Section 0400-40-13-.03 - INDIVIDUAL PERMIT APPLICATIONS(1) Information required in a permit application. Any person required to apply for a permit for an inter-basin water transfer under paragraph (3) of Rule 0400-40-13-.01 and T.C.A. § 69-7-204 shall submit an application for such permit on forms furnished, upon request, by the Commissioner. The application shall require an applicant to provide the commissioner the following information:
(a) The volume of the proposed withdrawal and the proposed transfer stated in gallons per day that the applicant seeks to be authorized;(b) Identification of all of the withdrawal, return, and transfer points;(c) The volume of water that will be returned to the basin of origin or a downstream basin;(d) The peak capacity of each major component in the proposed withdrawal and transfer facilities;(e) Engineering and economic justification for the capacity of each major component of the proposed withdrawal and transfer facilities;(f) An assessment of the hydraulic and environmental impacts of the withdrawal on the losing river;(g) An engineering, environmental, and economic assessment of the feasibility of utilizing alternate water sources by the water system in the receiving basin;(h) A listing of conservation programs or practices occurring or proposed of the system in the receiving river basin;(i) The proposed date upon which the water transfer is to commence;(j) The purpose and justification for the proposed transfer; and(k) Any other appropriate information deemed necessary by the Commissioner for review of the proposed transfer.(2) All permit applications shall be signed as follows:(a) For a corporation: by a responsible corporate officer. For the purpose of this subparagraph, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation.(b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or(c) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this subparagraph, a principal executive officer of a Federal agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA).(3) Interface with other required permits under the Act.(a) In some situations an activity may have to apply for both an inter-basin transfer permit and a permit under the Water Quality Control Act for the withdrawal. The latter is sometimes referred to as an Aquatic Resource Alteration Permit (ARAP). In such a situation the Division of Water Resources shall have the applicant file one application for both permits that contains all information necessary for both and then shall process the application and either issue it with all conditions required by both Acts or deny it as required by either Act. The regulations for ARAP permits are found in Chapter 0400-40-07.(4) Application Fees The application fees for individual inter-basin transfer permits shall be $250 for a flow less than or equal to 125,000 gpd; $500 for a flow greater than 125,000 gpd and less than or equal to 250,000 gpd; $750 for a flow greater than 250,000 gpd and less than or equal to 375,000 gpd; and $1,000 for a flow greater than 375,000 gpd and less than or equal to 500,000 gpd. Above 500,000 gpd, the fee shall be $1,000 for each 500,000 gpd or fraction thereof. These flows shall be such flows authorized to be transferred by the permit. This shall be calculated based upon the maximum amount authorized by the permit. This fee shall apply to new applications, renewals, or those modifications that extend the term of the permit. If an applicant for a permit modification only seeks an increase of the amount authorized to be transferred for the same permit term, then the fee shall be calculated on the basis of the difference in the two amounts.
Tenn. Comp. R. & Regs. 0400-40-13-.03
Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.