HomeMy Public PortalAbout03400REPEALED 5/28/80 BY ORDINANCE NO. 4032 O R D I N A N C E NO. 3400
AN ORDINANCE providing revenue for the operation and
general purposes of the Fee Fee Trunk Sewer Subdistrict of The
Metropolitan St. Louis Sewer District; providing a schedule of
charges effective January 1, 1978, to be collected from all the
real property, whether public or private, served directly or
indirectly by the public sewer systems and facilities of the Fee
Fee Trunk Sewer Subdistrict; 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 and
providing penalties for violations hereof.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section one. For the purpose of providing independent
revenue for the Fee Fee Trunk Sewer Subdistrict of The
Metropolitan St. Louis Sewer District, which is necessary for the
protection of the public health and safety by controlling and
abating the pollution of the Missouri River and Meramec River by
collecting and treating the sewage flowing in such Subdistrict,
the Fee Fee Trunk Sewer Subdistrict of The Metropolitan St. Louis
Sewer District, acting by and through The Metropolitan St. Louis
Sewer District, shall collect a charge or annual charges in one
or more installments according to the schedule or schedules
hereinafter provided on all improved real property within or
outside the Subdistrict, whether public or private, from which
2
sewage is discharged directly or indirectly into a facility owned
or operated by The Metropolitan St. Louis Sewer District as a
part of its sewerage system lying within such Subdistrict, or
which is capable of being efficiently served by such facility.
Charges against public property shall be paid as provided in
Section 3.020 (16) of the Plan of The Metropolitan St. Louis
Sewer District. Sewerage services shall be deemed to be furnished
jointly and severally to the occupant or occupants, the owner or
owners of the premises and the person or persons holding a permit
for water service, or who is liable for water service,
hereinafter called the water meter registrant, or registrants,
and to the premises themselves. The owner or owners, occupant or
occupants and water meter registrant or registrants are all
regarded as users of the sewer service, and are all hereby
declared to be users thereof. The sewer service charge or
charges shall be billed to the person or persons 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 or occupants, the owner or owners of the premises, and
the person or persons holding the permit for water service or who
is liable for water service, hereinafter called the water meter
registrant or registrants, and shall as well constitute a lien
against the property, as hereinafter provided.
The term "owner" or "owners" is hereby defined as
3
meaning both the owner or owners of record in the office of the
Recorder of Deeds for St. Louis County, Missouri, and the
beneficial owner as well.
Section Two. An improved lot or parcel of real
property, whether public or private, shall be deemed to be served
within the meaning of this ordinance when it has an active sewer
connection, either directly or indirectly, with a sanitary sewer
facility owned or operated by the District and lying within the
Fee Fee Trunk Sewer Subdistrict, or when such lot or parcel of
real property otherwise discharges sewage, industrial wastes,
water, or other liquids or solids directly or indirectly into
such public systems and facilities, or if the discharge of such
substances therefrom ultimately enters said systems and
facilities, such lot or parcel shall be deemed served.
Section Three. Bills for sewer use or service charges
shall be made out by the District for its Fee Fee Trunk Sewer
Subdistrict, may be issued each six months by cycle, or a bill
for the six month period from January I through June 30 may be
issued in January, February, March, April, May or June, and the
bill for the six month period from July 1 through December 31 may
be issued in July, August, September, October, November or
December. Should there be an overcharge on a bill, the Executive
Director or Secretary-Treasurer is hereby authorized to refund
the amount of such overcharge.
For the District's convenience, such charges may be
4
combined with those of The Metropolitan St. Louis Sewer District
or any other subdistrict or district, and billed together with
those of such subdistrict or district as further set forth in
this or other ordinances. Upon receipt of payment for such
combined billing, it may be deposited at one time and in one
account, and then administratively separated into the proper
funds and accounts.
Section Four. Said charges shall be made and collected
in accordance with the schedules as hereinafter set forth.
NORMAL SEWAGE
The term "normal sewage" shall be as defined in
Ordinance No. 2289 as adopted May 3, 1972.
Charges for the discharge of normal sewage into a
sewerage system are hereby levied and they shall be collected
according to the following schedules "A" and "B", to wit:
SCHEDULE A
Rate 1. For each single-family residence: A minimum charge of $27.50 for each six months period, whether or not the water supply is metered. A single family residence as used herein is defined as premises used as a dwelling by one family only.
Rate 2. For each family unit of a multifamily building or
structure: A charge of $24.50 for each six months period per family or dwelling unit whether or not the water supply is metered. A multifamily building or structure as used herein is defined as a dwelling under one roof for occupancy by more than one family, including but not limited to flats, apartments and the like.
