HomeMy Public PortalAbout07543SECTION EIGHT AMENDED BY #8878 - 2/10/93 AMENDED BY ORDINANCE NO. 8659 - 5/13/92 AMENDED BY 9508 - 3/9/95
O R D I N A N C E NO. 7543
AN ORDINANCE establishing the schedule of Capital
Improvement Surcharges approved by the voters at a special election
called by The Metropolitan St. Louis Sewer District for the purpose
of financing certain sewage treatment facilities and other capital
improvements required by the Federal Clean Water Act and the
Missouri Clean Water Law.
WHEREAS, a special election was held within The
Metropolitan St. Louis Sewer District (the "District") on Tuesday,
August 2, 1988, for the purpose of submitting to the qualified
voters of the District pursuant to the provisions of Article X,
Section 22(a) of the Missouri Constitution a proposition to approve
a schedule of capital improvement surcharges (the "Capital
Improvement Surcharges") to be collected for a period of not to
exceed seven years from all of the property served by the sewerage
facilities of the District for the purpose of financing certain
sewage treatment facilities and other capital improvements required
by the provisions of the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq., commonly referred to as the
Federal Clean Water Act (the "Federal Clean Water Act") and the
Missouri Clean Water Law to remove pollutants in wastewater
discharges to the Mississippi, Missouri and Meramec Rivers; and
WHEREAS, said special election was held in the District
on Tuesday, August 2, 1988, and it was found and determined that
more than a majority of the qualified voters of the District voting
on the proposition had voted in favor of the schedule of Capital
Improvement Surcharges, the vote on said proposition being 129,844
votes in favor of such proposition and 66,118 votes against such
proposition; and
WHEREAS, the Board of Trustees has determined that it is
appropriate to codify the schedule of Capital Improvement
Surcharges which was adopted by the voters at said special election
held in the District on August 2, 1988 into the District's code of
ordinances;
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 Capital Improvement Surcharge.
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"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.
"Capital Improvement Surcharges" means the capital
improvement surcharges approved by a majority of the qualified
voters of the District voting thereon at an election held on August
2, 1988, imposed by the District pursuant to Ordinance No. 7456,
and further implemented and imposed by the District pursuant to
this Ordinance.
"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.
"Clean Water Capital Improvement Trust Fund" means the
fund by that name created by Ordinance No. 7456.
"Consent Decree and Compliance Projects" means the
following projects:
Bissell Point Secondary Treatment
Bissell Point Overflow Regulation System
Bonfils-Missouri Bottoms Interception System
Woodside Trails Interceptor
Meramec Bottoms Interception System
Baumgartner Facilities Upgrade
Coldwater Creek Wastewater Treatment Plant Outfall
"Consent Decree Grants" means any federal or state grants
provided to the District to fund a portion of the costs of Consent
Decree and Compliance Projects.
"District" means The Metropolitan St. Louis Sewer
District.
"Extra Strength Capital Improvement Surcharges" means the
extra strength capital improvement surcharges imposed by Section
3(2)(B) of this Ordinance.
"Multi-unit 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.
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"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" means Property with an active sewer connection,
either directly or indirectly, to a sanitary or drainage facility
owned or operated by the District and lying within the District, or
to Property which otherwise discharges Wastewater directly or
indirectly into such facilities, or if the discharge of some
substances therefrom ultimately enters said facilities.
"Sewer Service Charges" means all charges imposed for
services of the District pursuant to Ordinance No. 7450 of the
District, adopted May 11, 1988, as from time to time amended, or
any ordinance which replaces or supersedes Ordinance No. 7450.
"System" means the entire sewer and drainage system owned
and operated by the District for the collection, storage, handling,
and treatment of Wastewater, for the collection, storage, handling,
and treatment of Stormwater 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.
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"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.
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"Stormwater" means any water or drainage resulting from
precipitation which may or may not be mixed with an accumulation of
dirt, soil, and other debris or substances collected from the
surface on which such precipitation falls or flows.
