(1) When a permit
is granted it shall be subject to the provisions of the Act, these rules, and
any special terms or conditions the Commissioner determines are necessary to
fulfill the purposes or enforce the provisions of the Act.
(a) The terms and conditions of each permit
shall ensure compliance with applicable effluent limitations, including
schedules of compliance, promulgated by the Board. If more stringent effluent
limitations are necessary to implement applicable water quality standards, to
avoid conflict with an approved area-wide waste treatment management plan, or
to comply with other state or federal laws or regulations, then they should be
imposed in the permit.
(b) If the
permit is for the discharge of pollutants from a vessel or other floating
craft, the permit shall ensure compliance with any applicable regulations
promulgated by the Secretary of the department in which the Coast Guard is
operating, establishing specifications for safe transportation, handling,
carriage, storage, and stowage of pollutants.
(c) In the application of effluent standards
and limitations, water quality standards, and other legally applicable
requirements, the Commissioner may, for each issued permit, specify average and
maximum daily quantitative limitations for the level of pollutants in the
authorized discharge in terms of weight (except pH, temperature, radiation, and
any other pollutants not appropriately expressed by weight). The Commissioner
may, in addition to the specifications of daily quantitative limitations by
weight, specify daily average and daily maximum concentration limits for those
pollutants subject to limitation. In addition, limitations expressed in other
terminology may be required when necessary to protect water quality or to
describe adequate operation of a treatment facility.
(2) The following standard conditions, where
appropriate, apply to NPDES permits:
(a) Duty
to comply.
The permittee shall comply with all conditions of this
permit. Any permit noncompliance constitutes a violation of the Act and is
grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or denial of a permit renewal application.
(b) Duty to reapply.
If the permittee wishes to continue an activity regulated by
this permit after the expiration date of this permit, the permittee shall apply
for and obtain a new permit.
(c) Proper operation and maintenance.
The permittee shall at all times properly operate and
maintain all facilities and systems of treatment and control (and related
appurtenances, including but not limited to collection and conveyance systems)
which are installed or used by the permittee to achieve compliance with the
conditions of this permit. Low pressure pumps, low pressure tanks, septic tank
effluent pumps (STEP), STEP tanks, and septic tank effluent gravity tanks are
integral to the treatment and conveyance of sewage in a low-pressure system
design, and shall be owned or under control of the municipality, other body of
government, public utility district, or a privately owned public utility
demonstrating lawful jurisdiction over the service area. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the operation of backup or
auxiliary facilities or similar systems, which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions
of the permit.
(d) Permit
actions.
This permit may be modified, revoked and reissued, or
terminated for cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a notification of
planned changes or anticipated noncompliance does not stay any permit
condition. Causes for such permit action include but are not limited to the
following:
1. Violation of any terms
or conditions of the permit;
2.
Obtaining a permit by misrepresentation or failure to disclose fully all
relevant facts; and
3. A change in
any condition that requires either a temporary or permanent reduction or
elimination of the permitted discharge.
(e) Property rights.
This permit does not convey property rights of any sort, or
any exclusive privilege.
(f) Duty to provide information.
The permittee shall furnish to the Commissioner, within a
reasonable time, any information which the Commissioner may request to
determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The
permittee shall also furnish to the Commissioner, upon request, copies of
records required to be kept by this permit.
(g) Inspection and entry.
The permittee shall allow the Commissioner, or an authorized
representative, upon presentation of credentials and other documents as may be
required by law, to:
1. Enter upon the
permittee's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this
permit;
2. Have access to and copy,
at reasonable times, any records that shall be kept under the conditions of
this permit;
3. Inspect at
reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit;
and
4. Sample or monitor at
reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Commissioner.
(h) Monitoring, records, and reporting.
Samples and measurements taken for the purpose of monitoring
shall be representative of the monitored activity. The permittee shall retain
records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by this permit, and
records of all data used to complete the application for this permit, for a
period of at least three years from the date of the sample, measurement,
report, or application. This period may be extended by request of the Director
at any time.
1. Records of monitoring
information shall include:
(i) The date, exact
place, and time of sampling or measurements;
(ii) The individual(s) who performed the
sampling or measurements;
(iii) The
date analyses were performed;
(iv)
The individual(s) who performed the analyses;
(v) The laboratory where the analyses were
performed;
(vi) The analytical
techniques or methods used; and
(vii) The results of such analyses.
2. Monitoring shall be conducted
according to test procedures approved under 40 C.F.R. Part 136 (2021), unless
another method is required under 40 C.F.R. Subchapters N or O (2021).
3. Regular reporting (at a frequency of not
less than once per year) to assure that compliance is being achieved will
normally be required of the discharger in any permit as indicated below:
(i) Monitoring results shall be reported on a
Discharge Monitoring Report (DMR) or forms provided or specified by the
Commissioner.
