HomeMy Public PortalAbout12560O R D I N A N C E NO. 12560
AN ORDINANCE repealing and superseding Ordinance No. 9183 adopted
January 12, 1994, Ordinance No. 9030, adopted June 16, 1993, and Ordinance No. 8657,
adopted May 3, 1992, and enacting a new ordinance in lieu thereof which establishes a
schedule of Stormwater User Charges and authorizes an Adjustment Review Committee.
WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate,
Municipal Corporation and political subdivision of the State of Missouri (herein called
the "District"), was established as a metropolitan sewer district under the provisions of
Section 30 of Article VI of the Constitution of the State of Missouri, pursuant to a Plan
adopted by the voters of St. Louis City and St. Louis County at a special election held on
Tuesday, February 9, 1954 (the "Plan"); and
WHEREAS, the Plan established the District in the interest of the public health
and for the purpose of providing adequate sewer and drainage facilities within the
boundaries of the
District; and
WHEREAS, the Plan empowers the District with jurisdiction, control, possession
and supervision of sewer and drainage systems and facilities as may be placed under the
District's jurisdiction in the manner provided in the Plan; to maintain, operate, reconstruct
and improve the same as a comprehensive sewer and drainage system; to make additions,
betterments and extensions thereto; to protect the public health and welfare by preventing
or abating the pollution of water; and to have all the rights, privileges and jurisdiction
necessary or proper for carrying such powers into execution; and
WHEREAS, the stormwater system within the District consists of man made
facilities and structures and natural water courses used for collecting and conducting
stormwater to, through and from drainage areas to the points of final outlet including, but
not limited to, sewers, pipes, inlets, conduits and appurtenant features, canals, creeks,
channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons,
retention or detention basins, dams, flood walls, levies, and pumping stations (the
"Stormwater System"); and
WHEREAS, by Resolution No. 65 adopted by the Board of Trustees of the
District on May 21, 1956, the District accepted the maintenance and operation of the
portion of the Stormwater System theretofore operated and maintained by the
municipalities, sewer districts and other public agencies within the boundaries of the
District established under the original Plan (the "Original Area"); and
WHEREAS, a special election was held on May 10, 1977 pursuant to which
additional areas were annexed to the District (the "Annexed Area"); and
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WHEREAS, by Resolution No. 1494 adopted by the Board of Trustees of the
District on April 27, 1977, the District established a policy regarding the Stormwater
System in the Annexed Area which provided that the District would not assume
immediate control of the Stormwater System in the Annexed Area, but would provide
planning services and work with local municipal authorities and other organizations and
groups to coordinate stormwater and drainage programs where such services were
requested; and
WHEREAS, by Ordinance No. 7691 adopted by the Board of Trustees of the
District on February 22, 1989, the District established a policy effective April 1, 1989, to
regulate the construction, alteration and reconstruction of all stormwater and drainage
facilities within the District and undertake the operation and maintenance of those
portions of the Stormwater System accepted for dedication by the District within the
boundaries of the entire District to the extent of available funds for such purposes; and
WHEREAS, the District's Plan authorizes the Board to establish by ordinance
charges to be collected from all the real property served by the sewer facilities of the
District, whether public or private, such charges to be based upon any classifications or
sub-classifications which the Board may determine to be fair and reasonable, and to
prescribe the manner in which and time at which such charges are to be paid; and
WHEREAS, the District currently levies and collects an ad valorem property tax
at the rate of five cents per one hundred dollars of assessed valuation on all property
located in the Original Area for the purpose of operating and maintaining the Stormwater
System in such area (the "Existing Stormwater Tax"); and
WHEREAS, the District's ability to provide for "Basic Service" of the Stormwater
System has been greatly restricted due to the lack of adequate funds from the Existing
Stormwater Charge and the Existing Stormwater Tax for such purposes; and
WHEREAS, 85% of the stormwater complaints received by the District over the
last 10 years can be addressed by providing a fully funded "Basic Service" of the
Stormwater System; and
