HomeMy Public PortalAbout00027REPEALED BY ORDINANCE NO. 111 SEE ORDINANCE NO. 109
O R D I N A N C E NO. 27
AN ORDINANCE to regulate and control the disposal of
human and industrial waste in The Metropolitan St. Louis Sewer
District; authorizing the Executive Director to promulgate rules
and regulations subject to approval by the Board of Trustees of
The Metropolitan St. Louis Sewer District; providing conditions
upon which connections to sewers may be required; providing
penalties for the violations of this Ordinance; and declaring the
intent of the Board of Trustees of The Metropolitan St. Louis
Sewer District as to the severability of all parts of this
Ordinance.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. The Board of Trustees of The Metropolitan
St. Louis Sewer District finds, determines and declares that it is
necessary and conducive for the protection of public health,
safety and welfare of the people of The Metropolitan St. Louis
Sewer District to provide regulations for the disposal of human
and industrial waste within The Metropolitan St. Louis Sewer
District. The purpose of this Ordinance is to regulate and
control the disposal of human and industrial waste in The
Metropolitan St. Louis Sewer District, to the end that the public
health, safety and welfare of the people of The Metropolitan St.
Louis Sewer District will be protected and enhanced and to prevent
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the indiscriminate and uncontrolled disposal of human and
industrial waste in violation of recognized public health
standards.
Section Two. The provisions of this Ordinance shall be
in effect in all parts of The Metropolitan St. Louis Sewer
District.
Section Three. For the purpose of this Ordinance
certain words and terms are defined as follows:
DEFINITIONS: The following definitions of terms shall
apply unless the context clearly indicates another meaning or
unless elsewhere expressly stated for specific application.
DISTRICT shall mean The Metropolitan St. Louis Sewer
District.
SEWERAGE SYSTEM shall mean and include any sewage
treatment facility, sewer, appurtenance, equipment or any
combination thereof used or intended to be used for the purpose of
conveying, treating or disposing of any waste water, industrial
waste, or human excrement accumulating on any premise in the
district.
SEWAGE shall mean any water borne waste, industrial
waste, or human excrement which may exist or accumulate on any
premises.
STORM WATER shall mean any water resulting from precip-
itation mixed with the accumulation of dirt, soil, and other
debris or substances collected from the surfaces on which such
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precipitation falls or flows.
GARBAGE shall mean every refuse accumulation of animal,
fruit and vegetable matter that attends the preparation, use,
cooking, dealing in or storing of meat, fish, fowl, fruit and
vegetables, and condemned foods found within the District except
frozen or decayed fruits, meats, fish or fowl shipped into the
District in unusable condition. The term garbage shall be held to
also include refuse and offal from slaughter houses, pork houses
and poultry houses.
INDUSTRIAL WASTE shall mean any industrial liquid waste
water or toxic substance from any industrial process.
SEWER shall mean any public, semi-public or private
lateral or main sewer, constructed in a street, alley, place,
easement or right-of-way, exclusive of a building or industrial
connection sewer.
INDUSTRIAL CONNECTION SEWER shall mean that portion of
sewer line required to carry the sewage of any industrial or
commercial establishment from the last point of sewage entry on
the premises to a sewer or to carry the discharge from any
industrial pretreatment facility to a sewer.
INDUSTRIAL WASTE TREATMENT PLANT shall mean any
treatment plant used or intended to be used for the specific
treatment of industrial wastes in which other wastes may or may
not be present; provided, that a treatment plant in a public
sewage system shall not be so designated.
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SEWAGE TREATMENT PLANT shall mean any works or device
for treatment of sewage.
PERSON includes an individual, a corporation or other
legal entity, a partnership, and any unincorporated association,
and includes the plural.
Section Four. Every person, public utility, public
agency, or institution desiring to install or enter into a
contract for the installation of a public, semi-private or private
sewerage system, or industrial sewer, or to make additions or
alterations in any sewage, or industrial waste treatment plant
shall make application to and shall receive written approval from
the District before proceeding with the proposed work. The
District shall conduct such inspections as may be necessary to
insure compliance with the approved plans.
Section Five. Every application referred to in Section
Four shall contain such number of sets of complete plans and
specifications fully describing such sewerage system or additions
and alterations, or extension contemplated in the application as
the Executive Director may by rule or regulation determine. The
approval by the District may contain such terms and conditions as
may be reasonable and necessary to insure compliance with the
provisions of this Ordinance.
Section Six. The Executive Director shall promulgate
rules and regulations to carry out the purposes and intent of this
Ordinance to protect the public health. Such rules and
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regulations shall become effective upon approval of the Board of
Trustees of the District and shall be filed in the office of the
Secretary-Treasurer as a public record, and shall be filed in the
Office of the Secretary of State of the State of Missouri, in
accordance with the provisions of Section 536.020 Revised Statutes
of Missouri, 1949. Such rules and regulations may provide:
(1) The minimum standards of design for any sewerage system
or treatment facility.
