[Ord. No. 1308 §4-1, 3-19-2001; Ord. No. 1419 §1, 11-3-2003; Ord.
No. 1447 §§5 — 8, 6-21-2004]
A.
APPLICANT
BUILDING CONNECTION
BUILDING SEWER
CUSTOMER
CUSTOMER WITH PRIVATE WATER SUPPLY
DEPARTMENT
INDUSTRIAL WASTE BUILDING SEWER
OWNER-CUSTOMER
PREMISES
1.
2.
3.
4.
PUBLIC SEWER
RESIDENTIAL OR COMMERCIAL BUILDING SEWER
SERVICE CONNECTION
TENANT-CUSTOMER
Definitions. The
following words, terms and phrases, when used in this Article, shall
have the meanings ascribed to them in this Section, except where the
context clearly indicates a different meaning:
The owner or the owner's duly authorized representative,
such as builder, developer, or plumber, who applies for a permit to
connect to the City's sewerage system.
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 outside the inner face of the building
wall.
The extension from the building connection to the public
sewer or other place of disposal.
The party who has applied for continuing sewerage service
and will be responsible for paying periodic bills. Each service connection
shall be considered a separate customer.
The customer who obtains water from sources other than the
City's water system but discharges sewage into the City's sewerage
system.
The Sewer Department of the City.
A sewer carrying wastes other than human and other domestic
wastes or in combination with these wastes.
The customer who owns the premises to which sewerage service
will be provided.
Each residential dwelling structure;
Each duplex, triplex, apartment building or any other building
used for residential purposes;
Each building or section of building serving a separate owner;
Each structure separated from other structures ten (10) feet
or more owned, rented, or leased by one (1) person and occupied by
that person.
A sewer in which all owners of abutting properties have equal
rights, and which the department controls.
A sewer carrying the sanitary wastes of a residence or commercial
establishment equipped only with sanitary facilities for the disposal
of human wastes and other domestic wastes and discharged through a
building sewer.
The connection of building sewer to public sewer.
The customer who rents the premises to which sewerage service
shall be provided.
B.
Applicability. The rules and regulations as set out in this
Article or as may hereafter be altered or amended shall govern the
rendering of sewerage service, including the extension of sewers and
making of connections thereto, and every customer, upon signing an
application for any service rendered by the department or upon the
taking of sewerage service shall be bound thereby.
C.
Complaints. Any complaint against the service or employees
of the department should be made at the office of the department and
preferably in writing.
D.
Free Service Prohibited — Service To Governmental Agencies. There shall be no free service rendered by the department and, if
any local, State or Federal Government, or any department, agency
or instrumentality thereof, or any other public body shall desire
service to be rendered by the department, it shall apply for and receive
such service pursuant to the rules and regulations contained in this
Article and shall pay for the service at the established rates, fees
and other charges.
E.
Special Contracts. The City may enter into contracts with
any person, including municipalities, sanitary departments and other
political subdivisions and public bodies, for the rendering of any
unusual or extraordinary sewerage service; provided however, that
the rates or charges to be paid thereunder shall not be less than
an amount which is fair and equitable, taking into account the cost
to the City of providing such services and, further provided, no agreement
shall allow any variance from the Federal Categorical Pretreatment
Standards.
F.
Extensions Of Mains. When and to the extent that funds may be available therefor, the department will extend its sewerage system to supply new customers who have applied for service as described in Article I of this Chapter.
G.
Connection To Sewer Intended To Serve Other Property.
1.
In some instances sewers will be constructed by the department to
serve other areas than those adjacent to a sewer. Property owners
along the route of such sewers may, if approved by the department,
connect thereto by paying in advance the charge for the building sewer
permit, the local facilities charge, the availability charge, and
by providing easement without cost to the City for installation of
sewer, if required.
2.
The local facilities charge shall be based upon the length of front
footage of property to be served by the connection. The length of
front footage shall be as shown on recorded plats of subdivided areas.
For areas not subdivided, the local facilities charge shall be based
upon a frontage of not less than seventy (70) feet and no more than
one hundred fifty (150) feet for single-family residences, and not
less than the length of sewer passing through or adjacent to the premises
to be served from the point of the inlet serving area upstream from
the property to the point of discharge at the downstream boundary
of the property for all other applicants.
H.
Connection Required.
1.
Any person living or doing business in an area under the jurisdiction
of the City shall be required to make use of a public sewer if a residential
property to be served lies within one hundred fifty (150) feet of
such a public sewer, or a commercial property lying within three hundred
(300) feet of a public sewer shall be required to connect to same.
2.
Failure to comply with this regulation within sixty (60) days after
written notification will be considered a misdemeanor.
I.
Meters For Private Water Supplies Where Public Sewer Used.
1.
The department will install, at the applicant's expense, a water
meter on the private water supply of all water for facilities discharging
into the City's sanitary sewerage system.
2.
This meter shall be installed in a place readily accessible to the
department for reading and servicing.
3.
This meter shall remain the property of the department.
J.
Connection Of Separate Water Service To Facilities Not Connected
To Sewers.
1.
Separate water service, including the meter, may be connected to
facilities, such as lawn sprinkling systems, which do not discharge
into the sanitary sewerage system, with the approval and subject to
the inspection of the department.
2.
There shall be no connection between any system that discharges into
a sanitary sewer system and any system that does not discharge into
a sanitary sewer system. Violation of this rule may result in discontinuance
of water service and a six (6) month back-charge for sewer service
on any facility illegally discharged into the public sewerage system.
K.
Building Sewer Connections.
1.
No unauthorized person shall uncover, make any connections with or
openings into, use, alter or disturb any public sewer or appurtenance
thereof.
2.
The owner or the owner's agent shall make application for connection
to a sewer on a special form furnished by the department. A separate
service connection shall be required for each premises unless otherwise
determined by the department.
3.
The applicant or the applicant's authorized representative shall
secure all necessary permits for pavement cuts and excavations and
shall make all excavations and pavement cuts and complete the installation
of the service connection. Pavement cuts, excavation and backfill
shall be in accordance with the department's standards. The applicant
shall provide twenty-four (24) hours' notice to the department for
connection. None of the building sewer or plumbing or sanitary drainage
system shall be covered or enclosed until inspected, hydraulically
tested and approved by the department. Charges listed in the rate
schedule assume only one (1) call to make an inspection. Additional
calls for inspection shall be made at the expense of the applicant
in the amount listed in the schedule of rates.
4.
The location, size, kind and quality of all materials entering into
the service connection shall be submitted to the department for approval.
5.
The service connection shall remain the property of the applicant
and be under the department's sole control and jurisdiction and will
be maintained by the department. Maintenance due to faulty materials
or workmanship on the service connection other than by the department
will be billed to the customer. The department will not assume responsibility
for uncovering the building service or connection.
6.
Special connections for service of a temporary nature shall be installed,
maintained, replaced and removed by the department at the expense
of the applicant, subject to supervision and written approval by the
department.
L.
Specifications For Building Sewers. Building sewers shall
be constructed according to the specifications provided by the City.
The plumbing and all premises connected to the department's sewer
system shall conform to all applicable Codes of the City.
M.
Accessibility Of Facilities For Inspection. The service
pipes, building sewers and fixtures on the customer's premises shall
be accessible to the department for observation or inspection at reasonable
hours.
N.
Customer's Liability For Charges. A customer who has made
application for or received sewerage service at a premises shall be
held liable for all sewerage service furnished to such premises until
such time as the customer has properly notified the department to
discontinue the service for the customer's account.
O.
Billing — Generally.
1.
Customers are responsible for furnishing the department with their
correct addresses. Failure to receive bills will not be considered
an excuse for non-payment nor permit an extension of the date when
the account will be considered delinquent.
