HomeMy Public PortalAbout00486REPEALED BY ORDINANCE NO. 2411 O R D I N A N C E NO. 486
AN ORDINANCE repealing Ordinance No. 138 and enacting a
new ordinance in lieu thereof on the same subject; prohibiting the
discharge of sewage from real property into a facility other than
a sanitary sewerage facility of the District or other approved
outlet; requiring connections of real property to the sanitary
sewerage facilities of the District; providing a schedule or
schedules of charges to be collected from real property for
permits to use such facilities and for the use thereof;
prescribing the manner in which and time at which such charges are
to be paid; providing for the collection and enforcement of
collection of such charges; providing penalties for violation; and
containing an emergency clause.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Ordinance No. 138, as adopted June 24,
1957. is hereby repealed effective January 1, 1961, without,
however, altering or extinguishing the legal relationships
established thereunder or the procedure for enforcement thereof
provided in such ordinance.
Section Two. Unless the context specifically indicates
otherwise the meaning of terms used in this ordinance shall be as
follows:
DISPOSAL SYSTEM. Any facility or combination of
facilities for the collection, conveyance, pumping, treatment, or
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disposition of sewage.
INDUSTRIAL WASTES. Any industrial liquid, waste water;
or toxic substance from any industrial process admissible into the
sewerage system or required to be discharged into the sewerage
system.
MULTIFAMILY BUILDING OR STRUCTURE. A dwelling under one
roof for occupancy by more than one family, including but not
limited to flats, apartments, and the like.
MULTIPERSON BUILDING OR STRUCTURE. A dwelling under one
roof for occupancy by persons not necessarily comprising a family,
including but not limited to rooming houses, tourist homes,
hotels, motels, and the like.
SANITARY SEWER. A lateral, main, interceptor or outlet
sewer, pipe or enclosed conduit, exclusive of a building or
industrial connection sewer, designed and intended for the
conveyance of sewage or water carried wastes from residences,
business buildings, institutions, and industrial establishments,
and combinations of such premises.
SEWAGE. The water carried wastes from residences,
business buildings, institutions and industrial establishments,
singular or in any combination, together with such ground surface
and storm waters as may be lawfully added thereto.
SEWER. A sanitary sewer as defined herein.
SEWERAGE SYSTEM. Any sewer, facility, equipment, or
device, or any combination thereof, used or intended to be used
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for the conveyance, pumping, treatment, or disposition of sewage.
SINGLE FAMILY RESIDENCE. Premises used as a dwelling by
one family only.
TREATMENT SYSTEM. A facility, device, or equipment, or
a combination thereof, used or intended to be used for removal of
solids from sewage or for the reduction of water Pollution or
for any processing of sewage prior to final disposition thereof.
WATER CONSUMED. WATER CONSUMPTION. That quantity of
water delivered to, received by, or produced on premises which is
discharged or presumed to be discharged from the premises as
sewage.
Section Three. The Board has found and hereby reaffirms
and declares that the discharge or sewage from real property into
a facility, place or outlet other than a sanitary sewer or
sanitary sewer facility owned, operated, or approved by the
District under the provisions of Ordinance No. 109 and other
applicable ordinances, and amendments thereto, constitutes a
public nuisance or a danger to public health or safety and is
unlawful.
Section Four. The owner or owners of any real property
within the District from which or on which sewage is discharged
shall connect with and use a sanitary sewer facility owned or
operated by the District when such facility is situated within 150
feet of such real property, is of adequate capacity, and is at a
proper elevation to serve such real property, and in such case
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said real property shall be deemed to be capable of being
efficiently served by such facility for all purposes of this
ordinance.
Section Five. For the protection of the public health
and safety, and for the purposes of providing adequate sanitary
sewerage facilities and reasonably regulating the use thereof,
effective January 1, 1961 and annually thereafter, the District
shall collect a charge or annual charges in one or more in-
stallments according to the schedule or schedules hereinafter
provided on all real property within the District, whether public
or private, from which sewage is discharged directly or indirectly
into a facility owned or operated by the District as a part of its
sewerage system, or which is capable of being efficiently served
by such facility.
Sewerage services shall be deemed to be furnished to
both the occupant and the owner of the premises. The sewer
service charge or charges shall be billed to the person holding a
permit for water service, or who is liable for water service as
the case may be on each parcel of real property above mentioned.
