City of Duquesne, MO
Jasper County
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Table of Contents
Table of Contents
[Ord. No. 121 § 1, 3-9-2009]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City of Duquesne to collect charges from all users who contribute wastewater to the City of Duquesne'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.
[Ord. No. 121 § 1, 3-9-2009; Ord. No. 142 § 1, 12-18-2009]
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 Celsius (20° C.), expressed in milligrams per liter (mg/l).
EXISTING CUSTOMERS ON SEWER
Those customers whose sewer service was installed prior to the installation of the Citywide collection system and whose sewer service did not require use of the bonded indebtedness used to finance the Citywide collection system.
IN-TOWN USER
Any contributor to the City's collection system whose source of wastewater is located within the corporate limits of the City of Duquesne.
NEW CITYWIDE COLLECTION CUSTOMERS
Any collection customer who was not connected to a sewer collection system prior to the installation of the Citywide collection system.
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than two hundred fifty milligrams per liter (250 mg/l) and a suspended solids concentration of not more than three hundred (300) mg/l. (Additional pollutants and concentrations may be added later.)
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 such works were designed and constructed.
OUT-OF-TOWN USER
Any contributor to the City's collection system whose source of wastewater is located outside the corporate limits of the City of Duquesne.
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 of Duquesne'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)
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.
TREATMENT WORKS
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 (including land for composting sludge, temporary storage of such compost, and land used for 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 combined storm water and sanitary sewer systems.
USEFUL LIFE
The estimated period during which the treatment works will be operated.
USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, debt retirement, maintenance, and replacement of the wastewater treatment works.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City of Duquesne or Missouri American Water Company or furnished and/or installed by a user and approved by the City of Duquesne.
[Ord. No. 121 § 1, 3-9-2009]
A. 
The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance, including replacement, applicable costs to the City of Joplin for handling and treatment of the wastewater, and cost associated with debt retirement of bonded capital associated with financing the treatment works which the City of Duquesne 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 the operation and maintenance, including replacement purposes as established in Section 705.040, 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. 
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 from the operation and maintenance revenue in the amount of twenty-six thousand seven hundred forty dollars ($26,740.00) annually.
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 annually from the replacement revenue in the amount of thirteen thousand one hundred thirty dollars ($3,130.00) annually. (See Appendix B[1] for calculation).
[1]
Editor's Note: Said appendix is on file in the City offices.
C. 
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in each subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been 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.
[Ord. No. 121 § 1, 3-9-2009; Ord. No. 142 § 2, 12-18-2009]
A. 
Each user shall pay for the services provided by the City of Duquesne based on their use of the treatment works as determined by water meter(s) acceptable to the City of Duquesne.
B. 
Basis For Monthly User Charges.
1. 
For residential contributors, monthly user charges will be based on average monthly water usage during the months of December, January and February. (Water usage for these months includes little use for such activities as lawn watering, car washing, and other seasonal consumptive uses. This average should not be used in areas that experience large seasonal fluctuations in population and/or usage.) If a residential contributor has not established a December, January and February average, their monthly bill shall be the median charge of all other residential contributors.
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 wastewater meter(s) or separate water meter(s) installed and maintained at the contributor's expense, and in a manner acceptable to the City of Duquesne.
C. 
Charges For Sewer Service.
[Ord. No. 163 § 1, 1-10-2011; Ord. No. 185 § 1, 11-14-2011; Ord. No. 208 § 1, 12-10-2012; Ord. No. 229 § 1, 1-13-2014]
1. 
(Reference is made to Appendix A which is on file in the City offices.) The minimum charge per month for new Citywide collection customers who are in-town users shall be thirty-eight dollars and eighty-nine cents ($38.89). This minimum charge shall be separated such that thirteen dollars and forty-one cents ($13.41) shall be allocated to the City of Duquesne and twenty-five dollars and forty-eight cents ($25.48) shall be allocated to the City of Joplin. The minimum charge per month for new Citywide collection customers who are out-of-town users shall be forty-three dollars and eighty-nine cents ($43.89). This minimum charge for out-of-town users shall be separated such that eighteen dollars and forty-one cents ($18.41) shall be allocated to the City of Duquesne and twenty-five dollars and forty-eight cents ($25.48) shall be allocated to the City of Joplin. In addition, each new Citywide collection customer, whether an in-town or out-of-town user, shall pay a user charge for 1/3 of the system's debt service, and for operation and maintenance, including replacement, in the amount of two dollars and eighty-eight cents ($2.88) per one thousand (1,000) gallons of water (or wastewater) as determined in the preceding Section. This per one thousand (1,000) gallons usage fee shall be separated such that one dollar and twenty cents ($1.20) per one thousand (1,000) gallons shall be allocated to the City of Duquesne and one dollar and sixty-eight cents ($1.68) per one thousand (1,000) gallons shall be allocated to the City of Joplin.
2. 