5
PROVIDED: The District shall have the 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 charges for such premises shall be computed at
SCHEDULE B rates.
SCHEDULE B
For all premises not included in Schedule A, or
specifically excluded there from by provision thereof: Commercial, Industrial, Institutional, and Other Service Based upon Quarterly consumption of water used on premises, as follows: First 25,000 cu.ft. of water used at $.62 per 100 cu.ft. + Next 10,000 cu.ft. of water used at $.52 per 100 cu.ft. + Next 10,000 cu.ft. of water used at $.42 per 100 cu.ft. + Next 15,000 cu.ft. of water used at $.30 per 100 cu.ft. + All Over 60,000 cu.ft. of water used at $.25 per 100 cu.ft. +
Minimum charge $18.00 Quarterly.
SURCHARGES
Surcharges for the discharge of suspended solids and
6
biochemical oxygen demand (hereinafter called B.O.D.) exceeding
the normal sewage discharge as defined in Ordinance No. 2289,
adopted May 3, 1972, are hereby levied and they shall be
collected in addition to the normal sewer service charges, as
follows:
1. A surcharge is hereby levied on the person discharging
or responsible for the discharge into the public sewerage system
of suspended solids and B.O.D. exceeding the content of normal
sewage. Such levy shall be Eighty Dollars ($80.00) per dry ton of
excess suspended solids and Eighty Dollars ($80.00) per ton of
excess B.O.D. and shall be adjusted annually based on costs to
the District for removal.
2. The person subject to surcharge is one whose water
consumption is equal to or exceeds fifty thousand cubic feet (500
Ccf) in any six month period and whose average suspended solids
concentration exceeds 350 mg/l and/or whose average B.O.D.
concentration exceeds 300 mg/l.
3. Each person subject to surcharge shall submit to the
District on forms supplied by the District as stated in Ordinance
No. 2289 a certified statement concerning strength and volume of
wastewaters discharged into the sewers or sewer works of the
District or into any sewer connected thereto. The analytical
data submitted thereby based on Standard Industrial
Classification requirements shall be obtained from samples
collected in accordance with standard accepted procedures from
7
the manhole or adequate place described in Ordinance No. 2289 at
a time period representative of normal operational conditions and
utilizing accepted analytical procedures.
4. Analytical data reported by the person discharging
subject wastewaters will be considered current for each
subsequent billing period until such data is reported inaccurate
and replaced by updated certified data by said person. The
results of routine scheduled sampling and analyses by the
Industrial Waste Division of the District may be used in lieu of
data reported by said person if such data is found to be not
current or in error.
5. The surcharge, calculated separately for each premise
using wastewater flow proportioned average suspended solids
concentrations and/or average B.O.D. concentration and the
adjusted water consumption figure, shall be determined semi-
annually in accordance with current billing procedures and using
current reported analytical data. Said surcharges shall be
calculated for each semi-annual billing period according to the
following formulas, to wit:
Suspended Solids Semi-Annual Charge = (55-350) x 8.34 x F x 182.5 x 0.95 x 80.00 2000 B.O.D. Semi Annual Charge = (B.O.D. - 300) x 8.34 x F x 182.5 x 0.95 x 80.00 2000 SS = Average concentration of suspended solids in water or waste in milligrams per liter.
8
B.O.D.= Average concentration of 5-day B.O.D. in water or waste in milligrams per liter. 350 = Concentration of total suspended solids in "Normal" sewage in milligrams per liter. 300 = Concentration of 5-day B.O.D. in "Normal" sewage in milligrams per liter. 8.34 = Weight in pounds of one gallon of water. F =Average flow of water or waste expressed in million gallons per day. 182.5 = The number of days in each semi-annual period. 0.95 = Factor allowance for 95 percent degree of purification. $80.00 =The cost to the District in dollars per dry ton for removal of suspended solids. $80.00 =The cost to the District in dollars per ton for removal of 5-day B.O.D. 2,000 = The number of pounds per ton.
Section Five. 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 Fee Fee
Trunk Sewer Subdistrict sewerage system, or which ultimately
enters the sewerage system, 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 Executive Director of The Metropolitan St.
Louis Sewer District, within sixty day of the adoption of this
ordinance, if not presently so registered as required by
Ordinance No. 2411, and if the supply is not measured by a water
9
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 Water Division 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 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 Fee Fee Trunk Sewer Subdistrict sewerage
system such source of water shall be registered with the
Executive Director of The Metropolitan St. Louis Sewer District
within thirty days.
