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HomeMy Public PortalAbout08657 O R D I N A N C E NO. 8657 REPEALED BY NO. 9029 - 6/16/93 AN ORDINANCE, repealing Ordinance No. 8370, adopted May 8, 1991 and enacting in lieu thereof a new ordinance providing a revised schedule of Sewer Service Charges. 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 sewer and drainage system serving the District and its inhabitants (the "System") and pursuant to Section 3.020(1) of the Plan of the District adopted by the voters within the District for its government (the "Plan"), has the power "to maintain, operate, reconstruct, and improve the same as a comprehensive sewer and drainage system, and to make additions, betterments, and extensions thereto; to protect the public health and welfare by preventing or abating the pollution of water; and . . . [has] all the rights, privileges, and jurisdiction necessary or proper for carrying such powers into execution"; and WHEREAS, the District is subject to the provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 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 has obtained construction grants from the Missouri Department of Natural Resources and the Environmental Protection Agency (the "Grants") for improvements to the sewer and drainage System of the District and has entered into grant agreements with such governmental agencies as a condition to obtaining Grants (the "Grant Agreements"); and WHEREAS, the District has heretofore entered into Consent Decrees with the State of Missouri and the United States of America obligating the District to undertake a program consisting of the modification of certain sewerage facilities within the District to achieve and maintain compliance with the Clean Water Act, the Missouri Clean Water Law and the District's National Pollutant Discharge Elimination System Permits issued by the State of Missouri; and WHEREAS, the federal regulations promulgated pursuant to the Clean Water Act and the District's Grant Agreements require the District to "review not less often than every two years the wastewater contribution of users and user classes, the total cost of operation and maintenance of the treatment works, and its approved user charge system...and to revise the charges for users or user classes to accomplish the following: (1) Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein; (2) generate sufficient revenue to pay the total operation and maintenance - 2 - costs necessary to the proper operation and maintenance (including replacement) of the treatment works..."; and WHEREAS, pursuant to the Clean Water Act, the District is obligated to maintain uniform and equitable user charges throughout the District; and WHEREAS, Section 3.020 (16) of the Plan of the District authorizes the Board of Trustees "to establish by ordinance a schedule or schedules of rates, rentals, and other charges, to be collected from all the real property served by the sewer facilities of the District, whether public or private, and to prescribe the manner in which and time at which such rates, rentals, and charges are to be paid, and to change such schedule or schedules from time to time as the Board may deem necessary, proper, or advisable, and to collect or enforce collection of all such charges. Such schedule or schedules may be based upon any classifications or sub-classifications which the Board may determine to be fair and reasonable . . . . Any such rates, rentals, or other charges against public property shall be paid out of the general treasury of the public body, agency, corporation, or authority owning such property."; and WHEREAS, the Board has caused a rate study to be prepared which recommends the collection of a revised schedule of Wastewater User Charges as provided in this Ordinance as necessary and appropriate to provide the District sufficient revenue to operate, maintain, replace, and improve the District's sewer facilities, to establish uniform and equitable user charges throughout the District, and to maintain a proportionate distribution of operation and maintenance costs among users and user classes as required herein; and WHEREAS, the Board does hereby find and determine that the imposition of the schedule of Wastewater Charges as provided in this Ordinance, will enable the District to operate its system on a sound basis, and satisfies the requirements of the Clean Water Act, the Missouri Clean Water Law, the District's Grant Agreements and the rules and regulations of the United States Environmental Protection Agency; and WHEREAS, the Board does further find and determine that the classification of Users provided for in this Ordinance and the allocation of the costs of providing service among such User classes is fair and reasonable; and WHEREAS, the Board 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 system on a sound basis, and is required by the Clean Water Act, the - 3 - Missouri Clean Water Law, the District's Grant Agreements and the rules and regulations of the United States Environmental Protection Agency; and WHEREAS, the Board shall engage the services of consultants to prepare a Study of Wastewater User Charge Methodology (the "Rate Methodology Study") for the District, which will analyze implementation of a new method for determining and billing of Wastewater User Charges to Residential customers which will base Wastewater User Charges on metering of water usage by Residential customers, and in areas where water meters are not available, on the density of housing, cost of delivering services, the number of rooms, the number and kind of plumbing fixtures in and upon such residential properties and other criteria as by law and in the District Plan provided; and WHEREAS, such Study is expected to