Current through September 24, 2024
(1) For an
individual application for a new or increased discharge, the applicant shall
notify the public of the application by posting a sign near the point of
entrance to such facility and within view of a public road. The sign shall
contain provisions as specified by the Commissioner. The sign shall be of such
size that is clearly visible from the public road. Also, the sign shall be
maintained for at least 30 days following submittal of the application to the
Division.
(2) Each completed
application (or request for permit action) shall be evaluated and a tentative
determination of whether to issue or deny a permit action shall be made. If a
tentative determination is made to issue a permit, then a draft permit shall be
prepared that includes, as applicable, proposed effluent limitations, a
proposed schedule of compliance, including interim dates and requirements, and
a brief description of any other proposed conditions. A rationale, as defined
in paragraph (3) of this rule, shall also be provided along with the draft
permit. The Commissioner may attach other relevant information as
necessary.
(3) For each
application, the Commissioner shall prepare a rationale that includes or
considers as appropriate:
(a) The type and
quantity of wastes, fluids, or pollutants which are proposed to be or are being
treated, stored, disposed of, injected, emitted, or discharged;
(b) A brief summary of the basis for the
draft permit conditions including references to applicable statutory or
regulatory provisions and relevant facts or data;
(c) Reasons why any requested variances or
alternatives to required standards do or do not appear justified;
(d) The location of the discharge or activity
described in the application;
(e) A
quantitative and qualitative description of the discharge described in the
application, which includes at least the following:
1. The rate or frequency of the proposed
discharge; if the discharge is continuous, the average and maximum daily flow
in gallons per day or million gallons per day;
2. For thermal discharges subject to
limitation, the average and maximum summer and winter temperature;
3. The average and maximum daily discharge in
pounds per day and/or concentrations in units of mass per volume of any
pollutants which are present in significant quantities or which are subject to
limitations or prohibition under the provisions of T.C.A. Title 69, Chapter 3,
Part 1 or this rule; and
4. Other
parameters for which control may be required by the Commissioner;
(f) Any calculations or other
necessary explanation of the derivation of specific effluent limitations and
conditions including a citation to the applicable effluent limitation
guideline, performance standard, reasons why they are applicable, or an
explanation of how the alternate effluent limitations were developed;
(g) Identification of outfalls, pollutants,
and the amount of pollutants disclosed by the permit applicant and within the
Department's reasonable contemplation;
(h) When the draft permit contains any of the
following conditions, an explanation of the reasons why such conditions are
applicable:
1. Technology-based limitations to
control toxic pollutants;
2.
Limitations on internal waste streams;
3. Limitations on indicator pollutants;
or
4. Limitations set on a
case-by-case basis;
(i)
The tentative determination regarding the discharge;
(j) A brief citation, including a brief
identification of the uses for which the receiving waters have been classified,
of the water quality standards and effluent standards and limitations applied
to the proposed discharge;
(k) A
fuller description of the procedures for the formulation of final
determinations than that given in the public notice including:
1. The beginning and ending dates of the
30-day comment period required by this rule;
2. The address where comments will be
received;
3. Procedures for
requesting a public hearing and the nature thereof; and
4. Any other procedures by which the public
may participate in the formulation of the final determinations;
(l) Name and telephone number of a
person to contact for additional information.
(4) The Commissioner shall ensure that the
public is notified that the following actions have occurred:
(a) A permit application has been tentatively
denied;
(b) A draft permit has been
prepared;
(c) A hearing has been
scheduled; or
(d) An appeal has
been granted.
(5) No
public notice is required:
(a) When a request
for permit modification, revocation and reissuance, or termination is denied
based on the Commissioner's determination that the request was not justified
(written notice of that denial shall be given to the requester and to the
permittee); or
(b) For minor permit
modifications which include corrections of typographical errors, requiring more
frequent monitoring or reporting, changing an interim compliance date, or
allowing a change of ownership.
(6) Public notices may describe more than one
permit or permit actions.
(7)
Public notice of the preparation of a draft permit (including a notice of
intent to deny a permit application) required under this rule shall allow at
least 30 days for public comment.
(8) Public notice of a public hearing shall
be given at least 30 days before the hearing. Public notice of the hearing may
be given at the same time as public notice of the draft permit, and the two
notices may be combined.
