204.616. Powers of the board--industrial user defined.

Powers of the board--industrial user defined.

204.616. 1. The board of trustees of any reorganized common sewerdistrict shall have power to pass all necessary rules and regulations forthe proper management and conduct of the business of the board of trusteesand the district, and for carrying into effect the objectives for which thereorganized common sewer district is formed.

2. The board of trustees of a reorganized common sewer district,subject to compliance with the exercise of lawful authority granted to orrules adopted by the clean water commission under section 644.026, RSMo,may exercise primary authority to adopt, modify, and repeal, and toadminister and enforce rules and regulations with respect to:

(1) The establishment, construction, reconstruction, improvement,repair, operation, and maintenance of its sewer systems and treatmentfacilities;

(2) Industrial users discharging into its sewer systems or treatmentfacilities;

(3) The establishment, operation, administration, and enforcement ofa publicly owned treatment works pretreatment program consistent with stateand federal pretreatment standards, including inspection, monitoring,sampling, permitting, and reporting programs and activities.

The board of trustees may, in addition to any pretreatment standardsimposed under this section, require of any user of its treatment facilitiessuch other pretreatment of industrial wastes as it deems necessary toadequately treat such wastes.

3. The rules and regulations adopted by the board of trustees undersubsection 2 of this section shall be applicable and enforceable by civil,administrative, or other actions within any territory served by its sewersystems or treatment facilities and against any municipality, subdistrict,district, or industrial user who shall directly or indirectly dischargesewage or permit discharge of sewage into the district's sewer system ortreatment facilities.

4. The authority granted to the board by this section is in additionto and not in derogation of any other authority granted under theconstitution and laws of Missouri, any federal water pollution control act,or the rules of any agency of federal or state government.

5. The term "industrial user", as used in this section, shall meanany nondomestic source of discharge or indirect discharge into thedistrict's wastewater system that is regulated under Section 307(b), (c),or (d) of the Clean Water Act, or any source listed in division A, B, D, E,or I of the Standard Industrial Classification Manual, or any solid wastedisposal operation such as, but not limited to, landfills, recyclingfacilities, solid or hazardous waste handling or disposal facilities, andfacilities that store or treat aqueous wastes as generated by facilitiesnot located on site and that dispose of these wastes by discharging theminto the district's wastewater system.

(L. 2007 S.B. 22)