Under Missouri Revised Statutes 644.061, RSMo, the Missouri Clean Water Commission has the authority to grant an individual variance, or temporary reprieve, from the requirements of the Missouri Clean Water Law or rules, regulations, limitations, standards or orders. This is allowed if compliance would result in an arbitrary or unreasonable taking of property, or the practical closing and elimination of any lawful business, occupation or activity, without sufficient corresponding benefit or advantage to the people. However, a variance cannot be granted if the effect of the variance would endanger public health or cause significant harm to aquatic life or wildlife.
When deciding under what conditions and to what extent a variance may be granted, the commission carefully considers the advantages and disadvantages to the applicant, as well as to those affected by water contaminants emitted by the applicant. If the Missouri Department of Natural Resources' recommendation to the commission is to deny a variance request, the applicant is informed and offered an opportunity for a hearing. If the department's recommendation is to approve the variance and the commission takes preliminary action to approve, the department invites the public to review and offer comments during a 30-day public comment period.