Missouri Revised Statutes













Chapter 204

Common Sewer Districts in Certain Areas

←204.322

Section 204.330.1

204.331→

August 28, 2015

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 operation of facilities--procedural remedies--false reports, penalty.

204.330. 1. It shall be the duty of the board of trustees to make the

necessary surveys, and to lay out and define the general plan for the

construction and acquisition of land, rights-of-way and necessary sewers and

treatment facilities and of any extensions, expansions, or improvements

thereof within the district.



2. The board of trustees may enter into agreements with each

municipality, subdistrict, private district or any industrial user which

discharges sewage into trunk sewers, streams or the treatment facilities of

the district concerning the locations and the manner in which sewage may be

discharged into the district system or streams within the district and

concerning the permissible content of acid wastes, alkaline wastes, poisonous

wastes, oils, grit or other wastes which might be hazardous or detrimental to

the system. If no agreement is obtained with regard to any such matter the

trustees shall refer the dispute to the clean water commission and the

determination of the commission shall be binding upon the district,

municipality, subdistrict or private district. Each municipality,

subdistrict or private district shall control the discharge of wastes into

its collection sewers to the extent necessary to comply with the agreement or

the determination of the clean water commission. The board of trustees of a

common sewer district or the governing body of any municipality, subdistrict,

private district or industrial user discharging sewage into the stream or the

system may petition the circuit court which decreed the incorporation of the

district for an order enforcing compliance with any provision of such an

agreement or determination, and that circuit court shall have jurisdiction in

all cases or 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 participating community

for the payment of its proportionate share 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 to connect with and use the district's

facilities according to such terms, conditions, and rates as the board

determines are in the interest of the district and regardless of whether such

agencies, individuals, corporations, and subdivisions are in the same natural

drainage area or basins as the district.



5. The board of trustees may refuse to receive any wastes into the

sewage system which 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 and

convenient to provide for the operation, maintenance, administration, and

regulation, including the adoption of rules and regulations, of any

individual home sewage or business treatment systems within the jurisdiction

of the sewer district.



7. The board of trustees shall have all of the powers necessary and

convenient to provide for the operation and maintenance of its treatment

facilities and the administration, regulation, and enforcement of its

pretreatment program, including the adoption of rules and regulations, to

carry out its powers with respect to all municipalities, subdistricts,

districts, and industrial users which discharge into the collection 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) The levying of a civil administrative fine upon any industrial user

in violation of the district's rules, regulations and ordinances, or any

permit or order issued thereunder, in an amount not to exceed one thousand

dollars per violation per day;



(5) Commencing an action through counsel for appropriate legal or

equitable relief in the circuit court which decreed the district's

incorporation against any industrial user in violation of the district's

rules, regulations and ordinances or any permit or order issued thereunder;

and



(6) Petitioning the prosecutor for the county in which any criminal

violation of the district's rules, regulations, ordinances or any permit or

order issued thereunder has occurred to institute criminal proceedings.



8. The board of trustees may adopt rules and regulations creating

procedural remedies for all persons affected by any order or permit issued,

modified or revoked or any fine or penalty levied by the board including but

not limited to the grant of reasonable time periods for such persons to

respond, to show cause, and to request reconsideration of fines or penalties

levied.



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 maintained pursuant to the district's rules,

regulations, ordinances or wastewater permit, or who falsifies, tampers with

or knowingly renders inaccurate any monitoring device or method required under

the district's rules, regulations or ordinances shall, upon conviction, be

punishable by a fine of not more than one thousand dollars per violation per

day or imprisonment for not more than one year or both. In the event of a

second conviction, the person shall be punishable by a fine not to exceed

three thousand dollars per violation per day or imprisonment for not more

than three years or both. Any penalty imposed by this subsection shall not

preclude any appropriate civil remedy.



10. Whenever any reference is made in this section to any action that may

be taken by the board of trustees, such reference includes such action by its

executive officer pursuant to powers and duties delegated to such executive

officer by the board of trustees.



(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)







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