HomeMy Public PortalAbout03739AMENDED BY #4433 - 7/1/81 O R D I N A N C E NO. 3739
AN ORDINANCE providing revenue for the operation and
general purposes of the Terri-Robyn Service Area of The
Metropolitan St. Louis Sewer District; providing a schedule of
charges effective January 1, 1979, to be collected from all the
real property, whether public or private, served directly or indi-
rectly by the public sewer systems and facilities of the Terri--
Robyn Service Area; 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 thereof.
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 Terri-Robyn Service Area 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 Meramec River by collecting and treating the sewage flowing
in such Terri-Robyn Service Area 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 out-
side the area, whether public or private, from which 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 District, 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
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
Terri-Robyn Service Area, 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 Terri-Robyn Service
Area, and shall be issued quarterly. 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
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 fund 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 $36.00 for each three month period, whether or not the water supply is metered. A single family residence as used herein as 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 $27.00 for each three month 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.
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 con-
nected 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 therefrom by provision thereof: Commercial, Industrial, Institutions, and other Service. Based upon Quarterly consumption of water used on premises, as follows: WATER CONSUMPTION RATE EACH THREE MONTHS PREVIOUS THREE MONTHS PER 100 CUBIC FEET (Ccf = 100 cubic feet) Minimum charge $36.00 First 25 Ccf Minimum Next 225 Ccf $1.53 All Over 250 Ccf 1.38 SURCHARGES
Surcharges for the discharge of suspended solids and
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 on 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 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 persons 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 waster 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 = (SS-350) x 8.34 x F x 182.5 x 0.95 x 80.00 2000 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. 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. 9.95 = 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 Terri-Robyn
Service Area sewerage system, or which ultimately enters in 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 days 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 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, indus-
trial wastes, water or other liquids either directly or indirectly
into the Terri-Robyn Service Area 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 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 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 Operating
Fund of the Terri-Robyn Service Area and such moneys may be appro-
priated and used for the operation and general purposes of the
Terri-Robyn Service Area.
Section Nine. The Secretary-Treasurer 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 and 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.
Section Ten. If the charges provided hereinabove are
not paid within fifteen (15) days after the date any bill therefor
is rendered, then an additional delayed payment charge 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 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 Terri-Robyn Service Area shall constitute a lien upon
the real property for which the sewerage services are supplied and
charged on the date a bill therefore 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 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 of 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 pre-requisite 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.
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 District, 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 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 District.
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 believe 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, 1979.
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, 1979. The foregoing Ordinance was adopted March 14, 1979.