Tenn. Comp. R. & Regs. 0400-40-06-.13 - APPEALS
(1) Permittees, applicants for permits, and
aggrieved persons meeting the criteria of paragraph (3) of this rule who
disagree with the denial, terms, or conditions of a permit may seek review of
the Commissioner's decision pursuant to T.C.A. §§
69-3-105(i)
and
69-3-110.
(2) All petitioners shall specify the basis
for their appeal and state a claim for relief based on an alleged inconsistency
with the Act or the rules promulgated thereunder. Permittees and applicants for
permits shall specify what terms or conditions they are appealing in their
petition. Only those terms or conditions specified in the petition will be
considered subject to appeal. For permit modifications, only those terms that
were the subject of the modification may be appealed. Aggrieved persons shall
specify facts sufficient to establish that they have satisfied the criteria of
paragraph (3) of this rule and otherwise have standing to appeal.
(3) To be entitled to a review of the
Commissioner's permit decision, aggrieved persons shall have:
(a) Submitted a written comment during the
public comment period on the permit;
(b) Given testimony at a formal public
hearing on the permit; or
(c)
Attended a public hearing as evidenced by completion of a Department of
Environment and Conservation Record of Attendance Card or other method as
determined by the Commissioner.
(4) The basis for the appeal for aggrieved
persons may only include issues that:
(a) Were
provided to the Commissioner in writing during the public comment
period;
(b) Were provided in
testimony at a formal public hearing on the permit; or
(c) Arise from any material change to
conditions in the final permit from those in the draft, unless the material
change has been subject to additional opportunity for public comment.
(5) All petitions for permit
appeal shall be filed with the Board of Water Quality, Oil, and Gas within 30
days after the date that public notice of the permit issuance, denial, or
modification is given by way of posting the notice on the Division's
website.
Notes
Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
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