(9) To
inform interested and potentially interested persons of the proposed discharge
and of the tentative determinations regarding it, public notice shall be
circulated within the geographical area of the proposed discharge by the
following means:
(a) For major facility NPDES
permits and public hearings, publishing in local daily or weekly newspapers and
periodicals, or, if appropriate, in a daily newspaper of general
circulation;
(b) For all permits,
by mailing (either electronically or physically) a copy of the notice to the
following persons:
1. The applicant;
2. Any other agency that the Director knows
has issued, or is required to issue other permits for the same facility or
activity;
3. Federal and state
agencies with jurisdiction over fish and wildlife resources and historic
preservation;
4. Any affected
states and Indian Tribes;
5. Any
state agency responsible for plan development under CWA section 208(b)(2),
208(b)(4) or 303(e), the U.S. Army Corps of Engineers, and the U.S. Fish and
Wildlife Service;
6. Any user
identified in the permit application of a privately owned treatment
works;
7. Persons on a mailing list
developed by:
(i) Including those who request
in writing to be on the list;
(ii)
Soliciting persons for "area lists'' from participants in past permit
proceedings in that area; and
(iii)
Notifying the public of the opportunity to be put on the mailing list through
periodic publication in the public press, newsletters, environmental bulletins,
or state law journals. The Commissioner may update the mailing list from time
to time by requesting written indication of continued interest from those
listed. The Commissioner may delete from the list the name of any person who
fails to respond to such a request;
8. To any unit of local government having
jurisdiction over the area where the facility is proposed to be located;
and
9. To each state agency having
any authority under state law with respect to the construction or operation of
such facility; and
(c)
If determined necessary by the Commissioner, any other method reasonably
calculated to give actual notice of the action in question to the persons
potentially affected by it, including press releases, website postings, signs,
or any other forum or medium to elicit public participation.
(10) Public notice of draft
permits or proposed permit denials shall include the following:
(a) Name and address of the Division, and the
phone number and electronic mail address of the assigned permit
writer;
(b) Name and location
address of each applicant;
(c)
Brief description of each applicant's activities or operations which result in
the discharge described in the application or are adjacent to waters (e.g.,
municipal waste treatment plant, steel manufacturing, drainage from mining
activities);
(d) Name of waterway
to which each discharge is made and a short description of the location of each
discharge on the waterway indicating whether such discharge/activity is new or
existing;
(e) A statement of the
tentative determination to issue or deny a permit for the discharge described
in the application;
(f) A brief
description of the procedures for the formulation of final determinations,
including the minimum 30-day comment period required by this rule and any other
means by which interested persons may influence or comment upon those
determinations;
(g) Instructions
for finding additional information online;
(h) Address and phone number of the premises
at which interested persons may obtain further information, request a copy of
the draft permit, request a copy of the rationale, and inspect and copy forms
and related documents; and
(i) Any
other information that the Commissioner deems necessary.
(11) Interested persons may submit written
comments on the tentative determinations within either 30 days of public notice
or such greater period as the Commissioner allows in writing. All written
comments submitted shall be retained and considered in the final determination.
The Commissioner shall give any state or interstate agencies whose waters will
be affected a written explanation of the decision not to incorporate any
written recommendation made by that state or agency.
(12) Interested persons may request in
writing that the Commissioner hold a public hearing on any application. The
request shall be filed as soon as practicable within the period allowed for
public comment and shall indicate the interest of the party filing it and the
reasons why a hearing is warranted. If there is a significant public interest
in having a hearing to address water quality concerns, the Commissioner shall
hold one in the geographical area of the proposed discharge. Instances of doubt
should be resolved in favor of holding the hearing.
(13) Special provisions regarding public
notices for public hearings.
(a) In addition
to the public notice procedures of paragraph (9) of this rule, notice of public
hearing shall be sent to all persons who received a copy of the notice or
rationale for the application, any person who submitted comments on the draft
permit action, all persons who requested the public hearing, and any person who
specifically requests a copy of the notice of hearing.
(b) Each notice of a public hearing shall
include at least the following contents:
1.
Name and address of the Division, and the phone number and electronic mail
address of the assigned permit writer;
2. Name and address of each applicant whose
application will be considered at the hearing;
3. Name of waterway to which each discharge
is made or to which each activity is adjacent and a short description of the
location of each discharge on the waterway indicating whether such
discharge/activity is new or existing;
4. A brief reference to the public notice
issued for each application, including identification number and date of
issuance;
5. Information regarding
the time and location for the hearing;
6. The purpose of the hearing;
7. A concise statement of the issues raised
by the persons requesting the hearing;
8. Address and phone number of premises at
which interested persons may obtain further information, request a copy of each
draft permit, request a copy of each fact sheet, and inspect and copy forms and
related documents;
9. A brief
description of the nature of the hearing, including the rules and procedures to
be followed; and
10. Any other
information deemed necessary by the Commissioner.
(14) Public Notice of
Commissioner's Decision to Issue or Deny a Permit.
The Commissioner shall notify the applicant in writing of the
final permit decision. The Commissioner shall provide public notice of the
final permit decision by posting a notice on the Division's website including a
copy of the final permit. The Commissioner may also distribute the notice by
any other means reasonably calculated to inform interested persons, including
any person who participated in the public comment period, of the final permit
decision.
Authority: T.C.A. §§
4-5-201,
et seq. and 69-3-101, et seq.