2.
If bills are to be sent to an address other than the premises served,
the department shall be notified in writing by the customer of any
change of address.
3.
If requested in writing by the owner of a premises, the department
will send bills to and will receive payments from agents or tenant-customers.
However, this accommodation will in no way relieve the owner of the
liability for all sewerage charges, and the department shall not be
obligated to notify the owner of the non-payment of sewerage bills
by such agent or tenant-customer.
4.
Payments shall be made at the office of the Finance Department or
at such other places as may be designated by the department.
5.
The department reserves the right to correct any bills rendered in
error.
6.
Each customer shall be billed separately for service.
7.
If the water meter should fail to register, or if the meter reader
should be unable to gain admittance to the premises at the time the
meter is due to be read, an estimated bill will be submitted. Such
bill will be based on an average of the consumption shown by three
(3) previous consecutive billing periods or, in the case of a new
customer, a reasonable estimate of consumption will be used.
8.
Bills for sewerage service will be rendered monthly.
P.
Terms Of Payment — Delinquent Charges — Non-Payment. The procedure for establishing terms of payment, imposition of delinquent charges and consequences of non-payment shall be the same as required in Section 700.185.
Q.
Abatement Of Charges And Refunds.
1.
There shall be no abatement of the minimum sewerage charges, in whole
or in part, by reason of the extended absence of the customer, unless
service has been discontinued at the customer's request.
2.
In the situation where an underground leak or other rational basis causes the nine (9) month rate, defined at Section 700.360(A) of this Chapter to be artificially high, an adjustment to the nine (9) month rate may be made based on an average of the previous three (3) nine (9) month rates for the premises, provided that the customer requests an abatement of charges and refund within ninety (90) days of discovering the artificially high rate. Where three (3) nine (9) month rates do not exist for the premises, the minimum sewerage charge shall be based upon a block rate of six thousand five hundred (6,500) gallons per month or the three (3) month winter period immediately preceding the artificially high rate period, whichever is lesser.
3.
In the situation where application of the block rate significantly
overstates the actual use of sewerage services and usage over a three
(3) month winter period cannot be established for purposes of comparison
to the block rate, the charge for sewerage services may be based on
the quantity of water consumed and shall be measured by the water
meter measuring the entire flow to the premises, until an acceptable
winter average can be established. The block rate significantly overstates
the actual use of sewerage services when it exceeds the actual use
of sewerage services by more than ten percent (10%).
4.
Nothing in this Section should be construed to prohibit the department
from making abatements or refunds for other rational reasons.
R.
Quantity And Quality Determinations For Continuing Service Charge.
1.
The quantity of sewage discharge into the public sewerage system
shall be assumed as equal to the quantity of water consumed and shall
be measured by the water meter measuring the entire flow to the premises,
except for separately metered water systems serving appliances or
facilities that are not in any manner connected to the public sewerage
system.
2.
The department reserves the right to determine the quantity and quality
of sewage by any acceptable method of measurement and analysis of
discharge from the building sewer. If the quantity is found to be
in excess of the quantity measured by the customer's water meter,
the customer shall be back-charged not less than six (6) months on
the basis of the greater flow and shall be required to install a meter
in such a manner as may be specified by the department. If the quality
does not comply with requirements of the City, immediate steps shall
be taken by the customer to comply, and costs of necessary analyses
shall be borne by the customer.
S.
Discontinuance Of Service. The procedure for discontinuance of sewer service shall be the same as required in Section 700.185(C).
T.
Restoration Of Service After Discontinuance. The procedure for restoration of sewer service after discontinuance shall be the same as required in Section 700.185(D).
[Ord. No. 1308 §4-2, 3-19-2001]
A.
ACT
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
1.
2.
3.
4.
B.O.D. (DENOTING BIOCHEMICAL OXYGEN DEMAND)
CFR
CITY
COMMERCIAL AND INDUSTRIAL WASTES
DEPARTMENT
DILUTE OR DILUTION
EPA
GARBAGE
INDUSTRIAL USER
INTERFERENCE
1.
2.
LOCAL LIMITS
NATIONAL CATEGORICAL PRETREATMENT STANDARDS OR CATEGORICAL STANDARDS
NATURAL WATERCOURSE
NORMAL SEWAGE
PARTS PER MILLION
PASS THROUGH
PERSON
pH
PLANT UPSET
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD
PROHIBITED DISCHARGE STANDARD
PROPERLY GROUND GARBAGE
RECEIVING STREAM
SANITARY SEWAGE
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SEWER SYSTEM
SHALL
SIGNIFICANT INDUSTRIAL USER
1.
2.
3.
4.
STATE
SUSPENDED SOLIDS
USER
WASTEWATER
WATERS OF THE STATE
Definitions. The
following words, terms and phrases, when used in this Article, shall
have the meanings ascribed to them in this Section, except where the
context clearly indicates a different meaning:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 United States Code (USC) 1251.
A principal executive officer of at least the level of Vice
President if the industrial user is a corporation;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
A duly authorized representative if the industrial user is a
governmental entity;
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the industrial waste originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory conditions in five (5)
days at twenty degrees Celsius (20°C), expressed in parts per
million by weight.
The Code of Federal Regulations.
The City of Oak Grove, Missouri.
Water-carried wastes from commercial and industrial establishments
as distinct from sanitary sewage.
The Sewer Department of the City or its authorized representative.
The increase in the use of process water or in any other
way attempting to dilute a discharge as a partial or complete substitution
for adequate treatment.
The Environmental Protection Agency.
Solid food wastes from the preparation, cooking and disposing
of food and from the handling, storage and sale of produce.
An industrial manufacturing process, trade, business or governmental
entity, including agencies of the United States Government and their
agents, which generates wastes and is a source for the introduction
of non-domestic pollutants into the sewerage system.
A discharge which alone or in conjunction with a discharge or
discharges from other sources causes the inhibition of treatment processes
or other disruption of the sewerage system including prevention of
wastewater sludge use or disposal in accordance with applicable State
and Federal criteria.
The discharge of pollutants that adversely affect the waters
of the State or cause a violation of any requirements of the sewage
treatment plant's NPDES permit (including an increase in the magnitude
or duration of a violation).
The numerical discharge limitations, determined through analytical
techniques placed on pollutants, by the department.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act or
found in 40 CFR Subchapter N, Parts 401 — 471 which applies
to a specific category of industrial users.
A channel or location in which a flow of water occurs, either
continuously or intermittently.
Sewage which contains not over four hundred (400) parts per million of suspended solids and not over three hundred (300) parts per million of B.O.D. by weight, and which does not contain any of the materials or substances listed in Subsection (C) of this Section.
A weight-to-weight ratio; the parts-per-million value multiplied
by the factor 8.345 shall be equivalent to pounds per million gallons
of water.
A discharge of pollutants as defined in 40 CFR, 403.5(a)
which exits the sewerage system into waters of the State or of the
United States in quantities which may serve to cause a violation of
the sewage treatment plant's NPDES permit.
Any individual, partnership, firm, company, corporation,
association, governmental entity or any other generally recognized
entity.
The logarithm to the base ten (10) of the reciprocal of the
number of gram ionic hydrogen equivalents per liter of solution.
A temporary reduction in performance of a sewage treatment
plant that may have been caused by wastewater discharged by industrial
users.
Any dredged soil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, cheat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal and agricultural waste
discharged into water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharge
of such pollutants into the sewerage system.
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
Any regulation containing pollutant discharge limits promulgated
by the EPA or State that applies to industrial users.
Any pretreatment standard developed pursuant to 40 CFR, Section
403.5.
Garbage that has been ground to such degree that it will
be carried freely under the flow conditions normally prevailing in
the City sewers with no particles greater than one-half (½)
inch in any dimension.
