No-Discharge Operations and Land Applica

tion Requirements PURPOSE: This rule sets forth the requirements for no-discharge operations or operators seeking to perform land application of domestic, non-domestic, or industrial wastewater, or to hold or commingle such liquids or solids. (1) Definitions. (A) Definitions as set forth in the Missouri Clean Water Law and 10 CSR 20-2.010 shall apply to those terms when used in this regulation. (B) Other applicable definitions are as follows: 1. No-discharge facility. A facility designed, constructed, and operated to meet each of the following conditions: A. To hold or irrigate, or otherwise manage without discharge to surface or subsurface waters of the state all process wastes and associated storm water flows except for discharges that are caused by catastrophic and chronic storm events; B. Process wastes are not land applied during frozen, snow-covered, or saturated soil conditions; and C. Basins are sealed in accordance with 10 CSR 20-8 and there are no subsurface releases in violation of 10 CSR 20-7.015 or section 577.155, RSMo. 2. Land application of wastewater or treatment residual materials. A treatment methodology that uses soils, vegetation, or agricultural commodities to manage and remove pollutants, including nutrients, from wastewater or treatment residuals. This rule does not apply to the underground injection of wastewater or wastewater treatment residuals as regulated under the federal Clean Water Act and 40 CFR Part 144. A. Land application is only an appropriate treatment option when the land application activity supports agricultural practices or approved beneficial purposes and is appropriately monitored and assessed. B. Land application irrigates, spreads, places, knifes-in, incorporates, or otherwise puts or distributes material that appropriately, through best management practices, utilizes and removes pollutants from wastewater and other process wastes. C. Land application must provide a benefit to the soils, vegetation, or a specific agricultural commodity without harmful impacts to public health and the environment. (2) General. (A) All persons who operate, use, or maintain water contam inant sources, point sources, or operating locations for storage, treatment or land application of process wastes which are op erated so as not to discharge to waters of the state or will have infrequent discharges shall apply for permits unless exempted under section (3) of this rule. (B) Nothing shall prevent the department from taking action to ensure that the operations or activities listed in subsection (A) do not discharge into waters of the state, including requir ing permits for operations normally exempted under this rule. Permits may be required where necessary to protect the envi ronment, including the following: 1. To correct noncompliance; 2. To ensure when the department has determined that construction or operating practices are not adequate, that the facility will be operated in a no-discharge manner; 3. To require, by departmental determination from an on-site visit, that construction and operating permits are necessary for special operating controls or monitoring and reporting of site-specific conditions such as groundwater effects, surface runoff, waste or wastewater characteristics, topography, geology, watershed factors, or land application loading rates; 4. When an unauthorized discharge has occurred or has the potential to occur; 5. When a discharge results in violation of water quality standards under 10 CSR 20-7.031; or 6. Other relevant factors. (3) Exemptions. (A) De minimis exemption. For the purposes of this rule, a de minimis source is a wastewater or process waste source, or a facility for treatment or disposal of process wastes, that is determined by the department to pose a negligible potential impact on waters of the state, soils, crops, public health, or the environment, even in the event of the malfunction of wastewater treatment controls. Persons may apply to the department for an exemption as a de minimis source for operations that will not discharge or will have a negligible impact on waters of the state, soils, crops, public health, or the environment such as short duration, limited pollutant events. The department shall make a written determination on a case-by-case basis, and the department’s denial or approval must itemize the relevant conditions, activities, and materials. This determination shall consider the potential for releases to surface water and groundwater of contaminants in concentrations exceeding background water quality levels or limitations in the water quality standards rule under 10 CSR 20 Chapter 7. Prior to approval, the department may require sampling and test methods, as determined appropriate for the proposed activity. (B) The following are exempt from no-discharge and land application permit requirements unless required under section (2): 1. Nonpoint sources; 2. Land application of composts and mulches in normal farming operations or horticulture operations provided that the compost does not contain more than five percent (5%) sewage sludge or industrial sludge, which may only come from on-site processes; 3. Land application sites for beneficial use of water treatment plant residues removed during the treatment of drinking water supplies provided that aluminum or other potentially phytotoxic compounds are not present in the residuals in concentrations which would result in toxicity to plants or animals or have harmful impacts on waters of the state, human health, or the environment. The land application of water treatment plant residuals removed during the treatment of drinking water supplies not permitted