Constructing a new public water system or expanding, altering or modifying an existing public water system must meet the department’s Design Standards. The department will consider requested deviation from the mandatory “shall” or “must” requirements, based on the main purpose of the proposed water works, the local conditions governing their functions and operation. Reasons for an exemption request may include, but are not limited to, the following:

  • Proposal provides equivalent or superior proven performance.
  • New technology is available; or
  • Excessive cost of construction relating to the necessity for upgrading existing infrastructure that is within its design life.

The department will approve or deny exception requests based on justification and supporting documentation provided by the applicant and the engineer. Decisions may be subject to past experience, risk-based analysis and the applicant’s prior compliance history. In no case will an exception be approved if granting the exemption would pose a proven public health risk. 

Permit Length

The exception will remain in effect until the department determines it no longer meets the requirements. 

Laws, Rules and Regulations

How to Apply

Applications

Fact Sheets

Fees

No fees to apply for this exemption request. 

However, there are annual drinking water fees, which include primacy, laboratory certification and services, administration, and operator certification fees. These fees are based on type of facility and population.

Timeline/ Process

No specific timeline is required to issue or deny this permit. Applications should be submitted at least 30 working days prior to the date on which action by the department is desired. The department will request additional information if the application is not complete, which may delay the review process.

Public Participation

No public participation process is required for this exception request.

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Requirements

Renewal

If construction is not commenced two years after the date of issue or there is a halt in construction of more than two years, the approval to construct will be void unless an extension of time has been granted by the department. To request an extension of time, please contact the department's Public Drinking Water Branch.

Resources

The Design Standards Exception Request form should be submitted along with or in reference to a construction permit.

Construction Permit

A water system must obtain a construction permit from the department prior to construction of a new public water system, expansions, alterations or modifications of an existing public water system. This includes waterline extensions, waterline replacements, drilling a water supply well, constructing a storage tank, adding a disinfection system, treatment changes, building a pump station or other improvements or modifications.

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