HomeMy Public PortalAbout09030 O R D I N A N C E NO. 9030 AMENDED BY #9183
AN ORDINANCE providing for revised Stormwater Service
Charges as herein provided.
WHEREAS, The Metropolitan St. Louis Sewer District, a
body corporate, municipal corporation and political subdivision of
the State of Missouri (herein called the "District"), was
established as a metropolitan sewer district under the provisions
of Section 30 of Article VI of the Constitution of the State of
Missouri, pursuant to a Plan adopted by the voters of St. Louis
City and St. Louis County at a special election held on Tuesday,
February 9, 1954 (the "Plan"); and
WHEREAS, the Plan established the District in the
interest of the public health and for the purpose of providing
adequate sewer and drainage facilities within the boundaries of the
District; and
WHEREAS, the Plan empowers the District with
jurisdiction, control, possession and supervision of sewer and
drainage systems and facilities as may be placed under the
District's jurisdiction in the manner provided in the Plan; to
maintain, operate, reconstruct and improve the same as a
comprehensive sewer and drainage system; to make additions,
betterments and extensions thereto; to protect the public health
and welfare by preventing or abating the pollution of water; and to
have all the rights, privileges and jurisdiction necessary or
proper for carrying such powers into execution; and
WHEREAS, the stormwater system within the District
consists of man made facilities and structures and natural water
courses used for collecting and conducting stormwater to, through
and from drainage areas to the points of final outlet including,
but not limited to, sewers, pipes, inlets, conduits and appurtenant
features, canals, creeks, channels, catch basins, ditches, streams,
gulches, gullies, flumes, culverts, siphons, retention or detention
basins, dams, flood walls, levies, and pumping stations (the
"Stormwater System"); and
WHEREAS, by Resolution No. 65 adopted by the Board of
Trustees of the District on May 21, 1956, the District accepted the
maintenance and operation of the portion of the Stormwater System
theretofore operated and maintained by the municipalities, sewer
districts and other public agencies within the boundaries of the
District established under the original Plan (the "Original Area");
and
WHEREAS, a special election was held on May 10, 1977
pursuant to which additional areas were annexed to the District
(the "Annexed Area"); and
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WHEREAS, by Resolution No. 1494 adopted by the Board of
Trustees of the District on April 27, 1977, the District
established a policy regarding the Stormwater System in the Annexed
Area which provided that the District would not assume immediate
control of the Stormwater System in the Annexed Area, but would
provide planning services and work with local municipal authorities
and other organizations and groups to coordinate stormwater and
drainage programs where such services were requested; and
WHEREAS, by Ordinance No. 7691 adopted by the Board of
Trustees of the District on February 22, 1989, the District
established a policy effective April 1, 1989, to regulate the
construction, alteration and reconstruction of all stormwater and
drainage facilities within the District and undertake the operation
and maintenance of those portions of the Stormwater System accepted
for dedication by the District within the boundaries of the entire
District to the extent of available funds for such purposes; and
WHEREAS, the District's Plan authorizes the Board to
establish by ordinance charges to be collected from all the real
property served by the sewer facilities of the District, whether
public or private, such charges to be based upon any
classifications or sub-classifications which the Board may
determine to be fair and reasonable, and to prescribe the manner in
which and time at which such charges are to be paid; and
WHEREAS, pursuant to such authority the District has
heretofore established a Stormwater Service Charge of $0.24 per
month for Single Unit Residential Property and Non-Residential
Property and $0.18 per unit per month for Multi-Unit Residential
Property within the District, which charge is currently established
and collected pursuant to Ordinance No. 8657 adopted by the Board
of Trustees of the District on May 13, 1992, (the "Existing
Stormwater Charge"); and
WHEREAS, the District's Plan further authorizes the Board
to levy, assess, and collect taxes on all taxable property within
the District or a subdistrict, as the case may be, provided, that
the rate of taxation for purposes of operation and maintenance
shall not exceed ten cents on the one hundred dollars assessed
valuation, and provided further, that any new or increased taxes
