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HomeMy Public PortalAbout06576 O R D I N A N C E NO. 6576 AN ORDINANCE ESTABLISHING NEW WASTEWATER SERVICE RATES FOR THE BONFILS WATERSHED, THE MISSISSIPPI RIVER SUBDISTRICT, SUBDISTRICT NO. 150 (SUGAR CREEK), THE COLDWATER CREEK SUBDISTRICT, THE ELLISVILLE SERVICE AREA, THE SPANISH LAKE WATERSHED, THE SPANISH LAKE NO. 1, THE FEE FEE TRUNK SEWER SUBDISTRICT, THE MANCHESTER SERVICE AREA, THE MISSOURI BOTTOMS SERVICE AREA, THE VALLEY SEWAGE COMPANY SERVICE AREA, THE FENTON SERVICE AREA, THE SOUTH COUNTY SERVICE AREA, THE TWIN OAKS SERVICE AREA, THE VALLEY PARK SERVICE AREA, THE TERRI-ROBYN SERVICE AREA, THE FOREST RIDGE SERVICE AREA, THE RIVERSIDE SERVICE AREA, THE MARTIGNEY SERVICE AREA AND THE ST. LOUIS COUNTY SEWER COMPANY SERVICE AREA OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT. WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, a municipal corporation and a political subdivision of the State of Missouri (herein called the "District"), now owns and operates a revenue producing sewerage system serving the District and its inhabitants; and WHEREAS, the District is subject to the provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 466 et seq., commonly referred to as the Clean Water Act (the "Clean Water Act") the stated objective of which is to restore and maintain the chemical, physical and biological integrity of the nation's waters; and WHEREAS, the District desires to make extensions and improvements to its sewerage system to bring the District into compliance with the Clean Water Act; and WHEREAS, the District is authorized under the provisions of Article VI, Section 30 of the Missouri Constitution and the Plan of the District adopted by the voters within the District for its government (the "Plan"), to issue and sell revenue bonds for the purpose of paying all or part of the cost of acquiring, constructing, improving or extending sewer or drainage facilities (collectively the "sewerage system" or "system") of the District, provided that the cost of operation and maintenance thereof and the principal of and interest on such revenue bonds shall be payable solely from the revenues derived by the District from the operation of such system; and WHEREAS, pursuant to such authority, a special election was held in the District on Tuesday, August 7, 1984, for the purpose of submitting to the qualified electors of the District the question whether to issue the Clean Water Revenue Bonds of the District in the amount of $60,000,000 for the purpose of extending and improving the sewerage system of the District, the cost of operation and maintenance of said system and the principal of and interest on said revenue bonds to be payable solely from the revenues derived by the District from the operation of its sewerage system, including all future extensions and improvements thereto; and WHEREAS, said special election was held in the District on Tuesday, August 7, 2 1984, pursuant to the Plan of the District and the Constitution and laws of the State of Missouri and it was found and determined that more than four-sevenths of the qualified electors of the District voting on the question had voted in favor of the issuance of said sewerage system revenue bonds for the purpose of aforesaid, the vote on said question having been 154,168 voters for said question to 81,764 votes against said question; and WHEREAS, the Board of Trustees of the District has caused plans for a four year capital improvement program to be prepared to bring the District into compliance with the Clean Water Act (the "Clean Water Capital Improvement Program"); and WHEREAS, on March 13, 1985, the Board of Trustees of the District (the "Board") adopted Ordinance No. 5919 (the "Bond Ordinance") authorizing the issuance of $8,600,000 in principal amount of its Adjustable Rate Limited Tender Option Clean Water Revenue Bonds, Series A 1985 (the "Bonds") and the District has issued said Bonds pursuant to said Bond Ordinance; and WHEREAS, under the provisions of the Bond Ordinance the District has covenanted and agreed that the District will fix, establish, maintain and collect such rates, fees and charges for the use and services furnished by or through its sewerage system, including all extensions and improvements thereto hereafter constructed or acquired by the District, as will produce revenues sufficient, together with other funds appropriated by the Board to (i) pay the cost of the operation and maintenance of said system; (ii) pay the principal of and interest on the Bonds as and when the same become due; (iii) enable the District to have in each fiscal year net operating revenues from said system in an amount that will not be less than 110% of the amount required to be paid by the District in such fiscal year on account of both principal of and interest on all sewerage system revenue bonds at the time outstanding; and (iv) provide reasonable and adequate reserves for the payment of the bonds and the interest thereon and for the protection and benefit of the sewerage system of the District as provided in the Bond Ordinance; and WHEREAS, in order to comply with the Bond Ordinance and covenants and the rules and regulations of the United States Environmental Protection Agency, the Board of Trustees adopted a rate ordinance, Ordinance No. 5921 ("1985 Rate Ordinance") on March 13, 1985; and WHEREAS, the 1985 Rate Ordinance made certain findings with respect to the purposes for and issuance of the Bonds and the necessity of modifying the District's rates, fees and charges; and WHEREAS, the Board of Trustees hereby incorporates and reconfirms its findings set forth in the 1985 Rate Ordinance; and WHEREAS, the District has caused a study of the District's user charges for the fiscal year ending June 30, 1987 to be prepared by the District's consulting engineers; and WHEREAS, said