City of Branson West, MO
Stone County
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Table of Contents
Table of Contents

Section 710.010 Definitions.

[CC 1997 §16-1; Ord. No. 10-89 Art. I, 10-19-1989; Ord. No. 1179, 1997]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building (including all appurtenances to the line) to the public sanitary sewer easement.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
PERSON
Any individual, firm, company, association, society, corporation, or other group or entity.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension.
PUBLIC SANITARY SEWER EASEMENT
An easement granted the City for public sewer purposes, which has been signed by the individual granting the easement, recorded at the Stone County Recorder's office, and signed by an official of the City having the authority of the Board to accept the easement.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SHALL
Is mandatory; MAY: Is permissive.
SLUG
Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Superintendent of Sewage Works and/or of Water Pollution Control of the City, or the Mayor, or their authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension, in water, sewage, or other liquids and which are removable by laboratory filtering.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.

Section 710.020 Use of Public Sewers Required.

[CC 1997 §16-2; Ord. No. 10-89 Art. II, 10-19-1989]
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
D. 
The owner of all houses, buildings, or properties used for human habitation, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required, at his/her expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the structure.
E. 
A chemical toilet or privy vault may be used by a building contractor only, and by no other person, firm or corporation. The use of a chemical toilet requires a permit (permit fee, twenty dollars ($20.00)). This permit will be valid for only thirty (30) days. If the chemical toilet has been operated in an acceptable manner during the thirty (30) days, the permit may be extended for an additional sixty (60) consecutive days at no charge.
F. 
Every person, entity or organization selling or offering to sell products, including roadside peddlers, tent shows, craft shows, etc., must have a merchant's license to sell or offer to sell. Their merchant's license must be accompanied with a statement showing that acceptable toilet facilities will be used by them and they must have the signature of the store owner or manager of the building where they intend to use the toilet facilities.

Section 710.030 Private Sewage Disposal.

[CC 1997 §16-3; Ord. No. 10-89 Art. III, 10-19-1989]
A. 
Where a public sanitary or combined sewer is not available under the provisions of Section 710.020(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section.
B. 
The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Natural Resources of the State of Missouri. Private sewage disposal systems employing subsurface soil absorption facilities will not be allowed where the area of the lot is less than ten thousand (10,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
C. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in Subsection (B), a direct connection shall be made to the public sewer in compliance with this Chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
D. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
E. 
No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
F. 
When a public sewer becomes available, the building sewer shall be connected to said sewer within ninety (90) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bankrun gravel or dirt.

Section 710.040 Building Sewers and Connections.

