Loading...
HomeMy Public PortalAbout12686O R D I N A N C E NO. 12686 AN ORDINANCE, repealing Ordinance No. 12356, as adopted December 14, 2006, and enacting a new ordinance in lieu thereof establishing a Low Income Assistance program providing for reduced Wastewater User Charges and Stormwater Service Charges to Eligible Low Income Customers of The Metropolitan St. Louis Sewer District. WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, a municipal corporation and a political subdivision of the State of Missouri (herein called the "District"), now owns and operates a revenue producing sewer and drainage system serving the District and its inhabitants (the "System") and pursuant to Section 3.020(1) of the Plan of the District adopted by the voters within the District for its government (the "Plan"), has the power "to maintain, operate, reconstruct, and improve the same as a comprehensive sewer and drainage system, and to make additions, betterments, and extensions thereto; to protect the public health and welfare by preventing or abating the pollution of water; and . . . [has] all the rights, privileges, and jurisdiction necessary or proper for carrying such powers into execution"; and WHEREAS, the District is subject to the provisions of the federal Water Pollution Control Act, as amended, 33 U.S.C.A. '' 1251 et seq., commonly referred to as the Clean Water Act, (the "Federal Clean Water Act"), and the Missouri Clean Water Law, '' 644.006 et seq. R.S.Mo. 1986, as amended (the "Missouri Clean Water Law") the objectives of which are to restore and maintain the chemical, physical, and biological integrity of the nation's waters; and WHEREAS, the Board is concerned with the impact of waste water User Charges and Storm water service charges on the low income customers of the District; and WHEREAS, the Federal Clean Water Act authorizes the District to establish a system of user charges which imposes a lower charge on low-income residential customers and the Board is desirous of establishing reduced user charges for qualified low income residential customers as herein provided Section One. Definitions. 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: "Customer" means the Owner of Single-Unit Residential Property, in whose name the bill for Wastewater User Charges and Stormwater Service Charges for such Residential Property is issued by MSD. "Eligible Low Income Customers" means an eligible low income customer as defined in Section Three of this Ordinance. "Low Income Assistance Credit" means the credit for Wastewater User Charges and Stormwater Service Charges provided by Section Two of this Ordinance. "Single-Unit Residential Property" means Property used only for human residency which consists of a single dwelling unit occupied as a primary residence by a single person or single family. "Stormwater Service Charges" means charges established by District Ordinance for use of the District’s stormwater System. "Wastewater User Charges" means the Wastewater User Charges established by District Ordinance for use of its wastewater System. Section Two. Low Income Assistance Credit. A Low Income Assistance Credit is available to Eligible Low Income Customers of the District who are billed for and pay Wastewater User Charges and/or are billed for and pay Stormwater Service Charges as provided in this Ordinance. The amount of such Low Income Assistance Credit will be fifty percent (50%) of the Wastewater User Charges and/or Stormwater Service Charges billed to such Customer for the applicable billing period. Such Low Income Assistance Credit shall take effect in the next designated billing period following the determination by the District that such Customer is an Eligible Low Income Customer as provided in this Ordinance. Section Three. Eligible Low Income Customer. An Eligible Low Income Customer must satisfy each of the following criteria: (1) The Customer of the District must own and occupy as a primary residence a Single-Unit Residential Property in the District and receive a bill in his/her name or that of his/her spouse for Wastewater User Charges and/or Stormwater Service Charges from the District for service to such Residential Property; and (2) The Customer must have total annual income for the previous year of less than a percentage of the most recent Health and Human Services (HHS) poverty guidelines by size of household as established by District policy not to fall below a minimum guideline of 125%; and (3) The Customer’s liquid assets and real estate must be less than $3,000, excluding house of residence, for customers who are not elderly or disabled as established by District policy. Section Four. Application Procedure. Any Customer seeking inclusion in the District’s Low Income Assistance Program must complete and sign an application and return such application along with all required supporting documentation to the District’s Director of Finance. Such application shall be made on forms provided by the District’s Director of Finance. A Customer approved by the District as an Eligible Low Income Customer shall receive a Low Income Assistance Credit on bills for Wastewater User Charges and/or Stormwater Service Charges for service to Residential Property issued to such Customer. Such Low Income Assistance Credit shall take effect in the next designated billing period following the date of approval by the District. Eligible Low Income Customers shall continue to receive such Low Income Assistance Credit for a period of one year from the date of approval. In order to maintain eligibility an Eligible Low Income Customer must complete a new application and provide all required documentation therewith If upon application renewal to the Low Income Assistance Program, the District’s Director of Finance determines the Eligible Low Income Customer has not satisfied all the criteria specified in Section 3 of this Ordinance or has failed to provide any required documentation, such Customer shall be removed from the Low Income Assistance Program. Section Five. Appeals. Any Customer who considers the determination by the District as to such Customer's failure to satisfy the criteria for an Eligible Low Income Customer pursuant to the provisions of this Ordinance to be inaccurate or erroneous, may request a review thereof by the District’s Director of Finance or his designate within thirty (30) days of receipt of written notification to such Customer of such determination. The determination by the District’s Director of Finance may be appealed by such person to the District’s Executive Director, by written notice of appeal filed with the District’s Director of Finance within thirty (30) days of his determination. The determination by the District’s Executive Director shall be considered a final order of the District. Section Six. 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 Eight. Effective Date. The Ordinance shall become effective August 1, 2008. The foregoing Ordinance was adopted July 10, 2008.