Rep. Deaton letter signed by Rep. Cupps, Sen. Moon, other state legislators

By Sheila Harris sheilaharrisads@gmail.com

In an April 4 letter addressed to the director and members of the Missouri Fertilizer Control Board (MoFCB), six Missouri legislators — including two representing Barry County — urged the MoFCB to reconsider the practice of issuing fertilizer permits on behalf of the state’s fertilizer control program (FCP) for materials containing sludge, biosolids or other process wastes intended for land-application.

State Rep. Dirk Deaton, R-Noel, sent the letter, signed by fellow State Reps. Scott Cupps, R-Shell Knob, and Ben Baker, R-Neosho, in southwest Missouri, and Ed Lewis, R-Moberly, who represents District 6 in northeast Missouri where two Denali storage lagoons are located.

Deaton’s letter to the MoFCB was also signed by State Sen. Mike Moon, R-Ash Grove and State Sen. Jill Carter, R-Granby.

Part of the legislators’ concern, states Deaton’s letter, is that a fertilizer distribution permit exempts the sludge, biosolids and process wastes from the need to obtain a no-discharge land-application permit from the Missouri Department of Natural Resources (DNR). As such, the materials are not subject to DNR permit conditions.

“According to 266.336 (2) (7) RSMo, [the MoFCB is] required to determine the market value of a proposed fertilizer to assess potential damages due to deficiency,” Deaton’s letter said. “However, sludges, biosolids, or other process wastes do not have significant market value and are not sold in the same manner as fertilizers that are distributed and sold by retailers across the state.

“[Currently], the only restriction [on fertilizer permit holders] is the Missouri Clean Water Law in chapter 644 RSMo, which prohibits discharge into waters of the state (WOTS).”

Deaton said there had been multiple significant violations of the Missouri Clean Water Law in recent months due to the over-application of sludges, biosolids, or other process wastes which were land applied under a FCP permit.

He cited, in particular, an incident on Sept. 7, 2022, in which a notice of violation was issued relating to 36 truckloads, or approximately 165,000 gallons, of waste-activated sludge applied to five acres that entered WOTS.

The legislators urged the MoFCB to immediately address their concerns.

In a telephone conversation with the Cassville Democrat, MoFCB director Steve Taylor said that he and the Board had received Deaton’s letter.

“We are planning to have a meeting with legislators on April 11 or 12 to discuss the matter,” he said.