[CC 1997 §16-4; Ord. No. 1032 §1, 12-14-1993; Ord. No. 1119 §1, 4-18-1996; Ord. No. 1157, 1-24-1997; Ord. No. 59-2008 §§16-5—16-6, 8-12-2008]
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
B. 
A sewer permit, connection and inspection fee shall be paid to the City of Branson West at the time the application to construct and/or connect to City sewer is filed as follows:
Inside City limits—residential $100.00
*For each sewer connection to a dwelling or other structure located entirely outside the City limits (regardless of whether any part of the parcel on which the dwelling or other structure is located is partially inside the City limits), the sewer connection fee will be two (2) times the connection fee for users within the City limits.
Inside City limits—commercial $200.00
*For each sewer connection to a dwelling or other structure located entirely outside the City limits (regardless of whether any part of the parcel on which the dwelling or other structure is located is partially inside the City limits), the sewer connection fee will be two (2) times the connection fee for users within the City limits.
C. 
A sewer impact fee shall be paid to the City of Branson West at the time the application to construct and/or connect to City sewer is filed according to the following schedule.
Inside City limits—residential $250.00
*For each sewer impact fee to a dwelling or other structure located entirely outside the City limits (regardless of whether any part of the parcel on which the dwelling or other structure is located is partially inside the City limits), the sewer impact fee will be three (3) times the impact fee for users within the City limits.
Non-residential *
* The following non-residential fees shall apply as applicable, with the minimum impact fee for these and unspecified businesses being two hundred fifty dollars ($250.00).
Bauty/barber shop $50.00/chair
Campground/RV park $25.00/space
Car dealership $40.00/employee
Convenience store $120.00/set of pumps
Eating establishment $10.00/seat
Filling station $120.00/set of pumps
Laundromat $50.00/washing machine
Medical clinic $100.00/employee
Motel $40.00/room
Office suite $5.00/employee
Retail establishment $5.00/employee
Shopping mall $55.00/1,000 square feet
Supermarket $20.00/employee
Tavern/bar $10.00/seat
D. 
All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
E. 
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one (1) building sewer.
F. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Article.
G. 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of pipe, jointing, testing and backfilling and trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. Except where specified otherwise, all distribution and collection lines for sewer being served or to be served by the City shall be properly bedded according to the following specifications:
1. 
A six (6) inch layer of granular stone material shall be laid in the bottom of the trench after said trench has been dug to the proper depth.
2. 
Granular stone material shall be crushed limestone consisting of aggregate particles meeting the requirements of ASTM C-33, latest revision, gradation 67, one (1) inch pipe to No. 8 size as follows:
Sieve Size % Passing
1 inch 100
¾ inch 90—100
3/8 inch 20—55
No. 4 0—10
No. 8 0—05
3. 
The pipeline is to be assembled on top of the granular stone material. The pipeline shall be bedded on both sides and on the top with six (6) inches of granular stone material after it is assembled. The trench shall then be filled with suitable backfill material and properly compacted.
4. 
The City representative shall inspect installation of sewer lines to ensure compliance with these specifications prior to any use of the line.
When a person or entity other than the City has been duly authorized to construct public sewer lines on behalf of the City or which it will dedicate to City use, to which building sewer(s) will be connected, the above construction specifications of this Subsection (G) shall be deemed to apply to any and all such public sewer construction.
H. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
I. 
No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
J. 
The connection of the building sewer into sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
K. 
The applicant for the building sewer permit shall notify the Superintendent when the building is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his/her representative.
L. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

Section 710.050 Use of Public Sewers.

[CC 1997 §16-5; Ord. No. 10-89 Art. V, 10-19-1989]
A. 
No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
B. 
Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer, or natural outlet.
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
2. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, or injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.
3. 
Any waters or wastes having a pH lower than five and one-half (5.5), or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
4. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, mild containers, etc., either whole or ground by garbage grinders.
5. 
Any waters or wastes having:
a. 
A five (5) day BOD greater than three hundred (300) parts per million by weight, or
b. 
Containing more than three hundred fifty (350) parts per million by weight of suspended solids, or
c. 
Having an average daily flow greater than two percent (2%) of the average sewage flow of the City, shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to:
(1) 
Reduce the biochemical oxygen demand to three hundred (300) parts per million by weight,
(2) 
Reduce the suspended solids to three hundred fifty (350) parts per million by weight, or
(3) 
Control the quantities and rates of any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.
D. 
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
1. 
Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) (sixty-five degrees Celsius (65°C)).
2. 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32°F) and one hundred fifty degrees Fahrenheit (150°F) (zero degrees (0°) and sixty-five degrees Celsius (65°C)).
3. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of one-half (½) horsepower (0.51 hp metric) or greater shall be subject to the review and approval of the Superintendent.
4. 
Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
5. 
Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
6. 
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal or other public agencies of jurisdiction for such discharge to the receiving water.
7. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.
8. 
Any waters or wastes having a pH in excess of nine and one-half (9.5).
9. 
Materials which exert or cause:
a. 
Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
b. 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
d. 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
10. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving water.
E. 
If any waters or waste are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or passes the characteristics enumerated in Subsection (D) of this Section, and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
1. 
Reject the wastes.
2. 
Require pretreatment to an acceptable condition for discharge to the public sewers.
3. 
Require control over the quantities and rates of discharge; and/or
4. 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection (J) of this Section.
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.
F. 
Grease, oil, and sand interceptors shall be provided when required by Section 710.060 or, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection.
G. 
Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.
H. 
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the waste. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his/her expense, and shall be maintained by him/her so as to be safe and accessible at all times.
I. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted method to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pHs are determined from periodic grab samples.)
J. 
No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.

Section 710.060 Grease Traps Required.