Any natural watercourse into which sewage is discharged.
Those wastes which are comparable to wastes which originate
in residential units and contain only human excrement and wastes from
kitchen, laundry, bathing, and other household facilities.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground, surface and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, transporting, pumping, treating
and disposing of sewage.
A pipe or conduit for carrying sewage.
The interceptor, trunk and connecting sewers including manholes,
access, junctions, metering, sampling and related structures; pump
stations, treatment plants and support facilities; land, easements
and rights-of-way; all as may be acquired from others, whether interim
or permanent facilities and whether acquired or constructed as initially
planned facilities or extensions thereof.
Is mandatory; MAY is permissive; subject to approval by the
department.
Industrial user who:
Is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or is a standard industrial classifications industry; or
Has a process discharge flow of twenty-five thousand (25,000)
gallons or more per average workday or contributes five percent (5%)
or more of the process waste stream of the average dry weather hydraulic
or organic capacity of sewerage system; or
Is designated by the department, MDNR or the EPA on the basis
that the industrial user, either singly or in combination with other
contributing industries, has a reasonable potential for adversely
affecting the sewerage system's operation or for violating any pretreatment
standard or requirement; or
Upon finding that an industrial user meets any part of the criteria
above but has no reasonable potential for adversely affecting the
sewerage system's operation or for violating any pretreatment standard
or requirement, the department may in accordance with 40 CFR 403.8(P)(6)
determine that such industrial user is not a significant industrial
user.
The State of Missouri.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids, and which are removable by standard
laboratory methods.
Any person discharging sewage to the sewage works.
The liquid and water-carried domestic or non-domestic wastes
from residences, commercial buildings, industrial facilities and institutions,
together with any ground water, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the department's system.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private which are contained
within, flow through or border upon the State or any portion thereof.
B.
Enforcement.
1.
The purpose of this Section is to provide for the maximum possible
beneficial public use of the City's facilities through adequate regulation
of sewer construction, sewer use and commercial and industrial wastes
and to provide procedures for complying with requirements placed upon
the City by other regulatory bodies.
2.
The department is authorized and directed to carry out the provisions
of this Section governing the quality of sewage that may be discharged
into the public sewers of the City.
3.
The City may amend or modify this Article as well as other ordinances
of the City without notice and to interpret the meaning of all provisions
hereof.
C.
Acceptability Of Wastewater.
The following materials, substances and wastes shall not be
discharged into the sewers:
1.
Pollutants which create a fire or explosion hazard in the POTW including,
but not limited to, wastestreams with a closed cup flashpoint of less
than one hundred forty degrees Fahrenheit (140°F) (sixty degrees
Centigrade (60°C) using the test methods specified in 40 CFR 261.21.
A lower limit may be prescribed to prevent odor nuisance.
2.
Wastes having a pH less than six (6.0) or greater than nine (9.0)
or otherwise having chemical properties which are hazardous or are
capable of causing damage to the sewerage works or personnel.
3.
Garbage that has not been properly shredded or ground.
4.
Petroleum oil, non-biodegradable cutting oil, or products of mineral
oil origin in amounts that will cause interference or pass through.
Insoluble oils, fats, greases. So called soluble oils may be admitted
to the extent of one hundred (100) mg/l.
5.
Any solid or viscous material that could cause an obstruction to
flow in the sewers or in any way interferes with the treatment process.
Examples of such materials include, but are not limited to, greases,
ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal,
glass, rags, lint, feathers, tars, plastics, wood and sawdust, paunch
manure, hair and fleshings, entrails, lime slurries, beer and distillery
slops, grain processing wastes, grinding compounds, acetylene generation
sludge, chemical residues, acid residues, and food processing bulk
solids.
6.
Wastes containing phenolic compounds over ten (10) parts per million
expressed as phenol.
7.
Wastes containing cyanides or compounds capable of liberating hydrocyanic
acid gas over two (2) parts per million expressed as hydrogen cyanide.
8.
Wastes containing sulfides over ten (10) parts per million expressed
as hydrogen sulfide.
9.
Chlorinated solvents.
10.
Septic tank sludge, except at locations designated for this purpose
by the department.
11.
Any corrosive, noxious or malodorous material or substance which,
either singly or by reaction with other wastes, is capable of causing
damage to the sewerage works or creating a public nuisance or hazard
or prevent entry into the sewers for maintenance and repair.
12.
Concentrated dye wastes or other wastes which are either highly colored
or could become colored by reacting with other wastes.
13.
Pollutants which result in the presence of toxic gases, vapors or
fumes within the sewage works in a quantity that may cause acute worker
health and safety problems.
14.
Any trucked or hauled pollutants, except at discharge points designated
by the department.
15.
Any material or substance not specifically mentioned in this Section
which is in itself corrosive, irritating to human beings and animals,
toxic or noxious, or which by interaction with other wastes could
produce undesirable effects, including deleterious action on the sewerage
works, adversely affect any treatment process, constitute a hazard
to humans or animals, or have an adverse effect upon the receiving
stream.
16.
Any discharge by an industrial user that causes pass through or interference
or causes an NPDES permit violation is prohibited.
17.
Additionally, any discharge which violates the general and specific
prohibited discharge standards set forth in 40 CFR 403.5(a) and (b)
hereby incorporated, pretreatment standards, is prohibited. Compliance
with all general and specific prohibitions shall be mandatory and
shall not be waived.
D.
Unusual Wastes.
1.
The introduction of radioactive wastes into the City sewers shall
be permitted only if a special permit is obtained prior to introducing
such wastes. While each case will be decided on its own merits, in
general, decisions will be in accordance with the principles laid
down in the Atomic Energy Act of 1954 (68 Stat. 919), Part 20, Sub-Part
D — Waste Disposal, Section 20.303, or successor principles
as established by the Atomic Energy Commission.
2.
Wastes which are unusual in composition, i.e., contain an extremely
large amount of suspended solids or B.O.D., are high in dissolved
solids such as sodium chloride, calcium chloride or sodium sulfate,
contain substances conducive to creating tastes or odors in drinking
water supplies or otherwise making such waters unpalatable even after
conventional water purification treatment, or are in any other way
unusual shall be reviewed by the department which will determine whether
such wastes shall be prohibited from or may be admitted to the City
sewers or shall be modified or treated before being admitted.
3.
Wastes which, in the judgment of the department, are unusual or highly
variable in volume shall be subject to flow equalization or other
forms of regulation as deemed necessary by the department.
4.
No industrial user whose discharged sewage is treated by the department
shall discharge sewage containing any pollutant in excess of the local
limits.
5.
The department may apply these or other limits to sewage treated
by the department as the department determines to be necessary applying
generally accepted standards in making such determination. In the
event of conflict between local, State or Federal regulations, the
most stringent regulation shall apply as determined by the department.
6.
No industrial user shall increase the use of process water or in
any way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in any pretreatment standard.
E.
Permitting Provisions.
1.
Permits for discharges to the City's sewer system shall be processed
and issued by the department. All new industrial users planning to
discharge to the sewage system shall return a completed industrial
user (IU) survey questionnaire to the appropriate agency before discharging
to the system. The department may require any industrial user, whether
or not classified as significant, to obtain an industrial user discharge
permit. The department shall be responsible for directing industrial
users to the appropriate agency.
2.
All new industrial users classified as significant shall obtain an
industrial user discharge permit before discharging to the sewage
works. The permits of all existing industrial users shall be subject
to review by the department and imposition of regulations consistent
with this Subsection within one hundred eighty (180) days after adoption
of this Subsection.
3.
