City of Poplar Bluff, MO Chapter 715 User Charge System

Section 715.005 Enforcement Response Plan for Industrial Users.

[Ord. No. 22-36, 6-20-2022]

The City does hereby approve and adopt an "Enforcement Response Plan for Industrial Users." A copy of said plan is on file in the office of the City Clerk, and the Municipal Utilities Office, and is available for review and inspection upon request.

Section 715.010 Definitions.

[Ord. No. 7854 § 2, 4-2-2018[1]]

A. Unless the context specifically indicates otherwise, the meanings of the terms used in this Chapter shall be as follows:

BOD or BOD₅ (DENOTING BIOCHEMICAL OXYGEN DEMAND)

The amount of oxygen used in the biochemical oxidation of organic matter in five (5) days as determined in accordance with standard BOD analysis techniques. BOD is a standard test performed on wastewater and is an indication of the amount of organic matter in the wastewater. BOD test results are expressed in milligram per liter (mg/l).

CITY

The City of Poplar Bluff, Butler County, Missouri, acting through its Mayor and City Council and its appointed agents, including, but not limited to, the Manager of the City Light and Water-Sewer Departments.

CLASS 1 USER

Any single-family dwelling user that obtains all of his/her water from the City water system and discharges only normal domestic wastewater to the sewer system.

CLASS 2 USER

Any school, place of business, church, multi-dwelling residence, industry, office or multi-office building which receives all of its water from the City water system and discharges only normal domestic sewage to the sewer system and whose total monthly water consumption does not exceed five thousand (5,000) gallons.

CLASS 3 USER

Any school, place of business, church, multi-dwelling residence, industry, office or multi-office building which receives all of its water from the City water system and discharges only normal domestic sewage to the sewer systems and whose total monthly water consumption does not exceed twenty thousand (20,000) gallons.

CLASS 4 USER

Any school, place of business, church, multi-dwelling residence, industry, office or multi-office building which receives all of its water from the City water system and discharges only normal domestic sewage to the sewer system and whose total monthly water consumption does not exceed one hundred thousand (100,000) gallons.

CLASS 5 USER

Any school, place of business, church, multi-dwelling residence, industry, office or multi-office building which receives all of its water from the City water system and discharges only normal domestic sewage to the sewer system and whose total monthly water consumption does not exceeds one hundred thousand (100,000) gallons.

CLASS 6 USER

Any user who discharges anything other than normal domestic wastewater to the sewer system.

CLASS 7 USER

Any user who receives his/her water from a source other than the City water supply system and discharges only normal domestic sewage to the sewer system.

CLASS 8 USER

Any user who receives part of his/her water from the City water system and the remainder of his/her water from another source or any user who allows rainwater, surface water or groundwater to enter the sewer system from his/her property and who otherwise discharges domestic sewage to the sewer system.

CLASS 9 USER

Any user whose sewage is produced outside of and transported into the City sewer system.

INDIRECT DISCHARGE

The introduction of pollutants into a publicly-owned treatment works (POTW) from any non-domestic source.

[Ord. No. 22-36, 6-20-2022]

NORMAL DOMESTIC WASTEWATER

Wastewater that does not violate any provision of the City's sewer user regulations contained in Chapter 710 of this Code. Normal domestic wastewater shall have a BOD concentration of not more than two hundred fifty (250) mg/l and a SS concentration of not more than two hundred fifty (250) mg/l. (These concentrations are based on per capita contributions of one hundred (100) gallons of flow per day, fifty-seven-hundredths (0.57) pounds of BOD per day and fifty-seven-hundredths (0.57) pounds of SS per day.

[Ord. No. 22-36, 6-20-2022]

SEWER SYSTEM

All of the facilities owned by the City that are used for the collection, treatment and disposal of wastewater, including all lines, manholes, lampholes, pump stations and treatment facilities.

SS (DENOTING SUSPENDED SOLIDS)

The amount of solids suspended in wastewater that can be removed by filtering the wastewater in accordance with standard SS analysis techniques. SS is a standard test performed on wastewater and test results are expressed in milligrams per liter (mg/l).

USER

Any individual, establishment, company, institution, business, group or entity that regularly discharges wastewater into the sewer system.

USER CHARGE

The monthly fee that users must pay.

WASTEWATER

Everything that flows into the sewer system.

WATER AND SEWER BOND ACCOUNT

A nonlapsing fund into which only funds to be used to pay off the bonded indebtedness against the sewer system shall be deposited.