[CC 1997 §16-6; Ord. No. 1137, 9-10-1996]
A. 
All businesses where oils and greases are cleaned off of eating and food preparation utensils or equipment shall be required to install an approved grease trap to intercept any fats, oils or greases before they enter the City of Branson West's wastewater system.
B. 
The following drain lines shall run into a grease interceptor:
1. 
Dishwasher,
2. 
Three (3) vat sink,
3. 
Any food prep sink used for thawing out or washing meats, poultry, or fish,
4. 
Mop sinks,
5. 
Ice cream dipper wells,
6. 
Floor drains in kitchen area,
7. 
A drain from the trash pad to the grease interceptor should be considered if there is a bulk grease bin at the trash pad site.
C. 
Garbage Disposal. Bulk or drained off grease should not be dumped in disposal. Grease-producing food should not be run through the disposal; if they are, then the disposal will need to be run to the grease interceptor.
D. 
The size of the grease interceptor will depend upon the number of seats and/or type of food being prepared. The minimum size will be two hundred (200) gallons for up to thirty (30) seats; one thousand (1,000) gallons for up to two hundred fifty (250) seats; one thousand five hundred (1,500) gallons for two hundred fifty (250) through three hundred fifty (350) seats; and two thousand (2,000) gallons for three hundred fifty (350) seats plus, unless otherwise approved by the Public Works Department. They shall also be readily available for grease removal and cleaning. The site of the interceptor shall be at the discretion of the Public Works and Health Departments.
E. 
Grease interceptors shall be inspected upon installation, before being covered up, by a representative of the Public Works Department.

Section 710.065 Cleaning Agents Containing A Certain Amount of Phosphorus.

[Ord. No. 1219 §§1—4, 9-22-1998]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
CITY OF BRANSON WEST
The corporate limits of the City of Branson West proper as well as any City, corporation, business, school or individual connected to or using the Branson West sanitary sewer system.
CLEANING AGENT
A laundry detergent, dishwashing compound, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound, or other substance that is intended to be used for cleaning purpose.
PHOSPHORUS
Elemental phosphorus.
B. 
Exemptions.
1. 
This Section does not apply to a cleaning agent that is:
a. 
A detergent used in dairy, beverage, or food processing cleaning equipment;
b. 
A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner;
c. 
A detergent used in hospital, veterinary hospitals or clinics, or health care facilities or in agricultural production;
d. 
A detergent used by industry for metal cleaning or conditional;
e. 
Manufactured, stored, or distributed for use or sale outside of State;
f. 
Used in laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory;
g. 
Used in a commercial laundry that provides laundry services for a hospital, health care facility, or veterinary hospital.
2. 
The duration of these exemptions shall be for one (1) year after this ordinance.
C. 
Restrictions.
1. 
Except as provided in Subsection (B) of this Section, after January 1, 1999, a person shall not use, sell, manufacture, distribute or dispose within the City of Branson West any cleaning agent that contains more than zero percent (0.0%) phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding five-tenths percent (0.5%) phosphorus that is incidental to manufacturing.
2. 
After January 1, 1999, a person shall not use, sell, manufacture, distribute or dispose within the City of Branson West any cleaning agent used in a dishwashing machine, whether commercial or household, that exceeds eight and seven-tenths percent (8.7%) phosphorus by weight.
D. 
Seizure Of Products Of Violation. Authorized deputies may seize any cleaning agent held for sale, distribution, or use in violation of this Section. The seized cleaning agents are considered forfeited.

Section 710.070 Powers of Authority of Inspections.

[CC 1997 §16-7; Ord. No. 10-89 Art. VII, 10-19-1989]
A. 
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Chapter. The Superintendent or his/her representatives shall have no authority to inquire into any processes including, metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to in Subsection (A) above, the Superintendent or authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as it is caused by negligence or failure of the company to maintain safe conditions as required in Section 710.050(H).
C. 
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

Section 710.080 Penalties.

