HomeMy Public PortalAboutExhibit MSD 53 - Wastewater User Charge Ordinance 156691
WASTEWATER ORDINANCE NO. 15669
AN ORDINANCE, repealing and superseding Ordinance No. 15418, adopted June
11, 2020, and enacting a new ordinance in lieu thereof for purposes of providing funding for the
Wastewater System.
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 Charter of the
District adopted by the voters within the District for its government (the "Charter"), 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";
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 "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;
WHEREAS, the District is subject to a federal consent decree with the EPA and
the Missouri Coalition for the Environment entered by the United States District Court for the
Eastern District of Missouri on April 27, 2012 (the "Consent Decree") and amended by the United
States District Court for the Eastern District of Missouri on June 22, 2018, and the Consent Decree
Exhibit MSD 53
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imposes obligations on the District to construct improvements to the Wastewater System over the
span of 28 years;
WHEREAS, Section 3.020 (16) of the Charter of the District authorizes the Board
of Trustees "[t]o 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, ... including but not limited to: (a) the consumption
of water on premises connected with such facilities, taking into consideration commercial,
industrial, and agricultural use of water; (b) the number and kind of plumbing fixtures connected
with such facilities; (c) the number of persons served by such facilities; or (d) any combination of
the factors enumerated. 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.";
WHEREAS, Section 7.040 of the Charter of the District established a Rate
Commission of the District (the "Rate Commission"), to review and make recommendations to the
District's Board of Trustees (the "Board") regarding all proposed changes in Wastewater rates,
stormwater rates and tax rates or change in the structure of any of the foregoing;
WHEREAS, the Rate Commission after having conducted public hearings and
weighing evidence regarding the proposed Wastewater User rate change, issued its Rate
Recommendation Report on August 16, 2019, which recommended the Wastewater user rates as
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hereinafter adopted;
WHEREAS, through Resolution No. 3547, adopted October 10, 2019, the Board
accepted said Rate Recommendation Report as issued by the Rate Commission on August 16,
2019;
WHEREAS, the Board has determined that it is appropriate to revise the schedule
of Wastewater User Charges as provided in this Ordinance to provide for the determination and
billing of such user charges;
WHEREAS, the Board is concerned with the impact of the Wastewater User
Charges as provided by this Ordinance on customers of the District, and to address that concern,
the Board renews the assistance program (the "Customer Assistance Program") to provide an
assistance credit on bills for Wastewater User Charges to eligible customers pursuant to Ordinance
No. 14867 previously adopted by the District;
WHEREAS, the revenues to be derived from the Wastewater User Charges will be
set aside in a separate fund and used for the purposes of operating, maintaining, and replacing the
Wastewater System in the District, as herein provided;
WHEREAS, the Wastewater User Charges bear a substantial relationship to and
are designed to cover the costs of operating, maintaining, and replacing the Wastewater System,
as herein provided; and
WHEREAS, the Board does hereby find and determine that the imposition of the
schedule of increased Wastewater User Charges as provided in this Ordinance, is necessary to
enable the District to operate its Wastewater System on a sound basis, to satisfy the requirements
of the Plan, the Federal Clean Water Act and the Missouri Clean Water Law, and to comply with
the mandates of the District's Grant Agreements and the Consent Decree.
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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 and
in the Recitals shall have the following meanings, unless some other meaning is plainly intended
or otherwise indicated:
1. "Approved Meter" means a water meter meeting the standards of meters
used by the City of St. Louis Water Division, the Missouri American Water Company, or the
public water supplier which provides water service to such Property, or a sewage flow meter
satisfactory to the District.
2. "Base Charge" means the sum of the System Availability Charge and the
Billing and Collection Charges pursuant to Section Three of this Ordinance.
3. "Billing and Collection Charges" means the charges established by the
District pursuant to Section Three of this Ordinance, which are designed to include all costs related
to issuing and collecting bills.
