Section 0400-40-13-.06 - TERMS AND CONDITIONS FOR INDIVIDUAL PERMITS(1) Based upon review of all pertinent information the Commissioner may issue, deny or issue a permit with conditions.(2) When issuing a permit, the Commissioner may include conditions in the permit, including but not limited to the following: (a) The amount of water approved for transfer may be varied seasonally;(b) The transfer of water shall be required to cease or decrease when the instantaneous stream flow of the river basin of origin is equal to or less than a specified value;(c) Special provisions in order to promote an adequate water supply for the state or to mitigate any future adverse conditions resulting from the transfer;(d) Installation, maintenance and use of stream flow monitoring equipment;(e) Establishment and reporting of transfer activities by the permittee.(3) Upon the issuance by the Governor of a declaration or proclamation of an emergency relating to water resources, the Commissioner may:(a) waive the usual permitting requirements and issue a temporary emergency transfer permit. Any such permit must be limited to meet the needs created by the emergency, and any such permit may be issued for a period no longer than six months or the duration of the Governor's declaration or proclamation, whichever period is shorter; or(b) modify or revoke and reissue any inter-basin transfer permit.(4) Permits shall be issued for a renewable term of not more than five years. The Commissioner may coordinate permits with the issuance cycle for NPDES permits in a watershed.(5) Permits may contain such terms and conditions as are appropriate to carry out the purposes of the Act and this chapter. This includes, but is not limited to, provisions for filing periodic reports on the amount transferred and the flow in the losing river.(6) Applicants may apply for permit modifications to increase the authorized transfer amount or for other reasons within the term of the permit.(7) The Commissioner may modify, suspend, or revoke a permit for the reasons specified in T.C.A. § 69-7-206.(8) A transfer permit may be renewed following a full review by the Commissioner of all past and current information relating to the transfer. An application for transfer permit renewal shall be filed by the applicant with the Commissioner a minimum of six (6) months prior to permit expiration.(9) No permit may be transferred from one person to any other person except upon review and approval by the Commissioner. In reviewing a request for a permit transfer, the Commissioner may modify any of the permit terms.Tenn. Comp. R. & Regs. 0400-40-13-.06
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.