Section 0400-40-02-.07 - PERMIT FOR CONSTRUCTION, INSTALLATION OR MODIFICATION OF ANY ESTABLISHMENT, TREATMENT WORKS OR PART THEREOF, OR NEW OUTLET(1) In accordance with T.C.A. § 69-3-108, the submission of letters, reports, plans and specifications shall constitute an application for a permit for (a) the construction, installation or modification of any treatment works or part thereof, or any extension or addition thereto; (b) the construction or installation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the State or would otherwise alter the physical, chemical, biological or bacteriological properties of any waters of the State in any manner not already lawfully authorized; or (c) the construction of any new outlet for the discharge of any wastes into the waters of the State; whichever is applicable. The official letter issued by the Commissioner's representative approving a project for construction in accordance with submitted plans and specifications, together with the plans and specifications bearing the official "Approved for Construction" stamp of the Commissioner shall constitute a valid permit to construct, install or modify in conformance with all conditions shown and specified in the approved plans and specifications. Such permit to construct, install or modify, shall not constitute a valid permit for: (a) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the State;(b) The operation of any treatment works or part thereof or any extension or addition thereto;(c) The development of a natural resource or the operation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the State or would otherwise alter the physical, chemical, radiological, biological, or bacteriological properties of any waters of the State in any manner not already authorized;(d) The increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit; or(e) The use of any new outlet for the discharge of any wastes into the waters of the State.(2) A separate and distinctly different application for a permit to operate a sewerage system or a sewage treatment plant, and to discharge sewage, industrial waste or other waste from any new or existing outlet, following treatment, must be filed with the Division of Water Resources appropriate forms. No wastes, treated or untreated, shall be discharged from any source prior to completed copies of an application for a permit to discharge being filed with the Division of Water Resources, and prior to the issuance of a valid permit to discharge.Tenn. Comp. R. & Regs. 0400-40-02-.07
Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered1200-04-02.Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.