New lawmaker likes bill to restrict DNR

JEFFERSON CITY, Mo. -- Everyone has grievances with the government. But when state lawmakers have firsthand experience with what they see as obstructionist government, they try to effect change.

Rep. Kevin Engler was mayor of Farmington before he was elected to the state House last fall. Now one of 90 freshmen in the House, he thinks he can bring about some change by putting a tighter rein on the state Department of Natural Resources.

In 2000, with Engler at the helm, Farmington undertook a project to expand one of its sewer plants. The town had to pass a variety of hurdles to receive state approval for the sewer project. But at every point along the way, Engler said, the Department of Natural Resources put up another hurdle -- so much so that the project's cost jumped $1.5 million.

"They made us build a shelter over the sludge -- you know, the final product after you take everything out -- that cost us $150,000," Engler said. "Then we take the sludge, we take it out to fields with a sludge-slinger, we throw it all over the fields. But now it's important to keep the sludge dry before we do that?"

He quickly launches into another story to explain why the state needs to further restrict DNR's freedom.

'No scientific fact'

A local water district found it had a high level of electronucleides in its water supply, so DNR ordered it to lower the proportion, Engler said. But the department mandated that the high-electronucleide water not just be dumped into creeks. So the water district asked Farmington if it could pipe the high-electronucleide water to the new Farmington sewer treatment plant.

Engler said he rejected the idea because it would reduce the life expectancy of the Farmington plant.

"Then DNR said, 'You know what, you can probably just put it right in the creek,"' Engler said. "Arbitrary, no scientific fact -- just, 'Now you can put it in the creek."'

Stories like Engler's are driving legislation to restrict some of DNR's freedom. The House is expected to debate a bill this week that would require the department to issue cost-benefit analyses and regulatory impact reports before issuing rules. The proposal also would require the department to state a specific reason for denying a permit. Perhaps the most controversial part would place the burden of proof on the department when a rule is challenged.

Steve Mahfood, director of the Department of Natural Resources, said the protests against his agency are unfounded. He points to an article in last October's Governing magazine that showed Missouri ranks 50th in the nation in per-capita spending on the environment.

"I'm not proud of that necessarily, but it's in response to people saying we're out of control," Mahfood said.

He said the department already does cost-benefit analyses and regulatory impact reports before it issues rules, although not necessarily to the extent that the bill would mandate.

As for placing the burden of proof on the department when a rule is challenged in court, Mahfood said: "That's very difficult. It is a tremendous burden on protecting people's health and environment in the long run."

"We are doing our job according to Missouri and federal law and nothing more than that," Mahfood said. "We're definitely not what we're made out to be. Our regulations and our protections are good."

Nonetheless, many lawmakers have stories like Engler's that they say prove DNR to be out of control. They have pointed to delays of close to two years for companies trying to get operating permits. Rep. Peter Myers, sponsor of one of the bills, said the only things DNR should be issuing rules on are those that affect human health.

With Republicans firmly in control of both houses of the Legislature, the bill appears to be falling on more friendly ears than in years past.

"We have to make sure there are some checks and balances," Engler said. "We need DNR. We need to protect our environment, but we can't just let them go unchecked and let them have final authority to make any rules they want."

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Natural Resources bills are SB36 and HB215.

On the Net:

Missouri Legislature: http://www.moga.state.mo.us

Department of Natural Resources: http://www.dnr.state.mo.us