4. "Best Equated Period" means a 90 to 92 day period of water usage for
Metered Residential Property between November and March of the preceding winter period when
lawn watering and other outdoor water uses are at a minimum and metered water use can best be
equated to Wastewater discharges; provided that if the water bill issued during such period covers
water usage for a period less than 90 days or more than 92 days the Best Equated Period shall
mean a 91 day period and water usage shall be calculated based on average daily usage for the
actual billing period. If water usage is less than one hundred cubic feet (CCF) for the aforesaid 90
to 92-day period, and water service remained active for said period, a minimum water usage of 1
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CCF shall be imposed for said "Metered Residential Property". If water service is instituted after
the aforesaid 90 to 92-day period, a typical water usage of 6 CCF shall be imposed for said
Metered Residential Property" until such time as the actual "Best Equated Period" data can be
established.
5. "Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen
utilized in the biochemical oxidation of organic matter in five (5) days as determined by Standard
Test Procedures and expressed in milligrams per liter.
6. "Board" means the Board of Trustees of the District.
7. "Capital Charge" means that portion of the total charges for wastewater
services provided by the District which is established for debt retirement, construction or
reconstruction of the Wastewater System and any other lawful purpose of the District or its sub
districts and not considered part of the Wastewater User Charges, or the Storm Water User
Charges.
8. "CCF" means one hundred cubic feet.
9. "Chemical Oxygen Demand" or "COD" means the quantity of oxygen
utilized in the chemical oxidation of organic and inorganic matter as determined by Standard Test
Procedures and expressed in milligrams per liter.
10. "Compliance Charge" means the charge established by the District pursuant
to Section Three (A)(3) of this Ordinance which is designed to recover all District compliance
activities for Non-Residential Properties required to comply with federal environmental
regulations which are not recovered by specific environmental permit fees or other related fees.
11. "Consent Decree" means the consent decree between the District, the EPA
and the Missouri Coalition for the Environment that was entered by the United States District
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Court for the Eastern District of Missouri on April 27, 2012 and amended by the United States
District Court for the Eastern District of Missouri on June 22, 2018 and that imposes obligations
on MSD to construct improvements to its Wastewater System.
12. "Contributed Wastewater Volume" means the quantity of water-borne
wastes emanating from Property and, specifically, (1) for Metered Single-Unit Residential
Property, means billed water usage during the Best Equated Period; (2) for Metered Non-
Residential/Multi- Unit Residential Property, means either (a) billed water usage throughout the
year with exemption allowances for any water that does not enter the Wastewater System, or (b)
measured Wastewater volume; and (3) for Unmetered Residential Property, means average indoor
water usage characteristics of various housing attributes, as defined in the Rate Recommendation
Report, applied to the number of rooms and plumbing fixtures of each User's Property, as
determined by the District. All metered volumes are rounded to the nearest hundred cubic feet
CCF).
13. "District" means The Metropolitan St. Louis Sewer District.
14. "Extra Strength Surcharges" or "ESS" means the Extra Strength Surcharges
imposed by Section Three (A)(2) of this Ordinance.
15. "Metered Non-Residential/Multi-Unit Residential Property" means
Property used both for non-residential and residential purposes which consist of one or more non-
residential units and one or more residential dwelling units connected to an Approved Meter.
16. "Metered Property" means all Property connected to an Approved Meter
through which the amount of water usage is measured.
17. "Metered Residential Property" means Property used only for human
residency which consists of one or more residential units connected to an Approved Meter.
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18. "Non-residential Property" means all Property other than Residential
Property.
19. "Normal Wastewater" means waters or wastes having (a) a 5-day
Biochemical Oxygen Demand (BOD) not greater than 300 milligrams per liter; and (b) containing
not more than 300 milligrams per liter of Suspended Solids (SS); and (c) having a Chemical
Oxygen Demand (COD) not greater than 600 milligrams per liter.
