DNR still working on ‘sludge’ permits

Some companies may be operating under regulations with previous permits

BY SHEILA HARRIS sheilaharrisads@gmail.com

According to the Department of Natural Resources, land-application of waste processing residuals – also known as “sludge” — may be occurring, but that does not necessarily mean it’s unauthorized.

In response to a Barry County resident’s concerns about land-application near his residence, Heather Peters, with the Water Protection Section of the Missouri Department of Natural Resources (DNR), said some entities may still be permitted to apply the residuals.

“Denali Water Solutions, Bub’s, Inc. and Reed Environmental do not have current enforcement discretion from the DNR to land apply industrial wastewater and wastewater treatment residuals,” Peters said. “But, they could work [or be working] for an entity that still has a permit or the land application enforcement discretion letter [from the DNR].”

According to Peters, nothing has changed with the permitting status of companies who are land-applying industrial food-processing waste.

“We have not yet issued any land application permits under the new [state] regulations,” Peters said.

The regulations referenced by Peters went into effect on July 9, 2024, when former Gov. Mike Parson signed House Bill 2134/1956 (the ‘Sludge Bill”) into law. The bill effectively closed a loophole that once allowed meat-processing sludge to be land-applied under a permit from the Missouri Fertilizer Control Board.

Included in the new statutory regulations, which will be enforced by the DNR, are details such as setback requirements for sludge storage basins and the requirement for a nutrient management plan for land-applied residuals.

Peters said her department is actively working on the new permit applications for the land application of processing waste, but does not yet have one that satisfies all of the department’s requirements.

According to Peters, the land application regulations being developed are in response to the state statute and are not subject to EPA approval.

“The change in federal administration is not expected to change our efforts on the land application of industrial wastewater and wastewater treatment residuals,” she said, “As we work through our rulemaking and permit development, all aspects of the draft documents are open for comment, including [the] management or regulation of PFAS.”

When permit details are finalized, the DNR will place the permits on public notice to give residents a chance to voice their questions and concerns about the proposed permits. The stakeholder engagement process will help determine the final permits, Peters added.

According to Peters, when the new land-application permits are in place, every permitted field will be displayed in her department’s mapping system.

“At this time, we don’t have [that] ability,” she said.

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