WATER AND SEWER BOND RESERVE ACCOUNT

A nonlapsing fund into which only funds to be used to establish certain reserves required by the revenue bond ordinance shall be deposited.

WATER AND SEWER CONTINGENT ACCOUNT

A nonlapsing fund into which certain funds specified by the revenue bond ordinance shall be deposited.

WATER AND SEWER DEPRECIATION RESERVE ACCOUNT

A nonlapsing fund into which only funds to be used for making repairs and/or obtaining and installing equipment, accessories or appurtenances, which are necessary during the service life of the sewer system to maintain the capacity and performance for which such system was designed, shall be deposited.

WATER AND SEWER FUND

A nonlapsing fund into which all revenue that is collected as a result of this Chapter shall be deposited.

WATER AND SEWER OPERATION AND MAINTENANCE ACCOUNT

A nonlapsing fund into which sufficient funds to pay the cost of operating and maintaining the sewer system in good repair and working order shall be deposited.

WATER AND SEWER SURPLUS ACCOUNT

A nonlapsing fund into which surplus funds, if any, shall be deposited.

WATER USAGE OR WATER CONSUMPTION

The volume of water used per month as determined by a City-installed metering device or, where no such device is installed, by estimates made by the City.

[1] Editor's Note: This Chapter also repealed former Ch. 715, user Charge System, adopted and amended by R.O. 2007, §§ 37-126 through 37-131; Ord. No. 5129, § 2, 10-5-1987; Ord. No. 5267 § 1, 3-6-1989; Ord. No. 5834 § 1, 10-2-1995.

Section 715.020 Charges.

[Ord. No. 7854 § 2, 4-2-2018; Ord. No. 22-36, 6-20-2022]

A. User charges for the following classes which produce normal domestic sewage shall be determined as follows:

1. Class 1, residential. Users in this category shall pay a base amount as stated in Appendix D of the Policy Manual.[1]

[1] Editor's Note: Appendix D of the Policy Manual is on file in the City offices.

2. Class 2, light commercial [less than five thousand (5,000) gallons per month]. Users in this category shall pay a base amount as stated in Appendix D of the Policy Manual.

3. Class 3, medium commercial [between five thousand (5,000) and twenty thousand (20,000) gallons per month]. Users in this category shall pay a base amount as stated in Appendix D of the Policy Manual.

4. Class 4, heavy commercial [between twenty thousand (20,000) and one hundred thousand (100,000) gallons per month]. Users in this category shall pay a base amount as stated in Appendix D of the Policy Manual.

5. Class 5, extra heavy commercial [over one hundred thousand (100,000) gallons per month]. Users in this category shall pay a base amount as stated in Appendix D of the Policy Manual.

B. User charges for the following special classes of users shall be determined as follows:

1. Class 6, high strength and toxic (independent of water consumption). Users in this category shall pay the sum total of all of the charges as stated in Appendix D of the Policy Manual as they apply to the individual user's situation.

2. Class 7, Resident And Commercial Users Not Connected To City Water. Users in this category shall pay a flat rate as stated in Appendix D of the Policy Manual.

3. Class 8, resident and commercial users connected to City water and receiving additional water from another source or who allow rainwater, surface water or groundwater to enter the City sewers from their property. A user in this category shall pay all of the fees as stated in Appendix D of the Policy Manual.

4. Class 9, Nonresident Users. Users in this category shall pay an amount which shall be determined by the City on a case-by-case basis.

C. The City shall be the sole judge in matters concerning appropriate users' classifications. The City shall also have the authority to assess any user who discharges high strength wastes into the sewer system such charges as may be necessary to cover the costs of treating and disposing of such high strength wastes. In addition to the charges as outlined in Subsection (A) and (B) of this Section, a surcharge shall be assessed to users who contribute wastes with pollutant levels above the following as identified in the Normal Domestic Wastewater definition.

Section 715.030 Sample Rate Calculations.

[Ord. No. 7854 § 2, 4-2-2018; Ord. No. 22-36, 6-20-2022]

Users in Classes 1 through 9 will be charged according to current rates listed in Appendix D of the Policy Manual.

Section 715.040 Basis For Charges.

[Ord. No. 7854 § 2, 4-2-2018]

A. The charges described in Section 715.020 are intended to provide enough revenue to pay all expenses associated with the sewer system. Appendix A on file in the City offices illustrates the methods used to establish the base and per thousand gallon rates for residential and commercial user classes.