(2) The minimum standards for operation and maintenance of
any sewerage system or treatment facility and to provide for
the revocation of any permit for failure to conform with the
minimum standards.
(3) For the pretreatment of certain wastes which may
injuriously affect the operation of sewage treatment plants
or cause contamination of surface or ground waters.
(4) The size of any sewer, velocity or flow for any sewer or
sewerage system.
(5) The data to be submitted with application for con-
struction of any sewerage system and provide the manner and
terms upon which application shall be granted or modified.
(6) The detailed specifications for cars, vehicles, cans,
tanks, or containers and equipment used for the purpose of
removing, transporting, or disposing of any sewage sludge,
industrial waste or human excrement by portable or mobile
container.
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(7) The minimum standards for soil porosity, ground water
levels, location and area required for installation of an
individual home sewage disposal system; and the minimum
standards for construction of individual sewage disposal
systems where special conditions require higher requirements
than contained in the provisions of the municipal ordinances
of the municipality in which the property is situated, or, as
to property not within the boundaries of any city, town or
village, the requirements of the St. Louis County Plumbing
Code.
(8) The minimum standards necessary to prevent injury to the
public health from dangerous and unsanitary conditions
resulting from exposed sewage, sludge effluent or human
excreta; contamination of drinking water; damage to storm
water drains and channels; contamination of streams and their
beds and margins, underground water, bodies of water; storm
or surface or process or cooling water in sanitary sewers;
greases, chemicals, oils, sludge, and other materials which
may clog or interfere with the operation of sewers or
adversely affect the treatment of sewage; sewage and
industrial wastes in storm water sewers; by by-passing such
industrial waste treatment plant; contamination of the
surface of the ground with sewage and interference with the
proper treatment of sewage in treatment plants.
Any such rule or regulation shall meet the minimum
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standards of the Division of Health, Department of Public Health
and Welfare, State of Missouri, provided, nothing herein shall be
construed to prevent the Executive Director from requiring
compliance with higher requirements than those contained therein
where such higher requirements are essential to maintain a
sanitary condition.
Section Seven. Prior to presentation of any rule or
regulation for approval to the Board of Trustees, the Executive
Director shall give appropriate notice of the proposed regulations
setting the time and place of a public hearing and conduct a
public hearing on any proposed rule or regulation. Any hearing
required or authorized herein may be conducted by the Executive
Director or such other officer or agent, or employee of the
District as the Executive Director may designate. Any such rule
or regulation may be amended or repealed in the same manner as
provided for approval.
Section Eight. The following acts are hereby
prohibited: 1. No sewage, human excrement or industrial
waste may be discharged, deposited or permitted to flow on, in, or
under the surface of the ground or into any surface water or
ground water flowing through, in, or bordering the District,
unless such disposal or condition of sewage, human excrement or
industrial waste meets the standards and requirements of this
Ordinance or any rule or regulation adopted hereunder, provided,
however, that any municipal garbage grinding plant in operation at
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the time of the adoption of this Ordinance shall be permitted to
continue in operation.
2. No person shall remove, transport, or dispose any
sewage sludge, or human excrement by any portable or mobile
container without an unrevoked permit for that purpose from the
District.
3. No sewage, human excrement, industrial waste,
garbage or other material shall be discharged into or deposited in
any sewer, storm water sewer, ditch, open channel, or drain unless
such facility conforms to the standards and requirements of this
Ordinance and any rule or regulation adopted hereunder.
4. No person shall injure or cause to be injured, any
portion of any sewer system.
5. No person shall open or enter, or cause to be
opened or entered any manhole in any sewer, to dispose of garbage
or other deleterious substance or storm or surface waters, or for
any other like purpose not provided for by permits issued under
the provisions of this Ordinance.
Section Nine. Every building in which plumbing
fixtures are installed, and every premises having drainage piping
thereon, shall connect to a public sewer, if available. A sewer
shall be deemed available when a public sewer line is in place
within that portion of any street, alley, right-of-way, or
easement that adjoins or abuts such premises, or is within a
distance of 150 feet of the property line of such premises. When
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connection is not made to a sewer, an individual sewage disposal
system approved by the Executive Director shall be installed. Any
such installation shall comply with the provisions of this
Ordinance and any rule or regulation adopted hereunder.
Section Ten. It shall be the duty of every person,
public utility, or institution holding a permit to operate a
sewerage system or sewage treatment plant to furnish records for
ascertaining compliance with this Ordinance as may be required by
the Executive Director.
Section Eleven. The Executive Director shall cause to
be made such surveys, investigations and studies of sewage,
sewerage systems and streams receiving sewage as may be necessary
to determine that all sewerage systems are installed, operated and
maintained in compliance with the provisions of this Ordinance and
any rule or regulation adopted hereunder.