WHEREAS, the District desires to provide for improvements to the "Enhanced
Service" of the Stormwater System as part of a District-wide Stormwater User Charge;
and
WHEREAS, the District is subject to the provisions of the federal Water Pollution
Control Act, as amended (commonly referred to as the Federal Clean Water Act), 33
U.S.C. '1251, et seq. (the "Federal Clean Water Act"), and the regulations promulgated
thereunder; and
WHEREAS, there are continuing and growing threats to the public health, safety
and welfare of the District and its residents created by stormwater, including flooding,
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erosion, water pollution, creation of pest breeding areas, traffic hazards caused by
flooding, etc.; and
WHEREAS, the District has made a preliminary assessment of the needs for
Stormwater User in the District and has estimated the cost of providing such Stormwater
User , as reflected in a report entitled "Stormwater and Stormwater Rate Proposal,
February 27, 2007"; and
WHEREAS, owners or users of improved property within the District, whether
public or private, are served by and benefit from the Stormwater System in that the
manmade impervious surface on such improved property contributes to stormwater run
off which occurs from such property, beyond the amount which would occur if such
property were undeveloped and in its natural state; and
WHEREAS, the establishment of a Stormwater User Charge based on the area of
manmade impervious surface of property is an accepted rate methodology for Stormwater
User and such impervious charges have been imposed by numerous public stormwater
systems throughout the United States; and
WHEREAS, the Charter Change Elections held on November 7, 2000 included
the addition of a rate Commission to review proposed rates and changes, and
WHEREAS said Commission issued a report dated August 13, 2007 that
recommends the use of an impervious charge as being fair and equitable to raise funds for
both Basic and Enhanced Stormwater Service .
WHEREAS, the Board hereby finds and determines that the establishment of a
Stormwater User Charge, as herein provided, to be collected from owners or users of
improved property within the District, whether public or private, with the measure of
such Stormwater User to be determined by the contribution of such property to
stormwater runoff to the Stormwater System based on the area of manmade impervious
surface of such property, is fair and reasonable; and
WHEREAS, the Board further finds and determines that all owners and users of
improved property within the District, whether public or private, use the Stormwater
System and will be benefited by the District's delivery of Stormwater User and that the
measure of such use and benefit to be determined based on the square footage of
manmade impervious surface of such property, as herein provided, is fair and reasonable;
and
WHEREAS, the Stormwater User Charges bear a substantial relationship to and
are designed to cover the costs of providing Stormwater User , as herein provided and the
revenues to be derived from such Stormwater User Charges will be set aside in a
separate fund and used for the purposes of providing Stormwater User in the District, as
herein provided; and
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WHEREAS, in connection with the establishment of the Stormwater User
Charges as herein provided, the District intends to no longer levy and collect an ad
valorem property tax to be used for the purpose of providing "Basic Service" or
"Enhanced Service" to the Stormwater System; and
WHEREAS, the Board does hereby find and determine that the adoption of this
Ordinance is in the public interest of the District and its residents, will further the public
purposes of the District, and is desirable and necessary in furtherance of the public health,
safety and welfare of the District and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Definitions of Words and Terms. In addition to words and terms
defined elsewhere in this ordinance, the following words and terms as used in this
ordinance shall have the following meanings, unless some other meaning is plainly
intended.
"Area" means the square footage measurement of Property.
"Basic Service" means the planning and regulating of stormwater facilities
with the construction of new buildings, parking lots, and other areas
within its jurisdiction which contribute to the increased volume or
negative quality of stormwater runoff, and the operation, maintenance,
repair, and improvement of those parts of the Stormwater System as
described in Appendix I.
"Board" means the Board of Trustees of the District.
"Dedicated Stormwater Facilities" means those portions of the Stormwater
System which have been accepted for dedication by the District as
provided in Section Three of this Ordinance.
