[Ord. No. 373 Ch. 1(1.1), 5-18-2006]
This Chapter shall be known and may be cited as the City of Cole Camp's Sewer Use Ordinance.
[Ord. No. 373 Ch. 1(1.2), 5-18-2006]
A. 
This Chapter is adopted pursuant to the authority contained in Chapter 89, RSMo. 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 City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining, and retiring the debt for such public wastewater treatment works.
B. 
The regulations contained in this Chapter are adopted for the following purposes:
1. 
To protect and provide for the public health, safety, and general welfare of the City of Cole Camp.
2. 
To promote good planning and land development practice.
3. 
To conserve the City's resources and ensure the adequate capacity and provision of sewers to serve the population.
4. 
To prevent the pollution of water resources.
5. 
To promote efficient expenditure of public financial resources.
C. 
The provisions of this Chapter shall be administered to ensure orderly growth and development of the City and shall supplement and implement other adopted design standards and regulations approved by the City.
[Ord. No. 373 Ch. 1(1.3), 5-18-2006]
This Chapter shall be effective throughout the City's planning jurisdiction that comprises the area within the boundaries of the City of Cole Camp.
[Ord. No. 373 Ch. 1(1.5), 5-18-2006]
A. 
If necessary, reasonable fees to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for permits, appeals, and amendments to the codes and standards established herein. Fees to cover the costs for, but not limited to, review of public sanitary sewer extension plans and specifications submitted for a permit and project inspections shall be borne by the applicant as actual costs incurred by the City. These costs may include review and inspection fees on a time and materials basis by outside consultants in accordance with their current rate schedule.
B. 
Fees established in accordance with Subsection (A) shall be paid upon submission of a signed application by the applicant, by the petitioner, or by the party submitting a notice of appeal.
C. 
Sewer Connection Fee. A permit and inspection fee of five hundred dollars ($500.00) for each separate residential living unit or for each separate business or industrial unit shall be paid to the City at the time the application is filed. This fee does not apply to any unit in existence prior to this Chapter.
[Ord. No. 373 Ch. 1(1.6), 5-18-2006]
A. 
Each user shall pay for the services provided by the City based on their use of the treatment works as determined by water meter(s) acceptable to the City.
B. 
For residential contributors, monthly user charges will be based on average monthly water usage during the months of January, February, and March. (Water usage for these months includes little use for such activities as lawn watering, car washing, and other seasonal consumptive uses.) If a residential contributor has not established a January, February, and March average, their monthly bill shall be the median charge of all other residential contributors.
[Ord. No. 552, 8-17-2023]
For industrial and commercial contributors, user charges shall be based on water used during the current month. If a contributor (residential, commercial, or industrial) has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on water meter(s) installed and maintained at the contributor's expense, and in a manner acceptable to the City.
C. 
The schedule of wastewater service rates, which shall be applied to the water usage of all residences, buildings, structures, and users connected to the sewer, shall be as set out in Appendix A to this Chapter 710.
1. 
For the services rendered to another public authority, the authority shall be subject to the same charges herein provided for other users of the sewer.
D. 
Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the Board of Aldermen.
E. 
The user charge rates established in this Article apply to all users of the City's treatment works, regardless of the user's location.
F. 
All users shall be billed monthly. Billings for each month shall be made within thirty (30) days after the end of that month. Payments are due when billings are made. Any payment not received within thirty (30) days after the billing is made shall be delinquent.
G. 
A late payment penalty of ten percent (10%) of the user charge bill will be added to each delinquent bill for each thirty (30) days of delinquency. When any bill is thirty (30) days in default, rendition of water and/or sewer service to such premises shall be enforced until such bill is paid following due notice and opportunity for hearing.
[Ord. No. 373 Ch. 1(1.7), 5-18-2006]
The burden of proof shall be upon the applicant in all proceedings pursuant to this Chapter. It is presumed that the applicant has knowledge of the requirements of this Chapter and the applicant is obligated to meet the requirements unless a variance is granted. Failure to meet the requirements is one (1) reason for denial of an application.
[Ord. No. 373 Ch. 1(1.8), 5-18-2006]
A. 
The provisions of this Chapter shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and general welfare.
B. 
Where the conditions imposed by any provision of this Chapter are either more restrictive or less restrictive than conditions imposed by any other provision of this Chapter or other applicable law, ordinance, rule or regulation, the regulations which are more restrictive and which impose a higher standard shall govern.
C. 
No statement contained in this Chapter shall be construed to interfere with any additional requirements that may be imposed by the Superintendent or the State of Missouri.
D. 
The provisions of this Chapter are separable. If any Section, sentence, clause or phrase of this Chapter is for any reason held to be invalid by a court of competent jurisdiction, the decision shall not affect the remaining portions of this Chapter.
[Ord. No. 373 Ch. 1(1.9), 5-18-2006]
A. 
No land shall be developed or platted within the boundaries of the City except in conformance with the provisions of this Chapter.
B. 
The St. Clair County Register of Deeds shall not record any sanitary sewer utility easement within the boundaries of the City of Cole Camp unless the legal documents and construction plans have been approved in accordance with the provisions of this Chapter. In the event any such unapproved easement is recorded, it shall be considered invalid and the Board of Aldermen shall institute proceedings to have the easement stricken from the records of the County.
C. 
No development permit or certificate of occupancy shall be issued for any lot, parcel or tract of land which was created after the effective date of this Chapter and which is not in conformance with the provisions of this Chapter.
D. 
No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the provisions of this Chapter.
[Ord. No. 373 Ch. 1(1.10), 5-18-2006]
A. 
Any person aggrieved by any decision of the Superintendent may appeal to the City Board members by filing a written application with the City Clerk within thirty (30) days after being notified of the decision which is the subject of the appeal.
B. 
The Board shall schedule a hearing on appeal, and shall give the person notice of the date of hearing at least ten (10) days prior to the hearing date and give the person reasonable opportunity to be heard.
C. 
Appeal hearing to the Board shall be conducted in accordance with the adopted rules and procedures.