20. "Ordinance" means this Ordinance of the District, including any superseded
versions in effect at the time the District provided Wastewater services to the Property, unless a
different Ordinance is indicated.
21. "Owner" or "Owners" means the Person or Persons designated as the owner
or owners of Property as set forth in the records of the office of the respective Assessor’s Office
or Recorders of Deeds for the City of St. Louis or for St. Louis County, Missouri, including the
record Owner(s) at the time the District provided Wastewater services to the Property.
22. "Person" means any individual, firm, proprietorship, partnership, company,
limited liability company, professional corporation, municipality, state, federal or local
governmental entity, association, society, corporation, group, or other entity.
23. "Plan" or "Charter" means the Plan of the Metropolitan St. Louis Sewer
District as approved by the voters of the City of St. Louis and St. Louis County at a special election
held on February 9, 1954 and amended by said voters on November 7, 2000, June 5, 2012, and
April 6, 2021.
24. "Pollutant" means any material or substance, toxic or otherwise, discharged
to the Wastewater System which either singularly or in combination with other materials or
substances interferes with, disrupts, or inhibits the Wastewater System's operations, or is not in
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compliance with specific prohibitions or standards developed by District, federal, state or local
governments, or passes through the Wastewater System in a concentration which violates
established effluent regulations or water quality standards.
25. "Property" means an improved lot or parcel of real property, whether public
or private, which is served by the Wastewater System.
26. "Rate Commission" means that body established pursuant to Section 7.040
of the Charter of the District to review and make recommendations to the Board of Trustees
regarding all proposed changes in wastewater rates, storm water rates and tax rates or change in
the structure of any of the foregoing.
27. "Residential Property" means Property used only for human residency.
28. "Room/Fixture Charges" means the charges established by the District
pursuant to Section Three of this Ordinance billed to each Unmetered Residential Property User
Account based on Contributed Wastewater Volume as measured by the number of rooms and
plumbing fixtures in such User's Property as determined by the District.
29. "Property Served" means Property with a sewer connected, either directly
or indirectly, to the District's Wastewater System, or Property which otherwise discharges
Wastewater directly or indirectly into the Wastewater System; or if the discharge of such
substances therefrom ultimately enters the District's Wastewater System.
30. "Sewer Use Ordinance" means Ordinance No. 15048, adopted November
8, 2018.
31. "Standard Test Procedures" means "Guidelines Establishing Test
Procedures for Analysis of Pollutants Under Clean Water Act" (40 CFR 136), as supplemented
and amended from time to time.
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32. "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 non-
filterable residue, in accordance with Standard Test Procedures and expressed in milligrams per
liter.
33. "System Availability Charge" means the charge established by the District
pursuant to Section Three of this Ordinance which is designed to recover a portion of the costs
related to infiltration and inflow.
34. "Unit" means the portion of Residential Property designed for occupancy
by a single person or single family.
35. "Unmetered Residential Property" means Residential Property which 1s not
connected to an Approved Meter.
36. "User" means: (1) the Person occupying the Property; and/or (2) the Owner
or Owners of the Property; and/or the Person holding a permit for water service to the Property
Served ; and/or (4) any Person Served by the Wastewater System.
37. "User Account" means each separate account to which a bill for Wastewater
User Charges is issued by the District.
38. "Volume Charge" means the Volume Charges established by the District
pursuant to Section Three of this Ordinance billed to each Metered Property User Account based
on Contributed Wastewater Volume.
39. "Wastewater" means the water-borne wastes emanating from Property,
together with such groundwater, surface water, or storm water which enters the Wastewater
System.
40. "Wastewater System" means the entire sewer and drainage system owned
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and operated by the District for the collection, transportation, storage, handling, and treatment of
Wastewater, 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.
41. "Wastewater User Charges" means the applicable charges established by
Section Three of this Ordinance, which consist of that portion of the 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 System in accordance with the requirements of the
EPA and the MDNR.