"District" means The Metropolitan St. Louis Sewer District.
"Enhanced Service" shall mean any stormwater related service not
described under "Basic Service".
"Impervious Surface" means those portions of Property which have been
altered from its natural state by the addition to or construction thereon of
any hard surfaced area which prevents or retards the entry of water into
the soil in the manner and to the extent that such water entered the soil
under natural conditions pre-existent to development, or which causes
water to run off the surface in greater quantities or at an increased rate of
flow than was present under natural conditions pre-existent to
development, including, but not limited to, rooftops, asphalt or concrete
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sidewalks, paving, driveways and parking lots, walkways, patio areas,
storage areas, and gravel, oiled macadam or other surfaces which similarly
affect the natural infiltration or runoff patterns of real property in its
natural state, subject to such exemptions as provided in Section Ten
hereof.
"Owner or Owners" means both the owner or owners of record of Property
as set forth in the records of the office of the respective Recorders of
Deeds for the City of St. Louis or for St. Louis County, Missouri.
"Person" means any individual, firm, proprietorship, partnership,
company, municipality, state, federal or local governmental entity,
association, society, corporation, group, or other entity.
"Property" means a lot or parcel of real estate, whether public or private,
which is Served by the Stormwater System.
"Runoff" means that part of rainfall which is not absorbed, transpired,
evaporated or left in surface depressions; and which then flows controlled
or uncontrolled into a Stormwater Facility, stream, channel or body of
water.
"Served" or "Service" means Property which contributes to Stormwater
Runoff which is drained through the Stormwater System as a result of the
addition to or construction upon such Property of Impervious Surface, and
the level or quantity of such service is reasonably and fairly measured by
the Area of Impervious Surface of such Property.
"Stormwater" means any water or drainage resulting from precipitation
which may or may not be mixed with an accumulation of dirt, soil, and
other debris or substances collected from the surfaces on which such
precipitation falls or flows.
"Stormwater Design Standards" means the most current published edition
of "Rules and Regulations and Engineering Design Requirements for
Sanitary Sewerage and Stormwater Drainage Facilities" and "Standard
Construction Specifications for Sewers and Drainage Facilities" as ratified
and approved from time to time by the Board.
"Stormwater Facility" or "Stormwater Facilities" means various drainage
works that may include sewers, pipes, inlets, conduits, manholes, energy
dissipation structures, channels, outlets, retention/detention basins, and
other structural components.
"Stormwater User” means all activities described under "Basic Service"
and "Enhanced Service".
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"Stormwater User Charges" means the charges imposed by the District
pursuant to this Ordinance.
"Stormwater System" means all man-made facilities, structures, and
natural Watercourses used for collecting and conducting Stormwater to,
through, and from drainage areas to the points of final outlet including, but
not limited to, any and all of the following: sewers, pipes, inlets, conduits
and appurtenant features, canals, creeks, channels, catch basins, ditches,
streams, rivers, gulches, gullies, flumes, culverts, siphons, retention or
detention basins, dams, floodwalls, levees, and pumping stations.
"Unimproved Real Estate" means real property unaltered by the
construction or addition to such Property by man of any Impervious
Surface of any kind which changes the hydrology of such property from
its natural state.
"User" means the occupant or Owner of Property, or any Person Served by
the Stormwater System.
Section Two. Establishment of Stormwater User Charges. There are hereby
ratified, confirmed and established Stormwater User Charges to be imposed on all
Property Served by the Stormwater System of the District, whether public or private,
based on the
square footage of Impervious Surface of such Property as herein provided.
Section Three. Dedication of Stormwater Facilities. The District will accept for
dedication all existing or newly constructed Stormwater Facilities as provided by this
Section. The Executive Director shall accept the dedication of an existing Stormwater
Facility to the District's Stormwater System, provided that the District's final inspection
report made prior to the acceptance of dedication confirms that such facility is located in
public rights-of-way or easements granted to and accepted by the District and which is
not encroached upon, is intended for public use, and meets the District's current policy on
Stormwater maintenance as provided in Section Four of this Ordinance.