(ii) If the permittee
monitors any pollutant more frequently than required by the permit using test
procedures approved under 40 C.F.R. Part 136 (2021), or as specified in the
permit, the results of this monitoring shall be included in the calculation and
reporting of the data submitted in the DMR or other reporting form specified by
the Commissioner.
(iii)
Calculations for all limitations, which require averaging of measurements,
shall utilize an arithmetic mean unless otherwise specified in the
permit.
(i)
Signatory requirement.
All reports or information submitted to the Commissioner
shall be signed and certified by the persons identified in subparagraphs (6)(a)
through (c) of Rule
0400-40-05-.05,
or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
1.
The authorization is made in writing by a person identified in subparagraphs
(6)(a) through (c) of Rule
0400-40-05-.05;
2. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity or an individual or position having overall
responsibility for environmental matters for the company; and
3. The written authorization is submitted to
the Commissioner.
(j)
Planned changes.
The permittee shall give notice to the Director as soon as
possible of any planned physical alterations or additions to the permitted
facility. Notice is required only when:
1. The alteration or addition to a permitted
facility is considered a new source as defined in Rule
0400-40-05-.02;
2. The alteration or addition could
significantly change the nature or increase the quantity of pollutants
discharged; or
3. The alteration or
addition results in a significant change in the permittee's sludge use or
disposal practices.
(k)
Transfers.
Individual permits are not transferable to any person except
after notice to the Commissioner, as specified below. The Commissioner may
require modification or revocation and reissuance of the permit to change the
name of the permittee.
1. The
permittee notifies the Commissioner of the proposed transfer at least 30 days
in advance of the proposed transfer date.
2. The notice includes a written agreement
between the existing and new permittees containing a specified date for
transfer of permit responsibility, coverage, and liability between
them.
3. The permittee shall
provide the following information to the Commissioner in the permittee's formal
notice of intent to transfer ownership:
(i)
The permit number of the subject permit;
(ii) The effective date of the proposed
transfer;
(iii) The name and
address of the transferor;
(iv) The
name and address of the transferee;
(v) The names of the responsible parties for
both the transferor and transferee;
(vi) A statement that the transferee assumes
responsibility for the subject permit;
(vii) A statement that the transferor
relinquishes responsibility for the subject permit;
(viii) The signatures of the responsible
parties for both the transferor and transferee pursuant to the signatory
requirements of subparagraph (i) of this paragraph; and
(ix) A statement regarding any proposed
modifications to the facility, its operations, or any other changes, which
might affect the permit, limits, and conditions contained in the
permit.
(l)
Bypass, as defined in Rule
0400-40-05-.02, is
prohibited unless:
1. Bypass was unavoidable
to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternatives to the
bypass, such as the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
3.
(i) For anticipated bypass, the permittee
submits prior notice, if possible at least ten days before the date of the
bypass; or
(ii) For unanticipated
bypass, the permittee submits notice of an unanticipated bypass within 24 hours
from the time that the permittee becomes aware of the bypass.
(m) A bypass that does
not cause effluent limitations to be exceeded may be allowed only if the bypass
is necessary for essential maintenance to assure efficient operation. The
permittee must sample and report the discharge during each bypass to
demonstrate that the bypass does not cause effluent limitations to be
exceeded.
(n)
1.
For publicly owned treatment works (POTW) or domestic
wastewater treatment plants, sanitary sewer overflows, including dry-weather
overflows and wet weather overflows, are prohibited. Releases caused by
improper operation and maintenance, which is to be determined by the
Commissioner based on the totality of the circumstances, are prohibited.
2. For industrial dischargers, the
discharge of pollutants from any location other than a permitted outfall is
prohibited.
(o)
Twenty-four hour reporting.
In the case of any noncompliance, or any release (whether or
not caused by improper operation and maintenance), which could cause a threat
to human health or the environment, the permittee shall:
1. Report the noncompliance or release to the
Commissioner within 24 hours from the time the permittee becomes aware of the
circumstances. Such noncompliance or release includes, but is not limited to,
any unanticipated bypass exceeding any effluent limitation, any upset exceeding
any effluent limitation, and violations of any maximum daily effluent
limitation identified in the permit as requiring 24-hour reporting.