Such charge or charges shall constitute a personal obligation of
the occupant and the owner of the premises as well as a lien
against the property, as hereinafter provided.
Section Six. Said charge shall be collected in
accordance with the following schedules:
SCHEDULE A
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Rate 1.For each single-family residence:
A minimum charge of $4.00 per annum regardless of the source
of water supply and whether or not the water supply is
metered. Rate 2. For each family unit of a multifamily building or structure:
A minimum charge of $3.00 per annum per family unit
regardless of the source of water supply and whether or
not the water supply is metered. Rate 3. For each multiperson building or structure not included in Rates 1 and 2 of SCHEDULE A:
(a) Whenever the water supply is unmetered a minimum charge of
$3.00 per dwelling unit.
(b) For multiperson dwelling having a metered water supply the
charge shall be that as set out in SCHEDULE B. Rate 4.For premises not having metered water supply and used for purposes other than residential the charge shall be as follows: WATER SERVICE RATE EACH SIX MONTHS Tap Diameter 5/8" or less $ 2.00 3/4 " 4.00 1" 9.00 1-1/2" 20.00 2" 60.00 3" 140.00 4" 400.00
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6" 1,000.00 8" 1,800.00 10" 3,800.00 12" 6,800.00 PROVIDED: The District shall have power to enter on any premises for the purposes of examining the use made of its sewerage facilities, the number and kind of plumbing fixtures connected with such facilities, and the number of persons served by such facilities. When such examination gives reason to believe that the consumption of water on premises places a burden on the sewerage system in excess of that which is placed by other premises in the same sewer service charge rate classification, then the Executive Director shall require measurement of the sewage discharged from the premises at the expense of the owner or occupant by a water meter or meters or by a sewage flow meter or meters. If such measurement shows that the sewage flow is excessive, sewer service charges for such premises shall be computed at Schedule B rates. SCHEDULE B For all premises not included in Schedule A: Water Consumption Rate Previous Six Months Each Six Months per 100 Cubic Feet First 50,000 c.f. $ 0.025 Next 200,000 c.f. 0.020 Next 750,000 c.f. 0.015 Next 9,000,000 c.f. 0.010 All over 10,000,000 c.f. 0.005 Section Seven. In the event a lot, parcel of land, building or premise discharging sewage, industrial waste, water
or other liquids, either directly or indirectly into The
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Metropolitan St. Louis Sewer District sewerage system, or which
ultimately enters the sewerage system, is supplied either in whole
or in part with water from wells or any other source other than a
Public Water Supplier then such wells or other source of supply
shall be registered with the Executive Director of The
Metropolitan St. Louis Sewer District on or before March 1, 1961
and if the supply is not measured by a water meter, or is measured
by a water meter not acceptable to the Executive Director, then in
such case, the owner or other interested party, at his own expense
shall install and maintain water meters meeting the standards of
meters used by City of St. Louis or St. Louis County Water Company
and otherwise satisfactory to the Executive Director on all
supplies, and the quantity of water used to determine the sewerage
service charge shall be the quantity as measured by the single
meter or the sum of the quantities measured by the several meters.
Whenever a new well or other source of water other than
a public water supply shall be put into use after the effective
date of this ordinance by any parcel of land discharging sewage,
industrial wastes, water or other liquids either directly or
indirectly into The Metropolitan St. Louis Sewer District sewerage
system such source of water shall be registered with the Executive
Director of The Metropolitan St. Louis Sewer District within
thirty days.
Section Eight. Where it can be shown to the
satisfaction of the Executive Director that a portion of the water
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as measured by the water meter or meters does not enter the
sewerage system, then and in that event the Executive Director is
hereby authorized to determine, in such manner and by such method
as he may deem practicable, the percentage of the water measured
by the meter which enters the sewerage system. In such case the
charges and rates shall be based upon the percentage of the
metered water so determined by the Executive Director. The
Executive Director may require or shall permit the installation of
additional meters at the owner's or interested party's expense in
such manner as to measure the quantity of water actually entering
the sewerage system from the premises of such owner or interested
party, and the quantity of water used to determine the sewer
service charge shall be the quantity of water actually entering
the sewerage system as so determined.