levied and assessed following the effective date of Article X,
Section 22(a) of the Missouri Constitution (the "Hancock
Amendment") require voter approval by a majority of the voters of
the District or a subdistrict, as the case maybe, voting thereon;
and
WHEREAS, the District currently levies and collects an ad
valorem property tax at the rate of five cents per one hundred
dollars of assessed valuation on all property located in the
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Original Area for the purpose of operating and maintaining the
Stormwater System in such area (the "Existing Stormwater Tax"); and
WHEREAS, the District's ability to adequately plan for
and regulate the construction of new buildings, parking lots and
other impervious surfaces within its jurisdiction which contribute
to stormwater runoff and to provide for the operation, maintenance,
repair and improvement of the Stormwater System ("Stormwater
Service") has been greatly restricted due to the lack of adequate
funds from the Existing Stormwater Charge and the Existing
Stormwater Tax for such purposes; and
WHEREAS, the District is subject to the provisions of the
federal Water Pollution Control Act, as amended (commonly referred
to as the Federal Clean Water Act), 33 U.S.C. '1251, et seq. (the
"Federal Clean Water Act"), and the regulations promulgated
thereunder; and
WHEREAS, there are continuing and growing threats to the
public health, safety and welfare of the District and its residents
created by stormwater, including flooding, erosion, water
pollution, creation of pest breeding areas, traffic hazards caused
by flooding, etc.; and
WHEREAS, the District has made a preliminary assessment
of the needs for Stormwater Service in the District and has
estimated the cost of providing such Stormwater Service, as
reflected in a report entitled "Projected Short and Long Term Needs
of The Metropolitan St. Louis Sewer District"; and
WHEREAS, the District has undertaken a study entitled
"Report on Alternative Rate Structures for the Metropolitan
St. Louis Sewer District Fiscal Year 1994" (the "Rate Study") which
recommends establishment of a Stormwater Service Charge based on
the area of manmade impervious surface of each property within the
District; and
WHEREAS, owners or users of improved property within the
District, whether public or private, are served by and benefit from
the District's Stormwater System in that the manmade impervious
surface on such improved property contributes to stormwater run off
which occurs from such property, beyond the amount which would
occur if such property were undeveloped and in its natural state;
and
WHEREAS, the establishment of a Stormwater Service Charge
based on the area of manmade impervious surface of property is an
accepted rate methodology for Stormwater Service and such
impervious charges have been imposed by numerous public stormwater
systems throughout the United States; and
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WHEREAS, the Board hereby finds and determines that the
establishment of a Stormwater Service Charge, as herein provided,
to be collected from owners or users of improved property within
the District, whether public or private, with the measure of such
Stormwater Service to be determined by the contribution of such
property to stormwater runoff to the District's Stormwater System
based on the area of manmade impervious surface of such property,
is fair and reasonable; and
WHEREAS, the Board further finds and determines that all
owners and users of improved property within the District, whether
public or private, use the District's Stormwater System and will be
benefited by the District's delivery of Stormwater Service and that
the measure of such use and benefit to be determined based on the
square footage of manmade impervious surface of such property, as
herein provided, is fair and reasonable; and
WHEREAS, the Stormwater Service Charges bear a
substantial relationship to and are designed to cover the costs of
providing Stormwater Service, as herein provided and the revenues
to be derived from such Stormwater Service Charges will be set
aside in a separate fund and used for the purposes of providing
Stormwater Service in the District, as herein provided; and
WHEREAS, in connection with the establishment of the
Stormwater Service Charges as herein provided, the District intends
to no longer levy and collect an ad valorem property tax to be used
for the purpose of operating and maintaining the Stormwater System
in the Original Area; 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 public purposes of the
District, and is desirable and necessary in furtherance of the
public health, safety and welfare of the District and its
residents.