2. Submit a written report within five days
of the time the permittee becomes aware of the noncompliance. The permittee
shall provide the following information:
(i) A
description of, and the cause of the noncompliance or release;
(ii) The period of noncompliance or release,
including start and end dates and times or, if not corrected, the anticipated
time the noncompliance or release is expected to continue;
(iii) The steps being taken to reduce,
eliminate, and prevent recurrence of the noncompliance or release;
and
(iv) For POTWs or domestic
wastewater treatment plants, reporting any dry weather overflow, wet weather
overflow, dry weather release, wet weather release, combined sewer overflow, or
bypass, this written report must also include the following:
(I) Type of event;
(II) Type of sewer overflow, release, or
bypass structure (e.g., manhole, combined sewer overflow outfall);
(III) Estimated volume (gallons);
(IV) Types of human health and environmental
impacts;
(V) Location (latitude and
longitude);
(VI) Estimated duration
(hours);
(VII) The next downstream
pump station (for overflows and releases only); and (VIII) The name of
receiving water (if applicable).
3. Industrial dischargers that do not treat
domestic waste shall comply with subpart 2.(iv) of this subparagraph with
respect to bypasses only.
(p) Other Noncompliance.
1. All permittees shall report each instance
of noncompliance or any release (whether or not caused by improper operation
and maintenance), not reported under subparagraph (o) of this paragraph at the
time of submitting the next routine monitoring report, including all
information required by subparts (o)2.(i), (ii), and (iii) of this
paragraph.
2. In addition to the
information required by part 1. of this subparagraph, POTWs and domestic
wastewater treatment plants shall submit a written report containing the
information required by subpart (o)2.(iv) of this paragraph. If these events
are caused by an extreme weather event, the Commissioner may provide a written
waiver of some or all of these reporting requirements.
3. In addition to the information required by
part 1. of this subparagraph, industrial dischargers shall submit a written
report of bypasses containing the information required by subpart (o)2.(iv) of
this paragraph. This part does not relieve industrial dischargers from any
applicable reporting requirements of 40 C.F.R. Part 117 (2021) and 40 C.F.R.
Part 302 (2021).
(q)
1.
An upset shall constitute an affirmative defense to an
action brought for noncompliance with technology-based permit effluent
limitations if the permittee demonstrates, through properly signed,
contemporaneous operating logs, or other relevant evidence that:
(i) An upset occurred and that the permittee
can identify the cause(s) of the upset;
(ii) The permitted facility was at the time
being operated in a prudent and workman-like manner and in compliance with
proper operation and maintenance procedures;
(iii) The permittee submitted information
required under "Reporting of Noncompliance" within 24 hours of becoming aware
of the upset (if this information is provided orally, a written submission
shall be provided within five days); and
(iv) The permittee complied with any remedial
measures required under "Adverse Impact."
2. In any enforcement proceeding, the
permittee seeking to establish the affirmative defense of an upset has the
burden of proof.
(r) The
permittee shall take all reasonable steps to minimize any adverse impact to the
waters of Tennessee resulting from noncompliance with this permit, including
such accelerated or additional monitoring as necessary to determine the nature
and impact of the non-complying discharge. It shall not be a defense for the
permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
(s)
Industrial/mining dischargers shall notify the Commissioner as soon as they
know or have reason to believe:
1. That any
activity has occurred or will occur which would result in the discharge on a
routine or frequent basis, of any toxic substance(s) (listed at 40 C.F.R. Part
122 (2021), Appendix D, Table II and III) which is not limited in the permit,
if that discharge will exceed the highest of the following "notification
levels":
(i) 100 micrograms per liter (100
µg/l);
(ii) 200 micrograms
per liter (200 µg/l) for acrolein and acrylonitrile; 500 micrograms per
liter (500 µg/l) for 2,4-dinitrophenol and for
2-methyl-4,6-dinitrophenol; and 1 milligram per liter (1 mg/L) for
antimony;
(iii) Five times the
maximum concentration value reported for that pollutant in the permit
application; or
(iv) The level
established by the Commissioner.
2. That any activity has occurred or will
occur which would result in any discharge, on a non-routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels":
(i) 500 micrograms per liter (500
µg/l);
(ii) 1 milligram per
liter (1 mg/L) for antimony;
(iii)
10 times the maximum concentration value reported for that pollutant in the
permit application; or
(iv) The
level established by the Commissioner.
(t) If the permit is for a discharge from a
publicly owned treatment works (POTW), the permittee shall provide notice to
the Commissioner of the following:
1. Any new
introduction of pollutants into such treatment works from a source which would
be a new source subject to new source performance standards if such source were
discharging pollutants;
2. Except
as to such categories and classes of sources or discharges specified by the
Commissioner, any new introduction of pollutants into such treatment works from
a source which would be required to obtain a permit if such source were
discharging pollutants;
3. Any
substantial change in volume or character of pollutants being introduced into
such treatment works by a source introducing pollutants into such works at the
time of issuance of the permit; and
4. Such notice shall include information on:
(i) The quality and quantity of effluent to
be introduced into such treatment works; and
(ii) Any anticipated impact of such change in
the quantity or quality of effluent to be discharged from such publicly owned
treatment works.
