Tenn. Comp. R. & Regs. 0400-40-07-.02 - EXEMPTIONS
(1) Management activities such as timber
harvesting and beaver control which do not alter or adversely affect the
classified uses of waters of the state are not subject to these
requirements.
(2) Agriculture and
forestry activities and activities necessary to the conduct thereof and lands
devoted to the production of agricultural or forestry products are exempt from
the requirements of the Act and these rules, unless there is a point source
discharge, as provided in T.C.A. §
69-3-120(g).
Thus, normal farming, forestry and livestock management activities such as
plowing, seeding, cultivating, minor drainage, water withdrawal for irrigation,
and harvesting for the production of food, fiber, and forest products are
exempt if they are part of an established (i.e., on-going) farming, forestry,
or livestock management operation, unless there is a point source
discharge.
(3) The Department of
Agriculture provides guidance for development of best management practices
(BMPs) for agriculture and forestry. One of the primary goals of these BMPs is
the prevention of soil erosion and discharge of silt and sedimentation to
streams. These BMPs should be followed. If silvicultural activities have
polluted waters of the state as a result of a failure to use BMPs, the
Commissioner is authorized to issue a stop work order under T.C.A. §
69-3-133.
(4) Existing water withdrawals on July 25,
2000, which do not adversely alter or affect the classified use of the source
stream are not subject to these requirements.
Notes
Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
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