Boonville User charge system; to provide funds for expenses associated with wastewater treatment works ordinance (§ 21-148)

(a) Findings; purpose. 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 and maintaining the public wastewater treatment works.

(b) Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows:

(1) Normal domestic wastewater shall mean wastewater that has a BOD concentration of not more than 300 mg/l and a total suspended solids concentration of not more than 300 mg/l.

(2) Operation and maintenance shall mean all expenditures during the useful life of the treatment works 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.

(3) Replacement shall mean 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 works were designed and constructed. The term "operation and maintenance" includes replacement.

(4) Residential contributor shall mean any con-

tributor to the city's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

(5) Shall is mandatory; may is permissive.

(6) TSS (denoting total suspended solids) shall

mean 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.

(7) Treatment works shall mean 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 stormwater and sanitary sewer systems.

(8) Useful life shall mean the estimated period

during which a treatment works will be operated.

(9) User charge shall mean that portion of the

total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

(10) Water meter shall mean a water volume

measuring and recording device, furnished and/or installed by the city or furnished and/or installed by a user and approved by the city.

(c) Sewerage system revenue fund.

(1) The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance including replacement and cost associated with debt retirement of bonded capital associated with financing the treatment works which the city may, by ordinance, designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this section.

(d) Basis, amount of charges. Each user shall pay for the services provided by the city based on his use of the treatment works as determined by water meter(s) acceptable to the city.

(1) For residential contributors, monthly user charges will be based on average monthly water usage during the months of October, November, December, January, February and March. If a residential contributor has not established an October, November, December, January, February and March average, his monthly user charge shall be set at 4,000 gallons per month until the next annual customer averages are implemented.

(2) For industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor 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 a wastewater meter(s) or separate water meter(s) installed and maintained at the contributor's expense and in a manner acceptable to the city. See division 3, sewer.

(3) The fixed charge per month shall be as provided in the city fee schedule per meter. In addition, each contributor shall pay a commodity charge for operations and maintenance including replacement of rate provided in the city fee schedule. The minimum charge per month shall be provided in the city fee schedule.

(4) For those contributors who contribute waste-

water, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is: Per pound BOD . . . . . . . . . . . . $0.028 Per pound SS . . . . . . . . . . . . . . 0.028 (Appendix A and B as incorporated herein in section 21-148(d)(3) shall be utilized as referenced heretofore.)

(5) Any user who discharges any toxic pollut-

ants which cause an increase in the cost of managing the effluent or the sludge from the city's treatment works, or any user who 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 user shall be as determined by the director of public works and approved by the city council.

(6) The user charge rates established in this

section apply to all users of the city's treatment works located within the corporate limits of the city.

a. All users shall be billed monthly. Billings for each month shall be made within 30 days after the end of that month. Payments are due when billings are made. Any payment not received within 30 days after the billings is made shall be delinquent.

b. A late penalty shall be provided in the city fee schedule which will be added to each delinquent bill (water, sewer, or sanitation) for each 30 days of delinquency. For purpose of this section a bill shall be delinquent if not paid within five days of the due date of the bill. When any bill is 30 days in default, rendition of water and/or sewer service, and sanitation service to such

premises shall be discontinued until such bill, including all late payment penalties, is paid in full following due notice and opportunity for hearing. For purpose of this section, a bill shall be in default if not paid within 30 days of the due date of the bill.

c. The city shall review the user charge system annually and revise user charge rates 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.

d. The rate for users of the city's treatment works who are located outside the corporate limits of the city shall be provided in the city fee schedule.

(7) Sewer service fee (see division 3, sewer).

a. Effective August 28, 2000, the city shall collect an annual fee for sewer service as set forth in RSMo 644.052, and remit such fees as set forth in RSMo 644.054.

b. The following "sewer fees" shall be collected once a year. The city shall annually charge each customer the fees assessed by the state per RSMo 644.052 and 644.054 et seq. for the purpose of complying with federal requirements for maintaining the state enforcement of the federal "Missouri Clean Water Law." The annual fees are defined in the rules of Department of Natural Resources; division 20 - Clean Water Commission; chapter 6 - Permits; title 10 CSR 20-6.011. The rates set forth shall be provided in the city fee schedule.

c. This fixed charge shall be collected one time annually in conjunction with the state mandated primacy fee and shall be remitted, less the city's five percent allowance for collection and billing expenses, to the state, annually.

d. No meter used solely for taps for fire suppression or irrigation systems shall be assessed the prescribed fee.

(e) Review of charges. The city will review the user charge system every two years 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.

(f) Notification of users. The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance, including replacement of the treatment works.