Upon completion of construction of new Stormwater Facilities for which plans are
received, reviewed and approved by the District after April 1, 1989, the Stormwater
Facilities shall be dedicated to the District and the Executive Director shall accept the
dedication of such Stormwater Facilities to the District's Stormwater System, provided
that the facilities have been constructed in accordance with the approved plans, the
District's final inspection reports made prior to the acceptance of dedication confirm that
the facilities meet the Stormwater Design Standards, and the facilities meet the District’s
current policy on Stormwater maintenance as provided in Section Four of this Ordinance.
Section Four. Maintenance of Dedicated Stormwater Facilities. The District shall
maintain all Dedicated Stormwater Facilities pursuant to policies established from time to
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time by resolution of the Board to prioritize the use of monies for "Basic Service" from
Stormwater User Charges and other available funds to meet the greatest needs in
furtherance of the public health, safety and welfare and in compliance with the Federal
Clean Water Act. To the extent of available funds the District shall establish a program of
maintenance of Dedicated Stormwater Facilities in accordance with the District's then
current Stormwater Maintenance Policy. The Board hereby adopts the Stormwater
Maintenance Policy attached hereto as Appendix I.
Section Five. Private Stormwater Facilities. The Owner shall be responsible for
Stormwater Facilities located on private property where runoff will principally be
collected within that property and for all other Stormwater Facilities not maintained by
the District per Appendix I. The owner shall clean and maintain the facility or channel as
required to ensure proper operation as required by law or regulation. Where Dedicated
Stormwater Facilities are in easements, the Owner of the Property is responsible for
maintenance of such easements including lawn mowing, litter pick-up, pest control,
removal of blockages and encroachments, etc. The owner shall place no structures or
plantings that interfere with the Stormwater Facility or its operation and maintenance.
Section Six. Rules and Regulations. In order to accomplish the purpose of this
Ordinance to protect the Stormwater System of the District, to secure the best results
from the construction, operation, and maintenance thereof, and to prevent damage and
misuse of any of the Drainage Facilities, improvements, or properties within the District,
the Executive Director may make and enforce rules and regulations that are necessary
and reasonable:
(1) To prescribe the manner in which storm sewers, ditches, channels,
and other Stormwater Facilities are to be designed, installed,
adjusted, used, altered, maintained, replaced, or otherwise
changed.
(2) To prescribe the manner in which Stormwater Facilities are
operated.
(3) To facilitate the enforcement of this Ordinance.
(4) To protect the Stormwater System, and to prescribe the manner of
its use by any public or private person, firm, or corporation.
(5) To protect the public health, safety, and welfare.
Section Seven. Permits and Plan Review.
All plans and designs for all Stormwater Facilities within the boundaries of the District
shall be submitted for approval, revision or rejection by the District pursuant to the Plan,
applicable Ordinances and the District Stormwater Design Standards. Except as
preempted or otherwise delegated by EPA or MDNR, the District shall provide all
stormwater plan and design review, permit control and construction inspection.
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Section Eight. Stormwater User Charge Policy. Stormwater User Charges will be
imposed on all Property Served by the Stormwater System of the District, whether public
or private, based on the square footage of Impervious Surface of such Property.
Section Nine. Stormwater User Charges. Subsequent to March 1, 2008, the
District shall impose the following changes regarding Stormwater charges: See Appendix
II
Section Ten. Property Not Subject to Stormwater User Charges. The following
types of Property shall not be charged a Stormwater User Charge:
(1) Streets, roads, alleys, and right-of-way used for roadway purposes
serving more than one property, and adjoining sidewalks dedicated
or available for general public use;
(2) Federal, State, county and municipal highways and highway right-
of-way used for roadway purposes;
(3) Railroad and light rail tracks, roadbeds, yards and related rights-of-
way; and
(4) Airport runways and taxiways.
