Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-05 - Individual National Pollutant Discharge Elimination System (NPDES) Permits
Section 0400-40-05-.12 - APPEALS
Current through September 24, 2024
(1) Permittees, applicants for permits, and aggrieved persons meeting the criteria of paragraph (3) of this rule who disagree with the denial, terms, or conditions of a permit may seek review of the Commissioner's decision by the Board pursuant to T.C.A. § 69-3-105(i) and § 69-3110.
(2) All petitioners shall specify the basis for their appeal and state a claim for relief based on an alleged inconsistency with the Act or the rules promulgated thereunder. Permittees and applicants for permits shall specify what terms or conditions they are appealing in their petition. Only those terms or conditions specified in the petition will be considered subject to appeal. For permit modifications, only those terms that were the subject of the modification may be appealed. Aggrieved persons shall specify facts sufficient to establish that they have satisfied the criteria of paragraph (3) of this rule and otherwise have standing to appeal.
(3) In order to be entitled to a review of the Commissioner's permit decision, aggrieved persons shall have:
(4) The basis for the appeal for aggrieved persons may only include issues that:
(5) All petitions for permit appeals shall be filed within 30 days after the date that public notice of the Commissioner's decision to issue or deny the permit is given in accordance with paragraph (14) of Rule 0400-40-05-.06.
Authority: T.C.A. §§ 4-5-201, et seq. and 69-3-101, et seq.