 

PROGRAM DESCRIPTION OF THE STATE OF TENNESSEE 

DEPARTMENT OF ENVIRONMENT AND CONSERVATION

UNDERGROUND INJECTION CONTROL PROGRAM

DIVISION OF WATER SUPPLY



MISSION STATEMENT OF THE DIVISION OF WATER SUPPLY

The Mission Statement of the Division of Water Supply (DWS) is “To
enhance the quality of life of the citizens of Tennessee by ensuring the
safety and quality of our drinking water and non-federal dams through
training, technical assistance and the enforcement of laws and
regulations and to protect our environment through source water
protection programs, ground water activities and licensing.”

This submittal is intended to provide a consolidated reference document
for acquiring primacy for the Underground Injection Control Program. 
This portion of the application identifies the technical information and
application requirements for the Underground Injection Control (UIC)
permit.  This submittal will delineate all steps in the process,
including responsible personnel, and approximate process milestones. 
Additional information includes statute and rule authorization, a
process flow chart, and supporting documentation.  This submittal is
only intended to describe routine conditions normally encountered with
the UIC permitting process.  Additional processes and/or irregular
conditions that could be involved with UIC permitting will be considered
independently of this submittal.

Authority to operate the statewide UIC program within the Tennessee
Department of Environment and Conservation has been delegated to the
Division of Water Supply (DWS), and is currently administered by the
Ground Water Management Section (GWMS).  Rule 1200-4-6 classifies
injection wells as Class I through Class V.  Tennessee has opted to ban
all Class I hazardous waste injection wells (1200-4-6-.10(1)(a) and
Tennessee does not possess the mineral resources for Class III wells,
but state regulations do exist for Class I, Class II, Class III, Class
IV, and Class V injection wells.  Class IV wells are prohibited by
Federal regulations, by provisions of state Rule 1200-4-6-.13 and are
closed down when encountered.  Tennessee’s UIC program maintains
regulations and seeks primacy for all classes of the Underground
Injection Control Program.

Rule 1200-4-6-.11 requires that all Class II wells either be
individually permitted or covered under area permits as stated in
1200-4-6-.11(f).  There are currently twenty five Class II wells
registered in the state.  These wells are currently regulated by EPA.

Rule 1200-4-6-.14 provides for the permitting of Class V underground
injection activities either individually or by rule (which is equivalent
to the federal rule authorization) at the discretion of the Department. 
All owners or operators of Class V wells are required to submit a Class
V application; This application includes all inventory information or
the owner/operator must cease discharge to the injection well.  At no
time shall an owner or operator of a Class V injection well discharge to
the well without a current authorization.  The permitting process is
described in 1200-4-6-.07 through 1200-4-6-.08 Class V authorization is
addressed in 1200-4-6-.14.  The Division’s policy is to authorize most
storm water discharges and other discharges having low contamination
potential (discharges from disposal systems that contain only sanitary
waste) by rule.  Discharges resulting from commercial or industrial
process waste streams, which may contain more than sanitary wastewater,
are evaluated on a case-by-case basis as to whether or not to require an
individual permit.  

In order to determine if a discharge from a commercial or industrial
process wastewater stream requires an individual permit; several
portions of the waste stream and the facility are reviewed.  The first
point to be considered is the chemical makeup of the waste stream
including reviewing Material Safety and Data Sheets (MSDS) for the
materials used.  If the facility is already in operation then an
analysis of the waste stream is required in order to characterize the
entire set of chemical constituents.  The results are checked against
the Maximum Contaminant Level (MCL) list, as well as Health Based
Standards and Advisories for chemicals with no MCL to determine if any
of the substances are above drinking water standards or health risks. 
If the constituents are above the MCL’s or health risk numbers then
the facility would be required to propose a treatment system to bring
the discharge into compliance.  If the facility has not been
constructed, then the products and any proposed waste stream from the
facility will be evaluated for its potential contaminant load.  If the
system will be discharging at levels over the MCL’s then the facility
will not be allowed to discharge and must propose treatment devices to
bring the discharge into acceptable levels as well as any necessary
remediation to the soil and groundwater.  Once the system is operational
and can be proven to be effective then standard  sampling and monitoring
parameters as stated in the authorization will apply.

An on-site inspection is required prior to issuance of an individual
permit or authorization to operate under the rule provisions.  In either
case, construction and/or operating conditions may be stipulated and
made part of the permit or authorization.  Failure to abide by these
conditions may be considered cause for revocation of the permit or
authorization.

The following chart depicts the activity process for acquiring an
Authorization to Discharge.

 



STEP #	ACTIVITY	DATE/INITIAL	MANDATED DUE DATE

1	Receive application and fee

  FORMTEXT ___       

2	Conduct application review



3	Conduct site inspection

  FORMTEXT ___       

4	General permit issued

  FORMTEXT ___       

5	Individual permit required:

  Additional information received

  Public Hearing

  Additional information reviewed	

	  FORMTEXT ___       

6	Individual permit issued

With conditions and requirements for sampling and testing

  FORMTEXT ___       

7	Permit denied

  FORMTEXT ___       



Responsible Person	Steps

Central Office CO/ Geologist/Environmental Specialist	1.  Receive
notification and fee to operate injection well

If application (See Section Six) is requested, send information packet
to applicant

Assist applicant with application information

Review application information when application is submitted

Review appropriate file information

Schedule site inspection

Level of Effort for this step:  0.2 - 1.0 hours

(Depends on site complexity)



CO/EFO Geologist Environmental Specialist 	2.  Conduct on-site
inspection

Review application information

Review site specific operating parameters

Determine site suitability for injection well

Correct application information, if necessary

If general authorization can be issued, go to step 3

If individual permit can be issued, go to step 4

Level of Effort for this step:  1.0 - 12 hours

(Depends on travel time to and from site location)



CO/ Geologist/ Environmental Specialist	3.  General authorization can be
issued

Authorization can be issued in the field or from the office

Assist applicant with additional application information

Determine conditions for authorization

Fill in authorization form letter

Give authorization to applicant, or mail to applicant

Copy authorization to other agencies and individuals affected by the
authorization (e.g., other state agencies, local government entities,
EPA) 

Level of Effort for this step:  0.2 - 2.0 hours

(Depends on availability of information necessary to write permit)



CO Geologist	4.  Individual permit must be issued

Assist applicant with filling out/correcting application

Begin to determine specific conditions for permit

Ask applicant for additional information

Individual permits are required for all Class I and Class II wells and
any Class V wells that may employ the use of innovative technology,
sensitive land use, etc 

All individual permits must have a public hearing

Level of Effort for this step:  1.0 - 12 hours

(Level of effort for this step is determined at step 2)



CO Geologist	5.  Receive and review additional technical information

Is all information submitted?

Is information acceptable?

If additional information is needed, request from applicant

If public notice option (innovated technology, sensitive land use, etc.)
is needed follow public participation process

Level of Effort for this step:  1.0 hours - 180 days

(Depends on complexity of material)



CO Geologist	6.  Issue individual permit if acceptable

Using authorization letter, modify by including specific site conditions
and limits

Send permit to applicant

Level of Effort for this step:  0.5 hours

(Typical work history)



CO Geologist	7.  Deny individual permit if appropriate

Notify applicant by phone and letter

Advise applicant to modify and resubmit information

If applicant resubmits information, go to step 5

Advise applicant of appeal process

If applicant appeals denial, follow appeal process

Level of Effort for this step:  2.0 hours

(Typical work history)





The State of Tennessee does not contain within its borders any Tribal
Lands; therefore there are no provisions for regulations on tribal lands
within the borders of the State of Tennessee.

All public notices for the UIC program will be issued following the
Uniform Administrative Procedures Act Tennessee Code Annotated (T.C. A.)
4-5-101 (Section 5).  This act sets the time frame for all public
notices and the official procedures for notification of the public and
other interested parties for all public notices in T.C.A. 4-5-203.

4-5-203. Notice of hearing. 

(a)	Whenever an agency is required by law to hold a public hearing as
part of its rulemaking process, the agency shall: 

(1)	Transmit written notice of the hearings to the secretary of state
for publication in the notice section of the monthly administrative
register and, if a statute applicable to the specific agency or a
specific rule or class of rules under consideration requires some other
form of publication, publish notice as required by that statute in
addition to publication in the notice section of the monthly
administrative register; and 

(2)	Take such other steps as it deems necessary to convey effective
notice to persons who are likely to have an interest in the proposed
rulemaking. 

(b)	Except as otherwise permitted by § 4-5-204(e), notice through
publication in the monthly administrative register shall be given at
least forty-five (45) days prior to the date set for the hearing and
shall be deemed to have been given on the first day of the month after
the month in which the notice was transmitted to the secretary of state
for such publication. 

(c)	The notice which this section requires an agency to give shall
include: 

(1)	A statement of the time and place at which the hearing is to be
held; 

(2) 

(A)	The express terms of the rule being proposed; provided, that an
informative summary reasonably calculated to give notice to interested
parties may be substituted for the express terms of the proposed rule
if: 

(i)	The express terms of the rule being proposed are filed with the
secretary of state; 

(ii)	The secretary of state determines that publication of the entire
text of the proposed rule would be impractical; and 

(iii)	The complete text of the express terms of the proposed rule is
made available by the secretary of state or the agency for public
inspection and copying; 

(B)	Nothing in this section shall be construed to preclude an agency
from making changes in the rule being proposed after the public hearing,
so long as the changes are within the scope of the rulemaking notice
filed with the secretary of state; 

(3)	Insofar as practicable, a reference to the statutory authority
pursuant to which the agency proposed to adopt the rule; and 

(4)	Any additional matter which may be prescribed by statute applicable
to the specific rule or class of rules under consideration. 

(d)	Failure of any person to receive notice of a hearing on proposed
rulemaking is not grounds for invalidating the resulting rule if notice
of the hearing was published as provided in subdivision (a)(1). 

(e)	The secretary of state shall prescribe rules governing the manner
and form in which written notice of hearings shall be transmitted by the
agencies to the secretary of state for publication in the notice section
of the monthly administrative register. The secretary of state may
refuse to accept for publication any notice of hearing transmitted that
does not conform to such requirements, in which case transmission of
notice shall be deemed not to have been satisfied under the provisions
of subdivision (a)(1) and subsection (b). 

