204.330. Board of trustees, duties--agreements as to manner of discharge--disputes, procedure, effect--petition for enforcement of agreement--power to contract--refusal to receive wastes--powers as to - Missouri Statutes

Board of trustees, duties--agreements as to manner ofdischarge--disputes, procedure, effect--petition for enforcementof agreement--power to contract--refusal to receivewastes--powers as to operation of facilities--proceduralremedies--false reports, penalty.

204.330. 1. It shall be the duty of the board of trusteesto make the necessary surveys, and to lay out and define thegeneral plan for the construction and acquisition of land,rights-of-way and necessary sewers and treatment facilities andof any extensions, expansions, or improvements thereof within thedistrict.

2. The board of trustees may enter into agreements witheach municipality, subdistrict, private district or anyindustrial user which discharges sewage into trunk sewers,streams or the treatment facilities of the district concerningthe locations and the manner in which sewage may be dischargedinto the district system or streams within the district andconcerning the permissible content of acid wastes, alkalinewastes, poisonous wastes, oils, grit or other wastes which mightbe hazardous or detrimental to the system. If no agreement isobtained with regard to any such matter the trustees shall referthe dispute to the clean water commission and the determinationof the commission shall be binding upon the district,municipality, subdistrict or private district. Eachmunicipality, subdistrict or private district shall control thedischarge of wastes into its collection sewers to the extentnecessary to comply with the agreement or the determination ofthe clean water commission. The board of trustees of a commonsewer district or the governing body of any municipality,subdistrict, private district or industrial user dischargingsewage into the stream or the system may petition the circuitcourt which decreed the incorporation of the district for anorder enforcing compliance with any provision of such anagreement or determination, and that circuit court shall havejurisdiction in all cases or questions arising out of theorganization or operations of the district, or from the acts ofthe board of trustees.

3. The board of trustees may contract with eachparticipating community for the payment of its proportionateshare of treatment costs.

4. The board of trustees may contract with public agencies,individuals, private corporations, and political subdivisions,inside and outside the common sewer district, to permit them toconnect with and use the district's facilities according to suchterms, conditions, and rates as the board determines are in theinterest of the district and regardless of whether such agencies,individuals, corporations, and subdivisions are in the samenatural drainage area or basins as the district.

5. The board of trustees may refuse to receive any wastesinto the sewage system which do not meet relevant state orfederal water pollution, solid waste, or pretreatment standards.

6. The board of trustees shall have all of the powersnecessary and convenient to provide for the operation,maintenance, administration, and regulation, including theadoption of rules and regulations, of any individual home sewageor business treatment systems within the jurisdiction of thesewer district.

7. The board of trustees shall have all of the powersnecessary and convenient to provide for the operation andmaintenance of its treatment facilities and the administration,regulation, and enforcement of its pretreatment program,including the adoption of rules and regulations, to carry out itspowers with respect to all municipalities, subdistricts,districts, and industrial users which discharge into thecollection system of the district's sewer system or treatmentfacilities. These powers include, but are not limited to:

(1) The promulgation of any rule, regulation or ordinance;

(2) The issuance, modification or revocation of any order;

(3) The issuance, modification or revocation of any permit;

(4) The levying of a civil administrative fine upon anyindustrial user in violation of the district's rules, regulationsand ordinances, or any permit or order issued thereunder, in anamount not to exceed one thousand dollars per violation per day;

(5) Commencing an action through counsel for appropriatelegal or equitable relief in the circuit court which decreed thedistrict's incorporation against any industrial user in violationof the district's rules, regulations and ordinances or any permitor order issued thereunder; and

(6) Petitioning the prosecutor for the county in which anycriminal violation of the district's rules, regulations,ordinances or any permit or order issued thereunder has occurredto institute criminal proceedings.

8. The board of trustees may adopt rules and regulationscreating procedural remedies for all persons affected by anyorder or permit issued, modified or revoked or any fine orpenalty levied by the board including but not limited to thegrant of reasonable time periods for such persons to respond, toshow cause, and to request reconsideration of fines or penaltieslevied.

9. Any person who knowingly makes any false statements,representations or certifications in any application, record,report, plan or other document filed or required to be maintainedpursuant to the district's rules, regulations, ordinances orwastewater permit, or who falsifies, tampers with or knowinglyrenders inaccurate any monitoring device or method required underthe district's rules, regulations or ordinances shall, uponconviction, be punishable by a fine of not more than one thousanddollars per violation per day or imprisonment for not more thanone year or both. In the event of a second conviction, theperson shall be punishable by a fine not to exceed three thousanddollars per violation per day or imprisonment for not more thanthree years or both. Any penalty imposed by this subsectionshall not preclude any appropriate civil remedy.

10. Whenever any reference is made in this section to anyaction that may be taken by the board of trustees, such referenceincludes such action by its executive officer pursuant to powersand duties delegated to such executive officer by the board oftrustees.

(L. 1967 p. 310 § 14, A.L. 1972 H.B. 1239 & 1300, A.L. 1983 H.B. 371, A.L. 1992 H.B. 948 merged with H.B. 1307)

Effective 2-18-92 (H.B. 948) 4-7-92 (H.B. 1307)