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, capitalized terms as
used in this Ordinance and not otherwise defined herein shall have
the meanings as set forth in Ordinance No. _____ (Proposed
Ordinance No. 346-93) and the following words and terms as used in
this Ordinance shall have the following meanings, unless some other
meaning is plainly intended:
"Area" means the square footage measurement of Property.
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"Board" means the Board of Trustees of the District.
"Dedicated Stormwater Facilities" means those portions of
the Stormwater System which have been accepted for dedication by
the District as provided in Section Three of this Ordinance.
"District" means The Metropolitan St. Louis Sewer
District.
"Impervious Surface" means those portions of Property
which have been altered from its natural state by the addition to
or construction thereon of any hard surfaced area which prevents or
retards the entry of water into the soil in the manner and to the
extent that such water entered the soil under natural conditions
pre-existent to development, or which causes water to run off the
surface in greater quantities or at an increased rate of flow than
was present under natural conditions pre-existent to development,
including, but not limited to, rooftops, asphalt or concrete
sidewalks, paving, driveways and parking lots, walkways, patio
areas, storage areas, and gravel, oiled macadam or other surfaces
which similarly affect the natural infiltration or runoff patterns
of real property in its natural state, subject to such exemptions
as provided in Section Ten hereof.
"Owner or Owners" means both the owner or owners of
record of Property as set forth in the records of the office of the
respective Recorders of Deeds for the City of St. Louis or for
St. Louis County, Missouri.
"Person" means any individual, firm, proprietorship,
partnership, company, municipality, state, federal or local
governmental entity, association, society, corporation, group, or
other entity.
"Property" means a lot or parcel of real estate, whether
public or private, which is Served by the Stormwater System.
"Runoff" means that part of rainfall which is not
absorbed, transpired, evaporated or left in surface depressions;
and which then flows controlled or uncontrolled into a Stormwater
Facility, stream, channel or body of water.
"Served" or "Service" means Property which contributes to
Stormwater Runoff which is drained through the Stormwater System as
a result of the addition to or construction upon such Property of
Impervious Surface, and the level or quantity of such service is
reasonably and fairly measured by the Area of Impervious Surface of
such Property.
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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
surfaces on which such precipitation falls or flows.
"Stormwater Design Standards" means the most current
published edition of "Rules and Regulations and Engineering Design
Requirements for Sanitary Sewerage and Stormwater Drainage
Facilities" and "Standard Construction Specifications for Sewers
and Drainage Facilities" as ratified and approved from time to time
by the Board.
"Stormwater Facility" or "Stormwater Facilities" means
various drainage works that may include sewers, pipes, inlets,
conduits, manholes, energy dissipation structures, channels,
outlets, retention/detention basins, and other structural
components.
"Stormwater Service Charges" means the charges imposed by
the District pursuant to this Ordinance.
"Stormwater System" means all man-made facilities,
structures, and natural Watercourses used for collecting and
conducting Stormwater to, through, and from drainage areas to the
points of final outlet including, but not limited to, any and all
of the following: sewers, pipes, inlets, conduits and appurtenant
features, canals, creeks, channels, catch basins, ditches, streams,
rivers, gulches, gullies, flumes, culverts, siphons, retention or
detention basins, dams, floodwalls, levees, and pumping stations.
"Unimproved Real Estate" means real property unaltered by
the construction or addition to such Property by man of any
Impervious Surface of any kind which changes the hydrology of such
property from its natural state.
"User" means the occupant or Owner of Property, or any
Person Served by the Stormwater System.
Section Two. Establishment of Stormwater Service Charges. There
are hereby ratified, confirmed and established Stormwater Service
Charges to be imposed on all Property Served by the Stormwater
System of the District, whether public or private, based on the
square footage of Impervious Surface of such Property as herein
provided.