The minimum charge per month for existing customers on sewer who are in-town users shall be twenty-six dollars and forty-seven cents ($26.47). This minimum charge shall be separated such that ninety nine cents ($0.99) shall be allocated to the City of Duquesne and twenty-five dollars and forty-eight cents ($25.48) shall be allocated to the City of Joplin. The minimum charge per month for existing customers on sewer who are out-of-town users shall be thirty-one dollars and forty-seven cents ($31.47). This minimum charge for out-of-town users shall be separated such that five dollars and ninety-nine cents ($5.99) shall be allocated to the City of Duquesne and twenty-five dollars and forty eight cents ($25.48) shall be allocated to the City of Joplin. In addition, each existing customer on sewer, whether an in-town or out-of-town user, shall pay a user charge for operation and maintenance, including replacement, in the amount of one dollar and ninety cents ($1.90) per one thousand (1,000) gallons of water (or wastewater) as determined in the preceding Section. This per one thousand (1,000) gallons usage fee shall be separated such that twenty-two cents ($0.22) per one thousand (1,000) gallons shall be allocated to the City of Duquesne and one dollar and sixty-eight cents ($1.68) per one thousand (1,000) gallons shall be allocated to the City of Joplin.
3. 
The user charge rates outlined within this Section are based upon the use of a 3/4-inch water meter. User charges for the City of Duquesne remain the same regardless of water meter size. User charges for the City of Joplin may differ from the rates presented above if a meter larger than three-fourths (3/4) inch is used with the respective user charge rates for the City of Joplin modified accordingly as set forth in City of Joplin ordinances for the water meter size being utilized. If user charges for the City of Joplin are modified in such fashion, the total charges to such user under this Section of the Code is hereby also modified to include such additional charges and such additional charges shall be remitted to the City of Joplin.
D. 
(Reference is made to Appendix A which is on file in the City offices.) For those 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. The surcharge for operation and maintenance, including replacement is:
[Ord. No. 163 § 1, 1-10-2011; Ord. No. 185 § 1, 11-14-2011]
New Citywide Collection Customers.
$0.8226 per pound of BOD
($0.1726 per pound Duquesne,
$0.6500 per pound Joplin)
$0.5138 per pound of SS
($0.1438 per pound Duquesne,
$0.3700 per pound Joplin)
Existing Customers On Sewer
$0.6807 per pound of BOD
($0.0307 per pound Duquesne,
$0.6500 per pound Joplin)
$0.3956 per pound of SS
($0.0256 per pound Duquesne,
$0.3700 per pound Joplin)
E. 
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 user shall be as determined by the responsible plant operating personnel and approved by the City Board of Aldermen.
F. 
The user charge rates established in this Section apply to all users of the City's treatment works, regardless of the user's location.
[Ord. No. 121 § 1, 3-9-2009; Ord. No. 290 § 1, 7-11-2016]
A. 
All sewer service charges shall be paid to the City, or its authorized agent, at the location or locations designated by the City. Sewer service charges shall be paid within fifteen (15) days of the date of their billing.
B. 
Every sewer service charge specified in this Section remaining unpaid for thirty (30) days after the date of its billing may be increased by ten percent (10%) for the current month outstanding balance.
C. 
Sewer services shall be deemed to be furnished to both the occupant and owner of all residential properties receiving sewer service, and the occupant and owner of such properties shall be severally and jointly liable to the City for payment of the charges for such service rendered on or to premises upon thirty (30) days from the date of such bill, the City may sue the occupant, the owner, or both, of the properties receiving such service, or for which such service has been made available, and receive any sums due for such services plus reasonable attorney's fees to be fixed by the court and the costs of such suit. In addition, the City may use other such means now or hereafter available to it under the statutes of Missouri and the ordinances of the City to effect the collection of any bill for sewer service remaining unpaid upon the expiration of thirty (30) days from the date of such bill.
D. 
Payment May Be Made Under Protest.
1. 
In the event either the occupant or owner of property which receives sewer service furnished by the City has reason to dispute the amount or nature of any bill, the recipient shall be permitted to make payment under protest, provided that the recipient of service provides to the City at the time of payment the following information:
a. 
The period of time for which the service is disputed.
b. 
The reason for the dispute.
c. 
The requested remedy.
2. 
Nothing contained herein shall in any way forgive or avoid any payment to the City as outlined in this Chapter for sewer services. Upon receipt of any such payment under protest, the City shall respond in writing to the recipient of the service with a response to their complaint and a copy shall be forwarded to the Board of Aldermen and a reply shall be forthcoming within a reasonable period of time.
E. 
In addition to any fees or charges established pursuant to this Chapter, there shall be a fee for the termination of water service due to a delinquent sewer bill that remains unpaid or in arrears for at least thirty (30) days. The fee shall be established by the water company for:
1. 
Standard termination or restoration per metered connection, including unsuccessful attempts; and
2. 
After-hours restoration per metered connection, including unsuccessful attempts.
F. 
When the occupant of rental property is delinquent in payment of sewer fees, the City shall make a good faith effort to notify the owner of the premises receiving such service of the delinquency and the amount thereof. Notwithstanding any other provision of this Section to the contrary, when an occupant of rental property is delinquent more than ninety (90) days, the owner shall not be liable for sums due for more than ninety (90) days of service. The City shall make a good faith effort to notify both the occupant and owner of the premises of any termination of service.
[Ord. No. 121 § 1, 3-9-2009]
A. 
The City of Duquesne 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 debt service, to pay costs of operation and maintenance, including replacement, to pay the City of Joplin the required wastewater fees set forth for each customer in accordance with the intermunicipal agreement between the City of Duquesne and the City of Joplin, and such 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 of Duquesne 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.