Section Eleven. Determination of Area of Impervious Surface. The District shall
determine the Area of Impervious Surface of each Property rounded to the nearest 100
square feet, by estimation, calculation and computation of the Impervious Surface using
aerial photography or photogrammetry. An Owner of Property who considers the
determination by the District of the Impervious Surface of such Owner's Property to be
inaccurate or erroneous may provide other evidence satisfactory to the District of the
Area of Impervious Surface of such Property. The District shall have the power to enter
on any Property for the purposes of determining the Area of Impervious Surface of such
Property and for the purpose of carrying out this Ordinance.
Section Twelve. Billing. All bills for Stormwater User Charges shall be prepared
by the District and shall be issued monthly for services provided in the preceding month.
The issuance of any monthly bill may be delayed by the District for good cause.
The Stormwater User Charges shall be billed to the owner of the property or to the Person
billed by the District for Stormwater User Charges for such property. Such Stormwater
User Charges shall also constitute a personal obligation of both the Owner and any User
of the Property regardless of to whom the bill for Stormwater User Charges is sent and
shall constitute a charge and a lien against the Property served.
For the District’s convenience, all Stormwater User Charges may be combined with any
other charges of the District, and all such charges may be billed together. In the event of
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a change in Owner or User of Property during a billing period, application may be made
to the Director of Finance of the District for a refund or prorating of Stormwater User
Charges for such billing period.
Section Thirteen. Charge for Late Payments. If any Stormwater User Charges
billed are not paid by the due date indicated on any bill rendered, then an additional late
payment charge equal to one and one-half percent (1-1/2%) per month or 18% per annum
of the amount of the bill rendered is hereby imposed for each month or portion thereof
the bill remains unpaid beyond the due date, until such time as a lien is recorded against
the Property Served pursuant to Section Fourteen hereof.
Section Fourteen. Stormwater User Charges Constitute a Lien. The Stormwater
User Charges shall constitute a lien upon the Property Served on the date a bill is
rendered for Stormwater Service, and said lien shall have the same priority as taxes
levied for state and county purposes. The District may cause a notice of lien for
non-payment of such charges to be filed in the Office of the Recorder of Deeds within
and for the City of St. Louis or St. Louis County, depending upon where such Property
Served is located. Such notice of lien shall state the amount of the delinquent Stormwater
User Charges, and shall adequately describe the Property against which such lien is
asserted. A copy of such notice of lien shall be mailed to the Owner of the Property at
the last address on file with the District and the filing of such notice in the Office of the
Recorder of Deeds may be deferred as a matter of grace for not more than thirty (30) days
from the mailing date. All Stormwater User Charges that remain unpaid shall bear
interest at a rate not to exceed the lower of eighteen percent (18%) per annum or the
maximum legal rate from the time a notice of lien is filed with the appropriate recorder of
deeds as herein prescribed, until such time as the account is closed.
After such notice of lien is filed of record, the fees of the Recorder for filing and
releasing said lien shall also be payable to the District as a prerequisite to releasing said
lien.
Section Fifteen. Termination of Service for Nonpayment. When any Stormwater
User Charge has not been paid and has been delinquent for a period in excess of three
months, the District is authorized to order the water supply to be shut off for the Property
for which the Stormwater User Charge is delinquent or to remove or close any sewer
connections, or both, until payment of the delinquent charge together with the reasonable
costs involved in shutting off and turning on the water, or closing and reopening the
sewer connection, as the case may be, have been paid.
