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HomeMy Public PortalAbout03766REPEALED 5/28/80 BY ORDINANCE NO. 4035 O R D I N A N C E NO. 3766 AN ORDINANCE, providing revenue for the operation and general purposes of the Fenton Service Area of The Metropolitan St. Louis Sewer District; providing a schedule of charges effective April 1, 1979, to be collected on all the real property, whether public or private, served directly or indirectly by the public sewer systems and facilities of the Fenton 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 Fenton 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 Fenton 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 outside the area whether public or private, from which sewage is discharged directly or indirectly into a facility owned or operated by The 2 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 3 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 Fenton 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 Fenton Service Area, and shall be issued semi-annually. 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. 4 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, condominium, and duplex: A minimum charge of $24.60 for each six month period; with lift station $30.60 for each six month period. Rate 2.For each apartment unit of a multifamily building or structure: A charge of $19.20 for each six month period per apartment; with lift station $25.20 for each six month period. 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 5 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, Institution, and other Service Based upon six months consumption of water used on premises, as follows: WATER CONSUMPTION RATE EACH SIX MONTHS PREVIOUS SIX MONTHS PER 100 CUBIC FEET (Ccf = 100 cubic feet) Minimum charge $50.00 First 60 Ccf Minimum All Over 60 Ccf .50 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 6 ($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. 7 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 = (SS-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. 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 8 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 Fenton 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- 9 trial wastes, water or other liquids either directly or indirectly into the Fenton 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 is 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 10 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. lt 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 Fenton Service Area and such moneys may be appropriated and used for the operation and general purposes of the Fenton 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 11 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 Fenton 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 12 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. 13 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 setoff 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 14 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 relieve any person, firm or corporation (municipal or otherwise) from the payment of any sewer service charge which is due and payable prior to April 1, 1979. Section Seventeen. This Ordinance shall not be so con- strued as to relieve any person, firm or corporation (municipal or otherwise) from any penalty heretofore incurred prior to April 1, 15 1979. The foregoing Ordinance was adopted April 28, 1979.