Tenn. Comp. R. & Regs. 0400-40-12-.01
The purpose of this Chapter is to implement the amendment to the Tennessee Water Quality Control Act, T.C.A. §§ 69-3-101 et seq., by Public Chapter 680 of the Acts of 2000. This statute gives the Commissioner new authority to alleviate pollution of waters of the state when caused by silvicultural activities due to the operator's failure or refusal to employ forestry best management practices (BMPs). Under the Act, the Commissioner of the Department of Environment and Conservation may issue a stop work order to the operator of the silvicultural activities, the order remaining in force until such time as compliance is achieved. This Chapter also implements a requirement for notification of silvicultural activities to the Commissioner of Environment and Conservation and to the Commissioner of Agriculture prior to commencement of any such activities by operators who have been formally found to have violated the Tennessee Water Quality Control Act related to silvicultural activities within the past two years.
These rules are promulgated specifically in response to the directive in § 6 of Public Chapter 680 for criteria and procedures for the issuance, appeal, and suspension of Stop Work Orders.
When used in these rules the following terms have the meanings given below unless otherwise specified:
"Act" means P.Ch. 680 of the Acts of 2000.
"Commissioner" means the Commissioner of the Department of Environment and Conservation, or in the event of the Commissioner's absence, or a vacancy in the office of Commissioner, the Deputy Commissioner.
"Date of a finding of violation" means the date of issuance of a Commissioner's Order or Stop Work Order or the date of entry of a court order.
"Finding of violation" means a Commissioner's Order, a Stop Work Order, or a ruling, order, or judgment of a court that makes a finding that an operator has violated the Water Quality Control Act in the conduct of silvicultural activities.
"Forestry best management practices" or "BMP's" mean those land and water resource conservation measures that prevent, limit, or eliminate water pollution for forest resource management purposes, as provided in Tennessee Department of Agriculture rules for forestry best management practices, Chapter 0800-07-02 and the interim forestry BMP's specifically identified by the Department of Agriculture pursuant to § 1 of the Act.
"Silvicultural activities" means those forest management activities associated with the harvesting of timber and including without limitation the construction of roads and trails.
"Operator" as used in context of silvicultural activities, means any person(s) that conducts or exercises control over any silvicultural activities; provided, however, that the term "operator" shall not include an owner if the silvicultural activities are being conducted by an independent contractor.
"Owner" as used in the context of silvicultural activities, means any person(s) that owns or leases land on which silvicultural activities occur or owns timber on land on which silvicultural activities occur.
"Stop Work Order" means an order issued by the Commissioner of the Department of Environment and Conservation requiring the operator to immediately cease part or all silvicultural activities.
Tenn. Comp. R. & Regs. 0400-40-12-.01
Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.