When any Stormwater User Charge has not been paid and has been delinquent for more
than fifteen days after the due date, then the District may refuse to issue to the Owner
and/or User a permit to connect any other Property owned or controlled by said Owner
and/or User to the Wastewater System or Stormwater System; or may refuse to review
any plans submitted by or on behalf of such Owner and/or User; or issue any permits
requested by or on behalf of such Owner and/or User; or refuse to act on any easement
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vacation request by or on behalf of such Owner and/or User; or refuse to contract for any
purpose with or accept Wastewater or Stormwater from any such Owner and/or User.
Section Sixteen. Remedies. Whenever any charge is unpaid after ninety days from
the date the bill for such charges was rendered, then the amount overdue may be collected
by any or all of three procedures:
(a) by assignment to a collection agency; or
(b) by suit or other proceedings in any court of competent jurisdiction; or
(c) by enforcement of the lien provided herein.
The District shall have the power to sue any Owner and/or User, jointly and
severally, in a civil action to recover delinquent charges plus the late payment charge and
interest on the delinquent bill, plus all costs incurred by the District in connection with
the filing and enforcement of such lien and the prosecution and collection of such charges
including court costs, fees for transcript judgments, special process servers, credit reports,
video reports, sewer and/or water shutoff costs, other related fees, and reasonable
attorney's fees to be fixed by the court.
Section Seventeen. False Information. It shall be unlawful for any Person to
furnish any false report or information to the District which would tend to reduce
Stormwater User Charges imposed by the District.
Section Eighteen. Violation of Ordinance. Any Person violating any of the
provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine of not less than $50.00 nor more than $500.00, and
each day's violation shall constitute a separate offense. The imposition of such penalty
shall in no way restrict or deprive the District of its right to pursue any other remedy it
may have for the collection of any delinquent bill for Stormwater User Charges.
Section Nineteen. Stormwater User Charge Review. The Board shall regularly
review the Stormwater User needs of the District and Stormwater User Charges, usually
as part of a Rate Proposal from the Rate Commission, to assure the appropriateness of the
Stormwater User Charges.
Section Twenty. Notice of Rates and Impervious Area. All Owners of Property
Served by the Stormwater System shall be notified at the time of a rate increase as to:
(a) the rate schedule in effect; and
(b) the Impervious Area of such Owner's Property.
In addition, all Owners of Property Served by the Stormwater System shall be
notified of any change in the Impervious Area of such Owner's Property for purposes of
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calculating the Stormwater User Charges billed to such Property.
Section Twenty-One. Application of Revenues. All revenues billed and collected
from Stormwater User Charges shall be segregated, credited and deposited into a
Stormwater Revenue Fund to be established and maintained by the Director of Finance of
the District, and shall be used solely to pay for the costs of the operation (including
billing, administration and overhead), repair, maintenance, improvement, renewal,
replacement and reconstruction of the District's Stormwater System.
Section Twenty-Two. Appeals. Any Person who considers the Stormwater User
Charges billed to such Person pursuant to the provisions of this ordinance to be illegal,
inaccurate or erroneous, whether to the impervious area calculated or as to whether or not
a credit should be applied may request a review thereof by the Director of Finance or his
designate. The results of any appeal received prior to January 1, 2009 will apply to all
Stormwater User Charges collected to date. The results of any appeal received on or after
January 1, 2009 shall be applied starting on the date of receipt of the appeal by the
District. The determination by the Director of Finance may be appealed by such Person to
the Executive Director, by written notice of appeal filed with the Director of Finance
within thirty (30) days of his determination. The determination by the Executive Director
shall be considered a final order of the District.
Section Twenty-Three. Judicial Review. Any Person or Persons jointly or
severally aggrieved by any final order of the Executive Director of the District may seek
judicial review of such decision pursuant to the procedures set forth in Section 12.110 of
the District's Plan.
Section Twenty-Four. Adjustment Review Committee. A committee, to be
known as the Adjustment Review Committee (ARC), is hereby established and shall
meet, at minimum, once a month to conduct its business. The ARC shall be comprised of
the voting members which are the District's Director of Finance, Assistant Director of
Finance, the Secretary-Treasurer, and General Counsel. Non-voting members are the
Accounts Receivable Manager and Audit Administrator.
