HomeMy Public PortalAbout04034SECTION 5 REPEALED BY ORDINANCE NO. 4428 - 7/1/81 O R D I N A N C E NO. 4034
AN ORDINANCE, repealing Ordinance No. 2382, adopted
January 26, 1973, and amended by Ordinance No. 3532, 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 Metropolitan St. Louis Sewer District (Bonfils Watershed)
and 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
Metropolitan St. Louis Sewer District (Bonfils Watershed);
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. 2382, adopted January 26,
1973, and amended by Ordinance No. 3532, 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hereby repealed effective July 1, 1980, and a new ordinance in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 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
2
revenue for The Metropolitan St. Louis Sewer District (Bonfils
Watershed), 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
collection and treating the sewage flowing in such Bonfils
Watershed, 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 Bonfils Watershed, 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 Bonfils Watershed, 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 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 the
users thereof. The sewer service charge or charges shall be
3
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
respective Recorders of Deeds for the City of St. Louis or 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
Metropolitan St. Louis Sewer District (Bonfils Watershed), or 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. 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
4
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 Bonfils Watershed, 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
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
5
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 $18.00 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 $13.50 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.
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
6
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 $18.00 First 50 Ccf Minimum Charge Next 200 Ccf $0.400 Next 750 Ccf 0.220 Next 2,750 Ccf 0.175 Next 41,250 Ccf 0.170 Over 45,000 Ccf 0.160 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
they shall be collected in addition to the normal sewer service
charges established herein for The Metropolitan St. Louis Sewer
District (Bonfils Watershed).
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.
7
B.O.D. = Average concentration of 5-day B.O.D. in water 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.
The general requirements for determination of surcharge
applicability in The Metropolitan St. Louis Sewer District
(Bonfils Watershed), and the reporting, compilation and use of
analytical data and other pertinent 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
8
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 Metropolitan St. Louis Sewer District (Bonfils
Watershed), a surcharge shall be collected from any person
discharging or responsible for the discharge into the public
sewerage system of suspended solids (SS) whose average
concentration exceeds 350 mg/1 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 Metropolitan St. Louis Sewer District (Bonfils
Watershed), a surcharge shall be collected from any person
9
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 Metropolitan St. Louis Sewer
District (Bonfils Watershed) shall be calculated separately for
each premise using wastewater flow proportioned average suspended
solids concentration (SS) and/or average biochemical oxygen demand
concentrations (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 Bonfils
Watershed 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
10
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 Bonfils Watershed 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
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
11
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 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
12
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 such moneys
may be appropriated and used for the operation and general
purposes of the Bonfils Watershed and The Metropolitan St. Louis
Sewer District.
Section Ten. 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 Eleven. If the charges provided hereinabove are
13
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 Twelve. The sewer service charge and rates for
the use and services of the sewerage system and facilities within
and for The Metropolitan St. Louis Sewer District (Bonfils
Watershed) 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 the City of St. Louis or St. Louis County, as the
14
case may be. 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 nine percentum (9%) 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 Thirteen. 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
15
sewer connection as the case may be, have been paid.
Section Fourteen. 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 of the 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 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
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
16
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 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. 2382, as
amended by Ordinance No. 3532, nor to bar the collection of same
by any and all of the means provided for in Ordinance No. 2382.
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. 2382, as amended by Ordinance No. 3532,
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.
17
The foregoing Ordinance was adopted May 28, 1980.