[CC 1995 §46.500]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Village to collect charges from all users who contribute wastewater to the Village's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works.
[CC 1995 §46.510]
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 (mg/l). (Test shall not utilize nitrification inhibitor.)
- IN-TOWN USER
- Denotes any contributor to the Village's treatment works whose source of wastewater is located within the corporate limits of the Village of Airport Drive, Missouri.
- NORMAL DOMESTIC WASTEWATER
- Wastewater that has a BOD concentration of not more than two hundred fifty (250) mg/l and a suspended solids concentration of not more than three hundred (300) mg/l.
- OPERATION AND MAINTENANCE
- All expenditures during the useful life of the treatment works for materials, labor, utilities, billing, equipment replacement 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 and for payment to the City of Carl Junction, Missouri for wastewater treatment.
- OUT-OF-TOWN USER
- Denotes any contributor to the Village's treatment works whose source of wastewater is located outside the corporate limits of the Village of Airport Drive, Missouri.
- 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 CONTRIBUTOR
- Any contributor to the Village's treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
- Is mandatory; MAY: Is permissive.
- SS (SUSPENDED SOLIDS)
- Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
- TREATMENT WORKS
- Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, wastewater collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works including acquisition of easements of land that is an integral part of the treatment process, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application) or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
- USEFUL LIFE
- The estimated period during which a treatment works will be operated.
- USER CHARGE
- That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
- WATER METER
- A water volume measuring and recording device furnished and/or installed by the Missouri American Water Company or the Jasper County Water District No. 1 and acceptable to the Village of Airport Drive, Missouri.
[CC 1995 §§46.520 — 46.540]
The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the Village may by ordinance designate to be paid by the user charge system. The user charge system shall also result in equitable recovery of capital cost from out-of-town users.
That portion of the total user charge which is designated for operation and maintenance, including replacement of the treatment works shall be established by this Chapter.
That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) primary accounts as follows:
An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).
An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made annually from the operation, maintenance and replacement revenue in the amount of two hundred dollars ($200.00) annually.
Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried to the same accounts in the subsequent fiscal year and shall used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following fiscal year in which the monies were borrowed.
[CC 1995 §§46.550 — 46.610; Ord. No. 91-5, 1-23-1992; Ord. No. 02-4 §1, 4-25-2002; Ord. No. 2-11 §1, 6-25-2002; Ord. No. 03-3 §§2 — 3, 5-22-2003; Ord. No. 12-04 §§2 — 3, 6-29-2004; Ord. No. 09-09 §1, 6-22-2009; Ord. No. 11-11 §1, 9-1-2011; Ord. No. 01-12 §1, 2-23-2012; Ord. No. 06-12 §1, 6-28-2012; Ord. No. 12-12 §1, 8-23-2012; Ord. No. 19-12 §1, 9-27-2012]
Unless specifically noted otherwise in this Chapter, each user shall pay for the services provided by the Village based on his/her use of the treatment works as determined by water meters acceptable to the Village.
For contributors to the Village sewer collection and treatment system, monthly user charges will be based on average monthly water usage during the months of January, February and March of each year. If a contributor has not established a January, February and Match avenge, his/her monthly user charge shall be the medium charge of the other users within such user's classifications established by this Section.
The minimum charge per month for residential users whose discharge is measured by a waste water meter shall be twenty-nine dollars thirty cents ($29.30) per month. In addition, each residential contributor served by meter water or whose discharge is measured by a separate waste meter shall pay a user charge rate for operation and maintenance, including replacement, of three dollars twenty-five cents ($3.25) per thousand gallons of water used or fraction used thereof per month. The charge for residential users not served by meter water or whose discharge of all residential users for the previous billing cycle.
[Ord. No. 10-13 §1, 6-27-2013; Ord. No. 07-14 §1, 9-25-2014; Ord. No. 08-16, 7-28-2016; Ord. No. 07-18, 6-28-2018; Ord. No. 16-20, 9-24-2020]
The minimum charge per month for commercial, institutional, and industrial users shall be as follows:
[Ord. No. 01-13 §1, 2-28-2013; Ord. No. 10-13 §1, 6-27-2013; Ord. No. 07-14 §1, 9-25-2014; Ord. No. 08-16, 7-28-2016; Ord. No. 07-18, 6-28-2018; Ord. No. 16-20, 9-24-2020]
Minimal commercial users (Commercial 0): fifty-one dollars ($51.00) per month, plus two dollars ninety cents ($2.90) per one thousand (1,000) gallons of water used or fraction thereof.
Small users (Commercial 1): sixty-nine dollars ($69.00) per month, plus two dollars ninety cents ($2.90) per one thousand (1,000) gallons of water used or fraction thereof.
Medium users (Commercial 2): ninety-four dollars ($94.00) per month, plus two dollars ninety cents ($2.90) per one thousand (1,000) gallons of water used or fraction thereof.
Large users (Commercial 3): one hundred twenty–four dollars twenty-five cents ($124.25) per month, plus two dollars ninety cents ($2.90) per one thousand (1,000) gallons of water used or fraction thereof.
Editor's Note: Section 2 of this ordinance, adopted to correct a typographical error in Ord. No. 19-12, provided that it would be effective as of the effective date of Ord. No. 19-12, which was adopted 9-27-2012.
