Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-12 - Silvicultural Activity Stop Work Orders
Section 0400-40-12-.02 - SILVICULTURAL ACTIVITY STOP WORK ORDERS - PROCEDURES
Universal Citation: TN Comp Rules and Regs 0400-40-12-.02
Current through September 24, 2024
(1) Procedures
(a) Upon receipt by either the
Tennessee Department of Environment and Conservation (TDEC) or Tennessee
Department of Agriculture (TDA) of a complaint alleging that water pollution
has occurred as a result of silvicultural activities, either TDEC or TDA, or
both will conduct an investigation of the complaint.
(b) The operator will be given the
opportunity to employ forestry best management practices, or other such
remedial actions as are necessary, to come into compliance prior to commencing
to obtain a Stop Work Order, except when the Commissioner deems otherwise
necessary to address water pollution.
(c) Following a joint investigation or site
visit by TDEC and/or TDA, if a stop work order is deemed necessary to abate
pollution of waters of the State, TDEC shall begin procedures to issue a stop
work order when all of the following criteria are met:
1. An operator has failed or refused to use
forestry best management practices (BMP); and
2. A point source discharge has been created
as a result of failure or refusal to use BMPs; and
3. Waters of the State have been polluted as
a result of silvicultural activities.
(d) A request for stop work order will be
completed by TDEC staff, and a stop work order will be submitted to the
Commissioner for his consideration. The Commissioner of the Department of
Environment and Conservation may issue the stop work order against the
operator, following consultation with the Commissioner of
Agriculture.
(e) The Stop Work
Order
1. The stop work order shall contain at
a minimum the following information:
(i) The
name and address of the operator;
(ii) The name and address of the owner if
different than the operator;
(iii)
The location of the silvicultural activity;
(iv) The waterbody affected by the
pollution;
(v) a description of the
failure or refusal to use BMPs;
(vi) the nature of the point source discharge
created by the activity; and
(vii)
a description of the water pollution which has occurred.
2. The Stop Work Order will be hand delivered
to the operator and the owner on the site or their last known addresses, if
they are in the state. If they are out of state, it will be sent by certified
mail, return receipt requested.
3.
The stop work order shall require that the operator cease the silvicultural
activities that are contributing to such pollution. This may include all of the
silvicultural activities if they all contribute to the pollution.
4. The stop work order shall remain in effect
until the operator installs forestry best management practices that eliminate
existing pollution and prevent further pollution associated with the
silvicultural activities.
Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
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