"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.
"Unit" means the portion of a Multi-unit Residence
occupied by one family.
"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.
"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.
Section Two. Establishment of Capital Improvement
Surcharges. There are hereby ratified, confirmed and established
Capital Improvement Surcharges for services provided by the
District to any Property served by the System as set forth in
Appendix 1 effective on January 1, 1989 through December 31, 1995,
unless sooner terminated as hereinafter provided, as approved by
the voters on August 2, 1988. All such Capital Improvement
Surcharges shall be in addition to any other rates, rentals or
charges now or hereinafter imposed by the District.
Section Three. Capital Improvement Surcharges.
(1) Residential Property.
(A) Capital Improvement Surcharges are hereby levied and
shall be collected from all Residential Property according to
Schedule A as set forth in Appendix 1.
(B) 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 Capital Improvement Surcharges for such Residential
Property User be levied and collected according to Schedule B
as set forth in Appendix 1. Applications shall be in writing
on forms provided by the District. A Residential Property
User electing to be charged Capital Improvement Surcharges
according to Schedule B shall be charged Sewer Service Charges
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on the same basis and shall never 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 Users electing to be
charged for Capital Improvement Surcharges according to
Schedule B shall also be subject to Extra Strength Capital
Improvement Surcharges as set forth in Section 3(2)(B), if
applicable.
(2) Non-residential Property.
(A) Capital Improvement Surcharges are hereby levied and
shall be collected from all Non-residential Property according
to Schedule B as set forth in Appendix 1. Such charges shall
be calculated separately for each premise using the adjusted
water consumption figure which shall be determined in
accordance with current billing procedures and using the most
current available data.
(B) Extra Strength Capital Improvement Surcharges to
provide System capacity for the treatment of wastes containing
Suspended Solids, Biochemical Oxygen Demand or Chemical Oxygen
Demand exceeding Normal Wastewater are hereby ratified and
levied at the rates established in Appendix 1, and they shall
be collected in addition to the charges imposed by Subsection
(A) hereof.
(i) A User shall be subject to Extra Strength
Capital Improvement Surcharges in any month if that
User's water usage in such month equals or exceeds eight
thousand cubic feet.
(ii) Each User subject to Extra Strength Capital
Improvement 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 considered current
for each subsequent billing period until such data is
reported inaccurate and replaced by updated certified
data by said User. The results of routine scheduled
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sampling and analyses by 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.
An Extra Strength Capital Improvement Surcharge shall be
collected from any User subject to Extra Strength Capital
Improvement Surcharges as provided in (i) above for the discharge
into the System of Suspended Solids (SS) whose average
concentration exceeds 350 milligrams per liter or Biochemical
Oxygen Demand (BOD) whose average concentration exceeds 300
milligrams per liter, with said Extra Strength Capital Improvement
Surcharge calculated for each billing period according to the
following formula, to-wit:
Extra
Strength
Capital
Improvement 0.00624 x V
Surcharge = 2000 x [(SS-350) x RSS + (BOD-300) x RBOD]
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 District may substitute COD measurements
and the Extra Strength Capital Improvement Surcharge will be
calculated for each billing period according to the following
formula, to wit:
Extra
Strength
Capital
Improvement 0.00624 x V
Surcharge = 2000 x [(SS-350) x RSS + (COD-600) x RCOD]
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.
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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 Extra Strength Capital Improvement 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, and if the supply is not measured by
a water meter, or is measured by a water meter not acceptable
to the District, then in such case, the User, at his own
expense shall: (i) 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 District, or (ii) provide a
meter or such other means of measuring the quantity of water
actually entering the System from the Property of such User as
shall be approved in writing by the Director of Finance of the
District. The quantity of water used to determine the Capital
Improvement Surcharge 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 by Non-residential
Property, such source of water shall be registered with the
Director of Finance of the District within thirty days.
