HomeMy Public PortalAbout10177
O R D I N A N C E NO. 10177
AN ORDINANCE, repealing Ordinance No. 9029, adopted June 16,
1993, as amended by Ordinance No. 9222, adopted May 11, 1994, and
Ordinance No. 9376, adopted November 9, 1994, and enacting in lieu
thereof a new ordinance providing a revised schedule of Wastewater
User Charges as herein provided.
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. '' 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 District has obtained construction grants (the
"Grants") from the Missouri Department of Natural Resources
("MDNR") and the Environmental Protection Agency ("EPA") for
improvements to the System and has entered into grant agreements
with such governmental agencies as a condition to obtaining such
Grants (the "Grant Agreements"); and
WHEREAS, the District has heretofore entered into Consent
Decrees (the "Consent Decrees") with the State of Missouri and the
United States of America obligating the District to undertake a
program consisting of the modification of certain wastewater
facilities within the District to achieve and maintain compliance
with the Federal Clean Water Act, the Missouri Clean Water Law and
the District's National Pollutant Discharge Elimination System
Permits issued by the State of Missouri; and
WHEREAS, the federal regulations promulgated pursuant to the
Federal Clean Water Act and the District's Grant Agreements require
the District to "review not less often than every two years the
2
wastewater contribution of users and user classes, the total cost
of operation and maintenance of the treatment works, and its
approved user charge system . . . and to revise the charges for
users or user classes to accomplish the following: (1) Maintain the
proportionate distribution of operation and maintenance costs among
users and user classes as required herein; (2) generate sufficient
revenue to pay the total operation and maintenance costs necessary
to the proper operation and maintenance (including replacement) of
the treatment works . . ."; and
WHEREAS, Section 3.020 (16) of the Plan of the District
authorizes the Board of Trustees "[t]o establish by ordinance a
schedule or schedules of rates, rentals, and other charges, to be
collected from all the real property served by the sewer facilities
of the District, whether public or private, and to prescribe the
manner in which and time at which such rates, rentals, and charges
are to be paid, and to change such schedule or schedules from time
to time as the Board may deem necessary, proper, or advisable, and
to collect or enforce collection of all such charges. Such
schedule or schedules may be based upon any classifications or
sub-classifications which the Board may determine to be fair and
reasonable . . . including but not limited to: (a) the consumption
of water on premises connected with such facilities, taking into
consideration commercial, industrial, and agricultural use of
water; (b) the number and kind of plumbing fixtures connected with
such facilities; (c) the number of persons served by such
facilities; or (d) any combination of the factors enumerated. Any
such rates, rentals, or other charges against public property shall
be paid out of the general treasury of the public body, agency,
corporation, or authority owning such property."; and
WHEREAS, the Board caused a rate study to be prepared entitled
"Report on Alternative Rate Structures for the Metropolitan
St. Louis Sewer District, Fiscal Year 1994" (the "Rate Study")
which established a new method for determining and billing of
charges for use of the wastewater facilities of the District
(collectively the "Wastewater System"), which based such charges on
metering of water usage by metered properties, and for residential
properties not served by water meters, on the number of rooms and
the number and kind of plumbing fixtures in and upon such
residential properties and other criteria as herein provided; and
WHEREAS, the Board has updated the Rate Study in the "Summary
Report on User Charge Development for The Metropolitan St. Louis
Sewer District, Fiscal Years 1998 and 1999" (the "Amended Rate
Study"); and
WHEREAS, the Board of Trustees (the "Board") has determined
3
that it is appropriate to revise the schedule of Wastewater User
Charges as provided in this Ordinance to provide for the
determination and billing of such user charges as set forth in the
paragraph next preceding; and
WHEREAS, the Amended Rate Study recommends the collection of
increased Wastewater User Charges as provided in this Ordinance as
necessary and appropriate to provide the District sufficient
revenue to operate, maintain, replace, and improve the District's
Wastewater System; and
WHEREAS, the Board is concerned with the impact of the
Wastewater User Charges as provided by this Ordinance on low income
customers of the District and the Board has adopted a low income
assistance program (the "Low Income Assistance Program") to provide
a "low income assistance credit" on bills for Wastewater User
