Agreements as to location and manner of discharge--refusal to receivewaste--operation and maintenance of facilities, powers--proceduralremedies--false statements, penalty.
249.822. 1. The municipality may enter into agreementswith other municipalities, subdistricts, private districts or anyindustrial users which discharge wastewaters into sewers, streamsor the treatment facilities of the municipality concerning thelocations and the manner in which wastewaters may be dischargedinto the municipal sewer systems or streams within themunicipality, and concerning the permissible content of acidwastes, alkaline wastes, poisonous wastes, oils, grit or otherwastes which might be hazardous or detrimental to such systems.Any municipality, subdistrict, private district or industrialuser discharging sewage into the stream or the systems maypetition the circuit court for an order enforcing compliance withany provision of such an agreement or determination, and thatcircuit court shall have jurisdiction in all cases or questionsarising out of the organization or operations of themunicipality, or from the acts of the municipal officials.
2. The municipality may contract with other participatingcommunities for the payment of its proportionate share oftreatment costs.
3. The municipality may refuse to receive any waste intothe sewer system which does not meet relevant state, federal, orlocal water pollution, solid waste, or pretreatment standards.
4. The municipality may provide for the operation andmaintenance of its treatment facilities and the administration,regulation, and enforcement of its pretreatment and waterpollution programs, including the adoption of ordinances, tocarry out its powers with respect to all industrial users,subdistricts, districts, and municipalities which discharge intothe collection system of the municipality's sewer systems ortreatment facilities. These powers include, but are not limitedto:
(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 anyindustrial user in violation of the municipality's ordinances, orany permit or order issued thereunder, in an amount not to exceedone thousand dollars per violation per day;
(5) Commencing an action through counsel for appropriatelegal or equitable relief in a circuit court against anyindustrial user in violation of the municipality's rules,regulations and ordinances or any permit or order issuedthereunder; and
(6) Petitioning the prosecutor for the county in which anycriminal violation of the municipality's ordinances or any permitor order issued thereunder has occurred to institute criminalproceedings.
5. The municipality may adopt ordinances creatingprocedural remedies for all persons affected by any order orpermit issued, modified or revoked or any fine or penalty leviedby the municipality including, but not limited to, the grant ofreasonable time periods for such persons to respond, to showcause, and to request reconsideration of fines or penaltieslevied.
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 maintainedpursuant to the municipality's rules, regulations, ordinances orwastewater permit, or who falsifies, tampers with or knowinglyrenders inaccurate any monitoring device or method required underthe municipality'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 or subsequentconviction, the person shall be punishable by a fine not toexceed three thousand dollars per violation per day orimprisonment for not more than three years or both. Any penaltyimposed by this subsection shall be in addition to allappropriate civil remedies, including administrative fines.
7. Whenever any reference is made in this section to anyaction that may be taken by the municipality, such referenceincludes such action by its named executive officer or designeepursuant to powers and duties delegated to such executive officerby the municipality.
Agreements as to location and manner of discharge--refusal to receivewaste--operation and maintenance of facilities, powers--proceduralremedies--false statements, penalty.
249.822. 1. The municipality may enter into agreementswith other municipalities, subdistricts, private districts or anyindustrial users which discharge wastewaters into sewers, streamsor the treatment facilities of the municipality concerning thelocations and the manner in which wastewaters may be dischargedinto the municipal sewer systems or streams within themunicipality, and concerning the permissible content of acidwastes, alkaline wastes, poisonous wastes, oils, grit or otherwastes which might be hazardous or detrimental to such systems.Any municipality, subdistrict, private district or industrialuser discharging sewage into the stream or the systems maypetition the circuit court for an order enforcing compliance withany provision of such an agreement or determination, and thatcircuit court shall have jurisdiction in all cases or questionsarising out of the organization or operations of themunicipality, or from the acts of the municipal officials.
2. The municipality may contract with other participatingcommunities for the payment of its proportionate share oftreatment costs.
3. The municipality may refuse to receive any waste intothe sewer system which does not meet relevant state, federal, orlocal water pollution, solid waste, or pretreatment standards.
