Tenn. Comp. R. & Regs. 0400-40-05-.05 - PERMIT APPLICATION, ISSUANCE

(1) Any person who plans to engage or is engaging in any of the activities outlined in T.C.A. § 69-3-108(b) or (c) shall make application in writing to the Commissioner for a permit, or for modification of an existing permit; except where a person discharges into a publicly owned sewerage system or into a septic tank connected only to a subsurface drain field.
(2) Applicants shall complete and submit standard application forms supplied by the Commissioner together with such engineering reports, plans, and specifications as are required. The Commissioner may subsequently request additional reasonable information as required to make the permit decision. If an environmental impact statement is required by federal regulation, the Commissioner may require the applicant to pay for its preparation. Processing of an application shall not be completed until all requested information has been submitted. The applicant will be provided a notice of completeness of the application and any resubmitted material within 30 days of a determination that such material constitutes a complete application. This provision does not preclude the Commissioner from later requesting additional information that, after the notice of completeness is issued, is determined to be necessary for permit processing.
(3) Applicants proposing a new or increased discharge of pollutants to surface waters shall include in the application a consideration of alternatives, including, but not limited to, land application, beneficial reuse of the wastewater, and, for proposed increased discharges, reduction of inflow and infiltration.
(4) Completed applications for new or increased discharges, or for substantial changes in the nature or frequency of existing permitted discharges, shall be submitted no later than 180 days in advance of the date on which the discharge is to commence or change, unless permission for a later application date has been granted by the Commissioner in writing. Persons proposing a new discharge are encouraged to submit their applications well in advance of the 180-day requirement to avoid delay.
(5) All permittees with currently effective permits shall submit a new application 180 days before the existing permit expires, except that the Commissioner may grant written permission to submit an application later than the deadline for submission otherwise applicable, but no later than the permit expiration date.
(6) Applications shall be submitted and signed in accordance with the following:
(a) For a corporation, by a:
1. Responsible corporate officer, i.e., a president, secretary, treasurer, or vicepresident 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;
2. Manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility to assure long term environmental compliance with environmental laws and regulations; or
3. Person in a corporate position to whom signatory authority has been delegated by a corporate officer.
(b) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively.
(c) For a municipality, state, federal, or other public agency, by a:
1. Principal executive officer (i.e., the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency); or
2. Ranking elected official.
(7) The Commissioner may agree with the Regional Administrator on the exchange of completed applications and other information.
(8) The Commissioner will not authorize the construction, installation, or modification of any treatment works, or part thereof, or any extension or addition thereto until after the end of the public comment period as outlined in Rule 0400-40-05-.06.
(9) The Commissioner shall issue permits only to persons. Private corporations, limited liability companies, or limited liability partnerships must be in good standing with the Tennessee Secretary of State to be eligible for permit coverage. Out-of-state corporations, limited liability companies, or limited liability partnerships must be registered with the Tennessee Secretary of State to be eligible for permit coverage.
(10) The Commissioner shall not issue a permit or renewal of a permit to an applicant unless all fees required by T.C.A. Title 68, Chapter 203 have been paid in full.


Tenn. Comp. R. & Regs. 0400-40-05-.05
Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective 5/15/2022.

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

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