Charges to "eligible low income customers" pursuant to Ordinance
No. 9031 of the District; and
WHEREAS, the Amended Rate Study further recommends the
imposition of a revised schedule of Wastewater User Charges as
provided by this Ordinance in order to maintain the proportionate
distribution of operation and maintenance costs and costs of the
Low Income Assistance Program among users and user classes and the
Board does further find and determine that the classification of
users provided for in this Ordinance and the allocation of such
costs among such user classes is fair and reasonable; and
WHEREAS, the revenues to be derived from the Wastewater User
Charges will be set aside in a separate fund and used for the
purposes of operating, maintaining and replacing the Wastewater
System in the District, as herein provided; and
WHEREAS, the Wastewater User Charges bear a substantial
relationship to and are designed to cover the costs of operating,
maintaining and replacing the Wastewater System, as herein
provided; and
WHEREAS, the Board does hereby find and determine that the
imposition of the schedule of increased Wastewater User Charges as
provided in this Ordinance, is necessary to enable the District to
operate its Wastewater System on a sound basis, to satisfy the
requirements of the Plan, the Federal Clean Water Act, and the
Missouri Clean Water Law, and to comply with the mandates of the
Consent Decrees, the District's Grant Agreements, and the rules and
regulations of the EPA.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
4
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:
"Amended Rate Study" means the "Summary Report on User Charge
Development for The Metropolitan St. Louis Sewer District, Fiscal
Years 1998 and 1999".
"Approved Meter" means a water meter meeting the standards of
meters used by the City of St. Louis Water Division, the St. Louis
County Water Company, or the public water supplier which provides
water service to such Property, or a sewage flow meter satisfactory
to the District.
"Base Charge" means the sum of the System Availability Charge
and the Billing and Collection Charges pursuant to Section Three of
this Ordinance.
"Billing and Collection Charges" means the charges established
by the District pursuant to Section Three of this Ordinance which
are designed to recover the cost related to issuing and collecting
bills.
"Best Equated Period" means a 90 to 92 day period of water
usage for Metered Residential Property between November and
April of the preceding winter period when lawn watering and other
outdoor water uses are at a minimum and metered water use can best
be equated to Wastewater discharges; provided that if the water
bill issued during such period covers water usage for a period less
than 90 days or more than 92 days the Best Equated Period shall
mean a 91 day period and water usage shall be calculated based on
average daily usage for the actual billing period.
"Biochemical Oxygen Demand" or "BOD" means the quantity of
oxygen utilized in the biochemical oxidation of organic matter in 5
days as determined by Standard Test Procedures and expressed in
milligrams per liter.
"Board" means the Board of Trustees of the District.
"Capital Charge" means that portion of the total charges for
wastewater services provided by the District which is established
for debt retirement, construction or reconstruction of the
Wastewater System, and any other lawful purpose of the District or
5
its subdistricts and not considered part of the Wastewater User
Charges, the Stormwater Service Charges, or the Capital Improvement
Surcharges.
"Chemical Oxygen Demand" or "COD" means the quantity of oxygen
utilized in the chemical oxidation of organic and inorganic matter
as determined by Standard Test Procedures and expressed in
milligrams per liter.
"Compliance Charge" means the charge established by the
District pursuant to Section Three (A)(3) of this Ordinance which
is designed to recover all District compliance activities for Non-
Residential Properties required to comply with federal
environmental regulations which are not recovered by specific
environmental permit fees, Wastewater Monitoring Fees, or other
related fees.
"Consent Decree Grants" means any federal or state grants
provided to the District to fund a portion of the costs of Consent
Decree and Compliance Projects.
"Contributed Wastewater Volume" means the quantity of water-
borne wastes emanating from Property and, specifically, (1) for
Metered Single-Unit Residential Property, means billed water usage
during the Best Equated Period; (2) for Metered Multi-Unit
Residential/Non-Residential Property, means either (a) billed water
usage throughout the year with exemption allowances for any water
that does not enter the Wastewater System, or (b) measured
Wastewater volume; and (3) for Unmetered Residential Property,
means average indoor water usage characteristics of various housing
attributes, as defined in the Rate Study, applied to the number of
rooms and plumbing fixtures of each User's Property, as determined
by the District.