B. The charges described in Section 715.020 are intended to distribute the expenses associated with the sewer system proportionately among the users. The City shall review, at least annually, the user charges and revise them, if necessary, to accomplish the following:

1. Maintain the proportional distribution of expenses among the users;

2. Generate adequate revenue to pay all expenses;

3. Prevent borrowing from other sources;

4. Apply excess revenue collected to the expenses for the next year and reduce the charge accordingly.

C. The City shall notify each user, at least annually, in conjunction with regular billing procedures as to the rate and that portion of the user charges that are attributable to wastewater treatment services.

D. The City will review and adjust the user charges any time there is a substantial change in expenses or any time there is a substantial change in the characteristics of the wastewater from a user or class of users.

Section 715.050 Accounting Procedures.

[Ord. No. 7854 § 2, 4-2-2018]

A. All revenue collected as a result of this Chapter shall be deposited in the Water and Sewer Fund.

B. In addition to the Water and Sewer Fund, six (6) separate new accounts shall be established by the City. The accounts shall be referred to as:

1. Water and sewer operation and maintenance account;

2. Water and sewer bond account;

3. Water and sewer bond reserve account;

4. Water and sewer depreciation reserve account;

5. Water and sewer contingent account; and

6. Water and sewer surplus account.

C. All accounts shall be kept in a bank insured by the Federal Deposit Insurance Corporation and shall be separate from all other bank accounts of the City.

D. The current expenses of the sewer system shall be paid from the water and sewer operation and maintenance account, as a first charge against the Water and Sewer Fund, as the expenses become due on a month-to-month basis. Current expenses shall include all reasonable and necessary costs of operating, repairing, maintaining and insuring the sewer system, but shall exclude payments into the bond account, bond reserve account, depreciation reserve account, contingent account and surplus account. If a shortage occurs in the Water and Sewer Fund, the user charges shall be increased to provide the revenue needed. An estimate of the annual new expenses associated with the sewer system is included in Appendix A on file in the City offices. Detailed current operating expenses may be found in the Sewer Department's annual audit. The projected expenses are estimates and may change in the future.

E. Principal and interest on the sewer revenue bonds shall be paid from the water and sewer bond account. So long as any of the principal of the sewer revenue bonds remains unpaid, sums at least equal to one-sixth (1/6) of the amount of interest due on the next interest payment date, plus one-twelfth (1/12) of the amount of principal that becomes due on the next maturity date shall be deposited in the bond account on the first day of each month.

F. As long as any of the principal or interest of the sewer revenue bonds remains unpaid, additional sums derived from operation of the sewer system shall be deposited in the water and sewer bond reserve account until the amount specified by the revenue bond ordinance is accumulated.

G. At least monthly, two thousand two hundred twenty-five dollars ($2,225.00) shall be withdrawn from the Water and Sewer Fund and deposited in the water and sewer depreciation reserve account. All revenue deposited in the depreciation reserve account shall be used only for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the sewer system to maintain the capacity and performance for which such system was designed and constructed. If a shortage occurs in the depreciation reserve account, money shall be withdrawn from the Water and Sewer Fund to provide the revenue needed. An estimate of the replacement expenses is included in Appendix A on file in the City offices.

H. Remaining accounts shall be funded as specified by the revenue bond ordinance. Funds shall not be taken from any account at the end of the fiscal year unless the funds are to be used for the purposes already stated. Fiscal year-end balances in any account shall be left in the account and used in the following fiscal year for the purposes already stated. If the amount of funds in any account becomes excessive, the excess revenue shall be used to reduce the user charge in accordance with Section 715.040.

I. The purpose of this Chapter is to generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, and costs associated with debt retirement of sewer revenue bonds which the City may by ordinance designate to be paid by the user charge system. The accounts described in this Section may be modified and maintained in accordance with the bond ordinance, as long as the intent of this user charge system Chapter is met.

Section 715.060 Billing Procedures.

[Ord. No. 7854 § 2, 4-2-2018; Ord. No. 22-36, 6-20-2022]

A. All users shall be billed monthly or as otherwise by the City (quarterly). Payments are due and payable prior to the penalty date shown on the face of the bill.

B. The City shall take whatever legal action it deems necessary to collect delinquent payment.

C. Any person who fails, refuses or neglects to pay the billing for the sewer service as required by this Chapter shall be subject to disconnect and discontinue of all utility services furnished by the City to the consumer so in arrears.