Information and data on a user obtained from reports, questionnaires,
applications, permits, monitoring programs and inspections shall be
available to the public or any government agency without restriction
unless the user specifically requests and is able to demonstrate to
the satisfaction of the department that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets. When requested by the person furnishing
a report, and until such time as the information is determined not
to be confidential, the portions of a report which might disclose
trade secrets or secret processes shall not be made available for
inspection by the public but shall be made available upon written
requests from governmental agencies for purposes related to this Article
and/or pretreatment programs; provided that, such portions of a report
shall be available for use by the City or any governmental agency
in judicial review or enforcement proceedings involving the user furnishing
the report. Sewage constituents and characteristics shall not be recognized
as confidential information. Information accepted by the department
as confidential shall not be transmitted to any governmental agency
or any person seeking such information by means of judicial process
until and unless a ten (10) day notification, or such lesser time
as may be ordered by any court having jurisdiction, is given to the
user furnishing the information for the purpose of giving such person
the opportunity to contest said transmittal.
4.
Industrial user discharge permits application. Industrial
users required to obtain an industrial user discharge permit shall
complete and file with the department an application in the form prescribed
by the department. The department will evaluate the data furnished
by the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, the department may
issue an industrial user discharge permit.
5.
General.
a.
In addition to the provisions otherwise contained in this Subsection,
all industrial users discharging directly or indirectly into the sewerage
system are subject to and shall comply with all applicable provisions
and requirements set forth in the Act, national categorical pretreatment
standards, pretreatment requirements and prohibited discharge standards.
Industrial users shall also comply with any specific local limits
developed and implemented by the City.
b.
The department may deny or condition new or increased contributions
of pollutants or changes in the nature of pollutants to the City's
system by industrial users where such contributions do not meet applicable
pretreatment standards or requirements or where such contributions
would cause the City to violate its NPDES permit.
c.
In addition to permitting requirements otherwise contained in this
Article, the department may issue industrial user discharge permits
in accordance with its regulations for use and industrial pretreatment
program.
F.
Regulatory Control — Condition, Modification And Transferring
Of Permit.
1.
Industrial users shall be subject to regulatory control of the department.
2.
Industrial user discharge permits for discharges to the sewerage
system shall be expressly subject to all provisions of this Article
and other conditions as deemed appropriate by the department using
generally accepted standards to ensure compliance herewith. In addition
to any user discharge quality criteria otherwise contained in this
Subsection, industrial users shall comply with and are subject to
the wastewater quality criteria and standards set forth in the department's
regulations for use and industrial pretreatment program, or any permit
issued which causes pass-through or interference. Industrial users
shall also comply with specific discharge prohibitions contained or
incorporated by reference therein. Notwithstanding any provision of
this Subsection, compliance with all general and specific prohibitions
shall be mandatory and shall not be waived.
3.
Permits may contain the following:
a.
The average and maximum sewage constituents and characteristics;
b.
Limits on rate and time of discharge or requirements for flow regulations
and equalization;
c.
Requirements for installation of inspection and sampling facilities;
d.
Pretreatment requirements;
e.
Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number and types of tests
and reporting schedules;
f.
Requirements for submission of technical reports or discharge reports;
g.
Requirements for maintaining plant records relating to sewage discharge
as specified in this Subsection and affording the department access
thereto;
h.
Mean and maximum mass discharge rates, or other appropriate limits,
when incompatible pollutants are proposed or present in the user's
sewage discharge;
i.
Other conditions as deemed appropriate by the department to ensure
compliance with this Subsection;
j.
Requirements for amending the permit if discharge is significantly
changed.
4.
The terms and conditions of the permit may be subject to modifications
by the department during the term of the permit as limitations or
requirements as identified in this Subsection are modified or other
potentially dangerous conditions exist. The user shall be informed
of any proposed changes in a permit at least thirty (30) days prior
to the effective date of change. Any changes or new conditions in
the permit shall include a reasonable time schedule for compliance.
5.
Industrial user discharge permits are issued to a specified industrial
user for a specific operation. Industrial user discharge permits shall
not be reassigned or transferred to a different person, new industrial
user, different premises, or a new or changed operation without the
approval of the department. Any succeeding person or industrial user
shall be required to apply for a new permit.
6.
Industrial user discharge permits issued by the department shall
be expressly subject to all provisions of the department's regulations
for use and industrial pretreatment program and other conditions as
deemed appropriate by the department to ensure compliance with said
regulations. The department administrator may impose mass limitations
on industrial users that are using dilution to meet applicable pretreatment
standards or in other cases where the imposition of mass limitations
are appropriate. Permits shall be issued for three (3) years.
G.
Inspection And Sampling.
1.
Any duly authorized representative of the department possessing proper
credentials and identification shall be permitted to enter all properties
at reasonable times for the purpose of inspection, observation, measurement,
sampling and testing and may make photocopies of such records during
the inspection in accordance with the provisions of this Subsection.
2.
The department may randomly sample and analyze the effluent from
industrial users and conduct surveillance activities in order to identify,
independent of information supplied by industrial users, occasional
and continuous non-compliance with pretreatment standards.
3.
Monitoring facilities and activities. Significant
industrial users shall provide and maintain at their own expense monitoring
facilities to allow inspection, sampling and flow measurement and
self-monitoring as required by the department's regulations for use
and industrial pretreatment program or any permit issued thereunder.
The department will determine the frequency of department monitoring
of industrial users. The monitoring facility shall normally be situated
on the user's premises and not be obstructed by landscaping or parked
vehicles, but the department may, when such location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
H.
Reports, Tests Of Commercial And Industrial Wastes.
1.
Any person discharging commercial and industrial wastes to the City
sewers shall submit to the department at such intervals as it may
prescribe a report accurately describing the character and quantity
of all such wastes other than sanitary sewage discharge to the City
sewers during the period covered by such report. In order to ensure
compliance with this Article, the department may at any time take
such measurements, collect such samples, and run such laboratory analyses
on representative samples of any wastes as may be deemed necessary.
Cost of such analyses shall be assessed against the discharging person.
2.
All measurements, tests and analyses performed by such person or
by the department shall be in accordance with techniques prescribed
in the latest revision of Title 40, Code of Federal Regulations, Part
136, or successor documents as designated by the department.
3.
All users subject to this Subsection shall retain and preserve for
not less than three (3) years any records, books, documents, memoranda,
reports, correspondence and any and all summaries thereof relating
to monitoring, sampling and chemical analyses made by or in behalf
of a user in connection with its discharge. All records which pertain
to matters which are the subject of administrative action or any other
enforcement or litigation activities brought by the department shall
be retained and preserved by the user until all enforcement activities
have concluded and all periods of limitation with respect to any and
all appeals have expired.
I.
Reporting Requirements For Permittee.
1.
Within ninety (90) days following the date for final compliance with
applicable pretreatment standards, the permittee may be required to
submit a report indicating average and maximum daily flows and concentrations
or mass of all pollutants from the regulated processes. The report
shall also set forth whether or not the applicable pretreatment standards
or requirements are being met on a consistent basis and, if not, what
additional operation and maintenance and/or pretreatment is necessary
to bring the industrial user into compliance with the applicable pretreatment
standards or requirements. Such report shall be signed by an authorized
representative of the industrial user and certified by a registered
engineer or other appropriate qualified professional.
2.
Any industrial user holding an industrial user discharge permit requiring
a compliance schedule, after the compliance date specified in such
permit, shall submit semiannually to the department, unless required
more frequently in the permit, a report indicating the concentrations
or mass of pollutants in the effluent which are limited by such permit.
In addition, the report shall include a record of all daily flows
that during the reporting period exceeded the average daily flow reported
on the permit application.
3.
The reports shall contain the results of sampling and analysis of
the discharge, including the flow and the nature and concentration,
or production and mass where requested by the department, of pollutants
contained therein which are specified by the industrial user discharge
permit. Upon consent of the department, flows may be estimated on
the basis of water consumption. The frequency of monitoring shall
be prescribed in the permit.
