[R.O. 2017 § 700.460; Ord. No. 04-40 § 6-1, 10-19-2004]
The City shall collect wastewater
service charges for the use of, and the services rendered by, the
POTW from the owners or occupants of every lot, parcel of real estate
or building that has availability to the POTW or which discharges,
either directly or indirectly, wastes to the POTW.
[R.O. 2017 § 700.470; Ord. No. 04-40 § 6-2, 10-19-2004]
Except as otherwise provided in this
Article, wastewater service charges shall be based on the quantity
of water used on or in the property or premises subject to such charges
and shall be computed by applying the rates established by this Article
and shall be payable as provided in this Chapter.
[R.O. 2017 § 700.480; Ord. No. 04-40 § 6-3, 10-19-2004]
A. Except as otherwise provided in this Chapter,
wastewater service charges shall be based on one (1) of the following:
1.
On the quantity of water used from
any source of supply as measured by water meters acceptable to the
Director.
2.
On the quantity of wastewater entering
the POTW and measured by a wastewater meter acceptable to the Director.
3.
On the quantity of water used as
determined by the Director.
4.
On the quantity of wastewater entering
the POTW, as determined by the Director.
5.
On the percentage of the metered
water used entering the POTW, as determined by the Director.
B. Installation of water and wastewater meters
shall conform to the following:
1.
Any water utility shall install and
maintain in continuous efficient operation a water meter at each lot,
parcel of real estate or building served by a water utility.
2.
Each owner of a private well or other
private water supply shall, at his/her own expense, install and maintain
in continuous efficient operation a water meter acceptable to the
Director. In lieu of installing a water meter, the owner of a residence
may elect to be billed on the basis of three (3) ccf/month of wastewater
discharged per bedroom in the residence.
3.
The Director may require users of
the POTW to provide other methods of determination as may be required.
C. Maintenance of meters, either water or
wastewater, shall be in accordance with manufacturer's specifications.
The readings of any such meter which has not been maintained in a
continuous and efficient manner may be disregarded and the Director
may determine the wastewater volume delivered to the POTW during the
time covered by discredited meter readings.
D. Water meters, other than those of a water
utility, and wastewater meters shall be read by the user in accordance
with the meter reading practices of the Director. These readings shall
be furnished to the Director upon request.
E. Water meter readings obtained by a water
utility and other records pertaining to the billing and collection
of wastewater service charges shall be made available to the City
during business hours within four (4) days of the time readings are
taken.
[R.O. 2017 § 700.490; Ord. No. 04-40 § 6-4, 10-19-2004; Ord. No. 08-23 § 1
— 2, 10-7-2008]
A. Residential billing for wastewater charges
shall be determined as follows:
1.
The rates and charges established
by this Chapter shall be applied to the water consumption billed after
this Chapter shall have been placed in effect, except as otherwise
provided by this Chapter. In order that there will be the least wastewater
service charge to residential water consumers for water used to maintain
lawns, gardens, flowers, shrubs, trees, etc., water usage shall be
derived from water consumption recorded in periods when such activities
are reduced.
2.
If wastewater service bills are rendered
monthly, the basis for the bill for wastewater service for residences
shall be computed from the average of the monthly water consumptions
recorded during the period beginning November 15 and extending through
the following February 14 immediately preceding the establishment
of the basis for the charge or from the average of the consumptions
for any such months during which water was used, except as otherwise
provided.
a. In cases where a residence first becomes subject, after the meter
reading date for February, to the wastewater service charges established
in this Article and no water meter readings were taken before such
date, the owner or occupant of such residence shall be billed the
customer charge plus a volume charge, as determined by the Director,
until a basis can be established as provided in this Section.
b. Averages resulting in fractions of one hundred (100) cubic feet shall
be raised to the next whole number of one hundred (100) cubic feet
in computing average monthly water consumption or averages of monthly
water consumptions.
3.
If the basis of wastewater service
charges for a residence is established by agreement between the City
and the user, the agreement shall be reviewed annually by the City
and may be so reviewed at such other times as the City, in its discretion,
may require or permit.