[Acts 1975, ch. 370, § 8; T.C.A., §§ 4-

ORGANIZATION

The Division of Water Supply will house the Underground Injection
Control Program for the State of Tennessee.  The Division is located
within the Department of Environment and Conservation.  The Division
Director is responsible to the Senior Water Director who answers to the
Deputy Commissioner of Environment who reports to the Commissioner of
the Department.  The Commissioner of Environment and Conservation is a
member of the Governor’s Cabinet.

The day-to-day operation of the UIC program will be carried out under
the Ground Water Management Section within the Division of Water Supply.
 (Please see attached organizational chart).  The UIC program is staffed
with an Environmental Specialist 5 part time in the role of UIC
Coordinator for the State out of the Central Office in Nashville.  The
position is funded by the Section 106 Ground Water Grant.  This person
is currently the main contact for all UIC issues in the State and also
acts as the Assistant Source Water Protection Coordinator. This position
has the primary responsibility for coordinating the statewide
Underground Injection Control Program (UIC) and consulting with the
EPA’s UIC program staff.  Under this person is a Geologist 4 who will
have the primary responsibility for the daily field operation of the
program.  The duties of this Geologist 4 position include evaluation of
property for issuance of construction permits for UIC issues, issuance
of construction permits, construction inspections, and compliance
inspections once the system is in operation to determine compliance with
regulatory requirements.  All Ground Water Management (UIC) staff are
involved in the collection of water/waste water samples, evaluation of
subdivision plats for storm water, investigating complaints, providing
technical assistance, and issuing UIC permits for Class I, Class II,
Class III and Class V injection wells. Other duties include providing
technical assistance to other divisions and the regulated community on
groundwater treatment technologies.  The UIC Coordinator is also
responsible for instituting enforcement actions when the regulated
community is found to be in non-compliance.  This position requires
overnight travel; work with computer databases, fieldwork, tracking of
multiple projects, and public interaction.  A general knowledge of the
geology of the State is also required.  

The UIC Coordinator also has two field office staffers on a part-time
basis.  One of these two positions is a Environmental Protection
Specialist 3 (engineering degree is required, but not a Professional
Engineering (P.E.) certification) in Knoxville and the other is an
Environmental Specialist 3 in Johnson City.  These are located in the
Knoxville Environmental Field Office (EFO) and the Johnson City
Environmental Field Office (EFO).  The duties of these positions include
property evaluation for issuance of construction permits for UIC issues,
construction inspection, and compliance inspections after the system is
in operation, water/waste water sample collection, subdivision plat
evaluations for storm water, complaint investigations, and providing
technical assistance to owners of Class V injection wells.  Other duties
include providing technical assistance to other Divisions and the
regulated community on groundwater treatment technologies.  The UIC
inspector is also responsible for instituting enforcement actions when
the regulated community is found to be in non-compliance and other
duties as deemed necessary.

The Division of Water Supply has staff in seven of the eight
Environmental Field Offices (EFOs) across the State; each Environmental
Field Office contains staff that is at the disposal of the UIC
Coordinator for field inspections while working within the geographical
boundaries of each EFO.  

The UIC Coordinator will be responsible for the Class II program.  The
Division of Water Supply will continue to work closely with the Division
of Water Pollution Control, which houses the State’s Oil & Gas
Program.  Both of these Divisions fall under the jurisdiction of the
Commissioner of Environment and Conservation and the Senior Water
Director.  The Division of Water Pollution Control has two field
inspectors who are knowledgeable in all aspects of the production and
storage of crude oil and gas, and will be a valuable resource for the
UIC program. The UIC program is responsible for the operation and
inspection of the Class II program but is currently writing a MOA with
the Oil and Gas Program in order to train their inspectors to help with
the program.  Once this MOA is completed a copy will be submitted to EPA
as a supplemental portion to this section.

The UIC Coordinator will be responsible for all Class V Large Capacity
Septic Systems (commercial, industrial and large residential), as well
as the rest of the Class V program.  Currently the State of Tennessee
has personnel from the Division of Ground Water Protection (part of the
Department of Environment and Conservation) in most counties in the
State.  The Division of Groundwater Protection has the responsibility
for permitting the location of all subsurface sewage disposal systems in
the state.  The Division of Water Supply and the Division of Ground
Water Protection have an existing Memorandum of Understanding (see
attached MOU Section 5) on how the large capacity systems are to be
handled.  The Division of Water Supply will assess each system on the
type and content of injected fluid, while Ground Water Protection will
address the size of the tank; the amount of field line required and soil
type for each of the systems.  No Large Capacity Septic System will be
operated without authorization from both Divisions.  This agreement
offers the UIC Coordinator an active field presence in each county in
the State. 



DEC FLOW CHART



Electronic versions please insert PDF File DEC Flow



DWS FLOW CHART



Electronic versions please insert PDF File DWS Flow

ESTIMATED COSTS OF ESTABLISHING AND OPERATING THE PROGRAM WITH FUNDING
SOURCES

Tennessee has an operating program covering the UIC issues in the State.
 The estimated costs for the establishment of an Underground Injection
Control program in Tennessee are already absorbed by the State.    In
order to maintain this program it is estimated that one hundred
twenty-three thousand thirty six dollars ($123,036) will be required to
operate the existing UIC program for the State.  The money is to come
from a federal grant (see Application for Federal Assistance) and money
from the State fee program.   The program is itemized below with current
and estimated operating monies. A breakdown of this sum is as follows:

	Item	Federal Funds ($)	State Funds ($)

	A	Personnel	48,198.00	26,350.00

	B.	Fringe Benefits	14,459.40	7,905.00

	C.	Travel	3,391.32	500.00

V.	D.	Equipment	1,000.00	100.00

Expenditure	E.	Supplies	1,000.00	100.00

by	F.	Contractual	0.00	0.00

Object Class	G.	Other Direct Charges	0.00	0.00

	H.	Indirect Charges	12,951.28	7,080.51

	I.	Total	81,000	42,035.51







A.	Administration	5,400.00	8,126.96

	B.	Permitting	10,800.00	5,604.80

	C.	Surveillance, Inspection, and Quality Assurance	27,000.00	11,209.60

VI.	D.	Enforcement	10,800.00	5,604.80

Expenditure

by

Program	E.	Aquifer Identification and Exemption	0.00	280.54

Element	F.	Class V Assessment	21,600.00	0.00

	G.	Data Management	2,700.00	5,604.80

	H.	Public Information, Training, and Technical Assistance	2,700.00
5,604.80

	I.	Other	0.00	0.00

	J.	Total	81,000.00	42,036



Of the One-hundred twenty-three thousand  thirty six dollars ($123,036),
the State expects to receive from the Environmental Protection Agency in
fiscal year 10-11, Eighty one thousand  ($81,000.00).  The Fees from the
individual users is estimated to be at or around forty two thousand
thirty six dollars ($42,036).  Any fee monies collected by the UIC
program are placed in individual cost centers under the Environmental
Protection Fund (EPF) to be used by the UIC program as needed.

ENFORCEMENT AND COMPLIANCE TRACKING

The purpose of this policy and procedures statement is to define the
roles, activities and responsibilities for the Division of Water Supply
personnel whose duties include enforcement tasks relevant to T.C.A.
Sections 68-221-701 et seq., 68-221-901 et seq., 69-3-101 et seq., and
69-11-101 et seq. and the attendant rules and/or regulations promulgated
thereto.  In addition, it establishes a methodology for ensuring a
systematic and consistent process for those enforcement actions and
decisions in a manner designed to be consistent with the similar
policies and procedures adopted by the Bureau of Environment within the
Department of Environment and Conservation.

The Division of Water Supply’s mission falls within the overall
mission of the Tennessee Department of Environment and Conservation.  To
achieve its mission within the Department the Division provides training
and technical assistance, license and enforcement, review, and
investigation.  The Division protects the public and assumes the role of
a public advocate by regulating underground injection; including the
taking of enforcement actions against those who violate the acts, laws,
and rules that the Division is responsible for administering.  The
Division of Water Supply’s Enforcement Section is responsible for
determining if sufficient documentation is available to establish
non-compliance, drafting of orders and tracking compliance with orders
issued.

The Division of Water Supply discovers violations of the Safe Drinking
Water Act and the Tennessee Water Quality Control Act (Tennessee’s UIC
program is authorized by the Water Quality Control Act) through several
means.  In addition to discovering violations while conducting complaint
investigations, staff also identifies violations while conducting
on-site evaluations of facilities.  These are announced and unannounced
on-site inspections of the facilities where samples may be taken and
reviews of all required reporting data submitted to the State.  Though
many deficiencies are often identified, the Division uses several
methods to insure public safety.  Often times an immediate site
rectification is needed. And the owner/operator is notified and
voluntary corrective actions are taken immediately without further
enforcement actions being required.  If deficiencies are not addressed
by a facility and the deficiencies persist then more formal enforcement
actions proceed.  Some deficiencies have been identified by DWS staff as
items, which are “critical” to the protection of quality groundwater
and/or essential to proper management of an injection system.  These
deficiencies must be addressed by the facility immediately and trigger
further enforcement.  In these instances the facility receives a Notice
of Violation (NOV) or Notice of Noncompliance (NONC) and may be subject
to additional enforcement action to achieve compliance.

A Notice of Violation (NOV) is an initial notification that the
recipient has committed a violation of statute or rule.  It cites the
statute or rule violated, and describes the failure or action, which
constitutes the violation.  The NOV normally will direct a course of
action to correct or mitigate the violation, and set a compliance
deadline by which such action must be completed.  The NOV is considered
to be an "informal" enforcement action, and does not assess a civil
penalty.

