(1) When a permit
is granted, the permit 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. The
Commissioner may impose conditions concerning the quality of treated wastewater
other than those specified herein as needed based on the quality of the raw
wastewater.
(2) Permits shall
impose monitoring, recording, reporting, and inspection requirements as
determined necessary by the Commissioner to assure adequate treatment of
wastewater and proper operation of the sewerage system to meet the requirements
of the Act and of this chapter. All monitoring conducted pursuant to permits
issued under this chapter shall be representative of the wastewater being
sampled.
(3) Permits may require
best management practices to carry out the purposes and intent of the
Act.
(4) The following terms and
conditions shall apply to all SOPs:
(a) The
standard conditions established by paragraph (2) of Rule
0400-40-05-.07,
as applicable.
(b) There shall be
no discharge to any surface waters or to any location where the discharge is
likely to enter surface waters, except as separately authorized by an NPDES
permit.
(c) There shall be no
discharge of wastewater to groundwater, except as separately authorized by an
underground injection control permit.
(d) The sewerage system shall be operated in
a manner preventing the creation of a health hazard or a nuisance.
(e) Nothing in this permit shall be construed
to relieve the permittee from civil or criminal penalties for noncompliance.
Notwithstanding this permit, the permittee shall remain liable for any damages
sustained by the State of Tennessee, including but not limited to fish kills
and losses of aquatic life and/or wildlife, as a result of the discharge of
wastewater to any surface or subsurface waters.
(f) Nothing in this permit shall be construed
to preclude the institution of any legal action or relieve the permittee from
any responsibilities, liabilities, or penalties established pursuant to any
applicable state or federal law.
(g) The permittee may not add wasteloads to
the permitted system in a quantity or quality not currently permitted without
prior notice to, and written approval from, the Commissioner.
(h) The permittee shall own the sewerage
system, including treatment works, collection systems, and land application
areas, including any parts thereof and extensions thereto (except as provided
in paragraph (2) of Rule 0400-40-06-.09), as applicable. A recorded perpetual
easement in a form approved by the Commissioner may be provided in lieu of fee
title. Evidence of such ownership or access rights must be provided to, and
approved by, the Commissioner prior to commencement of operation. This
subparagraph does not apply to land application areas for AFOs.
