Public Participation, Hearings, and Notice to Governmental Agencies

PURPOSE: This rule sets forth the procedures the department will follow in providing opportunity for participation by the public and other governmental agencies during the permit issuing process. This rule clarifies the process. This rule also addresses the procedures for appeals to the Clean Water Commission from departmental actions. (1) Public Participation. (A) The department shall review applications for Missouri state operating permits and shall review other relevant facts to determine whether or not the Missouri state operating permits should be issued. When all required and requested information has been received, the department shall prepare the following documents as needed: 1. A draft operating permit containing the following elements: A. Terms and conditions of the permit; B. Effluent limitations, standards, and other require ments; C. Applicable compliance schedules; and D. Monitoring requirements; and 2. If the draft operating permit is for a major facility or a general permit or if it incorporates any variances or modifications, or if the regional administrator or director finds it is the subject of widespread public interest, the department will prepare a fact sheet. The fact sheet shall include— A. A brief explanation of the express statutory or regula tory provisions on which permit requirements are based; B. Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions, including a citation to the applicable guideline, development documents, or standard provisions and reasons why they are applicable or an explanation of how the alternate effluent limitations were developed; C. Where appropriate, a sketch or detailed description of the location of the discharge described in the application; D. A quantitative description of the discharge described in the application and of the activities that lead to the discharge; E. Reasons requested variances or modifications do or do not appear justified; and F. Name and telephone number of a person who can provide additional information. (B) Public Notice for Site Specific Permits. 1. A public notice of permit pending will be prepared by the department. Except for minor modifications there shall be a period of not less than thirty (30) days following the date of the public notice when interested persons may submit their written views on the proposed permit. The term, minor modifications, is defined in 40 CFR 122.63, October 22, 2015, which is hereby incorporated by reference in this rule, as published by the EPA Docket Center, EPA West, 1301 Constitution Avenue NW, Washington, DC 20004. This rule does not incorporate any subsequent amendments or additions. The department will issue or deny the permit within sixty (60) days after all requirements of the Federal Clean Water Act, the Missouri Clean Water Law and those regulations concerning the issuance of permits have been satisfied. (C) Public Notice for General Permits. 1. Public notice of newly created statewide general permit, or the reissuance of an existing statewide general permit, shall be prepared by the department in accordance with subsections (1)(B) and (D) of this rule. 2. For issuance of the initial individual general permit for any newly constructed water contaminant source, point source, or wastewater treatment facility, public notice shall occur in accordance with subsections (1)(B) and (C) of this rule. This applies to the following general permits: A. Airports; B. Chemical manufacturing; C. Fabricated structured metal; D. Foundries; E. Limestone and rock quarries; F. Lubricant manufacturing; G. Petroleum storage greater than fifty thousand (50,000) gallons; and H. Wood treaters; I. Commingled, offsite industrial wastewater or waste water treatment residuals stored in open storage basins or open storage vessels. 3. As new general permits are created, the need for an indi vidual facility public notification process shall be determined and identified in the general permit. (D) The public notice of permit pending will contain at least the following: 1. Name, address, telephone number of the department, and any other places at which interested persons may obtain further information, request copies of the draft permit and the fact sheet, and inspect and copy related forms and documents; 2. Name and address of the applicant and responsible authority, and address of the discharger if different from the applicant; 3. Brief description of the applicant’s activities or operations which result in the discharge or potential discharge described in the application; 4. Name of watercourse to which the applicant will discharge, a description of the location of the discharge and designation of the discharge as new or existing; 5. A statement of the tentative determination to issue a permit; 6. A brief description of the procedures for making final determination, including the thirty- (30-) day comment period and any other means by which interested persons may influence or comment upon the making of the determinations; and 7. The name and address of the office processing the ap plication. (E) Notice of permit pending will be posted on the depart ment webpage. The department may request posting of a physical notice of Permit Pending in order to accommodate for certain groups determined by the department. 1. Posting in the post office and public places of the municipality nearest the proposed discharge; 2. Posting near the entrance to the applicant’s premises; and 3. The department webpage. (F) The notice shall be mailed, or emailed, by the department to persons who have notified the department of their interest or who have requested the notice. (G) The department, upon request, shall add the name of any person or group to an email list to receive copies of notices for all applications within the state. (H) All relevant and material comments received pursuant to the public notice shall be given consideration by the depart ment before making a final decision. When significant water quality concerns are raised during the comment period the department may hold a public meeting to discuss the appli cations. The department does not have jurisdiction to address questions of zoning, location, property values or other nonwa ter quality related items. (2) Notice to Other Governmental Agencies. Notices to govern mental agencies shall conform to the stipulations outlined in federal regulation 40 CFR 124.59 “Conditions requested by the Corps of Engineers and other government agencies,” January 4, 1989, as published by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, which is incorporated by reference and does not include later amendments or additions. (3) Public Access to Information. (A) Any information or records submitted or obtained pursu ant to Chapter 644, RSMo, may be subject to public disclosure pursuant to Chapter 610, RSMo. Information other than effluent data, support documents or reports contained in any issued permit or document in the water protection program may be made confidential upon a showing that methods or processes entitled to protection as trade secrets would be revealed if the information were made public. The department shall make the final determination of confidentiality. (B) The department shall provide for public inspection and copying of information relating to these documents. (4) Public Participation Process. (A) Department of Natural Resources (DNR) Hearing. 