be presented to the Board by September 30, 1992; and WHEREAS, the Board intends that the Schedule of increased Wastewater User Charges as provided in this Ordinance is a temporary measure to provide the District with additional revenues which are essential to enable the District to operate, maintain and replace the Sewer System of the District and to comply with the federal Clean Water Act and the Missouri Clean Water Law; and WHEREAS, after receipt of the Rate Methodology Study the Board shall hold public hearings and informational meetings to determine the methodology for establishing and billing of Wastewater User Charges to Residential customers which is fair and equitable and serves the needs of the District and its customers and is in compliance with the federal Clean Water Act and the Missouri Clean Water Law; and WHEREAS, the Board shall proceed to consider desired changes in the District's Wastewater User Charge system taking into consideration the results of such Rate Methodology Study and public hearings and deliberations by the Board thereon, by July 1, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Ordinance No. 8370 is hereby repealed, effective July 1, 1992. Section Two. 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: - 4 - "Application" means the filing of a request by the Owner of Residential Property for a change in the basis of billing for the Wastewater User Charge including 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 established for debt retirement, construction or reconstruction of the Sewerage System, and any other lawful purpose of the District or its subdistricts and not considered part of the Wastewater User Charge or Stormwater Service Charge, and the Capital Improvements Surcharge. "Capital Improvement Surcharges" means the Capital Improvement Surcharges established by the District from time to time by ordinance pursuant to Ordinance Nos. 7456 and 7543 of the District. "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. "Drainage Facility" means any system of artificially constructed drains, including open channels and separate stormwater sewers used to convey stormwater, surface water or groundwater, either continuously or intermittently to natural watercourses. "Extra Strength Surcharges" means the extra strength surcharges imposed by Section 4(2)(B) of this Ordinance. "Monitoring Costs" means the Schedule of Monitoring Costs referred to in Section 6 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. - 5 - "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. "Pollutant" means any material or substance, toxic or otherwise, discharged to the System which either singularly or in combination with other materials or substances interferes with, disrupts, or inhibits the System's operations, or is not in compliance with specific prohibitions or standards developed by federal, state or local governments, or passes through the System in a concentration which violates established effluent regulations or water quality standards. "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 such substances therefrom ultimately enters said facilities. "Sewer Service Charges" means all charges established for services of the District pursuant to this Ordinance. "Sewerage" means a comprehensive term which includes facilities for collecting, pumping, treating and disposing of wastewater. "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 - 6 - 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. 8472 of the District, adopted August 14, 1991, 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 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 surfaces on which such precipitation falls or flows. "Stormwater Service Charge" means the charges established by Section 5 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. "Unit" means the portion of a Multi-unit Residence occupied by one family. "User" means the occupant, or Owner of Property, the Person holding a permit for water service to the Property Served by the System, 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. "Wastewater User Charge" means the applicable charges established by Section 4 of this Ordinance, which consists of that portion of the Sewer Service Charges of the District which are established in a proportional and adequate manner to pay the cost of operation and maintenance (including replacement) of the Wastewater facilities of the District in accordance with the requirements of the United States Environmental Protection Agency and the Missouri Department of Natural Resources. - 7 - Section Three. Establishment of Sewer Service Charges. There are hereby ratified, confirmed and established for services provided by the District and any Property Served by the System, the Sewer Service Charges as set forth in Appendix I through June 30, 1993, and from and after June 30, 1993 the Sewer Service Charges as set forth in Appendix II. All such Sewer Service Charges shall be in addition to any applicable Capital Charges and shall be reflected on bills issued by the District after June 30, 1992. Section Four. Sewer Service Charges. (1) Residential Property. (A) Wastewater User Charges are hereby established and shall be collected from all Residential Property Served by the Sewer System according to Schedule A as set forth in Appendix I through June 30, 1993, and from and after June 30, 1993, according to Schedule A as set forth in Appendix II. Such Wastewater User Charges shall be in addition to any applicable Capital Charges. (B) The District shall have the power to enter on any Residential Property for the purposes of examining the use made of its System, the number and kind of plumbing fixtures connected with such System, and the number of Persons Served by such System. When