rate study found and recommended that the District modify its rates, fees and charges in order to comply with the Bond Ordinance and covenants and the rules and 3 regulations of the United States Environmental Protection Agency; and WHEREAS, the Board of Trustees has determined that modification of its rates, fees and charges, as proposed in this Ordinance necessary and appropriate to comply with the Bond Ordinance and covenants and the rules and regulations of the United States Environmental Protection Agency; and WHEREAS, the Board of Trustees of the District does hereby find and determine that the adoption of this Ordinance is in the public interest of the District and its residents, will further the purposes of the District, is necessary to enable the District to operate its sewerage system on a sound basis, and is required by the Bond Ordinance of the District, the District's grant agreements and the rules and regulations of the United States Environmental Protection Agency; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Definitions of Words and Terms. In addition to words and terms defined elsewhere in this Ordinance, the following words and terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended: "Application" means the filing of a request by the Owner of Residential Property for a change in the basis of billing for the Wastewater Service Charge and, if applicable, the Stormwater Service Charge. "Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter in 5 days as determined by Standard Methods and expressed in milligrams per liter. "Board" means the Board of Trustees of the District. "Capital Charge" means that portion of the total charges for services provided by the District which is levied for debt retirement, construction or reconstruction of the Sewerage System, and any other lawful purpose of the District or its Service Areas and not considered part of the User Charge. "Chemical Oxygen Demand" or "COD" means the quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter as determined by Standard Methods and expressed in milligrams per liter. "District" means The Metropolitan St. Louis Sewer District. "Effective Date" means July 1, 1986. "Monitoring Costs" means the Schedule of Monitoring Costs established by Section 5 of this Ordinance. 4 "Multiunit Residence" means Residential Property which consists of a dwelling under one roof for occupancy by more than one family, including but not limited to flats, apartments, condominiums and the like. "Non-residential Property" means all Property other than Residential Property. "Normal Wastewater" means waters or wastes having (a) a 5-day Biochemical Oxygen Demand (BOD) not greater than 300 milligrams per liter; (b) containing not more than 350 milligrams per liter Suspended Solids (SS); and (c) having a Chemical Oxygen Demand (COD) not greater than 600 milligrams per liter. "Ordinance" means this Ordinance of the District as from time to time amended. "Owner" or "Owners means both the owner or owners of record of Property 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. "Person" means any individual, firm, proprietorship, partnership, company, municipality, association, society, corporation, group or other entity. "Property" means an improved lot or parcel of real property, whether public or private, which is Served by the System. "Residential Property" means Property used only for human residency. "Served" refers to Property with an active sewer connection, either directly or indirectly, to a sanitary or storm sewer facility owned or operated by the District and lying within a subdistrict or service area, or to Property which otherwise discharges Wastewater directly or indirectly into such facilities, or if the discharge of such substances therefrom ultimately enters said facilities. 5 "Service Areas" means Bonfils Watershed, Coldwater Creek Subdistrict, Fee Fee Trunk Sewer Subdistrict, Fenton Service Area, Forest Ridge Service Area, Ellisville Service Area, Manchester Service Area, Mississippi River Subdistrict, Missouri Bottoms Service Area, Riverside Service Area, South County Service Area, Spanish Lake No. 1, Spanish Lake Watershed, Subdistrict No. 150 (Sugar Creek), Terri-Robyn Service Area, Twin Oaks Service Area, Valley Park Service Area, Valley Sewage Company Service Area, Martigney Service Area and St. Louis County Sewer Company Service Area and any Property served by the System. "Service Charges" means all charges imposed for services of the District pursuant to this Ordinance. "Sewerage System" or "System" means the entire sewerage plant and system owned and operated by the District for the collection, storage, handling and treatment of Wastewater, and combined sewers for the collection, storage, treatment and handling of Wastewater and Stormwater to serve the needs of the District and its inhabitants and others, including all appurtenances and facilities connected therewith or relating thereto, together with all extensions, improvements, additions and enlargements thereto hereafter made or acquired by the District. "Sewer Use Ordinance" means Ordinance No. 4786 of the District, adopted August 11, 1982, as from time to time amended. "Single Unit Residence" means Residential Property used as a dwelling by one family only. "Standard Methods" means the latest edition of "Standard Methods for the Examination of Water and Wastewater" as published jointly by The American Public Health Association, The American Water Works Association and The Water Pollution Control Federation. "Stormwater" means any water resulting from precipitation which may or may not be mixed with an accumulation of dirt, soil and other debris or substances collected from the surfaces on which such precipitation falls or flows. "Stormwater Service Area" means any area where stormwater facilities have been dedicated to the District and the District has accepted dedication of said facilities or the District has adopted a resolution accepting the responsibility for operation and maintenance of stormwater facilities. "Stormwater Service Charges" means the charges imposed by Section 4 of this Ordinance. "Surcharges" means the surcharges imposed by Section 3(2)(B) of this Ordinance. "Suspended Solids" or "SS" means solids that either float on the surface of, or are suspended in water, Wastewater or other liquids; as determined by analysis for nonfilterable residue, in accordance with Standard Methods and expressed in milligrams per liter. 