Section Two. Establishment of Wastewater User Charges. The Wastewater User
Charges as set forth in Appendix I are hereby ratified confirmed and established for services
provided by the District to any Property. All such Wastewater User Charges shall be in addition
to any applicable Capital Charges.
A) The District's Wastewater User Charges must comply with the following mandates
the "Environmental Mandates"): (i) to have an approved Wastewater User Charge as required by
the Federal Clean Water Act, the Missouri Clean Water Law and its Grant Agreements, and (ii) to
provide necessary funds to operate, maintain and replace its Wastewater System so as to provide
adequate Service to District residents and as required by the Consent Decree. The District finds
that it is necessary and in the public interest to implement the schedule of Wastewater User
Charges as herein provided in order to protect the public health, safety and welfare and to ensure
the District's continued compliance with the Environmental Mandates.
Section Three. Wastewater User Charges.
A) Metered Property.
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1) Each Metered Property shall be charged a Base Charge and a Volume
Charge as set forth in Appendix I. The Volume Charge shall be calculated separately for each
Metered Property, using the most current determination of Contributed Wastewater Volume. A
minimum of 1 CCF per Metered Property, or per unit in the case of Multi-unit Residential
Properties, will be charged.
2) Extra Strength Surcharges. Extra Strength Surcharges for the treatment of
wastes containing Suspended Solids, Biochemical Oxygen Demand or Chemical Oxygen Demand
exceeding Normal Wastewater strengths are hereby established and shall be billed to and collected
from Non-residential Property Served by the Wastewater System at the rates for each User
Account set forth in Appendix I, and shall be collected in addition to the charges imposed by
Subsections (1) and (3) hereof.
a) 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.
b) 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
Wastewater System or into any sewer connected thereto. The data set forth in such statement shall
be obtained from samples collected in accordance with 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 Standard Test Procedures.
c) 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 sampling and
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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.
d) An Extra Strength Surcharge shall be collected from any User
subject to Extra Strength Surcharges as provided for herein for the discharge into the Wastewater
System of Suspended Solids which average concentration exceeds 300 milligrams per liter or
Biochemical Oxygen Demand which 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 x [(SS-300) x RSS + (BOD-300) x RBOD]
ESS = 2000
e) If the BOD/COD ratio of a User's Wastewater is equal to or less than
0.35 the BOD measurement may not be considered representative of the User's actual Wastewater
strength. The District may substitute Chemical Oxygen Demand which average concentration
exceeds 600 milligrams per liter, with said Extra Strength Surcharge calculated for each billing
period according to the following formula, to wit:
0.00624 x V x [(SS-300) x RSS + (COD-600) x RCOD]
ESS = 2000
In the above formulas the following terms shall mean:
ESS = Extra Strength Surcharges.
300 = Maximum concentration of total BOD in Normal Wastewater in
milligrams per liter.
300 = Maximum concentration of total Suspended Solids in Normal
Wastewater in milligrams per liter.
600 = Maximum concentration of total COD in Normal Wastewater in
milligrams per liter.
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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 = Rate for SS in dollars per ton.
RBOD = Rate for BOD in dollars per ton.
RCOD = Rate for COD in dollars per ton.
2,000 = The number of pounds per ton.
f) 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 most current determination of Contributed Wastewater Volume. No credit is
given when the wastewater strength is less than normal wastewater.
3) Non-residential Property Compliance Charge. A Compliance Charge shall
be collected from all Non-residential Property Served by the Wastewater System at the rate for
each User Account as set forth in Appendix I and shall be collected in addition to the charges
imposed by Subsections (1) and (2) hereof.
4) Registration of Unmetered Water Supply. In the event 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. If such supply serves Metered Property and 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 the User's
own expense shall install and maintain an Approved Meter connected to such water supply.
Whenever a new supplier or source of water other than a public water supplier shall be put into
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use by Metered Property, such source of water shall be registered with the Director of Finance of
the District within thirty (30) days.
