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HomeMy Public PortalAbout04031SECTION 5 REPEALED BY ORDINANCE NO. 4425 - 7/1/81 O R D I N A N C E NO. 4031 AN ORDINANCE, repealing Ordinance No. 2444, adopted June 20, 1973, and amended by Ordinance No. 2824, adopted May 28, 1975, and Ordinance No. 3530, adopted June 16, 1978, and enacting a new ordinance in lieu thereof on the same subject; providing revenue for the operation and general purposes of the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District and The Metropolitan St. Louis Sewer District, and also to provide funds to pay interest on and to retire sewerage system revenue bonds of the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District; providing a schedule of charges effective July 1, 1980, 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 Coldwater Creek Trunk 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. Ordinance No. 2444, adopted June 20, 1973 and amended by Ordinance No. 2824, adopted May 28, 1975, and Ordinance No. 3530, adopted June 16, 1978, is hereby repealed effective July 1, 1980, and a new ordinance in lieu thereof hereby enacted, also effective July 1, 1980, without, however, altering 2 or extinguishing the legal relationships established by such ordinances or the procedure for enforcement thereof provided in such ordinances. Section Two. For the purpose of providing independent revenue for the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District, and 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 by collecting and treating the sewage flowing in such Subdistrict, the Coldwater Creek Trunk 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 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 3 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 the 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 charge and 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 Three. 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 Coldwater Creek Trunk Subdistrict, or when such facility is 4 situated within 150 feet of such real property, is of adequate capacity, and is at a proper elevation to serve such real property. Additionally, if 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, or if the discharge of such substances therefrom ultimately enters said systems and facilities, such lot or parcel shall be deemed served. Section Four. Bills for sewer use or service charges shall be made out by the District for its Coldwater Creek Trunk Subdistrict, may be issued each six months by cycle, or a bill for the six month period from January 1 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 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 5 then administratively separated into the proper funds and accounts. Section Five. 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 the 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 $20.00 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 $15.00 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. 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 6 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, or specifically excluded therefrom by provisions thereof: WATER CONSUMPTION RATE EACH SIX MONTHS PREVIOUS SIX MONTHS PER 100 CUBIC FEET (Ccf = 100 Cubic Feet) Minimum Charge $20.00 First 50 Ccf Minimum Charge Next 200 Ccf $0.295 Next 750 Ccf 0.275 Next 1,500 Ccf 0.230 Next 1,250 Ccf 0.220 Next 41,250 Ccf 0.210 Next 45,000 Ccf 0.190 SURCHARGES Surcharges on a uniform District-wide basis for the removal of suspended solids (SS) and biochemical oxygen demand (B.O.D.) exceeding normal sewage discharge as defined in District Ordinance No. 2289, adopted May 3, 1972, are hereby levied and 7 they shall be collected in addition to the normal sewer service charges established herein for Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District. Unless the context specifically indicates otherwise, the meaning of the terms used in this ordinance shall be as follows: 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 semiannual 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. The general requirements for determination of surcharge applicability in the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District, and the reporting, compilation and use of analytical data and other pertinent 8 information for said surcharges shall be as follows: 1. 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. 2. Each person subject to surcharge shall submit to the District on forms supplied by the District as stated in Ordinance No. 2289, adopted May 3, 1972, a certified statement concerning strength and volume of wastewater 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 the manhole or adequate place described in said Ordinance No. 2289 at a time period representative of normal operational conditions and utilizing accepted analytical procedures. 3. 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. In the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District, a surcharge shall be collected from any person discharging or responsible for the 9 discharge into the public sewerage system of suspended solids (SS) whose average concentration exceeds 350 mg/l with said surcharge calculated for each semi-annual billing period according to the following formula, to wit: Semi-Annual Charge = (SS-350) x 8.34 x F x 182.5 x 0.95 x $80.00 2000 In the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District, a surcharge shall be collected from any person discharging or responsible for the discharge into the public sewerage system of biochemical oxygen demand (B.O.D.) whose average concentration exceeds 300 mg/l with said surcharge calculated for each semi-annual billing period according to the following formula, to wit: Semi-Annual Charge = (B.O.D.-300)x 8.34 x F x 182.5 x 0.95 x $80.00 2000 All surcharges in the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District shall be calculated separately for each premise using wastewater flow proportioned average suspended solids concentration (SS) and/or average bio-chemical oxygen demand concentration (B.O.D) and the adjusted water consumption figure, and shall be determined and billed semi-annually in accordance with current billing procedures and using current reported analytical data. Section Six. 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 Coldwater 10 Creek Trunk 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 days of the adoption of this ordinance, if not presently so registered, 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, industrial wastes, water or other liquids either directly or indirectly into the Coldwater Creek Trunk 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 Seven. Where it can be shown to the 11 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 12 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 Eight. 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 Nine. 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 in a duly designated bank account, and said funds shall be allocated as provided for in Ordinances No. 764, adopted May 29, 1962, and No. 1029, adopted August 28, 1963, and for the operation and general purposes of The Metropolitan St. Louis Sewer District. Section Ten. 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 location as are selected by him and may provide in such contracts for the payment by the Subdistrict to the collecting agency for 13 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 Eleven. 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 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 Twelve. The sewer service charge and rates for the use and services of the sewerage system and facilities within and for the Coldwater Creek Trunk 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 14 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 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 Fifteen. Any person violating any of the 15 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 Subdistrict. 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 or otherwise) from the payment of any sewer service charge which is due and payable under the provisions of Ordinance No. 2444, as amended by Ordinance No. 2824 and Ordinance No. 3530, nor to bar the collection of same by any and all of the means therein provided. 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 16 violation of aforesaid Ordinance No. 2444, as amended by Ordinance No. 2824 and Ordinance No. 3530, nor to bar the prosecution of any such violation in the manner provided therein. Section Nineteen. This Ordinance shall take effect on July 1, 1980. The foregoing Ordinance was adopted May 28, 1980.