(Reference is made to Appendix A of this Chapter, which is on file in the Village offices.) For those users who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:
Any user which discharges any toxic pollutant which cause an increase in the cost of managing the effluent or the sludge from the Village's treatment works or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works shall pay for such increased costs. The charge to each such user shall be as determined by the responsible City of Carl Junction, Missouri, plant operating personnel and City Council and approved by the Village Board of Trustees.
The user charge rates established in this Section apply to all users of the Village's treatment works, regardless of their location. These charges apply and take precedence over any agreements or contracts between the Village of Airport Drive, Missouri, and any users which are or may be inconsistent with the requirements of the Clean Water Act.
Notwithstanding anything contained in this Section, in the event a user of the Village sewer system does not have an established water use at the time of initial service, then until such use is established, the user shall be charged the average of volume of water used by the classification within which the user falls, as described in Subsection (D) of this Section.
The minimum charge for out-of-town users who have entered into a contract with the Village for the transport of wastewater shall be the sum of twenty-nine dollars seventy-five cents ($29.75) per user, per month.
[Ord. No. 07-18, 6-28-2018; Ord. No. 16-20, 9-24-2020]
[CC 1995 §46.620]
The Board of Trustees shall review each wastewater contributor's water usage and adjust the same based upon each user's consumption for the preceding twelve (12) months since the last calculation or adjustment to determine each individual's total water usage for the preceding twelve (12) month period.
[CC 1995 §§46.630 — 46.640; Ord. No. 07-10, 6-24-2010; Ord. No. 18-11, 12-15-2011]
All users shall be billed monthly. Billings for any particular month shall be made within thirty (30) days after the end of that month. Payments are due when the billings are made. Any payment not received within thirty (30) days after the billing is made shall be delinquent.
A late payment penalty of ten percent (10%) of the user charge bill will be added to each delinquent bill for each thirty (30) days of delinquency. When any bill is thirty (30) days in default, rendition of water and/or sewer service to such premises shall be discontinued until such bill is paid following due notice and opportunity for hearing.
The owner of commercial premises, with multiple users served by one (1) water meter, shall be billed and be responsible for sewer charges provided to the commercial premises, or charges may be assessed against each individual user based upon water usage and the category of users at the premises.
Provided however, if the owner provides proof of vacancy of a unit due to the lack of water service and for sewer services to the premises, then no minimum charge shall be assessed for that user for that unit, for that month.
[CC 1995 §§46.650 — 46.660]
The Village will review the user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, including replacement, and costs associated with debt retirement of bonded capital associated with financing the treatment works and that the system continues to provide for the proportional distribution of operation and maintenance, including replacement costs, and costs associated with debt retirement of bonded capital associated with financing the treatment works among users and user classes.
The Village will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance, including replacement, of the treatment works and cost associated with debt retirement of bonded capital associated with financing the treatment works.
[CC 1995 §§46.665 — 46.670; Ord. No. 15-05 §1, 10-27-2005]
Joint And Several Liability For Unpaid Utility Bills. Every property owner shall be responsible for any utility charges or fees left unpaid by any tenant of the premises served by water or sewer utility and the liability for such service shall be joint and several between the landlord and the tenant. Where the landlord or property owner fails to pay a utility charge, the Village may refuse to provide any utility service to the property with the delinquent charge, even in the name of the subsequent tenant or a new owner of the property. Upon written request, the Village will send a duplicate bill each month to the landlord so that the landlord can determine, to his/her satisfaction, that the bill is paid. The liability of the landlord for services provided to the tenant shall be limited to services provided for the previous ninety (90) days.
Whenever it appears to the Village Clerk that sewer user charges levied by the Village against a tract of property remain unpaid for a period of thirty (30) days, the Clerk shall send the responsible parties (owner as shown by the real estate records of the Jasper County Recorder of Deeds and any tenant or lessee known to the Clerk) a notice, postage prepaid, first class mail, which will recite at least the following facts.
The amount of charges and when the charges were incurred.
The amount of late charge, if any.
The property address.
A statement that unless the charges are paid prior to the next Board of Trustees meeting, the Board of Trustees may authorize the institution of legal proceedings or the issuance of a special tax bill which shall be a first (1st) lien against the property and bear interest at the rate of ten percent (10%) per annum.
The date, time and location of the next Board of Trustees meeting along with an invitation to appear and protest the charges, institution of legal proceedings or issuance of special tax bill.
[CC 1995 §46.680]
The notice referred to in Section 705.080(B) herein shall be mailed by the Village Clerk at least ten (10) days prior to the next Board of Trustees meeting.
[CC 1995 §§46.690 — 46.710]
At the next Board of Trustees meeting, the owner or other interested person may appear before the Board of Trustees and present whatever evidence or argument against the issuance of the special tax bill or institution of legal proceedings.
In the event the Board of Trustees shall vote to issue a special tax bill or institute legal proceedings, the Village Attorney shall be so authorized to prepare the necessary pleadings or special tax bill which shall be signed by the Village Clerk and to file the same with the appropriate office. A reasonable attorney's fee of seventy-five dollars ($75.00) and the costs of recording shall also be included in said special tax bill.
A special tax bill shall be deemed satisfied when the amount of charges, penalties, interest, recording costs and a reasonable attorney's fees are paid.