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.
Notes
Authority: T.C.A. §§ 4-5-201, et seq. and 69-3-101, et seq.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
Current through March 20, 2022
(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 in order 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 supplied. The applicant will be provided notice of completeness of the application and re-submitted 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 material that subsequent to the notice of completeness is determined to be necessary for permit processing.
(3) Completed applications for new source discharges or for substantial changes in the nature, volume or frequency of existing permitted discharges shall be submitted:
(a) For state permits, no later than 180 days in advance of the date on which the operation is to commence or change, unless permission for a later application date has been granted by the Commissioner. Persons proposing a new operation are encouraged to submit their applications well in advance of the 180-day requirement to avoid delay.
(b) For NPDES permits, 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. Persons proposing a new discharge are encouraged to submit their applications well in advance of the 180-day requirement to avoid delay.
(4) All permittees with currently effective permits shall submit a new application 180 days before the existing permit expires, except that the Commissioner may grant permission to submit an application later than the deadline for submission otherwise applicable, but no later than the permit expiration date.
(5) For facilities eligible for coverage under any state-issued general permit, notices of intent shall be submitted in accordance with timeframes established in the applicable general permit.
(6) Applications shall be submitted in accordance with the following:
(a) For a corporation:
1. by a responsible corporate officer, i.e., 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;
2. by a 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. by a person in a corporate position to which 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:
1. a 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 construction related to any such application as described in paragraphs (1) through (6) of this rule until after the end of the public comment period as outlined in Rule 0400-40-05-.06.
Notes
Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.