Section 0400-40-06-.05 - GENERAL TERMS AND CONDITIONS(1) When a permit is granted, the permit shall be subject to the provisions of the Act, these rules, and any special terms or conditions the Commissioner determines are necessary to fulfill the purposes, or enforce the provisions, of the Act. The Commissioner may impose conditions concerning the quality of treated wastewater other than those specified herein as needed based on the quality of the raw wastewater.(2) Permits shall impose monitoring, recording, reporting, and inspection requirements as determined necessary by the Commissioner to assure adequate treatment of wastewater and proper operation of the sewerage system to meet the requirements of the Act and of this chapter. All monitoring conducted pursuant to permits issued under this chapter shall be representative of the wastewater being sampled.(3) Permits may require best management practices to carry out the purposes and intent of the Act.(4) The following terms and conditions shall apply to all SOPs:(a) The standard conditions established by paragraph (2) of Rule 0400-40-05-.07, as applicable.(b) There shall be no discharge to any surface waters or to any location where the discharge is likely to enter surface waters, except as separately authorized by an NPDES permit.(c) There shall be no discharge of wastewater to groundwater, except as separately authorized by an underground injection control permit.(d) The sewerage system shall be operated in a manner preventing the creation of a health hazard or a nuisance.(e) Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Notwithstanding this permit, the permittee shall remain liable for any damages sustained by the State of Tennessee, including but not limited to fish kills and losses of aquatic life and/or wildlife, as a result of the discharge of wastewater to any surface or subsurface waters.(f) Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state or federal law.(g) The permittee may not add wasteloads to the permitted system in a quantity or quality not currently permitted without prior notice to, and written approval from, the Commissioner.(h) The permittee shall own the sewerage system, including treatment works, collection systems, and land application areas, including any parts thereof and extensions thereto (except as provided in paragraph (2) of Rule 0400-40-06-.09), as applicable. A recorded perpetual easement in a form approved by the Commissioner may be provided in lieu of fee title. Evidence of such ownership or access rights must be provided to, and approved by, the Commissioner prior to commencement of operation. This subparagraph does not apply to land application areas for AFOs.Tenn. Comp. R. & Regs. 0400-40-06-.05
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.