[Ord. No. 580, 7-11-2017[1]]
It is determined and declared to be necessary and conducive
to the protection and preservation of public health, safety and welfare
and for the purpose of preventing or abating the pollution of water,
to fix and maintain rates and make and collect charges for the use
and services of the City's facilities, for the benefit of which
revenue bonds were issued, sufficient to pay the cost of maintenance
and operation thereof, to pay the principal of and the interest on
all revenue bonds issued by the City chargeable to the revenues of
the system, and to provide funds ample to meet all valid and reasonable
requirements of the ordinance or resolution by which such revenue
bonds have been issued. In addition, it is determined by the City
necessary to establish, make and collect charges for sewerage services,
including tap-on or sewer connection fees, which permitted charges
shall be in addition to those charges which may be levied and collected
for operating, maintenance, repair and administration, and retiring
the debt service for such public wastewater facilities.
[Ord. No. 580, 7-11-2017]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
A displacement or turbine type cold water meter manufactured
and operating in compliance with AWWA C700 or C701 and which can provide
an accurate measurement of water usage by a Patron upon which a sewer
bill may, at least in part, be calculated. Approved meter will also
mean a meter meeting the standards of the City of Pacific that provides
water service to such Property, or a sewage flow meter compliant with
the National Bureau of Standards, USEPA, or the AWWA Standards.
The minimum charge amount of charges imposed and billed by
the City, expressed as a per Patron monthly average, and which are
required to pay fixed annual expenses of the City which are unrelated
to treatment of Wastewater, including without limitation, maintenance,
repair and administration, and debt service expenses, as mandated
by Missouri Statute.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Celsius (20° C.) expressed in milligrams
per liter (mg/l).
The City of Belle.
A non-residential Patron whose use of or contribution of
Wastewater to the City's public sewer system arises or originates
from a separate and distinct structure or facility utilized or operated
as a business enterprise, non-profit or charitable endeavor, or other
non-residential use (also referred to as "Commercial Property") whereby
the characteristics of the generated Wastewater is Normal Domestic
Wastewater.
Property utilized or operated as a business enterprise, non-profit
or charitable endeavor, or other non-residential use generating Normal
Domestic Wastewater. "Commercial Property," includes, but is not limited
to, Property used for hotels, motels, restaurants, stores, convenience
stores, grocery stores, gas stations, car washes, storage units, resorts,
malls, shopping centers, theaters, country clubs, office buildings
or churches.
A definable quantity of wastewater produced and discharged
from Property.
A person or entity who contributes Wastewater to the City's
Facilities.
Any separate and distinct individual or entity whom the City
may recognize as such and with whom the City may reach and make agreements
from time to time, as permitted by Missouri Statutes, with respect
to sewerage systems, the Facilities, rates and charges, and other
rules, ordinances and regulations of the City, concerning a separate
and distinct Development.
A separate and distinct planned area of building and construction
for residential or commercial purposes, including without limitation
the construction of sewerage system infrastructure, which is comprised
of more than one (1) residential or commercial building or structure
and located within a solitary and contiguous area or tract of real
property which is owned by a Developer.
Any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage, or liquid industrial
wastes. These include interceptor sewers, outfall sewers, sewage collection
systems, individual systems, pumping, power, and other equipment and
their appurtenances, extensions, improvements, remodeling, additions,
and alterations thereof, elements essential to provide a reliable
recycled supply such as standby treatment units and clear well facilities,
and any works, including site acquisition of 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 storm water and sanitary sewer systems.
Shall be defined as the equivalent waste load of an average
Residential household. This shall be defined as 1.0 household equivalent
as determined per 10 CSR 20-8.020(11)(B)(3) and 10 CSR 20-8.020(11)(B)(4)
of the Missouri Code of State Regulations, and as determined per Missouri
Department of Natural Resources, Public Drinking Water Program, Design
Guide for Community Water Systems, Chapter 1, Section 1.1.2.d.3, and
as provided in Appendix A (held on file in the City offices).
A Contributor whose use of or contribution of Wastewater
to the City's Facilities arises or originates from a separate
and distinct structure or facility utilized or operated as a business
enterprise or other non-residential use whereby the Wastewater is
primarily generated from an industrial process discharging non-domestic
Wastewater which may be toxic or unusually strong conventional wastes
and which may require pretreatment prior to discharging to the public
sewer system.
An action or requirement that is permissive or discretionary.