[CC 1997 §16-8; Ord. No. 10-89 Art. VIII, 10-19-1989]
A. 
Any person found to be violating any provision of this Chapter shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof; except in cases of unauthorized connection to City sewer lines, which may be disconnected without notice as provided in Section 700.140, or in cases of tampering, destruction, or other acts which have caused or may cause physical damage, where the offender may be immediately cited and prosecuted under all applicable criminal and/or civil provisions. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
In addition to other applicable penalties, any person who shall continue any violation beyond the time limit provided for in Subsection (A) shall be guilty of a misdemeanor, and on conviction thereof may be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.
C. 
Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

Section 710.090 Validity.

[CC 1997 §16-9; Ord. No. 10-89 Art. IX, 10-19-1989]
A. 
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
B. 
The invalidity of any Section, clause, sentence, or provision of this Chapter shall not affect the validity of any other part of this Chapter which can be given effect without such invalid part or parts.

Section 710.100 through Section 710.200. (Reserved)

Section 710.210 Definition of Terms Used Herein.

[CC 1997 §16-21]
The following terms shall have the meanings set out below unless otherwise specified. Those terms not defined below shall be defined as set out in Section 710.010.
APARTMENT
A room or suite of rooms located in a building in which there are three (3) or more such rooms or suites.
BEAUTY SHOP OR BARBERSHOP
A business that offers hair care or other personal hygiene services.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter.
CAMPGROUND OR RV PARK
An area where one (1) or more tents, campers, or recreational vehicles (RV) can be or are intended to be parked, designed or intended to be used as temporary living facilities for one (1) or more families and intended primarily for automobile transients.
CAR DEALERSHIP
A business where new and/or used cars and trucks are offered for retail sale, and major and minor automotive repair services, including parts, may be provided for compensation.
CITY
The City of Branson West, Missouri.
CONDOMINIUM
A legal arrangement in which a dwelling unit in an apartment building is individually owned but to which the common areas are owned, controlled, and maintained through an organization controlled by the individual owners.
CONVENIENCE STORE
A business establishment where diversified goods (including groceries, sundries, motor oil, and gasoline, for example) are available for retail sale, generally by means of customer self-service.
EATING ESTABLISHMENT
A business that serves food to customers for consumption on the premises or for carry-out.
FILLING STATION
Any building, structure, or land used for the dispensing, sale, or offering for sale at retail any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage and primarily normal domestic wastes or wastes from sanitary convenience.
LAUNDROMAT
A business that provides home-type washing and drying machines for hire to be used by the customer on the premises.
MEDICAL CLINIC
An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) or more physicians, dentists, etc., practicing either together or individually.
MOTEL
A building or group of buildings used primarily for the temporary residence of motorists or travelers for compensation; as such, it is open to the public and which does not contain kitchen facilities or a cook stove.
NON-RESIDENTIAL CUSTOMER
Any person, firm, partnership, corporation, or other entity occupying any building or structure which is connected to the City sewer system, and not classified as a residential customer.
NORMAL DOMESTIC WASTEWATER
Wastewater that has a five (5) day BOD concentration not in excess of three hundred (300) mg/l and a suspended solids concentration not in excess of three hundred fifty (350) mg/l.
OFFICE SUITE
An office building or any other facility where office space is provided or service, retail or wholesale activities occur and where goods are not consumed or used on the premises and which is not classified otherwise.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
RESIDENTIAL CUSTOMER
Any person(s) occupying any building or structure which is connected to the City sewer system, the principal use of which is a place of abode for any person or persons on other than a temporary basis.
RETAIL BUSINESS
Any person, firm, partnership, corporation, or other entity occupying any building or structure which is connected to the City sewer system, the principal use of which is for engaging in commerce or trade, and having a financial profit as the primary aim and not classified otherwise.
SHOPPING MALL
A number of retail businesses contained within a single structure or building in which ingress and egress to and from individual businesses is made through a common area within the structure or building.
SUPERMARKET
A retail market selling food and household merchandise.
SS (DENOTING SUSPENDED SOLIDS)
Solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
TAVERN OR BAR
A business where customers are served alcoholic and non-alcoholic beverages to be consumed on the premises with the sale of such beverages accounting for at least seventy-five percent (75%) of the business's annual revenues.
TOXIC WASTE
Any waste which is deleterious to treatment plant operation or to sludge utilization, which constitutes a hazard to humans or animals, or which will create a hazard on the receiving waters of the sewage treatment plant effluent.
USEFUL LIFE
The estimated period during which the sewage treatment works will be operated.
USER CHARGE
That portion of the sewer service charges which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
WASTEWATER
Sanitary sewage, water or other liquids entering the sanitary sewage system of the City.

