Section 249.822

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

Chapter 249

Effective - 07 Apr 1992, see footnote   

  249.822.  Agreements as to location and manner of discharge — refusal to receive waste — operation and maintenance of facilities, powers — procedural remedies — false statements, penalty. — 1.  The municipality may enter into agreements with other municipalities, subdistricts, private districts or any industrial users which discharge wastewaters into sewers, streams or the treatment facilities of the municipality concerning the locations and the manner in which wastewaters may be discharged into the municipal sewer systems or streams within the municipality, and concerning the permissible content of acid wastes, alkaline wastes, poisonous wastes, oils, grit or other wastes which might be hazardous or detrimental to such systems.  Any municipality, subdistrict, private district or industrial user discharging sewage into the stream or the systems may petition the circuit court 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 municipality, or from the acts of the municipal officials.

  2.  The municipality may contract with other participating communities for the payment of its proportionate share of treatment costs.

  3.  The municipality may refuse to receive any waste into the sewer system which does not meet relevant state, federal, or local water pollution, solid waste, or pretreatment standards.

  4.  The municipality may provide for the operation and maintenance of its treatment facilities and the administration, regulation, and enforcement of its pretreatment and water pollution programs, including the adoption of ordinances, to carry out its powers with respect to all industrial users, subdistricts, districts, and municipalities which discharge into the collection system of the municipality's sewer systems or treatment facilities.  These powers include, but are not limited to:

  (1)  The promulgation of any ordinance;

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

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

  (4)  The levying of all administrative fines upon any industrial user in violation of the municipality's 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 a circuit court against any industrial user in violation of the municipality'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 municipality's ordinances or any permit or order issued thereunder has occurred to institute criminal proceedings.

  5.  The municipality may adopt ordinances creating procedural remedies for all persons affected by any order or permit issued, modified or revoked or any fine or penalty levied by the municipality 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.

  6.  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 municipality's rules, regulations, ordinances or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under the municipality'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 or subsequent 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 be in addition to all appropriate civil remedies, including administrative fines.

  7.  Whenever any reference is made in this section to any action that may be taken by the municipality, such reference includes such action by its named executive officer or designee pursuant to powers and duties delegated to such executive officer by the municipality.

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(L. 1992 H.B. 1307 § 2)

Effective 4-7-92