"District" means The Metropolitan St. Louis Sewer District.
"Extra Strength Surcharges" means the Extra Strength
Surcharges imposed by Section Three (A)(2) of this Ordinance.
"Metered Non-Residential/Multi-Unit Residential Property"
means Property used both for non-residential and residential
purposes which consists of one or more non-residential units and
one or more residential dwelling units connected to an approved
meter.
"Metered Property" means all Property connected to an Approved
Meter through which the amount of water usage is measured.
"Metered Residential Property" means Property used only for
6
human residency which consists of one or more residential units
connected to an approved meter.
"Non-residential Property" means all Property other than
Residential Property.
"Normal Wastewater" means waters or wastes having (a) a 5-day
Biochemical Oxygen Demand (BOD) not greater than 300 milligrams per
liter; and (b) containing not more than 350 milligrams per liter of
Suspended Solids (SS); and (c) having a Chemical Oxygen Demand
(COD) not greater than 600 milligrams per liter.
"Ordinance" means this Ordinance of the District unless a
different Ordinance is indicated.
"Owner" or "Owners" means the Person or Persons designated as
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.
"Plan" means the Proposed Plan of the Metropolitan St. Louis
Sewer District as approved by the voters of the City of St. Louis
and St. Louis County at a special election held on February 9,
1954.
"Pollutant" means any material or substance, toxic or
otherwise, discharged to the Wastewater System which either
singularly or in combination with other materials or substances
interferes with, disrupts, or inhibits the Wastewater System's
operations, or is not in compliance with specific prohibitions or
standards developed by District, federal, state or local
governments, or passes through the Wastewater System in a
concentration which violates established effluent regulations or
water quality standards.
"Property" means an improved lot or parcel of real property,
whether public or private, which is Served by the Wastewater
System.
"Rate Study" means the "Report on Alternative Rate Structure
for The Metropolitan St. Louis Sewer District, Fiscal Year 1994".
"Residential Property" means Property used only for human
7
residency.
"Room/Fixture Charges" means the charges established by the
District pursuant to Section Three of this Ordinance billed to each
User Account based on the number of rooms and plumbing fixtures in
such User's Property as determined by the District.
"Served" or "Service" means Property with a sewer connected,
either directly or indirectly, to the District's Wastewater System,
or Property which otherwise discharges Wastewater directly or
indirectly into the Wastewater System; or if the discharge of such
substances therefrom ultimately enters the District's Wastewater
System.
"Sewer Use Ordinance" means Ordinance No. 8472 of the
District, adopted August 14, 1991, as amended.
"Standard Test Procedures" means "Guidelines Establishing Test
Procedures for Analysis of Pollutants Under Clean Water Act" (40
CFR 136), as supplemented and amended from time to time.
"Stormwater Service Charges" means the charges established by
District Ordinance No. 9030 as amended.
"Suspended Solids" or "SS" means solids that either float on
the surface of, or are suspended in water, Wastewater, or other
liquids; as determined by analysis for nonfilterable residue, in
accordance with Standard Test Procedures and expressed in
milligrams per liter.
"System Availability Charge" means the charge established by
the District pursuant to Section Three of this Ordinance which is
designed to recover a portion of the costs related to infiltration
and inflow.
"Unit" means the portion of Residential Property designed for
occupancy by a single person or single family.
"Unmetered Residential Property" means Residential Property
which is not connected to an Approved Meter.
"User" means: (1) the Person occupying the Property; or (2)
Owner of Property; or (3) the Person holding a permit for water
service to the Property Served by the Wastewater System; or (4) any
Person Served by the Wastewater System.
"User Account" means each separate account to which a bill for
Wastewater User Charges is issued by the District.
8
"Volume Charge" means the Volume Charges established by the
District pursuant to Section Three of this Ordinance billed to each
User Account based on Contributed Wastewater Volume.
"Wastewater" means the water-borne wastes emanating from
Property, together with such groundwater, surface water, or
stormwater which enters the Wastewater System.