Wastewater that has concentrations of not more than:
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BOD5
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< 300 mg/l
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TSS
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< 300 mg/l
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Oil and Grease
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< 100 mg/L
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NH3 - N
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< 30 mg/L
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TKN
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< 40 mg/L
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Total P
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< 10 mg/L
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Dissolved Sulfides
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< 0.5 mg/L
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All expenditures during the useful life of the Facilities
for materials, labor, utilities, and other items which are necessary
for managing and maintaining the sewage works to achieve the capacity
and performance for which such works were designed and constructed.
The real property being served by the City or the City's
Facilities or which is otherwise subject to the imposition of any
determined Wastewater Service Charge or Wastewater Usage Charge, or
which is subject to any other of the provisions of this Chapter, and
shall include the land and improvements made upon any such real property.
Expenditures made for obtaining and installing equipment,
accessories, or appurtenances which are necessary during the useful
life of the Facilities to maintain the capacity and performance for
which such works were designed and constructed. The term "Operation
and Maintenance Expense" includes Replacement Expense.
A contributor whose use of the Facilities of the City or
whose contribution of Wastewater to the Facilities of the City arises
or originates from a lot, parcel of real property, or building that
is utilized for domestic dwelling purposes only. All other users shall
be considered "non-residential Contributors."
Refer to domestic, municipal, or industrial liquid waste
products disposed of, usually via a pipe or sewer or similar structure,
and Sewage is the subset of Wastewater that is contaminated with feces
or urine, but is often used to mean any Wastewater.
A connection fee or tap-on fee imposed and collected by the
City prior to any connection made to the Facilities of the City to
allow for use of or contribution of Wastewater to the Facilities of
the City.
An action or requirement that is mandatory; "May" is permissive.
Any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage, or liquid industrial
wastes. These include interceptor sewers, outfall sewers, sewage collection
systems, individual systems, pumping, power, and other equipment and
their appurtenances; extensions, improvements, remodeling, additions,
and alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clean well facilities;
and any works, including site acquisition of land that will be an
integral part of the treatment process or is used for ultimate disposal
of residues resulting from such treatment (including land for composting
sludge, temporary storage of such compost, and land used for the storage
of treated wastewater in land treatment systems before land application);
or any other method or system for preventing, abating, reducing, storing,
treating, separating, or disposing of municipal waste or industrial
waste, including waste in sanitary sewer systems.
The solids that either float on the surface of or are in
suspension in water, sewage, or other liquids and which are removable
by laboratory filtering.
Residential Property which is not connected to an Approved
Meter.
That portion of the total Wastewater Service Charge which
is levied in a proportional and adequate manner sufficient to pay
the Operation and Maintenance Expense and Cost and the Replacement
Expense and Cost of the Facilities, as shall be mandated from time
to time by the provisions of State and Federal law.
The estimated period during which the Facilities, or a particular
portion thereof, will be operated.
Each separate account to and for which a bill for Wastewater
User Charges is issued by the City.
That portion of the total Wastewater Service Charge comprised
of the charge established, accessed and billed to each User Account
by the City based on the Contributed Wastewater Volume.
Is any water-borne wastes emanating from Property together
with such groundwater, surface water, or storm water, whereby the
water has been adversely affected in quality by anthropogenic influence
and which enters into a Wastewater system, including the Facilities
of the City. It is comprised of liquid waste discharged by domestic
residences, commercial properties, and industry and can encompass
a wide range of potential contaminants and concentrations. In the
most common usage, it refers to the Wastewater that contains a broad
spectrum of contaminants resulting from the mixing of Wastewaters
from different sources.
The aggregate of the Usage Charge and the Volume Charge.
A flush toilet that disposes human liquid and solid waste
by using water to flush it through a drainpipe to another location
for disposal. The sanitary fixture is distinctly different from a
urinal. Water closets incorporate an "S," "U," "J," or "P" shaped
bend that causes the water in the toilet bowl to collect and act as
a seal against sewer gases. A flush toilet must have the drain pipe
connected to a waste conveyance and a wastewater treatment system.
A water closet may be euphemistically called a bog, a pot, a loo,
a john, a head, or simply a toilet.
[Ord. No. 580, 7-11-2017]
A.
The Usage Charge shall generate adequate annual revenues to pay the
costs of annual operation and maintenance including replacement and
cost (the "Operation and Maintenance Expense and Cost" and the "Replacement
Expense and Cost" of the "Facilities") associated with debt retirement
of bonded capital associated with financing the Facilities which the
City may by ordinance designate to be paid by the Usage Charge. Among
other things, this Chapter establishes that portion which is designated
for operation and maintenance including replacement of the Facilities.
B.
