City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents

Section 720.010 In General.

[R.O. 2012 §720.010; Ord. No. 85-6-2 Art. I, 6-3-1985]
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.

Section 720.020 Definitions.

[R.O. 2012 §720.020; Ord. No. 85-6-2 Art. II §§1 — 11, 6-3-1985]
Unless the context specifically indicates otherwise the meaning of terms used in this Chapter shall be as follows:
BOD (denoting Biochemical Oxygen Demand)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) C, expressed in milligrams per liter (mg/l).
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than two hundred forty (240) mg/l and a suspended solids concentration of not more than three hundred (300) mg/l.
OPERATION AND MAINTENANCE
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 works were designed and constructed.
REPLACEMENT
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.
RESIDENTIAL CONTRIBUTOR
Any contributor to the City's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
SHALL
Is mandatory; MAY — Is permissive.
SS (denoting suspended solids)
Solids that either float on the surface of or are in suspension in water in water, sewage, or other liquids and which are removable by laboratory filtering.
TREATMENT WORKS
Any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers; sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions improvement, 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 the 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 system 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 combined storm water and sanitary sewer systems.
USEFUL LIFE
The estimated period during which a treatment works will be operated.
USER CHARGE
The 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.
WATER METER
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.

Section 720.030 Revenues.

[R.O. 2012 §720.030; Ord. No. 85-6-2 Art. III §§1 — 3, 6-3-1985; Ord. No. 87-8-3 Art. III, 8-3-1987]
A. 
The user charge system shall generate adequate annual revenue to pay costs of annual operation and maintenance including replacement and costs 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 Chapter.
B. 
That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Section 720.040, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance, and Replacement Fund and will be kept in two (2) primary accounts as follows:
1. 
An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).
2. 
An account designated for the specific purpose of ensuring the replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the Replacement Account shall be made from the operation, maintenance and replacement revenue in the amount of eight thousand three hundred dollars ($8,300.00) annually.
3. 
Calculations for the above Replacement Account requirements may be found in Appendix B which is on file in the office of the City Clerk.
C. 
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account 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 ben transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

Section 720.040 User Rates.

[R.O. 2012 §720.040; Ord. No. 85-6-2 Art. IV §§1 — 3, Art. V §§1 — 2, 6-3-1985; Ord. No. 87-8-3 Art IV, 8-3-1987; Ord. No. 91-9-11 §A, 9-16-1991; Ord. No. 95-10-7 §2, 10-2-1995; Ord. No. 96-10-1 §V, 10-3-1996; Ord. No. 97-7-4 §720.040, 7-7-1997; Ord. No. 14-07-05 §44, 7-21-2014]
A. 
Calculations for user rates may be found in the Schedule of Fees, Title I, Appendix A.
B. 
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 work, shall pay for such increased costs. The charge to each such user will be as determined by the responsible plant operating personnel and approved by the City Council.
C. 
The user charge rates established in this Chapter apply to all users, regardless of their location, of the City's treatment works.
D. 
All users shall be billed monthly. Billings for any particular month shall be made within thirty (30) days after the end of that month. Payments are due when the billings are made. Any payment not received within thirty (30) days after the billing is made shall be delinquent.
E. 
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 discontinued until such bill is paid following due notice and opportunity for hearing.

Section 720.050 Review of Rates.

[R.O. 2012 §720.050; Ord. No. 85-6-2 Art. VI §§ 1 — 2, 6-3-1985; Ord. No. 92-5-6 §§I — II, 5-11-1992]
A. 
The City will review the user charge system at least 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.
B. 
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works. All parties understand that the user charge system takes precedence over any terms or conditions of agreements or contracts between loan recipient and users (including industrial users, special districts, other municipalities, or Federal agencies or installation) which are inconsistent with the requirements of the act and the corresponding regulations.

Section 720.060 Sewer Connection Fee.

[R.O. 2012 §720.060; Ord. No. 91-7-2 §1, 7-15-1991; Ord. No. 97-7-4 §720.060, 7-7-1997; Ord. No. 14-07-05 §45, 7-21-2014]
On all new construction, there shall be a sewer connection fee charged with the issuance of each building permit based on the water meter line size. The fee shall be according to the Schedule of Fees, Title I, Appendix A.