Transferable If the business ownership of a Permitted Industrial User changes due to a sale,reorganization after bankruptcy, or merger and the Industrial Discharge Permit and the industrial process is maintained, the Assigned SAC Baseline may remain with the Industrial Discharge Permit.For the MCES Assigned SAC Baseline to transfer,the sale must be legally defined as the sale of the entire business. If the sale is assets only,where the new owner does not assume all liabilities of the prior business,the Assigned SAC Baseline is lost. If lost,any Credit for the New Use of the Site will be pursuant to Section 5.3.2. 5.3.1.6 Landfills Connected to MDS Landfills experience a shorter-term peak in wastewater flow as active cells generate Leachate followed by decreasing wastewater flow until the landfill is closed,permanently capped and Leachate generation stops.The time period from start-up to closure/capping can vary,but generally is less than 20 years. The peak period will typically last 3-5 years. Once a landfill is closed,the land is not suitable for redevelopment due to the unstable nature of the fill material. Page25