Protecting Missouri's Natural Resources is a monthly newsletter that informs readers about environmental issues.
JULY 2007
WORKING TOGETHER IS BEST WAY TO PROTECT
THE ENVIRONMENT
By Doyle Childers
The Department of Natural Resources has been criticized recently as “being too lenient” when handling Missouri Clean Water Law violations. The fact
is the department’s first job,
and statutory obligation, is to protect the quality of the
waters of the state, and the
department has many means
to accomplish this.
If a facility violates any of the state’s environmental laws, the department has several tools to bring a facility into, and help it remain in, compliance. The
first tool of choice is providing
compliance assistance to the
facility. The formal name of
this process in Missouri law
is conference, conciliation
and persuasion.
For example, the department worked through this process with the owner of the Crescent Meadows Mobile Home Park, located north of Columbia in Boone County, to eliminate the failing lagoon system serving the mobile home park. Connecting the mobile home park to the City of Columbia’s wastewater collection and treatment system eliminated the failing lagoon.
There’s also an element of common sense. A few years ago, there was an explosion at a
Praxair facility in St. Louis. Because the explosion was an accident,
and the cleanup was done appropriately, the department
did not take enforcement action against the facility.
In some cases, the department
may require a facility to install upgrades that will prevent future discharges or releases. It is more beneficial for a facility to spend money to upgrade its facility, rather than to pay a penalty, to reduce the chance of further
harm to the environment.
If the compliance assistance avenue is exhausted without improvement of a situation, there are other effective tools, including penalties, administrative orders, settlement agreements and consent
judgments in our toolbox.
Penalties can ensure compliance and remove the economic benefit of continued noncompliance. For more than 10 years, the department determines the appropriate penalty for each violation by using a penalty matrix. We may reduce penalties for legitimate reasons, such as good-faith efforts to reach compliance. Penalties are not used to scare, intimidate or put facilities out of business.
Another effective tool to ensure compliance is penalty suspension, where the business pays a lower cash penalty but agrees to pay the remainder of the penalty should future violations or failure to meet the requirements of the settlement agreement occur.
This is often an effective motivation for
continued compliance.
Little Blue Valley Sewer District in Jackson County completed a $141 million upgrade to its facility. In 2004, the department and Little Blue Valley Sewer District in Jackson County entered into a consent judgment requiring the district to upgrade its treatment plant to meet water quality discharge limits. The sewer district completed upgrades to its treatment facility in 2006. Due to the district’s willingness to complete the upgrades and to resolve compliance issues, the department did not require a
monetary penalty.
The overall goal is to protect human health and the environment by maintaining compliance. We have found these tools work to bring facilities into compliance and help them remain in compliance.
Since 2002, the department conducted enforcement action on 317 water quality cases. Less than 1 percent of those facilities or individuals have been referred to the department again for a second violation. We believe the department is truly succeeding in its goal of effective environmental protection.
Doyle Childers is director of the Missouri Department of Natural Resources.
DEPARTMENT RECORDS VIOLATIONS OF THE FEDERAL OZONE STANDARD
IN ST. LOUIS AND KANSAS CITY AREAS
High concentrations of ground-level ozone were recorded in the St. Louis area on June 12, 13, 14, 15 and 17, and in the Kansas City area on June 13, 14, 15 and 16.
St. Louis
The department recorded high readings at three of the 10 Missouri monitors located in the St. Louis area. These monitoring sites are located in Maryland Heights, Orchard Farm and West Alton. The high readings are a concern because once the readings are validated, they will cause the region to violate the current federal ozone standard again.
The U.S. Environmental Protection Agency has designated the St. Louis metropolitan area as a nonattainment area under the current ozone standard. This means the area currently violates the federal health-based standard, which is based on a three-year average of monitoring data. When concentrations on individual days reach unhealthy levels, this is known
as an exceedance.
The department recently submitted a new eight-hour ozone plan that demonstrates the St. Louis metropolitan area will attain the federal ozone standard by 2009. The plan relies primarily on federal regulations requiring cleaner automobiles. Other emissions reductions in the plan include reductions in pollutants from coal-fired power plants, heavy-duty diesel engine standards and off-road mobile engine standards. Finally, the continuation of reformulated gasoline and vehicle inspection and maintenance programs will play an important role in helping the St. Louis area improve its air quality.
Kansas City
The department recorded the high readings at two of the five Missouri monitors located in the Kansas City area. These monitoring sites are located in Rocky Creek and Trimble. The high readings are a concern at the Rocky Creek monitor because once the readings are validated, they will cause the region to violate the current federal ozone standard.
The U.S. Environmental Protection Agency has designated the Kansas City metropolitan area as an attainment area under the current ozone standard. An attainment designation means the area currently meets the federal guidelines for air quality. However, pending quality assurance reviews of the most recent readings, the high values experienced in June will result in violations of the federal health-based ozone standard, which is based on a three-year average of monitoring data.
After the violation is quality assured, additional measures to reduce ozone levels will need to be implemented. In Missouri, larger power plants are included in the federal Clean Air Interstate Rule. Discussions between the department and these sources in the Kansas City Maintenance Area are intended to result in the early implementation of control measures required to comply with Clean Air Interstate Rule. Idling restrictions on heavy-duty diesel vehicles are also being proposed for the Kansas City area. If violations of the EPA ozone standard persist over time, additional regulations may be needed.
High concentrations of ozone are considered unhealthy and can cause problems for those with existing heart or respiratory conditions, or even healthy individuals spending extended periods of time outdoors. In the general population, an elevated ozone level can lead to irritation of the eyes, nose and throat and make breathing difficult.
Emissions from automobiles and industry containing volatile organic compounds and nitrogen oxides create urban ground-level ozone in the presence of sunlight. Higher levels of ozone are most likely to form on summer days with temperatures above 85 degrees, little or no precipitation, lots of sunshine and light winds. When several of these days occur in a row, the risk of unhealthy ozone levels is significantly increased.
Metropolitan residents can help reduce ground level ozone by following these simple tips:
• Use mass transit, carpool, bike or walk to work, school or on errands.
• Keep your cars properly maintained, and see a repair technician if your “Check Engine”
light is on.
• Refuel after 7 p.m., and don’t top off
your gas tank.
• Avoid using gasoline-powered yard machines.
Use an electric or push lawn mower.