Section 710.220 Security Deposit For Sewer Service Required.

[CC 1997 §16-22; Ord. No. 1184 §§1—2, 7-1-1997; Ord. No. 59-2008 §16-22, 8-12-2008]
A. 
In addition to sewer connection fees, sewer impact fees and water service connection fees, which may be applicable, all applicants for City sewer use must submit with their application for service, prior to beginning service, a security deposit in the following amounts or twice the following amounts for each sewer connection to a dwelling or other structure located entirely outside the City limits (regardless of whether any part of the parcel on which the dwelling or other structure is located is partially inside the City limits):
Type of Establishment Sewer Security Deposit
Single-family residential unit $75.00
Multi-family residential unit (per unit) $75.00
Resort, timeshare, motel (per unit) $50.00
Barber and beauty shop $100.00
Grocery or convenience store $200.00
Medical clinic $200.00
Laundry, restaurant $500.00
All other commercial or industrial users Twice monthly estimated bill
Car wash The greater of $500.00 or twice monthly estimated bill
B. 
All or any portion of the sewer security deposit may be applied by the City Clerk or Utility Clerk at the time any bill owed by the customer becomes delinquent or at the termination of service.

Section 710.230 Sewer Service Rates.

[CC 1997 §16-23; Ord. No. 33-2007 §16-23, 4-10-2007; Ord. No. 59-2008 §16-23, 8-12-2008; Ord. No. 115-2011, 9-13-2011]
A. 
The City shall collect sewer service rates for the use of the City's sanitary sewer collection and treatment system from the owners or occupants of each residence, building or structure which is connected to the City's sanitary sewer system or which discharges lawful effluent into the City's sewer system by another lawful means.
B. 
Except as otherwise provided by ordinance, sewer service charges shall be based on the quantity of water used by, on or in the property or premises subject to such charges; shall be computed by applying the rates herein established; and shall be payable as provided by ordinance.
C. 
The monthly sewer rates to be charged each customer whose property served is entirely within the City limits shall be twenty-one dollars thirty cents ($21.30) for the first two thousand (2,000) gallons of water used and four dollars fifty cents ($4.50) per one thousand (1,000) gallons thereafter, or any fraction thereof.
D. 
The monthly sewer rates stated in the preceding Subsection (C) shall be doubled for each connection to a dwelling or other structure located entirely outside the City limits (regardless of whether any part of the parcel on which the dwelling or other structure is located is partially inside the City limits), or for customers who deliver their lawful effluent to the City's sewer system by tank truck.

Section 710.240 Determination of Usage.

[CC 1997 §16-24]
A. 
The gallons of sewer usage shall be presumed to equal the gallons of water usage as set out immediately below. Except as otherwise herein provided, sewer service charges shall be based on the following:
1. 
On the quantity of water used from any source or sources of supply as measured by a water meter or meters acceptable to the City.
2. 
On the quantity of sanitary sewage, industrial wastes, water or other liquids entering the sanitary sewage system of the City and measured by a sewage meter acceptable to the City.
3. 
On the quantity of water used as determined by the City or other authorized representative of the City.
4. 
On the quantity of sanitary sewage, industrial wastes, water or other liquids entering the sanitary sewage system of the City as determined by the City or other authorized representatives of the City.
5. 
On the quantity of the metered water used entering the sanitary sewage system as determined by the City, or other authorized representative of the City.
B. 
Installation Of Water And Sewage Meters. Should a substantial portion of the water consumed by a customer be used in a commercial or industrial process which precludes the water being discharged into the sanitary sewer, the City will require such customers to install and maintain one (1) or more sewage meters or additional water meters in such a manner as to determine the quantity of water actually entering the sanitary sewage works.
Where such meters are installed, they shall be of a type approved by the City and shall be installed and maintained in continuous efficient operation by the user at his/her own expense.
C. 
Maintenance Of Meters. Where installed, all water meters on private supplies or sewage meters shall be maintained by the owner, at his/her expense, in continuous efficient operation at all times. The readings of any such meter which, in the opinion of the City, has not been so maintained will be disregarded and the City or its authorized representative shall determine the sewage volume delivered to the sanitary system of the City during the time covered by discredited meter readings.