"Wastewater Monitoring Fees" means the Schedule of Wastewater
Monitoring Fees referred to in Section Four of this Ordinance and
set forth in Appendix II.
"Wastewater System" means the entire sewer and drainage system
owned and operated by the District for the collection,
transportation, storage, handling, and treatment of Wastewater, to
serve the needs of the District and its inhabitants and others,
including all appurtenances and facilities connected therewith or
relating thereto, together with all extensions, improvements,
additions and enlargements thereto hereafter made or acquired by
the District.
"Wastewater User Charges" means the applicable charges
established by Section Three of this Ordinance, which consist of
that portion of the charges of the District which are established
in a proportional and adequate manner to pay the cost of operation
and maintenance (including replacement) of the Wastewater System
in accordance with the requirements of the EPA and the MDNR.
Section Two. Establishment of Wastewater User Charges. There
are hereby ratified, confirmed and established for services
provided by the District to any Property Served by the Wastewater
System, the Wastewater User Charges as set forth in Appendix I.
All such Wastewater User Charges shall be in addition to any
applicable Capital Charges.
The District increased its Wastewater User Charges pursuant to
Ordinance No. 9029, as amended, in order to comply with the
following mandates (the "Environmental Mandates"): (i) to provide
adequate funds to operate, maintain and replace the Consent Decree
and Compliance Projects as required by the Consent Decrees, (ii) to
have an approved Wastewater User Charge as required by the Federal
Clean Water Act, the Missouri Clean Water Law and its Grant
Agreements, and (iii) to provide necessary funds to operate,
maintain and replace its Wastewater System so as to provide
adequate Service to District residents. The District finds that it
is necessary and in the public interest to implement the schedule
of Wastewater User Charges as herein provided in order to protect
the public health, safety and welfare and to insure the District's
9
continued compliance with the Environmental Mandates.
Section Three. Wastewater User Charges.
(A) Metered Property.
(1) From and after October 1, 1997 each metered property
shall be charged a Base Charge and a Volume Charge as set forth in
Appendix I. The Volume Charge shall be calculated separately for
each Property, using the most current determination of Contributed
Wastewater Volume.
(2) Extra Strength Surcharges. From and after October 1,
1997, Extra Strength Surcharges for the treatment of wastes
containing Suspended Solids, Biochemical Oxygen Demand or Chemical
Oxygen Demand exceeding Normal Wastewater strengths are hereby
established and shall be billed to and collected from Non-
residential Property Served by the Wastewater System at the rates
for each User Account set forth in Appendix I, and shall be
collected in addition to the charges imposed by Subsections (1) and
(3) hereof.
(a) A User shall be subject to Extra Strength Surcharges in
any month if that User's water usage in such month equals or
exceeds eight thousand cubic feet.
(b) Each User subject to Extra Strength Surcharges shall
submit to the District on forms supplied by the District pursuant
to the Sewer Use Ordinance, a certified statement setting forth the
strength and volume of Wastewater discharged by the User into the
Wastewater System or into any sewer connected thereto. The data
set forth in such statement shall be obtained from samples
collected in accordance with accepted procedures from the manhole
or adequate place as described in the Sewer Use Ordinance at a time
period representative of normal operational conditions and analyzed
utilizing Standard Test Procedures.
(c) Analytical data reported by the User discharging such
Wastewater will be considered current for each subsequent billing
period until such data is reported inaccurate and replaced by
updated certified data by said User. The results of routine
scheduled sampling and analyses by the District may be used in lieu
of data reported by said User if such data is found to be not
current or in error.
(d) An Extra Strength Surcharge shall be collected from any
User subject to Extra Strength Surcharges as provided for herein
for the discharge into the Wastewater System of Suspended Solids
10
(SS) which average concentration exceeds 350 milligrams per liter
or Biochemical Oxygen Demand (BOD) which average concentration
exceeds 300 milligrams per liter, with said Extra Strength
Surcharge ("ESS") calculated for each billing period according to
the following formula, to-wit:
0.00624 x V
ESS = --------------- x [ (SS-350) x RSS + (BOD-300) x RBOD]
2000
(e) If the BOD/COD ratio of a User's Wastewater is equal to or less than
0.35 the BOD measurement may not be considered representative of the User's
actual Wastewater strength. The District may substitute Chemical Oxygen Demand
(COD) which average concentration exceeds 600 milligrams per liter, with said
Extra Strength Surcharge ("ESS") calculated for each billing period according to
the following formula, to wit:
0.00624 x V
ESS = ------------ x [ (SS-350) x RSS + (COD-600) x RCOD]
2000
In the above formulas the following terms shall mean:
ESS = Extra Strength Surcharges.