1. An opportunity shall be provided for the applicant, any affected state, any affected interstate agency, the regional administrator, or any interested agency, person, or group of persons to request or petition for a public hearing with respect to the application. Any request for a public hearing shall be filed with the department within the comment period and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The department shall hold a public hearing if there is significant technical merit and concern related to the responsibilities of the Missouri Clean Water Law. Instances of doubt shall be resolved in favor of holding the hearing. Any public hearing shall be held in the geographical area of the proposed discharge or other appropriate area. An appeal filed upon the issuance of a construction permit will be considered as an appeal of the construction permit and the first operating permit. 2. At least thirty (30) days before any hearing, notice of hearing shall be published in at least one (1) newspaper of general circulation in the geographical area of the discharge and mailed, or emailed, to any person or group on request and to all persons, groups, and agencies who received a copy of notice or fact sheet for the proposed permit. In any case, notice shall be at least as broad as was the notice of permit pending. The notice shall contain at least the following: A. Name, address, and telephone number of the department; B. The proposed permit facility name, address, and responsible authority; C. Information regarding the time, location, and purpose for the hearing; and D. The webpage address for additional detailed infor mation on the draft Missouri state operating permit. Those without access can request information by contacting the de partment using the contact information in the notice. (B) Clean Water Commission hearings for regulation devel opment, fact finding, and other nonjudicatory matters will be held in conformance with Chapter 644, RSMo. (C) Clean Water Commission hearings on permit issues, abatement orders, and other judicatory type matters will be held in conformance with Chapters 536 and 644, RSMo. (5) Time Limits for Appeals for Abatement Orders, Permit Denials, and Variances. (A) The thirty (30)-day time limit provided for the filing of appeals to the commission as established by section 644.056.3, RSMo, for appeals of abatement orders; section 644.051.6, RSMo, for appeals from denials of permits; section 644.061.5, RSMo, for appeals from the recommendation to grant or deny variances; and 10 CSR 20-6.060(5) for appeals from the denial of water quality certifications shall be computed from the day of service of the notice of the order or issuance or denial of the variance or denial of the permit or water quality certification, as the case may be. (B) Service of the notice may be accomplished by either hand delivery or certified mail, return receipt requested, or emailed with receipt confirmation. 1. Service by hand delivery. A. Service by hand delivery is accomplished when a copy of the notice is tendered to— (I) The applicant or permittee or other affected person or with some person of his/her family over the age of fifteen (15) years and residing in his/her dwelling, house, or usual place of abode; (II) An officer of a corporate applicant or permittee or other affected person; (III) A partner of a partnership applicant or permittee or other affected person; (IV) A managing or general agent of the applicant or permittee or other affected person; (V) A registered agent or any other agent of the applicant or permittee or other affected person authorized by appointment or required by law to receive the notice; and (VI) Any person in charge of the water contaminant or point source of the applicant or permittee or other affected person. B. The person who effects service by hand delivery shall state the time, place, and manner of service in a signed file memorandum or other writing. C. The accomplishment of service of notice by hand delivery is not altered by the refusal of the person to be served to receive the notice when this fact is shown on the return. 2. Service by certified mail. A. Service by certified mail is accomplished by mailing a copy of the notice by certified or registered mail, return receipt requested, to any of the persons listed in parts (5)(B)1.A.(I)–(VI) of this rule. B. Service by mail is complete on the delivery date shown on the return receipt, or on the date of refusal as shown on the envelope of the returned notice. 3. Emailed with receipt confirmed. A. Service by email is accomplished by emailing a copy of the notice with a read receipt requested to any of the per sons listed in parts (5)(B)1.A.(I)–(VI) of this rule and is complete when the email is received, either acknowledged in writing or through the read receipt. (C) The appeals previously referenced in subsection (5)(A) of this rule may be made by the applicant, permittee, person named in the order or any other person with an interest which is or may be adversely affected. The appeal shall be filed with the Administrative Hearing Commission, 131 W. High St., PO Box 1557, Jefferson City, MO 65101 and shall be received by the Administrative Hearing Commission prior to expiration of the thirty- (30-) day appeal period as computed in subsection (5)(A). The appeal shall be a contested case and shall be conducted under section 644.066, RSMo. (6) Time Limits for Appeals of Conditions in Issued Permits. (A) The thirty- (30-) day limit provided for the filing of ap peals to the commission established by sections 640.010.1 and 644.051.6, RSMo, for appeals of conditions in issued permits shall be computed from the day of service of notice. (B) Service of the notice shall be accomplished in accordance with subsection (5)(B) of this rule. (C) The appeals referenced previously in subsection (6)(A) of this rule may be made by the applicant, permittee, or any other person with an interest which is or may be adversely affected. The appeal shall be filed with the Administrative Hearing Com mission, 131 W. High St., PO Box 1557, Jefferson City, MO 65101 and shall be received by the Administrative Hearing Commis sion prior to expiration of the thirty- (30-) day appeal period as computed in subsection (5)(A). The appeal shall be a contested case and shall be conducted under section 644.066, RSMo. (7) Appeals made under sections (5) and (6) of this rule shall conform to the requirements of the Administrative Hearing Commission regulation 1 CSR 15-3.350, effective March 30, 2017. AUTHORITY: section 644.026, RSMo 2016.* Original rule filed June 19, 1974, effective June 29, 1974. Rescinded: Filed Oct. 16, 1979, effective July 11, 1980. Readopted: Filed Feb. 4, 1980, effective July 11, 1980. Amended: Filed May 10, 1984, effective Oct. 15, 1984. Amended: Filed Feb. 1, 1988, effective June 13, 1988. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed July 9, 1998, effective March 30, 1999. Amended: Filed June 13, 2018, effective Feb. 28, 2019. Amended: Filed July 30, 2019, effective April 30, 2020. Amended: Filed July 15, 2025, effective Feb. 28, 2026. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014.