Current through September 24, 2024
(1) Purpose and
Intent
(a) It is one of the primary goals of
the Tennessee Water Quality Control Act, T.C.A. §§
69-3-101 et seq. (the "Act") to
protect our valuable ground water resource. This rule classifies ground water
across the state based on the factors stated in T.C.A. §
69-3-105(a)(2) of
the Act and establishes ground water quality criteria. The quality of ground
water varies in Tennessee. Some ground water is sufficient to be used by our
citizens directly as a drinking water supply with limited or no treatment.
Other ground water would require more extensive treatment before it could be
used as a water supply. Further, some ground water may be of such value as to
warrant special protection. The board recognizes that some water below the
surface of the ground may be present in a zone of aeration between ground
surface and the water table. The zone of aeration is where treatment from
household septic systems occurs and water in the zone of aeration is not
classified as ground water in these regulations. Perched water above the zone
of saturation may, in some areas, be used as a water supply or may migrate to
either ground water or surface water and is included in these regulations to
protect for its direct use or impact on ground water or surface water.
Additionally, some ground water has levels of naturally occurring constituents
that make the resource unusable as a drinking water supply.
(b) The board recognizes these rules apply to
both permitting activities and response actions that involve water beneath the
surface of the ground. The permitting of underground injection is governed by
Chapter0400-45-06.
(c) These rules
provide appropriate flexibility in the regulatory process to protect our ground
water resource and to allow the productive use of land. Reuse of brownfield
areas is encouraged and reduces the use of greenfield areas.
(d) The board recognizes that several
divisions within the department have a role in protecting ground water
resources. It is not the intent of these rules to change the responsibilities
of those programs. It is, however, the intent of these rules to provide a basis
for decisions involving ground water that may be applied by all divisions of
the department. The board does not intend these rules to affect in any way the
ability of the State to seek natural resource damages from responsible parties
when ground water has been contaminated by human activity.
(e) Ground water that enters a stream or
other water classified as surface water becomes surface water and is subject to
respective criteria applicable to that water. The board expects that the
department will use prudent judgment where ground water mixes with water on the
surface of the ground.
(2) Definitions
(a) "Area of Control" means a volume
designated by the commissioner underlying or surrounding a site, including the
zone of aeration and the zone of saturation, containing water, some of which
the commissioner has determined not to meet applicable criteria.
(b) "Ground Water" means water beneath the
surface of the ground within the zone of saturation, whether or not flowing
through known and definite channels.
(c) "Perched water" means water that
accumulates above an aquitard that limits downward migration where there is an
unsaturated interval below it, between the aquitard and the zone of
saturation.
(d) "Point of
Classification Change" means the boundary of the volume within which ground
water is classified as Site Specific Impaired as established under Rule
0400-40-03-.09.
(e) "Response
action" means a clean up, remedial action, remedy, remedial investigation or
other action taken by the department to address the presence of contaminants at
levels that have been determined by the Department to require an appropriate
response.
(f) "Zone of Aeration"
means a subsurface zone extending from the water table to the surface of the
land.
(g) "Zone of Saturation"
means a subsurface zone below the water table in which all of the
interconnected voids and pore spaces are filled with water.
(3) Water in the Zone of Aeration
Water in the zone of aeration is not defined as ground water
in this rule, but it may occur as perched water. This perched water may be
above ground water of any of the classifications used in this rule. Perched
water is protected under this rule in accordance with its use as
follows:
(a) Perched water that is
used for drinking water or reasonably anticipated to be used as a drinking
water supply shall meet the criteria listed for General Use in paragraph (2) of
Rule 0400-40-03-.08. Other perched water shall not contain constituents, other
than of natural origin, that cause or are reasonably likely to cause a
violation of criteria of underlying ground water or surface water where the
perched water enters those waters.
(b) Except for naturally occurring levels,
perched water shall contain no other constituents at levels and conditions that
pose an unreasonable risk to public health or the environment.
(c) If perched water, such as in a cave
system, is habitat for fish and aquatic life, it shall contain no constituents
except for naturally occurring substances at levels and concentrations that
violate the criteria of paragraph (3) of Rule 0400-40-03-.03 for fish and
aquatic life.