300 = Maximum concentration of total BOD in Normal Wastewater in
milligrams per liter.
350 = Maximum concentration of total Suspended Solids in Normal Wastewater
in milligrams per liter.
600 = Maximum concentration of total COD in Normal Wastewater in
milligrams per liter.
0.00624 = Conversion factor for milligrams per liter to pounds per hundred
cubic feet.
V = Volume of water usage or Wastewater discharged expressed in hundred
cubic feet.
11
RSS = Rate for SS in dollars per ton.
RBOD = Rate for BOD in dollars per ton.
RCOD = Rate for COD in dollars per ton.
2,000 = The number of pounds per ton.
(f) All Extra Strength Surcharges shall be calculated separately for each
Property using the Wastewater flow proportioned average strength concentration
for each strength parameter and the most current determination of Contributed
Wastewater Volume.
(3) Non-residential Property Compliance Charge. From and after October
1, 1997, a Compliance Charge shall be collected from all Non-residential Property
Served by the Wastewater System at the rate for each User Account as set forth in
Appendix I and shall be collected in addition to the charges imposed by
Subsections (1) and (2) hereof.
(4) Registration of Unmetered Water Supply. In the event Property is
supplied either in whole or in part with water from wells or any source other
than a public water supplier, then such wells or other source of supply shall be
registered with the Director of Finance of the District. If such supply serves
Metered Property and is not measured by a water meter, or is measured by a water
meter not acceptable to the District, then in such case, the User, at his own
expense shall install and maintain an Approved Meter connected to such water
supply. Whenever a new supplier or source of water other than a public water
supplier shall be put into use by Metered Property, such source of water shall be
registered with the Director of Finance of the District within thirty days.
(5) Metered Water Not Entering the Wastewater System. Where it can be
shown to the satisfaction of the District that a portion of the water as measured
by an Approved Meter does not enter the Wastewater System, then the District is
hereby authorized to determine, in such manner and by such method as may be
practicable, the percentage of the water measured by the Approved Meter which
enters the Wastewater System. In such case, Wastewater User Charges shall be
based upon the percentage of the metered water entering the Wastewater System.
Additional Approved Meters may be required or permitted at the User's expense in
such manner as to measure the quantity of Contributed Wastewater Volume entering
12
the Wastewater System from the Property of such User. Applications requesting
consideration for a reduction in the Wastewater Service Charge, because of water
not entering the Wastewater System, shall be made to the Director of Finance of
the District, on forms provided by the District.
(6) Requirement of an Approved Meter for Non-Residential Property. All
Non-Residential Property within the District shall be connected to an Approved
Meter. In the event Property within the District is owned by a municipality and
is served by water provided by such municipality and not connected to an Approved
Meter, the District shall provide a method for estimating Wastewater discharge by
such Property which is fair and equitable, in lieu of connection to an Approved
Meter, and shall bill such municipality for Wastewater User Charges as provided
for Metered Property pursuant to this Ordinance based on such estimated
Wastewater usage.
(B) Unmetered Residential Property.
(1) Each unmetered residential property shall be charged a Base Charge and
a Room/Fixture Charge as set forth in Appendix I. Such charges shall be
calculated separately for each Property using the most current available data
regarding the number of rooms and plumbing fixtures in such Property. The
Director of Finance shall determine the number of rooms and plumbing fixtures in
such Property from the records of the City of St. Louis Water Division or other
public water suppliers, from the records of the Office of Assessor of the City of
St. Louis or St. Louis County, or from on site inspection. A User of Unmetered
Residential Property who considers the determination by the District of the
number of rooms and plumbing fixtures for which such User is billed Wastewater
User Charges to be inaccurate or erroneous may appeal such determination as
herein provided.
