Tenn. Comp. R. & Regs. 0400-40-12-.02

Current through June 26, 2024

Section 0400-40-12-.02 - SILVICULTURAL ACTIVITY STOP WORK ORDERS - PROCEDURES

(1) Procedures

(a) Upon receipt by either the Tennessee Department of Environment and Conservation (TDEC) or Tennessee Department of Agriculture (TDA) of a complaint alleging that water pollution has occurred as a result of silvicultural activities, either TDEC or TDA, or both will conduct an investigation of the complaint.

(b) The operator will be given the opportunity to employ forestry best management practices, or other such remedial actions as are necessary, to come into compliance prior to commencing to obtain a Stop Work Order, except when the Commissioner deems otherwise necessary to address water pollution.

(c) Following a joint investigation or site visit by TDEC and/or TDA, if a stop work order is deemed necessary to abate pollution of waters of the State, TDEC shall begin procedures to issue a stop work order when all of the following criteria are met:

1. An operator has failed or refused to use forestry best management practices (BMP); and

2. A point source discharge has been created as a result of failure or refusal to use BMPs; and

3. Waters of the State have been polluted as a result of silvicultural activities.

(d) A request for stop work order will be completed by TDEC staff, and a stop work order will be submitted to the Commissioner for his consideration. The Commissioner of the Department of Environment and Conservation may issue the stop work order against the operator, following consultation with the Commissioner of Agriculture.

(e) The Stop Work Order

1. The stop work order shall contain at a minimum the following information:

(i) The name and address of the operator;

(ii) The name and address of the owner if different than the operator;

(iii) The location of the silvicultural activity;

(iv) The waterbody affected by the pollution;

(v) a description of the failure or refusal to use BMPs;

(vi) the nature of the point source discharge created by the activity; and

(vii) a description of the water pollution which has occurred.

2. The Stop Work Order will be hand delivered to the operator and the owner on the site or their last known addresses, if they are in the state. If they are out of state, it will be sent by certified mail, return receipt requested.

3. The stop work order shall require that the operator cease the silvicultural activities that are contributing to such pollution. This may include all of the silvicultural activities if they all contribute to the pollution.

4. The stop work order shall remain in effect until the operator installs forestry best management practices that eliminate existing pollution and prevent further pollution associated with the silvicultural activities.

Tenn. Comp. R. & Regs. 0400-40-12-.02

Original rule filed September 18, 2013; effective December 17, 2013. Rule renumbered from 1200-04-12.

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.