Section 0400-40-03-.07 - GROUND WATER CLASSIFICATION(1) Purpose and Intent(a) It is one of the primary goals of the Tennessee Water Quality Control Act, T.C.A. §§ 69-3-101 et seq. (the "Act") to protect our valuable ground water resource. This rule classifies ground water across the state based on the factors stated in T.C.A. § 69-3-105(a)(2) of the Act and establishes ground water quality criteria. The quality of ground water varies in Tennessee. Some ground water is sufficient to be used by our citizens directly as a drinking water supply with limited or no treatment. Other ground water would require more extensive treatment before it could be used as a water supply. Further, some ground water may be of such value as to warrant special protection. The board recognizes that some water below the surface of the ground may be present in a zone of aeration between ground surface and the water table. The zone of aeration is where treatment from household septic systems occurs and water in the zone of aeration is not classified as ground water in these regulations. Perched water above the zone of saturation may, in some areas, be used as a water supply or may migrate to either ground water or surface water and is included in these regulations to protect for its direct use or impact on ground water or surface water. Additionally, some ground water has levels of naturally occurring constituents that make the resource unusable as a drinking water supply.(b) The board recognizes these rules apply to both permitting activities and response actions that involve water beneath the surface of the ground. The permitting of underground injection is governed by Chapter0400-45-06.(c) These rules provide appropriate flexibility in the regulatory process to protect our ground water resource and to allow the productive use of land. Reuse of brownfield areas is encouraged and reduces the use of greenfield areas.(d) The board recognizes that several divisions within the department have a role in protecting ground water resources. It is not the intent of these rules to change the responsibilities of those programs. It is, however, the intent of these rules to provide a basis for decisions involving ground water that may be applied by all divisions of the department. The board does not intend these rules to affect in any way the ability of the State to seek natural resource damages from responsible parties when ground water has been contaminated by human activity.(e) Ground water that enters a stream or other water classified as surface water becomes surface water and is subject to respective criteria applicable to that water. The board expects that the department will use prudent judgment where ground water mixes with water on the surface of the ground.(2) Definitions (a) "Area of Control" means a volume designated by the commissioner underlying or surrounding a site, including the zone of aeration and the zone of saturation, containing water, some of which the commissioner has determined not to meet applicable criteria.(b) "Ground Water" means water beneath the surface of the ground within the zone of saturation, whether or not flowing through known and definite channels.(c) "Perched water" means water that accumulates above an aquitard that limits downward migration where there is an unsaturated interval below it, between the aquitard and the zone of saturation.(d) "Point of Classification Change" means the boundary of the volume within which ground water is classified as Site Specific Impaired as established under Rule 0400-40-03-.09.(e) "Response action" means a clean up, remedial action, remedy, remedial investigation or other action taken by the department to address the presence of contaminants at levels that have been determined by the Department to require an appropriate response.(f) "Zone of Aeration" means a subsurface zone extending from the water table to the surface of the land.(g) "Zone of Saturation" means a subsurface zone below the water table in which all of the interconnected voids and pore spaces are filled with water.(3) Water in the Zone of Aeration Water in the zone of aeration is not defined as ground water in this rule, but it may occur as perched water. This perched water may be above ground water of any of the classifications used in this rule. Perched water is protected under this rule in accordance with its use as follows:
(a) Perched water that is used for drinking water or reasonably anticipated to be used as a drinking water supply shall meet the criteria listed for General Use in paragraph (2) of Rule 0400-40-03-.08. Other perched water shall not contain constituents, other than of natural origin, that cause or are reasonably likely to cause a violation of criteria of underlying ground water or surface water where the perched water enters those waters.(b) Except for naturally occurring levels, perched water shall contain no other constituents at levels and conditions that pose an unreasonable risk to public health or the environment.(c) If perched water, such as in a cave system, is habitat for fish and aquatic life, it shall contain no constituents except for naturally occurring substances at levels and concentrations that violate the criteria of paragraph (3) of Rule 0400-40-03-.03 for fish and aquatic life.(4) Water below the surface of the ground is classified as follows: (a) Special Source Waters This is ground water or perched water with exceptional quality or quantity, which may serve as a valuable source for water supply or which is ecologically significant.