Section Three. Dedication of Stormwater Facilities. The District
will accept for dedication all existing or newly constructed
Stormwater Facilities as provided by this Section.
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The Executive Director shall accept the dedication of an
existing Stormwater Facility to the District's Stormwater System,
provided that the District's final inspection report made prior to
the acceptance of dedication confirms that such facility is located
in public rights-of-way or easements granted to and accepted by the
District and which is not encroached upon, is intended for public
use, and meets the District's current policy on Stormwater
maintenance as provided in Section Four of this Ordinance.
Upon completion of construction of new Stormwater
Facilities for which plans are received, reviewed and approved by
the District after April 1, 1989, the Stormwater Facilities shall
be dedicated to the District and the Executive Director shall
accept the dedication of such Stormwater Facilities to the
District's Stormwater System, provided that the facilities have
been constructed in accordance with the approved plans and the
District's final inspection reports made prior to the acceptance of
dedication confirm that the facilities meet the Stormwater Design
Standards.
Section Four. Maintenance of Dedicated Stormwater Facilities. The
District shall maintain all Dedicated Stormwater Facilities
pursuant to policies established from time to time by resolution of
the Board to prioritize the use of moneys from Stormwater Service
Charges and other available funds to meet the greatest needs in
furtherance of the public health, safety and welfare and in
compliance with the Federal Clean Water Act. To the extent of
available funds the District shall establish a program of
maintenance of Dedicated Stormwater Facilities in accordance with
the District's then current Stormwater Maintenance Policy. The
Board hereby adopts the Stormwater Maintenance Policy attached
hereto as Appendix I to be effective from and after January 1,
1994, so long as the charges set forth in Section Nine (B) hereof
are effective.
Section Five. Private Stormwater Facilities. The Owner shall be
responsible for Stormwater Facilities located on private property
where runoff will principally be collected within that property,
including detention facilities. The owner shall clean and maintain
the facility or channel as required to ensure proper operation.
Where Dedicated Stormwater Facilities are in easements,
the Owner of the Property is responsible for maintenance of such
easements including lawn mowing, litter pick-up, pest control,
removal of blockages and encroachments, etc. The owner shall place
no structures or plantings that interfere with the Stormwater
Facility or its operation and maintenance.
Section Six. Rules and Regulations. In order to accomplish the
purpose of this Ordinance to protect the Stormwater System of the
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District, to secure the best results from the construction,
operation, and maintenance thereof, and to prevent damage and
misuse of any of the Drainage Facilities, improvements, or
properties within the District, the Executive Director may make and
enforce rules and regulations that are necessary and reasonable:
(1) To prescribe the manner in which storm sewers,
ditches, channels, and other Stormwater Facilities
are to be designed, installed, adjusted, used,
altered, maintained, replaced, or otherwise
changed.
(2) To prescribe the manner in which Stormwater
Facilities are operated.
(3) To facilitate the enforcement of this Ordinance.
(4) To protect the Stormwater System, and to prescribe
the manner of its use by any public or private
person, firm, or corporation.
(5) To protect the public health, safety, and welfare.
Section Seven. Permits and Plan Review. All plans and designs for
all Stormwater Facilities within the boundaries of the District
shall be submitted for approval, revision or rejection by the
District pursuant to the Plan, applicable Ordinances and the
District Stormwater Design Standards. Except as preempted or
otherwise delegated by EPA or MDNR, the District shall provide all
stormwater plan and design review, permit control and construction
inspection.
Section Eight. Stormwater Service Charge Policy. Stormwater
Service Charges will be imposed on all Property Served by the
Stormwater System of the District, whether public or private, based
on the square footage of Impervious Surface of such Property.
Section Nine. Stormwater Service Charges.
(A) A monthly Stormwater Service Charge of $0.24 is
hereby ratified, confirmed and established and shall be collected
from each Property Served by the Stormwater System through
December 31, 1993.
