Section 0400-40-05-.12 - APPEALS(1) Permittees, applicants for permits, and aggrieved persons meeting the criteria of paragraph (3) of this rule who disagree with the denial, terms, or conditions of a permit may seek review of the Commissioner's decision by the Board pursuant to T.C.A. § 69-3-105(i) and § 69-3110.(2) All petitioners shall specify the basis for their appeal and state a claim for relief based on an alleged inconsistency with the Act or the rules promulgated thereunder. Permittees and applicants for permits shall specify what terms or conditions they are appealing in their petition. Only those terms or conditions specified in the petition will be considered subject to appeal. For permit modifications, only those terms that were the subject of the modification may be appealed. Aggrieved persons shall specify facts sufficient to establish that they have satisfied the criteria of paragraph (3) of this rule and otherwise have standing to appeal.(3) In order to be entitled to a review of the Commissioner's permit decision, aggrieved persons shall have: (a) Submitted a written comment during the public comment period on the permit;(b) Given testimony at a formal public hearing on the permit; or(c) Attended a public hearing as evidenced by completion of a Department of Environment and Conservation Record of Attendance Card or other method as determined by the Commissioner.(4) The basis for the appeal for aggrieved persons may only include issues that:(a) Were provided to the Commissioner in writing during the public comment period;(b) Were provided in testimony at a formal public hearing on the permit; or(c) Arise from any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment.(5) All petitions for permit appeals shall be filed within 30 days after the date that public notice of the Commissioner's decision to issue or deny the permit is given in accordance with paragraph (14) of Rule 0400-40-05-.06.Tenn. Comp. R. & Regs. 0400-40-05-.12
Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective 5/15/2022.Authority: T.C.A. §§ 4-5-201, et seq. and 69-3-101, et seq.