(4) Water
below the surface of the ground is classified as follows:
(a) Special Source Waters
This is ground water or perched water with exceptional
quality or quantity, which may serve as a valuable source for water supply or
which is ecologically significant.
When the board finds water to be Special Source Water, then
through the rulemaking process, the board will amend these rules to include the
specific location and the boundaries of ground water or perched water
designated as Special Source Water. To initiate this process, a petition shall
address the factors listed below for board consideration. Any cost involved in
making the petition shall be borne by the petitioner. In making this decision,
the board may consider the following factors and relevant public input:
1. The vulnerability of the water in the
proposed area to contamination due to hydrogeologic characteristics;
2. The number of persons or the proportion of
the population using the water as a drinking water supply;
3. Existing water quality in the proposed
Special Source Water area;
4. An
evaluation of the ecological and environmental impact should the quality of the
Special Source Water be compromised; and
5. Other pertinent information as deemed
necessary by the petitioner, department, or board. Because such action is a
rulemaking procedure, public input may be made as provided in the Uniform
Administrative Procedures Act, T.C.A. §§
4-5-201 et seq., but not as a
contested case under T.C.A. §§
4-5-301 et seq.
(b) General Use Ground Water
Except for ground water in areas that have been designated as
Special Source Water, Site Specific Impaired Ground Water, or meet the
definition of Unusable Ground Water, all ground water is designated General Use
Ground Water.
(c) Site
Specific Impaired Ground Water
This is ground water that has been contaminated by human
activity and the board finds that either it is not technologically feasible to
remediate the ground water to the criteria required by other classifications or
it is not reasonable to remediate to that criteria based on information
provided in accordance with Rule 0400-40-03-.09. Ground water shall be
classified as Site Specific Impaired upon approval of a petition to the Board
of Water Quality, Oil and Gas and completion of the rulemaking process to amend
these rules to identify the reclassified ground water. When ground water is
reclassified to Site Specific Impaired the areal extent of the Site Specific
Impaired Ground Water shall be delineated. The boundaries of the Site Specific
Impaired Ground Water cannot extend beyond the perimeter and depth investigated
with an appropriate safety factor as determined under Rule 0400-40-03-.09.
Figures which clearly depict the horizontal and vertical boundaries of the Site
Specific Impaired Ground Water must be submitted to the department in the
plans/reports required by Rule 0400-40-03-.09.
(d) Unusable Ground Water Ground water in the
following areas are classified as Unusable Ground Water:
1. A "High Dissolved Solids Zone" is an area
in which ground water has naturally occurring total dissolved solids of more
than 10,000 ppm.
2. A "Historical
Injection Zone" is an area in which the ground water and the injection zone
designated to receive fluids and other substances from deep well injection
initiated prior to September 1985 and operated under compliance with the
Department at the time of injection is no longer subject to injection. The
certification as a historical injection zone subclass of Unusable Ground Water
does not provide authorization for future injection activities and shall not be
construed as Class I zone designation under Chapter 0400-45-06, Underground
Injection Control. The zone may be subsequently considered for Class I zone
designation under that Chapter provided it meets the criteria based on
naturally occurring conditions and not from changes as a result of the
previously injected fluids.
3. A
"Class I Injection Zone" is an area in which ground water has been demonstrated
by a permit applicant as a part of a Class I operation under Chapter
0400-45-06, Underground Injection Control, to be suitable for Class I
injection.
4. A "Class II or III
Injection Zone" is an area in which ground water is mineral, hydrocarbon or
geothermal energy producing, or has been demonstrated by a permit applicant as
a part of a permit application for a Class II or III operation under Chapter
0400-45-06 Underground Injection Control to contain minerals or hydrocarbons
that, considering their quality and location, are expected to be commercially
producible. The designation as Class II or III injection zone subclass of
Unusable Ground Water shall not be construed as a Class I zone designation
under Chapter 0400-45-06, Underground Injection Control.
5. An "Acid Production Zone from Mining
Activities" is an area in which ground water occurs within an excavated area
where reaction with naturally occurring minerals generates acid rock drainage
or acid mine drainage. An excavated area may be a surface or underground mined
area as well as a subsidence area whether or not the mined area is backfilled.
Ground water beyond the excavated area is classified as described elsewhere in
this rule.
Authority: T.C.A. §§
69-3-101 et seq. and 4-5-201 et
seq.