such examination gives reason to believe that the usage of water on such Residential Property places a burden on the System in excess of that which is placed by other Residential Property then the Wastewater discharged 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, Sewer Service Charges for such Residential Property shall be collected according to Schedule B as set forth in Appendix I through June 30, 1993, and from and after June 30, 1993, according to Schedule B as set forth in Appendix II. (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 Sewer Service Charges for such Residential Property User be established and collected according to Schedule B. Applications shall be in writing on forms provided by the District. A Residential Property User electing to be charged Sewer Service Charges according to Schedule B shall never again be charged according to Schedule A until and unless there is a new Owner who may make Application to - 8 - the District for a return to billing under Schedule A. All Residential Property Users electing to be charged for Sewer Service Charges according to Schedule B shall also be subject to Extra Strength Surcharges as set forth in Section 4(2) (B), if applicable. (2) Non-residential Property (A) Wastewater User Charges are hereby established and shall be collected from all Non-Residential Property Served by the Sewer System according to Schedule B as set forth in Appendix I through June 30, 1993, and from and after June 30, 1993, according to Schedule B as set forth in Appendix II. 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. Such Wastewater User Charges shall be in addition to any applicable Capital Charges. (B) Extra Strength Surcharges for the treatment of wastes containing Suspended Solids, Biochemical Oxygen Demand or Chemical Oxygen Demand exceeding Normal Wastewater are hereby established and shall be collected from all Non-Residential Property Served by the Sewer System at the rates set forth in Appendix I through June 30, 1993, and from and after June 30, 1993, at the rates set forth in Appendix II, and they shall be collected in addition to the charges imposed by Subsection (A) hereof. (i) A User shall be subject to Extra Strength 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 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 - 9 - each subsequent billing period until such data is reported inaccurate and replaced by updated certified data by said User. The results of routine scheduled 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 Surcharge shall be collected from any User subject to Extra Strength 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 Surcharge calculated for each billing period according to the following formula, to-wit: 0.00624 x V Extra Strength Surcharge = --------------- 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 District may substitute COD measurements and the Extra Strength Surcharge will be calculated for each billing period according to the following formula, to wit: 0.00624 x V Extra Strength Surcharge = ------------ 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. - 10 - RCOD = Unit charge for COD in dollars per ton. 2,000 = The number of pounds per ton. All Extra Strength 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 Sewer 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 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, Sewer Service Charges 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 for the Property of such User, and the quantity of water used to determine the Sewer Service Charge shall be the quantity of water actually entering the System as so determined. Applications requesting consideration for a reduction in the Sewer Service Charge, because of water not entering the - 11 - System, shall be made to the Director of Finance of the District, on forms provided by the District. Section Five. Stormwater Service Charges. (1) Residential Property. Stormwater Service Charges are hereby established and shall be collected from all Residential Property according to Schedule A as set forth in Appendix I. If Residential Property is subject to billing under Schedule B for Sewer Service Charges as determined under Section 4(1)(B)(C), Stormwater Service Charges shall also be established and collected according to Schedule B. (2) Non-residential Property. Stormwater Service Charges are hereby established and shall be collected from all Non-residential Property according to Schedule B as set forth in Appendix I. Section Six. Monitoring Reports. 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 program requirements, the User of such Property monitored shall furnish the District at least one report for each quarterly calendar period from an independent testing laboratory satisfactory to the District, which report shall set forth the information required by the District on forms supplied by the District. As an alternative to furnishing the reports herein required, the User of such Property may request the District to collect the necessary samples and perform the analysis thereof. If the District agrees to so act, the User of such Property shall be billed for and agree to pay all costs for personnel, material and equipment used to collect and analyze samples from the User's Wastewater as set forth in the schedule of charges in Appendix III hereof. 