[R.O. 2017 § 700.500; Ord. No. 04-40 § 6-5, 10-19-2004; Ord. No. 08-24 § 1, 10-7-2008; Ord. No. 11-15 § 1, 8-16-2011; Ord. No. 20-05, 2-18-2020; Ord. No. 20-14, 6-16-2020]
A. The schedule of wastewater service rates
shall be as follows:
1.
There shall be assessed for each
residential and non-residential user of the POTW a basic customer
charge of:
a.
Twenty-six dollars fifty-five cents
($26.55) per month for the fiscal year 2019;
b.
Twenty-seven dollars sixty-seven
cents ($27.67) per month for the fiscal year 2020;
c.
Twenty-eight dollars seventy-nine
cents ($28.79) per month for the fiscal year 2021;
d.
Twenty-nine dollars ninety-one cents
($29.91) per month for the fiscal year 2022;
e.
Thirty-one dollars three cents ($31.03)
per month for the fiscal year 2023;
f.
Thirty-one dollars three cents ($31.03)
per month for the fiscal year 2024;
g.
Thirty-one dollars three cents ($31.03)
per month for the fiscal year 2025;
h.
Thirty-one dollars three cents ($31.03)
per month for the fiscal year 2026;
3.
In addition to the basic customer
service charge, there shall be an additional monthly volume charge
for each customer as follows:
a.
For residential customers the additional monthly volume charge shall be calculated by first determining the average monthly water consumption for the period January 1 through March 31 in accordance with Section
700.490, and then charging the sum of:
(1) Five dollars fifty-nine
cents ($5.59) for each one thousand (1,000) gallons of water usage
per month, or any fraction thereof, during the fiscal year 2019 through
2026.
b. For non-residential users the additional monthly volume charge shall
equal:
(1)
Three dollars twenty-four cents ($3.24) for each one thousand
(1,000) gallons of water usage per month, or any fraction thereof,
during the fiscal year 2019;
(2)
Three dollars eighty-nine cents ($3.89) for each one thousand
(1,000) gallons of water usage per month, or any fraction thereof,
during the fiscal year 2020;
(3)
Five dollars fifty-nine cents ($5.59) for each one thousand
(1,000) gallons of water usage per month, or any fraction thereof,
during the fiscal year 2021 through 2026.
B. The
wastewater service rates and additional monthly volume charges established
hereby are subject to change based upon future charges for the same
imposed by the City of Springfield upon the City of Battlefield for
the treatment of sewage generated in the City of Battlefield. These
rates will change effective July 15 of each fiscal year.
[R.O. 2017 § 700.510; Ord. No. 04-40 § 6-6, 10-19-2004]
A. Schedule Established. Notwithstanding any
other provision of this Code to the contrary, there is hereby established
a charge to every new or expanded user of the POTW of the City, which
is in addition to the other fees and charges under this Article. An
expanded user of the POTW is a user which increases the size or number
of water meters serving its property or premises. The connection fee
will be in accordance with the following connection fee schedule and
shall be based on the water meter size serving the property or premises.
Connection Fee Schedule
|
---|
Meter Size
(inches)
|
Connection Fee
|
---|
3/4
|
$1,000.00
|
1
|
$1,403.00
|
1 1/2
|
$2,412.00
|
2
|
$3,068.00
|
3
|
$6,413.00
|
4
|
$10,420.00
|
6
|
$20,440.00
|
8
|
$32,465.00
|
10
|
$48,497.00
|
12
|
$62,525.00
|
B. New Users. New users of the POTW will not
be assessed an initial connection fee in the following instances,
but any increase in the size or number of water meters will be assessed
for expanded use:
1.
If an unexpired building permit was
in existence for the user's property or premises on September 19,
1990.
2.
If the user's property or premises
was served by the POTW, or if the new user occupied a structure in
and had previously been assessed for a joint sanitary sewer district,
on the effective date of the ordinance from which this Section derives.
3.
If there was a break in sewer service
to the user's property or premises for less than two (2) years.
4.
If the metered water usage on the
user's property or premises is solely for the purpose of fire protection
or landscape irrigation.
C. Rules And Regulations. The Director of
Public Works will have authority to establish rules and regulations
pertaining to connection fees set forth in this Section in order to
carry out the intent of the Section. Such rules and regulations must
be placed on file with the City Clerk ten (10) days before they become
effective. A permit to connect to the POTW shall not be issued by
the City or any other agency acting on behalf of the City with respect
to the issuance of permits to connect to the sewer system, unless
the connection fee set forth in this Section has been paid.
