Section 0400-40-07-.02 - EXEMPTIONS(1) Management activities such as timber harvesting and beaver control which do not alter or adversely affect the classified uses of waters of the state are not subject to these requirements.(2) Agriculture and forestry activities and activities necessary to the conduct thereof and lands devoted to the production of agricultural or forestry products are exempt from the requirements of the Act and these rules, unless there is a point source discharge, as provided in T.C.A. § 69-3-120(g). Thus, normal farming, forestry and livestock management activities such as plowing, seeding, cultivating, minor drainage, water withdrawal for irrigation, and harvesting for the production of food, fiber, and forest products are exempt if they are part of an established (i.e., on-going) farming, forestry, or livestock management operation, unless there is a point source discharge.(3) The Department of Agriculture provides guidance for development of best management practices (BMPs) for agriculture and forestry. One of the primary goals of these BMPs is the prevention of soil erosion and discharge of silt and sedimentation to streams. These BMPs should be followed. If silvicultural activities have polluted waters of the state as a result of a failure to use BMPs, the Commissioner is authorized to issue a stop work order under T.C.A. § 69-3-133.(4) Existing water withdrawals on July 25, 2000, which do not adversely alter or affect the classified use of the source stream are not subject to these requirements.Tenn. Comp. R. & Regs. 0400-40-07-.02
Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-07. Amendments filed June 13, 2019; effective 9/11/2019.Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.