A Notice of Non-Compliance (NONC) is a second notification to a
regulated party of the regulated party's failure to comply with the
provisions of an earlier NOV.  It is an appropriate action in either of
two circumstances:

a.	The violator has failed to perform or accomplish corrective actions
directed by the Department in a NOV in accordance with the prescribed
compliance deadline; or,

b.	the violator has committed a second violation of the same statute or
rule section as was previously cited in a NOV issued to that violator.
In this case, the violator is put on notice by the previous NOV that a
certain action or omission constitutes violation of a statute or rule,
and subsequently commits a second violation, thereby "failing to comply"
with the previous notice.

A NONC is again considered to be an "informal" enforcement action and
does not assess a civil penalty, but normally will request a meeting
with the regulated party to discuss the violation and obtain a
commitment from the regulated party to correct the violation and to come
into and remain in compliance.  Such a meeting is commonly called a
Compliance Review Meeting (CRM).  At the CRM, the violator is asked to
sign a Letter of Agreement (LOA), which is a voluntary stipulation by
the violator that he will take certain specified actions to come into
and remain in compliance.  If the violator declines to execute this
voluntary compliance agreement, the Division may issue a Compliance
Schedule, as part of a Commissioner’s order which is a non-voluntary
directive issued on behalf of the Commissioner and intended to prescribe
actions, which the regulated party is to take to achieve compliance.

Failure by the regulated party to comply with the corrective actions
contained in either a Letter of Agreement or a Compliance Schedule will
normally result in formal enforcement action, including administrative
sanctions and assessment of civil penalties.  Although the above steps
are typically followed, this is a matter of policy and not required by
statute or rule.  If there is a need for immediate formal enforcement to
protect human health or environment this can be done under the
Commissioner’s authority.

In addition to identifying violations through complaint investigations,
the Division of Water Supply (DWS) identifies violations through the
submittal (and/or non-submittal) of samples, data, and/or
plans/studies/certifications.  Examples of violations identified in this
manner include the failure by a facility to collect required injectate
monitoring samples in accordance with permit. 

Prior to the issue of the NOV or NONC, all documentation must be
reviewed by the program manager, and the EFO or NCO for concurrence
and/or notice.  Once reviews have been performed and concurrence
reached, the NOV or NONC is issued to the violator (See the “Overview
of the Enforcement Process” table below which identifies the major
steps in the enforcement process.)

OVERVIEW OF THE ENFORCEMENT PROCESS GENERALLY USED BY DIVISION PROGRAM
REGARDING COMMISSIONER’S

ADMINISTRATIVE ORDERS*

Drinking		Water			Safe			Water

Water			Well			Dams			Environmental

Program,		Program		Program		Health

WHP and								Act

UIC Programs

______________________________________________________________________

NOV			NOV			NOV			NOV

NONC1		NONC1		NONC1		NONC1

NONC2		NONC2		NONC2		NONC2

EAR			EAR			EAR			EAR

CRM			CRM			CRM			CRM

NONC3		NONC3		NONC3		NONC3

CO*			CO*			CO*			CO*

WQCB		-			-				WEHB

*Director’s Administrative Orders may be issued at any time subsequent
to formally notifying a violator of deficiencies.  A CRM or SCM may be
required at the discretion of the Director under delegated authority
(see section 9 Director’s Order).

Once a NOV is issued, division staff will monitor the situation to
determine if the violator responds to the notice and corrections are
made or violations cease.  Where compliance is not achieved, DWS staff
may issue a Notice of Noncompliance (NONC), and request a Compliance
Review Meeting (CRM) if the practice warrants discussion with the
respondent.  Issues which warrant a CRM, include those where the
respondent may not be clear on process or procedure, or time is needed
to bring the practice or situation into compliance.  The result of a CRM
should be a Letter of Agreement (LOA), whereby the respondent makes a
commitment to achieve compliance within a specific time frame.  Where
compliance is achieved as a result of these efforts enforcement may be
ceased.  Where compliance is not achieved as a result of the CRM, staff
shall prepare an Enforcement Action Request (EAR) documenting the
non-compliance and the Division of Water Supply’s efforts to assist
the respondent to achieve compliance.  The EAR will then be reviewed
thoroughly by the Division’s Enforcement Coordinator for accuracy and
completeness.  The Division or respondent may request a Compliance
Review Meeting (CRM) if it is felt the respondent needs further
explanation of the violations or is willing to accept a Letter of
Agreement (LOA).  A Compliance Review Meeting allows the Division to
gather other information that may negate the need for enforcement or may
provide further documentation.  Both of these processes are established
for the Division to inform a violator and attempt to reach an agreement
with the violator.  These steps can be skipped and formal enforcement
instituted if the violation is one that will cause harm to the
environment and or human health, or if the violator does not wish to
work with the Division.  The CRM should be used to come to an
understanding of the situation, provide additional time, obtain a
commitment, or gather additional information on the respondent’s
efforts to comply.  Where the DWS does not achieve further progress in
either one of these objectives further enforcement should be initiated
and a letter sent to the respondent informing the respondent of the
Division’s intention to pursue further enforcement action.  Where
compliance is achieved within the parameters of the Letter of Agreement
(LOA) enforcement may cease and the case closed.

Further enforcement is pursued either through the issuance of a
Director’s Order (DO) or a Commissioner’s Order (CO).  A
director’s order is somewhat analogous to a “speeding ticket.”  It
is a quicker procedure with the level of fine typically on the order of
$250 to $1,000.  This is to be used when the violation is considered to
be less significant or a quicker response is needed to protect human
health or the environment.  A Commissioner’s Order is placed on a
violator when the violation is significant or requires a more in-depth
repair and or a larger penalty is warranted.  The proper mechanism is
determined by whether or not the Director has been delegated the
authority to address the particular issues through a Director’s order.
 Where authority has not been delegated to the Director, an EAR and
Draft Commissioner’s Order must be sent to the Department’s Office
of General Council (OGC) for review.  Follow-up enforcement action is
the responsibility of the OGC, e.g. modifications to the draft order,
routing and review of the order.  Once the Order is signed by the
Commissioner, the Order is served to the responsible party.

Once a Director’s Order or Commissioner’s Order is issued via
Certified Mail the date of the signed receipt sets the 30 day clock to
an appeal using the date the Respondent received the Order.  The
respondent may choose to comply with the order according to the schedule
and actions dictated by the order; he may ignore the order or the
respondent may appeal the order.  If the respondent chooses to ignore
the order the matter must be pursued in either General Sessions Court
(in the event that it is a collection issue) or Chancery Court.  In such
instances the Division through counsel may seek to have the
respondent’s operation closed, equipment impounded, or other
appropriate action taken.  If the respondent appeals the order the
matter must be referred to OGC (if the appeal was sent to the DWS) to be
scheduled to be heard before the Water Quality Control Board with an
Administrative Law Judge (ALJ).  Where a matter is appealed, the
respondent must do so in a timely matter (usually 30 days) and provide
reasons for the appeal.  Prior to the case being heard by a board and
ALJ the parties often negotiate on the issues.  If an agreement can be
reached relative to the amount of penalty, timeframe for coming into
compliance, etc. the board may approve the Agreed Order.  Cases heard by
a board and subsequently appealed are then scheduled with an ALJ present
at the Board hearing.  Enforcement actions go to public notice as stated
in the Memorandum on Enforcement (See Section 4 end of MOA).  The State
is required to follow the Uniform Public Procedures Act T.C.A 4-5-301 et
seq. on all matters of business.

Normal Enforcement Procedures - The procedures of this part will be
applied and implemented for violations that are not considered
potentially dangerous to the environment and/or an imminent health
hazard.  These would include violations, which, if continued over an
extended period of time, could result in degradation of the environment
and/or the health of individuals in the area.  These violations are
processed as described in the following procedures (note- an emergency
would warrant skipping many of these steps):

STEP #	ACTIVITY	DATE/INITIAL	MANDATED DUE DATE

1	Violation discovered or validated through reporting or monitoring
data, an inspection, sanitary survey, complaint investigation or other
type of inspection	EFO or Nashville Central Office	  FORMTEXT ___       

a.	Hand deliver or mail a Notice of Violation to the violator.  The
correspondence shall be designated as “Notice of Violation.”  In the
event that the Notice of Violation is being forwarded to a government
entity, the Notice of Violation should be sent to the highest ranking or
principal official with copies being sent to other applicable persons.

Within thirty (30) days of violation discovery.  Within ten (10) days of
receipt from Nashville Central Office for reporting or monitoring
violations

b.	The Notice of Violation should cite those violations found and
include a reasonable compliance deadline



2.	Perform Follow-up inspection activity to assess compliance measures.
EFO or Nashville Central Office	Within thirty (30) days of expiration of
compliance deadline.

a.	If violation is corrected no further action is required by the
violator.  The Division may assess civil penalties and damages.  The
case must be appropriately documented and included in the file.



b.	Written report documenting follow-up activity must be prepared
indicating results and finding of follow-up inspection.



3.	If a violation is not corrected a Second Notice of Violation may be
issued to a violator with an abbreviated compliance deadline.  Depending
upon the situation, a Notice of Non-compliance may be issued to the
violator.  If the situation warrants issuance of a NONC, a Compliance
Review Meeting may be scheduled if applicable.	EFO or Nashville Central
Office

	a.	The Second Notice of Violation, or NONC, if for the same violation,
shall be hand delivered or issued by certified mail delivery to a
violator.  The Notice shall be designated as a “Second Notice” of
Violation or Non-Compliance.

Within fifteen (15) working days of follow-up activity

b.	The NONC shall be hand delivered or issued by certified mail delivery
to a violator.  The Notice shall be designated as a “Notice of
Non-Compliance.”  A CRM shall normally be scheduled within thirty (30)
days of such notice to address the violations.

Within fifteen (15) working days of follow-up activity

c.	 A LOA shall normally be offered to a violator (exception- cases of
fraud), during the CRM, for execution as a method to address compliance
issues.  The LOA shall be designated as “Letter of Agreement.”  The
document shall set forth specific terms and dates for compliance.  In
the event a violator wishes to review the document prior to execution, a
date of return shall be established.

