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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 is hereby repealed effective January 1, 1961, without, however, altering or extinguishing the legal relationships established thereunder or the procedure for enforcement thereof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 2 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 3 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 4 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 5 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 6 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 7 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 8 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 9 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. 10 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. 11 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 12 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.