6 "Toxic Pollutants" means any substance whether gaseous, liquid or solid which, when discharged to a Wastewater system or watercourse in sufficient quantities, interferes with or passes through any Wastewater treatment process, or constitutes a hazard to human beings, animal life, plant life or inhibits aquatic life. "User" means the occupant, or Owner of the Property, the Person holding a permit for water service to the Property, or any Person Served by the System. "User Charge" means that portion of the total charges for services of the District which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the Sewerage System in accordance with the requirements of the United States Environmental Protection Agency and the Missouri Department of Natural Resources. "Wastewater" means the water-borne wastes emanating from Residential Property or Non-residential Property, together with such groundwater, surface water or Stormwater as cannot be avoided. "Wastewater Service Charge" means the charges imposed by Section 2 of this Ordinance. Section Two. Establishment of New Wastewater Service Rates. There are hereby established rates for Wastewater services provided by the District in the Bonfil's Watershed, the Mississippi River Subdistrict, the Subdistrict No. 150 (Sugar Creek), the Coldwater Creek Subdistrict, the Ellisville Service Area, the Spanish Lake Watershed, the Fee Fee Trunk Sewer Subdistrict, the Missouri Bottoms Subdistrict, the Valley Sewage Company Service Area, the Spanish Lake No. 1, the Fenton Service Area, the South County Service Area, the Twin Oaks Service Area, the Terri-Robyn Service Area, the Forest Ridge Service Area, the Riverside Service Area, the Martigney Service Area, the St. Louis County Sewer Company Service Area, the Manchester Service Area, the Valley Park Service Area and any Property served by the System as set forth in Appendices 1(a)-(e) for the respective Service Area(s) effective as of July 1, 1986. Section Three. Wastewater Service Charges. (1) Residential Property. (A) Charges for the discharge of wastewater from Residential Property are hereby levied and collected according to Schedule A as set forth in Appendix 1. (B) The District shall have the power to enter on any Residential Property for the purposes of examining the use made of its Sewerage System, the number and kind of plumbing fixtures connected with such Sewerage System, and the number of Persons Served by such Sewerage System. When such examination gives reason to believe that the usage of water on such Residential Property places a burden on the Sewerage System in excess of that which is placed by other Residential Property in the same Service Charge rate classification, then the Wastewater discharged 7 from such Residential Property shall be measured, at the expense of the user, by a water meter or meters or by a sewage flow meter or meters. If such measurement shows that the flow of Wastewater is excessive, charges for the discharge of Wastewater from such Residential Property shall be levied and collected according to Schedule B as set forth in Appendix 1. (C) A Residential Property user who currently has, or will install at his expense with the approval of the appropriate public water supplier, a water meter or meters or a sewage flow meter or meters, may make Application requesting that charges for the discharge of Wastewater from such Residential Property be levied and collected according to Schedule B as set forth for the respective Service Area in Appendix 1. Applications shall be in writing on forms provided by the District. A Residential Property electing to be charged for Wastewater service according to Schedule B shall not ever again be charged according to Schedule A until and unless there is a new Owner who may make Application to the District for a return to billing under Schedule A. All Residential Property electing to be charged for Wastewater service according to Schedule B shall also be subject to surcharges as set forth in Section 3(2)(B), if applicable, and Stormwater Service Charges under Schedule B as set forth in Section 4, if applicable. (2) Non-residential Property. (A) Charges for the discharge of Wastewater from Non-residential Property are hereby levied and collected according to Schedule B as set forth in Appendix 1. (B) Surcharges for the treatment of wastes containing Suspended Solids, Biochemical Oxygen Demand or Chemical Oxygen Demand exceeding Normal Wastewater are hereby levied or ratified at the rates established in Appendix 1 for the respective Service Area, and they shall be collected in addition to the charges imposed by Subsection (A) hereof. (i) A User shall be subject to Surcharges if that User's water usage in any month equals or exceeds eight thousand cubic feet. (ii) Each User subject to Surcharges shall submit to the District on forms supplied by the District pursuant to the Sewer Use Ordinance, a certified statement setting forth the strength and volume of Wastewater discharged by the User into the System or into any sewer connected thereto. The data set forth in such statement shall be obtained from samples collected in accordance with standard accepted procedures from the manhole or adequate place as described in the Sewer Use Ordinance at a time period representative