under the Missouri Clean Water Law must submit sampling data prior to the material(s) being initially land applied and thereafter as determined by the department. This exemption does not apply to treatment or storage facilities; 4. No-discharge facilities for the handling, use, or disposal of solid wastes that holds a valid permit issued under the Missouri Solid Waste Management Law and regulations in accordance with 10 CSR 80 or the Missouri Hazardous Waste Management Law and regulations in accordance with 10 CSR 25; 5. Manure land application. Liquid manure from a concentrated animal feeding operation (CAFO) surfaceapplied on land application fields not under the operational control of the CAFO is exempt from permitting, but subject to the setback requirements in section 640.760, RSMo, where applicable. Requirements for CAFOs are contained in 10 CSR 20-6.300; other land application of manure from AFOs, or other agricultural operations not designated as CAFOs, is exempt from permitting; 6. No-discharge treatment works treating domestic sewage with wastewater flows of three thousand gallons per day (3,000 gpd) or less; 7. Composting sites of less than two (2) acres when sludges are less than five percent (5%) of the compost mix and from which no storm water is discharged except during a chronic or catastrophic storm event. Other storm water discharges are regulated under 10 CSR 20-6.200; 8. Land application of products containing or derived from sludges, biosolids or other process wastes when such products are licensed under the Missouri Fertilizer Law, sections 266.291 through 266.351, RSMo, and regulations, commercially sold, individually labelled do not exceed pollutant standards for protection of public health and/or the environment as established by the department, and are applied at agronomic rates for agricultural purposes. To receive and maintain this exemption, the manufacturer or distributor shall submit an initial report to the department on the pollutant content of the product, practices for material sampling to ensure accuracy in labelling and packaging, and shall file annual reports as determined necessary by the department; 9. Single family residences; 10. Internal plumbing and piping or other water diversion or retention structures within a manufacturing or industrial plant or mine, which are an integral part of the industrial or manufacturing process or building or mining operation. This exemption does not include lagoon, ponds, or earthen impoundments which receive any process wastes; 11. Small scale pilot projects or demonstration projects for beneficial use that do not exceed a period of one (1) year may be exempted by written project approval from the permitting authority. The department may extend the permit exemption for up to one (1) additional year after review of the first year’s results. A permit application shall be submitted at least ninety (90) days prior to end of the demonstration period if the facility intends to continue operation, unless otherwise exempted under this rule or Chapter 6; 12. An operating permit is not required for non-discharging wastewater or treatment residual holding structure(s) from which all contents are hauled to a treatment or disposal facility out of state or with a valid Missouri state operating permit issued under the authority of the Missouri Clean Water Law and regulations or Missouri Solid Waste Management Law and regulations. The holding structure(s) must be designed to 10 CSR 20-8 applicable design standards. The originator must have a written contract with the hauler; 13. Contract haulers are not required to have a permit under this rule if all waste is hauled to a facility permitted under a Missouri state operating permit or Missouri Solid Waste Management Law and regulations; 14. Activities or operational thresholds that are specifically exempted within a general permit; 15. The placement of uncontaminated soil, rock, sand, gravel, concrete, cinder blocks, bricks, recycled asphaltic pavement, and minimal amounts of wood and metal which are removed by demolition or construction activities and used as fill for construction projects, provided that placement of such material does not violate water quality standards as stated in 10 CSR 20-7.031. Storm water discharges may be regulated under 10 CSR 20-6.200; 16. The placement of material, other than those listed in paragraph (3)(B)15., which are exempt as clean fill or beneficial use under the Missouri Solid Waste Management Law and regulations, provided the material is not placed in contact with surface or subsurface waters of the state. Storm water discharges may be regulated under 10 CSR 20-6.200; and 17. Satellite collection systems that are properly operated and maintained so that all wastewater is entirely contained within the primary holding structures and emitted into a treatment works treating domestic sewage, without releases, leaks or spills into the environment or discharges into waters of the state. Satellite collection systems— A. May include piping or conveyance systems that may be owned or maintained by a third party, and that collect wastewater prior to emission into the treatment works treating domestic sewage; B. May include tanks, basins, pump stations, manholes or access ports that may be owned, operated or maintained by a third party, that collect, treat or hold wastewater prior to emission into the treatment works treating domestic sewage; and C. Do not include collection systems, equipment, or conveyances under the operational control of the treatment works treating domestic sewage. (4) Operating Permits. This rule does not apply to concentrated animal feeding operations (CAFOs) subject to 10 CSR 20-6.300, stormwater discharges subject to 10 CSR 20-6.200, activities exempted in section (3), animal feeding operations not classified as CAFOs, or other nonpoint sources. The requirements in this rule apply to no-discharge facilities and activities and to land application sites, including those at discharging facilities. (A) Operating permit applications. This subsection describes the application process and minimum application requirements for no-discharge operations and land application sites. Additional application requirements may be applicable to a facility if additional operations are occurring. 