Section Twelve. Every person, firm, corporation or
institution who owns, maintains, or operates any sewage treatment
plant or sewerage system, except an individual home disposal
system, or who removes, disposes, or intends to remove, transport,
or dispose of any sewage sludge, industrial waste or human
excrement by portable or mobile container shall hold an unrevoked
permit for that purpose from the Executive Director. Such permit
shall be issued by the Executive Director upon application to the
Executive Director and compliance with the provisions of this
Ordinance and any rule or regulation adopted hereunder and upon
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payment of annual fee of Twenty-five Dollars ($25.00) payable to
the District, and to be deposited in a depository of the District,
and upon delivery to the District of a cash or corporate bond in
the amount of One Thousand Dollars ($1,000.00). The cash or
corporate bond shall run to the District and shall be conditioned
as follows:
(A) That the permittee, his agents and servants, shall
comply with all of the terms, conditions, provisions, requirements
and specifications of this Ordinance and the rules and regulations
adopted hereunder.
(B) Before acceptance, all bonds shall be approved by
the Executive Director. If a corporate bond is offered, it shall
be executed by a surety or guaranty company qualified to transact
business in the State of Missouri. If a cash bond is offered, it
shall be deposited with the Secretary-Treasurer of the District,
who shall give his official receipt therefor, reciting that the
cash has been deposited in compliance with and subject to the
provisions of this Ordinance and the rules and regulations adopted
hereunder.
Section Thirteen. It shall be the duty of the
Executive Director, upon his own motion or upon complaint that,
due to any method of sewage or storm water disposal other than a
connection to an adequate sewage system, the public health is or
may be affected, to give notice to the owner or occupant of the
premises on which such condition is believed to exist, of a
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hearing on the necessity of correcting such condition by
connecting such premises to a sewer or facility. Such notice
shall be given not less than ten days before the date of such
hearing, and shall state the time, place and purpose of the
hearing. Such notice may be given to the owner or occupant of the
premises either by delivery in person or by posting a copy in a
conspicuous place on the premises.
Section Fourteen. The Executive Director or such
employee of The Metropolitan St. Louis Sewer District as may be
designated by him shall hold such hearing at the time and place
designated. He shall make a finding and determination (1) As to
the existence of the unsanitary condition affecting the public
health (2) As to the availability of a sewer within the meaning of
Section Nine of this Ordinance and (3) As to the necessity for
such connection. In the event of a finding and determination that
the public health is affected, that a sewer is available and that
it is necessary that the premises be connected with such sewer,
the Executive Director shall notify the owner or occupant of such
premises to connect such premises with the available sewer system
within a period of sixty (60) days from and after the service of
such notice. Service of such notice may be made by delivery of a
copy thereof to the owner or occupant of the premises in person,
or by posting a copy in a conspicuous place on the premises.
Section Fifteen. If such notice is not complied with
within 60 days, then the Executive Director may order the work of
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making such connection done by the District and shall make a
charge against the owner or occupier of such premises for the
reasonable cost of such work. If such bill is unpaid after thirty
days, notice may be filed in the Office of Recorder of Deeds of
the City of St. Louis, or of St. Louis County, as the case may be,
whereupon such bill shall become a lien against the property so
served.
Section Sixteen. Any sewage, sludge, industrial waste,
human excrement or liquid putrescible material, or liquid toxic
material removed, transported, or disposed of in any other manner
than as may be provided for by the provisions of this Ordinance or
the rules and regulations adopted hereunder shall be deemed to be
an offensive material dangerous or prejudicial to the public
health and is hereby declared to be a nuisance.
Section Seventeen. A violation of any rule or
regulation adopted hereunder shall constitute a violation of this
Ordinance, and any person violating any provisions of this
Ordinance or any rule or regulation of the Executive Director as
herein provided, shall upon conviction be fined not less than Five
Dollars ($5.00) nor more than Three Hundred Dollars ($300.00), or
be imprisoned in the City Workhouse or the County Jail, as the
case may be, not less than 3 days nor more than 90 days, or by
both such fine and imprisonment, and each day of such violation
shall constitute a separate offense.
Section Eighteen. It is the intent of the Board of
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Trustees of the District that this Ordinance shall supplement any
Ordinance of St. Louis County or any city, town or village in the
District, and any Ordinance not in conflict herewith shall not be
superseded hereby, and the authority and responsibility of local
police and public health agencies shall remain in force and
effect.
Section Nineteen. If any portion of this Ordinance
shall be adjudged to be void, as in violation of any of the
provisions of the Constitution or laws of the United States, or
the State of Missouri, it shall not affect the validity of the
remaining portions thereof.
The foregoing Ordinance was adopted June 30, 1955