When the board finds water to be Special Source Water, then through the rulemaking process, the board will amend these rules to include the specific location and the boundaries of ground water or perched water designated as Special Source Water. To initiate this process, a petition shall address the factors listed below for board consideration. Any cost involved in making the petition shall be borne by the petitioner. In making this decision, the board may consider the following factors and relevant public input:
1. The vulnerability of the water in the proposed area to contamination due to hydrogeologic characteristics;2. The number of persons or the proportion of the population using the water as a drinking water supply;3. Existing water quality in the proposed Special Source Water area;4. An evaluation of the ecological and environmental impact should the quality of the Special Source Water be compromised; and5. Other pertinent information as deemed necessary by the petitioner, department, or board. Because such action is a rulemaking procedure, public input may be made as provided in the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-201 et seq., but not as a contested case under T.C.A. §§ 4-5-301 et seq.(b) General Use Ground Water Except for ground water in areas that have been designated as Special Source Water, Site Specific Impaired Ground Water, or meet the definition of Unusable Ground Water, all ground water is designated General Use Ground Water.
(c) Site Specific Impaired Ground Water This is ground water that has been contaminated by human activity and the board finds that either it is not technologically feasible to remediate the ground water to the criteria required by other classifications or it is not reasonable to remediate to that criteria based on information provided in accordance with Rule 0400-40-03-.09. Ground water shall be classified as Site Specific Impaired upon approval of a petition to the Board of Water Quality, Oil and Gas and completion of the rulemaking process to amend these rules to identify the reclassified ground water. When ground water is reclassified to Site Specific Impaired the areal extent of the Site Specific Impaired Ground Water shall be delineated. The boundaries of the Site Specific Impaired Ground Water cannot extend beyond the perimeter and depth investigated with an appropriate safety factor as determined under Rule 0400-40-03-.09. Figures which clearly depict the horizontal and vertical boundaries of the Site Specific Impaired Ground Water must be submitted to the department in the plans/reports required by Rule 0400-40-03-.09.
(d) Unusable Ground Water Ground water in the following areas are classified as Unusable Ground Water: 1. A "High Dissolved Solids Zone" is an area in which ground water has naturally occurring total dissolved solids of more than 10,000 ppm.2. A "Historical Injection Zone" is an area in which the ground water and the injection zone designated to receive fluids and other substances from deep well injection initiated prior to September 1985 and operated under compliance with the Department at the time of injection is no longer subject to injection. The certification as a historical injection zone subclass of Unusable Ground Water does not provide authorization for future injection activities and shall not be construed as Class I zone designation under Chapter 0400-45-06, Underground Injection Control. The zone may be subsequently considered for Class I zone designation under that Chapter provided it meets the criteria based on naturally occurring conditions and not from changes as a result of the previously injected fluids.3. A "Class I Injection Zone" is an area in which ground water has been demonstrated by a permit applicant as a part of a Class I operation under Chapter 0400-45-06, Underground Injection Control, to be suitable for Class I injection.4. A "Class II or III Injection Zone" is an area in which ground water is mineral, hydrocarbon or geothermal energy producing, or has been demonstrated by a permit applicant as a part of a permit application for a Class II or III operation under Chapter 0400-45-06 Underground Injection Control to contain minerals or hydrocarbons that, considering their quality and location, are expected to be commercially producible. The designation as Class II or III injection zone subclass of Unusable Ground Water shall not be construed as a Class I zone designation under Chapter 0400-45-06, Underground Injection Control.5. An "Acid Production Zone from Mining Activities" is an area in which ground water occurs within an excavated area where reaction with naturally occurring minerals generates acid rock drainage or acid mine drainage. An excavated area may be a surface or underground mined area as well as a subsidence area whether or not the mined area is backfilled. Ground water beyond the excavated area is classified as described elsewhere in this rule.Tenn. Comp. R. & Regs. 0400-40-03-.07
Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered1200-04-03.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.