[Ord. No. 218 Art. I §1, 12-19-1994]
It is determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare and convenience
of the City to collect charges from all users who contribute wastewater
to the sanitary sewerage system. The proceeds of such charges so derived
will be used for the purpose of operating and maintaining the sanitary
sewage system, payment of interest and principal of all bonds and
loans, to provide a reasonable depreciation fund and to provide for
treatment of said wastewater.
[Ord. No. 218 Art. II §§1
— 21, 12-19-1994]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
Structures containing two (2) or more dwelling units. If
each apartment has a single connection to the sanitary sewerage system
and a single metered connection to the potable water supply system
and discharges normal domestic wastewater into the City's sanitary
sewerage system, each apartment living unit will be considered a residential
user. If the entire building houses more than one (1) apartment or
living unit and has a single connection to the sanitary sewerage system
and a single metered connection to the potable water supply system
and discharges normal domestic wastewater into the City's sanitary
sewerage system, the building will be considered a commercial user.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five (5) days at twenty degrees Celsius (20°C)
in accordance with "Standard Methods", and expressed in milligrams
per liter (mg/l).
Structures containing both commercial units and dwelling
units. If the structure has a single connection to the sanitary sewerage
system and is served by a single metered connection to the potable
water supply system and discharges normal domestic wastewater into
the City's sanitary sewerage system, the building will be considered
a commercial user. If each building use has its own connection to
the sanitary sewerage system and each such use has its own metered
connection to the potable water supply system and discharges normal
domestic wastewater into the City's sanitary sewerage system, each
building use will be considered by its use.
Any establishment functioning for economic gain or a building
housing more than one (1) apartment or living unit having a single
connection to the sanitary sewage system and a single metered connection
to the potable water supply system and discharging normal domestic
wastewater into the City's sanitary sewerage system.
All expenditures for payment of interest, principal and coverage
of outstanding bonds and loans.
Any establishment which manufactures, assembles or processes
material for economic gain.
Wastewater that has a BOD concentration of not more than
two hundred forty (240) milligrams per liter (240 mg/l); a suspended
solids concentration of not more than two hundred fifty (250) milligrams
per liter (250 mg/l) and a pH within the range of 5.5 and 9.5.
All expenditures during the useful life of the sanitary sewerage
system for materials, labor, utilities, and other items which are
necessary for managing and maintaining the wastewater collection and
treatment system to achieve the capacity and performance for which
such systems were designed and constructed.
The logarithm (base 10) of the reciprocal of the hydrogen-ion
concentration expressed by one (1) of the procedures outlined in "Standard
Methods".
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 systems were designed and constructed. The term "operation and
maintenance" includes replacement.
A single-family dwelling having a single connection to the
sanitary sewerage system and a single metered connection to the potable
water supply system and discharging normal domestic wastewater into
the City's sanitary sewerage system.
Any devices and systems for the collection, storage, transportation,
treatment, recycling, and reclamation of municipal sewage, domestic
sewage, or liquid industrial wastes. These include intercepting sewers,
outfall sewers, sewage collection systems essential to provide a reliable
collection such as standby treatment units and clear well facilities;
and any works, 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 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.
Is mandatory; MAY — is permissive.
Solids that either float on the surface of or are in suspension
in water, sewage, or other liquids and which are removable by laboratory
filtration devices. Quantitative determination of suspended solids
(SS) shall be made in accordance with procedures set forth in "Standard
Methods".
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater published jointly by the American Public Health Association,
the American Water Works Association and the Water Pollution Control
Federation.
The assessment in addition to the basic user charge which
is levied on those wastewater contributors whose wastewater is greater
in strength than the concentration values of normal domestic wastewater.
The estimated period during which the sanitary sewerage system
will be operated.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the costs of operation,
maintenance, administration, debt service and replacement.
Any contributor to the wastewater collection system whose
lot, parcel of real estate, premises or building including single-family
house, each individual mobile home, each dwelling unit in apartment
buildings or duplexes or mobile home parks or other multiple-dwelling
facilities; each commercial user such as schools, hospitals, restaurants,
and truck stops; and industrial users.
[Ord. No. 218 Art. III §1, 12-19-1994]
The user charge system shall generate adequate annual revenues
to pay costs of annual administration, operation, maintenance, replacement
and debt service which the City may, by ordinance, designate to be
paid by the user charge system.
[Ord. No. 218 Art. III §§2
— 3, 12-19-1994]
A.