4. The municipality may provide for the operation andmaintenance of its treatment facilities and the administration,regulation, and enforcement of its pretreatment and waterpollution programs, including the adoption of ordinances, tocarry out its powers with respect to all industrial users,subdistricts, districts, and municipalities which discharge intothe collection system of the municipality's sewer systems ortreatment facilities. These powers include, but are not limitedto:
(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 anyindustrial user in violation of the municipality's ordinances, orany permit or order issued thereunder, in an amount not to exceedone thousand dollars per violation per day;
(5) Commencing an action through counsel for appropriatelegal or equitable relief in a circuit court against anyindustrial user in violation of the municipality's rules,regulations and ordinances or any permit or order issuedthereunder; and
(6) Petitioning the prosecutor for the county in which anycriminal violation of the municipality's ordinances or any permitor order issued thereunder has occurred to institute criminalproceedings.
5. The municipality may adopt ordinances creatingprocedural remedies for all persons affected by any order orpermit issued, modified or revoked or any fine or penalty leviedby the municipality including, but not limited to, the grant ofreasonable time periods for such persons to respond, to showcause, and to request reconsideration of fines or penaltieslevied.
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 maintainedpursuant to the municipality's rules, regulations, ordinances orwastewater permit, or who falsifies, tampers with or knowinglyrenders inaccurate any monitoring device or method required underthe municipality'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 or subsequentconviction, the person shall be punishable by a fine not toexceed three thousand dollars per violation per day orimprisonment for not more than three years or both. Any penaltyimposed by this subsection shall be in addition to allappropriate civil remedies, including administrative fines.
7. Whenever any reference is made in this section to anyaction that may be taken by the municipality, such referenceincludes such action by its named executive officer or designeepursuant to powers and duties delegated to such executive officerby the municipality.
Agreements as to location and manner of discharge--refusal to receivewaste--operation and maintenance of facilities, powers--proceduralremedies--false statements, penalty.
249.822. 1. The municipality may enter into agreementswith other municipalities, subdistricts, private districts or anyindustrial users which discharge wastewaters into sewers, streamsor the treatment facilities of the municipality concerning thelocations and the manner in which wastewaters may be dischargedinto the municipal sewer systems or streams within themunicipality, and concerning the permissible content of acidwastes, alkaline wastes, poisonous wastes, oils, grit or otherwastes which might be hazardous or detrimental to such systems.Any municipality, subdistrict, private district or industrialuser discharging sewage into the stream or the systems maypetition the circuit court for an order enforcing compliance withany provision of such an agreement or determination, and thatcircuit court shall have jurisdiction in all cases or questionsarising out of the organization or operations of themunicipality, or from the acts of the municipal officials.
2. The municipality may contract with other participatingcommunities for the payment of its proportionate share oftreatment costs.
3. The municipality may refuse to receive any waste intothe sewer system which does not meet relevant state, federal, orlocal water pollution, solid waste, or pretreatment standards.
4. The municipality may provide for the operation andmaintenance of its treatment facilities and the administration,regulation, and enforcement of its pretreatment and waterpollution programs, including the adoption of ordinances, tocarry out its powers with respect to all industrial users,subdistricts, districts, and municipalities which discharge intothe collection system of the municipality's sewer systems ortreatment facilities. These powers include, but are not limitedto:
(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 anyindustrial user in violation of the municipality's ordinances, orany permit or order issued thereunder, in an amount not to exceedone thousand dollars per violation per day;
(5) Commencing an action through counsel for appropriatelegal or equitable relief in a circuit court against anyindustrial user in violation of the municipality's rules,regulations and ordinances or any permit or order issuedthereunder; and
(6) Petitioning the prosecutor for the county in which anycriminal violation of the municipality's ordinances or any permitor order issued thereunder has occurred to institute criminalproceedings.
5. The municipality may adopt ordinances creatingprocedural remedies for all persons affected by any order orpermit issued, modified or revoked or any fine or penalty leviedby the municipality including, but not limited to, the grant ofreasonable time periods for such persons to respond, to showcause, and to request reconsideration of fines or penaltieslevied.
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 maintainedpursuant to the municipality's rules, regulations, ordinances orwastewater permit, or who falsifies, tampers with or knowinglyrenders inaccurate any monitoring device or method required underthe municipality'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 or subsequentconviction, the person shall be punishable by a fine not toexceed three thousand dollars per violation per day orimprisonment for not more than three years or both. Any penaltyimposed by this subsection shall be in addition to allappropriate civil remedies, including administrative fines.
7. Whenever any reference is made in this section to anyaction that may be taken by the municipality, such referenceincludes such action by its named executive officer or designeepursuant to powers and duties delegated to such executive officerby the municipality.