(2) Request for Meter Installation. A User at any Property in existence
prior to January 1, 1994 may request the installation of an Approved Meter. Upon
application to the Director of Finance of the District, the District will advance
a sum not to exceed Three Hundred Dollars ($300.00) for the installation of said
Approved Meter which will be furnished by the municipality in which the Property
is located. Thereafter, the District will bill the User for all sums advanced
for the installation of said Approved Meter in equal installments without
interest for a twenty (20) year period.
13
(3) Right of Entry and Inspection. The District shall have the power to
enter on any Property for the purposes of examining the use made of its
Wastewater System, the number of rooms and plumbing fixtures in such Property,
the number and kind of plumbing fixtures connected with such Wastewater System,
and for the purpose of inspecting or reading the Approved Meter connected to such
Property. When such examination gives reason to believe that the usage of water
on such Property places a burden on the Wastewater System in excess of that for
which the User of such Property is being billed then the Wastewater discharged
from such Property shall be measured, at the expense of the User, by a water
meter or meters or by a Wastewater flow meter or meters. If such measurement
shows that the flow of Wastewater is excessive, Wastewater User Charges shall be
billed and collected for such measured usage as for Metered Property.
(C) Application of Wastewater User Charge Revenues. All revenues
collected from Wastewater User Charges shall be segregated, credited and
deposited in a Wastewater 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 Wastewater System.
Section Four. Wastewater Monitoring Fees. When the Sewer Use Ordinance of
the District or regulations of the federal government or state government require
periodic monitoring of Wastewater from Non-residential Property, whether for
strength calculations, for National Pollutant Discharge Elimination System
compliance, or for pretreatment program requirements, the User of such Property
monitored shall furnish the District at least one report for each quarterly
calendar period from an independent testing laboratory satisfactory to the
District, which report shall set forth the information required by the District
on forms supplied by the District. As an alternative to furnishing the reports
herein required, the User of such Property may request the District to collect
the necessary samples and perform the analysis thereof. If the District agrees
to so act, the User of such Property shall be billed for and agree to pay all
costs for personnel, material and equipment used to collect and analyze samples
from the User's Wastewater as set forth in the schedule of charges in Appendix II
hereof. Each User shall be billed based on the number of samples collected and
the number and types of analyses performed during each billing period and billed
in accordance with current billing procedures. A User shall not be billed for
14
more than four (4) such samplings per year for each connection to the Wastewater
System. Sampling and analysis undertaken for purposes other than required
periodic monitoring shall not be billed for Wastewater Monitoring Fees under this
section. The District may terminate such collection and analysis at any time and
it shall thereafter be the obligation of the User of such Property to furnish the
test information called for above from an independent testing laboratory.
Section Five. Pollutants. Any User which discharges any Pollutants which
cause an increase in the cost of managing the effluent or sludge from the
Wastewater System shall pay for such increased costs.
Section Six. Billing. All bills for Wastewater 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 Wastewater User Charges shall be billed to the Person or Persons
holding a permit for or who is liable for water service to the Property. Such
Wastewater User Charges shall also constitute a personal obligation of any User
of the Wastewater System regardless of to whom the bill for Wastewater User
Charges is sent and shall constitute a charge and a lien against the Property
Served.
For the District's convenience, all individual Wastewater User Charges may
be combined with any other charges of the District, and all such charges may be
billed together. In the event of a change in Owner or User of Property or
termination of Service to Property during a billing period, application may be
made to the Director of Finance of the District for a refund or proration of
Wastewater User Charges for such billing period.
The Owner of Metered Residential Property containing more than one unit
shall have the option of being charged on the basis of Best Equated Period. The
Owner may obtain an application for such change from the Director of Finance.
Upon receipt of an Application for Change in billing basis for said Property the
change in billing will take effect not sooner than sixty days from receipt of the
application.
15
Once an Owner of Metered Residential Property containing more than one (1)
unit has elected to be charged on the basis of Best Equated Period, that Owner
shall not be permitted to again change.
Section Seven. Charge for Late Payments. If any Wastewater 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 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 Eight hereof.
