Section 0400-40-03-.09 - SITE SPECIFIC IMPAIRED CLASSIFICATION PETITION PROCESS(1) Any person who encounters ground water that may meet the requirements for Site Specific Impaired, may petition the board to adopt a rule reclassifying that ground water as Site Specific Impaired, using the process set forth in this rule. Any costs involved in making the petition shall be borne by the petitioner. The petition shall include the following, unless it is determined by the department in writing that the site conditions render any of them unnecessary: (a) An assessment of the horizontal and vertical extent of the contamination;(b) An evaluation of the hydrogeology of the area including but not limited to the ground water flow rate and direction, permeability, recharge area, ground water classification and location of local water wells, springs and seeps;(c) An evaluation of the area geology including, but not limited to, soil type, soil permeability, soil porosity, depth to bedrock, and identification of geologic formations;(d) A description of the corrective actions or response actions taken or proposed;(e) The chemical characteristics of the constituents(s) including, but not limited to, the constituent's solubility, mobility, toxicity, and carcinogenicity, the nature of and the level of constituents to remain or be present in the ground water and the calculations and rationale used in the determination;(f) A feasibility study, which evaluates clean-up alternatives, the cost, and the time to complete each alternative;(g) An evaluation of current and reasonably anticipated future ground water use within the proposed site specific impaired area and within a one-half (1/2) mile radius of the proposed Site Specific Impaired area; the impact of conduit flow shall be evaluated in karst areas;(h) An evaluation of current and reasonably anticipated future land uses within the proposed Site Specific Impaired area and within a one-half (1/2;) mile radius of the proposed Site Specific Impaired area;(i) An evaluation of the potential of the constituent to migrate through soil and ground water to: 4. subsurface utilities; and(j) A description of any existing or proposed monitoring program to observe constituent levels in soil and ground water;(k) Evaluation of the existing or anticipated actual exposure pathways (inhalation, ingestion, dermal contact, etc.) of the constituents and an assessment of the human health risks presented by exposure to the constituents as well as the impact, if any, of the constituents on fish and aquatic life pursuant to this Chapter;(l) Consideration of the classification in Rule0400-40-03-.07 that would apply to the ground water at the site if it were not contaminated;(m) Analysis of the benefits of the restored resource;(n) A description of how and when the contamination occurred, if known;(o) A plat map with the proposed site-specific ground water area superimposed on it that shows all property owners for properties included in the Site Specific Impaired classification with contact information for owners of each property and identification and contact information for the parties paying property taxes on each property in the proposed Site Specific Impaired classification area; and(p) Other items as requested by the department associated with the evaluation of the petition.(2) Because Site Specific Impaired classification 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. In addition to the requirements for public input under the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-201 et seq., the petitioner shall, at a minimum, notify the party of record paying property taxes for each property subject to the Site Specific Impaired classification of the petition and the process for submitting comments on said petition. The petitioner shall provide a copy of such notification to the department.(3) In the evaluation of a petition to classify ground water as Site Specific Impaired, the board may consider the following:(a) the extent of any threat to human health or safety;(b) the extent of damage to the environment;(c) technology commercially available to accomplish restoration;(d) a comparison of the environmental and economic costs and benefits to be derived from ground water quality restoration with the environmental and economic costs and benefits to be derived from classification as Site Specific Impaired;(e) analysis of the restored resource;(f) the point of classification change;(g) contaminant or pollution source identification and cleanup;(i) other appropriate information presented in the petition.Tenn. Comp. R. & Regs. 0400-40-03-.09
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.