5) Metered Water Not Entering the Wastewater System. Where it can be
shown to the satisfaction of the District that a portion of the water as measured by an Approved
Meter does not enter the Wastewater 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 Approved Meter which enters the Wastewater System. In such case, Wastewater User
Charges shall be based upon the percentage of the metered water entering the Wastewater System.
Additional Approved Meters may be required or permitted at the User's expense in such manner
as to measure the quantity of Contributed Wastewater Volume entering the Wastewater System
from the Property of such User. Applications requesting consideration for a reduction in the
Wastewater Service Charge, because of water not entering the Wastewater System, shall be made
to the Director of Finance of the District, on forms provided by the District.
6) Requirement of an Approved Meter for Non-Residential Property. All Non-
Residential Property within the District shall be connected to an Approved Meter. In the event
Property within the District is owned by a municipality and is served by water provided by such
municipality and not connected to an Approved Meter, the District shall provide a method for
estimating Wastewater discharge by such Property which is fair and equitable, in lieu of
connection to an Approved Meter, and shall bill such municipality for Wastewater User Charges
as provided for Metered Property pursuant to this Ordinance based on such estimated Wastewater
usage.
B) Unmetered Residential Property. Each Unmetered Residential Property shall be
charged a Base Charge and a Room/Fixture Charge as set forth in Appendix I. Such charges shall
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be calculated separately for each Unmetered Residential Property using the most current available
data regarding the number of rooms and plumbing fixtures in such Property. The Director of
Finance shall determine the number of rooms and plumbing fixtures in such Property from the
records of the City of St. Louis Water Division or other public water suppliers, from the records
of the Office of Assessor of the City of St. Louis or St. Louis County, or from on-site inspection.
A User of Unmetered Residential Property who considers the determination by the District of the
number of rooms and plumbing fixtures for which such User is billed Wastewater User Charges
to be inaccurate or erroneous may appeal such determination as herein provided.
C) Right of Entry and Inspection. The District shall have the power to enter on any
Property for the purposes of examining the use made of its Wastewater System, the number of
rooms and plumbing fixtures in such Property, the number and kind of plumbing fixtures
connected with such Wastewater System, and for the purpose of inspecting or reading the
Approved Meter connected to such Property. When such examination gives reason to believe that
the usage of water on such Property places a burden on the Wastewater System in excess of that
for which the User of such Property is being billed, then the Wastewater discharged from such
Property shall be measured, at the expense of the User, by a water meter or meters or by a
Wastewater flow meter or meters. If such measurement shows that the flow of Wastewater is
excessive, Wastewater User Charges shall be billed and collected for such measured usage as for
Metered Property.
D) Application of Wastewater User Charge Revenues. All revenues collected from
Wastewater User Charges shall be segregated, credited and deposited in a Wastewater Revenue
Fund to be 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, collections, administration and
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overhead), repair, maintenance, improvement, renewal, replacement and reconstruction of the
District's Wastewater System.
Section Four. Pollutants. Any User which discharges any Pollutants which cause
an increase in the cost of managing the effluent or sludge from the Wastewater System shall pay
for such increased costs.
Section Five. Billing. All bills for Wastewater User Charges shall be prepared by
the District and shall be issued monthly for services provided in the preceding month.
A) The issuance of any monthly bill may be delayed by the District for good cause.
B) On or after May 1, 2004, the Wastewater User Charges shall be billed to the Owner
or Owners of the Property Served by the Wastewater System. Such Wastewater User Charges shall
also constitute a personal obligation of any User regardless of to whom the bill for Wastewater
User Charges is sent and shall constitute a charge and a lien against the Property Served, whether
or not recorded with the Office of the Recorder of Deeds or a notice of lien has been served.
C) For the District's convenience, all individual Wastewater User Charges may be
combined with any other charges of the District, and all such charges may be billed together. In
the event of a change in Owner or User of Property or termination of Service to Property during a
billing period, application may be made to the Director of Finance of the District for a refund or
proration of Wastewater User Charges for such billing period.