Section Eight. Wastewater User Charges and Advances for Water Meter
Installation Constitute a Lien. The Wastewater User Charges and advances for
water meter installation shall constitute a lien upon the Property Served on the
date a bill is rendered for Wastewater Service and/or the date the advance is
made for water meter installation, 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 Wastewater User Charges and/or advances for water meter
installation 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 days from the mailing date. All Wastewater 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.
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 Nine. Termination of Service for Nonpayment. When any Wastewater
User Charge has not been paid and has been delinquent for a period of one year,
16
the Executive Director is authorized to order the water supply to be shut off for
the Property for which the Wastewater 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 Wastewater 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 contract for any purpose with or accept Wastewater or
Stormwater from any such Owner and/or User.
Section Ten. 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 either or both of two procedures:
(a) by suit or other proceedings in any court of competent jurisdiction;
or
(b) 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
transcripted 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 Eleven. False Information. It shall be unlawful for any Person to
furnish any false report or information to the District which would reduce any
charge imposed by the District.
Section Twelve. Violation of Ordinance. Any Person violating Section
17
Eleven 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. The imposition of such penalty shall in no wise restrict or deprive the
District of its right to pursue any other remedy it may have for the collection
of any delinquent bill for Charges.
Section Thirteen. Wastewater User Charge Review. The Board shall review
the Wastewater User Charges at least annually and, to the extent permitted by
law, adjust such Wastewater User Charges as required by the Federal Clean Water
Act, the Grant Agreements, and any outstanding bonds to:
(a) Maintain the proportional distribution of operation, maintenance and
replacement costs among User classes.
(b) Provide adequate revenues to cover operation, maintenance and
replacement costs.
(c) Provide adequate revenues for the payment of debt service on or
required by the provisions of any outstanding bonds.
Section Fourteen. Notice of Rates. Each User Account shall be notified at
least annually in conjunction with a regular billing for Wastewater User Charges
as to:
(a) the rate schedule in effect; and
(b) that part of Wastewater User Charges attributable to wastewater
services.
Section Fifteen. Deposit of Funds. The funds received from the collection
of any of the aforesaid charges shall be deposited daily as received by the
Secretary-Treasurer of the District, and shall be deposited in duly designated
bank accounts, and such moneys may be appropriated and used for the purposes of
the District as herein provided.
Section Sixteen. Collection Offices. Collection offices may be
established at convenient locations throughout the District. The Director of
Finance is hereby authorized to enter into contracts with the owners or operators
of business establishments to provide collection services at such locations as
18
are selected and may provide in such contracts for the payment by the District of
a fee to the collecting establishment for rendering such collection services.
Section Seventeen. Appeals. Any Person who considers the Wastewater User
Charges billed to such Person pursuant to the provisions of this Ordinance or any
other determination by the District pursuant to the provisions of the Ordinance
to be illegal, inaccurate or erroneous may request a review thereof by the
Director of Finance or his designate within thirty (30) days of (i) the bill to
such Person for Wastewater User Charges with respect to such Property, or (ii)
written notice to such Person of a determination by the District which is
contested. 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 Eighteen. 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 or pursuant to the procedures set forth
in Section 12.110 of the District's Plan.
Section Nineteen. Adjustment Review Committee. A committee, to be known
as the Adjustment Review Committee, is hereby established. The committee shall
be comprised of the District's Directors of Administration and Finance, the
Secretary-Treasurer and the Assistant General Counsel. The committee shall
review all billing adjustments in excess of One Thousand Dollars ($1,000.00) and
perform such other duties relating to billing policies as are delegated by the
Executive Director. No billing adjustments in excess of One Thousand Dollars
($1,000.00) shall be effective unless reviewed and approved by a majority of the
Adjustment Review Committee.
Section Twenty. 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-One. Prior Ordinances. Ordinance No. 9029, as amended by
Ordinance Nos. 9222 and 9376, is hereby repealed. If for any reason the
provisions of this Ordinance relating to the Wastewater User Charges set forth in
19
Appendix I hereof are not in full force and effect from and after October 1,
1997, by virtue of actions other than amendment or repeal of this Ordinance by
the Board, the Wastewater User Charges set forth in Appendix I hereof shall be in
full force and effect and shall be determined and calculated in the manner
provided by Ordinance No. 9029 re: Wastewater User Charges.