(B) From and after January 1, 1994, a Stormwater Service
Charge is hereby imposed and shall be collected from each Property
Served by the Stormwater System as follows:
Base Charge (per month) $0.36
Impervious Charge (per month) $0.173/100 sq. ft.
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Section Ten. Property Not Subject to Stormwater Service Charges.
The following types of Property shall not be charged a Stormwater
Service Charge:
(1) Streets, roads, alleys, right-of-way used for roadway
purposes, and adjoining sidewalks dedicated or available
for general public use;
(2) Federal, State, county and municipal highways and highway
right-of-way used for roadway purposes;
(3) Railroad and light rail tracks, roadbeds, yards and
related rights-of-way; and
(4) Unimproved Real Estate.
Section Eleven. Determination of Area of Impervious Surface. The
District shall determine the Area of Impervious Surface of each
Property by any of the following methods (such determination shall
be rounded to the nearest 100 square feet):
(1) On-site measurements of the Impervious Surface of such
Property made by the District or on its behalf;
(2) Computation of the Impervious Surface using the
dimensions of the Impervious Surface of such Property
which are set forth and contained in the records of the
office of the assessor of the City of St. Louis or
St. Louis County, Missouri; or
(3) Estimation, calculation and computation of the Impervious
Surface using aerial photography or photogrammetry.
An Owner of Property who considers the determination by
the District of the Impervious Surface of such Owner's Property to
be inaccurate or erroneous may provide other evidence satisfactory
to the District of the Area of Impervious Surface of such Property.
The District shall have the power to enter on any
Property for the purposes of determining the Area of Impervious
Surface of such Property and for the purpose of carrying out this
Ordinance.
Section Twelve. Billing. As soon as practicable all bills for
Stormwater Service Charges shall be prepared by the District and
shall be issued monthly for services provided in the preceding
month. Until bills are prepared and issued monthly the bills shall
be issued quarterly by cycle, provided that Users of Single-Unit
Residential Property may request monthly billing provided such
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request is in writing on forms provided by the District and further
provided that Wastewater Charges to such User's Property are billed
on a monthly basis. Upon receipt of such application, the change
in billing will take effect in the next designated billing period.
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.
The issuance of any monthly or quarterly bills may be
delayed by the District for good cause.
The Stormwater Service Charges shall be billed to the
Owner of the Property or to the Person billed by the District for
Wastewater Charges for such Property. Such Stormwater Service
Charges shall constitute a personal obligation of both the Owner
and any User of the Property regardless of to whom the bill for
Stormwater Service Charges is sent and shall constitute a charge
and a lien against the Property Served.
For the District's convenience, all individual Stormwater
Service Charges may be combined and Stormwater Service Charges may
be combined with any other charges of the District, and all such
charges may be billed together. Upon receipt of an "Application
for change in Billing for Stormwater Service Charges" signed by the
Owner, the District will bill a single tenant of the Property
Served, provided that only one bill shall be provided for each
Property and further provided that such change in billing will not
relieve the Owner of the payment obligation on such bill. The
change in billing will take effect in the next designated billing
period following receipt of such application. In the event of a
change in Owner or User of Property during a billing period,
application may be made to the Director of Finance of the District
for a refund or proration of Stormwater Service Charges for such
billing period.
Section Thirteen. Charge for Late Payments. If any Stormwater
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
Fourteen hereof.
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Section Fourteen. Stormwater Service Charges a Lien. The
Stormwater Service Charges shall constitute a lien upon the
Property Served by the Stormwater System on the date a bill
therefore is rendered and said lien shall have the same priority as
taxes levied for state and county purposes. All Stormwater Service
Charges that remain unpaid shall bear interest at a rate not to
exceed the lower of eighteen 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
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, depending upon where
such Property Served by the Stormwater System is located. Such
notice of lien shall state the amount of the delinquent Stormwater
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 reputed Owner of the Property charged at the last
address on file with the District 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 Fifteen. 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 Owner and/or
User, jointly and severally, in a civil action to recover
delinquent charges plus the late payment charge and interest on the
delinquent bill, plus all costs incurred by the District in
connection with the filing and enforcement of such lien and the
prosecution and collection of such charges including court costs,
fees for transcripted judgments, special process servers, credit
reports, video reports, other related fees, and reasonable
attorney's fees 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.
