Section 0400-40-01-.02 - BOARD OF WATER QUALITY, OIL AND GAS, DUTIES AND AUTHORITY PROCEDURES(1) Duties and Authority (a) The Board shall hold public hearings for the purpose of classifying or reclassifying waters of the state; adopting, readopting, amending or revising standards of quality for state waters; adopting, revising, or repealing effluent standards and limitations; adopting, modifying, repealing and/or promulgating necessary rules and regulations; and to formulate and adopt a State Water Quality Plan pursuant to T.C.A. § 69-3-105(e). Any of the above stated actions may be conducted by the Board.(b) In addition to the foregoing, the board, or any member or members thereof, or a hearing officer designated by the chair, shall hold hearings to review orders of the Commissioner including denial, terms, or conditions of permits.(2) Procedures (a) Prior to a public hearing by the Board on any subject as detailed in subparagraph (1)(a) of this rule, the Director shall give notice in at least one newspaper of general circulation within the area of the state in which the water affected is located. Notice will also be mailed to persons who have requested that they be notified of all board hearings. The notice shall state the date, time, place and subject of the hearing and shall be given at least 30 days in advance of the hearing. Notice shall also be provided electronically, where appropriate.(b) Should any person, other than the department or its representative, desire an audience before the Board upon the subject announced, that person should file a written notice with the Commissioner at the hearing.(c) Every person who desires an audience, and who complies with the provisions of subparagraph (b) of this paragraph shall be granted an opportunity to present his/her views or argument at the Board's discretion.(3) All matters which the Department or its representative, the Division of Water Resources, wishes to present to the board may be submitted in writing to the Board on or before the date of said hearing or presented orally to the Board at the hearing. Should any person wish to petition the Board to reclassify any state water(s) or interstate waters, or to make a change in any rule, regulation, effluent standard or limitation or water quality standards previously adopted by the Board, such person shall petition the Board in writing. A petition should be typed on 8 1/2 x 11 inch sized paper, filed with the Commissioner in duplicate, addressed to the board, and should state in a concise manner, the subject of the petition and reasons for a proposed change. The Board chair shall set a hearing date as soon as possible, and shall hear oral argument from the petitioner and the Department, as well as other interested parties, with regard to petitioner's proposed change. The Board, by a majority vote, shall decide whether the petition for a change in regulations and/or water classification is meritorious, and render its decision in writing to the petitioner within 30 days after the hearing. Should said petition be of merit, the Board shall set a date for a public hearing on the matter, or may use the date of an already scheduled public hearing; but in any event, the Board shall give notice of a public hearing as set out in subparagraph (2)(a) of this rule. For the purpose of this provision, a majority of the Board is a quorum as set forth in T.C.A. § 69-3-104(d), a majority vote of which shall constitute a final determination of the Board. If the petition concerns the reclassification of an interstate water or waters, the Division of Water Resources shall meet and confer with appropriate federal authorities on possible changes in the classification of such waters prior to any public hearing by the Board as provided in this paragraph and in T.C.A. § 69-3-105(d). At a public hearing, federal authorities may be present and heard by the Board.
Any person desiring a hearing by the Board relative to the actions by the Commissioner outlined in subparagraph (1)(b) of this rule must file a petition requesting such hearing within 30 days of receipt of the Commissioner's determination. Such petition must be in writing upon 8 1/2 x 11 inch paper, filed with the Commissioner in duplicate, addressed to the Board of Water Quality, Oil and Gas and must state in numbered paragraphs the basis of the appeal as required by the Administrative Procedures Act and regulations promulgated thereunder. If said petition is not filed within the time allowed, it shall not be heard.
Tenn. Comp. R. & Regs. 0400-40-01-.02
Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered1200-04-01.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.