1. The application shall include at a minimum the following documentation: A. Narrative operational summary. This shall describe the no-discharge operations, types and sources of materials to be managed or land-applied, storage plans, design capacity, and operational capacity; B. Adequate storage for management or land application of wastewater, sludge, wastewater treatment residuals, and process waste for the intended design flows and capacity; C. A recent aerial or topographic map showing the location of any intended storage structure(s), composting area(s), and land application fields, including setbacks established for— (I) Treatment works treating domestic sewage, in 10 CSR 20-8.200; or (II) Non-domestic wastewater and residuals, the Missouri Industrial Nutrient Management Technical Standard for Industrial Wastewater and Wastewater Treatment Residuals (INMTS). The INMTS required by this rule, Edition 1.0, is incorporated by reference herein as published by the Department of Natural Resources, Division of Environmental Quality, Water Protection Program, PO Box 176, Jefferson City, MO 65102-0176, October 2025, and does not include any later amendments or additions. The INMTS is available on the department’s website. D. Applications for land application from treatment works treating domestic sewage must ensure land application will meet the design and operational requirements in 10 CSR 20-8.200; biosolids must be land applied in accordance with permit conditions; E. Land Application Management Plan (LAMP) for all fields to be used for land application of industrial wastewater, industrial wastewater treatment residuals, or process waste, excluding manure, CAFO operations, AFOs, and treatment works treating domestic sewage. The LAMP must comply with the requirements established in the INMTS, unless otherwise approved by the department, typically for facilities land applying wastewater that does not contain nutrients or significant concentrations of other pollutants (e.g., treated water for irrigation or non-metallic sediment from a quarry settling basin). This subparagraph does not apply to biosolids that are regulated under 40 CFR Part 503. Privately owned operating locations managing a combination of domestic wastewater or sludges and non-domestic wastewater or sludges may be subject to this requirement at the department’s discretion. Unless otherwise determined by the department, the LAMP shall include at a minimum— (I) Site-specific conservation practices or operational management practices to prevent the direct runoff of land applied material and to minimize impacts to stormwater; (II) Site-specific map(s) with sensitive features and setbacks; (III) Field locations and field management plans used to establish land application rates for pollutant removal; (IV) Calculations, data, and methods to be used to ensure appropriate management and removal of nutrients in the applied material; and (V) Records that will be maintained to document implementation and management of the minimum elements described within this subparagraph. F. Applications must be submitted on forms established by the department and must include information on potential pollutants in the wastewater or wastewater treatment residuals to be land applied. (B) Minimum operating permit conditions. 1. There shall be no discharge or direct runoff of wastewater, wastewater treatment residuals, or other domestic or industrial wastes from the field as a result of the land application of these materials, excluding agricultural stormwater discharges. 2. The permits shall include conditions containing limita tions, monitoring, reporting, and other requirements to protect soils, crops, surface waters, groundwater, public health, and the environment. These conditions include but are not limited to— A. Sampling requirements, including parameters, frequency, and numeric limitations if warranted; B. Land application minimum best management practices to appropriately conduct land application and prevent runoff; C. Application must cease immediately if plant stress or phytotoxicity attributable to the application is observed, with land application resuming after plant recovery with land application rates reduced to prevent plant stress and phytotoxicity; D. Application is not allowed on frozen, snow-covered, saturated soils; E. Ponding of applied liquids is prohibited, except temporary ponding that does not leave the application area that absorbs into soil prior to the land applier leaving the field, and except for agricultural purposes where hydrophytic vegetation or crops are being established (such as rice); F. Land application is an approved wastewater treatment method for pollutants, like nutrients, that can be effectively removed through soils, plants, and agronomic practices; G. Land application is not allowed for the purposes of disposal, for the application of hazardous wastes, or for hazardous substances in amounts known to or having the potential to cause phytotoxicity or negative health or environmental impacts, or any other material deemed unsuitable by the department; H. Adequately protective permit conditions must be established in land application areas where the Missouri Geologic Survey had determined geohydrological sensitive features are present; and I. Incorporation of the INMTS. 