Public comments being accepted through Sept. .9
The Missouri Department of Natural Resources (DNR) intends to deny operating permits for Denali Water Solutions’ Evans and Gideon lagoons, located in Newton and McDonald Counties, respectively.
Notices of the proposed denials were published last week by the DNR, with a public comment period now open through 5 p.m., Sept. 9.
“The wastewater operating permit applications were received from Denali Water Solutions, LLC on August 30, 2023, for storage and land application of food processing residuals as fertilizer to agricultural fields located near the basins’ location at agronomic rates,” the DNR’s draft denial said.
The DNR proposes to deny the new permits because recently enacted legislation (Section 644.051.8(2), RSMo.) “requires a commingled offsite industrial wastewater or wastewater treatment residuals open storage basin or open storage vessel with a capacity of more than 10 million gallons to meet a buffer distance of no less than 3,500 feet from any public building or occupied residence.”
According to the DNR, Denali’s Evans and Gideon lagoons are both 14-million-gallon open earthen basins, with the nearest residence or public building located less than 3,500 feet from them.
The department invites the public to review and offer written comments on the proposed application denial until Sept. 9, 2024. All comments must be received or postmarked by 5 p.m. The public can review the draft Notice(s) of Intent to Deny below. Other information is available for review on the department’s Water Pollution Control Sites of Interest webpage at https://dnr.mo.gov/water/business-industry-other-entities/water-pollution-control-sites-interest.
• Gideon Lagoon: https://dnr.mo.gov/document/draft-notice-intent-deny-missouri-state-operating-permit-mo0140309-july-26-2024-0
• Evans Lagoon: https://dnr.mo.gov/document-search/draft-notice-intent-deny-missouri-state-operating-permit-mo0140325-july-26-2024
Written comments on the proposed denial of Denali’s Evans lagoon may be submitted by mail to Missouri Department of Natural Resources, Water Protection Program, ATTN: MO-0140325 Denali-Evans Lagoon Public Notice Comments, P.O. Box 176, Jefferson City, MO 65102-0176 or by email to publicnoticenpdes@dnr.mo.gov.
Comments on the DNR’s proposed denial of Denali’s Gideon lagoon, should be addressed ATTN: MO-0140309 Denali-Gideon Lagoon Public Notice Comments to the same physical or email address.
Please include the permit number with the comment: Denali-Evans Lagoon (MO-0140325) or Denali-Gideon Lagoon (MO-0140309).
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).
The proposed determinations are tentative pending public comment. The department will consider all written comments including emails, faxes and letters in the formulation of all final determinations regarding the applications.
