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HomeMy Public PortalAbout09031 O R D I N A N C E NO. 9031 AN ORDINANCE, to establish a low income assistance program providing for reduced Wastewater User Charges, Capital Improvement Surcharges and Stormwater Service Charges to Eligible Low Income Customers of The Metropolitan St. Louis Sewer District. WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, a municipal corporation and a political subdivision of the State of Missouri (herein called the "District"), now owns and operates a revenue producing 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.A. '' 1251 et seq., commonly referred to as the Clean Water Act, (the "Federal Clean Water Act"), and the Missouri Clean Water Law, '' 644.006 et seq. R.S.Mo. 1986, as amended (the "Missouri Clean Water Law") the objectives of which are to restore and maintain the chemical, physical, and biological integrity of the nation's waters; and WHEREAS, the District has obtained construction grants (the "Grants") from the Missouri Department of Natural Resources ("MDNR") and the Environmental Protection Agency ("EPA") for improvements to the System of the District and has entered into grant agreements with such governmental agencies as a condition to obtaining such Grants; and WHEREAS, the Board of Trustees of the District (the "Board") has caused a study to be prepared entitled "Report on Alternative Rate Structures for the Metropolitan St. Louis Sewer District, Fiscal Year 1994" (the "Rate Study"); and WHEREAS, the Board has reviewed such Rate Study, has provided published notice of and held public hearings thereon, and has implemented a revised schedule of Wastewater User Charges pursuant to Ordinance No. 9029 (Proposed Ordinance No. 346-93) (the "Wastewater User Charges") and a revised schedule of Stormwater Service Charges pursuant to Ordinance No. 9030 (Proposed Ordinance No. 347-93) (the "Stormwater Service Charges" and collectively with the Wastewater User Charges, the "MSD Service Charges"); and WHEREAS, the revised MSD Service Charges will result in increased bills to MSD customers and the Board is concerned with 2 the impact of such increased bills on low income customers of the District; and WHEREAS, the Federal Clean Water Act authorizes the District to establish a system of user charges which imposes a lower charge on low-income residential customers and the Board is desirous of establishing reduced user charges for qualified low-income residential customers as herein provided; and WHEREAS, the District has submitted this Ordinance to MDNR for review and MDNR has reviewed the provisions of this Ordinance and found it to be in compliance with the requirements of the Federal Clean Water Act and the Missouri Clean Water Law. Section One. Definitions. 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: "Customer" means the occupant or Owner of Single-Unit Residential Property, in whose name the bill for Wastewater User Charges, Capital Improvement Surcharges or Stormwater Service Charges for such Residential Property is issued by MSD. "Eligible Low Income Customers" means an eligible low income customer as defined in Section Three of this Ordinance. "Low Income Assistance Credit" means the credit for Wastewater User Charges, Capital Improvement Surcharges and Stormwater Service Charges provided by Section Two of this Ordinance. "MSD Service Charges" means the Wastewater User Charges and the Stormwater Service Charges. "Single-Unit Residential Property" means Property used only for human residency which consists of a single dwelling unit occupied as a primary residence by a single person or single family. "Stormwater Service Charges" means charges established by the District for use of its stormwater System by Ordinance No. 9030 (Proposed Ordinance No. 347-93) of the District. "Wastewater User Charges" means the Wastewater User Charges established by the District for use of its wastewater System by Ordinance No. 9029 (Proposed Ordinance No. 346-93) of the District. Section Two. Low Income Assistance Credit. A Low Income Assistance Credit is available to Eligible Low Income Customers of the District who are billed for and pay Wastewater User Charges, Capital Improvement Surcharges and/or are billed for 3 and pay Stormwater Service Charges as provided in this Ordinance. The amount of such Low Income Assistance Credit will be fifty percent (50%) of the Wastewater User Charges, Capital Improvement Surcharges and/or Stormwater Service Charges billed to such Customer for the applicable billing period. Such Low Income Assistance Credit shall take effect in the next designated billing period following the determination by the District that such Customer is an Eligible Low Income Customer as provided in this Ordinance. The amount of Low Income Assistance resulting from the 50% reduction of the Capital Improvement Surcharge for eligible low income customers shall be charged to the Wastewater User Charge revenues and not to the Capital Improvement Surcharge revenues. Section Three. Eligible Low Income Customer. An Eligible Low Income Customer must satisfy each of the following criteria: (1) A Customer of the District who occupies as a primary residence Residential Property in the District and receives a bill in such Customer's name for Wastewater User Charges, Capital Improvement Surcharges and/or Stormwater Service Charges from the District for service to such Residential Property; and (2) A person qualified