During the CRM and in no case to exceed fifteen (15) days subsequent to
the CRM

4.	Perform follow-up activity.  Staff which initiated a LOA are
responsible for tracking of deadlines established therein.	EFO or
Nashville Central Office	Within thirty (30) days from expiration date of
compliance deadline

a.	If violation is corrected no further action is required.  Appropriate
documentation included in file.



b.	If the violation is not corrected, the violator fails to attend the
scheduled CRM, the LOA offered to a violator is not returned, or the LOA
has been compromised, a written report shall be made of the relevant
follow-up activity.

As soon as possible but within fifteen (15) days of follow-up activity

5.	 Prepare and submit an Enforcement Action Request (EAR) file to the
Enforcement Section.	Nashville Central Office	Within thirty (30) days of
follow-up activity

6.	Enforcement Section Manager and staff determine appropriate course of
action considering recommendation of EFO Office Manager or Section
Manager.	Nashville Central Office	Dependent upon case load and state of
EAR file completeness - action normally initiated within thirty (30)
days of receipt



Division Director’s Order Procedure 



1.	Enforcement Section presents EAR file and penalty proposal to
Division Director and obtains approval to proceed.	Nashville Central
Office	Within ten (10) days of determining  appropriate course of action

2.	Enforcement Section prepares an administrative order for the
Director’s signature.  The Division Director issues an administrative
order in approved format.  Division Director may elect to request that
the violator attend a CRM prior to issuance of an administrative order
in which case the time frame will be modified.	Nashville Central Office
Within five (5) days of being notified of approval by Division Director

3.	Perform follow-up activity if appropriate to verify compliance with
order.	EFO or Nashville Central Office	Within ten (10) days of
compliance deadline

a.	If in compliance no further action required.  Include appropriate
documentation to EAR file.

Within ten (10) days of follow-up activity

b.	If not in compliance or penalties unpaid, include necessary
documentation for submittal to Office of General Counsel for action or
collection.

Within ten (10) days of follow-up activity



DELEGATION OF COMMISSIONER’S AUTHORITY

UNDER

THE WATER QUALITY CONTROL ACT

Underground Injection Control Program

Purpose

The Division of Water Supply (DWS) is responsible for regulating the
injection of fluids and other substances to the State’s underground
water resources.  The Division is continually seeking the most efficient
and effective means of preventing the pollution of the State’s ground
water resources to ensure protection of the environment and the citizens
of the State of Tennessee.

Facts

The focus of the Water Quality Control Act (T.C.A. Section 69-3-101 et
seq.), and the Underground Injection Control Regulations promulgated
under it is to safeguard the public health and the quality of the
environment by protecting the ground waters of the State.  The rules
utilized to regulate injection activity are by necessity preventative in
nature.  Consequently, immediate enforcement action is often necessary
to alleviate any activity which might contaminate the ground water
resources of the State. 

In order to effectively and efficiently administer this Act and
regulations, the DWS submits this proposal to enable the Division to
address similar cases in an efficient manner.  This system will allow
enforcement to be more timely, which makes it more effective.  In the
event the violation(s) is (are) not abated or new violations are
encountered and after consultation with OGC, DWS shall pursue
appropriate additional enforcement action, either administrative or
judicial.

Proposal

The DWS proposes to issue a “Director’s Order” in many instances
for certain violations of the Act.  Such violations include: the
construction or operation of Class II and Class V injection wells,
including the disposal of fluids into sinkholes without a permit,
authorization or disposal outside the conditions of the permit, the
failure to maintain or submit required records or reports, and the
discharge of a pollutant affecting ground waters of the State.  The
failure to install or maintain erosion/sediment controls around a
sinkhole are also addressed in this proposal.  Noncompliance of Class I
, Class III, and Class IV wells will be addressed through the
enforcement procedures resulting in a Commissioner’s Order.  In
addition, the number of violations cited in a Director’s Order shall
be tallied or computed identically to how they are numbered or tallied
in a Commissioner’s Order, even though several violations (e.g.
construction of a class II injection well without authorization and
discharge of oil or other pollutant to a location affecting ground
water) are categorized under one category, each shall constitute a
separate violation.  Each and every report required and due shall
constitute a separate violation.  In addition, each and every day a
violation occurs shall constitute a separate violation.  Director’s
Orders issued under this proposed delegation would be signed by the
Division Director and mailed, by certified mail, to the offending
violator.

The procedure to be followed for a Director’s Order:

1.	The Division will discover the violation and/or inspect the
activity(s) being operated and/or review any records as may be available
and necessary for verification;

2.	The Division will prepare a Notice of Violation notifying the
offender of the violation(s) and set a schedule for compliance if
applicable;

3.	Upon obtaining documentation of the violation (through an inspection
or by confirmation of the records in the central office or both), DWS
will prepare the Director’s Order and mail the document by certified
mail;

4.	Prior to issuance, the Director’s Order and supporting
documentation will be reviewed by the Division Enforcement Chief and the
Director; and

5.	The Director’s Order may, dependent upon the circumstances, contain
corrective actions which must be accomplished in order for compliance to
be achieved.

Civil penalties will be assessed on all such delegated Orders in
accordance with the following schedule:

Activity/Violation 					Penalty

Construction or operation of a Class II injection			$1,500.00

well without permit or authorization

Failure to operate a Class II injection well in 			$500.00  

accordance with permit conditions			

Failure to maintain or submit required records			$250.00  

or reports								

Failure to properly plug and abandon Class II			$1,500.00

injection well

Discharge of oil brine, drilling fluid, or				$3,000.00

other pollutant to a location affecting ground

waters of the State without a permit or 

authorization by rule

Construction, conversion or operation of a Class V		$1,500.00

injection well without permit or authorization

Failure to operate Class V injection well in			$500.00  

accordance with permit conditions						

Failure to file notification of operation of an			$250.00 

existing Class V injection well, or failure to			

maintain or submit required records or reports

Discharge of sewage to a well, sinkhole, 			$1,500.00

sinking stream, or subsurface fluid distribution

system other than a subsurface sewage Disposal

system permitted under the provision of Rule

1200-1-6-.05

Discharge of industrial or commercial process			$1,500.00

waste to a Subsurface Sewage Disposal System

permitted under the provisions of Rule: 1200-

1-6-.05.

Disposal of commercial, industrial, -				$1,500.00 	

(Commercial or Industrial)

or household waste into a sinkhole

							$500.00 (Household)

Failure to install or maintain erosion/sediment 			$250.00  

controls around a sinkhole				

Failure to install or maintain treatment devices			$500.00 

required to prevent discharge of pollutants to a 				

Class V well

Failure to perform required monitoring of 			$250.00  

injectate or ground water						

Failure to properly plug and abandon Class V			$1,000.00

injection well

It is the intent of the Division that this enforcement mechanism be
swift, cover a short period of time and a small number of violations,
and consequently will result in relatively small civil penalties.  In
the event the violation is not abated, then the failure to comply with
the Director’s Order, as well as any continuing or new violations
since its issuance may be the subject of additional enforcement action,
either administrative or judicial.

Contingent Penalties Based on Corrective Actions

Further, the Division of Water Supply is given authority to issue
Director's Orders that include "corrective action."  The scope of
corrective action items addressed in a Director's Order shall include
all violations which are addressed by this delegation.  The DWS is given
authority to assess contingent penalties for violations of the Act as
set forth for the preceding violations not corrected as specified in the
Director's Order.  Failure to comply with the specified corrective
actions shall result in contingent penalties which are twice (2x) the
penalties assessed in the aforementioned paragraphs. The contingent
penalties shall be due if there is not timely compliance with the
specified corrective action.



Commissioner’s Order Procedure 



1.	Enforcement Section notifies Division Director of violator’s
failure to correct violation and prepares Notice of Compliance Review
Meeting if applicable.  The Notice shall indicate the history of
violation and efforts to seek compliance.  Further, the Notice shall
establish the date, time and location of the meeting and request the
violator’s attendance.  The Notice shall typically schedule CRM within
thirty (30) days of preparation of the Notice of CRM.  The Notice shall
be designated as “Notice to Meet.”	Nashville Central Office	Within
ten (10) days of determining appropriate course of action

2	Mail Notice of Compliance Review Meeting (CRM) to violator by
certified mail delivery if applicable.	Nashville Central Office	Within
two (2) days of approval and signature of Division Director

3.	Conduct CRM if applicable.	Nashville Central Office and EFO	As
scheduled in the Notice to Meet 

a.	Allows a violator to present evidence and explain why the violation
was not corrected within stated compliance schedules or as a result of
previous actions.



b.	Evaluates violators’ explanation for occurrence of violations and
allows Division to decide upon a course of action.



4.	Issue correspondence subsequent to CRM conveying Division’s
decision regarding enforcement action	Nashville Central Office	Within
fourteen (14) days of the CRM

a.	 If violator demonstrates good cause for violation, Division may
decide to postpone enforcement action.



b.	If violator does not demonstrate good cause for violation,
enforcement shall proceed normally as a Commissioner’s Order. 
However, a Director’s Order may be issued if circumstances are
favorable for issuance of such document.



5.	Enforcement section prepares a request for legal action to be
submitted to the Office of General Counsel with supporting
documentation.  Enforcement section also prepares a draft
Commissioner’s Order to be included in the request for legal action.
Nashville Central Office	Within thirty (30) days of the letter advising
violator of Division’s intent to pursue enforcement action

a.	Recommends priority for handling of case



b.	Includes civil penalty calculation and matrix



6.	Upon notification of acceptance of the request for legal action, the
Division shall submit the draft Commissioner’s Order to the assigned
attorney via E-mail or by micro-disk.	Nashville Central Office	As soon
as possible but not to exceed three (3) days from date of request



The penalties set by the Delegation of Commissioners Authority are only
a limit on the administrative procedure of a Director’s Order and are
calculated as penalty amount times day times number of wells in
non-compliance.  40 CFR 145.13 states the minimum level for the top of
the range of penalty authority in a court action.  For the state UIC
program this is set by T.C.A. Section 69-3-115 at Ten thousand ($10,000)
dollars per day of violation, which means each well, per day, per
violation.

Authority To Stop Any Unauthorized Activity Endangering Public Health Or
The Environment

The UIC program operates under the Tennessee Water Quality Control Act
(TNWQCA) which allows the commissioner the authority to take the
following actions to stop any unauthorized injection activity which may
endanger the public health or the environment:

69-3-117. Proceedings against violators - Injunctions.