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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.
When any Stormwater 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 issue to the Owner and/or User a
permit to connect any other Property belonging to said Owner and/or
User to the Wastewater System or Stormwater System; or may refuse
to review any plans submitted by or on behalf of such Owner and/or
User, or issue any permits requested by or on behalf of such Owner
and/or User as required by District ordinances; or refuse to
contract for any purpose with or accept Wastewater or Stormwater
from any such Owner and/or User.
Section Sixteen. False Information. It shall be unlawful for any
Person to furnish any false report or information to the District
which would tend to reduce Stormwater Service Charges imposed by
the District.
Section Seventeen. 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 Stormwater Service Charges.
Section Eighteen. Stormwater Service Charge Review. The Board
shall review the Stormwater Service needs of the District and
Stormwater Service Charges at least biennially and adjust such
Stormwater Service Charges to provide adequate revenues as
necessary to provide Stormwater Service, as herein provided.
Section Nineteen. Notice of Rates and Impervious Area. All Owners
of Property Served by the Stormwater System shall be notified at
the time of a rate increase as to:
(a) the rate schedule in effect; and
(b) the Impervious Area of such Owner's Property.
In addition, all Owners of Property Served by the
Stormwater System shall be notified of any change in the Impervious
Area of such Owner's Property for purposes of calculating the
Stormwater Service Charges billed to such Property.
Section Twenty. Application of Revenues. All revenues billed and
collected from Stormwater Service Charges shall be segregated,
credited and deposited into a Stormwater Revenue Fund to be
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established and maintained by the Director of Finance of the
District, and shall be used solely to pay for the costs of the
operation (including billing, administration and overhead), repair,
maintenance, improvement, renewal, replacement and reconstruction
of the District's Stormwater System.
Section Twenty-One. Appeals. Any Person who considers the
Stormwater Service Charges billed to such Person pursuant to the
provisions of this Ordinance to be inaccurate or erroneous may
request a review thereof by the Director of Finance or his
designate within thirty (30) days of (i) the initial bill to such
Person for Stormwater Service Charges with respect to such
Property, or (ii) notice to such Person of a change in the
Impervious Area of such Owner's Property for purposes of
calculating the Stormwater Service Charges. The determination by
the Director of Finance may be appealed by such Person to the
Executive Director, by written notice of appeal filed with the
Director of Finance within thirty (30) days of his determination.
The determination by the Executive Director shall be considered a
final order of the District.
Section Twenty-Two. Judicial Review. Any Person or Persons
jointly or severally aggrieved by any final order of the Executive
Director of the District may seek judicial review of such decision
pursuant to the procedures set forth in Section 12.110 of the
District's Plan.
Section Twenty-Three. 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-Four. Prior Ordinances. 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 fee or 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-Five. Board Establishment of a System of Credits.
The Board shall modify and supplement the provisions of this
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Ordinance to establish a system of credits to Stormwater Service
Charges to become effective in connection with the revised
Stormwater Service Charges established in Section Nine (B) hereof
effective January 1, 1994. The credits will be available for
Property that does not drain into the MSD Stormwater System and for
Property where measures have been taken to mitigate the impacts of
Stormwater Runoff on the Stormwater System to the extent those
measures address the impacts of peak discharge, total runoff volume
and annual pollutant loading from the Property.
Section Twenty-Six. Effective Date. The provisions of this
Ordinance shall be effective from and after the date of its
passage.
The foregoing Ordinance was adopted June 16, 1993.