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. The District may terminate such collection and analysis at any time and it shall thereafter be the obligation of the User of such Property to furnish the test information called for above from an independent testing laboratory. Section Seven. Pollutants. Any User which discharges any Pollutants which cause an increase in the cost of managing the effluent or sludge from the System shall pay for such increased costs. - 12 - Section Eight. Billing. Bills for Sewer Service Charges 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 and semi-annual bills may be delayed by the District for good cause. The Sewer Service Charges shall be billed to the Person or Persons holding a permit for or who is liable for water service to the Property. Such Sewer Service Charges 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 Sewer Service Charges may be combined and Sewer Service Charges may be combined with any other charges of the District, and all such charges may be billed together. Section 4 (1)(B) of this Ordinance allows Sewer Service Charges to be established 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 Nine. Charge for Late Payments. If any Sewer Service Charges 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 lien is recorded against the Property served pursuant to Section Ten below. Section Ten. Sewer Service Charges a Lien. The Sewer Service Charges shall constitute a lien upon the Property Served by the System on the date a bill therefor is rendered and said lien shall have the same priority as taxes levied for state and county purposes. All Sewer Service Charges that remain unpaid shall bear interest at a rate not to exceed the lower of eighteen - 13 - percent (18%) per annum or the maximum legal rate 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 Sewer Service Charges and shall adequately describe the Property against which such lien is asserted. A copy of such notice of lien shall be mailed to the 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 thirty 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 Eleven. Termination of Service for Nonpayment. Where any Sewer Service Charge has not been paid and has been delinquent for a period of one year, the District shall have the right to order the water supply to be shut off for the Property for which the Sewer 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 involved in shutting off and turning on the water or closing and reopening the sewer connection, as the case may be, have been paid. When any Sewer 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 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 Twelve. Remedies. Whenever a charge is unpaid after ninety days from the date the bill for such 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 charges plus the late payment charge and interest on the delinquent bill, plus a reasonable attorney's fee to be fixed by the court. - 14 - 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. A Credit Committee 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 and Finance, the Assistant General Counsel, and the Secretary-Treasurer of the District. Section Thirteen. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would tend to reduce Charges imposed by the District. Section Fourteen. 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 Charges. Section Fifteen. Sewer Service Charge Review. The Board shall review the Sewer Service Charges at least biennially and, to the extent permitted by law, adjust such Sewer Service Charges as required by the Clean Water Act, the Grant Agreements, and any outstanding bonds 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. (c) Provide adequate revenues for the payment of debt service on or required by the provisions of any outstanding subdistrict revenue bonds. Section Sixteen. 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. - 15 - Section Seventeen. Deposit of Funds. The funds received from the collection of any of the aforesaid charges shall be deposited daily as received 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 subdistricts. Section Eighteen. Collection Offices. Collection offices 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 Nineteen. 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 Ordinance, 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 Twenty. 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-One. 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 subdistricts. Section Twenty-Two. This Ordinance shall become effective on July 1, 1992. - 16 - APPENDIX I SEWER SERVICE CHARGES Wastewater Stormwater User Charge* Service Charge RESIDENTIAL PROPERTY (per month) Schedule A Single Unit $8.18 $0.24 Multi-unit (per unit) $6.15 $0.18 NON-RESIDENTIAL PROPERTY (per month) Schedule B (All Users other than Residential) Base Charge $7.78 $0.24 Volume Charge All Volume $0.58/100 cu. ft. Extra strength sanitary surcharges if water usage equals or exceeds 8000 cubic feet per month: Suspended Solids (SS) over 350 mg/liter (milligrams per liter) $117.00/ton Biochemical Oxygen Demand (BOD) over 300 mg/liter (milligrams per liter) $195.50/ton Chemical oxygen Demand (COD) over 600 mg/liter (milligrams per liter) $97.75/ton ----- *Rates in effect through June 30, 1993. - 17 - APPENDIX II SEWER SERVICE CHARGES Wastewater Stormwater User Charge* Service Charge RESIDENTIAL PROPERTY (per month) Schedule A Single Unit $4.18 $0.24 Multi-unit (per unit) $3.15 $0.18 NON-RESIDENTIAL PROPERTY (per month) Schedule B (All Users other than Residential) Base Charge $4.40 $0.24 Volume Charge All Volume $0.29/100 cu. ft. Extra strength sanitary surcharges if water usage equals or exceeds 8000 cubic feet per month: Suspended Solids (SS) over 350 mg/liter (milligrams per liter) $88.40/ton Biochemical Oxygen Demand (BOD) over 300 mg/liter (milligrams per liter) $47.60/ton Chemical oxygen Demand (COD) over 600 mg/liter (milligrams per liter) $23.80/ton ----- *Rates in effect from and after July 1, 1993 unless a new schedule of rates is adopted by ordinance subsequent hereto and prior to July 1, 1993. The foregoing Ordinance was adopted May 13, 1992.