of normal operational conditions and analyzed utilizing accepted analytical procedures. (iii) Analytical data reported by the User discharging such Wastewater will be considred 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 smapling and anlyses by the Industrial Waste Division of the District may be used in lieu of data reported by said User if such data is found to be not current or in error. A Surcharge shall be collected from any User for the discharge into the Sewerage System of Suspended Solids (SS) whose average concertration exceeds 350 milligrams per liter or 8 Biochemical Oxygen Demand (BOD) whose aerage concentration exceeds 300 milligrams per liter, with said Surcharge calculated for each billing period according to the following formula, to wit: Surcharge = 0.00624 x V x [(SS-350) x RSS + (BOD-300) x RBOD] 2000 Where the BOD/COD ratio of a User's Wastewater is equal to or less than 0.35, generally indicating that the BOD measurement may not be considered representative of the User's actual Wastewater strength, the Industrial Waste Division of the District may substitute COD measurements and the surcharge will be calculated for each billing period according to the following formula, to wit: Surcharge = 0.00624 x V x [(SS-350) x RSS + (COD-600) x RCOD] 2000 In the above formulas the following terms shall mean: 350 = Concentration of total Suspended Solids in Normal Wastewater in milligrams per liter. 300 = Concentration of total BOD in Normal Wastewater in milligrams per liter. 600 = Concentration of total COD in Normal Wastewater in milligrams per liter. 0.00624 = Conversion factor for milligrams per liter to pounds per hundred cubic feet. V = Volume of water usage or Wastewater discharged expressed in hundred cubic feet. RSS = Unit charge for SS in dollars per ton. RBOD = Unit charge for BOD in dollars per ton. RCOD = Unit charge for COD in dollars per ton. 2,000 = The number of pounds per ton. All Surcharges shall be calculated separately for each Property using the Wastewater flow proportioned average strength concentration for each strength parameter and the water usage data for the billing period. (C) In the event Non-residential Property 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 Director of Finance of the District within forty-five days 9 of the Effective Date 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 Dsitrict, then in such case, the User, at his own expense shall install and maintain water meters on all sources meeting the standards of meters used by the City of St. Louis Water Division or the St. Louis County Water Company and otherwise satisfactory to the Dsitrict, and the quantity of water used to determine the Wastewater 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 supplier or source of water other than a public water supplier shall be put into use after the Effective Date of this Ordinance by Non-residnetial Property, such source of water shall be registered with the Director of Finance of the District within thirty days. (D) Where it cna be shown to the satisfaction of the District that a portion of the water as measured by the water meter or meters does not enter the Sewerage System, then the District is hereby authorized to determine, in such manner and by such method as may be practicable, the percentage of the water measured by the meter which enters the Sewerage System. In such case, Wastewater Service Charges shall be based upon the percentage of the metered water entering the Sewerage System. Additional meters may be required or permitted at the User's expense in such manner as to measure the quantity of water actually entering the Sewerage System from the Property of such User, and the quantity of water used to determine the Wastewater Service Charge shall be the quantity of water actually entereing the Sewerage System as so determined. Applications requesting consideration for a reduction in the Wastewater Service Charge, because of water not entering the Sewerage System, shall be made to the Director of Finance of the District, on forms provided by the District. 10 Section Four. Stormwater Service Charges. (1) The District currently provides Stormwater service in the Mississippi River Subdistrict, the Coldwater Creek Subdistrict and Subdistrict No. 150 (Sugar Creek). The District hereby establishes as separate chartes the rates set forth in Appendix 2 for Stormwater service in these Service Area effective as of July 1, 1986. (2) Residential Property. Charges for Stormwater service to Residential Property in the Stormwater Service Area are hereby levied and collected according to Schedule A as set forht in Appendix 2. Residential Property subject to billing under Schedule B as determined under Section 3(1)(B) or (C) shall also be charged for Stormwater Service according to Schedule B as set forth in Appendix 2. (3) Non-Residential Property. (A) Charges for Stormwater service to Non-residential Property in the Stormwater Service Area are hereby levied and collected according to Schedule B as set forth in Appendix 2. (B) One of four specific categories shall be assigned to each Property of each User subject to the Schedule B Stormwater Service Charges. The categories, referred to as Category I, II, III or IV shall be assigned based on the percentage of total land area of each Property that is covered by a structure or surface impervious to Stormwater. The four categories of imperviousness are as follows: Percent of Category Impervious Area I 24 or less II 25 to 49 III 50 to 74 IV 75 to 100 (C) The Director of Finance shall determine the area, expressed in number of acres, and category of each Property by any of the following: (i) Information obtained from other governmental agencies alerady in possession of such data; (ii) On-site measurements; (iii) Computation using available data including but not limited to