D) The Owner of Metered Residential Property containing more than one unit shall have
the option of being charged on the basis of Best Equated Period. The Owner may obtain an
application for such change from the Director of Finance. Upon receipt of an Application of
Change in billing basis for said Property the change in billing will take effect not sooner than sixty
days from receipt of the application.
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E) Once an Owner of Metered Residential Property containing more than one (1) unit
has elected to be charged on the basis of Best Equated Period, that Owner shall not be permitted
to again change.
F) In the event Wastewater Service is being provided to any parcel of real Property and
said parcel is being under-billed or not being billed at all, the District shall have the authority to
charge the Owner of said parcel retroactively for a period not to exceed one and one-half (1½)
years from the date of discovery.
G) In the event said parcel is being over-billed by the District, and the current Owner of
said parcel can verify such over-billing, then the District shall refund the current Owner of the
parcel any amount verified to be overpaid by said Owner.
H) The District will not collect Wastewater User Charges from the Owner or User of
real Property when it is known that said real Property is connected to a septic tank. Upon
notification from the Property Owner that certain real Property which is connected to a septic tank
is being billed by the District for Wastewater User Charges, upon verification, the District will
refund to the Owner any and all of said Wastewater User Charges so collected from said Owner.
Section Six. Charge for Late Payments. On or after July 1, 2009, any Wastewater
User Charges billed that are not paid by the due date indicated on any bill rendered shall bear a
late payment charge equal to three-fourths of one percent (0.75%) per month, or nine percent (9%)
per annum, of the amount of the bill rendered and is hereby imposed for each month or portion
thereof that the Wastewater User Charges remain unpaid beyond the due date.
Section Seven. Wastewater User Charges Constitute a Lien. The Wastewater User
Charges shall constitute a lien upon the Property Served on the date a bill is rendered for
Wastewater Service, whether or not recorded with the Office of the Recorder of Deeds or a notice
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of lien has been served and said lien shall have the same priority as taxes levied for state and
county purposes. The District may cause a notice of lien for non-payment of such charges to be
recorded 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 is located. Such notice of lien shall state the
Wastewater User Charges due as of the date of recording and shall adequately describe the
Property against which such lien is asserted. On the date of recording, the lien applies to the
current amount of all unpaid Wastewater User Charges, all subsequent unpaid and delinquent
Wastewater User Charges and other charges as described in Section Nine. A copy of such
notice of lien shall be mailed to the Owner of the Property at the last address on file with the
District and the recording of such notice in the Office of the Recorder of Deeds may be deferred
as a matter of grace for not more than thirty (30) days from the mailing date. All Wastewater User
Charges that remain unpaid shall bear interest at a rate not to exceed the lower of nine percent
9%) per annum or the maximum legal rate from the time a notice of lien is recorded with the
appropriate recorder of deeds as herein prescribed, until such time as the account is brought
current.
A) After such notice of lien is recorded, all unpaid and delinquent Wastewater User
Charges and all other unpaid charges including charges of the Recorder for recording the lien and
recording the release of said lien shall also be payable to the District as a prerequisite to recording
the release of said lien.
Section Eight. Termination of Service for Nonpayment. When any Wastewater
User Charge has not been paid and has been delinquent for a period in excess of three (3) months,
the District is authorized to order the water supply to be shut off for the Property for which the
Wastewater User Charge is delinquent or to remove or close any sewer connections, or both, until
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payment of the delinquent charge together with all 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.
A) When any Wastewater User Charge has not been paid and has been delinquent for
more than fifteen (15) 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 owned or controlled by said Owner and/or User
to the Wastewater System or Storm Water 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, or may refuse to contract for any purpose with or accept Wastewater or Storm
Water from any such Owner and/or User.