The commissioner may initiate proceedings in the chancery court of
Davidson County or the county in which the activities occurred against
any person who is alleged to have violated or is about to violate this
part, conditions of permits issued under this part, the rules and
regulations of the board or orders of the board or commissioner. In such
action the commissioner may seek, and the court may grant, injunctive
relief and any other relief available in law or equity. Specifically,
the commissioner may seek injunctive relief against industrial users of
publicly owned treatment works who fail to pay user or cost recovery
charges or who violate pretreatment standards or toxic effluent
limitations established as a condition to the permit of the treatment
works.  

 [Acts 1971, ch. 164, § 16; 1972, ch. 444, § 1; 1977, ch. 366, § 1;
1979, ch. 422, § 22;

 T.C.A., § 70-339; Acts 1984, ch. 804, § 9.]

69-3-107. Duties and authority of the commissioner.

In addition to any power, duty, or responsibility given to the
commissioner under this part, the commissioner has the power, duty, and
responsibility to:  

(1)	 Exercise general supervision and control over the quality of all
state waters, administer and enforce all laws relating to pollution of
such waters, and administer and enforce this part, and all standards,
policies, rules, and regulations promulgated thereunder;  

(2)	Administer oaths, issue subpoenas, and compel the attendance of
witnesses and production of necessary data for all purposes of this
part;  

(3)	Bring suit in the name of the department for any violation of the
provisions of this part,  seeking any remedy therein provided and any
other statutory or common law remedy available for the control,
prevention, and abatement of pollution;  

(4)	 Proceed against, as provided in this part, any owner or operator of
any boat, located or operated on the waters of the state, that
discharges or causes to be discharged any sewage, other wastes, or other
substances into such waters in violation of this part or any rules or
regulations promulgated under this part;  

(5)	Make inspections and investigations, carry on research, or take such
other action as may be necessary to carry out the provisions of this
part;  

(6)	Enter or authorize the commissioner's agents to enter at all
reasonable times upon any property other than dwelling places for the
purpose of conducting investigations and studies or enforcing any of the
provisions of this part;  

(7)	Advise, consult, cooperate, contract, and make other binding
agreements with the various agencies of the federal government and with
state and local administrative and governmental agencies, colleges and
universities, or with any other persons:  

(A)	In furtherance of this part, the commissioner may require any state
or local agency to investigate and report on any matters involved in
water quality control; provided, that the burden, including costs, of
such reports shall bear a reasonable relationship to the need for the
reports and the benefits to be obtained from the reports; and  

(B)	In addition, the department has the authority, subject to approval
by the governor, to enter into agreements with other states and the
United States relative to prevention and control of pollution in
interstate waters. This authority is not be deemed to extend to the
modification of any agreement with the state concluded by direct
legislative act, but unless otherwise expressly provided, the department
shall be the agency for the administration and enforcement of any such
legislative agreement;  

(8)	Apply for, accept, administer, and utilize loans and grants from the
federal government, state government, and from any other sources, public
or private, for prevention, abatement, and control of pollution of the
waters of the state. The department is the water quality control agency
for the state for the purpose of any federal water pollution control
act;  

(9)	Prepare, publish, and issue such printed pamphlets and bulletins as
the department deems necessary for the dissemination of information to
the public concerning its activities;  

(10)	 Require the submission of such plans, specifications, technical
reports, and other information as deemed necessary to carry out the
provisions of this part or to carry out the  rules and regulations
adopted pursuant to this part;  

(11)	Be the administrative agent for the board and panel to carry out
the provisions of this part;  

(12)	 Make an annual report to the governor and the general assembly on
the status of water quality, including a description of the plan,
regulations in effect, and other pertinent information, together with
any recommendations the commissioner may care to make;  

(13)	Delegate to the director of the division with responsibility for
water quality control any of the powers, duties, and responsibilities of
the commissioner under this part except the commissioner's powers,
duties and responsibility as chair of the board;  

(14)	Issue permits and variances pursuant to § 69-3-108;  

(15)	Inspect waters of the state where good cause is shown that the
public health is threatened by pollutants therein and, upon verification
by the commissioner, post or cause to be posted such signs as required
to give notice to the public of the potential or actual dangers of
specific uses of such waters or restrictions of uses of such waters;  

(16)	Assess civil penalties in accordance with § 69-3-115;  

(17)	Apply the provisions of this part against any person who discharges
into a publicly owned treatment works who is causing a violation of this
part, or who is in violation of applicable pre-treatment standards;  

(18)	 Impose such restrictions, including an immediate cessation of
connections and line extensions, upon the expansion of any sewerage or
wastewater system as are necessary to mitigate or prevent violations of
this part;  

(19)	Prepare a written report on stream bank erosion in Tennessee to be
delivered to each member of the general assembly by January 15, 2000.
Such report shall contain the following:  

(A)	An examination of the causes of stream bank erosion;  

(B)	The effectiveness of existing and new methods of bank protection;  

(C)	An assessment of stream bank erosion in Tennessee; and  

(D)	 Any other matter the commissioner deems relevant to stream bank
erosion which may be of concern to the general assembly;  

(20)	 Conduct, or cause to be conducted, demonstration projects, to the
extent of available funds, of methods of bank stabilization and debris
removal in streams in western Middle Tennessee to be done as soon as is
practicable and a report shall be made to the general assembly after the
performance of the chosen techniques has been observed through at least
a full year;  

(21)	Conduct, or cause to be conducted, a study or project comparing
different techniques for stream bank stabilization and debris removal in
streams in western Middle Tennessee to be done as soon as possible,
either in conjunction with the project mentioned in the previous
subdivision, or separately;  

(22)	Develop a program of public education regarding simple, practical
and affordable techniques for cleaning debris from streams and for
stabilizing stream banks including field examples of activities
permissible without permits and activities that may be accomplished if
permits are obtained; and  

(23)	 Produce a video by not later than January 1, 1999, that shows the
above examples, explains the requirements of the law and rules for these
activities including the process of applying for a permit, and tells who
to call for further assistance, which shall be distributed at no cost to
public libraries and agricultural extension services.  

 [Acts 1971, ch. 164, § 6; 1977, ch. 366, § 1; 1979, ch. 422, § 19;
1982, ch. 917, § 1;

The TWQCA also allows for the Commissioner the authority to: 

69-3-109. Complaints - Orders for corrective action.

(a)	(1)	Whenever the commissioner has reason to believe that a violation
of 

	any provision of this part or regulation promulgated thereunder or
orders issued pursuant thereto has  occurred, is occurring, or is about
to occur, the commissioner may cause a written complaint to be served
upon the alleged violator or violators.  

(2)	The complaint shall specify the provision or provisions of this part
or regulation or order alleged to be violated or about to be violated,
the facts alleged to constitute a violation thereof, may order that
necessary corrective action be taken within a reasonable time to be 
prescribed in such order, and shall inform the violators of the
opportunity for a hearing  before the board.  

(3)	Any such order shall become final and not subject to review unless
the person or persons named therein request by written petition a
hearing before the board, as provided in § 69-3-110, no later than
thirty (30) days after the date such order is served; provided,  that
the board may review such final order on the same grounds upon which a
court of the  state may review default judgments.  

(b)	(1)	Whenever the commissioner, with the concurrence of the governor,


	finds that an emergency exists imperatively requiring immediate action
to protect the public health, safety, or welfare, or the health of
animals, fish, or aquatic life, or a public water supply, or
recreational, commercial, industrial, agricultural, or other reasonable
uses, the commissioner may, without prior notice, issue an order
reciting the existence of such an emergency and requiring that such
action be taken as the commissioner deems necessary to meet the
emergency.  

(2)	 If the violator fails to respond or is unable to respond to the
commissioner's order, the commissioner may take such emergency action as
the commissioner deems necessary, or contract with a qualified person or
persons to carry out the emergency measures. The commissioner may assess
the person or persons responsible for the emergency condition for actual
costs incurred by the commissioner in meeting the emergency.  

(3)	Furthermore, the commissioner is empowered to establish programs and
procedures to qualify the state for emergency funding from the federal
government.  

(c)	Except as otherwise expressly provided, any notice, complaint,
order, or other instrument issued by or under authority of this part may
be served on any person affected thereby personally, by the commissioner
or any person designated by the commissioner, or such service may be
made in accordance with Tennessee statutes authorizing service of
process in civil actions. Proof of service shall be filed in the office
of the commissioner.  

 [Acts 1971, ch. 164, § 8; 1971, ch. 386, § 3; 1977, ch. 366, § 1;
T.C.A., § 70-331.]

The UIC program also has the following procedures for receipt,
evaluation, retention and investigation for possible enforcement of all
notices and reports required of permittees and other regulated persons
(and for investigation for possible enforcement of failure to submit
these notices and reports): 

All notices and reports are to be submitted to the State as stated in
the permit authorization letter.  The notices and reports include all
sampling parameters required as well as any other requirements for proof
of maintenance, financial viability or other information deemed
necessary by the Department.  All notices and reports are to be
submitted to the State in a format that has been approved by the State. 
Once these notices and reports are submitted they are to be logged-in
and reviewed by State personnel for completeness, accuracy and
submission in a timely manner.  

In addition to independent information supplied by regulated persons,
the state UIC program has inspection and surveillance procedures to
determine if a site or facility is in compliance or noncompliance with
all applicable program requirements. The State also maintains a program
which is capable of making comprehensive surveys of all facilities and
activities subject to the State Director's authority in order to
identify persons subject to regulation who have failed to comply with
permit application or other program requirements. Any compilation,
index, or inventory of such facilities and activities shall be made
available to the Regional Administrator upon request.  The State is
currently focusing on Class V injection wells in wellhead protection
areas.  The Division has people in the field during the wellhead survey
recording all potential contaminant sources, including all facilities in
the wellhead area that are on septic systems.  The State contracted with
Tennessee Valley Authority (TVA) to do a class V inventory in the
Wellhead areas across the state the results of this study are in Section
9 TVA UIC Report.  The State of Tennessee has the regulatory authority
to identify and take action against persons subject to regulation who
have failed to comply with permit application or other program
requirements.  The state’s regulatory authority for permitting UIC
activities is set out in the following provisions of the UIC Rules.