(D) Where it can 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 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 System. In such case,
Capital Improvement Surcharges shall be based upon the
percentage of the metered water entering the 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 System from the Property of such User,
and the quantity of water used to determine the Capital
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Improvement Surcharge shall be the quantity of water actually
entering the System as so determined.
Applications requesting consideration for a reduction in
the Capital Improvement Surcharge, because of water not entering
the System, shall be made to the Director of Finance of the
District, on forms provided by the District.
Section Four. Billing. Bills for Capital Improvement
Surcharges 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 through September 30 shall be issued in July, August or
September. Quarterly bills for the period October 1 through
December 31 shall be issued in October, November or December.
Semi-annual bills for the period January 1 through 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 or semi-annual
bills may be delayed by the District for good cause.
The Capital Improvement Surcharges shall be billed to the
Person or Persons holding a permit for or who is liable for water
service to the Property. Such Capital Improvement Surcharges shall
also constitute a personal obligation of any User of the System and
shall constitute a charge and a lien against the Property.
For the District's convenience, all individual Capital
Improvement Surcharges may be combined and Capital Improvement
Surcharges may be combined with any other charges, including Sewer
Service Charges, of the District, and all such charges may be
billed together, provided that the Capital Improvement Surcharges
shall be shown as a separate charge on such bills.
Section 3(1) of this Ordinance allows Capital Improvement
Surcharges to be levied and collected from Residential Property in
accordance with Schedule A or Schedule B. Upon receipt of an
"Application for Change in Billing Basis for Residential Property",
the change in billing will take effect in the next designated
billing period.
Section Five. Collection Offices. Collection offices
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may be established at convenient locations throughout the District.
The Director of Finance 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
and may provide in such contracts for the payment by the District
of a fee to the collecting establishment for rendering such
collection services.
Section Six. Charge for Late Payments. If any Capital
Improvement Surcharges billed are not paid by the due date
indicated on any bill rendered, then an additional late payment
charge equal to one and one-half percent (1-1/2%) per month of the
amount of the bill rendered is hereby imposed for each month or
portion thereof the bill remains unpaid beyond the due date until
such time as a notice of lien is filed against the Property served
pursuant to Section Seven below.
Section Seven. Capital Improvement Surcharges a Lien.
The Capital Improvement Surcharges shall constitute a lien upon the
Property Served by the System on the date a bill therefore is
rendered, and all Capital Improvement Surcharges that remain unpaid
shall bear interest at the rate of nine percent (9%) per annum from
the time a notice of lien is filed with the appropriate Recorder of
Deeds as hereunder prescribed.
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, St. Louis County, or such other counties in which Property
Served by the System is located, as the case may be. Such notice
of lien shall state the amount of the delinquent Capital
Improvement Surcharges and shall adequately describe the Property
against which such lien is asserted. A copy of such notice of lien
shall 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.
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 prerequisite to releasing said lien.
Section Eight. Termination of Service for Non-Payment.
Where any Capital Improvement Surcharge 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 Capital Improvement Surcharge is delinquent or to
remove or close any sewer connections, or both, until payment of
the delinquent charge together with the reasonable costs involved
in shutting off and turning on the water or closing and reopening
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the sewer connection, as the case may be, have been paid.
When any Capital Improvement Surcharge 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 System; or may
refuse to have a review 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 Nine. Remedies. Whenever a Capital Improvement
Surcharge is unpaid after ninety days from the date the bill for
such charge 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
Capital Improvement Surcharges 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, shall be available and may be used by the District as a
set-off of any unpaid or delinquent charges against such Person.
Section Ten. False Information. It shall be unlawful
for any Person to furnish any false report or information to the
District which would tend to reduce Capital Improvement Surcharges
imposed by the District.
Section Eleven. 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 or 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 Capital Improvement Surcharges.