4.
In addition to the reporting requirements otherwise contained in
this Subsection, all industrial users shall submit to the department
any and all information and reports required by the department, its
regulations for use and industrial pretreatment program, or by the
Act or by 40 CFR 403.12, including, without limitation, all applicable
required: Baseline monitoring reports, compliance schedule progress
reports, sampling analysis reports, periodic progress reports, notice
of potential problem reports, notice of changed discharge, and non-categorical
industrial user reports.
5.
Substantial change in discharge. All industrial
users shall notify the department of any new introduction of wastewater
constituents or any substantial change in the volume or character
of the wastewater constituents prior to the introduction of such constituents
into the department's system.
6.
Hazardous waste. Industrial users shall immediately
notify the department and the EPA Regional Waste Management Division
Director of the Missouri Waste Program in writing of any discharge
into the department's system of a substance, which, if otherwise disposed
of, would be a hazardous waste under 40 CFR Part 261. Such notification
shall be given in the manner and include the items set forth in 40
CFR 403.12.
7.
Accidental discharge. Industrial users shall immediately
report to the department any accidental discharge as required by the
department's regulations for use and pretreatment rules.
8.
Signatory and certification requirement. Any industrial
user report submitted pursuant to 40 CFR 403.12(b), (d) or (e) shall
be signed and certified by an authorized representative of industrial
user.
J.
Grease, Oil And Grit Interceptors.
1.
Suitable interceptors shall be installed when, in the judgment of
the department, they are necessary for the removal of excessive amounts
of grease, oils and grit from a waste before such a waste is discharged
into the City sewer. All interceptors shall be of a type, construction
and capacity approved by the department and shall be located so as
to be readily and easily accessible for cleaning and inspection.
2.
When required, such interceptors shall be installed and maintained
continuously in efficient operation by the user at the user's expense.
3.
Intercepted material shall be returned to the industrial process,
be sent to the public refuse dump, or disposed of in the approved
manner.
K.
Pretreatment Facility. Any facilities required to pretreat
sewage to a level acceptable to the department shall be provided and
maintained at the user's expense. Plans, compliance schedules and
operating procedures shall be submitted to the department for review
and shall be acceptable to the department before construction of the
facility. The review of such plans and operating procedures will in
no way relieve the user from the responsibility of modifying the facility
as necessary to produce an effluent acceptable to the department under
the provisions of this Article.
L.
Accidental Discharge.
1.
Each industrial user shall provide protection from accidental discharge
of substances regulated by this Article or other toxic pollutants.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the industrial user's own cost
and expense. The department may require that detailed plans showing
facilities and operating procedures to provide this protection be
submitted to the department for review, and be approved by the department
before construction of the facility. Review and approval of such plans
shall not relieve the industrial user from the responsibility to modify
the facility as necessary to meet the requirements of these rules.
2.
In the case of the accidental discharge, it is the responsibility
of the industrial user to immediately telephone and notify the department
of the incident. The notification shall include location of discharge,
type of waste, concentration and volume, and corrosive actions. The
industrial user shall notify the department of potentially dangerous
spills within the department's collection system discharging to the
system.
3.
Within five (5) days following an accidental discharge, the industrial
user shall submit to the department a detailed written report describing
the cause of the discharge and the measures to be taken by the industrial
user to prevent similar future occurrences. Such notification shall
not relieve the user of any liability that may be imposed by this
rule or other applicable law resulting from such discharge.
4.
A notice shall be permanently posted on the industrial user's bulletin
board or other prominent place advising employees of the emergency
notification numbers to call in the event of an accidental discharge.
Employers shall ensure that all employees who may cause, suffer or
become aware of such an accidental discharge are advised of the emergency
notification procedure.
M.
Enforcement.
1.
In addition to the remedies otherwise set forth herein, industrial
users violating the department's regulations for use and industrial
pretreatment program or any permit or order issued thereunder shall
be subject to enforcement measures by the department as authorized
by State law, including but not limited to:
a.
Public notice of violators. The department shall
annually publish in The Kansas City Star and the
department shall annually publish in a newspaper of general local
circulation a list of the industrial users that significantly violated
applicable pretreatment requirements or standards at least once during
the twelve (12) months. For the purposes of this provision, a significant
violation is:
(1)
A violation that remains uncorrected forty-five (45) days after
notification of non-compliance;
(2)
A violation that is part of a pattern of non-compliance over
a twelve (12) month period;
(3)
A violation that involves failure to accurately report non-compliance
by the industrial user;
(4)
A violation that resulted in the suspension of service to an
industrial user; or
(5)
Any other violation within the definition of "significant non-compliance"
set forth in 40 CFR 403.8(f)(2)(vii), as amended.
b.
Notification of violation. Whenever the department
finds that any industrial user has violated or is violating the department's
regulations for use and industrial pretreatment program, or a permit
or order issued thereunder, the department or its agent may serve
upon said user written notice of the violation. Within ten (10) days
of the receipt date of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted to the department.
Submission of this plan in no way relieves the user of liability for
any violations occurring before or after receipt of the notice of
violation. Said person shall permanently cease all violations within
the period of time stated in the notice and shall certify to the department
that the correction has been accomplished.
2.
Either as an alternative to any procedure established in this Subsection
or as an enforcement action thereunder, the department may seek injunctive
relief for non-compliance with any provision of this Subsection.
3.
It shall be unlawful for any person to knowingly make a false statement
or representation in any record, report, plan or other document filed
with the department or to falsify, tamper with or knowingly render
inaccurate any monitoring device or method required under this Subsection.
Conviction of any violation hereunder shall be punished in accordance
with Subparagraph (6)(k) herein below.
4.
Notwithstanding the procedures established in this Subsection, in
the event of an actual or threatened discharge to the sewage works
which, in the judgment of the department, presents or may present
an imminent and substantial danger to life, safety or sewerage system
operation or integrity, the department may temporarily terminate such
service as is necessary to avoid or abate such condition. Service
shall be restored as soon as the emergency situation has been corrected.
The department's decision to terminate service may be appealed by
written petition to the Mayor pursuant to the provisions for hearing
set forth in Subparagraph (6)(b) herein below. However, appeal of
the decision shall not stay termination of the service.
5.
In cases of repeated violations, the department may revoke the permit
for the discharge of wastes into the sewage works and discontinue
water or sewage service, or both, following written notice to the
permittee of not less than ten (10) days providing an opportunity
for said permittee to address a written petition to the Mayor requesting
a hearing before the Board of Aldermen with respect to said revocation.
The hearing shall be set within a reasonable time after receipt of
the hearing request from the permittee. Following the hearing, the
Board of Aldermen shall promptly announce its decision and provide
a copy to the permittee.
6.
Industrial users discharging to the department shall be subject to
the department's rules and regulations and industrial pretreatment
program and shall be subject to enforcement measures by the department
as authorized by State law including, but not limited to, the following:
a.
Consent orders. The department may enter into consent
orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with the industrial user responsible for
the non-compliance. Such orders will include specific action to be
taken by the industrial user to correct the non-compliance within
a time period also specified by the order. Consent orders shall have
the same force and effect as administrative orders.
b.
Show cause hearing. The department may order any
industrial user, which causes or contributes to violation of the department's
regulations for use and industrial pretreatment program or industrial
user discharge permit order issued thereunder, to show cause why a
proposed enforcement action should not be taken. Notice shall be served
on the user specifying the time and place for the meeting, the proposed
enforcement action and the reasons for such action, and a request
that the user show cause why this proposed enforcement action should
not be taken. The notice of the meeting shall be served personally
or by registered or certified mail (return receipt requested) at least
ten (10) days prior to the hearing. Such notice may be served on any
principal executive, general partner or corporate officer of the user.