Section Nine. Remedies. (A) Whenever any Owner and/or User fails to pay any
Wastewater User Charge on an account after sixty (60) days from the billing date for such
Charges, then the District may collect the amount of all such Charges, plus late charges or interest,
collection costs including charges paid by the District to collection agencies, court costs,
attorney’s fees, sewer and/or water shutoff costs and other related costs, and any costs and attorney
fees regarding the filing, enforcement and release of any recorded lien, as applicable, accrued and
accruing on the account , by any or all of the following three (3) procedures:
1. by assignment or forwarding for collection to a collection agency or law
firm; and/or
2. by a civil action or other proceedings in any court of competent jurisdiction;
and/or
3. by enforcement of the lien provided herein.
B) The District shall have the power to collect from and/or sue any Owner and/or User,
jointly and severally, in a civil action to recover all delinquent Wastewater User Charges, plus all
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of the other charges listed in Section 9A above. If a civil action is filed, the District may request
the court to award post-judgment statutory interest and all other charges, as applicable, listed in
Section 9A above, costs, including but not limited to court costs, costs for transcribing judgments,
special process server or sheriff costs, investigations, credit reports, and video reports.
Section Ten. False Information. It shall be unlawful for any Person to furnish any
false report or information to the District which would reduce any Wastewater User Charges
imposed by the District.
Section Eleven. Violation of Ordinance. Any Person violating Section Ten 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 or more than $500.00. The imposition of such penalty shall in no way
restrict or deprive the District of its right to pursue any other remedy it may have for the collection
of any delinquent bill for Wastewater User Charges.
Section Twelve. Wastewater User Charge Review. The Board shall regularly
review the Wastewater User needs of the District and Wastewater User Charges, usually as a part
of a Rate Proposal from the Rate Commission, to assure the appropriateness of the Wastewater
User Charges and 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 bonds.
Section Thirteen. Notice of Rates. Each User Account shall be notified at least
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annually in conjunction with a regular billing for Wastewater User Charges as to the rate schedule
in effect; and
A) that part of Wastewater User Charges attributable to wastewater services.
Section Fourteen. 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 as herein provided.
Section Fifteen. 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 providing such collection services.
Section Sixteen. Appeals. Any Person who considers the Wastewater User Charges
billed to such Person pursuant to the provisions of this Ordinance or any other determination by
the District pursuant to the provisions of the Ordinance to be illegal, inaccurate or erroneous may
request a review thereof by the Director of Finance or his or her designate within thirty (30) days
of (i) the bill to such Person for Wastewater User Charges with respect to such Property, or (ii)
written notice to such Person of a determination by the District which is contested. 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
the Director of Finance's determination. The determination by the Executive Director shall be
considered a final order of the District.
Section Seventeen. Judicial Review. Any Person or Persons jointly or severally
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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 Eighteen. Adjustment Review Committee. A committee, to be known as
the Adjustment Review Committee (ARC), is hereby established and shall meet, at minimum once
a month to conduct its business. The ARC shall be comprised of the voting members which are
the District's Director of Finance, Assistant Director of Finance, the Secretary-Treasurer, and
General Counsel. Non-voting members are the Accounts Receivable Manager and Audit
Administrator.
A) For purposes of Section Eighteen of this Ordinance the following terms as used in
this Ordinance shall have the following meanings unless some other meaning is plainly intended.
B) Adjustment - any change in billing resulting from errors and/or changes in
circumstances.
C) Write-off - an uncollectible amount due the District according to State or Federal
Statute or as determined by majority approval of the ARC.
D) Settlement - agreement between the customer and the District to alleviate all or part
of a delinquent condition.
E) On a monthly basis, the ARC shall review and properly record in the minutes all
prior monthly billing adjustments as approved and presented by the Accounts Receivable
Manager. These billing adjustments may result from, but are not limited to misapplied payment,
CCF adjustment, reduction factor, water-off, and transfer of balance due to bankruptcy notice, new
occupant/water meter registrant, bank encoding error, or water back-up.
