Design Guide for Community Water Systems - The Water, Sanitation ...

What Process is Available for Appealing the Department’s Decision to Reject anAlternative Design?While the review of most project and construction documents proceeds in a relativelyinnocuous manner, culminating in an approval being issued, there are times when the PDWPstaff engineer and the water system or its consultant may be unable to reconcile a difference.The water system owner/operator may pursue a formal appeal of the department’s decision to theSafe Drinking Water Commission, through the authority provided affected parties in section640.010.1, RSMo; however, the PDWP recommends that the following dispute resolutionprocess be followed prior to resorting to formal procedures:1. If the PDWP staff engineer determines that the proposed design does not meet regulatorycriteria or acceptable engineering practices as established in this document, the PDWPengineer will explain, in writing, the basis for the decision.2. If the system or its design engineer or consulting engineer disagrees with the PDWP staffengineer’s written conclusion, the design or project engineer must submit the basis oftheir disagreement, in writing, to the PDWP staff engineer.3. The PDWP staff engineer will share the information submitted by the design or projectengineer with management and other professional engineers in the PDWP and solicittheir opinions regarding the design or project engineer’s response.4. The PDWP’s position on the specific issue will be established by the program director.The PDWP program director’s response will be provided to the water system and itsengineer(s) within 30 calendar days of the receipt of the system’s response identified initem 2, above.If the water system’s owner/operator or consulting engineer remains in disagreement with thedepartment’s position, a formal appeal process could be initiated, as applicable, under theauthority provided in section 640.010.1, RSMo.Aug. 29, 2003Page vii