Section 0400-40-03-.12 - REPORTING REQUIREMENT(1) The Board acknowledges that the General Assembly has given it the authority to promulgate rules for the prevention, control, and abatement of pollution in T.C.A. § 69-3-105(b). The board finds a necessary first step toward controlling and abating pollution is becoming aware of the situation. This is especially needed in the case of ground water, as it is not in plain view as surface water often is. Furthermore, once the department has documents relating to an instance of pollution, they are generally going to be open to the public. Making the public aware of pollution both increases the likelihood that the pollution will be abated and that the public will be able to take appropriate action to reduce harmful exposure. These findings, in addition to the provision of T.C.A. § 69-3-114(b) making it unlawful to refuse to furnish any information required by the Board, are the basis for the requirement stated in paragraph (2) of this rule.(2) Owners or prospective purchasers of property used for commercial or industrial purposes who test the ground water or perched water on the property shall notify the Commissioner of any contamination of such water if it is currently used as potable water and it exceeds general use criteria or if an environmental professional engaged by such owner or prospective purchaser reasonably concludes that it poses some other substantial risk to health or safety, including but not limited to, situations in which vapors released from the water are causing an explosion hazard or a current inhalation hazard with a hazard quotient of greater than 1 or a cancer risk of greater than 1 x 10-6.(3) Routine sampling and reporting of ground water or perched water data required by an agency of the Department as part of a regulatory program obligation shall constitute reporting for the purposes of this rule.Tenn. Comp. R. & Regs. 0400-40-03-.12
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.