Section Six. Where it can be shown to the satisfaction
of the Executive Director that a portion of the water 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 and facilities. In such
case, the charges and rates shall be based upon the percentage of
10
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 and facilities as so determined.
Applications from industries or businesses or any other
metered account, requesting consideration for a reduction in the
sewer service charge, because of water not entering the sewerage
system and facilities, 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 not entering the
sewerage system and facilities. This should be supplemented with
a flow diagram to indicate the destination of the water supply
and the wastes.
Section Seven. It shall be unlawful for any person,
firm or corporation to furnish any false reports or information
11
to The Metropolitan St. Louis Sewer District which would tend to
reduce said sewer service charge.
Section Eight. The funds received from the collection
of said charges shall be deposited daily as received by the
Secretary-Treasurer of The Metropolitan St. Louis Sewer District,
and shall be deposited into the account known as the Sewer
Revenue Fund of the Fee Fee Trunk Sewer Subdistrict and such
moneys may be appropriated and used for the operation and general
purposes of the Subdistrict.
Section Nine. The Secretary-Treasurer shall establish
collection offices at convenient locations throughout the
Subdistrict, 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 and may provide in such
contracts for the payment by the Subdistrict 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.
Section Ten. If the charges provided hereinabove are
not paid within fifteen (IS) days after the date any bill
therefor is rendered, then an additional delayed payment charge
12
equal to fifteen percent (15%) of the amount of the bill rendered
is hereby imposed and shall be a lien on the real property and
shall be collected along with said basic charges.
The District for itself and for such Subdistrict, shall
have the power to sue the owner or owners, the occupant or
occupants, and the water meter registrant or registrants, jointly
or severally, in a civil action to recover delinquent charges
plus interest from date bill rendered, plus a reasonable
attorney's fee to be fixed by the court.
Section Eleven. The sewer service charge and rates for
the use and services of the sewerage system and facilities within
and for the Fee Fee Trunk Sewer Subdistrict shall constitute a
lien upon the real property for which the sewerage services are
supplied and charged on the date a bill therefor is rendered.
Whenever a sewer service charge or any portion thereof
is unpaid after thirty days from the date the bill for the basic
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; and (b)by enforcement of the lien provided herein.
The Secretary-Treasurer 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 St. Louis County. Such notice of lien
shall state the amount of the delinquent sewer service charges
13
and shall adequately describe the property against which such
lien is asserted.
If the Secretary-Treasurer so directs, a copy of such
notice may be mailed to the reputed owner of the land charged 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 fifteen
days from the mailing date. Such lien upon the real property
served shall have priority over all other liens including taxes,
deeds of trust whether or record or not, and prior judgments.
Such unpaid charges shall also bear interest at the
rate of six percentum (6%) per annum from the date the said
unpaid charge became delinquent, including such charge for
delayed payment. After such notice or notices 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 Twelve. 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.
14
Section Thirteen. Where any sewer service charge has
not been paid and has been delinquent for more than fifteen days
after the bill therefor is rendered, then the Executive Director
may refuse to the owner of the premises or the person receiving
the sewer services a permit to connect any other real property
belonging to him to the District's storm or sanitary sewers; or
may refuse to have a review made of any plans submitted by or in
behalf of such person, firm or corporation, as required by other
District ordinances; or refuse to contract for any purpose with
or accept sewage from any such person, firm or corporation.
Any funds owed by the District to any person, firm or
corporation for any reason may be used by the District as a set-
off against any sewer service charge owed by that person, firm or
corporation to the Subdistrict, whether delinquent or not.
The overpayment by any person, firm or corporation of
any charges made by the District, whether for sewer service, plan
review or any similar or other charge shall be available to and
may be used by the District as a set-off of any unpaid and
delinquent sewer service charge against such person, firm or
corporation.
Section Fourteen. 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
15
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 for
the Subdistrict.
Section Fifteen. 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 Sixteen. This Ordinance shall not be so
construed as to relieve any person, firm or corporation
(municipal or otherwise) from the payment of any sewer service
charge which is due and payable prior to January 1, 1978.
Section Seventeen. This Ordinance shall not be so
construed as to relieve any person, firm or corporation
(municipal or otherwise) from any penalty heretofore incurred
prior to January 1, 1978.
Section Eighteen. This Ordinance shall take effect
upon the purchase of the assets of Fee Fee Trunk Sewer, Inc. by
The Metropolitan St. Louis Sewer District but, in any event, not
prior to January 1, 1978.
16
The foregoing Ordinance was adopted December 14, 1977.