maps, plots, information, real estate data or other published information from the City of St. Louis or the St. Louis County Assessor's Office or any other City, County or governmental agency or other source; 11 (iv) Estimation based on site inspection, interview or use of aerial photographs or zoning maps. (D) In absence of either the area or category of any Property, the minimum charge shall be assessed as set forth in Appendix 2. (E) Where it can be established to the satisfaction of the District that provision has been made for effective on-site Stormwater detention for a Property, that Property shall upon request be placed in the next lower category than it would otherwise be placed. (F) Any User who disputes the finding of the total area of their Property of the category into which it has been placed may petition the Director of Finance of the District for a revision of adjustment. Such petition shall be in writing and accompanied by sufficient facts, figures, plans, plots and/or surveys to fully document the total area of said Property and the total impervious area. The petitioner shall have the burden of proof. Upon review of a petition, the Director of Finance of the Distircht shall accept the request whenever the accompnaying documentation is deemed sufficient to substantiate the revision or adjustment. Section Five. Monitoring Costs. When the Sewer Use Ordinance of the District or regulations of the federal government or state government require periodic monitoring of Wastewater from Non-residential Property, whether for strength calculations, for National Pollutant Discharge Elimination system compliance, or for pretreatment progrma requirements, user of such Property monitored shall be billed for all costs for personnel, material and equipmetn used to collect and anlyze samples from the User's Wastewater in accordance with the Schduel of Monitoring Costs set forht in Appendix 3 effective as of July 1, 1986. Each User shall be billed based on the number of samples collected and the number and types of analyses performed during each billing period and billed in accordance with current billing procedures. A User shall not be billed for more than four (4) such samplings per year for each connection to the System. Sampling and analysis undertaken for purposes other than required periodic monitoring shall not be billed for Monitoring Costs under this section. Section Six. Toxic Pollutants. Any User which discharges any Toxic Pollutants which cause an increase in the cost of managing the effluent or sludge from the System shall pay for such increased costs. Section Seven. Billing. Bills for Service Charges and Monitoring Costs shall be prepared by the District and shall be issued monthly, quarterly by cycle or semi-annually by cycle. Quarterly bills for the three month period from January 1 through March 31 shall be issued in January, February or March. Quarterly bills for the period April 1 through June 30 shall be issued in April, May or June. Quarterly bills for the period July 1 thorugh September 30 shall be issued in July, August or September. Quarterly bills for the period October 1 through December 31 12 shall be issued in October, November or December. Semi-annual bills for the period January 1 thorugh June 30 shall be issued in January, February, March, April, May or June. Semi-annual bills for the period July 1 through December 31 shall be issued in July, August, September, October, November or December. The issuance of any monthly, quarterly and semi-annual bills may be delayed by the District for good cause. The Service Charge and Monitoring Costs shall be billed to the Person or Persons holding a permit for or who is liable for water service to the Property. Such Service Charge or Monitoring Costs shall also constitute a personal obligation of any User of the System and shall consitute a charge and a lien against the Property. For the District's convenience, all individual Service Charges may be combined and Service Charges may be combined with any other charges of the District or its Service Areas, and all such charges may be billed together. Section 3(1)(c) allows for residential property to be charged for the discharge of wastewater in accordance with Schedule A or Schedule B. Upon receipt of an "Application for Change in Billing Basis for Residential Property," the change in billin will take effect in the next designated billing period, but not before January 1, 1987. Section Eight. Charge for Late Payments. If any Service Charges or Monitoring Costs billed are not paid by the due date indicated on any bill rendered, then an additional late payment charge equal to fifteen percent (15%) of the amount of the bill rendered is hereby imposed and shall be a lien on the Prperty and shall be collecte dalong with the Service Charges and Monitoring Costs. Unpaid Service Charges and Monitoring Costs shall also bear interest at the rate of nine percentum (9%) per annum when unpaid six (6) months beyond the due date, including such charge for late payment. 