by the Department of Social Services of the State of Missouri as eligible to receive home energy assistance for such Residential Property under the Low Income Home Energy Assistance Program (LIHEAP) funded through federal grants to states under Title XXVI of the Omnibus Budget Reconciliation Act of 1981 as amended by the Human Services Reauthorization Act of 1984 (P.L. 98-558) and the Human Services Reauthorization Act of 1986 (P.L. 99-425) (a "Qualified LIHEAP Recipient"). (3) It is the intent of the Board to modify and supplement the provisions of this Ordinance to expand the eligibility for low income assistance to include residents of the District who are not customers of the District, but who are tenants, lessees and renters of residential property that is billed by the District for Wastewater User Charges, Capital Improvement Surcharges and/or Stormwater Service Charges. Section Four. Application Procedure. A. The District has contracted with the Department of Social Services of the State of Missouri (the "Department") for such Department to provide the District annually, in May or June of each year, with a list of the names and addresses of all Qualified LIHEAP Recipients who reside in the District approved by such Department during the prior heating season. The first such 4 list shall be obtained by the District prior to the effective date of this Ordinance. All Eligible Low Income Customers included on such annual list of Qualified LIHEAP Recipients shall automatically receive a Low Income Assistance Credit on all bills for Wastewater User Charges, Capital Improvement Surcharges and/or Stormwater Service Charges issued by the District to such Eligible Low Income Customer for service to Residential Property at the address shown on such list and continuing so long as such annual list continues to include such Eligible Low Income Customer as a Qualified LIHEAP Recipient at such address. B. A Customer who is not shown on such list as a Qualified LIHEAP Recipient for such Residential Property may make an initial application for temporary certification by the District as an Eligible Low Income Customer ("Temporary Certification"). Such application shall be made on forms provided by the Director of Finance of the District which shall require at least the following: (1) Name, address and Social Security number of the Customer and all members of the household; and (2) Information sufficient to enable the Director of Finance to determine that the Applicant is an Eligible Low Income Customer. In the event the Applicant is not a Qualified LIHEAP Recipient, the Applicant may provide other evidence satisfactory to the Director of Finance that the Applicant satisfies the requirements to become a Qualified LIHEAP Recipient. A customer approved by the District for Temporary Certification as an Eligible Low Income Customer shall receive a Low Income Assistance Credit on bills for Wastewater User Charges, Capital Improvement Surcharges and/or Stormwater Service Charges for service to Residential Property issued to such Customer. Such Low Income Assistance Credit shall take effect in the next designated billing period following the date of approval by the District of Temporary Certification of such Customer. Such Customer shall continue to receive such Low Income Assistance Credit for such period of time as the Director of Finance shall determine is reasonably necessary to allow such Customer to be approved by the Department as a Qualified LIHEAP Recipient, which time period shall not be more than one year. Such period of Temporary Certification shall be communicated to such Customer in writing. A Temporary Certification may not be extended for a total period which exceeds one year and may not be renewed. Section Five. Appeals. Any Customer who considers the determination by the District as to such Customer's failure to satisfy the criteria for an Eligible Low Income Customer 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 receipt of written notification to such Customer of such determination. The 5 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 Six. Judicial Review. Any person or persons jointly or severally aggrieved by any final order of the Executive Director of the District hereunder may seek judicial review of such decision or order pursuant to the procedures set forth in Section 12.110 of the District's Plan. Section Seven. 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 Eight. Effective Date. The Ordinance shall become effective July 1, 1993. The provisions of this Ordinance which provide a Low Income Assistance Credit on bills issued for Stormwater Service Charges shall be effective during such time as the Stormwater Service Charges provided by Ordinance No. 9030 (Proposed Ordinance No. 347-93) of the District are in full force and effect. The provisions of this Ordinance which provide a Low Income Assistance Credit on bills issued for Wastewater User Charges shall be effective during such time as the Wastewater User Charges set forth in Appendix II of Ordinance No. 9029 (Proposed Ordinance No. 346-93) of the District are in full force and effect. The provisions of this ordinance which provide a Low Income Assistance Credit on bills issued for Capital Improvement Surcharges shall be effective during such time as the Capital Improvement Surcharges set forth in Ordinance No. 7543 as amended by Ordinance No. 8659 of the District are collected. 6 The foregoing Ordinance was adopted June 16, 1993.