Whether or not a duly notified industrial user appears as noticed,
immediate enforcement action may be pursued.
c.
Compliance order. When the department finds that
an industrial user has violated or continues to violate the department's
regulations for use and industrial pretreatment program or a permit
or order issued thereunder, the department may issue an order to the
industrial user responsible for the discharge directing that, following
a specified time period, sewer service shall be discontinued unless
adequate treatment facilities, devices or other related appurtenances
have been installed and are properly operated. Orders may also contain
such other requirements as might be reasonably necessary and appropriate
to address the non-compliance, including the installation of pretreatment
technology, additional self-monitoring and management practices.
d.
Cease and desist orders. When the department finds
that an industrial user has violated or continues to violate the department's
regulations for use and industrial pretreatment program or any permit
or order issued thereunder, the department may issue an order to cease
and desist all such violations and direct those persons in non-compliance
to:
e.
Administrative fines. Any user who is found to have
violated any provision of the department's regulations for use and
industrial pretreatment program, or permits and orders issued thereunder,
shall be fined in an amount not to exceed one thousand dollars ($1,000.00)
per violation. Each day on which non-compliance shall occur or continue
shall be deemed a separate and distinct violation. Such assessments
may be added to the user's next scheduled sewer service charge and
the department shall have such other collection remedies as it has
to collect other service charges. Unpaid charges, fines and penalties
shall constitute a lien against the individual user's property. Industrial
users desiring to dispute such fines must file a request for the department
to reconsider the fine within ten (10) days of being notified of the
fine. Where the department believes a request has merit, it shall
convene a hearing on the matter within fifteen (15) days of receiving
the request from the industrial user.
f.
Emergency suspensions.
(1)
The department may suspend the wastewater treatment service
and/or the industrial user discharge permit of an industrial user
whenever such suspension is necessary in order to stop an actual or
threatened discharge presenting or causing an imminent or substantial
endangerment to the health or welfare of persons, the department's
system or the environment.
(2)
Any user notified of a suspension of the wastewater treatment
service and/or the wastewater permit shall immediately stop or eliminate
its contribution. In the event of the user's failure to immediately
comply voluntarily with the suspension order, the department shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the department's
system, its receiving stream, or endangerment to any individuals.
The department shall allow the user to recommence its discharge when
the endangerment has passed, unless the termination proceedings set
forth in Subparagraph (g) herein below are initiated against the user.
(3)
An industrial user which is responsible, in whole or in part,
for imminent endangerment shall submit a detailed written statement
describing the causes of the harmful contribution and the measures
taken to prevent any further occurrence to the department prior to
the date of the hearing described in Subparagraph (b) herein above.
g.
Termination of permit. Any user who violates the
following conditions of the department's regulations for use and industrial
pretreatment program, or an industrial user discharge permit or order,
or any applicable State or Federal law is subject to permit termination:
(1)
Violation of permit conditions;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant charges in operations or wastewater
constituents and characteristics;
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling.
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Non-compliant industrial users will be notified of the proposed
termination of their wastewater permit and be offered an opportunity
to show cause under Subparagraph (6)(b) herein above why the proposed
action should not be taken.
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h.
Judicial remedies. If any person discharges sewage,
industrial wastes or other wastes into the wastewater disposal system
contrary to the provisions of the department's regulations for use
and industrial pretreatment program or any order or permit issued
thereunder, the department, through counsel, may commence an action
for appropriate legal and/or equitable relief in the Circuit Court
for Jackson County.
i.
Injunctive relief. Whenever an industrial user has
violated or continues to violate the provisions of the department's
regulations for use and industrial pretreatment program or permit
or order issued thereunder, the department, through counsel, may petition
the court for the issuance of a preliminary or permanent injunction
or both (as may be appropriate) which restrains or compels the activities
on the part of the industrial user. The department shall have such
remedies to collect these fees as it has to collect other sewer service
charges.
j.
Civil penalties.
(1)
Any industrial user who has violated or continues to violate
the department's regulations for use and industrial pretreatment program
or any order or permit issued thereunder shall be liable to the department
for a civil penalty of not more than one thousand dollars ($1,000.00)
plus actual damages incurred by the department per violation per day
for as long as the violation continues. In addition to the above-described
penalty and damages, the department may recover reasonable attorney's
fees, court costs and other expenses associated with the enforcement
activities, including sampling and monitoring expenses.
(2)
The department shall petition the court to impose, assess and
recover such sums. In determining amount of liability, the court shall
take into account all relevant circumstances including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration, any economic benefit gained through the industrial user's
violation, corrective actions by the industrial user, the compliance
history of the user, and any other factor as justice requires.
k.
Criminal prosecution.
(1)
Any industrial user who knowingly makes any false statements,
representations or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to the department's regulations for use and industrial pretreatment
program, or industrial user discharge permit, or renders inaccurate
any monitoring device or method required under the department's regulations
for use and pretreatment rules shall, upon conviction, be punished
by a fine of not more than one thousand dollars ($1,000.00) per violation
per day or imprisonment for not more than one (1) year, or both.
(2)
In the event of a second (2nd) conviction, the user shall be
punishable by a fine not to exceed three thousand dollars ($3,000.00)
per violation per day or imprisonment for not more than three (3)
years, or both.
l.
Such enforcement measurements shall be undertaken by the department
in a manner authorized by State law and in the instances and following
procedures set forth in the department's regulations for use and industrial
pretreatment program developed in accordance with 40 CFR 403.8(f)(5)
which shall contain detailed procedures indicating how the department
will investigate and respond to instances of industrial user non-compliance.
[Ord. No. 1308 §4-3, 3-19-2001; Ord. No. 1514 §1, 6-5-2006]
A.
Metered Rates. The following rates and charges shall apply
to all customers discharging sewage-polluted wastes into the City's
sewage system regardless of the source of water supply.
1.
City sewer rate (monthly billing). The monthly volume
charges and monthly service charges for discharging sewage-polluted
wastes into the City's sewage system shall be as set forth in the
City's schedule of fees and charges adopted by resolution of the Board
of Aldermen.
2.
Summer residential charge. For one- and two-
family residences, the sewer service charge shall be based on the
customer's actual water usage unless a winter sewer average applies.
The "winter sewer average" is defined as the average water usage during
the billing period of December through February. The winter sewer
average shall be applicable to the other nine (9) months of the calendar
year. The sewer service charge shall be based on the lesser of the
actual usage used for the month or the winter sewer average. The nine-month
rate shall be revised on an annual basis. Where residential water
service accounts do not have an acceptable history of water usage,
the charge shall be based upon a block rate of six thousand five hundred
(6,500) gallons per month or a three-month winter period, whichever
is lesser, until an acceptable winter sewer average can be established.
[Ord. No. 1752 §1, 10-1-2012]
3.
Commercial and industrial charge.
a.
"Commercial and industrial users" are defined as
all persons and corporations other than the occupants of one- and
two-family dwellings.
b.
The sewer service charge shall be based upon the established charges,
as set forth in the City's schedule of fees and charges, with no seasonal
adjustment.
c.
Commercial and industrial users shall be granted an annual adjustment
to their sewer charges based on the volume of water used by water
cooling towers and/or lawn sprinkling systems, provided the users:
(1) install separate meter(s) approved by the City at location(s)
determined by the City to record the volume of water consumed by water
cooling towers and/or lawn sprinkling systems; and (2) allow City
personnel access to each separate meter to perform readings in order
to accurately determine the annual consumption. The adjustment shall
be computed by multiplying the annual volume of water consumed by
water cooling towers and/or lawn sprinkling systems as determined
by City readings from the separate meter(s) times the applicable sewer
monthly volume charge rate. The adjustment shall be based on the sewer
charge in existence at the time of the calculation of the annual adjustment.
