Current through September 24, 2024
(1) Each completed
permit application shall be evaluated and a tentative determination of whether
to issue or deny a permit shall be made. If a tentative determination is made
to issue a permit, then a draft permit shall be prepared for public notice that
includes the proposed conditions.
(2) For each application for which a
tentative determination is made to issue a permit, the Commissioner shall
prepare a rationale to be published with the draft permit that includes or
considers as appropriate:
(a) The type and
quantity of wastes, fluids, or pollutants that are proposed to be or are being
treated, conveyed, pumped and hauled, land applied, or used;
(b) A brief summary of the basis for the
draft permit conditions;
(c) The
location of the activity or activities described in the application;
(d) The tentative determination regarding the
proposed activity; and
(e) Name,
telephone number, and electronic mail address of a person to contact for
additional information.
(3) 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.
(4) Public
notices may describe more than one permit or permit actions.
(5) Public notice of a draft permit
(including a notice of intent to deny a permit application for a new or
expanded activity) required under this rule shall allow at least 30 days for
public comment.
(6) 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.
(7) To inform interested and potentially
interested persons of the proposed activity and of the tentative determinations
regarding it, public notice shall be circulated within the geographical area of
the proposed activity by the following means:
(a) By mailing (either electronically or
physically) a copy of the notice to the following persons:
1. The applicant;
2. Any other agency the Commissioner knows
has issued, or is required to issue, other permits for the same facility or
activity;
3. Persons on a mailing
list for permit actions developed by:
(i)
Including those who request in writing to be on the list; and
(ii) 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;
4. To any unit of local government
having jurisdiction over the area where the facility is proposed to be located;
and
5. To each state agency having
any authority under state law with respect to the construction or operation of
such facility.
(b) The
applicant shall post a sign within view of a public road in the vicinity of the
proposed SOP activity as specified by the Commissioner. The sign shall contain
those provisions as specified by the Commissioner. The sign shall be of such
size that it is readily visible from the public road. Also, the sign shall be
maintained for at least 30 days following distribution of the approved public
notice.
(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, or any other forum or medium to
elicit public participation, may be utilized.
(8) Public notice of applications shall
include the following:
(a) Name and address of
the Division of Water Resources 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 wastewater activities or operations;
(d) Name of any surface waters adjacent to,
or within 0.25 miles of, the proposed activity;
(e) A statement of the tentative
determination to issue or deny a permit for the activity 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.
(9) 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.
(10) 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 water quality reasons why a hearing is warranted. If there is
a significant public interest in having a hearing to address water quality
concerns or other requirements of the Act, the Commissioner shall hold a
hearing in the geographical area of the proposed activity. Instances of doubt
should be resolved in favor of holding the hearing.
(11) Special provisions regarding public
notices for public hearings.
(a) In addition
to the public notice procedures of paragraph (7) 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 of Water Resources 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, and approximate distance to, the
nearest stream;
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.
Authority: T.C.A. §§
4-5-201,
et seq., and 69-3-101, et seq.