1200—4—6—.07 Permit Required.

(1)	Except for exclusions specified in paragraph 1200—4—6—.03(3),
all injection wells and activities must be authorized by permit or by
rule.

(2)	For new injection wells, a permit must be obtained before
construction commences, unless the injection is authorized by rule as
described in paragraph 1200—4—6—.14(2).

(3)	The owner or operator of an existing Class II or III injection well
shall complete, sign and submit to the Department an application for
permit in conformance with this Chapter within six (6) months from the
date of approval of these Rules.  The owner or operator must demonstrate
to the satisfaction of the Department that the existing well complies
with all applicable Rules of this Chapter.

(4)	Continued injection into existing Class V Wells is authorized by
virtue of this rule provided compliance with rule 1200-4-6-.05(1) and
any other applicable rules of this Chapter are maintained.
Owners/operators of existing Class V wells that fail to maintain
compliance shall immediately cease operation and submit an application. 
Owners/operators of all existing Class V wells shall submit an
application within the appropriate time frame for each grand division as
specified in this rule.  Within six (6) months of the effective date of
this rule, owner/operators of injection wells within the Western Grand
Division must submit an application. Within twelve (12) months of the
effective date of this rule, owner/operators of injection wells within
the Central Grand Division must submit an application.   Within eighteen
(18) months of the effective date of this rule, owner/operators of
injection wells within the Eastern Grand Division must submit an
application.  If an application for an existing Class V well is not
submitted within the specified timeframe, the owner/operator shall be
subject to ceasing discharge and applying for a Class V permit and an
application fee for a new well as specified in 1200-4-6-.18(1).

(5)	The Department may require the owner or operator of a Class V
injection well authorized by rule to apply for and obtain an injection
well permit. Cases for which a permit may be required include:

(a)	The injection well is not in compliance with the standards required
by this Chapter.

(b)	Compliance with standards in addition to those listed in this
Chapter is required to protect USDWs from pollution.

(6)	Reserved.

(7)	Class V wells utilizing innovative or experimental technologies, may
not be authorized by rule, but only by a permit.  The permit shall
require a surety bond.

(8)	Emergency permits.

(a)	Coverage.  Notwithstanding any other provision of this Rule the
Commissioner may temporarily permit a specific underground injection if:

1.	An imminent and substantial endangerment to the health of persons
will result unless a temporary emergency permit is granted, provided the
injection will not result in the movement of fluids into underground
sources of drinking water; or

2.	(i)	A substantial and irretrievable loss of oil or gas resources will
occur unless a temporary emergency permit is granted to a Class II well;
and

(ii)	Timely application for a permit could not be practically made; and

(iii)	The injection will not result in the movement of fluids into
underground sources of drinking water; or

3.	A substantial delay in production of oil or gas resources will occur
unless a temporary emergency permit is granted to a new Class II well
and the temporary authorization will not result in the movement of
fluids into an underground source of drinking water.

(b)	Requirements for issuance.

1.	Any temporary permit under part (a)1 of this paragraph shall be for
no longer term than required to prevent the hazard.

2.	Any temporary permit under part (a)2 of this paragraph shall be for
no longer than 90 days, except that if a permit application has been
submitted prior to the expiration of the 90-day period, the Commissioner
may extend the temporary permit until final action on the application.

3.	Any temporary permit under part (a)3 of this paragraph shall be
issued only after a complete permit application has been submitted and
shall be effective until final action on the application.

4.	Notice of any temporary permit under this paragraph shall be
published in accordance with paragraph (7) of Rule 1200-04-06-.08 within
ten days of the issuance of the permit.

5.	The temporary permit under this paragraph may be either verbal, or
written.  If verbal authorization, it must be followed within 5 calendar
days by a written temporary emergency permit.

6.	The Commissioner shall condition the permit in any manner he or she
determines is necessary to ensure that the injection will not result in
the movement of fluids into an underground source of drinking water.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

The State periodical inspections of the facilities and inspections shall
be conducted in a manner designed to determine compliance or
noncompliance with issued permit conditions and other program
requirements as follows from the UIC rules 1200-4-6-.08; 

(4)	Schedules of compliance

(a)	The permit may when appropriate specify a schedule of compliance.

(b)	Time for compliance. Any schedule of compliance shall require
compliance as soon as possible but in no case later than three (3) years
after the effective date of the permit.

(c)	Interim dates. Except as provided in this section, if a permit
establishes a schedule of compliance which exceeds one (1) year from the
date of permit issuance, the schedule shall set forth interim
requirements and the dates for their achievements.

1.	The time between interim dates shall not exceed one (1) year.

2.	If the time necessary for completion of any interim requirement (such
as the construction of a control facility) is more than one (1) year and
is not readily divisible into stages for completion, the permit shall
specify interim dates for the submission of reports of progress toward
completion of the interim requirements and indicate a projected
completion date.

(d)	Reporting. Progress reports shall be submitted no later than thirty
(30) days following each interim date and the final date of compliance.

	

The Commissioner has authority under 69-3-107 of the Tennessee Water
Quality Act to:

(1)	Exercise general supervision and control over the quality of all
state waters, administer and enforce all laws relating to pollution of
such waters, and administer and enforce this part, and all standards,
policies, rules, and regulations promulgated there under;  

(2)	Administer oaths, issue subpoenas, and compel the attendance of
witnesses and production of necessary data for all purposes of this
part;  

(3)	Bring suit in the name of the department for any violation of the
provisions of this part, seeking any remedy therein provided and any
other statutory or common law remedy available for the control,
prevention, and abatement of pollution;  

(4)	Proceed against, as provided in this part, any owner or operator of
any boat, located or operated on the waters of the state, that
discharges or causes to be discharged any sewage, other wastes, or other
substances into such waters in violation of this part or any rules or
regulations promulgated under this part;  

(5)	Make inspections and investigations, carry on research, or take such
other action as may be necessary to carry out the provisions of this
part;  

(6)	Enter or authorize the commissioner's agents to enter at all
reasonable times upon any property other than dwelling places for the
purpose of conducting investigations and studies or enforcing any of the
provisions of this part;  

(7)	Advise, consult, cooperate, contract, and make other binding
agreements with the various agencies of the federal government and with
state and local administrative and governmental agencies, colleges and
universities, or with any other persons:  

(A)	In furtherance of this part, the commissioner may require any state
or local agency to investigate and report on any matters involved in
water quality control; provided, that the burden, including costs, of
such reports shall bear a reasonable relationship to the need for the
reports and the benefits to be obtained from the reports; and  

(B)	In addition, the department has the authority, subject to approval
by the governor, to enter into agreements with other states and the
United States relative to prevention and control of pollution in
interstate waters. This authority is not be deemed to extend to the
modification of any agreement with the state concluded by direct
legislative act, but unless otherwise expressly provided, the department
shall be the agency for the administration and enforcement of any such
legislative agreement;  

(8)	Apply for, accept, administer, and utilize loans and grants from the
federal government, state government, and from any other sources, public
or private, for prevention, abatement, and control of pollution of the
waters of the state. The department is the water quality control agency
for the state for the purpose of any federal water pollution control
act;  

(9)	Prepare, publish, and issue such printed pamphlets and bulletins as
the department deems necessary for the dissemination of information to
the public concerning its activities;  

(10)	Require the submission of such plans, specifications, technical
reports, and other information as deemed necessary to carry out the
provisions of this part or to carry out the rules and regulations
adopted pursuant to this part;  

(11)	Be the administrative agent for the board and panel to carry out
the provisions of this part;  

(12)	Make an annual report to the governor and the general assembly on
the status of water quality, including a description of the plan,
regulations in effect, and other pertinent information, together with
any recommendations the commissioner may care to make;  

(13)	Delegate to the director of the division with responsibility for
water quality control any of the powers, duties, and responsibilities of
the commissioner under this part except the commissioner's powers,
duties and responsibility as chair of the board;  

(14)	Issue permits and variances pursuant to § 69-3-108;  

(15)	Inspect waters of the state where good cause is shown that the
public health is threatened by pollutants therein and, upon verification
by the commissioner, post or cause to be posted such signs as required
to give notice to the public of the potential or actual dangers of
specific uses of such waters or restrictions of uses of such waters;  

(16)	Assess civil penalties in accordance with § 69-3-115;  

(17)	Apply the provisions of this part against any person who discharges
into a publicly owned treatment works who is causing a violation of this
part, or who is in violation of applicable pre-treatment standards;  

(18)	Impose such restrictions, including an immediate cessation of
connections and line extensions, upon the expansion of any sewerage or
wastewater system as are necessary to mitigate or prevent violations of
this part;  

(19)	Prepare a written report on stream bank erosion in Tennessee to be
delivered to each member of the general assembly by January 15, 2000.
Such report shall contain the following:  

(A)	An examination of the causes of stream bank erosion;  

(B)	The effectiveness of existing and new methods of bank protection;  

(C)	An assessment of stream bank erosion in Tennessee; and  

(D)	Any other matter the commissioner deems relevant to stream bank
erosion which may be of concern to the general assembly;  

(20)	Conduct, or cause to be conducted, demonstration projects, to the
extent of available funds, of methods of bank stabilization and debris
removal in streams in western Middle Tennessee to be done as soon as is
practicable and a report shall be made to the general assembly after the
performance of the chosen techniques has been observed through at least
a full year;  

(21)	Conduct, or cause to be conducted, a study or project comparing
different techniques for stream bank stabilization and debris removal in
streams in western Middle Tennessee to be done as soon as possible,
either in conjunction with the project mentioned in the previous
subdivision, or separately;  

(22)	Develop a program of public education regarding simple, practical
and affordable techniques for cleaning debris from streams and for
stabilizing stream banks including field examples of activities
permissible without permits and activities that may be accomplished if
permits are obtained; and  

(23)	Produce a video by not later than January 1, 1999, that shows the
above examples, explains the requirements of the law and rules for these
activities including the process of applying for a permit, and tells who
to call for further assistance, which shall be distributed at no cost to
public libraries and agricultural extension services.  