Section 710.250 Surcharges For Extraordinary Use.

[CC 1997 §16-25]
Extra Charge For Discharge Of Toxic Substances. Any customer who discharges a toxic substance which is deleterious to the treatment process or to sludge utilization shall be liable for all costs incurred by the City in returning the treatment process or sludge to its proper condition. Such extra charges shall be determined by the treatment plant operation subject to review and approval by the Board of Aldermen and shall include, but not be limited to, costs of labor, chemicals, and equipment directly used in correcting the toxic conditions.

Section 710.260 Method of Billing.

[CC 1997 §16-26]
All sewer service charges established by this Chapter shall be stated on a written bill rendered monthly, and showing the sewer service charge and extra charges, if applicable. Any user of the City sewer system who is delinquent in the payment of the sewer service charge provided herein shall be subject to being disconnected from the sewer system. No person who has been disconnected from the sewer system shall be again connected thereto until he/she has paid to the City all delinquent sewer bills in full together with a reconnection fee of forty-five dollars ($45.00).

Section 710.270 Adjustments.

[CC 1997 §16-27]
A. 
When it appears that an inequity has occurred, the Superintendent or City Clerk may submit a report to the circumstances and make recommendations for adjustments of sewer service charges to the Board of Aldermen. Any recommendations for adjustments must be approved by said Board before such adjustments shall be effective.
B. 
The Board may establish flat billing rates for certain customers for whom the establishment of sewer usage by water flow is impossible or impractical. Such rate schedule shall be kept by the City Clerk.

Section 710.280 Inspection — Inspectors — Powers and Authority.

[CC 1997 §16-28]
The elected officials of the City of Branson West, Missouri, and duly authorized employees of said City bearing identification shall, at reasonable times, be permitted to enter upon all properties for the purpose of inspection, observation, measurements, sampling and testing in accordance with the provisions of this Chapter.

Section 710.290 Accounting System For Sewer Funds.

[CC 1997 §16-29]
A. 
All monies collected under the authority of this Chapter shall accrue to one (1) of two (2) sewer funds which shall herewith be established. A Sewer Operation and Maintenance Fund shall be established to provide for routine expenses incurred in providing sewer service. A Sewer Replacement Fund shall be established to provide for replacement of major items of equipment as their useful life expires.
B. 
A minimum amount of two thousand six hundred dollars ($2,600.00) per year from the funds collected under this Chapter shall be deposited to the Sewer Replacement Fund. Disbursements from this fund shall be only for purchasing and installing equipment, accessories, or appurtenances to the sewer system which might be required to enable the sewer system to continue operating at its design capacity.
C. 
The remaining funds collected under this Chapter shall be deposited to the Sewer Operation and Maintenance Fund. Disbursements from this fund shall be only for the purpose of operating and maintaining the sewer system.

Section 710.300 Transfer of Monies To Funds.

[CC 1997 §16-30]
A. 
In the event either of the sewer funds shall be deficient for operation and maintenance or replacement needs at a given time, monies may be transferred from other City funds, provided however, that such monies shall be replaced through prompt collection of revenues under this Chapter or through adjustment of the rate schedule in this Chapter.
B. 
Any excess monies in the Operation and Maintenance Fund at the end of each fiscal year shall be carried forward in that fund and shall not be transferred to any other City fund.

Section 710.310 Review of Rate Schedule.

[CC 1997 §16-31; Ord. No. 4-89, N/A]
A. 
At the end of each fiscal year, the balances in the sewer funds shall be reviewed to insure adequate rate schedules for the following year.
B. 
Any Operation and Maintenance Fund balance carried forward shall be identified by class and credited to the amount due from the customer class in order to meet the budgeted sewer system expenses for the following year. The rate schedule adopted for any fiscal year shall be adequate to insure adequate operation and maintenance funds, and to maintain a sufficient replacement fund to cover costs of anticipated major equipment replacements.