Current through September 24, 2024
(1) Information
required in a permit application.
Any person required to apply for a
permit for an inter-basin water transfer under paragraph (3) of Rule
0400-40-13-.01 and T.C.A. §
69-7-204 shall submit an
application for such permit on forms furnished, upon request, by the
Commissioner. The application shall require an applicant to provide the
commissioner the following information:
(a) The volume of the proposed withdrawal and
the proposed transfer stated in gallons per day that the applicant seeks to be
authorized;
(b) Identification of
all of the withdrawal, return, and transfer points;
(c) The volume of water that will be returned
to the basin of origin or a downstream basin;
(d) The peak capacity of each major component
in the proposed withdrawal and transfer facilities;
(e) Engineering and economic justification
for the capacity of each major component of the proposed withdrawal and
transfer facilities;
(f) An
assessment of the hydraulic and environmental impacts of the withdrawal on the
losing river;
(g) An engineering,
environmental, and economic assessment of the feasibility of utilizing
alternate water sources by the water system in the receiving basin;
(h) A listing of conservation programs or
practices occurring or proposed of the system in the receiving river
basin;
(i) The proposed date upon
which the water transfer is to commence;
(j) The purpose and justification for the
proposed transfer; and
(k) Any
other appropriate information deemed necessary by the Commissioner for review
of the proposed transfer.
(2) All permit applications shall be signed
as follows:
(a) For a corporation: by a
responsible corporate officer. For the purpose of this subparagraph, a
responsible corporate officer means a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decision-making functions
for the corporation.
(b) For a
partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(c) For a
municipality, state, federal, or other public agency: by either a principal
executive officer or ranking elected official. For purposes of this
subparagraph, a principal executive officer of a Federal agency includes:
(i) The chief executive officer of the
agency, or
(ii) a senior executive
officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g., Regional Administrator of EPA).
(3) Interface with
other required permits under the Act.
(a) In
some situations an activity may have to apply for both an inter-basin transfer
permit and a permit under the Water Quality Control Act for the withdrawal. The
latter is sometimes referred to as an Aquatic Resource Alteration Permit
(ARAP). In such a situation the Division of Water Resources shall have the
applicant file one application for both permits that contains all information
necessary for both and then shall process the application and either issue it
with all conditions required by both Acts or deny it as required by either Act.
The regulations for ARAP permits are found in Chapter 0400-40-07.
(4) Application Fees
The
application fees for individual inter-basin transfer permits shall be $250 for
a flow less than or equal to 125,000 gpd; $500 for a flow greater than 125,000
gpd and less than or equal to 250,000 gpd; $750 for a flow greater than 250,000
gpd and less than or equal to 375,000 gpd; and $1,000 for a flow greater than
375,000 gpd and less than or equal to 500,000 gpd. Above 500,000 gpd, the fee
shall be $1,000 for each 500,000 gpd or fraction thereof. These flows shall be
such flows authorized to be transferred by the permit. This shall be calculated
based upon the maximum amount authorized by the permit. This fee shall apply to
new applications, renewals, or those modifications that extend the term of the
permit. If an applicant for a permit modification only seeks an increase of the
amount authorized to be transferred for the same permit term, then the fee
shall be calculated on the basis of the difference in the two
amounts.
Authority:
T.C.A. §§
69-3-101 et seq., 69-7-201 et seq.
and 4-5-201 et seq.