The
owner of any lot, parcel of land, or premises receiving the services
of said sanitary sewerage system, the occupant of such premises, and
user of the services shall be jointly and severally liable for the
payment of sewer usage charges to such lot, parcel of land or premises,
and all sanitary sewerage services are rendered to the premises in
each instance by the City of Foristell, St. Charles and Warren Counties,
Missouri, only on the condition that such owner, occupant and user
shall be jointly and severally liable therefore to said City of Foristell.
B.
Charges
for sanitary sewerage system use shall be made against each lot, parcel
of land, or premises which have an active sewer connection with the
sanitary sewerage system, or which actively discharges sewage or industrial
waste, either directly or indirectly, into said system or any part
thereof.
[Ord. No. 218 Art. III §4, 12-19-1994]
Statements of amounts due from each customer hereunder will
be made and distributed at monthly intervals and distributed the first
(1st) day of each month.
[Ord. No. 218 Art. III §5, 12-19-1994]
If the amounts shown to be due on said statements are not paid
in full within fifteen (15) days after the date of distribution, a
late payment charge of ten percent (10%) of the amount shown on such
statement will be added thereto and will be due and payable within
ten (10) days after the fifteenth (15th) day of the same month the
statement was received.
[Ord. No. 218 Art. III §§6
— 7, 12-19-1994]
A.
The
City reserves the right to make and establish special charges for
sanitary sewerage service supplied to properties which, in the judgment
of the Board of Aldermen, should be charged special rates because
of the unusual quantity or type of sewage created upon and discharged
from said properties into the said sanitary sewerage system.
B.
Any
user who produces waste as a part of his/her sewage which creates
special problems of conveyance, treatment or sewer blockage and which
requires the resources of the City for remedial steps shall be assessed
a service charge of twenty-five dollars ($25.00) for each such service
call plus the actual costs to the City for labor, equipment and material
expended in connection with same.
[Ord. No. 218 Art. III §8, 12-19-1994]
A surcharge will be levied to any user whose wastewater exceeds
the parameters of "normal domestic wastewater" being two hundred forty
(240) milligrams per liter (240 mg/l) BOD and two hundred fifty (250)
milligrams per liter (250 mg/l) SS. The surcharge will be based upon
the monthly average water usage and the concentration of the wastewater
as established by waste sampling. Waste sampling shall be performed
as often as may be deemed necessary by the City and shall be binding
as a basis for surcharge calculation.
[Ord. No. 218 Art. III §9, 12-19-1994]
A.
In
the event any charges established by this Chapter, either sewer use
charges, connection fees or special charges, shall become and remain
delinquent and unpaid for a period in excess of sixty (60) days, such
charges shall, upon the filing by said City of Foristell in the Recorder's
office of St. Charles County or Warren County, Missouri, of a written
notice setting forth:
1.
The amount due;
2.
The description of the real estate in connection with which such
charges arose; and
3.
The name of the owner of the legal title to such real estate;
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become a lien upon such real estate as described in said notice.
In the event of the filing and recording of such Notice of Lien, the
recording fees incurred by the said City of Foristell, St. Charles
and Warren Counties, Missouri, in connection therewith shall become
a further charge due and payable to the City of Foristell and the
City shall be entitled to collect the same, together with all delinquent
charges prior to the release of the lien.
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[Ord. No. 218 Art. III §10, 12-19-1994]
Property subject to a lien for unpaid charges shall be sold
for non-payment of the same and the proceeds of the sale shall be
applied to pay the charges, after deducting costs, as is the case
in the foreclosure of statutory liens. Such foreclosure shall be by
bill-in-equity in the name of the City of Foristell. The City Attorney
is hereby authorized and directed to institute such proceedings in
the name of the City of Foristell in any court having jurisdiction
over such matters against any property for which the bill has remained
unpaid sixty (60) days after it was rendered.
[Ord. No. 218 Art. III §§11
— 12, 12-19-1994]
A.
All
of the revenues received by the City of Foristell as surcharge fees,
sewerage use charges, and special charges as provided herein shall
be set aside as collected and deposited in the Waterworks Account
175752035 and will be kept in three (3) primary fund accounts as follows:
1.
Operation and maintenance account. The operation
and maintenance account shall be designated for the specific purpose
of defraying operation and maintenance costs of the sanitary sewerage
and treatment systems.
2.
Replacement account. The replacement account shall
be designated for the specific purpose of ensuring replacement needs
over the useful life of the sanitary sewerage system. The minimum
annual deposit to the replacement account shall be four thousand five
hundred seven dollars sixty-six cents ($4,507.66).
3.
Loan retirement. The loan retirement account shall
be designated for the specific purpose of ensuring sufficient funds
to pay the interest and principal of the loan of seventy-eight thousand
dollars ($78,000.00) for the purpose of paying for part of the cost
of constructing said sanitary sewerage system and treatment facility.
