Effective 28 Aug 1985

249.777. Rights and powers of district — board of supervisors to manage — treatment system violation, period to comply — failure to comply, penalty. — 1. A sewer district organized under the provisions of sections 249.763 to 249.810 is a political subdivision of the state and as such has the same rights and privileges and is subject to the same legal restrictions as are other similar political subdivisions.

2. The board shall have the general power to manage the affairs of the district and all powers vested in the district shall be exercised by its board of supervisors except insofar as approval of any action by popular vote may be expressly required by law.

3. Every district shall have the powers and purposes prescribed by this section and such others as may now or hereafter be prescribed by law. No express grant of power or enumeration of powers herein shall be deemed to limit the generality or scope of any grant of power.

4. A district may sue and be sued and may enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes.

5. A district may acquire by purchase, gift or condemnation or may lease or rent any real or personal property. All the powers may be exercised both within or without the district as may be necessary for the exercise of its powers or the accomplishment of its purposes. A district may hold property for such purposes, and may lease or rent out or sell or otherwise dispose of any property so far as not needed for such purposes.

6. The district has the right to lay its lines in public highways, roads, streets and alleys within the district and to repair and maintain them but it must be done under reasonable rules and regulations of the governmental bodies having jurisdiction over these public places. In the construction of ditches, laying of lines, filling of ditches after lines are laid, connection of pipes and repairing of lines, due regard must be taken of the public in its use of thoroughfares and the equal rights of other utilities.

7. Proceedings for the condemnation of property shall be the same as proceedings provided for the condemnation of property by second class counties except that the proceedings shall be instituted and carried through by the board of supervisors. The board of supervisors shall also have the same authority to enter upon private lands to survey land or other property before exercise of the above condemnation powers as is granted under section 388.210 to railroad corporations.

8. The board of supervisors may accept and utilize donations, gifts or contributions from the owners of property within the district or from others, and if funds acquired in this manner are adequate for the construction and maintenance of the sewer system, no bonds shall be issued.

9. Each district created or reorganized under sections 249.763 to 249.810 shall have all of the powers necessary and convenient so that it may furnish sewage disposal outlets and, in conjunction therewith, to provide for the construction, acquisition, betterment, operation, maintenance and administration of any disposal systems, individual home or business sewage treatment systems, sewage treatment plants, interceptors, mains, laterals, drains and all other appurtenances incidental thereto as the board shall determine to be necessary and expedient.

10. A district may, upon such terms as may be agreed upon with the respective governing bodies or authorities concerned, provide for connecting with or using or may lease or acquire and take over any system, works or facilities for the purposes herein provided belonging to any other governmental subdivision or other public agency.

11. A district may, upon such terms as may be agreed upon with the respective governing bodies or authorities concerned, authorize the use by any other governmental subdivision or other public agency of any system, works or facilities of the district constructed for any purpose herein provided so far as the capacity thereof is sufficient beyond the needs of the district. A district may extend any such system, works or facilities and permit the use thereof by persons outside the district, so far as the capacity thereof is sufficient beyond the needs of the district, upon such terms as the board may prescribe.

12. A district may be a party to a joint cooperative project, undertaking or enterprise with any one or more other governmental subdivisions or other public agencies for any purpose herein provided upon such terms as may be agreed upon between the governing bodies or authorities concerned. Without limiting the effect of the foregoing provision or any other provisions herein, a district, with respect to any of its purposes, may act under and be subject to the provisions of Section 16 of Article VI of the Constitution of Missouri, and chapter 70.

13. The district may contract with each participating community for the payment of its proportionate share of treatment costs.

14. The district 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.

15. If the county in which a sewer district lies, at any time while the district is in existence, changes its class to become something other than a second class county, the sewer district may continue to operate under the provisions of sections 249.763 to 249.810 as those sections now exist or as they may be amended.

16. After the owner of the sewer treatment system has been notified of any violation and has been given a reasonable time of not less than thirty days in which to come into compliance, it shall be a class C misdemeanor for any sewer treatment system to be operated within the jurisdiction of the sewer district which is not in compliance with applicable water pollution, solid waste or pretreatment regulations or ordinances. Any penalty imposed by this subsection shall not preclude any appropriate civil remedy.

17. In addition to other powers granted it by law, a sewer district organized under the provisions of sections 249.763 to 249.810 may, subject to the approval of a majority of the voters of the district who vote thereon, levy a special assessment, tax, fee, or charge on the property, or any portion thereof, within the district which is or will be served by the facilities to be built, maintained, or operated with the revenues of such special assessment, tax, fee, or charge.

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(L. 1961 p. 451 § 10, A.L. 1983 H.B. 371, A.L. 1985 H.B. 95)