JEFFERSON CITY, Mo. -- The deadline for written comments on new rules being considered by the Missouri Department of Natural Resources to regulate the land application from municipal and industrial wastewater treatment plants is just days away.
The Missouri DNR set a deadline of 5 p.m., Tuesday, Sept. 23, for the end of the public comment period.
According to the DNR, the proposed rule amendment "aims to protect human health and the environment from impacts associated with the misapplication and mismanagement of land applied industrial wastewater and wastewater treatment residuals and the fields to which they are applied."
Proponents have characterized it as fertilizer, beneficial to farmers, while opponents characterize it as sludge, saying it threatens ground and surface water, health and property values.
Companies such as Denali Water Solutions, based in Arkansas, have drawn criticism in recent years from residents who live near the storage lagoons and in areas where the waste is spread. They say the waste, some of it trucked in from out of state, also creates an odor that makes it uninviting for them to be outdoors.
Companies that store and spread the waste argue that they are recycling different organic waste streams that reduce dependence and reliance on landfills, reduce carbon and methane effects on the environment, reduce water consumption, and provide farmers an alternative to more expensive chemical fertilizers.
The proposed rule changes could be approved by the Missouri Clean Water Commission as soon as Nov. 5 and would go into effect in February 2026.
A public hearing was held in Jefferson City on Tuesday, Sept. 16, with testimony offered either in person or over the internet about concerns over the new rules.
Owen Gallagher, special projects coordinator for the Water Pollution Control Branch of the DNR, said the department is working to protect the environment from hazardous pollutants while recognizing the materials potential value as inexpensive fertilizer in some cases.
"The department amendments are intended to meet the requirements of the Missouri Clean Water Law and to ensure adequate land application procedures and practices are being followed in Missouri," Gallagher said. "Amendments include conditions requiring field-loading rate calculations, land application at appropriate fuel-loading rates, perimeter monitoring, setback distances, soil and material monitoring and reporting requirements. Additionally, the amendment incorporates the industrial nutrient management technical standard by reference. In addition to the rule amendments impacting industrial wastewater and industrial wastewater treatment residuals, there are rule amendments ... intended to provide clarity in rule and consistency with the Missouri Clean Water Law."
Two people expressed their concerns about the DNR excluding the testing for chemicals called per- and polyfluoroalkyl substances, or PFAS, from the new series of tests the department is mandating for the waste sludge.
According to the National Institute of Environmental Health, on its website, https://www.niehs.nih.gov, PFAS are a large group of synthetic chemicals that have been used since the 1950s to keep food from sticking to packaging or cookware, make clothes and carpets resistant to stains, and create firefighting foam that is more effective.
State officials have said it can't start testing until the federal EPA sets guidelines for what levels of PFAS are considered acceptable.
Susan Williams, with the Moniteau County Neighbors Alliance, in central Missouri, testified that her group was "concerned that PFAS was removed from the list of pollutants being tested in wastewater."
"Even though there are not guidelines yet developed by Missouri for safe levels of the material, MCNA believes that sources of wastewater should be tested for these materials and tracked for the protection of Missouri farmland," Williams said. "Recently, issues with farmland being contaminated by waste being land applied that contain PFAS in Maine and Texas are very concerning. MCNA asks DNR to be proactive and test sources of wastewater for PFAS materials."
Maxine Gill, policy coordinator for the Missouri Coalition of the Environment, testified that her group believed PFAS "should be included in the list of chemicals and contaminants that are monitored and reported on."
A number of organizations, including the Missouri Farm Bureau and Missouri Poultry Federation, testified in favor of land application.
Kayden Guymon, director of Regulatory Affairs at the Missouri Farm Bureau, said his group "supports the amendments overall," but they did have concerns that the rule changes exempt concentrated animal feeding operations but do not specifically mention animal feeding operations.
"This could unintentionally subject smaller operations to unnecessary regulatory burdens that come with being classified as such." Guymon said. "It is in their best interest and the states that environmental regulations are effective but also practical and workable on the ground so poorly framed rules can have unintended consequences that hinder both environmental and economic outcomes."
Brent Hayden, attorney representing the Poultry Federation, said his group "really appreciates department efforts to implement the legislation that came down in a way that recognizes ... (the) role that agriculture plays in providing food for the country."
"We just wanted to say we're here and we are monitoring this process and involved," Hayden said. "And we look forward to working with DNR on the process going forward."
The rule changes are a result of Missouri House Bill 2134 and 1956 sponsored by state Rep. Dirk Deaton, R-Noel, state Rep. Ed Lewis, R-Moberly, and state Sen. Jill Carter, R-Granby, and signed by the governor in 2024.
Residents of Newton and McDonald counties where the sludge was being spread and stored formed a group called Stop Land Use Damaging our Ground and Environment -- or SLUDGE -- to work with other groups in Missouri to push for stronger regulation of waste sludge.
The residents complained because some of the companies spreading the material had violated existing rules, sometimes causing the sludge to run unchecked into streams in Newton and McDonald counties.
One of the immediate impacts of the new law in 2024 was to force the closure and emptying of the two basins in Newton and McDonald counties because they violated the new setbacks in the law requiring the basins to be a certain distance from occupied homes and structures. Work continues to pump out and close the basins about a year after they were ordered closed.
Written comments may be submitted by mail to Lauren Roberts, Missouri Department of Natural Resources, Water Protection Program, P.O. Box 176, Jefferson City, MO 65102-0176, or online through the Regulatory Action Tracking System. Include contact information: name, email address and phone number.