APPENDIX I
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
STATEMENT OF POLICY FOR MAINTENANCE OF STORMWATER SEWER SYSTEMS AND FACILITIES
The provisions for adequate drainage in the Metropolitan St. Louis area are necessary to preserve and promote the general health, welfare, and economic well being of the region. Stormwater drainage is a regional feature that affects all governmental jurisdictions and all parcels of property. This characteristic of drainage makes it necessary to formulate a program that includes public and private involvement both from the master planning of new improvements and the costs associated with operation, maintenance, and replacement of existing improvements. The cost of operation, maintenance, and replacement of stormwater improvements is directly affected by the impervious area on each customer's property. The user charge provides the funds needed to operate, maintain, and replace the existing stormwater improvements and the development and maintenance of a master plan for the entire District. The master plan will include plans for each major drainage basin within the District's geographic boundaries. The master plan will identify major improvements to the stormwater drainage system which will funded either through private development and/or through separate stormwater capital improvement revenues. The stormwater service charge will be collected and appropriated for operation, maintenance, and replacement of existing stormwater sewer systems and facilities located in public rights-of-way or easements granted to and accepted by the District which systems and facilities are intended for public use and in accordance with the current policy on Stormwater System Maintenance. Any stormwater sewer system or facilities built per plans received, reviewed, and approved by the District after April 1, 1989 must follow the District's most current dedication procedure as set forth in the District's Rules and Regulations and Engineering Design
Requirements for Sanitary Sewage and Stormwater Drainage Facilities. Any stormwater sewer system or facility or part thereof located in a public right-of-way or easement which is encroached upon will not be maintained, repaired, or replaced until the encroachment is removed by the property owner at the property owner's expense or the property owner receives District approval of the encroachment. The following summarizes the District's current policy on Stormwater System Maintenance. A. Unimproved Channels The District will remove debris, trees, brush, and weeds that significantly obstruct the flow in the channels. Priority will be given to blockages that are in evidence and/or reported causing major flooding.
B. Improved Channels The District will remove debris, trees, brush, silt, and weeds that significantly obstruct the flow in the channel. The structural integrity of the channel bottoms and sides shall be maintained. C. Storm Sewers (Enclosed Systems) The District will clean and maintain all public storm sewers (enclosed systems) that have been dedicated to and accepted by the District for operation and maintenance. D. Road Culverts and Bridges The District will not maintain road culverts and/or bridges. This responsibility belongs to the agency or individual that has jurisdiction over the roadway. The District will maintain a road culvert which was installed by the District as an integral part of the storm sewer system. E. Driveway Culverts The District will not maintain any driveway culverts. F. Missouri State Highway Department The District will not maintain any storm sewers located on State Highway right-of-way, unless they are an integral part of an accepted storm system. G. Road Inlets The District does maintain road inlets on systems dedicated and accepted by the District. H. Trench Drains The District does not maintain trench drains. I. Roadside Ditches or Gutters The District will not maintain roadside ditches or gutters. This responsibility belongs to the agency or individual that has jurisdiction over the roadway.
J. Bars Over Inlets The District does not allow bars, grating, screens, or any other obstructions to flow to be placed in front of inlets or pipe openings. K. Weeds The District only cuts weeds on property owned by the District. The District does not cut weeds on easements. L. Swales Yard swales will not be maintained by the District. M. Fences The District will maintain fences along improved stormwater channels, that were installed in the concrete sides of the channel or installed by the District as an integral part of an improvement. N. Retention and Detention Basins The District does not maintain retention or detention basins. O. Sink Holes The District shall not maintain sink holes, but will maintain the structures over the sink hole if it is a public system. In the event a dispute arises as to whether a particular stormwater sewer system or facility or any part thereof should be maintained, repaired, or replaced by the District pursuant to this policy, the decision of the Executive Director shall be final. Any person or persons jointly or severally aggrieved by such decision may appeal such decision in the manner provided for in Section 12.110 of the District's plan.