Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-06 - State Operating Permits
Section 0400-40-06-.13 - APPEALS

Universal Citation: TN Comp Rules and Regs 0400-40-06-.13

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 pursuant to T.C.A. §§ 69-3-105(i) and 69-3-110.

(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) To be entitled to a review of the Commissioner's permit decision, aggrieved persons shall have:

(a) Submitted a written comment during the public comment period on the permit;

(b) Given testimony at a formal public hearing on the permit; or

(c) Attended a public hearing as evidenced by completion of a Department of Environment and Conservation Record of Attendance Card or other method as determined by the Commissioner.

(4) The basis for the appeal for aggrieved persons may only include issues that:

(a) Were provided to the Commissioner in writing during the public comment period;

(b) Were provided in testimony at a formal public hearing on the permit; or

(c) Arise from any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment.

(5) All petitions for permit appeal shall be filed with the Board of Water Quality, Oil, and Gas within 30 days after the date that public notice of the permit issuance, denial, or modification is given by way of posting the notice on the Division's website.

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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