• Avoid using lighter fluid when barbecuing. Use
a chimney or electric starter to light your coals.
• Become more energy efficient. Use compact fluorescent light bulbs, and turn the air
conditioner up a few degrees.
Ozone monitoring data is available from the Missouri Air Quality Data System on the department’s Web site at www.dnr.mo.gov/AQDS/index.do. For more information about ozone, call the department’s Air Pollution Control Program
at 800-361-4827 or 573-751-4817.
DEPARTMENT ENCOURAGES BIODIESEL PRODUCERS TO INITIATE
AIR PERMIT APPLICATION PROCESS
Biodiesel producers hoping to qualify for state sponsored incentive funds are encouraged to contact the Department of Natural Resources’ Air Pollution Control Program to fulfill their air-permitting requirements.
House Bill 741, recently signed by Gov. Matt Blunt, establishes additional requirements for biodiesel producers who want to take advantage of the Missouri Qualified Biodiesel Producer Incentive Fund. Producers must register with the Missouri Department of Agriculture by September 1 and begin construction of their facilities by November 1.
“People wanting to begin construction by Nov. 1, 2007, need to contact us by the first of August,” said Jim Kavanaugh, director of the Air Pollution Control Program. “We will help them comply with both the state’s environmental law and the new requirements.”
To begin construction, these facilities must apply for an air construction permit. These permits are required for any facility with the potential to affect air quality in Missouri. An air permit for a biodiesel facility typically takes 60 to 90 days to review prior to issuance.
Affected entities should contact the Missouri Department of Natural Resources’ Air Pollution Control Program at 800-361-4827 or
573-751-4817 to learn more about their permitting requirements.
These facilities must begin biodiesel production before March 1, 2009. If the above requirements are met, biodiesel producers will be eligible to receive monetary incentives that include 30 cents per gallon of biodiesel produced for the first 15 million gallons and an additional 10 cents per gallon for the next
15 million gallons produced in these operations.
For more information regarding the Missouri Qualified Biodiesel Producer Incentive Fund, contact Misti Preston with the Missouri Department of Agriculture at 573-751-8596. For more information regarding air construction permit requirements contact Kendall Hall with the Missouri Department of Natural Resources at 573-751-4817.
STATE ENCOURAGES ST. LOUIS AREA AUTO REPAIR SHOPS TO PARTICIPATE IN EMISSIONS TESTING PROGRAM
The Department of Natural Resources and
SysTech International are encouraging St. Louis
auto shops to sign up for the new Gateway
Vehicle Inspection Program.
The state recently awarded a contract to SysTech International to provide equipment and data
management services for the program. SysTech
has been working to inform the St. Louis area
auto shops of the emissions testing changes and application requirements. The Gateway Vehicle Inspection Program encourages all currently
licensed safety inspection stations to participate.
SysTech, the Department of Natural Resources and the Missouri State Highway Patrol recently held three informational seminars in the St. Louis area to provide information and applications to interested shops and answer questions about the new Gateway Vehicle Inspection Program.
The cost of the equipment, which is exempt from state sales tax, will be $2,495. This cost includes all software, hardware, training on how to use the equipment and equipment maintenance costs for the life of the contract. To use the equipment, each licensed inspection station must provide an Internet connection to facilitate real-time data collection and paperless registration verification.
After registering with SysTech, auto shops will apply to the Missouri State Highway Patrol for an emissions inspection license. The contractor will train the emissions inspectors and mechanics. After the training is complete, the inspectors must pass a written and practical exam offered by the Missouri State Highway Patrol.
The Department of Natural Resources and the Missouri State Highway Patrol jointly administer the Gateway Vehicle Inspection Program. The program is a key component of the ongoing effort to improve air quality in the St. Louis region. For more
information about participating in the Gateway Vehicle Inspection Program or to apply visit www.GatewayVIP.com or
call 1-866-OBD-TEST (623-8378).
CONSUMERS URGED TO LEARN ABOUT THEIR DRINKING WATER
Do you know what’s in your drinking water? If not, the Missouri Department of Natural Resources is urging consumers to find out more about their drinking water quality by reviewing a report from their local water system.
Public water supplies were required to make the Consumer Confidence Reports available to their customers by July 1. The reports describe the water sources used by the systems and identify any contaminants found during routine drinking water testing. The reports also inform consumers of the water system’s compliance with other drinking
water-related rules and provide general information about drinking water and health enabling Missourians to make practical, knowledgeable decisions about their health and environment.
To assist utilities in producing the reports, the Department of Natural Resources created an informational packet that contains a template and tips on developing an informative report and making it available to customers. The Consumer Confidence Reports also provide suppliers with an opportunity to explain how they protect the community’s drinking water supplies in order to build their relationship with the customer.
All community water systems are required to make a Consumer Confidence Report available to all of their customers. These systems include cities, water districts, subdivisions, mobile home parks and other water systems serving at least 25 residents. A copy of the report will be sent by mail, published in the local newspaper or posted at the water system’s office, public buildings and the local library. Large water systems serving more than 10,000 people must deliver each customer a copy of the report directly and smaller systems may use one of the other delivery or notification options. Several water systems post the report on the Web. To see if your water systems information is posted on the Web, visit www.dnr.mo.gov/env/wpp/pub/dw-ccr.htm.
The Department of Natural Resources encourages the public to read their water system’s Consumer Confidence Report and become better informed about their drinking water. Any citizen served by a community water system who has not received a Consumer Confidence Report should call their water provider and request a copy.
For more information on the Consumer Confidence Reports, call the department’s Public Drinking Water Branch
at 800-361-4827 or 573-751-5331.
DEPARTMENT AND AIR FORCE SIGN STEWARDSHIP AGREEMENT FOR MINUTEMAN MISSILE SILOS AND LAUNCH FACILITIES
The Department of Natural Resources and the
U.S. Environmental Protection Agency signed an
agreement with the United States Air Force to provide long-term stewardship for 150 Minuteman
II missile silos and 15 missile launch facilities. These missile sites were part of the nation’s defense
program from the 1960s to the 1990s and were located throughout the western central portion
of Missouri.