Public Reporting of Violations

Public effort in reporting violations shall be encouraged and the
Commissioner shall make available information on reporting procedures by
the following policy, which is also found in Section 4 of the final MOA
:

In order to provide the citizens of the State of Tennessee and the
regulated community with a fair and reasonable process for the
protection of the drinking water resources of the State of Tennessee the
UIC program provides Special procedures on Underground Injection Control
Public Response to Complaints by a MOA with EPA and the State that
states: 

“Upon receipt of a complaint call the UIC staff will collect
information as to the location of the activity, the nature of the
problem, and the person(s) involved in the activity.  The State will as
resources allow investigate in a timely manner and provide written
responses to all citizen complaints.”

This policy is effective upon the signing of the Memorandum of Agreement
with EPA.  All UIC citizen complaints handled by the Division of Water
Supply shall conform to this provision.  

Compliance Evaluation

The State UIC program has the authority in compliance evaluation to
enter any site or premises subject to regulation or in which records
relevant to program operation are kept in order to copy any records,
inspect, monitor or otherwise investigate compliance with permit
conditions and other program requirements. This is done under the
following authority:

The Tennessee Water Quality Control Act describes the duties of the
Commissioner and their representative (UIC staff) the authority to the
following without a warrant in TCA 69-3-107 as follows:

 

(5)	Make inspections and investigations, carry on research, or take such
other action as may be necessary to carry out the provisions of this
part;  

 (6)	Enter or authorize the commissioner's agents to enter at all
reasonable times upon any property other than dwelling places for the
purpose of conducting investigations and studies or enforcing any of the
provisions of this part;  

(7)	Advise, consult, cooperate, contract, and make other binding
agreements with the various agencies of the federal government and with
state and local administrative and governmental agencies, colleges and
universities, or with any other persons:  

In furtherance of this part, the commissioner may require any state or
local agency to investigate and report on any matters involved in water
quality control; provided, that the burden, including costs, of such
reports shall bear a reasonable relationship to the need for the reports
and the benefits to be obtained from the reports; and 

		(B)	In addition, the department has the authority, subject to approval
by the governor, to enter into agreements with other states and the
United States relative to prevention and control of pollution in
interstate waters. This authority is not be deemed to extend to the
modification of any agreement with the state concluded by direct
legislative act, but unless otherwise expressly provided, the department
shall be the agency for the administration and enforcement of any such
legislative agreement;  

The same authority is specifically written into the UIC regulations
promulgated under the Water Quality Control Act.  This authority allows
State personnel engaged in compliance evaluation the authority to enter
any site or premises subject to regulation or in which records relevant
to program operation are kept in order to copy any records, inspect,
monitor or otherwise investigate compliance with permit conditions and
other program requirements.

The State UIC program will conduct all inspections, and sampling events
as well as other information gathering in a manner [e.g., using proper
"chain of custody" procedures] that will produce evidence admissible in
an enforcement proceeding or in court. The State UIC program will verify
the accuracy of information submitted by permittees and other regulated
persons in reporting forms and other forms supplying monitoring data;
and verify the adequacy of sampling, monitoring, and other methods used
by permittees and other regulated persons.  The State will issue permits
based on the following rules:

1200—4—6—.08 Authorization By Permit For Injection Wells Not
Authorized By Rule.

(1)	Permit Application — All permit applicants for injection wells not
authorized by rule shall provide the following information to the
Department, using a form provided by the Department:

(a)	The activities conducted by the applicant which require it to obtain
a UIC permit.

(b)	Name, mailing address, and location of the facility for which the
application is submitted.

(c)	Up to four North American Industry Classification System (NAICS)
codes which best reflect the principal products or services provided by
the facility.

(d)	The operator’s name, address, telephone number, ownership status,
and status as Federal, State, private, public, or other entity.

(e)	Whether the facility is located on Indian lands.

(f)	A listing of all permits or construction approvals received or
applied for under any of the following programs:

1.	Hazardous Waste Management program under federal or state law.

2.	UIC program under federal or state law.

3.	NPDES program under federal or state law.

4.	Prevention of Significant Deterioration (PSD) program under federal
or state law.

5.	Nonattainment program under federal or state law.

6.	National Emission Standards for Hazardous Pollutants (NESHAPS)
preconstruction approval under federal or state law.

7.	Ocean dumping permits under the Marine Protection Research and
Sanctuaries Act.

8.	Dredge and fill permits under section 404 of the Clean Water Act, 33
U.S.C. Section 1344.

9.	Other relevant environmental permits.

(g)	A topographic map (or other map if a topographic map is unavailable)
extending one mile beyond the property boundaries of the source
depicting the facility and each of its intake and discharge structures;
each of its hazardous waste treatment, storage, or disposal facilities;
each well where fluids from the facility are injected underground; and
those wells, springs, surface water bodies, and drinking water wells
listed in public records or otherwise known to the applicant within a
quarter mile of the facility property boundary.

(h)	A brief description of the nature of the business.

(2)	A permit application will be processed when:

(a)	A completed application form, all information required by these
Rules and any supplemental information, as may be required, is submitted
to the Department. The application shall identify (by narrative
description, illustrations, maps, or other suitable means) and describe
by geographic or geometric terms (including lateral and vertical limits
and gradients) the area intended to be used as an injection zone.

(b)	The feasibility requirements that apply to the proposed injection
well have been satisfied.

(3)	Duration of permits.

(a)	Permits for Class I and V wells and authorizations for Class V wells
shall be effective for a fixed term not to exceed five (5) years. 
Permits for Class II and III wells may be issued for a period up to the
operating life of the facility. Each Class II or III well permit shall
be reviewed at least once every five (5) years to determine whether it
should be modified, revoked and reissued, or revoked as provided in
Paragraphs 1200—4—6—.08(7) and (8).

(b)	Except as provided by the Uniform Administrative Procedures Act,
T.C.A. §§4—5—101 et seq., the term of a permit shall not be
extended by modification beyond the maximum duration specified in this
rule.

(c)	The Department may issue any permit for a duration that is less than
the full allowable term under this rule.

(4)	Schedules of compliance

(a)	The permit may when appropriate specify a schedule of compliance.

(b)	Time for compliance. Any schedule of compliance shall require
compliance as soon as possible but in no case later than three (3) years
after the effective date of the permit.

(c)	Interim dates. Except as provided in this section, if a permit
establishes a schedule of compliance which exceeds one (1) year from the
date of permit issuance, the schedule shall set forth interim
requirements and the dates for their achievements.

1.	The time between interim dates shall not exceed one (1) year.

2.	If the time necessary for completion of any interim requirement (such
as the construction of a control facility) is more than one (1) year and
is not readily divisible into stages for completion, the permit shall
specify interim dates for the submission of reports of progress toward
completion of the interim requirements and indicate a projected
completion date.

(d)	Reporting. Progress reports shall be submitted no later than thirty
(30) days following each interim date and the final date of compliance.

(5)	Effect of a permit

(a)	A permit may be revoked, suspended or modified during its term for
cause, under T.C.A. §69-3-108(f).

(b)	The issuance of a permit does not convey any property rights of any
sort, or any exclusive privilege.

(c)	The issuance of a permit does not authorize any injury to persons or
property or invasion of other property rights, or any infringement of
other State, Federal or local laws or regulations. In particular, the
issuance of a permit does not relieve a  Class I, Class  IV or Class V
well permittee from any applicable requirement he may be subject to
under the Tennessee Hazardous Waste Management Act (T.C.A. 6—46—101
et. seq.)

(6)	Transfer of permits—A permit may be transferred by the permittee
to a new owner or operator if the permit has been modified or revoked
and reissued or a minor modification made.

(7)	Public notice of permit actions and public comment period.

(a)	Scope. The Department shall give public notice that the following
actions have occurred:

1.	A draft permit has been prepared. A draft permit shall contain:

				(i)	All permit conditions;

(ii)	All compliance schedules for corrective action; and

				(iii)	All monitoring requirements.

(b)	Upon request, the Department shall send to the requestor copies of
the foregoing documents.

(c)	Timing

1.	Public notice of the preparation of a draft permit shall allow at
least thirty (30) days for public comment.

2.	Public notice of a public hearing shall be given at least thirty (30)
days before the hearing. (Public notice of the hearing may be given at
the same time as public notice of the draft permit and the two notices
may be combined.)

(d)	Methods.  Public notices of permit actions shall be given by the
following methods:

1.	By mailing a copy of a notice to the following persons (any person
otherwise entitled to receive notice under this paragraph may waive his
or her rights to receive notice for any classes and categories of
permits):

				(i)	the applicant;

(ii)	any other agency which the Department knows has issued or is
required to issue a RCRA, PSD, NPDES or 404 permit for the same facility
or activity;

(iii)	federal, state and local agencies with jurisdiction over fish,
shellfish, and wildlife resources; the Advisory Council on Historic
Preservation, state historic preservation 	officers, and other
appropriate government authorities, including any affected States;

				(iv)	persons on a mailing list developed by:

(I)	notifying the public of the opportunity to be put on the mailing
list through periodic publication in the public press and in other
publications such as Regional and State funded newsletters,
environmental bulletins, or State law journals; and

(II)	including those who request in writing to be on the list. (The
Department may update the mailing list from time to time by requesting
written) indication of continued interest from those listed.  The
Department may delete from the list the name of any person who fails to
respond to such a request.

2.	By publication of a notice in a daily or weekly newspaper within the
area to be affected by the facility or activity;

3.	Any other method reasonably calculated to give actual notice of the
action in question to the persons potentially affected by it, including
press releases or any other forum or medium to elicit public
participation.

