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Due to the unique life-cycle of a landfill,an industrial Temporary Capacity Charge—which is not considered a form of SAC -is assessed by MCES to the Permitted Industrial User for which the connected landfill resides. Some landfills have a SAC Baseline and pay a Temporary Capacity Charge for just their discharge above this baseline.All connected landfills must be permitted by MCES. 5.3.2 SAC Credits—Industrial Properties 5.3.2.1 Credits in General All Credits, like the SAC itself,are between MCES and the Community,albeit based on Capacity Demand required by the specific Site or Campus.All Industrial Property Credit Determinations based on process flow are subject to the review and approval of MCES. Credit for the capacity previously used on a Site occurs only when a New Use is established on the Site or when permanent process changes reduce the capacity needed for the Site. Credits cannot be taken at the time of Demolition or when a business shuts down until a New Use occurs and is reported to MCES. 5.3.2.2 No Credit Determination No SAC Credit will be assigned for Industrial Properties or tenant spaces within properties: • that were not previously connected to a central sewer now connected to the MDS; • where a SAC was paid but rebated to the Community as part of the MCES Rebate Program; • where the building(s)are gone and no Demolition report was filed with MCES within the required time period(see Section 5.5.5); • that were not in the SAC program due to the Council's 2000-2003 Inclusionary Housing SAC Waiver Program,or had SAC waived for any other reason; • where SAC Credits were previously taken off the Site by the Community(i.e. Community- Wide Credits generated by this Site were used elsewhere by the Community); • for which a Temporary Capacity Charge was paid in lieu of SAC; or for any other reason • for which SAC should have paid but was not(except where the Non-Conforming Long Continuous Demand Credits apply). 5.3.2.3 Credit Criteria For Industrial Properties,where the above no-Credit conditions do not apply, Credit for prior wastewater demand is available and calculated using Commercial Credit Criteria(as stated in Section 5.2.2.1.) for buildings and measured flow for process flows.All Credit Determinations are subject to review and approval of MCES. 5.3.2.3.1 Permanent Process Changes A Permitted Industrial User making permanent changes that require less wastewater capacity for Industrial Wastewater may work with the Community, for the benefit of the Community,to claim a Net Credit from the Site(limited to where SAC was actually paid). The Community must request this type of a Credit. These type of Credits do not include the reduction of flow based on temporary conditions where the company could move or switch some valves or other changes that do not require building permits and quickly ramp up production again(e.g. if sales pick up). To qualify as a permanent process change, a specific Industrial process that results in the discharge of a known operating day volume of Industrial Wastewater into the MDS must be permanently terminated,and one of the following conditions must exist: Page I 26