Tenn. Comp. R. & Regs. 0400-40-06-.04

Current through June 26, 2024

Section 0400-40-06-.04 - NOTICE AND PUBLIC PARTICIPATION

(1) Each completed permit application shall be evaluated and a tentative determination of whether to issue or deny a permit shall be made. If a tentative determination is made to issue a permit, then a draft permit shall be prepared for public notice that includes the proposed conditions.

(2) For each application for which a tentative determination is made to issue a permit, the Commissioner shall prepare a rationale to be published with the draft permit that includes or considers as appropriate:

(a) The type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, conveyed, pumped and hauled, land applied, or used;

(b) A brief summary of the basis for the draft permit conditions;

(c) The location of the activity or activities described in the application;

(d) The tentative determination regarding the proposed activity; and

(e) Name, telephone number, and electronic mail address of a person to contact for additional information.

(3) No public notice is required:

(a) When a request for permit modification, revocation and reissuance, or termination is denied based on the Commissioner's determination that the request was not justified (written notice of that denial shall be given to the requester and to the permittee); or

(b) For minor permit modifications, which include corrections of typographical errors, requiring more frequent monitoring or reporting, changing an interim compliance date, or allowing a change of ownership.

(4) Public notices may describe more than one permit or permit actions.

(5) Public notice of a draft permit (including a notice of intent to deny a permit application for a new or expanded activity) required under this rule shall allow at least 30 days for public comment.

(6) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit, and the two notices may be combined.

(7) To inform interested and potentially interested persons of the proposed activity and of the tentative determinations regarding it, public notice shall be circulated within the geographical area of the proposed activity by the following means:

(a) By mailing (either electronically or physically) a copy of the notice to the following persons:

1. The applicant;

2. Any other agency the Commissioner knows has issued, or is required to issue, other permits for the same facility or activity;

3. Persons on a mailing list for permit actions developed by:

(i) Including those who request in writing to be on the list; and

(ii) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, newsletters, environmental bulletins, or state law journals. The Commissioner may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Commissioner may delete from the list the name of any person who fails to respond to such a request;

4. To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

5. To each state agency having any authority under state law with respect to the construction or operation of such facility.

(b) The applicant shall post a sign within view of a public road in the vicinity of the proposed SOP activity as specified by the Commissioner. The sign shall contain those provisions as specified by the Commissioner. The sign shall be of such size that it is readily visible from the public road. Also, the sign shall be maintained for at least 30 days following distribution of the approved public notice.

(c) If determined necessary by the Commissioner, any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases, website postings, or any other forum or medium to elicit public participation, may be utilized.

(8) Public notice of applications shall include the following:

(a) Name and address of the Division of Water Resources and the phone number and electronic mail address of the assigned permit writer;

(b) Name and location address of each applicant;

(c) Brief description of each applicant's wastewater activities or operations;

(d) Name of any surface waters adjacent to, or within 0.25 miles of, the proposed activity;

(e) A statement of the tentative determination to issue or deny a permit for the activity described in the application;

(f) A brief description of the procedures for the formulation of final determinations, including the minimum 30-day comment period required by this rule and any other means by which interested persons may influence or comment upon those determinations;

(g) Instructions for finding additional information online;

(h) Address and phone number of the premises at which interested persons may obtain further information, request a copy of the draft permit, request a copy of the rationale, and inspect and copy forms and related documents; and

(i) Any other information that the Commissioner deems necessary.

(9) Interested persons may submit written comments on the tentative determinations within either 30 days of public notice or such greater period as the Commissioner allows in writing. All written comments submitted shall be retained and considered in the final determination.

(10) Interested persons may request in writing that the Commissioner hold a public hearing on any application. The request shall be filed as soon as practicable within the period allowed for public comment and shall indicate the interest of the party filing it and the water quality reasons why a hearing is warranted. If there is a significant public interest in having a hearing to address water quality concerns or other requirements of the Act, the Commissioner shall hold a hearing in the geographical area of the proposed activity. Instances of doubt should be resolved in favor of holding the hearing.

(11) Special provisions regarding public notices for public hearings.

(a) In addition to the public notice procedures of paragraph (7) of this rule, notice of public hearing shall be sent to all persons who received a copy of the notice or rationale for the application, any person who submitted comments on the draft permit action, all persons who requested the public hearing, and any person who specifically requests a copy of the notice of hearing.

(b) Each notice of a public hearing shall include at least the following contents:

1. Name and address of the Division of Water Resources and the phone number and electronic mail address of the assigned permit writer;

2. Name and address of each applicant whose application will be considered at the hearing;

3. Name of, and approximate distance to, the nearest stream;

4. A brief reference to the public notice issued for each application, including identification number and date of issuance;

5. Information regarding the time and location for the hearing;

6. The purpose of the hearing;

7. A concise statement of the issues raised by the persons requesting the hearing;

8. Address and phone number of premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents;

9. A brief description of the nature of the hearing, including the rules and procedures to be followed; and

10. Any other information deemed necessary by the Commissioner.

Tenn. Comp. R. & Regs. 0400-40-06-.04

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.