F) All write-offs or settlements of accounts shall require a majority of the ARC voting
members to meet and discuss before approval. No write-off or settlement in excess of Five
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Thousand Dollars ($5,000.00) and less than Twenty-five Thousand Dollars ($25,000.00) shall be
effective unless reviewed and approved by three (3) out of the four (4) voting members of the
ARC. Any write-off or settlement of Twenty-five Thousand Dollars ($25,000.00) or greater shall
require approval or ratification of the Board's Finance Committee. The suspension of these rules
may occur when a time constraint exists and a decision must be made before the next scheduled
meeting, or a situation exists from, but not limited to: foreclosure, sheriff or county tax sale, Land
Reutilization Authority, Land Clearance for Redevelopment Authority, or discharged bankruptcy.
In these instances, no settlements or write-offs in excess of Five Thousand Dollars ($5,000.00)
shall be effective unless reviewed and approved by three (3) out of four (4) voting members of the
ARC on an individual basis or at a special meeting as requested by any of the ARC members. All
such instances will be reported at the next regularly scheduled meeting of the ARC and recorded
in the minutes.
G) ARC activity will be reported to the Board's Finance Committee on a frequency
determined by the Board's Finance Committee.
H) The Adjustment Review Committee shall perform any other such duties relating to
billing and collection policies. Such duties shall be reported to the Executive Director and Board
of Trustees.
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 (i)
shall become effective July 1, 2021 (the "Effective Date"), and (ii) on the Effective Date, shall
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repeal and supersede Ordinance No. 15418, adopted June 11, 2020, and 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 or to bar the prosecution of any such violation in the manner
provided therein.
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APPENDIX I
WASTEWATER USER CHARGES
July 1,
2021
July 1,
2022
July 1,
2023
Charge Charge Charge
METERED PROPERTY
per Month/per User Account)
Base Charge $27.31 $28.26 $29.29
Volume Charge $5.17/100 $5.35/100 $5.55/100
All Volume Cubic Feet Cubic Feet Cubic Feet
UNMETERED RESIDENTIAL
PROPERTY
per Month/per User Account)
Base Charge $27.31 $28.26 $29.29
Room/Fixture Charge:
Room (each room) $3.06 $3.17 $3.29
Water Closet (each fixture) $11.40 $11.80 $12.23
Bath (each fixture) $9.51 $9.84 $10.20
Separate Shower (each fixture) $9.51 $9.84 $10.20
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APPENDIX I
WASTEWATER USER CHARGES
continued
July 1, 2021
Charge
July 1, 2022
Charge
July 1, 2023
Charge
NON-RESIDENTIAL PROPERTY
per Month/per User Account)
Extra Strength Surcharges
if water usage equals or exceeds
8000 cubic feet per month):
Suspended Solids (SS) * $309.88 $320.36 $329.43
Over 300 mg/liter (Milligrams per
liter)
Biochemical Oxygen Demand (BOD) 832.28 $860.43 $884.78
Over 300mg/liter (Milligrams per liter)
Chemical oxygen Demand (COD)* $416.14 $430.22 $442.40
Over 600 mg/liter (Milligrams per
liter)
Per Ton
Base Charge $27.31 $28.26 $29.29
Volume Charge $5.17/100 $5.35/100 $5.55/100
All Volume Cubic Feet Cubic Feet Cubic Feet
Compliance Charge/per Month
Tier 1: 0 Inspection/0 Sample Point $ 4.55 $ 4.71 $ 4.85
Tier 2: 1 Inspection/0 Sample Point $ 63.64 $ 65.80 $ 67.67
Tier 3: 1 Inspection/1 Sample Points $ 136.37 $ 140.99 $ 144.98
Tier 4: 1 Inspection/2 Sample Points $181.83 $187.98 $193.30
Tier 5: 1 Inspection/More Than
2 Sample Points
227.29 $234.98 $241.63
The foregoing Ordinance was adopted on June 10, 2021.