3. A field permitted for the land application of industrial wastewater or wastewater treatment residuals shall only be incorporated into one (1) Missouri state operating permit. (5) Excluding concentrated animal feeding operations (CAFOs), animal feeding operations not classified as CAFOs or other nonpoint sources, land application of non-domestic wastewater must be conducted in accordance with the INMTS or an approved LAMP. Land application shall also be conducted in accordance with the following: (A) Land application rates based on hydraulic, pollutant, and nutrient loading rates; (B) Specific numeric pollutant limits for select parameters; (C) A minimum of annual soil sampling for nutrients and appropriate parameters, as determined by the department, frequency may be increased in accordance with the INMTS; (D) Appropriate agricultural publications from the University of Missouri Extension center or other pre-approved related publications, to determine crop uptake and land application rates; (E) Setbacks, minimum distances from identified features; and (F) Established permit conditions protective of crops, soil and other earthen material, waters of the state, human health, and the environment. (6) Specific requirements for commingled, offsite industrial wastewater or wastewater treatment residuals stored in open storage basins or open storage vessels. Volume is calculated by adding all of the open structure(s) occurring on one (1) operating location. Storage systems must, at a minimum— (A) Meet the following buffer (setback) distances between the open structure(s) and any public building or occupied residence, other than a residence owned by the permittee, or from which a written waiver agreement is provided: 1. For structures(s) totaling a capacity of more than two and one-half million gallons (2.5 MG) but less than or equal to five million gallons (5 MG), one thousand feet (1000'); or 2. For structure(s) totaling a capacity of more than five million gallons (5 MG) but less than or equal to ten million gallons (10 MG), two thousand feet (2000'); or 3. For structure(s) totaling a capacity of more than ten million gallons (10 MG), three thousand five hundred feet (3500'); or 4. Written waiver agreements shall be recorded with the county recorder and filed in the chain of title for the property of the landowner agreeing to the shorter buffer distance; (B) Sampling, analysis, and reporting of results must be conducted at least annually per 644.051, RSMo, with increased frequency as determined necessary in accordance with the INMTS for— 1. Metals, including arsenic, aluminum, barium, cadmium, chromium, copper, lead, mercury, selenium, silver, and thallium; 2. Pathogens, including E. coli, fecal coliform, and salmonella; 3. Other pollutants as determined by the department; and (C) For systems equal to or greater than two and onehalf million gallons (2.5 MG) storage capacity, groundwater monitoring wells shall be required when, in the determination of the division of Missouri Geological Survey, the storage structures are located in proximity to geological feature(s) that increase the likelihood of groundwater contamination. (7) Groundwater monitoring and reporting requirements for operations subject to subsection (6)(C) and any other operation necessitating groundwater monitoring requirements as part of an assessment of a discharge to groundwater. (A) Definitions for this section are found in 10 CSR 20-2 and 10 CSR 80-2. If conflicting definitions occur, the more stringent definition shall prevail. (B) The permittee shall submit, unless exempted by the department, the following two (2) reports, approved by the department, which may be furnished concurrently, along with any additional reports the department deems necessary: 1. A site characterization report (SCR) signed and sealed by a geologist registered in Missouri; and 2. A groundwater monitoring sampling and analysis plan (GMSAP). (C) If the monitoring well network has already been installed, the department will coordinate with the permittee to determine if any additional wells are needed or may require additional reports to determine effectiveness of the monitoring well network. (D) At a minimum, the following characteristics will be described in the SCR: 1. Geologic materials; 2. Description of soil and bedrock to a depth adequate to allow evaluation of water quality protection provided by the soil and bedrock; 3. Groundwater elevation; 4. Proposed separation between the lowest point of the lowest structure and the maximum water table elevation; 5. Proximity of the structure(s) to water supply wells or surface water; 6. Rate and direction of groundwater flow in each relevant hydrostratigraphic unit; and 7. Current and projected use of water resources in the potential zone of influence of the point source(s). (E) Groundwater monitoring wells shall be installed so that the number, spacing, and depths of the wells, determined based upon site-specific technical information, shall include a thorough characterization of— 1. Aquifer thickness, groundwater flow rate, groundwater flow direction, including seasonal and temporal fluctuations in groundwater flow; and 2. Saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including but not limited to thicknesses, stratigraphy, lithology, hydraulic conductivities, and porosities. If the lower confining unit is one hundred feet (100') or more below the top of the uppermost aquifer, borings verifying