Section Twelve. Clean Water Capital Improvement Trust
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Fund. The proceeds of such Capital Improvement Surcharges and any
Consent Decree Grants shall be deposited in the special trust fund,
known as the "Clean Water Capital Improvement Trust Fund." In the
event the proceeds of such Capital Improvement Surcharges and any
Consent Decree Grants which have been collected and deposited in
the Clean Water Capital Improvement Trust Fund, together with the
net earnings thereon, total $436,000,000 before December 31, 1995,
the District shall terminate imposition of such Capital Improvement
Surcharges as of the first day of the next succeeding calendar
month which is at least 30 days following the date such total has
been collected. Further, in the event prior to December 31, 1995,
the construction and improvement of the Consent Decree and
Compliance Projects has been completed at a total cost of less than
$436,000,000, the District shall terminate imposition of such
Capital Improvement Surcharges as of the first day of the next
succeeding calendar month which is at least 30 days following the
date of completion of the Consent Decree and Compliance Projects.
The moneys in the Clean Water Capital Improvement Trust Fund shall
be maintained by the Secretary-Treasurer of the District and all
expenditures of funds arising from the Clean Water Capital
Improvement Trust Fund shall be by an appropriation ordinance
adopted by the Board of Trustees of the District. Any funds in the
Clean Water Capital Improvement Trust Fund which are not needed for
current expenditures shall be invested by the District in
accordance with applicable provisions of the District's Plan
relating to the investment of other District funds and the net
earnings on such investments shall be deposited in the Clean Water
Capital Improvement Trust Fund. Any moneys remaining in the Clean
Water Capital Improvement Trust Fund on completion of the Consent
Decree and Compliance Projects shall be refunded by the District to
the customers of the District as a credit on the next billing for
Sewer Service Charges by the District.
Section Thirteen. Expenditures. Expenditures shall be
made by the District from the Clean Water Capital Improvement Trust
Fund only for paying the costs of the Consent Decree and Compliance
Projects.
Section Fourteen. Accounting and Audit. The Secretary-
Treasurer of the District shall provide the Board of Trustees of
the District with a monthly accounting showing in reasonable detail
all financial transactions relating to the Clean Water Capital
Improvement Trust Fund for each monthly accounting period. Such
accounting shall be provided to the Board of Trustees at the first
regular Board meeting which is at least 10 business days following
the close of each calendar month. The District shall cause an
independent audit to be made of the Clean Water Capital Improvement
Trust Fund at least annually in accordance with the requirements of
the District's Plan.
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Section Fifteen. Severability. The Board of Trustees
hereby declares that if any section, part, sentence or clause of
this Ordinance is held invalid, such invalidity shall not affect
the remainder of this Ordinance, the Board of Trustees hereby
declaring that it would have enacted the remainder of this
Ordinance without regard to that part hereof that may be held
invalid.
Section Sixteen. Prior Ordinances. 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
other or prior ordinance, nor to bar the collection of same by any
and all of the means provided for in said other or prior ordinance.
This Ordinance shall not be so construed as to relieve any Person
from any penalty heretofore incurred by the violation of any other
or prior ordinance nor to bar the prosecution of any such violation
in the manner provided therein.
Section Seventeen. Effective Dates. This Ordinance
shall be in full force and effect from and after January 1, 1989
through December 31, 1995, unless sooner repealed.
The foregoing Ordinance was adopted September 14, 1988.
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APPENDIX 1
CAPITAL IMPROVEMENT SURCHARGES
Schedule A
Residential Property (per month)
Single Unit Residence $ 6.50
Multi-unit Residence $ 4.88/unit
Schedule B
Non-residential Property (per month)
Base Charge $ 6.50
Volume Charge
All Volume $ .47/100 cubic feet
Extra Strength Capital Improvement Surcharges if water usage
equals or exceeds 8000 cubic feet per month:
Suspended Solids (SS)
over 350 mg/liter
(milligrams per liter) $ 77.50/ton
Biochemical Oxygen Demand (BOD)
over 300 mg/liter
(milligrams per liter) $184.50/ton
Chemical Oxygen Demand (COD)
over 600 mg/liter
(milligrams per liter) $ 92.25/ton