D. Increase In Size Or Number Of Water Meters.
Any user who increases the size or number of water meters serving
its property or premises shall pay a fee equal to the difference between
the connection fee for the meter which existed prior to the increase
and the connection fee for the newly installed meter.
[R.O. 2017 § 700.520; Ord. No. 04-40 § 6-7, 10-19-2004]
A. In order that rates and charges will be equitably related to the service rendered, the City shall, in addition to the charges set forth in Section
700.500, assess extra charges for biochemical oxygen demand and suspended solids in excess of the amounts thereinafter set forth. The extra charges for biochemical oxygen demand and suspended solids shall be as follows:
1.
The extra charges for biochemical
oxygen demand and suspended solids shall be as follows effective July
1, 2003:
a.
For five-day biochemical oxygen demand
in excess of twenty-one hundredths (0.21) pound for each one hundred
(100) gallons (250 milligrams per liter) of wastewater, an additional
charge of fifteen cents ($0.15) shall be made for each such excess
pound or fraction thereof.
b.
For suspended solids in excess of
twenty-five hundredths (0.25) pound for each one hundred (100) gallons
[three hundred (300) milligrams per liter] of wastewater, an additional
charge of ten cents ($0.10) shall be made for each such excess pound
or fraction thereof.
[R.O. 2017 § 700.530; Ord. No. 04-40 § 6-8, 10-19-2004]
A. Wastewater service charges established
by this Article shall be prepared and billed by the City and shall
be collected in the manner provided by law and ordinance.
B. Any billing may be for a period of more
or less than one (1) full month in order to make the collection period
correspond with the water meter reading schedules of any water utility.
C. The first and final bill for each user
shall be computed on a pro rata basis.
D. Wastewater service billing schedules shall
conform to the meter reading schedules of the water utility; provided
that whenever a private water utility company changes its water meter
reading practices, the City may continue to render bills in accordance
with wastewater service billing schedules, bases and procedures in
effect at the time the changes were made in water meter reading practices.
E. The rates and charges may be billed to
the tenants occupying the property served, unless otherwise requested
in writing by the owners, but such billings shall in no way relieve
the owner from liability if payment is not made as required in this
Section.
F. The owners of tenant-occupied property
shall have the right to examine the collection records of the City
for the purpose of determining whether such rates and charges have
been paid by such tenants; provided that such examination shall be
made at the office at which such records are kept and during the hours
that such office is open for business.
[R.O. 2017 § 700.540; Ord. No. 04-40 § 6-9, 10-19-2004; Ord. No. 20-34, 12-15-2020]
A. No person shall connect to the POTW any
property located outside of the City of Battlefield without first
having obtained the approval thereof from the Board of Aldermen of
the City and having provided and obtained an irrevocable consent to
annex application into the City.
B. Upon such approval by the Board of Aldermen
and after application for permit for connection therefor has been
received by the City and the payment of all such assessments and fees
for such connection as provided by ordinance has been paid, then,
and not before, property located outside the City limits may be connected
to the POTW.
[R.O. 2017 § 700.550; Ord. No. 04-40 § 6-10, 10-19-2004]
Any premises connected to the POTW under the provisions of Section
700.540 shall be deemed so connected as a privilege extended by the City and not as a matter of right and shall in no way relieve any such premises from its lawful share of any special assessment heretofore or hereafter made for the payment in whole or in part of the cost of construction of sanitary sewers.
[R.O. 2017 § 700.560; Ord. No. 04-40 § 6-11, 10-19-2004]
The Director is hereby authorized to require, as a condition of issuing special connect permits under the provisions set forth in Section
700.540, that the owner of the property being served by the special connect permit grant to the City a sewer easement in the areas where the Director determines sewers will be needed. The Director is authorized to accept such easements for and on behalf of the City.
[R.O. 2017 § 700.570; Ord. No. 04-40 § 6-12, 10-19-2004]
When a water utility has adjusted
water meter readings or when it appears that an inequity has occurred,
the Director may make adjustments of wastewater service charges. Any
user aggrieved by the decision of the Director shall have the right
to appeal to the Director of Public Works whose decision shall be
final for purposes of appeal pursuant to Chapter 536, RSMo.
