(2) The following standard conditions, where appropriate, apply to NPDES permits:(a) Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit.
(c) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances, including but not limited to collection and conveyance systems) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Low pressure pumps, low pressure tanks, septic tank effluent pumps (STEP), STEP tanks, and septic tank effluent gravity tanks are integral to the treatment and conveyance of sewage in a low-pressure system design, and shall be owned or under control of the municipality, other body of government, public utility district, or a privately owned public utility demonstrating lawful jurisdiction over the service area. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems, which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.
(d) Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. Causes for such permit action include but are not limited to the following:
1. Violation of any terms or conditions of the permit;2. Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; and3. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.(e) Property rights. This permit does not convey property rights of any sort, or any exclusive privilege.
(f) Duty to provide information. The permittee shall furnish to the Commissioner, within a reasonable time, any information which the Commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Commissioner, upon request, copies of records required to be kept by this permit.
(g) Inspection and entry. The permittee shall allow the Commissioner, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit;2. Have access to and copy, at reasonable times, any records that shall be kept under the conditions of this permit;3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Commissioner.(h) Monitoring, records, and reporting. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the Director at any time.
1. Records of monitoring information shall include:(i) The date, exact place, and time of sampling or measurements;(ii) The individual(s) who performed the sampling or measurements;(iii) The date analyses were performed;(iv) The individual(s) who performed the analyses;(v) The laboratory where the analyses were performed;(vi) The analytical techniques or methods used; and(vii) The results of such analyses.2. Monitoring shall be conducted according to test procedures approved under 40 C.F.R. Part 136 (2021), unless another method is required under 40 C.F.R. Subchapters N or O (2021).3. Regular reporting (at a frequency of not less than once per year) to assure that compliance is being achieved will normally be required of the discharger in any permit as indicated below: (i) Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or forms provided or specified by the Commissioner.(ii) If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under 40 C.F.R. Part 136 (2021), or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or other reporting form specified by the Commissioner.(iii) Calculations for all limitations, which require averaging of measurements, shall utilize an arithmetic mean unless otherwise specified in the permit.(i) Signatory requirement. All reports or information submitted to the Commissioner shall be signed and certified by the persons identified in subparagraphs (6)(a) through (c) of Rule 0400-40-05-.05, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
1. The authorization is made in writing by a person identified in subparagraphs (6)(a) through (c) of Rule 0400-40-05-.05;2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity or an individual or position having overall responsibility for environmental matters for the company; and3. The written authorization is submitted to the Commissioner.(j) Planned changes. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:
1. The alteration or addition to a permitted facility is considered a new source as defined in Rule 0400-40-05-.02;2. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged; or3. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices.(k) Transfers. Individual permits are not transferable to any person except after notice to the Commissioner, as specified below. The Commissioner may require modification or revocation and reissuance of the permit to change the name of the permittee.
1. The permittee notifies the Commissioner of the proposed transfer at least 30 days in advance of the proposed transfer date.2. The notice includes a written agreement between the existing and new permittees containing a specified date for transfer of permit responsibility, coverage, and liability between them.3. The permittee shall provide the following information to the Commissioner in the permittee's formal notice of intent to transfer ownership:(i) The permit number of the subject permit;(ii) The effective date of the proposed transfer;(iii) The name and address of the transferor;(iv) The name and address of the transferee;(v) The names of the responsible parties for both the transferor and transferee;(vi) A statement that the transferee assumes responsibility for the subject permit;(vii) A statement that the transferor relinquishes responsibility for the subject permit;(viii) The signatures of the responsible parties for both the transferor and transferee pursuant to the signatory requirements of subparagraph (i) of this paragraph; and(ix) A statement regarding any proposed modifications to the facility, its operations, or any other changes, which might affect the permit, limits, and conditions contained in the permit.(l) Bypass, as defined in Rule 0400-40-05-.02, is prohibited unless: 1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and3.(i) For anticipated bypass, the permittee submits prior notice, if possible at least ten days before the date of the bypass; or(ii) For unanticipated bypass, the permittee submits notice of an unanticipated bypass within 24 hours from the time that the permittee becomes aware of the bypass.(m) A bypass that does not cause effluent limitations to be exceeded may be allowed only if the bypass is necessary for essential maintenance to assure efficient operation. The permittee must sample and report the discharge during each bypass to demonstrate that the bypass does not cause effluent limitations to be exceeded.(n)1. For publicly owned treatment works (POTW) or domestic wastewater treatment plants, sanitary sewer overflows, including dry-weather overflows and wet weather overflows, are prohibited. Releases caused by improper operation and maintenance, which is to be determined by the Commissioner based on the totality of the circumstances, are prohibited.