For purposes of Sections Twenty-Two and Twenty-Seven of this ordinance the
following terms as used in this Ordinance shall have the following meanings,
unless some other meaning is plainly intended.
Adjustment - any change in billing resulting from errors and/or
changes in circumstances.
Write-off - an uncollectible amount due the District according to State or
Federal Statute or as determined by majority approval of the
ARC.
Settlement - agreement between the customer and the District to alleviate all
or part of a delinquent condition.
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On a monthly basis, the ARC shall review and properly record in the minutes all prior
monthly billing adjustments as approved and presented by the Accounts Receivable
Manager. These billing adjustments may result from but are not limited to; misapplied
payment, miscalculation of impervious area, incorrect determination of
impervious/pervious area, transfer of balance due to bankruptcy notice, new occupant,
bank encoding error, or water back-up.
All write-offs or settlements of accounts shall require a majority of the ARC voting
members to meet and discuss before approval. No write-off or settlement in excess of
Five Thousand Dollars ($5,000.00) and less than Twenty-five Thousand Dollars
($25,000.00) shall be effective unless reviewed and approved by three (3) out of the four
(4) voting members of the ARC. Any write-off or settlement greater than Twenty-five
Thousand Dollars ($25,000.00) shall require Finance Committee approval or
ratification. The suspension of these rules may occur when a time constraint exists and a
decision must be made before the next scheduled meeting, or a situation exists from, but
not limited to; foreclosure, sheriff or county tax sale, Land Reutilization Authority, Land
Clearance for Redevelopment Authority, or discharged bankruptcy. In these instances,
no settlements or write-offs in excess of Five Thousand Dollars ($5,000.00) shall be
effective unless reviewed and approved by three (3) out of four (4) voting members of
the ARC on an individual basis or at a special meeting as requested by any of the ARC
members. All such instances will be reported at the next regularly scheduled meeting of
the ARC and recorded in the minutes.
ARC activity will be reported to the Board's Finance Committee on a monthly basis.
The committee shall perform any other such duties relating to billing and collection
policies. Such duties shall be reported to the Executive Director and Board of Trustees.
Section Twenty-Five. Severability. The Board hereby declares that if any section,
part, sentence or clause of this Ordinance is held invalid, such invalidity shall not affect
the remainder of this Ordinance, the Board hereby declaring that it would have enacted
the remainder of this Ordinance without regard to that part hereof that may be held
invalid.
Section Twenty-Six. Prior Ordinances. This Ordinance shall take the place of and
supersede the provisions of all prior ordinances relating to the same subject matter which
are herewith inconsistent. This Ordinance shall not be so construed as to relieve any
person from the payment of any fee or charge which is due and payable under the
provisions of any prior ordinance, nor to bar the collection of same by any and all of the
means provided for in said prior ordinance. This Ordinance shall not be so construed as to
relieve any person from any penalty heretofore incurred by the violation of any prior
ordinance nor to bar the prosecution of any such violation in the manner provided therein.
Section Twenty-Seven. Credit Policy.
Credits may be applied for, per the appeals process described in Section Twenty Two,
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under the following conditions:
(1) A property drains internally resulting in no stormwater runoff to
the Stormwater System. In this case, a 50% credit will be applied.
(2) A property drains directly to the Mississippi, Missouri, or
Meramec Rivers without the use of the Stormwater System. In this
case, a 50% credit will be applied.
(3) All or portions of the Stormwater System, as agreed to and at the
sole discretion of the District, are maintained by another entity
under agreement with the District. In this case, the credit will be
based on a calculation of the remaining Stormwater User being
provided by the District.
Section Twenty-Eight. Effective Date. The provisions of this ordinance shall be
effective from and after the date of its passage.
The foregoing Ordinance was adopted December 13, 2007.