the lower confining layer will not be required. The upper fifty feet (50') of the uppermost aquifer will be characterized. (F) Groundwater monitoring wells shall be capable of yielding groundwater samples for analysis, effective monitoring of the site, and consist of at least one (1) well installed hydraulically upgradient, that is, in the direction of increasing static head from the point source(s); and at least two (2) wells installed hydraulically downgradient, that is, in the direction of decreasing hydraulic head from the point source(s); more wells may be required if determined necessary to adequately assess potential groundwater impacts. The quantity of wells, locations, and depths shall be sufficient to yield groundwater samples that are— 1. Representative of background water quality in the groundwater near the point source(s); 2. Capable of detecting any significant amounts of fluids generated by the structure(s) that migrate from the point source(s) to the groundwater; 3. Capable at a minimum of monitoring all saturated zones down to and including the uppermost aquifer; and 4. Located from the point source(s) a maximum distance of one hundred fifty meters (150 m) or four hundred ninety-two feet (492'). (G) The design and installation of groundwater monitoring well systems shall be observed, supervised, and certified by a Missouri groundwater professional, and the monitoring well system shall be approved by the department prior to installation. Additional wells may be required by the department at any time if the existing network is insufficient. (H) The permittee shall determine the rate and direction of groundwater flow each time groundwater is sampled. Groundwater elevations in wells shall be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow direction. (I) Sampling and reporting. 1. Each groundwater monitoring event must include consistent sampling and analysis procedures that are designed to ensure monitoring results provide an accurate representation of groundwater quality at the monitoring wells. The monitoring frequency will be determined by the department based on the site-specific factors, in no case less than annually. 2. The permittee shall submit the GMSAP to the department for approval. The GMSAP shall include procedures and techniques for each monitoring event, including— A. Monitoring well maintenance, if performed; B. Monitoring well redevelopment, if performed; C. Monitoring well depth measurement and hydraulic levels; D. Monitoring well purging and sampling utilizing dedicated equipment, or the appropriate decontamination procedures; E. Equipment calibration; F. Decontamination and field blanks; G. Sample and duplicate sample collection; H. Sample preservation; I. Sample labeling; J. Sample handling; K. Field measurements; L. Field documentation; M. Chain of custody control; N. Sample shipment; O. Analytical procedures; P. QA/QC control—field, samples, and laboratory. 3. The GMSAP shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure monitored constituents in groundwater samples, as required by the department. The plan shall include the anticipated parameters of concern for the specific facility. Analysis shall be performed on unfiltered samples (except for those occurring in the dissolved fraction, e.g., hexavalent chromium) for all constituents listed in the GMSAP. 4. Once approved, the GMSAP shall be followed by the permittee and any deviation from the GMSAP requirements shall be noted and submitted to the department with the monitoring results. 5. Reports shall be furnished to the department at intervals necessary to determine compliance with Missouri’s Groundwater Water Quality Standards, in no case less than annually. (8) Closure of Waste Storage Structures. (A) No-discharge facilities that cease operation, or plan to close lagoons and other waste storage structures, shall comply with 10 CSR 20-6.010(12) as well as the following requirements: 1. Facilities that are exempted from permits under this rule and that cease operation shall either close the waste storage structures in accordance with subsection (8)(B) of this rule or continue to maintain all storage structures so that there is not a discharge to waters of the state. (B) Closure requirements. Lagoons and waste storage structures shall be closed by removal and land application of all wastewater and sludges, or in accordance with an alternate closure plan approved by the department. The removed wastewater and sludges shall be land applied in accordance with the INMTS, department-approved LAMP, or department-approved closure plan. After removal and proper land application of wastewater and sludge, the earthen basins may be— 1. Demolished by removing the berms, grading, and revegetation of the site so as to provide erosion control; or 2. Left in place for future use as a farm pond or similar uses or reserved for future use as a waste storage structure. To prevent damage to the bottom seal due to drying and weed growth, earthen basins shall be refilled with fresh water as soon as possible, and water depths of three feet (3') or more should be maintained. AUTHORITY: section 644.026, RSMo 2016, and sections 644.041 and 644.051, RSMo Supp. 2025.* Original rule filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed June 1, 1995, effective Jan. 30, 1996. Amended: Filed Nov. 3, 1997, effective July 30, 1998. Amended: Filed June 13, 2018, effective Feb. 28, 2019. Amended: Filed July 14, 2025, effective Feb. 28, 2026. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014; 644.041, RSMo 1972, amended 1973, 2024; and 644.051, RSMo 1972, amended 1973, 1982, 1990, 1999, 2000, 2002, 2006, 2011, 2012, 2013, 2014, 2015, 2023, 2024.