(1) Any person who encounters ground water
that may meet the requirements for Site Specific Impaired, may petition the
board to adopt a rule reclassifying that ground water as Site Specific
Impaired, using the process set forth in this rule. Any costs involved in
making the petition shall be borne by the petitioner. The petition shall
include the following, unless it is determined by the department in writing
that the site conditions render any of them unnecessary:
(a) An assessment of the horizontal and
vertical extent of the contamination;
(b) An evaluation of the hydrogeology of the
area including but not limited to the ground water flow rate and direction,
permeability, recharge area, ground water classification and location of local
water wells, springs and seeps;
(c)
An evaluation of the area geology including, but not limited to, soil type,
soil permeability, soil porosity, depth to bedrock, and identification of
geologic formations;
(d) A
description of the corrective actions or response actions taken or
proposed;
(e) The chemical
characteristics of the constituents(s) including, but not limited to, the
constituent's solubility, mobility, toxicity, and carcinogenicity, the nature
of and the level of constituents to remain or be present in the ground water
and the calculations and rationale used in the determination;
(f) A feasibility study, which evaluates
clean-up alternatives, the cost, and the time to complete each
alternative;
(g) An evaluation of
current and reasonably anticipated future ground water use within the proposed
site specific impaired area and within a one-half (1/2) mile radius of the
proposed Site Specific Impaired area; the impact of conduit flow shall be
evaluated in karst areas;
(h) An
evaluation of current and reasonably anticipated future land uses within the
proposed Site Specific Impaired area and within a one-half (1/2;) mile radius
of the proposed Site Specific Impaired area;
(i) An evaluation of the potential of the
constituent to migrate through soil and ground water to:
1. homes;
2. buildings;
3. surface waters;
4. subsurface utilities; and
5. adjacent properties.
(j) A description of any existing or proposed
monitoring program to observe constituent levels in soil and ground
water;
(k) Evaluation of the
existing or anticipated actual exposure pathways (inhalation, ingestion, dermal
contact, etc.) of the constituents and an assessment of the human health risks
presented by exposure to the constituents as well as the impact, if any, of the
constituents on fish and aquatic life pursuant to this Chapter;
(l) Consideration of the classification in
Rule0400-40-03-.07 that would apply to the ground water at the site if it were
not contaminated;
(m) Analysis of
the benefits of the restored resource;
(n) A description of how and when the
contamination occurred, if known;
(o) A plat map with the proposed
site-specific ground water area superimposed on it that shows all property
owners for properties included in the Site Specific Impaired classification
with contact information for owners of each property and identification and
contact information for the parties paying property taxes on each property in
the proposed Site Specific Impaired classification area; and
(p) Other items as requested by the
department associated with the evaluation of the petition.
(2) Because Site Specific Impaired
classification 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. In addition to the
requirements for public input under the Uniform Administrative Procedures Act,
T.C.A. §§
4-5-201 et seq., the petitioner
shall, at a minimum, notify the party of record paying property taxes for each
property subject to the Site Specific Impaired classification of the petition
and the process for submitting comments on said petition. The petitioner shall
provide a copy of such notification to the department.
(3) In the evaluation of a petition to
classify ground water as Site Specific Impaired, the board may consider the
following:
(a) the extent of any threat to
human health or safety;
(b) the
extent of damage to the environment;
(c) technology commercially available to
accomplish restoration;
(d) a
comparison of the environmental and economic costs and benefits to be derived
from ground water quality restoration with the environmental and economic costs
and benefits to be derived from classification as Site Specific
Impaired;
(e) analysis of the
restored resource;
(f) the point of
classification change;
(g)
contaminant or pollution source identification and cleanup;
(h) public comments; and
(i) other appropriate information presented
in the petition.