That portion of the total user charge collected which is designated
for the operation and maintenance including replacement purposes shall
be deposited in a separate non-lapsing fund known as the Operation,
Maintenance, and Replacement Fund and will be inept in two (2) primary
accounts as follows:
1.
The Operation and Maintenance Account shall be an account designated
for the specific purpose of defraying operation and maintenance costs
(excluding replacement) of the treatment works. Deposits in the Operation
and Maintenance Account shall be made monthly (at least annually)
from the operation and maintenance revenue.
2.
The Replacement Account shall be an account designated for the
purpose of ensuring replacement needs over the useful life of the
treatment works. Deposits in the Replacement Account shall be made
monthly (at least annually) from the replacement revenue.
C.
All interest accrued by the various accounts will be utilized for
the operation and maintenance of the City. Any account that pays more
interest than the City is paying in interest to the bondholders shall
be brought to the attention of the City's accounting firm. Promulgated
rules shall be maintained and observed so that adequate safeguards
are in place to meet the requirements of the Internal Revenue Service.
D.
Fiscal year-end balances in all accounts shall be carried over to
the same accounts in the subsequent fiscal year, and shall be used
for no other purposes than those designated for these accounts. Monies
which have been transferred by the Board of Aldermen from one account(s)
to another, in an effort to meet temporary shortages, will be transferred
back to the original accounts as soon as funds are available. Every
effort will be made to see that any temporary movement of funds between
accounts is accomplished within the same fiscal year.
[Ord. No. 580, 7-11-2017]
A.
Sewer User Charge Rates. 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. The costs of operation and
maintenance for all flow not directly attributable to users shall
be distributed equally among the users.
B.
Base User Charge Rates. The minimum charge per month shall be twenty-eight
dollars and forty cents ($28.40). In addition, each contributor shall
pay an additional user charge for operation and maintenance including
replacement of sixty cents ($0.60) per one thousand (1,000) gallons
of water used.
C.
User Surcharge. Any user discharging 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 Water and Wastewater
Commissioner and approved by the Board of Aldermen. Unless otherwise
determined for contributors which contribute wastewater, the strength
of which is greater than normal domestic sewage, a surcharge in addition
to the normal user charge will be collected as follows:
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$0.68 per pound BOD5
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$0.54 per pound TSS
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$0.54 per pound O&G
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D.
Sewerage Service Charge Penalties. Since high strength wastewater
can inhibit the wastewater collection and treatment processes, the
costs per pound shall increase as a penalty if the pollutant concentration
increases above a lower level limit as follows:
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Pollutant Increase
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Costs per Pound
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Net Result
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0 — 25% increase
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0% increase
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Surcharge + no penalty
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26 — 50% increase
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100% increase
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Surcharge + 100% penalty
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51 — 75% increase
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150% increase
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Surcharge + 150% penalty
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Over 75% increase
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300% increase
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Surcharge + 300% penalty
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[Ord. No. 580, 7-11-2017]
A.
All users shall be billed monthly, unless otherwise approved by the
Board of Aldermen. All bills for utility services furnished by the
City shall be due and payable prior to 5:00 P.M. on the fifth day
of the month following the billing.
B.
In the event any consumer of utility services furnished by the City
shall fail to pay his/her bill thereof when the same is due, a ten
percent (10%) penalty shall be imposed. In the event bills for utility
services shall not be paid when the same become due, the City shall
have the right to disconnect and discontinue all utility services
furnished by the City to the consumer so in arrears.
[Ord. No. 580, 7-11-2017]
A.
General Provisions. Each Contributor shall pay for any sewer services
provided by the City or for any contribution of Wastewater made to
the City's Facilities, as determined by Ordinance. The rates
established in this Section apply to all Contributors of the City's
Facilities. Rates and the resultant user fees are not appealable.
1.
To determine the Winter Average for residential users, water
meter usage information acceptable to the City for the consecutive
months of January and February, shall be obtained and considered.
The Winter Average monthly water amounts will be adjusted only once
per year.
3.
A Residential user establishing service with the City for the
first time, an existing Residential user making application for services
at a new Residential Property within the City, or a former Residential
user establishing service at a Residential Property within the City,
may be permitted to have the Winter Average determined utilizing prior
water usage or consumption information, subject to the conditions
set forth below.
a.
To be considered by the City, the prior water usage or consumption
information must be verified by the official records of the City,
a public water supply district provider, a municipality water provider,
or a private water supply provider. Such information must clearly
reveal that the prior water services were provided to the same Residential
user now making application for services with the City. The City,
in its sole discretion, shall be permitted to verify the prior water
usage information and to determine its applicability to the present
Winter Average determination. A maximum of twelve (12) months previous
prior water usage may be considered if provided.
b.
