Strenghten Missouri's CWC - Support SB 569

The Missouri Clean Water Commission is a seven-member board appointed by the governor and confirmed by the Senate, which coordinates all aspects of water quality in the state. It implements federal Clean Water Law, permitting entities that are potential sources of pollution. The Commission is currently stacked with industry-connected individuals and not making decisions in the best interest of Missouri’s people and water.

In 2016, the Legislature passed HB 1713 which changed the membership makeup of the CWC, giving regulated entities a much larger voice and silencing members of the public. Since then, the CWC has approved permits that were the subject of massive and unified public opposition, including permits for entities proposing to operate within floodplains, and permits without a sufficient showing of the required continuing authority.

Balancing the industry interests will ensure just consideration of property values, water quality, public health, and industry needs. SB 569 will bring back the public majority requirement on the Commission by requiring four members from the public, one member representing agriculture, one representing industry or mining, and one representing publicly owned wastewater treatment works.

SB 569 creates balanced representation of interests by reinstating the public majority on the Clean Water Commission (CWC). Return the public majority to our Clean Water Commission. We respectfully urge you to vote "yes" on SB 569!

MO2025SB 569

Repeals and creates new provisions relating to the members of the Clean Water Commission

Last Action

Hearing Conducted S Commerce, Consumer Protection, Energy & the Environment Committee

Senate • Apr 08, 2025

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Introduced

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Dear (name and title inserted automatically),

Dear Chairman Cierpiot and Members of the Committee,

Missouri Coalition for the Environment is a statewide, advocacy nonprofit organization that works to empower Missourians to protect their environment and health. Our mission is to educate, organize, and advocate in defense of Missouri’s people and their environment. SB 569 seeks to reinstate the requirement that four of the seven seats of the Clean Water Commission be occupied by members of the public. SB 569 also seeks to ensure conflicts of interest do not lead to the approval of proposed permits or rules that would not be approved otherwise. Given the importance of balancing considerations of all interests, people, land, and wildlife impacted by water pollution permits and rules promulgated in furtherance of  Missouri’s Clean Water Law, MCE urges this committee to support SB 569.

The current statutory requirements that led to the current makeup of the Clean Water Commission has caused biased decisions that favor industry over all else when the Clean Water Commission is meant to enforce Missouri’s Clean Water Law and care about the public and the impacts of water contamination on Missouri.

In the spring of 2023, the Clean Water Commission denied the Department of Natural Resources’ request to promulgate a new rule governing cyanotoxins produced by algal blooms. Missouri Coalition for the Environment had petitioned DNR in November 2021 to promulgate a new rule given the impacts of Harmful Algal Blooms on people and wildlife. The petition was specifically tailored to addressing two types of cyanotoxins and the scope limited to lakes and reservoirs used for recreation in the state. Cyanotoxins associated with Harmful Algal Blooms can cause a variety of human health harms including “gastrointestinal issues, headaches, respiratory issues, and even liver and kidney damage.” The petition asked the DNR to adopt the EPA’s already existing criteria for these two cyanotoxins - microcystin and cylindrospermopsin. DNR hosted a public stakeholder meeting to discuss the criteria for the proposed rulemaking in June 2022 and also held an educational workshop about the petition in July 2022. DNR issued a regulatory impact report on the proposed rule and provided a sixty (60) day comment period. Four months after the comment period ended, DNR Water Protection Program held one last stakeholder meeting to discuss the proposed amendments to 10 CSR 20-7.031 to include water quality criteria for two cyanotoxins to protect recreational use of Missouri’s lakes and reservoirs. It was evidence that DNR was taking this petition seriously and made multiple opportunities available to interested parties to share their thoughts. Three weeks later on April 12, 2023, the proposed rulemaking was brought before the Clean Water Commission. Despite support from MCE, a permitted entity, and a concerned citizen, the CWC rejected the proposed rule with a 5-1 vote. Only one person opposed the rule of multiple industrial agriculture industry associations.

DNR continues to have information about HABs on their website, warning citizens to be careful in Missouri waterbodies in the summer months due to the harms that can come from exposure to them.

The example described above is just one example of a CWC decision in the last several years that was contrary to science, public outcry, and/or DNR support. Sixty organizations, farms, and businesses signed a letter in support of this legislative effort and MCE urges you to advance this bill. Missourians deserve a Clean Water Commission made up of individuals who can live up to the mandate of having a general interest in the public and interest and knowledge of conservation and water contaminants. While the current Commissioners may have this knowledge, they are often not voting in alignment with this knowledge; they are voting in alignment with other interests.

Please respond to the public outcry seeking to reinstate a public majority on the Clean Water Commission, to have the Governor be limited to appointees who do not have a substantial interest in companies permitted by the CWC, and to have a process for Commissioners to abstain from voting when they have a conflict of interest. As such, Missouri Coalition for the Environment asks that you vote “yes” on SB 569. Thank you for your time and consideration.

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