Applications from industries or businesses, requesting
consideration for a reduction in the sewer service charge,
because of water not entering the sewerage system, shall be made
to the Executive Director of The Metropolitan St. Louis Sewer
District, in writing; giving name of account, firm, industry or
business, the address, the particular water department or account
number, the water meter number or numbers, and supporting data for
requesting reduction of the charge; together with a sketch to
approximate scale showing the plan of the property, water
distribution, sewer layout, the existing meters and proposed
meters in the scheme to determine the quantity of flow entering or
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not entering the sewerage system. This should be supplemented
with a flow diagram to indicate the destination of the water
supply and the wastes.
Section Nine: It shall be unlawful for any person,
firm or corporation to furnish any false reports or information to
The Metropolitan St. Louis Sewer District which would tend to
reduce their sewer service charge.
Section Ten. For convenience in collecting the rates
and charges herein fixed for sewer service, the Executive Director
shall divide the District into as many billing subdistricts as he
may deem necessary. The boundaries of subdistricts may be changed
at the discretion of the Executive Director.
Section Eleven. The Executive Director shall establish
collection offices at convenient locations throughout the
District, and may change the location of such collection offices
from time to time. He is hereby authorized to enter into
contracts with the owners or operators of business establishments
to provide collection service of sewer service charges at such
locations as are selected by him any may provide in such contracts
for the payment by the District to the collecting agency for
rendering such collection services a fee, in no event to exceed
three cents per bill for each bill collected and remitted to the
District. Such contracts shall provide that the collection agency
shall, at intervals in no case longer than one week, remit all
collections to the District.
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Section Twelve. If the sewer service charge and rates
for the use and services of the sewerage system are not paid
within fifteen (15) days after the date of any bill rendered
therefor a delayed payment charge in the amount of fifteen percent
(15%) of the bill rendered shall be imposed and collected.
Section Thirteen. If the sewer service charge and rates
for the use and services of the sewerage system are not paid
within thirty (30) days after the date of the bill rendered
therefor such service charge together with the delayed payment
charge shall be deemed to be delinquent and shall thereafter
constitute liens upon the real estate for which the sewerage
services are supplied.
Whenever a sewer service charge has been delinquent for
more than sixty days the Executive Director may cause a notice of
lien for non-payment thereof to be filed in the Office of the
Recorder of Deeds within and for the City of St. Louis or St.
Louis County, as the case may be. Such notice of lien shall state
the amount of the delinquent sewer service charge, and shall
properly describe the property against which such lien is
asserted. Such lien upon the real property served shall have
priority over all other liens except taxes, deeds of trust then of
record, and prior judgments. The District shall have the power to
sue the occupant and the owner, jointly or severally, in a civil
action to recover delinquent charges, plus a reasonable attorney's
fee to be fixed by the court.
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Section Fourteen. Where any sewer service charge has
not been paid and has been delinquent for a period of six months
The Metropolitan St. Louis Sewer District shall have the right to
order the water supply to be shut off for the premises for which
the sewer service charge is delinquent or to remove or close any
sewer connections, or both, until payment of the delinquent sewer
service 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.
Section Fifteen. Any person violating any of the
provisions of this Ordinance shall be deemed guilty of a mis-
demeanor and upon conviction shall be punished by a fine of not
less that $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 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 sewer service charges.
Section Sixteen. The Board of Trustees 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 of Trustees hereby declaring that it
would have enacted the remainder of this Ordinance without regard
to that part hereof that may be held invalid.
Section Seventeen. This Ordinance shall not be so
construed as to relieve any person, firm or corporation (municipal
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or otherwise) from the payment of any sewer service charge which
is due and payable under the provisions of Ordinance No. 138, nor
to bar the collection of same by any and all of the means provided
for in Ordinance No. 138.
Section Eighteen. This Ordinance shall not be so
construed as to relieve any person, firm or corporation (municipal
or otherwise) from any penalty heretofore incurred by the
violation of Ordinance No. 138, nor to bar the prosecution of any
such violation in the manner provided therein.
Section Nineteen. This being a revenue measure and
being necessary for the preservation of the Public health,
constitutes an emergency within the meaning of the Plan, and this
Ordinance shall take effect immediately upon its adoption.
The foregoing Ordinance was adopted December 22, 1960.