Section 0400-40-06-.03 - PERMIT APPLICATION, ISSUANCE(1) Any person who plans to operate a non-discharging wastewater system, other than an exempt septic system discharging only to a subsurface drain field, shall apply in writing for a state operating permit (SOP) on forms provided by the Commissioner and secure such a permit prior to operation or expiration of an existing permit. The Commissioner may make these application forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40. Completed applications shall be submitted no later than 180 days in advance of the date on which a new or expanded activity will begin operation or the date of expiration of an existing permit for an ongoing activity.(2) Applicants shall complete and submit standard application forms supplied by the Commissioner together with such engineering reports, plans, and specifications as are required. The Commissioner may subsequently request additional reasonable information as required to make the permit decision. Processing of the application shall not be completed until all requested information has been submitted. Within 30 days of receipt of the application, the Commissioner will notify the applicant of any deficiencies or that the application is complete. This provision does not preclude the Commissioner from later requesting additional information that after the notice of completeness is issued, is determined to be necessary for permit processing.(3) Non-discharging large AFOs, as defined by TABLE 0400-40-05-.14.1 of Rule 0400-40-05-.14, that utilize liquid waste management systems, shall seek and obtain coverage under a SOP prior to commencing operation. Other non-discharging AFOs may seek and obtain coverage under a SOP. All AFOs seeking to obtain permit coverage shall submit an application to the Commissioner. All AFOs seeking to obtain permit coverage shall submit a nutrient management plan as outlined in subparagraphs (10)(a) and (b) of Rule 0400-40-05-.14.(4) Applications shall be submitted and signed in accordance with the following:(a) For a corporation, by a:1. Responsible corporate officer, i.e., a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation;2. Manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions that govern the operation of the regulated facility to assure long term environmental compliance with environmental laws and regulations; or3. Person in a corporate position to whom signatory authority has been delegated by a corporate officer.(b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.(c) For a municipality, state, federal, or other public agency, by a:1. Principal executive officer (i.e., the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency); or2. Ranking elected official.(5) The Commissioner will not authorize the construction, installation, or modification of a sewerage system, or part thereof, or any extension or addition thereto, until after the end of the public comment period as outlined in Rule 0400-40-06-.04.(6) The Commissioner shall issue permits only to persons as defined in T.C.A. § 69-3-103(27). Private corporations, limited liability companies, or limited liability partnerships must be in good standing with the Tennessee Secretary of State to be eligible for permit coverage. Out-of-state corporations, limited liability companies, or limited liability partnerships must be registered with the Tennessee Secretary of State to be eligible for permit coverage.(7) The Commissioner shall not issue a permit or a renewal of a permit to an applicant unless all fees required by T.C.A. Title 68, Chapter 203 have been paid in full.(8) Public sewerage system applicants shall be a municipality, a public utility, a wastewater authority, a privately owned public utility (having a Certificate of Convenience and Necessity from the Tennessee Public Utility Commission), or another public agency.(9) This chapter requires the submission of forms developed by the Commissioner to comply with certain requirements, including, but not limited to, making reports, submitting monitoring results, and applying for permits. The Commissioner may make these forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.Tenn. Comp. R. & Regs. 0400-40-06-.03
New rules filed February 14, 2022; effective 5/15/2022.Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.