13 Section Nine. Charges a Lien. The Service Charges shall constitute a lien upon the Property Served by the System on the date a bill therefore is rendered. The Director of Administration of the District 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 case may be. Such notice of lien shall state the amount of the delinquent Service Charges and shall adequaltey describe the Property against which such lien is asserted. If the Director of Administration of the District so directs, a copy of such notice of lien may be mailed to the reputed Owner of the Property 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 Property Served shall have priority over all other such liens including taxes, deeds of trust whether or record or not, and prior judgments. After such notice 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-requisit to releasing said lien. Section Ten. Termination of Service for Non-payment. Where any Service Charge has not been paid and has been delinquent for a period of six months, the District shall have the right to order the water supply to be shut off for the Property for which the Service Charge is delinquent or to remove or close any sewer connections, or both, until payment of the delinquent charge together with the reasonable costs involed in shutting off and turning on the water or closing and reopeneing the sewer connection, as the case may be, have been paid. When any Service Charge has not been paid and has been delinquent for more than fifteen days after the due date, then the District may refuse to the User a permit to connect any other Property belonging to said User to the Sewerage System; or may refuse to have a reivew made of any plans submitted by or on behalf of such User, as required by District ordinances; or refuse to contract for any purpose with or accept Wastewater from any such User. Section Eleven. Remedies. Whenever a Service Charge of Monitoring Cost 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 District shall have the power to sue any User, jointly or severally, in a civil action to recover delinquent Service Charges or Monitoring Costs plus the late payment charge and interest on the delinquent bill, plus a reasonable attorney's fee to be fixed by the court. Any funds owed by the District to any Person for any reason may be used by the District as a set-off against any charges owed by the Person to the District, whether delinquent or not. The overpayment by any Person of any charges made by the District, whether Service 14 Charges, Monitoring Costs for plan review or any similar or other charge shall be available and may be used by the Dsitrict as a set-off of any unpaid and delinquent charge against such Person. A Credit Committe is hereby established to monitor credit and collection activities and policies of the District. Said Credit Committee shall be comprised of the Directors of Administration, Finance and Legal Services and the Secretary-Treasurer of the District. Section Twelve. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would tend to reduce Service Charges or any other charges imposed by the District. Section Thirteen. Violation of Ordinance. 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 Service Charges or Monitoring Costs. Section Fourteen. Rate Review. The User Charges shall be reviewed and adjusted by the Board at least biennially to: (a) Maintain the proportional distribution of operation, maintenance and replacement costs among User classes. (b) Provide adequate revenues to cover operation, maintenance and replacement costs. Section Fifteen. Notice of Rates. All Users of the System shall be notified at least annually in conjunction with a regular billing for Service Charges as to: (a) the rate schedule in effect; and (b) that part of Service Charges attributable to Wastewater services. Section Sixteen. Deposit of Funds. The funds received from the collection of any of the aforesaid charges shall be deposited daily as receved by the Secretary-Treasurer of the District, and shall be deposited in duly designated bank accounts, and such moneys may be appropriated and used for the purposes of the District and its Service Areas. Section Seventeen. Collection Offices. Collection offices may be established at convenient locations throughout the District. The Secretary-Treasurer is hereby authorized to enter into contracts with the owners or operators of business establishments to provide collection services at such locations as are selected any may provide in such contracts for the payment by the District of a fee to the collecting establishment for rendering such collection services. 15 Section Eighteen. Severability. The Board 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 Ordinnance, the Board hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. Section Nineteen. Prior Ordinances. The provisions contained in this Ordinance shall take the place of and supersede the provisions of all prior ordinances relating to the same subject matter which are herewith inconsistent. This Ordinance shall not be so construed as to relieve any Person from the payment of any charge which is due and payable under the provisions of any prior ordinance, nor to bar the collection of same by any and all of the means provided for in said prior ordinance. This Ordinance shall not be so construed as to relieve any Person from any penalty heretofore incurred by the violation of any prior ordinance nor to bar the prosecution of any such violation in the manner provided therein. Section Twenty. Powers of District Hereunder. The provisions of this Ordinance and the power and authority granted hereby shall be applied and exercised by the District for itself and for its subdistrict and service areas. Section Twenty-one. Effective Date. This Ordinance shall take effect on July 1, 1986. APPENDIX 1 BONFILS WATERSHED, COLDWATER CREEK SUBDISTRICT, ELLISVILLE SERVICE AREA, FOREST RIDGE SERVICE AREA, MANCHESTER SERVICE AREA, MISSISSIPPI RIVER SUBDISTRICT, MISSOURI BOTTOMS SERVICE AREA, RIVERSIDE SERVICE AREA, SOUTH COUNTY SERVICE AREA, SPANISH LAKE NO. 1, SPANISH LAKE WATERSHED, SUBDISTRICT NO. 150 (SUGAR CREEK), TERRI-ROBYN SERVICE AREA, TWIN OAKS SERVICE AREA, VALLEY PARK SERVICE AREA, VALLEY SEWAGE COMPANY SERVICE AREA, AND ANY PROPERTY SERVED BY THE SYSTEM FOR WHICH A RATE IS NOT OTHERWISE SPECIFIED WASTEWATER SERVICE CHARGES User Charge Capital Charge Total Portion Portion Portion RESIDENTIAL PROPERTY Schedule A - $ per unit Rate 1 (Single Unit Residence) $ 4.18/month $ 0.13/month $ 4.31/month Rate 2 (Multiunit Residence) $ 3.15/month $ 0.09/month $ 3.24/month NON-RESIDENTIAL PROPERTY Schedule B Service Charge $ 4.40/month $ 0.05/month $ 4.45/month Volume Charge All Volume $ 0.29/Ccf $ 0.01/Ccf $ 0.30/Ccf Surcharges RSS $88.40/Ton $ 1.10/Ton $89.50/Ton RBOD $47.60/Ton $ 2.40/Ton $50.00/Ton RCOD $23.80/Ton $ 1.20/Ton $25.00/Ton Ccf = 100 cubic feet 1-a FEE FEE TRUNK SEWER SUBDISTRICT WASTEWATER SERVICE CHARGES User Charge Capital Charge Total Portion Portion Portion RESIDENTIAL PROPERTY Schedule A - $ per unit Rate 1 (Single Unit Residence) $ 4.18/month $ 1.23/month $ 5.41/month Rate 2 (Multiunit Residence) $ 3.15/month $ 0.93/month $ 4.08/month NON-RESIDENTIAL PROPERTY Schedule B Service Charge $ 4.40/month $ 0.05/month $ 4.45/month Volume Charge All Volume $ 0.29/Ccf $ 0.13/Ccf $ 0.42/Ccf Surcharges RSS $88.40/Ton $ 1.10/Ton $89.50/Ton RBOD $47.60/Ton $ 2.40/Ton $50.00/Ton RCOD $23.80/Ton $ 1.20/Ton $25.00/Ton Ccf = 100 cubic feet 1-b WASTEWATER SERVICE CHARGES FENTON SERVICE AREA User Charge Capital Charge Total Portion Portion Portion RESIDENTIAL PROPERTY Schedule A - $ per unit Rate 1 (Single Unit Residence) $ 4.18/month $ 0.24/month $ 4.42/month Rate 2 (Multiunit Residence) $ 3.15/month $ 0.17/month $ 3.32/month Rate 1 with Lift Station $ 4.18/month $ 1.24/month $ 5.42/month Rate 2 with Lift Station $ 3.15/month $ 1.17/month $ 4.32/month NON-RESIDENTIAL PROPERTY Schedule B Minimum Charge $ 7.22/month $ 1.36/month $ 8.58/month Volume Charge First 10 Ccf Minimum Minimum Minimum Over 10 Ccf $ 0.29/Ccf $ 0.13/Ccf $ 0.42/Ccf Surcharges RSS $88.40/Ton $ 1.10/Ton $89.50/Ton RBOD $47.60/Ton $ 2.40/Ton $50.00/Ton RCOD $23.80/Ton $ 1.20/Ton $25.00/Ton Ccf = 100 cubic feet 1-c WASTEWATER SERVICE CHARGES MARTIGNEY SERVICE AREA User Charge Capital Charge Total Portion Portion Portion RESIDENTIAL PROPERTY Schedule A - $ per unit Rate 1 (Single Unit Residence) $ 4.18/month $ 2.97/month $ 7.15/month Rate 2 (Multiunit Residence) $ 3.15/month $ 2.57/month $ 5.72/month Rate 1 with Lift Station $ 4.18/month $ 3.82/month $ 8.00/month Rate 2 with Lift Station $ 3.15/month $ 3.27/month $ 6.42/month NON-RESIDENTIAL PROPERTY Schedule B Minimum Charge $ 6.93/month $ 0.22/month $ 7.15/month Volume Charge First 9 Ccf Minimum Minimum Minimum Over 9 Ccf $ 0.29/Ccf $ 0.425/Ccf $ 0.715/Ccf Surcharges RSS $88.40/Ton $ 1.10/Ton $89.50/Ton RBOD $47.60/Ton $ 2.40/Ton $50.00/Ton RCOD $23.80/Ton $ 1.20/Ton $25.00/Ton Ccf = 100 cubic feet 1-d WASTEWATER SERVICE CHARGES ST. LOUIS COUNTY SEWER COMPANY SERVICE AREA User Charge Capital Charge Total Portion Portion Portion RESIDENTIAL PROPERTY Schedule A - $ per unit Rate 1 (Single Unit Residence) $ 4.18/month $ 2.75/month $ 6.93/month Rate 2 (Multiunit Residence) $ 3.15/month $ 2.39/month $ 5.54/month Rate 1 with Lift Station $ 4.18/month $ 3.72/month $ 7.90/month Rate 2 with Lift Station $ 3.15/month $ 3.17/month $ 6.32/month NON-RESIDENTIAL PROPERTY Schedule B Minimum Charge $ 6.93/month $ 6.93/month Volume Charge First 9 Ccf Minimum Minimum Minimum Over 9 Ccf $ 0.29/Ccf $ 0.425/Ccf $ 0.715/Ccf Surcharges RSS $88.40/Ton $ 1.10/Ton $89.50/Ton RBOD $47.60/Ton $ 2.40/Ton $50.00/Ton RCOD $23.80/Ton $ 1.20/Ton $25.00/Ton Ccf = 100 cubic feet 1-e APPENDIX 2 STORMWATER SERVICE CHARGES MISSISSIPPI RIVER SUBDISTRICT, COLDWATER CREEK SUBDISTRICT, SUBDISTRICT NO. 150 (SUGAR CREEK) User Charge Capital Charge Total Portion Portion Portion RESIDENTIAL PROPERTY Schedule A - $ per unit Rate 1 (Single Unit Residence) $ 0.24/month $ 0.24/month Rate 2 (Multiunit Residence) $ 0.18/month $ 0.18/month NON-RESIDENTIAL PROPERTY Schedule B Category I - per Acre $ 0.54/month $ 0.54/month Category II - per Acre $ 1.19/month $ 1.19/month Category III - per Acre $ 1.99/month $ 1.99/month Category IV - per Acre $ 2.81/month $ 2.81/month Minimum $ 0.24/month $ 0.24/month 2-a APPENDIX 3 SCHEDULE OF WASTEWATER MONITORING COSTS A. Sampling The cost per sample collected is $22.56. B. Analysis The cost for each analysis performed on each sample is set forth in the following schedules: I. Routine Laboratory Analyses ITEM PARAMETER CHARGE ITEM PARAMETER CHARGE $ $ 1. Acidity 6.50 27. Nitrate 7.60 2. Alkalinity 6.50 28. Nitrite 7.60 3. Ammonia 9.00 29. pH 4.40 4. Arsenic (HGA) 23.40 30. Phenols (4 AAP) 10.60 5. Barium 11.70 31. Phosphate, ortho 7.20 6. Bioscreen (by Daphnia 26.00 32. Phosphate, total 14.40 7. BOD 12.40 33. Selenium (HGA) 23.40 8. Cadmium 11.70 34. Silver 11.70 9. COD 10.30 35. Solids, total 9.20 10. Chloride 6.10 36. Solids, suspended 7.30 11. Chromium, hex 9.40 37. Solids, vol. suspended 7.30 12. Chromium, total 11.70 38. SVS (with susp.) 3.70 13. Color 7.90 39. Solids, Settleable 4.10 14. Conductance 5.60 40. Sulfate, turb. 6.90 15. Copper 11.70 41. Sulfide 6.50 16. Cyanides, total 13.60 42. Sulfite 6.40 17. Cyanides, amendable 43. Surfactants (MBAS) 10.80 (includes total cyanide) 27.20 44. TOC 21.40 18. Fluoride 10.00 45. Toxicity Extraction Proc. 19. Grease and Oil 12.60 Prep. 184.00 20. Infrared, Extract & Interp. 42.50 (Total Cost Metals 126.00 21. Iron 11.60 = $570) Pesticides 130.00 22. Kjeldahl Nitrogen 10.60 Herbicides 130.00 23. Lead 11.70 46. Zinc 11.70 24. Mercury 23.40 47. Total Coliform (MF) 9.50 25. Microscopic Exam. 6.30 48. Fecal Coliform (MF) 9.50 26. Nickel 11.70 49. Fecal Strep (MF) 9.50 3-a II. Organic Priority Pollutant Analyses ID EXTRACTION ANALYSIS EPA METHOD NO. COMPOUND CHARGE CHARGE $ $ 601 (Purgeable Halocarbons) 038 Bromodichloromethane 0 72.00(A) 039 Bromoform 0 72.00(A) 040 Bromomethane 0 72.00(A) 043 Carbon tetrachloride 0 72.00(A) 046 Chlorobenzene 0 72.00(A) 047 Chloroethane 0 72.00(A) 048 2-Chloroethylvinyl ether 0 72.00(A) 049 Chloroform 0 72.00(B) 068 trans-1,2-Dichloroethene 0 72.00(B) 050 Chloromethane 0 72.00(A) 059 Dibromochloromethane 0 72.00(A) 065 1,1-Dichloroethane 0 72.00(A) 066 1,2-Dichloroethane 0 72.00(A) 067 1,1-Dichloroethene 0 72.00(A) 070 1,2-Dichloropropane 0 72.00(A) 071 cis & trans-Dichloropropene 0 72.00(A) 099 Methylene chloride 0 72.00(A) 119 1,1,2,2-Tetrachloroethane 0 72.00(C) 120 Tetrachloroethene 0 72.00(C) 124 