2. For industrial dischargers, the discharge of pollutants from any location other than a permitted outfall is prohibited.(o) Twenty-four hour reporting. In the case of any noncompliance, or any release (whether or not caused by improper operation and maintenance), which could cause a threat to human health or the environment, the permittee shall:
1. Report the noncompliance or release to the Commissioner within 24 hours from the time the permittee becomes aware of the circumstances. Such noncompliance or release includes, but is not limited to, any unanticipated bypass exceeding any effluent limitation, any upset exceeding any effluent limitation, and violations of any maximum daily effluent limitation identified in the permit as requiring 24-hour reporting.2. Submit a written report within five days of the time the permittee becomes aware of the noncompliance. The permittee shall provide the following information:(i) A description of, and the cause of the noncompliance or release;(ii) The period of noncompliance or release, including start and end dates and times or, if not corrected, the anticipated time the noncompliance or release is expected to continue;(iii) The steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance or release; and(iv) For POTWs or domestic wastewater treatment plants, reporting any dry weather overflow, wet weather overflow, dry weather release, wet weather release, combined sewer overflow, or bypass, this written report must also include the following: (II) Type of sewer overflow, release, or bypass structure (e.g., manhole, combined sewer overflow outfall);(III) Estimated volume (gallons);(IV) Types of human health and environmental impacts;(V) Location (latitude and longitude);(VI) Estimated duration (hours);(VII) The next downstream pump station (for overflows and releases only); and (VIII) The name of receiving water (if applicable).3. Industrial dischargers that do not treat domestic waste shall comply with subpart 2.(iv) of this subparagraph with respect to bypasses only.(p) Other Noncompliance. 1. All permittees shall report each instance of noncompliance or any release (whether or not caused by improper operation and maintenance), not reported under subparagraph (o) of this paragraph at the time of submitting the next routine monitoring report, including all information required by subparts (o)2.(i), (ii), and (iii) of this paragraph.2. In addition to the information required by part 1. of this subparagraph, POTWs and domestic wastewater treatment plants shall submit a written report containing the information required by subpart (o)2.(iv) of this paragraph. If these events are caused by an extreme weather event, the Commissioner may provide a written waiver of some or all of these reporting requirements.3. In addition to the information required by part 1. of this subparagraph, industrial dischargers shall submit a written report of bypasses containing the information required by subpart (o)2.(iv) of this paragraph. This part does not relieve industrial dischargers from any applicable reporting requirements of 40 C.F.R. Part 117 (2021) and 40 C.F.R. Part 302 (2021).(q)1. An upset shall constitute an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the permittee demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(i) An upset occurred and that the permittee can identify the cause(s) of the upset;(ii) The permitted facility was at the time being operated in a prudent and workman-like manner and in compliance with proper operation and maintenance procedures;(iii) The permittee submitted information required under "Reporting of Noncompliance" within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission shall be provided within five days); and(iv) The permittee complied with any remedial measures required under "Adverse Impact."2. In any enforcement proceeding, the permittee seeking to establish the affirmative defense of an upset has the burden of proof.(r) The permittee shall take all reasonable steps to minimize any adverse impact to the waters of Tennessee resulting from noncompliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying discharge. It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.(s) Industrial/mining dischargers shall notify the Commissioner as soon as they know or have reason to believe: 1. That any activity has occurred or will occur which would result in the discharge on a routine or frequent basis, of any toxic substance(s) (listed at 40 C.F.R. Part 122 (2021), Appendix D, Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (i) 100 micrograms per liter (100 µg/l);(ii) 200 micrograms per liter (200 µg/l) for acrolein and acrylonitrile; 500 micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and 1 milligram per liter (1 mg/L) for antimony;(iii) Five times the maximum concentration value reported for that pollutant in the permit application; or(iv) The level established by the Commissioner.2. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (i) 500 micrograms per liter (500 µg/l);(ii) 1 milligram per liter (1 mg/L) for antimony;(iii) 10 times the maximum concentration value reported for that pollutant in the permit application; or(iv) The level established by the Commissioner.(t) If the permit is for a discharge from a publicly owned treatment works (POTW), the permittee shall provide notice to the Commissioner of the following:1. Any new introduction of pollutants into such treatment works from a source which would be a new source subject to new source performance standards if such source were discharging pollutants;2. Except as to such categories and classes of sources or discharges specified by the Commissioner, any new introduction of pollutants into such treatment works from a source which would be required to obtain a permit if such source were discharging pollutants;3. Any substantial change in volume or character of pollutants being introduced into such treatment works by a source introducing pollutants into such works at the time of issuance of the permit; and4. Such notice shall include information on: (i) The quality and quantity of effluent to be introduced into such treatment works; and(ii) Any anticipated impact of such change in the quantity or quality of effluent to be discharged from such publicly owned treatment works.