The provisions contained in 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 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-Two. This Ordinance shall be effective from and after its
passage.
APPENDIX I
WASTEWATER USER CHARGES
FROM AND AFTER OCTOBER 1, 1997
METERED PROPERTY (per month/per User Account) Charge
Base Charge $5.57
Volume Charge
All Volume $1.05/100
cubic feet
UNMETERED RESIDENTIAL PROPERTY
(per month/per User Account)
Base Charge $5.57
Room/Fixture Charge
Room (each room) $0.69
Water Closet (each fixture) $2.58
Bath (each fixture) $2.15
Separate Shower (each fixture) $2.15
NON-RESIDENTIAL PROPERTY
(per month/per User Account)
Extra Strength Surcharges if water usage equals or exceeds 8000 cubic feet
per month:
Suspended Solids (SS)
over 350 mg/liter
(milligrams per liter) $ 87.20/ton
Biochemical Oxygen
Demand (BOD) over 300
mg/liter (milligrams
per liter) $ 217.90/ton
Chemical oxygen Demand
(COD) over 600 mg/liter
(milligrams per liter) $ 108.95/ton
Compliance Charge $ 8.56
APPENDIX II
Schedule of Wastewater Monitoring Fees
SAMPLING COSTS METALS, cont.
Grab Sample $ 47.00 Iron $ 30.00
Composite Sample $ 89.00 Lead $ 30.00
Manganese $ 30.00
Mercury $ 49.00
INORGANIC ANALYSIS Molybdenum (HGA) $ 56.00
Nickel $ 30.00
CONVENTIONAL ANALYSIS Selenium (HGA) $ 56.00
Silver $ 30.00
Acidity $ 18.00 Zinc $ 30.00
Alkalinity $ 16.00
Ammonia $ 20.00
BOD-5 $ 32.00 BIOLOGICAL ANALYSIS
Chloride $ 16.00
Chlorine $ 20.00 Bioassay-Ceriodaphnia $430.00
COD $ 13.00 Bioassay-Fatheads $430.00
Conductance $ 11.00 Microscopic Examination $ 26.00
Cyanides, Total $ 72.00 Total Coliform (MF) $ 25.00
Cyanides, Amenable $141.00 Fecal Coliform (MF) $ 25.00
Fluoride $ 20.00 Fecal Strep (MF) $ 25.00
Grease and Oil $ 24.00 Total Plate Count $ 17.00
Kjeldahl Nitrogen $ 38.00
Nitrate/Nitrite $ 53.00 ORGANIC ANALYSIS
Nitrite $ 33.00
Ph $ 11.00 Infrared Extract & Interpret $225.00
Phenols (4 AAP) $ 21.00
Phosphate, Ortho $ 73.00 PRIORITY POLLUTANT METHODS
Phosphate, Total $ 73.00 608 Organochlorine Pesticides $385.00
Solids, Total $ 10.00 608 PCBs $421.00
Solids, Suspended $ 10.00 624 Purgeables $ 83.00
Solids, Total and Volatile Suspended $ 11.00 625 Base/Neutrals and Acids $307.00
Solids, Total and Volatile $ 11.00
Sulfate, Turb. $ 21.00 SPECIAL PROCEDURES
Sulfide $ 49.00
Sulfite $ 19.00 Toxicity Characteristic Leaching Procedure
Surfactants (MBAS) $ 44.00 Preparation $274.00
Temperature $ 2.00 Metals $203.00
Pesticides $385.00
METALS Herbicides $385.00
Antimony (HGA) $ 56.00 Volatiles $ 83.00
Arsenic (HGA) $ 56.00 Non-Volatiles $307.00
Barium $ 30.00
Beryillum $ 30.00 Total Cost $ 1637.00
Cadmium $ 30.00
Chromium, Hex $ 30.00
Chromium, Total $ 30.00
Copper $ 30.00
The foregoing Ordinance was adopted September 11, 1997.