Tenn. Comp. R. & Regs. 0400-40-13-.04

Current through June 26, 2024

Section 0400-40-13-.04 - PUBLIC INVOLVEMENT

(1) After receipt of an application, the department staff shall approve a Public Notice to seek public participation and comment on the application. The approved Public Notice shall be distributed to interested persons and shall be circulated within thirty (30) days of receipt of a completed application as follows:

(a) In order to inform interested and potentially interested persons of the proposed activity, the Public Notice will include the following information:

1. Name, address, and telephone number of the applicant;

2. Name and address of TDEC contact person;

3. A brief description of the proposed withdrawal and transfer, including the volumes;

4. The names of the specific waters affected by the proposed activity as well as the basin of origin and the receiving basin;

5. The purpose of the proposed transfer;

6. The procedure to submit comments on the proposed activity and the close of the comment period which shall not be sooner than thirty (30) days from receipt of the application;

7. The procedure for requesting a public hearing; and

8. A brief description of the procedure for the commissioner to make a final determination to issue a permit.

(b) TDEC will distribute the approved Public Notice to interested persons who have requested TDEC notify them of inter-basin transfer permit applications and by posting it on the TDEC website. TDEC will also distribute the Notice to the individuals on the mailing list maintained by the Permit Section, Division of Water Resources and to the individuals on the mailing list maintained by the Natural Resources Section, Division of Water Resources.

(c) The Applicant shall distribute the approved Public Notice as follows:

1. Publish a notice of the permit application once a week for four consecutive weeks in a newspaper of general circulation in each potentially affected community in the river basin of origin;

2. Provide notice of the application to a responsible official with each potentially affected community and water user within the proposed basin of origin by certified mail, return receipt requested; and

3. Post a minimum of three public notices in public buildings, e.g., courthouses, libraries, city halls, in each potentially affected community in the river basin of origin.

(2) During the comment period, any person who may be adversely affected by a water transfer may submit a statement to the Commissioner briefly outlining why the person believes he may be adversely affected and making any comments in regard to permit issuance or denial or permit conditions. Upon receipt of such a statement, the Commissioner will schedule a public hearing on the permit application. Notice shall be given of the public hearing at least thirty (30) days prior to the hearing.

Tenn. Comp. R. & Regs. 0400-40-13-.04

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.