Water Protection Program

Clean Water Commission

Variances

644.061 RSMo allows the Clean Water Commission to grant variances from state rules or requirements where the effects of granting the variance do not pose unreasonable risks to humans or the environment.

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Variance Application Process Summary of Section 644.061

  1. The applicant completes the application form and submits it along with the $250 filing fee to the Water Pollution Control Branch.
  2. Appropriate staff reviews application for completeness.
  3. Applicant is notified that staff has determined the application to be essentially complete. Staff has up to 60 days to investigate the application and to make a recommendation to the Clean Water Commission.
    • granted -- go to 4 then 5
    • denied -- go to 4 then 6
  4. Notify Petitioner of staff decision and send notification to those people on the mailing list from the Petitioner's county. Item is placed on the Clean Water Commission meeting agenda.
  5. If the recommendation is to grant variance:
    • a. The Clean Water Commission may grant the variance without a hearing, at which time a 30 day public notice must be allowed to receive public petitions or objections -- go to 8. If a petition is filed against the variance, a hearing must be held --- go to 7.
    • b. The Clean Water Commission may set the matter for a hearing --- go to 7.
  6. If the staff recommends denial, the petitioner may request a hearing within the 30 day notice period, to be held before the Clean Water Commission -- go to 7.
  7. A hearing will be held according to Section 644.066 and the Administrative Procedures Act.
  8. Staff reviews any petitions or objections that are received during the 30-day comment period.
  9. Staff informs commission at its next meeting (30 days after public notice) of any petitions or objections received during the publice notice and whether the status of the staff recommendation remains as previously submitted after their review.
  10. Commission takes final action.
  11. Water Pollution Control Branch staff prepares the order for signature at next commission meeting and obtains staff approval.
  12. Commission signs order at its next meeting.
  13. A copy of the final decision or order is mailed to the applicant.

Conditions of a Variance

  1. No variance shall be granted where the effect of a variance will permit the continuance of a condition which may unreasonably cause or contribute to adverse health effects upon humans or upon fish or other aquatic life or upon game or other wildlife.
  2. The commission shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to those affected by water contaminants emitted by the applicant.
  3. Variances shall be granted for such period of time and under such terms and conditions as shall be specified by the commission.

Variances on Public Notice

None at this time.

   

Variance Application