The sites were dismantled in the 1990s as part of the Strategic Arms Reduction Treaty signed with the former Soviet Union. During the first silo deactivation and implosions, polychlorinated bipheyls were found in waterproof coating of the silo headworks and underground storage tanks. Because contamination remained at the sites, institutional controls were required in the property use restrictions and covenants were required in the Quitclaim deeds to ensure future use of the property does not disturb the contamination.
The Long-Term Stewardship Agreement that was signed by all parties provides an opportunity and recognition of responsibility for the state and federal government to work cooperatively to continue to monitor the engineering and land use controls at these sites. All of the sites have been transferred to private ownership, except for one launch control facility. This one site, although decommissioned, is being preserved for its historical attributes. The overall goal of these agencies is to protect the environment
and the communities surrounding these sites.
“This is a common-sense solution for a long-term issue,” said Department of Natural Resources Director Doyle Childers.
For many years the United States Air Force, with oversight from the state and EPA, took samples of the sites because of the contamination that was left in place. The decision to leave the environmental “waste” in place was based on the risk analysis performed after extensive sampling and monitoring, according to Larry Erickson, federal facilities section chief for the Missouri Department of Natural Resources. According to Erickson, “A majority of sites will now be used for agricultural purposes, but the polychlorinated biphenyls won’t be disturbed.”
For more information contact the Missouri Department of Natural Resources at 800-361-4827 or 573-751-3907.
NEW INITIATIVE HELPS COMMUNITY ENVIRONMENTAL EFFORTS
AND MISSOURI BUSINESSES
Permit Assistant available on Department of Natural Resources’ Web site
After months of testing, the Department of Natural Resources launched a new online tool that will make it easier to do business in Missouri. Permit Assistant is designed to help those seeking permits by making information easily accessible on the department’s Web site. Permit Assistant is available on the department’s Web site at www.dnr.mo.gov/mopermitassistant.
The new online program is part of the department’s ongoing effort to improve compliance assistance. Other recent compliance assistance improvements included a redesigned Web site, improvements to the permitting process, the availability of the department’s manuals online, the addition of several new satellite offices and implementation
of the Ombudsmen Program.
“Most people want to do the right thing for the environment, and we need to help make it as simple as possible,” said Doyle Childers, director of the Missouri Department of Natural Resources. “Tools like Permit Assistant will help Missouri’s businesses, communities and citizens better focus on operating clean, safe, successful operations, rather than wasting time trying to figure out which paperwork to fill out.”
Using Permit Assistant, anyone with access to the Web may answer a series of questions to determine which permits or registrations their businesses will need from the department. Permit Assistant then provides links to the necessary permit application forms.
Many businesses obtain permits from multiple offices within the Department of Natural Resources. Permit Assistant enables business owners and their consultants to find all the needed permit applications without having to contact individual programs. Permit Assistant also provides links to phone numbers in case additional information is needed. Those with little experience with permitting in Missouri will find Permit Assistant particularly helpful.
Permit Assistant was developed in coordination with the Information Technology Services Division in the Office of Administration. The department tested the application online with many of its permittees and in small focus groups. Their feedback helped the department better tailor the program to meet the needs of Missouri’s businesses and communities.
STATE AGENCY AWARDS $15,000 FOR BROWNFIELDS CLEANUP
The Missouri Environmental Improvement and Energy Resources Authority awarded $15,000 to the St. Louis-based Red Brick Community Land Trust
to address petroleum-related contamination of a Soulard brownfields site.
Environmental Improvement and Energy Resources Authority staff made the presentation to the Red Brick Community Land Trust in a public ceremony at the property site located at 1805 S. Tucker St.,
St. Louis, at 9:30 a.m., Thurs., July 19. The
Environmental Improvement and Energy Resources Authority is a financial support agency within the Missouri Department of Natural Resources.
The Red Brick Community Land Trust will use the money to remove petroleum-related contamination. The cleanup will enable a residential development to proceed on property in the Bohemian Hill neighborhood, part of the Soulard area. The trust was established in 2001 as a non-profit organization that secures long term affordable housing for
low-income residents in the St. Louis
metropolitan area.
“Affordability in Soulard remains a problem, thus the Bohemian Hill property is an attractive location for this proposed project,” said Jerome Govero, a member of the Environmental Improvement and Energy Resources Authority board.
A brownfield site is property whereby the expansion, redevelopment or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant.
The Environmental Improvement and Energy Resources Authority received a $1 million grant from the U.S. Environmental Protection Agency to establish the Missouri Brownfields Revolving Loan Fund that will provide loans and subgrants for cleanup of sites contaminated with petroleum and hazardous substances. The Environmental Improvement and Energy Resources Authority works with the Missouri Department of Natural Resources to support brownfields cleanup activities so that redevelopment and reuse of properties can proceed.
For more information, call Kristin Allan Tipton at Environmental Improvement and Energy Resources Authority at 573-751-4919 or the Red Brick Community Land Trust at 314-621-1411, ext. 102.
BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM OVERSEES SUCCESSFUL CLEANUPS
The Missouri Department of Natural Resources has issued certificates of completion for
several new Brownfields/Voluntary Cleanup
Program sites.
Brownfields are abandoned or underused industrial or commercial sites, located primarily in urban areas, that are either contaminated or thought to be
contaminated. Through the Brownfields/Voluntary Cleanup Program, private parties agree to clean up a contaminated site and are offered some protection from future state and federal enforcement action at the site in the form of a “No Further Action” letter or “Certificates of Completion” from the state.
Jimmerson Station in Sikeston
The department’s Brownfields/Voluntary Cleanup Program issued a certificate of completion for the Jimmerson Station site in Sikeston, Missouri. In October 2006, the Land Clearance Redevelopment Authority of the city of Sikeston entered the Brownfields/Voluntary Cleanup Program for the evaluation of the former gas station.
Initial site assessments revealed total petroleum contamination in groundwater at the former gas station. The site was evaluated in accordance with the Department Missouri Risk-Based Corrective Action Technical Guidance. Based on review of the report and groundwater use in the area as well as comparison with current state standards, chemicals
of concern do not exceed the applicable Missouri Risk-Based Corrective Action risk based target levels.
The Land Clearance Redevelopment Authority of Sikeston plans to redevelop the property for an adjacent business.
Magellan Pipeline in Saverton
The Brownfields/Voluntary Cleanup Program issued a Certificate of Completion for the Magellan Pipeline Company TCS Mississippi Crossing site in Saverton, Missouri. In October 2003 the site entered the Brownfields/Voluntary Cleanup Program for
the cleanup of gasoline-contaminated soil
and groundwater.