The adjustment, if any, shall be calculated in January of each year
and shall appear on each user's January bill as a credit to sewer
charges for usage during the previous year.
4.
Customers supplied by another source. Where water
is supplied by a separate and independent source and where the customer
having a sewer connection with the sewer system of the City or having
sewers available for connection, the sewer service shall be based
upon the volume of water used, computed at the established rates and
seasonally adjusted for one- and two-family residences.
B.
Local Facilities Charge.
1.
The local facilities charge shall apply to those applicants for sewer
service who have not paid for their share of the cost of the laterals
adjacent to or serving their property in the price paid for their
property.
2.
Residential and commercial applicants connecting to department constructed
sewers shall pay one-half (½) the equivalent cost of an eight
(8) inch lateral for local services, but not less than the amount
listed in the schedule of fees and charges, upon application for service.
3.
Industrial or commercial applicants requiring laterals of sizes larger
than eight (8) inch diameter for sewer service shall pay the cost
of the service laterals through their property or not less than one-half
(½) the cost of the laterals adjacent to other customer's property
as required by the department through special contracts with the City.
C.
Permit, Connection Charges.
1.
There shall be two (2) classes of building sewer permits: For residential
and commercial service and for service to establishments producing
industrial wastes. In either case, the owner or the owner's agent
shall make application on a special form furnished by the department.
The application shall be supplemented by any plans, specifications
or other information considered pertinent in the judgment of the department.
2.
The charge for a sewer connection fee shall be as set forth in the
schedule of fees and charges, adopted by resolution of the Board of
Aldermen, with said charge to be made in connection with the issuance
of each building permit for all new construction.
3.
The charges shall be paid to the department at the time application
is filed. The charges indicated assume only one (1) call at the site
for inspection work and approval of connection. Additional calls shall
be made at the expense of the applicant in the amount, per call, set
forth in the City's schedule of fees and charges.
[Ord. No. 1308 §4-4, 3-19-2001; Ord. No. 1313 §1, 5-7-2001; Ord.
No. 1514 §1, 6-5-2006]
A.
Findings. The Board of Aldermen of the City of Oak Grove,
Missouri (hereinafter "Board of Aldermen") hereby finds and declares
that:
1.
The City of Oak Grove, Missouri (hereinafter "City") has experienced
rapid population growth during the 1990's and 2000's and a corresponding
increase in the demand for sewer service.
2.
The Oak Grove Comprehensive Plan and the current experience of the
City indicates that growth will continue into the twenty-first (21st)
century.
3.
New growth results in new connections to the City's sewer system,
placing an increased demand upon wastewater treatment facilities and
collection systems in excess of the system's current capabilities.
4.
The City must expand its sewer system if new connections are to be
accommodated without decreasing the level of service to existing connections.
5.
Wastewater Master Plans, commissioned by the City and updated from
time to time, identify additional wastewater service facilities that
are needed to serve existing connections and new connections to the
system.
6.
The City has examined the additional facilities needed to serve existing
connections and new connections to the sewer system and has segregated
projects and costs attributable to existing connections from projects
and costs attributable to new connections.
7.
The City assumes responsibility for and is committed to providing
wastewater facilities necessary to serve existing connections through
funding mechanisms other than availability charges.
8.
To the extent that new connections will place additional demand upon
sewer system facilities, that demand should be met by shifting the
responsibility for financing such facilities from the general public
to the connections creating the demand.
9.
The imposition of an availability charge will help ensure that new
connections to the sewer system bear a proportionate share of the
cost of the facilities necessary to accommodate new connections.
10.
The facilities necessary to accommodate new connections have a "rational
nexus" to and provide benefit to new connections when they tap into
the sewer system because the facilities increase the capacity of the
system, making service to new connections possible.
11.
The Board of Aldermen has considered the matter of financing sewer
facilities, the need for which is necessitated by new connections.
The Board of Aldermen hereby finds and declares that an availability
charge imposed upon new connections to finance sewer service facilities,
the need for which is reasonable related to new connections, furthers
the public health, safety and welfare of Oak Grove. Additionally,
with the continued growth of the City and the need for additional
facilities, the Board of Aldermen finds and declares that the tap
fee should be revised and updated as Water Distribution System Master
Plans are revised and updated. Therefore, the Board of Aldermen deems
it advisable to adopt the Section as hereinafter set forth.
B.
Intent.
1.
It is the intent of this Section to impose an availability charge,
payable prior to the approval of a new sewer service connection, in
an amount based upon the demand for sewer service attributable to
the new connection and the cost of constructing sewer service facilities
needed to serve the new connection.
2.
It is the intent of this Section that, by establishment of this system
of calculating and imposing availability charges, a new sewer service
connection to the City's sewer system will pay its pro rata share
of reasonably anticipated costs of sewer service facilities required
to serve such new connection and that the fees paid with respect to
each new connection are roughly proportionate, both in nature and
extent, to the demand that such new connection will place on sewer
service facilities.
3.
It is the intent of this Section to establish an appeal procedure
to allow for an individualized determination that the charge imposed
on each new connection is roughly proportionate to the demand that
the new connection will place on sewer service facilities.
4.
It is the intent of this Section that the sewer service facilities
financed through the availability charges established hereby be based,
when applicable, upon the City's Comprehensive Plan and capital improvement
program and are consistent therewith.
5.
This Section shall not be construed to authorize imposition of an
availability charge for sewer service improvements attributable to
existing connections.
6.
It is the intent of this Section to establish a sewer system user's
fee, imposed upon new connections to the City's sewer system, and
not to levy a "tax" or "fee" as such term is used in Section X, Section
22 of the Missouri Constitution.
7.
It is the intent of this Section to establish a system of user's
fees, as "user's fees" are interpreted in recent Missouri case law,
that will be used to pay for the cost of providing sewer service facilities,
the demand for which is generated by new connections. The amount of
the user's fee to be paid by each new connection is calculated to
be directly proportionate to the demand for sewer service facilities
created by each such new connection. This Section is specifically
designed so as not to establish a "tax" or "fee" as such terms are
used in Section X, Section 22 of the Missouri Constitution, but rather
as a mechanism to equitably shift the burden of the cost of such facilities
from the existing general public (which has already paid its fair
share of the cost of the existing sewer system and which will continue
to pay for the cost of improvements to serve existing connections,
maintenance and repair through funds other than those derived from
the system of user's fees) to new connections that will generate the
need for sewer service facilities that will be constructed with monies
derived from this system of user's fees. The monies collected from
imposition of this system of user's fees are to be used to offset
the cost of providing sewer service to new connection in the form
of sewer service facilities and the system is designed to ensure that
such monies collected may only be expended to provide such services.
The monies may not be paid into the City's General Fund to defray
customary governmental expenditures. In addition, the system is designed
so that the user's fee:
a.
Is paid upon the approval of designated development applications,
not periodically;
b.
Is required to be expended for the provision of sewer facilities
that directly benefit the connection who has generated the need for
such facilities within a reasonable period of time from the date such
fee is paid;
c.
Is directly proportional in amount to the sewer facilities provided;
and
d.
Is for a service that has not been historically provided exclusively
by monies derived from taxes.
C.
Authority. In the creation of the sewer availability charge,
the City is exercising its local authority including, but not limited
to, its Police powers pursuant to Chapters 79, 88 and 91, RSMo., as
amended. The aforementioned provisions authorize the City to provide
and finance sewer service facilities and to provide for the health,
safety and general welfare of the City.
D.
Imposition Of Sewer Availability Charge.
1.
