Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-11 - Environmental Protection Fund Fees
Section 0400-40-11-.01 - GENERAL
Current through September 24, 2024
(1) General
These rules are organized, numbered, and referenced according to the following outline form:
(2) Definitions
"Act" means the Water Quality Control Act, as amended, T.C.A. § 69-3-101 et seq.
"Application" means those forms supplied by the Department, properly completed, together with such technical reports, plans and specifications as may be required to apply for permit.
"ARAP" means Aquatic Resource Alteration Permit, a permit that authorizes the alteration of properties of the waters of the State resulting from activities other than point source wastewater discharges.
"Board" means the Board of Water Quality, Oil and Gas.
"Clean Water Act (CWA)" is the common name for the Federal Water Pollution Control Act, Public law 92-500; 33 U.S.C. § 1251 et seq.; the legislation, which provides statutory authority for both NPDES and Pretreatment Programs.
"Commissioner" means the Commissioner of the Department of Environment and Conservation or the Commissioner's duly authorized representative and, in the event of the Commissioner's absence or a vacancy in the Office of Commissioner, the Deputy Commissioner.
"Concentrated Animal Feeding Operation (CAFO)," means an animal feeding operation that may discharge to waters of the United States, impact groundwater or otherwise adversely impact the water resources of Tennessee.
"Construction Activity" means the disturbance of soils associated with clearing, grading, excavating, filling of land, or other similar activities which may result in soil erosion. Construction activity does not include agriculture and silvicultural practices.
"Control Authority" means:
"Department" means the Department of Environment and Conservation.
"Director" means the Director of the Division of Water Resources.
"Division" means the Division of Water Resources.
"Facility", in the context of stormwater industrial discharges, means those portions of the property on which industrial activity occurs.
"Family Farm" means one or more tracts of land, used for agricultural purposes that are held in private ownership by one or more people related by birth or marriage.
"Federal Water Pollution Control Act" means the federal law promulgated to control and eliminate pollutants, also known as the Clean Water Act, as amended. 33 U.S.C. § 1251, et seq.
"Incorporated Place" means a city, town, metropolitan government, township, or village that is incorporated under the laws of Tennessee.
"Indirect Discharge" means introduction of pollutants into a POTW from any non- domestic source regulated by the Clean Water Act.
"Industrial Facility" means an activity or facility that is issued a permit for discharge of wastewater other than domestic or municipal wastewater.
"Industrial Flow" means the daily effluent flow occurring on days when the facility is in operation, averaged over the 12-month period preceding the billing date for Permit Annual Maintenance Fees.
"Industrial User" means the facility that is the source of an Indirect Discharge.
"Large Municipal Separate Storm Sewer System" means all municipal separate storm sewers which, are either:
"Large Pretreatment Program" means an approved program which has issued permits, for the purpose of controlling the discharge of process wastewater, to twenty or more significant industrial users.
"Major" means an NPDES permit classified as such by the Regional Administrator of the Environmental Protection Agency, or the Director of the Division of Water Resources.
"Medium Municipal Separate Storm Sewer System" means all municipal separate storm sewers that are either:
"Medium Pretreatment Program" means an approved program which has issued permits, for the purpose of controlling the discharge of process wastewater, to 8 or more, but less than 20, significant industrial users.
"Mining" means a permit for discharge of wastewater from mining operations, including operations to obtain minerals, limestone, coal, marble, chert, gravel, sand, sandstone, dimension stone, phosphate, barite, shale, clay, fullers earth and those mining operations regulated by T.C.A. § 59-8-201 et seq.
"Mining Reclamation" means an NPDES permit for the reclamation phase of mining operation.
"Minor" means an NPDES permit not classified as a major by the Regional Administrator of the Environmental Protection Agency, in conjunction with the Director of the Division of Water Resources.
"Municipal Separate Storm Sewer System" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
Owned or operated by a state, city, town, county, metropolitan government, utility district, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law, or a designated and approved management agency that discharges to waters of the United States:
Designed or used for collecting or conveying storm water;
Which is not a combined sewer; and,
Which is not part of a Publicly Owned Treatment Works (POTW).
"National Pollutant Discharge Elimination System (NPDES)" is the national program for issuing, modifying, revoking and terminating permits for wastewater discharges to waters of the state and imposing conditions for those discharges, including pretreatment requirements.
"Natural Person" means an individual distinguished from an artificial person such as a corporation.
"Non-Discharging System" means a system issued a permit under the Act for treatment and disposal of wastewater by means other than discharge to waters of the State. Such means may include, but are not limited to, recycle, irrigation, and evaporation.
"Owner or Operator" means any person who owns, leases, operates, controls, or supervises a source.
"Permit" means a permit issued under authority of T.C.A. § 69-3-108.
"Permit Annual Maintenance Fee" means a fee, which is due to be paid annually by a person issued a permit.
"Permit Application Fee" means a fee which is required to be paid upon application for a permit or a notice of intent to be covered by a general permit.
"Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any state or country.
"Personal Residence" means a natural person's primary place of abode.
"Pretreatment Program" means a program that has been authorized by the Division in which a POTW regulates indirect discharges.
"Process Wastewater" means any water which, during manufacturing or processing, comes into direct contract with or results from the production or use of any raw material, intermediate product, finished product, by product, or waste product. This does not include sanitary, boiler blow-down, or non-contact cooling water.
"Project" in the context of 401 certification, ARAP, and construction stormwater, means the area in which vegetation is removed, or excavation or grading occurs.
"Publicly Owned Treatment Works (POTW)" means a treatment works as defined by Section 212 of the Clean Water Act, which is owned by a state, city, town, county, utility district, metropolitan government or other public body (created by or pursuant to State law). This definition includes any devices and systems used in the storage and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant.
"Regional Administrator" means the Regional Administrator of EPA's Region IV office in Atlanta, Georgia.
"Sewage Treatment Facility" means a treatment works that has been issued a permit for discharge of municipal or domestic wastewater.
"Sewage Treatment Facility Flow" means the average daily effluent flow over the 12-month period preceding the fee billing date. The averaging basis shall include all days during which the treatment facility was in operation, whether or not there was any discharge.
"Significant Industrial User" means:
"Small Municipal Separate Storm Sewer System" means all separate storm sewers that are:
(Note: This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.) "Small Pretreatment Program" means an approved program, which has issued permits, for the purpose of controlling the discharge of process wastewater, to less than eight significant industrial users.
"Stormwater" means rain water, snow melt, and surface runoff and drainage.
"Stormwater Discharges Associated with Construction Activity" means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to construction activity.
"Stormwater Discharges Associated with Industrial Activity" means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage area at an industrial plant.
"Treated Washwater Discharge" means treated wastewater from a washing process such as a laundromat, but not including rinseate from manufacturing processes.
"Urbanized Area (UA)" means a land area comprising one or more places-central place(s) and the adjacent densely settled surrounding area-that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile.
"Watershed District" means a nonprofit corporation composed of not less than twenty percent (20%) of such landowners who represent at least 25 percent (25%) of the acreage within the defined geographic area, and recognized by the state soil conservation committee.
"Watershed District Project" means a project sponsored or conducted by a watershed district.
"401 Certification" means certification under section 401 of the Federal Water Pollution Control Act, for activities that require permits issued by the U.S. Corps of Engineers for discharges of dredge and fill material under section 404 of that Act.
Authority: T.C.A. § 69-3-101 et seq.,68-203-101 et seq. and 4-5-201 et seq.