The site is an undeveloped piece of land near Saverton, Missouri, and adjacent to the Mississippi River. Several petroleum pipelines, both active and inactive run through the property. A release of gasoline from one of the pipelines was discovered
at the site in November 2001 during a pipeline pigging operation. Initial response activities included excavation of test pits, removal of some
contaminated soil, and collection of soil and
groundwater samples, and surface water samples from the nearby Malaruni Creek. After the site’s acceptance into the Brownfields/Voluntary Cleanup Program, additional site characterization revealed elevated levels of benzene, toluene, ethylbenzene, xylenes and total petroleum hydrocarbons in the soil and groundwater. A department-approved risk management plan for the site included several years of groundwater monitoring.
A Tier 1 risk assessment conducted in accordance with the Missouri Risk Based Corrective Action guidance document revealed that all contaminant levels meet the criteria for residential or unrestricted land use. Therefore, the department issued a
Certificate of Completion for the site. No
development is planned for the site.
ConocoPhillips Riverside Terminal in Riverside
The Brownfields/Voluntary Cleanup Program issued a Certificate of Completion for ConocoPhillips Riverside Terminal site in Riverside, Missouri. In November 2005, ConocoPhillips entered the Brownfields/Voluntary Cleanup Program for the investigation of soil and groundwater at its Riverside terminal. Historically, the ConocoPhillips Riverside Product Terminal has been used to store gasoline for distribution from its bulk terminal. ConocoPhillips is not currently using the terminal.
Initial site assessments revealed diesel and gasoline constituents (benzene, xylene, gasoline and diesel) in soil and groundwater. ConocoPhillips’ consultant performed a Missouri Risk-Based Corrective Action Tier 2 Evaluation for the Riverside Product Terminal. The evaluation compared the soil and groundwater data collected at the site to the applicable Risk-Based Target Levels for both non-residential and construction worker scenarios. Soil results indicated petroleum constituents were present, but at concentrations below all applicable Risk-Based Target Levels. Two groundwater-monitoring wells were impacted with petroleum constituents above the Risk-Based Target Levels. The evaluation indicated that contaminants of concern did not exceed Tier 2 Site Specific Target Levels for non-residential use; however the on-site construction worker levels were exceeded.
In accordance with a department-approved risk management plan, a Restrictive Covenant was filed in the property chain of title to limit the construction worker exposure pathway for the chemicals of concern and to ensure appropriate future use of the property. The department has determined that the property is safe for non-residential use.
Laclede Gas Building in St. Louis
The Brownfields/Voluntary Cleanup Program issued a certificate of completion for the Laclede Gas Building site in St. Louis. The Laclede Gas Building
is a 31-floor high-rise office building located in
downtown St. Louis, MO. The building is named after its major tenant, the Laclede Gas Company.
The Laclede Gas Company is a public utility, engaged in the storage and distribution of natural gas in the
St. Louis area and the surrounding counties. The building itself, however, is owned and managed by Sterling Properties, a nationally operating real estate firm. In December 1999, Sterling Joint Venture, LLC entered the Brownfields/Voluntary Cleanup Program to address the soil and groundwater contamination from historic activities.
Initial site assessments revealed a historical release of lube oil, tetrachloroethene and other hydrocarbons into the groundwater from two tanks located on-site. Sterling Joint Venture had its consultant remove the two tanks and remove contaminated soil during excavation. They performed additional investigations as well as free product recovery for several years. After the Missouri Risk-Based Corrective Action Technical Guidance was finalized, Sterling reevaluated the site and prepared a Tier I Evaluation Report.
The Tier I report indicated no complete exposure pathways and a groundwater use ordinance in effect in St. Louis. Groundwater beneath the site is not a source of drinking water, and the groundwater constituents do not exceed applicable Tier I
Risk-Based Target Levels for either non-residential or residential use in sandy soil. The site is now safe for non-residential use. Laclede Gas Building was recently posted for sale, but it is anticipated to remain a commercial office building.
This brings the total number of sites cleaned up under the Brownfields/Voluntary Cleanup Program to 320.
For more information, call the Department of Natural Resources’ Brownfields/Voluntary Cleanup Section at 800-361-4827
or 573-526-8913.
DEPARTMENT SIGNS AGREEMENT TO BRING BERRA CONSTRUCTION INTO COMPLIANCE WITH MISSOURI’S CLEAN WATER LAW
The Department of Natural Resources has reached
an agreement with Berra Construction, St. Louis,
to resolve water quality violations.
“The Missouri Department of Natural Resources’ agreement with Berra is a significant success in several aspects,” said Department of Natural Resources Director Doyle Childers. “The agreement increases Berra’s responsibilities to protect water quality during future development and requires them to correct problems previously ignored by the company. Berra has agreed to pay $595,000 in civil penalties and reimburse the state for its investigative costs.”
From 2003 through 2006, the defendants conducted land disturbance activities at three residential development construction sites in the St. Louis area. At all of these sites, the defendants failed to install and maintain proper best management practices to prevent run off of silt and sediment, as well as other violations of their permit conditions. The run off from the disturbed land entered waters of the state, which is a violation of Missouri Clean Water Law and the Clean Water Act.
The Department of Natural Resources, along with several other state and federal agencies, have entered into a consent decree with J.H. Berra Holding Company, J.H. Berra Construction Company, JHB Properties, Inc., JMB No. 2 LLC and CMB Rhodes LLC to resolve the violations. The consent decree establishes a new threshold for the construction industry to comply with the Missouri Clean Water Law when engaged in land disturbance activities.
The consent decree requires the defendants to develop storm water pollution prevention plans for each site. Storm water pollution prevention plans are required before beginning any construction activity to ensure the design, implementation, management and maintenance of best management practices are adequate to protect Missouri’s streams and lakes and to ensure that the project remains in compliance with Missouri water quality standards. Berra must obtain approval of the plans from the Department of Natural Resources before beginning any activity at a site.