The minimum annual deposit to the loan retirement account shall be
seven thousand forty-three dollars forty cents ($7,043.40).
B.
Fiscal
year-end balances in the accounts shall be carried over to the same
accounts in the subsequent year and shall be used for no other purposes
than those designated for these accounts. Monies which have been transferred
from other sources to meet temporary shortages shall be returned to
their respective accounts within the fiscal year following the fiscal
year in which the monies were borrowed.
[Ord. No. 218 Art. III §13, 12-19-1994]
The adequacy of the user charge system shall be reviewed annually
by certified public accountants for the City of Foristell in their
annual credit report. The user charge system shall be revised periodically
to reflect a change in debt service, operation or maintenance costs
or replacement costs.
[Ord. No. 218 Art. III §14, 12-19-1994]
A.
If the rates and charges for sanitary sewer service, including all penalties, are not paid within fifteen (15) days after due date of the current bill, or, if the user has been found in violation of any of the rules and regulations of Chapter 710 of this Code, the City may at its sole discretion, discontinue such service. If the user is not the owner of the premises receiving service, a seven (7) day written notice shall be mailed by certified mail, return postage requested, to the owner of the premises at the name and address previously registered with the City by the owner for the purpose of receiving such notices. The notice shall clearly state the number of days the account is in arrears and the balance due, including any penalty charges or the rule or regulation which is alleged to have been violated, whichever is applicable; the name, title, address and telephone number of the person to contact for an informal resolution of the user's complaints in cases of disputes concerning the amount due or other problems with the account; the address and office hours of the utility office in case the user wishes to informally resolve his/her complaint in person; and the fact that the user is entitled to a hearing on his/her complaint before some authorized agent of the City when and if the complaint cannot be informally resolved.
B.
The
City shall also have the right to disconnect or refuse service to
any user with one (1) or more installments if the bills for all City
sanitary sewer charges are not paid at any one (1) installation, subject
to the notice and procedural provisions required by this Section.
C.
If
a user calls, visits or writes the authorized representative mentioned
in the notice, complaining of an overcharge or other problems with
the account, the authorized representative shall do one (1) or more
of the following:
1.
Stay termination of service until an authorized representative renders
a decision or all appeals are exhausted, whichever is later. Provided
however, that the authorized representative shall render a decision
within ten (10) days from the date the user called with his/her complaint
or made his/her complaint in person or from the date of receipt of
the user's written complaint.
2.
Conduct an investigation, including but not limited to, a check of
the water records with respect to the property or properties in question,
and check the billings for possible errors in the computation of the
billing.
3.
Establish a written credit plan in the form of an agreement of accord
and satisfaction in cases of claimed financial difficulties.
4.
If the authorized representative finds merit to the dispute, he/she
can make an adjustment of the bill with the user with the approval
of the Board of Aldermen.
D.
If
the authorized representative finds that the dispute as to an overcharge
or the problem with the account has no merit, he/she shall communicate
this decision to the user by certified mail, return receipt requested,
by personal delivery or by posting on the premises to be disconnected.
The notice of the decision shall specify that if the account is not
paid or the user does not appeal the decision, on or before five (5)
days from the date of receipt of said notice, the sanitary sewer service
will be discontinued.
E.
Any
user may request a hearing before the authorized representative in
the following circumstances:
1.
Within seven (7) days after the date of receipt of any notice of termination of service. If user is charged with a violation of the rules and regulations of Chapter 710 of this Code other than with a dispute on the charges or other problems with the account, the user may also request a hearing as provided herein. The informal resolution procedure described above is not available to any user which is charged with other violations of the rules and regulations.
2.
Within five (5) days after receipt of the notice of decision by the
authorized representative under the informal resolution procedure
mentioned above. The hearing date shall be scheduled during regular
City business hours for a date convenient to the parties, but no later
than ten (10) days from the date of the request. The hearing date
and time shall be confirmed by the City in writing to the person requesting
the hearing by first class U.S. mail. At such hearing the user shall
have the right to be represented by counsel, to appear at the hearing
in person, to present evidence on his/her own behalf and to examine
any evidence which the City might introduce. The City is authorized
to conduct its own investigation of the user's complaint and to present
any evidence to that effect at the hearing. Within five (5) days after
the conclusion of any hearing, the authorized representative conducting
the hearing will render a decision on the basis of the evidence presented.
