The city of O'Fallon applied for authorization of an alternative design to regulation in Missouri State Rules 10 CSR 20-8.200(5)(D)2. Engineering justification was provided to the department, which deemed compliance with the design requirement as impractical and certified the alternative design as equivalent or improved effectiveness compared to the minimum design requirement. On the basis of preliminary staff review and the application of applicable standards and regulations, the department proposes to issue a Missouri State Construction Permit for the O'Fallon Wastewater Treatment Plant, subject to the alternative design requirements of 10 CSR 20-8.200. The department invites the public to review and offer written comments on the proposed permit conditions until April 28, 2025. All comments must be received or postmarked by 5 p.m. The public can review the proposed permit conditions below. Other relevant information is available for review and copying upon request.
Written comments may be submitted by mail to Missouri Department of Natural Resources, Water Protection Program, ATTN: Engineering Section / Construction Permit Comments, P.O. Box 176, Jefferson City, MO 65102-0172 or by email to DNR.WPPEngineerSection@dnr.mo.gov. Please include the permit number in the comment letter. Public comments are only accepted for the alternative design with engineering justification in Appendix D of the attached construction permit. The department can only consider comments about issues relating to the proposed action and permit and the effect on water quality. The department cannot consider comments or objections to a permit based on issues outside the authority of the Missouri Clean Water Commission (see Curdt v. Mo. Clean Water Commission, 586 S.W.2d 58 Mo. App. 1979).
10 CSR 20-8.200(2) allows the department to approve alternatives designs to the minimum design requirements of 10 CSR 20-8.200, after receiving engineering justification, determining the alternative design is as effective or more effective than the minimum design requirements, determining compliance with the design requirement is unfeasible or impractical. The proposed determinations are tentative pending public comment. If response to this notice indicates there is significant public interest, the department may hold a public meeting or public hearing, after due public notice. Public hearings and issuing permits are conducted or processed according to 10 CSR 20-6.020.