The decree also requires the defendant to develop and implement a storm water training program that includes management,
storm water pollution prevention plan preparation and annual refresher training. This program must be reviewed and approved by
the Department of Natural Resources and the U.S. Environmental Protection Agency. This program will help to ensure that the defendants’ employees who are responsible for compliance have the knowledge and tools necessary. In addition, there must be at least one storm water compliance manager per construction site. The compliance manager must be a company employee who is storm water trained. The storm water compliance manager will be responsible for compliance with all storm water requirements at the site, including those of consultants or contractors.
The defendants must restore two waters of the state after they were damaged by fill material and sediment deposits. The defendants are also required to implement an EPA-approved restoration plan for fill material that was placed in Caulk’s Creek.
The defendants must also implement a department-approved remediation plan to remove sediment from Foxwood Estates Lake
and its tributaries connected to the Countryshire development.
The consent decree was a joint effort between the Department of Natural Resources, the EPA, the U.S. Department of Justice and the Missouri Attorney General’s Office to negotiate this agreement.
DEPARTMENT ENHANCES FOCUS ON METRO AREA CHALLENGES, NAMES
BRUCE HOLT AS NEW POLICY ADVISOR
The Department of Natural Resources announced that former Democrat State Representative Bruce Holt will serve as a special policy adviser, recognizing the unique environmental challenges facing the St. Louis metro area and Eastern Missouri.
“From our river valleys to the Ozarks, and from rural Missouri to the heart of our downtown communities, our state is full of natural resources, each with their own individual and diverse attributes,” said Gov. Matt Blunt. “Bruce recognizes the diversity of challenges faced by our communities as well as the vital role natural resources play in our state. I know he will do a great job working on important policy issues as well as reaching out to regional stakeholders to strengthen the lines of communication between the department and the community it serves.”
Holt will work in St. Louis as an assistant to the department’s deputy director for policy. He will work on policy issues related to growth, development and other urban environmental issues, as well as complement existing outreach efforts between the department and the St. Louis metro area.
Holt, of St. Peters, previously represented part of St. Charles County (District 17) in the Missouri House of Representatives. He currently serves as an alderman on the St. Peters city council. Holt
previously worked for more than 20 years as a union worker for a St. Peters’ homebuilder. He is a graduate of Orchard Farm High School in St. Charles County.
“I look forward to Bruce’s contributions on development and environmental quality issues in the St. Louis area and eastern Missouri,” said Doyle Childers, director of the Department of Natural Resources. “His past experience with city and state governments as well as labor will serve the department well as it deals with environmental challenges in the state’s largest metropolitan region.”
DEPARTMENT RELEASES LIST OF WELL DRILLING INDUSTRY CONTRACTORS WITHOUT PERMITS
The Department of Natural Resources announced several well drilling industry contractors no longer carry permits to perform
work in Missouri.
The contractors previously held a permit with the department to operate in Missouri as a contractor for water well, pump, heat pump or monitoring well installations.
There are many possible reasons why the individuals listed may not hold a permit. Those may include retirement, change in occupation or job duties, failure to apply for a renewal or enforcement actions taken against contractors who violated the Water Well Driller’s Act. The department is encouraging those who had a well drilled by someone included in the list to contact the department for further information.
The Well Driller’s Act became effective in 1986. It establishes minimum well construction standards and requires contractors to be permitted by the state. The law was created to protect Missouri groundwater from contamination resulting from improperly constructed wells. Improperly constructed wells may act as conduits for contaminants such as septic tank effluent. Contaminated groundwater exposes Missourians of all ages to serious health risks that can result from water borne diseases such as typhoid fever, dysentery, cholera, hepatitis and giardiasis.
Those contractors who no longer carry permits to work in Missouri include the following:
| Name | City/State | County |
| Stephen Baker | Ozark, Mo. | Christian |
| Adam Becknell | Alba, Mo. | Jasper |
| George Cole IV | Franklin, Tenn. | |
| Kimberly Piepmeier | Wellington, Mo. | Lafayette |
| Dixie Feth | Beaufort, Mo. | Franklin |
| Benjamin Ruck | St. Charles, Mo. | St. Charles |
| Leslie Jenkins | Hermitage, Mo. | Hickory |
| Ernest Jenkins | Hermitage, Mo. | Hickory |
| Jeff Glassbrenner | Lenexa, Kan. | |
| Myrna Rueff | Rolla, Mo. | Phelps |
| Jarrod Campbell | Macks Creek, Mo. | Camden |
| Levi Short | Lenexa, Kan. | |
| Alan Bonnot | Fenton, Mo. | St. Louis |
Jeff Davis |
Springfield, Mo. | Greene |
| Jeff Morris | Springfield, Mo. | Greene |
| Tim Dunlap | Millstadt, Ill. | |
| Lawrence Gottman, Jr. | Hannibal, Mo. | Marion |
| Wade Bolinger | West Des Moines, Iowa | |
| Joe Gueggenberger | Kansas City, Mo. | Jackson |
| Katherine Dietrich | St. Louis, Mo. | St. Louis |
| Cary Hirner | Kansas City, Mo. | Jackson |
| Jerry Bowling | Willow Springs, Mo. | Howell |
| Kelly Gunlock | Joplin, Mo. | Jasper |
| William Wallace | Overland Park, Kan. | |
| Matthew Hinten | Leslie, Mo. | Franklin |
| Peter Chase | Madison, Wis. | |
| Steven Waldrep | Tulsa, Okla. | |
| David Stous | Kansas City, Mo. | Jackson |
| Deborah Ballard | Kansas City, Mo. | Jackson |
| Donald Reece | Gladstone, Mo. | Jackson |
| George Conine | Buffalo, Mo. | Dallas |
| Mel Hancock | Grove, Okla. | |
| Glen Hollis, Jr. | Puxico, Mo. | Stoddard |
| Jon Abshier | Independence, Mo. | Jackson |
| Pierre Gotto | Millstadt, Ill. |
For more information on this list, please contact the department’s Wellhead Protection Section at 800-361-4827 or
573-368-2115.
EPA ENFORCEMENT ACTION TO PROTECT HINKSON CREEK IN COLUMBIA
A developer and a contractor will plant native trees, shrubs and grasses along the northern bank of Hinkson Creek in Columbia, Mo., and will pay a penalty of $146,833 for environmental harm they caused to the stream and a tributary.
The U.S. Environmental Protection Agency announced the settlement of Clean Water Act
violations with the developers of the Wal-Mart Supercenter and shopping center on Grindstone Parkway in Columbia.
