204.618. Surveys and general plan for construction, duty of the board--agreements authorized--contracts permitted--additional powers. - Missouri Statutes

Surveys and general plan for construction, duty of theboard--agreements authorized--contracts permitted--additionalpowers.

204.618. 1. It shall be the duty of the board of trustees of areorganized common sewer district to make the necessary surveys and to layout and define the general plan for the construction and acquisition ofland, rights-of-way, and necessary sewers and treatment facilities, and ofany extensions, expansions, or improvements within the district.

2. The board of trustees of a reorganized common sewer district mayenter into agreements with each municipality, subdistrict, privatedistrict, sewer corporation, or any industrial user that discharges sewageinto trunk sewers, streams, or the treatment facilities of the reorganizedcommon sewer district concerning the locations and the manner in whichsewage may be discharged into the district system or streams within thedistrict and concerning the permissible content of acid wastes, alkalinewastes, poisonous wastes, oils, grit, or other wastes that might behazardous or detrimental to the system. If no agreement is obtained withregard to any such matter, the trustees shall refer the dispute to theclean water commission. The determination of the commission shall bebinding upon the district, municipality, subdistrict, sewer corporation, orprivate district. Each municipality, subdistrict, sewer corporation, orprivate district shall control the discharge of wastes into its collectionsewers to the extent necessary to comply with the agreement or thedetermination of the clean water commission. The board of trustees of areorganized common sewer district or the governing body of anymunicipality, subdistrict, private district, sewer corporation, orindustrial user discharging sewage into the stream or the system maypetition the circuit court that decreed the incorporation of the districtfor an order enforcing compliance with any provision of such an agreementor determination. That circuit court shall have jurisdiction in all casesor questions arising out of the organization or operations of the district,or from the acts of the board of trustees.

3. The board of trustees may contract with each participatingcommunity for the payment of its proportionate share of treatment costs.

4. The board of trustees may contract with public agencies,individuals, private corporations, sewer corporation, and politicalsubdivisions inside and outside the reorganized common sewer district topermit them to connect with and use the district's facilities according tosuch terms, conditions, and rates as the board determines are in theinterest of the district and regardless of whether such agencies,individuals, corporations, sewer corporations, and subdivisions are in thesame natural drainage area or basins as the district. However, if such anarea is located within the boundaries of an existing common sewer districtor reorganized common sewer district organized and existing under thischapter, a sewer district organized and existing under chapter 249, RSMo, apublic water supply district organized under chapter 247, RSMo, or a sewercorporation, the board of trustees must give written notice to saiddistrict or sewer corporation before such a contract is entered into, andthe district or sewer corporation must consent to said contract.

5. The board of trustees may refuse to receive any wastes into thesewage system that do not meet relevant state or federal water pollution,solid waste, or pretreatment standards.

6. The board of trustees shall have all of the powers necessary andconvenient to provide for the operation, maintenance, administration, andregulation, including the adoption of rules and regulations, of anyindividual home sewage or business treatment systems within thejurisdiction of the common sewer district.

7. The board of trustees shall have all of the powers necessary andconvenient to provide for the operation and maintenance of its treatmentfacilities and the administration, regulation, and enforcement of itspretreatment program, including the adoption of rules and regulations tocarry out its powers with respect to all municipalities, subdistricts,districts, sewer corporations, and industrial users that discharge into thecollection system of the district's sewer system or treatment facilities.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) Commencing an action through counsel for appropriate legal orequitable relief in the circuit court that decreed the district'sincorporation against any industrial user in violation of the district'srules, regulations, and ordinances or any permit or order issued.

8. The board of trustees may adopt rules and regulations creatingprocedural remedies for all persons affected by any order or permit issued,modified, or revoked by the board including but not limited to the grant ofreasonable time periods for such persons to respond and to show cause.

9. Whenever any reference is made in this section to any action thatmay be taken by the board of trustees, such reference includes such actionby its executive officer under powers and duties delegated to suchexecutive officer by the board of trustees.

(L. 2007 S.B. 22)