If no prior water usage information is available, or if the same is not sufficient to allow the City to determine the present Winter Average, then the initial monthly water usage information to be utilized in determining the Volume Charge for a Residential user establishing service with the City for the first time, an existing Residential user making application for services at a new Residential Property within the City, or a former Residential user establishing service at a Residential Property within the City, shall be made by applying the provisions of the first Subsection applicable of Subsection (B) of this Section.
c.
If the initial monthly water usage information is determined by applying the provisions of Subsection (A)(3)(b) of this Section, a contributor shall be permitted to request an adjustment to such determination by submitting actual water usage measurements as measured by an Approved Meter for the first three (3) full consecutive months at the Property where service has been established. The average of the three (3) months of water usage shall thereafter be utilized for the monthly water usage amount until such time that an annual Winter Average can be calculated. The adjustment will be applicable for the next full month's bill going forward. No credits, refunds, or back charges are applicable for past billings.
4.
A Commercial/Industrial user establishing service with the City
for the first time, an existing Commercial/Industrial user making
application for services at a new Property within the City, or a former
Commercial/Industrial user establishing service at a Property within
the City, may be permitted to utilize prior water usage or consumption
information, subject to the conditions set forth below.
a.
To be considered by the City, the prior water usage or consumption
information must be verified by the official records of the City,
a public water supply district provider, a municipality water provider,
or a private water supply provider. Such information must clearly
reveal that the prior water services were provided to the same Commercial/Industrial
user now making application for services with the City. The City,
in its sole discretion, shall be permitted to verify the prior water
usage information. A maximum of twelve (12) months previous prior
water usage may be considered if provided.
b.
If no prior water usage information is available, or if the same is not sufficient to allow the City to determine the Volume Charge for a Commercial/Industrial user establishing service with the City for the first time, then the first months volume water usage shall be made by applying the provisions of Subsection (B) of this Section.
B.
Fees; Determination Of Wastewater Service Charge. The applicable
Wastewater Service Charges to be charged to users shall be determined
by utilizing the following described billing methodologies.
1.
Residential Property. Any Residential Property shall be connected
to an approved Meter which shall be installed and maintained at the
user's expense. Each Residential Property shall be charged a
Base Charge and a Volume Charge as determined by the application of
the provisions set forth in Appendix A (held on file in the City offices)
and as further provided in this Section. Water usage shall be based
on monthly meter readings.
2.
Commercial/Industrial Property. Any Commercial/Industrial Property
shall be connected to an Approved Meter which shall be installed and
maintained at the user's expense. Each Commercial/Industrial
Property shall be charged a Base Charge and a Volume Charge as determined
by the application of the provisions set forth in Appendix A (held
on file in the City offices) and as further provided in this Section.
Water usage shall be based on monthly meter readings.
C.
For purposes of the preparation of the annual budget of the City,
including determining issues of replacement of capital assets, fixtures
and infrastructure, reference is made to Appendices B and C attached
hereto and incorporated herein by reference thereto and which are
held on file in the City offices.
[Ord. No. 580, 7-11-2017]
Matters and issues involving payments, invoices, payment defaults,
late fees, disconnections, and payment hardship cases, shall be determined
and administered in the manner provided in the City's then existing
and applicable ordinances or policies concerning such matters, all
of which are incorporated herein by reference thereto.
[Ord. No. 580, 7-11-2017]
A.
The City shall review the user charge system annually and revise
user charge rates as necessary to ensure that the system generates
adequate revenues to pay the costs of operation and maintenance including
replacement and that the system continues to provide for the proportional
distribution of operation and maintenance including replacement costs
among users and user classes. Changes to the rates and fund accounting
amounts established herein may be made by resolution or ordinance
and adjusted no more often that once per year.
B.
The City will notify each user at least annually in conjunction with
a regular bill of any change in the rate being charged for operation
and maintenance including replacement of the treatment works.
[Ord. No. 580, 7-11-2017]
Any charges or fees to be assessed and collected by the City,
other than those expressly provided for in this Chapter, shall be
determined and administered in the manner provided in the City's
then existing and applicable ordinances and policies concerning such
matters, all of which are incorporated herein by reference thereto.
[Ord. No. 580, 7-11-2017]
Applications for service shall be made in full compliance with
any then-existing service application policy enacted by the City,
the same being incorporated herein by reference thereto.
[Ord. No. 580, 7-11-2017]
The Board of Aldermen shall have authority to adopt such additional
regulations and interpretation hereof as necessary to implement the
purpose and effect of these Sections.