The administrative penalty against THF Grindstone Development LLC and contractor Emery Sapp and Sons Inc., both of Columbia, is one of the largest for construction-related violations of the Clean Water Act ever imposed by EPA Region 7, which includes Missouri, Iowa, Kansas and Nebraska. The penalties were imposed for illegal discharges of sediment, earth, and concrete into an unnamed tributary of Hinkson Creek.
EPA determined that the construction site lacked proper erosion controls, leading to runoff of sediment into the Hinkson Creek tributary in violation of the state discharge permit and federal storm water requirements.
The U.S. Army Corps of Engineers notified EPA
that there were concrete culverts built directly onto
the banks and into the Hinkson Creek tributary
without a permit required by the Clean Water Act.
The illegal culverts, which increased the speed of
the stream, worsened existing erosion and sediment shifting problems.
EPA determined that the construction activities conducted by THF and Emery Sapp degraded environmental conditions in Hinkson Creek, which already had been classified by Missouri as impaired. Hinkson Creek was historically popular for its many recreational uses, but increased agricultural and urban runoff during the last decade caused the water
quality of Hinkson Creek to deteriorate as the stream bank eroded.
The settlement agreement requires THF and Emery Sapp to prevent further erosion by restoring two
acres of the Hinkson Creek stream bank near Scott
Boulevard with plantings estimated to cost $70,000.
COMMISSION APPROVES FUNDING FOR PROJECTS TARGETING
NONPOINT SOURCE POLLUTION
The Department of Natural Resources will distribute more than $6.5 million over the next five to seven years to help decrease agricultural nonpoint source pollution in selected watersheds. The Soil and Water Districts Commission approved 10 new Agricultural Nonpoint Source Special Area Land Treatment projects at its meeting on May 24.
Nonpoint source pollution is defined as pollution that cannot be traced to any one source and is more difficult to control. The Agricultural Nonpoint Source Special Area Land Treatment program allows county soil and water conservation districts to direct technical and financial assistance to landowners with land identified as having water quality impairments caused by agricultural nonpoint source pollution problems. The department’s Agricultural Nonpoint Source Special Area Land Treatment program provides funding and assistance for the projects that include incentives for reducing erosion, nutrient management, grazing management, irrigation management and riparian buffers. Projects are administered by local
soil and water conservation districts and funded by the one-tenth-of-one-percent parks, soils and water sales tax.
“The AgNPS SALT program has grown leaps and bounds since its start in 1997,” said Ken Struemph, environmental manager for the department’s Soil and Water Conservation Program. “Missouri citizens should be proud of the work that their local soil
and water conservation districts are doing to improve water quality.”
Districts receiving funding and assistance for Agricultural Nonpoint Source Special Area Land Treatment projects are Benton, Clinton, Cole, Macon, Montgomery, Osage, Pemiscot, Saline, Scott and Stoddard.
Since the first Agricultural Nonpoint Source Special Area Land Treatment projects were approved in 1997, 16 have been completed, and 64 are currently receiving funding and assistance. Ten new projects will begin on July 1 and will bring the total number to 74.
For more information, contact the Missouri Department of Natural Resources’ Soil and Water Conservation Program at
573-751-4932 or the department toll free at 800-361-4827.
MISSOURI SOIL AND WATER CONSERVATION DISTRICTS BENEFIT FROM $1.1 MILLION INCREASE
The Department of Natural Resources fiscal year 2008 budget, approved by legislators and signed by Gov. Matt Blunt, includes an increase of $543,143 for the state’s Soil and Water Conservation Program.
This additional money will fund soil and water conservation efforts through Missouri’s 114 Soil
and Water Conservation Districts. These districts
are located in 114 counties across the state.
The budget increase, in addition to redirecting $570,000 in matching grant funds, will add more than $1.1 million to districts over last year’s state funding for personnel that needs no matching requirement.
“This 16 percent increase of state funds for soil and water district staff will help improve the operation
of the districts,” said Bill Foster, director of the department’s Soil and Water Conservation Program. “This will help move our district employees nearer
to pay that is equitable with similar positions. These employees have worked hard to make Missouri a leader in soil and water conservation.” Missouri’s current rate of soil erosion is 5.3 tons per acres per year. That number is down from 10.9 tons per acre per year in 1982. Since 1982, Missouri has reduced its rate of soil erosion more than any other state.
The budget increase will provide more funds from the parks, soil and water sales tax for Soil and Water Conservation District Staff compensation while maintaining full funding for soil and water
conservation practices. The Department of Natural Resources will maintain all funding for Missouri’s Cost-share program, the Agricultural Nonpoint Source Special Area Land Treatment program
and the Loan Interest Share program.
Improvements for soil and water conservation
district staff include plans to offer a new uniform health insurance program for district staff with options for family coverage. Staff will now also
have more consistent job descriptions with salary ranges across Missouri’s 114 districts.
“These changes will help districts to retain staff,” Foster said. “Maintaining experienced staff is one more way that we hope to help the soil and water conservation districts serve Missouri citizens.”
Much of the success of the soil and water conservation programs can be attributed to the committed and ongoing support of Missouri citizens for the parks, soil and water sales tax.
“We estimate that our programs have helped save more than 148 million tons of soil from eroding from Missouri’s fields,” said Foster. With funding from the parks, soil and water sales tax, the department’s Soil and Water Conservation Program has provided approximately $413 million in financial incentives through 162,000 claims to Missouri landowners for voluntary soil conservation
efforts.
MISSOURI PROJECT WINS ENERGY STAR® AWARD FOR EXCEPTIONAL
ENERGY SAVINGS
A Missouri municipal utility and ethanol facility received an ENERGY STAR® award from the U.S. Environmental Protection Agency for reducing air pollution and greenhouse gas emissions. The award was announced at the 23rd Annual International Fuel Ethanol Workshop and Expo in St. Louis. The
ENERGY STAR® award recognizes Macon
Municipal Utilities for using Combined Heat and Power (CHP) to reduce energy use at its Macon Energy Center CHP.
While generating electricity for the utility, the system also generates steam for processes used at Northeast Missouri Grain’s ethanol production facility in Macon, using about 25 percent less fuel than separate on-site steam generation and purchased electricity.