1,1,1-Trichloroethane 0 72.00(A) 125 1,1,2-Trichloroethane 0 72.00(A) 126 Trichloroethene 0 72.00(A) 126 Vinyl chloride 0 72.00(A) 602 (Purgeable Aromatics) 022 Benzene 0 72.00(D) 046 Chlorobenzene 0 72.00(D) 060 1,2-Dichlorobenzene 0 72.00(D) 061 1,3-Dichlorobenzene 0 72.00(D) 062 1,4-Dichlorobenzene 0 72.00(D) 088 Ethylbenzene 0 72.00(D) 121 Toluene 0 72.00(D) 603 (Acroleine & Acrylonitrile) 018 Acrolein 0 72.00(E) 019 Acrylonitrile 0 72.00(E) 604 (Phenols) 045 4-chloro-3-methylphenol 68.00 62.00(F) 052 2-chlorophenol 68.00 62.00(F) 069 2,4-Dichlorophenol 68.00 62.00(F) 074 2,4-Dimethylphenol 68.00 62.00(F) 078 2,4-Dinitro-2-methlyphenol 68.00 62.00(F) 079 2,4-Dinitrophenol 68.00 62.00(F) 102 2-Nitrophenol 68.00 62.00(F) 103 4-Nitrophenol 68.00 62.00(F) 3-b ID EXTRACTION ANALYSIS EPA METHOD NO. COMPOUND CHARGE CHARGE $ $ 604 (Phenols) cont. 114 Pentachlorophenol 68.00 62.00(F) 116 Phenol 68.00 62.00(F) 128 2,4,6-Trichlorophenol 68.00 62.00(F) 605 (Benzidines) 023 Benzidine Charges determined 063 3,3-Dichlorobenzidine on a case by case basis 606 (Phthalate Esters) 037 Bis(2-Ethylhexyl)phthalate 68.00 62.00(G) 042 Butylbenzyl phthalate 68.00 62.00(G) 073 Diethyl phthalate 68.00 62.00(G) 075 Dimethyl phthalate 68.00 62.00(G) 076 Di-n-butyl phthalate 68.00 62.00(G) 077 Di-n-octyl phthalate 68.00 62.00(G) 607 (Nitrosamines) 104 N-Netrosodimethylamine Charges determined 105 N-Nitrosodi-n-propylamine on a case by case 106 N-Nitrosodiphenylamine basis 608 (Organochlorine Pesticides and PCBs) 020 Aldrin 68.00 62.00(H) 029 A-BHC 68.00 62.00(H) 030 B-BHC 68.00 62.00(H) 031 D-BHC 68.00 62.00(H) 032 G-BHC 68.00 62.00(H) 044 Chlordane 68.00 62.00(H) 055 4,4-DDD 68.00 62.00(H) 056 4,4-DDE 68.00 62.00(H) 057 4,4-DDT 68.00 62.00(H) 072 Dieldrin 68.00 62.00(H) 083 Endosulfan I 68.00 62.00(H) 084 Endosulfan II 68.00 62.00(H) 085 Endosulfan sulfate 68.00 62.00(H) 086 Endrin 68.00 62.00(H) 087 Endrin aldehyde 68.00 62.00(H) 091 Heptachlor 68.00 62.00(H) 092 Heptachlor epoxide 68.00 62.00(H) 122 Toxaphene 68.00 62.00(H) 107 PCB-1016 96.00 74.00(I) 108 PCB-1221 96.00 74.00(I) 109 PCB-1232 96.00 74.00(I) 110 PCB-1242 96.00 74.00(I) 111 PCB-1248 96.00 74.00(I) 112 PCB-1254 96.00 74.00(I) 113 PCB-1260 96.00 74.00(I) 3-c ID EXTRACTION ANALYSIS EPA METHOD NO. COMPOUND CHARGE CHARGE $ $ 609 (Nitoraromatics & Isophorone) 080 2,4-Dinitrotoluene 68.00 62.00(J) 081 2,6-Dinitrotoluene 68.00 62.00(J) 609 (Nitoraromatics & Isophorone) cont. 098 Isophorone 68.00 62.00(J) 101 Nitrobenzene 68.00 62.00(J) 610 (Polynuclear Aromatic Hydrocarbon) 016 Acenaphthene 68.00 62.00(K) 017 Acenaphthylene 68.00 62.00(K) 021 Anthracene 68.00 62.00(L) 115 Phenanthrene 68.00 62.00(L) 024 Benzo(A)anthracene 68.00 62.00(M) 054 Chryene 68.00 62.00(M) 025 Benzo(A)pyrene 68.00 62.00(K) 026 Benzo(B)fluoranthene 68.00 62.00(N) 028 Benzo(K)fluoranthene 68.00 62.00(N) 027 Benzo(GHI)perylene 68.00 62.00(K) 058 Benzo(AH)anthracene 68.00 62.00(P) 097 Indeno(1,2,3-CD)pyrene 68.00 62.00(P) 089 Fluoranthene 68.00 62.00(K) 090 Fluorene 68.00 62.00(K) 100 Naphthalene 68.00 62.00(K) 117 Pyrene 68.00 62.00(K) 611 (Haloethers) 033 Bis(2-chloroethyl)ether 68.00 62.00(R) 034 Bis(2-chloroethoxy)methane 68.00 62.00(R) 035 Bis(2-chloroisopropyl)ether 68.00 62.00(R) 041 4-Bromophenyl phenyl ether 68.00 62.00(R) 053 4-Chlorophenyl phenyl ether 68.00 62.00(R) 612 (Chlorinated Hydrocarbons) 051 2-Chloronaphthalene 68.00 62.00(S) 060 1,2-Dichlorobenzene 68.00 62.00(S) 061 1,3-Dichlorobenzene 68.00 62.00(S) 062 1,4-Dichlorobenzene 68.00 62.00(S) 093 Hexachlorobenzene 68.00 62.00(S) 094 Hexachlorobutadiene 68.00 62.00(S) 095 Hexachlorocyclopentadiene 68.00 62.00(S) 096 Hexachloroethane 68.00 62.00(S) 123 1,2,4-Trichlorobenzene 68.00 62.00(S) 3-d A - single charge for one or nineteen compounds B - single charge for one or both compounds C - single charge for one or both compounds D - single charge for one or seven compounds E - single charge for one or two compounds F - single charge for one or eleven compounds (extraction charge plus analysis charge) G - single charge for one or six compounds (extraction charge plus analysis charge) H - single charge for one or seventeen compounds (extraction charge plus analysis charge) except if preceded by G the charge is for analysis alone for one or seventeen compounds I - single charge for one or seven compounds (extraction charge plus analysis charge) J - single charge for one or four compounds (extraction charge plus analysis charge) except if preceded by G or H the charge is for analysis alone for one or four compounds K - single charge for one or eight compounds (extraction charge plus analysis charge) except if preceded by G, H or J the charge is for analysis alone for one or eight compounds L - single charge for one or both compounds (extraction charge plus analysis charge) except if preceded by G, H, J or K the charge is for analysis alone for one or both compounds. M - single charge for one or both compounds (extraction charge plus analysis charge) except if preceded by G, H, J, K, or L the charge if for analysis alone for one or both compounds N - single charge for one or both compounds (extraction charge plus analysis charge) except if preceded by G, H, J, K, L, or H the charge is for analysis alone for one or both compounds P - single charge for one or both compounds (extraction charge plus analysis charge) except if preceded by G, H, J, K, L, M, or N the charge is for analysis alone for one or both compounds R - single charge for one or five compounds (extraction charge plus analysis charge) except if preceded by G, H, J, K, L, M, N, or P the charge is for analysis alone for one or five compounds S - single charge for one or nine compounds (extraction charge plus analysis charge) except if preceded by G, H, J, K, L, M, N, P, or R the charge is for analysis alone for one or nine compounds The foregoing Ordinance was adopted May 28, 1986. 3-e