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APPENDIX I
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
STATEMENT OF POLICY
FOR
MAINTENANCE OF STORMWATER SEWER SYSTEMS AND FACILITIES
The provisions for adequate drainage in the Metropolitan St. Louis area are necessary to
preserve and promote the general health, welfare, and economic well being of the region.
Stormwater drainage is a regional feature that affects all governmental jurisdictions and
all parcels of property. This characteristic of drainage makes it necessary to formulate a
program that includes public and private involvement both from the master planning of
new improvements and the costs associated with operation, maintenance, and
replacement of existing improvements.
The cost of operation, maintenance, and replacement of Stormwater System is directly
affected by the impervious area on each customer’s property. The user charge provides
the funds needed to provide planning, regulation of new construction, and the operation,
maintenance, and replacement of the stormwater system in accordance with the current
policy on Stormwater System Maintenance (Base Service). It also provides funding for
operation, maintenance, replacement, and improvement to those parts of the Stormwater
System not included in the current policy on Stormwater System Maintenance (Enhanced
Service).
Any stormwater sewer system or facility or part thereof located in a public right-of-way
or easement which is encroached upon will not be maintained, repaired, or replaced until
the encroachment is removed by the property owner at the property owner’s expense or
the property owner receives District approval of the encroachment.
The following summarizes the District's current policy on Stormwater System
Maintenance.
A. Unimproved Channels
The District will remove debris, trees, brush, and weeds that significantly obstruct
the flow in the channels. Priority will be given to blockages that are in evidence
and/or reported causing major flooding.
B. Improved Channels
The District will remove debris, trees, brush, silt, and weeds that significantly
obstruct the flow in the channel. The structural integrity of the channel bottoms
and sides shall be maintained.
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C. Storm Sewers (Enclosed Systems)
The District will clean and maintain all public storm sewers (enclosed systems)
that have been dedicated to and accepted by the District for operation and
maintenance.
D. Road Culverts and Bridges
The District will not maintain road culverts and/or bridges. This responsibility
belongs to the agency or individual that has jurisdiction over the roadway. The
District will maintain a road culvert which was installed by the District as an
integral part of the storm sewer system.
E. Driveway Culverts
The District will not maintain any driveway culverts.
F. Missouri State Highway Department
The District will not maintain any storm sewers located on State Highway right-
of-way, unless they are an integral part of an accepted storm system.
G. Road Inlets
The District does maintain road inlets on systems dedicated and accepted by the
District.
H. Trench Drains
The District does not maintain trench drains.
I. Roadside Ditches or Gutters
The District will not maintain roadside ditches or gutters. This responsibility
belongs to the agency or individual that has jurisdiction over the roadway.
J. Bars Over Inlets
The District does not allow bars, grating, screens, or any other obstructions to
flow to be placed in front of inlets or pipe openings.
K. Weeds
The District only cuts weeds on property owned by the District. The District does
not cut weeds on easements.
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L. Swales
Yard swales will not be maintained by the District.
M. Fences
The District will maintain fences along improved stormwater channels that were
installed in the concrete sides of the channel or installed by the District as an
integral part of an improvement.
N. Retention and Detention Basins
The District does not maintain retention or detention basins.
O. Sink Holes
The District shall not maintain sink holes, but will maintain the structures over the
sink hole if it is a public system.
In the event a dispute arises as to whether a particular stormwater sewer system or facility
or any part thereof should be maintained, repaired, or replaced by the District pursuant to
this policy, the decision of the Executive Director shall be final. Any person or persons
jointly or severally aggrieved by such decision may appeal such decision in the manner
provided for in Section 12.110 of the District's plan.
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APPENDIX II
STORMWATER USER CHARGES
March 1, 2008
Charge
ALL PROPERTIES WITHIN MSD BOUNDARIES:
(per month/per User Account)
Monthly Charge
(per 100 square feet impervious area)
$.12/100
square feet