“Combined Heat and Power systems like the one at Macon are highly efficient ways to generate electricity and thermal power from the same fuel source,” said Anita Randolph, director of the Missouri Department of Natural Resources’ Energy Center. “Missouri’s growing biofuels industry and utilities should take a close look at successful partnerships like this one, and consider combined heat and power systems and other innovative ways to save energy costs and reduce air pollution.” Similar combined heat and power systems, also known as ‘cogeneration’ plants, are being developed for an ethanol plant at Laddonia and a biodiesel facility near Nevada.
Dry mill ethanol plants are an excellent application for combined heat and power with their large electric and thermal loads. Macon Municipal Utilities installed a 10 megawatt natural gas-fired combustion turbine combined heat and power system with an estimated operating efficiency of 66 percent at the 45 million gallon-per-year ethanol plant operated by Northeast Missouri Grain, LLC. Compared to a conventional separate steam generation and electrical systems, the system reduces CO2 emissions by an estimated 28,200
tons per year. According to the U.S. Environmental Protection Agency, the estimated reduction is
equivalent to removing the annual emissions from more than 4,500 cars, or planting 7,000 acres of forest.
The department’s Energy Center is a nonregulatory state office that works to protect the environment and stimulate the economy through energy efficiency and renewable energy resources and technologies. Among its programs to help Missourians save energy, it assists industries with energy efficient improvements by helping fund energy assessment services by the Missouri Industrial Assessment Center, at the University of Missouri - Columbia. More
information about MU’s Industrial Assessment
Center is available by visiting their Web site at
http://iac.missouri.edu/.
GRAIN VALLEY HOME BUILDER GUILTY OF GIVING EPA FALSE DOCUMENT
Defendents of Woodbury Homes of Grain Valley pleaded guilty to a criminal charge of providing a
false document to the U.S. Environmental Protection Agency’s Region 7 headquarters in Kansas City, Kan.
The document, which the defendant provided to EPA during an enforcement investigation, falsely stated that Woodbury had applied for a storm water permit for residential development work in Grain Valley.
EPA and the defendant have agreed to recommend that the U.S. District Court for the District of Kansas impose a $15,000 fine and a $125 special assessment. Maximum penalties the court can impose are one year in prison, five years probation, a $200,000 fine and a $125 special assessment.
Principal owner of the company is David Ward,
of Grain Valley, who is also the principal owner of Ward Development and Investment Co. of Grain
Valley. Ward paid a $95,000 civil penalty last year for five federal Clean Water Act violations by Ward
Development at the same work site. The false
statement that a storm-water permit application
had been submitted was made by a Woodbury
Homes representative in an effort to reduce the Ward Development penalty.
Art Spratlin, EPA Region 7 director of the Water, Wetlands and Pesticides Division, praised Region 7 inspectors for their work in identifying the Clean
Water Act violations and the regional attorney’s
office for discovering the false statements.
”The public must be able to rely on the accuracy of environmental reports that companies are required
to give EPA,” Spratlin said. “When such reports
are intentionally falsified, EPA will not hesitate to
vigorously pursue criminal prosecution.”
A storm water discharge permit is required at construction sites because storm water runoff from these sites contains harmful pollutants that can be carried into lakes and streams. The civil violations by Ward Development included failing to install and maintain proper storm water control structures and carry out best management practices, failing to perform and document site inspections, discharging without a permit, and failing to develop an adequate storm water pollution prevention plan.
ENVIRONMENTAL EMERGENCY RESPONSE
The department's Environmental Emergency Response provides daily support and protection for the citizens of Missouri. On-scene coordinators are located throughout the state and available 24-hours a day, seven days a week to respond to hazardous substance spills. Some of the protection and services the department provides are:
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emergency response training and planning;
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advice on hazardous chemicals and technical expertise used to provide spill cleanup advice and oversight;
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coordinate private contractors to clean up hazardous material spills;
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ensure a proper environmental cleanup is completed;
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drug lab seizure assistance;
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Chemical Accident Prevention Program for businesses that use hazardous chemicals;
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Homeland security issues.
Environmental Emergency Response staff use specially designed vehicles that contain protective gear, air monitoring instruments, sampling equipment and spill cleanup equipment. The department's Environmental Emergency Response Team is funded from a hazardous waste generator fee. To report a hazardous substance spill call 573-634-2436.
Visit Calendar of Events at www.dnr.mo.gov/calendar/search.do for a complete list of Department of Natural Resources' events through the end of the calendar year.
Wellhead Protection Section to Hold Meeting on Well Driller Permit Requirements
Staff from the department’s Wellhead Protection Section will be conducting five stakeholder meetings for the purpose of obtaining comments on the proposed initial requirements for anyone who wishes to obtain a non-restricted permit under the Missouri Well Construction Rules.
The meetings will be held from 6 to 8 p.m. at the following locations
• July 24, 2007
Department of Natural Resources -
Southwest Regional Office
2040 W. Woodland,
Springfield, MO 65807
• Aug. 1, 2007
Department of Natural Resources - Division of Geology and Land Survey Annex Bldg.
111 Fairgrounds Rd, Rolla, MO 65401
• Aug. 14, 2007
Department of Natural Resources - Southeast Regional Office
2155 N Westwood Blvd, Poplar Bluff, MO 63901
• Aug. 28, 2007
Department of Natural Resources - Kansas City Regional Office
500 NE Colbern Rd, Lee’s Summit, MO 64086
• Sept. 11, 2007
Maryville University - University-Fenton Campus
Southwest County Center
964 South Hwy Drive, Fen ton, MO 63026 (Just west of I-270 at I-44)
For more information, call Sheri Fry of the Department of Natural Resources’ Wellhead
Protection Section at 573-368-2115. The draft rulemaking is available online at www.dnr.mo.gov/env/wpp/rules/wpp-rule-dev.htm
Nutrient Criteria Development Stakeholder Workgroup to Meet Aug. 7
The Nutrient Criteria Development Stakeholder Workgroup will hold a public meeting at 1 p.m.,
Aug. 7 at Department of Natural Resources’ Lewis and Clark State Office Building, 1101 Riverside Dr., Jefferson City.
For more information, call Mark Os born of the department’s Water Protection Program at
800-361-4827 or 573-751-1300.
State Oil and Gas Council to Meet Aug. 8
The Missouri State Oil and Gas Council will hold a public meeting at 10 a.m., Aug. 8 at the Department of Natural Resources’ Kansas City Regional Office, 500 NE Column Rd., Lees Summit.