No application for a sewer service connection shall be approved unless
the applicant therefor, if so required, has paid the applicable sewer
availability charge imposed by this Section. Any application for a
sewer service connection approved by the City without payment by the
applicant and collection by the department of the applicable sewer
availability charge as required by this Section shall be null and
void.
2.
Sewer service connections shall otherwise comply with all applicable
ordinances of the City.
3.
Approval of an application for a sewer service connection shall expire by limitation and become null and void if the connection has not been completed within ninety (90) days of the date of such approval. Upon expiration, the applicant may apply for a refund of the sewer availability charge in accordance with Subsection (H)(5) of this Section.
E.
Applicability.
1.
This Section shall not be applicable to applications for sewer service
connections otherwise necessary for:
a.
Room additions, remodeling, rehabilitation or other improvements
to an existing structure, provided there is no increase in demand
for water facilities;
b.
Rebuilding of a damaged or destroyed structure, whether voluntary
or involuntary, provided there is no increase in demand for water
facilities;
c.
A change in occupancy without any increase in the demand for water
facilities; or
d.
Development within a specified area that, prior to May 1, 2001, and
pursuant to the provisions of Ordinance No. 764, as amended:
2.
This Section shall be applicable to applications for sewer service
connection due to an increase in demand for sewer facilities. An increase
in demand for sewer facilities shall mean a connection of new sewer
service to a residence, industrial facility or commercial facility
either directly or indirectly to the City's sewer system resulting
in additional discharge to the City's sewer system facilities.
F.
Calculation Of The Sewer Availability Charge.
1.
The City shall calculate the sewer availability charge due for a
new application for service based on a charge equivalent to a single
residential unit. It is assumed that the average single residential
unit is served by a five-eighths (⅝) inch by three-quarter
(¾) inch displacement type water meter (typical single-family
residence). A single-family residence is termed to be one (1) equivalent
impact unit (EIU). The availability charge for one (1) EIU is as set
forth in the City's schedule of fees and charges.
2.
For all connections to a facility other than a single-family residential
unit, the City shall calculate the sewer availability charge due for
a new application for service based on the following:
a.
Determining the capacity multiplier of the size and type meter to
be used for each new water service connection, relative to a five-eighths
(⅝) inch by three-quarter (¾) inch displacement type
meter (typical single-family residence) pursuant to the City's schedule
of fees and charges adopted by resolution of the Board of Aldermen;
and
b.
Determining the equivalent impact units (EIUs) of the size and type
meter to be used for each new connection, relative to a five-eighths
(⅝) inch by three-quarter (¾) inch displacement type
meter pursuant to the City's schedule of fees and charges adopted
by resolution of the Board of Aldermen; and
c.
Multiplying the equivalent impact units by the availability charge
for one (1) ERU.
3.
Where this Section becomes applicable due to an increase in demand
for sewer facilities, the sewer availability charge due shall be equal
to the difference between the current fee for the new sewer connection
minus the current fee for the existing sewer connection.
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Example: An existing customer applies to increase
an existing water service connection from a one (1) inch displacement
meter to a two (2) inch displacement meter. The sewer availability
charge due shall be equal to the current sewer availability charge
for the two (2) inch displacement meter minus the current sewer availability
charge for a one (1) inch displacement meter.
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G.
Administration Of Sewer Availability Charges.
1.
Collection of sewer availability charges. The City
prior to approving any application for service shall collect sewer
availability charges calculated and imposed pursuant to this Section.
2.
Transfer of funds to the Sewer Availability Charge Fund. Sewer availability charges shall be transferred for placement in the sewer availability charge fund account which has been established pursuant to Subsection (G)(3) below.
3.
Sewer availability charge fund account established.
a.
There is hereby established a separate sewer availability charge
fund account for the City.
b.
Funds withdrawn from the fund account must be used solely in accordance with the provisions of Subsection (G)(4) of this Section.
c.
Any funds not immediately necessary for expenditure shall be invested
in interest-bearing accounts. All interest earned shall be retained
in the fund account.
4.
Use of funds collected. The funds collected by reason
of this Section shall be used exclusively for the purpose of undertaking
sewer facilities projects or for financing directly or as a pledge
against bonds, revenue certificates and other obligations of indebtedness,
the costs of sewer facilities projects.
H.
Refunds.
1.
Upon application of the current property owner, the City shall refund
the portion of any sewer availability charge that has been on deposit
for more than ten (10) years and that remains unexpended.
a.
The current owner of the property must petition the City for the
refund within six (6) months following the ten (10) year period. The
time for filing a refund petition shall run from the date on which
the sewer availability charge was paid.
2.
An availability charge collected pursuant to this Section shall be
considered expended if, within ten (10) years from the date of payment,
the total expenditures for sewer facilities necessary to serve new
connections exceed the total fees collected for such facilities during
such period.
3.
If a refund is due pursuant to Subsections (H)(1) and (H)(2) of this Section, the City shall determine the amount of the refund per equivalent impact unit by dividing the difference between the amount of the fees collected and the amount of expenditures by the total number of equivalent impact units provided. The total refund due shall be calculated by multiplying the refund per equivalent impact unit by the capacity multiplier for the size and type meter for which the sewer availability charge was originally paid.
4.
Within one (1) month from the date of receipt of a petition for the refund, the City shall advise the petitioner of the status of the refund request. If the petition for refund meets all of the requirements of Subsections (H)(1), (H)(2) and (H)(3) of this Section, the City shall issue the refund within two (2) months from the date of receipt of the petition for refund.
5.
Refunds requested pursuant to the expiration of a sewer connection approval must be submitted within six (6) months of the date of expiration. Refund requests under this Subsection are not required to submit petitions pursuant to Subsection (H)(1) of this Section; however, adequate proof of entitlement to the refund must be provided to the City.
I.
(Reserved)
J.
Annual Review.
1.
Beginning in calendar year 2002 and periodically thereafter, the
City Administrator shall prepare a report on the subject of sewer
availability charges, which report shall include:
2.
The City Administrator, in preparing the annual report, shall obtain
and review the following information:
a.
A statement summarizing sewer availability charges collected and
disbursed during the preceding year for sewer facility projects;
b.
A statement summarizing sewer facility projects initiated and completed
during the preceding year;
c.
A statement summarizing the applications for service approved during
the preceding year;
d.
A statement that the sewer facility projects undertaken with sewer
availability charge funds are consistent with the adopted project
list;
e.
A revision of the project list and sewer availability charge calculation,
as appropriate.
3.
The report shall be presented to the Board of Aldermen.
4.
Based on the annual report and other factors as the Board of Aldermen
deems relevant and appropriate, the Board of Aldermen may amend this
Section.
5.
(Reserved)
6.
Nothing herein precludes the Board of Aldermen or limits its discretion
to amend this Section at such other times as may be deemed necessary.
K.
Appeals.
2.
The burden of proof shall be on the appellant to demonstrate that:
a.
The sewer availability charge is not applicable;
b.
The amount of the fee does not reasonably reflect the applicant's
pro rata share of the cost of sewer service facilities required to
serve the applicant's sewer service connection; and/or
c.
The amount of the refund was not calculated in accordance with the
provisions of this Section.
3.
The applicant shall file a notice of appeal with the City Clerk within
thirty (30) days following the determination of the applicability
of the sewer availability charge, the amount of the sewer availability
charge, or the amount of the refund due. An application for service
may continue to be processed while the appeal is pending, provided
that the notice of appeal is accompanied by a bond or other sufficient
surety satisfactory to the City Attorney in an amount equal to the
original determination of the availability charge due.
4.
Within ten (10) days of the notice of appeal, or by such date as
shall be agreed upon in writing between the applicant and the City,
the applicant shall submit to the Sewer Department studies, calculations
and other documentation appropriate to the determination of a availability
charge for new connection or the determination of a refund.