[R.O. 2017 § 700.580; Ord. No. 04-40 § 6-13, 10-19-2004; Ord. No. 08-13 §§ 1
— 2, 7-1-2008]
A. If any user shall fail to pay his/her bill
within twenty (20) days after the date of rendition thereof, an additional
charge of ten percent (10%) thereof shall be added thereto. If any
such bill shall remain unpaid for a period of thirty (30) days after
date of rendition thereof, the property shall not be entitled to receive
sewage services from the City. Wastewater service to such premises
may be disconnected and shall not be reconnected until all past due
bills for wastewater services are paid in full, together with a cut-off
charge of thirty dollars ($30.00) if such reconnection is requested
between the hours of 8:00 A.M. and 4:00 P.M. Any requests for reconnection
required outside of the normal business hours of 8:00 A.M. and 4:00
P.M. shall be charged an additional twenty dollars ($20.00) or a total
of fifty dollars ($50.00). All such charges shall bear interest at
the statutory rate. If the water meter has been removed, an additional
charge of fifty dollars ($50.00) may be made for reinstallation of
the water meter. All such fees, penalties and charges may be waived
by the Board of Aldermen for good cause shown.
B. It shall be the duty of City utilities
or other representatives of the City charged with the responsibility
of receiving payments for wastewater services to notify the Director
of those premises which because of delinquency in the payment of bills
are no longer entitled to wastewater service, and the Director may
take the necessary steps to have the building sewer disconnected from
the POTW.
C. The occupant or user of the premises receiving
wastewater services and the owner of such premises shall be jointly
and severally liable to pay for such services rendered on such premises.
The City shall have the power to sue the occupant or the owner, or
both, of such real estate in a civil action and receive any sums due
for such services plus a reasonable attorney's fee to be fixed by
the court.
D. All owners of real property within or without the City of Battlefield, State of Missouri, to which sewage services are supplied are liable to the City for the charges for providing such sewerage service. The property owner's liability is concurrent with any person or persons residing upon said property and who may be deemed to be the actual users of the service. In addition to or in the alternative to the remedies of Subsection
(C) above, in the event the service charge or charges for use of sewerage services are not paid within the time or in the manner provided by ordinances of this City, the City may assess the delinquent charges and fees as a special assessment against lot or parcel of land to which services were provided. In such event, the City Clerk shall certify the unpaid delinquent charges and fees to the County Clerk, along with a legal description of the real property benefitting from the water and/or sewerage service, and the same shall be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible and shall become a lien upon the real property so served.
E. From and after the effective date hereof,
new users of the City's POTW shall be required to pay a deposit of
seventy-five dollars ($75.00) before wastewater service is established
or permitted. The City shall permit new users to utilize the City's
POTW forty-eight (48) hours after such new user's request to do so.
The deposit of any user who voluntarily terminates such user's utilization
of the City's POTW shall be returned to such user, less any amounts
due and owing the City for wastewater service. The deposits of users,
who are the owners of the premises to which wastewater service has
been established, shall be refunded to such users as a billing credit
thirty-six (36) months after the date service was established; provided,
however, that refunds shall not be made under the following circumstances:
[Ord. No. 15-04 §§ 1
— 2, 4-21-2015]
1.
Where the City has disconnected wastewater
service to such premises, or has threatened to disconnect wastewater
service to such premises, because of the non-payment for a period
of two (2) months of any charge incurred by such user for wastewater
service, or for any other use of the City's POTW, at any time during
the preceding thirty-six (36) months; and/or
2.
Where any such user has been delinquent
in the payment of any charge incurred for wastewater service, or any
other use of the City's POTW, within twelve (12) months immediately
preceding any date a refund credit is requested.
[R.O. 2017 § 700.590; Ord. No. 04-40 § 6-14, 10-19-2004]
A. Any water utility shall cease to furnish
water to any user who is delinquent in the payment of wastewater service
charges.
B. The funds of the water utility shall not
be used to defend against or to pay any claim arising from the action
of the Water Utility Department in complying with the terms of this
Article. Such claims shall be defended by or discharged by the City.