For more information, call the Department of Natural Resources’ Division of Geology and Land Survey at 573-368-2143.
Hazardous Waste Management Commission to Meet Aug. 16
The Missouri Hazardous Waste Management Commission will hold a public meeting at 9 a.m., Aug. 16 at the Department of Natural Resources’ Conference Center, 1738 E. Elm St., Jefferson City.
For more information, call the Department of Natural Resources’ Hazardous Waste Program at
800-361-4827 or 573-751-2747.
Nutrient Criteria Development Stakeholder Workgroup to Meet Aug. 21
The Nutrient Criteria Development Stakeholder Workgroup will hold a public meeting at 1 p.m.,
Aug. 21 at USGS Research Center in Columbia.
For more information, call Mark Os born of the department’s Water Protection Program at
800-361-4827 or
573-751-1300.
Air Program Advisory Forum to Meet Aug 21
The Air Program Advisory Forum will hold a public meeting at 10 a.m., Aug. 21 at the Department of Natural Resources’ Conference Center, 1738 E.
Elm St., Jefferson City.
For more information, call the Department of Natural Resources’ Air Pollution Control Program
at 800-361-4827 or 573-751-7840.
Well Installation Board to Meet Aug. 24
The Missouri Well Installation Board will hold a public meeting at 10 a.m., Aug. 24 at 1711 Hwy 61 South in Hannibal.
For more information, call the Department of Natural Resources’ Wellhead Protection Program at
800-361-4827 or 573-368-2115.
Air Conservation Commission to Meet Aug. 30
The Missouri Air Conservation Commission will hold a public meeting at 9 a.m., Aug. 30 at the Quality Inn and Suites, 120 Lindsay Drive Hwy 36 in Hannibal.
For more information, call the Department of Natural Resources’ Air Pollution Control Program at 800-361-4827 or 573-751-4817.
RULES UPDATE
The Regulatory Agenda contains all environmental rule actions in progress and rule actions effective within the last three months within the Department of Natural Resources.
For more information, contact the Department of Natural
Resources' Air and Land Protection Division at
800-361-4827 or 573-751-6892. For the latest updates visit the Regulatory
Agenda Web page at www.dnr.mo.gov/dregs/ruleindex.htm
Air Pollution Control Program |
Open Burning Restrictions |
| Rule Number 010-02.100 – To consolidate four area specific state rules into a new statewide rule. | |
| Public comment ends: September 6, 2007 |
Public hearing: August 30, 2007 |
| Missouri Register Citation: Filed, not yet published |
Department contact: 573-751-4817 |
Air Pollution Control Program |
Open Burning Restrictions |
| Rule Number 010-03.030 – To consolidate four area specific state rules into a new statewide rule. | |
| Public comment ends: September 6, 2007 |
Public hearing: August 30, 2007 |
| Missouri Register Citation: Filed, not yet published |
Department contact: 573-751-4817 |
Air Pollution Control Program |
Open Burning Restrictions |
| Rule Number 010-04.090 – To consolidate four area specific state rules into a new statewide rule. | |
| Public comment ends: September 6, 2007 |
Public hearing: August 30, 2007 |
| Missouri Register Citation: Filed, not yet published |
Department contact: 573-751-4817 |
Air Pollution Control Program |
Open Burning Restrictions |
| Rule Number 010-05.070 – To consolidate four area specific state rules into a new statewide rule. | |
| Public comment ends: September 6, 2007 |
Public hearing: August 30, 2007 |
| Missouri Register Citation: Filed, not yet published |
Department contact: 573-751-4817 |
Air Pollution Control Program |
Open Burning Restrictions |
| Rule Number 010-06.045 – To consolidate four area specific state rules into a new statewide rule. | |
| Public comment ends: September 6, 2007 |
Public hearing: August 30, 2007 |
| Missouri Register Citation: Filed, not yet published |
Department contact: 573-751-4817 |
PUBLIC SERVICE ANNOUNCEMENTS
Public service announcements may be downloaded for use by any newspaper, magazine, newsletter, radio stations, etc. The department will continue to add new announcements to the Web each month. If you would like to receive new announcements by e-mail as they are made available, please contact kathy.deters@dnr.mo.gov and provide your publication name and e-mail address.
REGIONAL OFFICE MAP
Department of Natural Resources' Regional Offices provide field inspections, complaint investigation and front-line troubleshooting, problem solving and technical assistance on environmental and emergencies for the following programs:
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INTERNET ADDRESSES
Missouri Department of Natural Resources at www.dnr.mo.gov
Division of Environmental Quality at www.dnr.mo.gov/env
Air Pollution Control Program at www.dnr.mo.gov/env/apcp
Division of Geology and Land Survey at www.dnr.mo.gov/geology/
Energy Center at www.dnr.mo.gov/energy
Environmental Services Program at www.dnr.mo.gov/env/esp
Gateway Clean Air Program at www.gatewaycleanair.com
Hazardous Waste Program at www.dnr.mo.gov/env/hwp
Historic Preservation at www.dnr.mo.gov/shpo/index.html
Land Reclamation Program at www.dnr.mo.gov/env/lrp
Soil and Water Conservation Program at www.dnr.mo.gov/env/swcp
Solid Waste Management Program at www.dnr.mo.gov/env/swmp
State Parks, Division of at www.mostateparks.com
Water Protection Program - Drinking Water Branch at www.dnr.mo.gov/env/wpp
Water Protection Program - Water Pollution Branch at www.dnr.mo.gov/env/wpp
SUBSCRIBE ON THE WEB TO READ PROTECTING MISSOURI'S NATURAL RESOURCES NEWSLETTER ONLINE
Sign up now to receive a monthly e-mail reminder and link to the online version of Protecting Missouri’s Natural Resources newsletter. A subscription form is now available on the Web at www.dnr.mo.gov/env/pmnr/subscribe_pmnr.htm. People who subscribe will receive an e-mail containing a link to the latest issue of the newsletter.
If you subscribe to receive the online newsletter, please let us know to cancel your current hard copy subscription to save printing and mailing costs associated with the newsletter.
Contact us at 800-361-4827 or 573-751-6892 or send an e-mail to cancel your hard copy subscription to elisha.bonnot@dnr.mo.gov.
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