Such decision shall be communicated to the user by certified mail,
return receipt requested, or by personal delivery, or by posting on
the premises to be disconnected. In case the decision is against the
user, the notice of the decision shall specify that if the account
is not paid, or violation is not abated, on or before five (5) days
from the date of receipt of notice, the sanitary sewer service shall
be discontinued.
3.
When a user's sanitary sewer bills are in arrears because of a claimed
financial difficulty, and the user has not defaulted on previous credit
extension, an agreement of accord and satisfaction may be entered
into between the user and the City, whereby the user shall pay his/her
monthly bill on the basis set forth in the agreement of accord and
satisfaction.
If the user defaults on the terms of the agreement of accord
and satisfaction, all service bills in arrears shall be immediately
due and payable, and no further credit extension shall be granted
to that user at the sole discretion of the Board of Aldermen. A new
written notice as specified hereinbefore shall be sent to the user
stating the new service termination date.
4.
If service is discontinued because of non-payment of sanitary sewer service bills or because of violation of any rules and regulation of Chapter 710 of this Code such service shall not be restored until all charges, costs and damages, if any, have been paid or the violation corrected and until the sum of twenty-five dollars ($25.00) has been paid to the City for the inspection fee. However, if a user requires the inspection to be performed at a time other than normal working hours, the user shall be required to pay the sum of seventy-five dollars ($75.00).
[Ord. No. 218 Art. IV §§1
— 4, 12-19-1994; Ord. No. 486 §4, 7-22-2002]
A.
Basis For Charges. Each user shall pay for the services
provided by the City based upon his/her water usage as provided in
this Section.
B.
User Types. There shall be two (2) user classes, residential
and non-residential.
1.
Residential. Residential user charges shall apply to all "residential" users as defined in Section 715.020, and the monthly rate is based on the average water usage for the months of February, March and April as computed in October of each year; to go into effect as provided in Section 705.250. Residential users with no usage for February, March and April shall pay a rate equal to the average residential use for February, March and April until such time as an average can be established.
2.
Non-residential. Non-residential user charges shall apply to all "commercial and industrial" users as defined in Section 715.020 and any other user not defined as a "residential user". The non-residential user's monthly rate is based on monthly water usage and is hereby established as the sum of the monthly fixed administrative charge, the monthly unit hydraulic charge plus any surcharges and/or special charges as provided for in this Section.
C.
Basic User Charge. The fixed administrative charge as established
by this Chapter shall be charged to:
1.
All users having access to the sanitary sewerage system, whether
or not physical connection has been made to the public sanitary sewer
and user's wastewater is being received by the sanitary sewerage system.
2.
All users whose service has been temporarily suspended by the user
or the City of Foristell for non-payment of billed services.
D.
Service Account Charge. There shall be a service account
deposit of fifty dollars ($50.00) for sewer users that do not receive
City water services.
[Ord. No. 486 §5, 7-22-2002; Ord. No. 540 §4, 5-5-2003; Ord.
No. 766, 8-16-2010; Ord. No. 817 §§ 1 — 2, 12-21-2015]
A.
The following shall be and the same is hereby established as the
wastewater utility user fees and charges fee schedule for sewer collection
and treatment service as fixed by the Board of Aldermen of the City
of Foristell, Missouri, subject to such change from time to time as
the Board of Aldermen shall direct, based upon the current administrative,
operational, maintenance, treatment, construction and bond financing
costs incurred by the City.
1.
Monthly Sewer Rates.
a.
b.
Adjustments for cost of living may occur after December 1, 2016
as part of the budgetary process by the City.
2.
For non-resident consumers, wastewater service shall not be
provided to customers outside the Foristell City limits except on
approval of the Board of Aldermen. Wastewater customers not located
within the City limits shall be charged double for all fees established
by this Section as is authorized by Missouri Statutes.
[Ord. No. 218 Art. V §1, 12-19-1994]
The State of Missouri Department of Economic Development and
the Missouri Department of Natural Resources or their authorized representative
shall have access to any books, documents, papers and records of the
City of Foristell which are applicable to the sanitary sewerage and
treatment systems and user charge system for the purposes of audit,
examination, excerpts and transcriptions hereof to insure compliance
with the terms of the conditions of the agencies.
[Ord. No. 218 Art. VI §1, 12-19-1994]
The City of Foristell, Missouri, and its agents and employees
shall have ready access at all reasonable times to the premises, places,
or buildings where sewerage service is supplied by the City for the
purpose of examining and testing the operation of the sanitary sewerage
system, and it shall be unlawful for any person or corporation to
interfere with, prevent, or obstruct said City, or its duly authorized
employees or agents in its or their duties hereunder. Every user of
the system shall take and accept the services of said sanitary sewerage
system.