(e)	Contents.  All public notices of permit actions shall contain the
following minimum information:

1.	Name and address of the Department office processing the permit
action for which notice is being given;

2.	Name and address of the permittee or permit applicant and, if
different, of the facility or activity regulated by the permit;

3.	A brief description of the business conducted at the facility or
activity described in the permit application;

4.	A description of the type and quantity of wastes, fluids, or
pollutants which are proposed to be injected;

5.	A brief summary of the basis for the permit conditions;

6.	Reasons why any requested variances do or do not appear justified;

7.	Name, address, and telephone number of a person from whom interested
persons may obtain further information including copies of the draft
permit, fact sheet when prepared, and the application;

8.	A brief description of the applicable comment procedures including,
the beginning and ending dates of the comment period, procedures for
requesting a hearing, and any other procedures by which the public may
participate in the final decision;

9.	Reference to the date of previous public notices relating to the
permit;

10.	Date, time, and place of the hearing;

11.	A brief description of the nature and purpose of the hearing
including the applicable rules and procedures; and

12.	Any additional information considered necessary or proper.

(f)	Public comments and requests for public hearings. During the public
comment period, any interested person may submit written comments on the
permit application or draft permit and may request a public hearing. A
request for a public hearing shall be in writing and shall state the
nature of the issues proposed to be raised.

(g)	Public hearings.  The Department shall hold a public hearing
whenever, as evidenced by requests, there is public interest in a draft
permit.  A public hearing may also be held at the Department’s
discretion to clarify issues in the permit.

(h)	Consideration of comments and response.

1.	All comments submitted during the public comment period and all
hearing testimony shall be considered in making the final decision.

2.	If a decision is reached to issue a final permit, the Department
shall respond to comments when the permit is issued. This response
shall:

(i)	Be made available to the public;

(ii)	Specify which provisions, if any, of the draft permit have been
changed in the final permit, and the reasons for the change; and

(iii)	Briefly describe and respond to all significant comments on the
draft permit raised during the public comment period, or during any
hearing.

	(i)	Notice of final permit decision.

1.	After the close of the comment period, the Commissioner shall notify
the applicant and each person who has submitted written comments, or
requested notice, of the final permit decision.  This notice shall
contain reference to the procedures for appealing a permit decision.

2.	A final permit decision shall become effective thirty (30) days after
service of notice on the applicant of the final permit decision, unless
a later date is specified in the notice, or a petition is filed pursuant
to paragraph (j) or (k) below.

(j)	Within thirty (30) days of receipt of notice of a final permit
decision, or prior to any later date specified in the notice, any person
other than the applicant who has filed comments on that permit, or its
drafts, may petition the Board for a hearing on the permit or any
condition of the permit.  The petition shall include a statement of all
of the permit conditions which are challenged and the reasons supporting
the challenge. This hearing shall be legislative in nature and shall not
be a contested case within the meaning of T.C.A. §4—5—102, the
Uniform Administrative Procedures Act.  The Board shall make a
recommendation on issuance or denial of the permit or permit conditions
to the Commissioner that shall become final and effective in thirty (30)
days if the Commissioner takes no action.

(k)	Within thirty(30) days of receipt of notice of a final permit
decision, the permit applicant may file a petition with the Board for a
contested case hearing pursuant to T.C.A. §§69—3—105 and
4—5—301 et seq.

(8)	Modification or revocation and reissuance of permits.—When the
Department determines that one or more causes exist for modification or
revocation and reissuance of a permit, the Department may modify or
revoke and reissue the permit accordingly, subject to the limitations of
subparagraph (c) of this paragraph, and may request an updated
application if necessary. When a permit is modified, only the conditions
subject to modification are reopened. If a permit is revoked and
reissued, the entire permit is reopened and subject to revision and the
permit is reissued for a new term. If a permit modification satisfies
the criteria for minor modifications, the permit may be modified without
a draft permit or public review. Otherwise, a draft permit must be
prepared and public review procedures as set out herein must be
followed.

(a)	Causes for modification.  The following are causes for modification
and may be causes for revocation and reissuances.

1.	Alterations.  There are material and substantial alterations or
additions to the permitted facility or activity which occurred after
permit issuance which justify the application of permit conditions that
are different or absent in the existing permit.

2.	Information.  The Department has received information that was not
available at the time of permit issuance (other than revised
regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance. This
cause shall include any information indicating that cumulative effects
on the environment are unacceptable.

3.	New regulations. The standard or regulations on which the permit was
based have been changed by promulgation of amended standards or
regulations or by judicial decision after the permit was issued. 
Permits other than for Class 11 or III wells may be modified during
their terms for this cause, only as follows:

(i)	For promulgation of amended standards or regulations, when:

(I)	The permit condition requested to be modified was based on a
Departmental regulation;

(II)	The Department has revised withdrawn, or modified that portion of
the regulation on which the permit condition was based; and

(III)	A permittee requests modification within thirty (30) days after
public notice of the action on which the request is based.

(ii)	For judicial decisions, a court of competent jurisdiction has
remanded and stayed Department promulgated regulations if the remand and
stay concern that portion of the regulations on which the permit
condition was based and a request is filed by the permittee in
accordance with these regulations within thirty (30) days of judicial
remand.

4.	Compliance schedules. The Department determines good cause exists for
modification of a compliance schedule, such as an act of God, strike,
flood, or materials shortage or other events over which the permittee
has little or no control and for which there is no reasonably available
remedy.

(b)	Causes for modification or revocation and reissuance. The following
are causes to modify or, alternatively, revoke and reissue a permit:

1.	Cause exists for revocation and the Department determines that
modification or revocation and reissuance is appropriate.

2.	The Department has received notification of a proposed transfer of
the permit.

(c)	Facility siting. Suitability of the facility location will not be
considered at the time of permit modification or revocation and
reissuance unless new information or standards indicate that a threat to
human health or the environment exists which was unknown at the time of
permit issuance.

(9)	Revocation of permits or denial of renewal application.

(a)	The Department may revoke a permit during term, or deny a permit
renewal application for the following causes:

1.	Noncompliance by the permittee with any condition of the permit;

2.	The permittee’s failure in the application or during the permit
issuance process to disclose fully all relevant facts, or the
permittee’s misrepresentation of any relevant facts at any time; or

3.	A determination that the permitted activity endangers human health or
the environment and can only be regulated to acceptable levels by permit
modification or revocation.

(b)	Notice of intent to revoke and reissue, or terminate.  If the
Department tentatively decides to revoke and reissue a permit, a notice
of intent to revoke and reissue, or notice of intent to terminate shall
be issued.

(10)	Minor Modifications—Upon the consent of the permittee, the
Department may modify a permit to make the corrections or allowances for
changes in the permitted activity listed in this paragraph without
following the entire permitting procedure. Minor modifications may only:

(a)	Correct typographical errors;

(b)	Require more frequent monitoring or reporting by the permittee;

(c)	Change an interim compliance date in a schedule of compliance,
provided the new date is not more than 120 days after the date specified
in the existing permit and does not interfere with attainment of the
final compliance date requirement;

(d)	Change quantities or types of fluids injected which are injected
within the capacity of the facility as permitted and, in the judgment of
the Department would not interfere with the operation of the facility or
its ability to meet conditions described in the permit and would not
change its classification;

(e)	Change a construction requirement approved by the Department,
provided that any such alteration shall comply with all requirements of
this rule; or

(f)	Amend a plugging and abandonment plan.

(g)	Allow for a change in ownership or operational control of a facility
where the Commissioner determines that no other change in the permit is
necessary, provided that a written agreement containing a specific date
for transfer of permit responsibility, coverage, and liability between
the current and new permittees has been submitted to the commissioner.

(11)	Confidentiality of information—The handling of confidential
information shall be governed by T.C.A. § 69-3-113.

(12)	Signatories to applications and reports.

(a)	Applications. All permit applications, shall be signed as follows:

1.	For a corporation: by a responsible corporate officer. For the
purpose of this part, a responsible corporate officer means (1)
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, or (II)
the manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual sales
or expenditures exceeding 25 million dollars (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures. Note: The
Department does not require specific assignments or delegations of
authority to responsible corporate officers identified in subpart (f). 
The Department will presume that these responsible corporate officers
have the requisite authority to sign permit applications unless the
corporation has notified the Commissioner to the contrary. Corporate
procedures governing authority to sign permit applications may provide
for assignment or delegation to applicable corporate positions under
item (II) rather than the specific individuals.

2.	For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or

3.	For a municipality, State, Federal, or other public agency: by either
a principal executive officer or ranking elected official.

(b)	Reports. All reports required by permits, and other information
requested by the Department, shall be signed by a person described in
sub-paragraph (a) above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:

1.	The authorization is made in writing by a person described in
subparagraph (a);

2.	The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity, such as the position of plant manager, operator of a well or
well field, superintendent, or position of equivalent responsibility (A
duly authorized representative may thus be either a named individual or
any individual occupying a named position.); and

3.	The written authorization is submitted to the Department.

(c)	Changes to authorization. If an authorization under subparagraph (b)
is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of subparagraph (b) must be
submitted to the Department prior to or at the time any reports,
information, or applications signed by an authorized representative are
submitted.

(d)	Certification. Any person signing a document under this section
shall make the following certification.

	“I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.”

(13)	Permit Requirements—All UIC permits shall contain permit
conditions established by the Commissioner as necessary to fulfill the
purposes of the Tennessee Water Quality Control Act, T.C.A.
§§69—3—101 et seq., a description of the injection zone being
permitted, and any necessary corrective action as stated under rule
1200—4—6—.09(5). The permit conditions shall be set at levels to
prevent adverse effects to persons utilizing the ground water resource
after consideration of at least the following factors: any guidelines
set for certain pollutants by U.S.E.P.A., the flow characteristics of
ground water, risk to humans, and the risk of migration. The following
conditions (a) through (n) apply to all UIC permits. All conditions
applicable to all permits shall be incorporated into the permits either
expressly or by reference. If incorporated by reference, a specific
citation to these regulations must be given in the permit.

(a)	The permittee must comply with all conditions of this permit and all
applicable laws and regulations. Any permit noncompliance constitutes a
violation of the Tennessee Water Quality Control Act and is grounds for
enforcement action; for permit termination, revocation and reissuance,
or modification; or for denial of a permit renewal application.

(b)	If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the permittee must
apply for and obtain a new permit prior to expiration of this permit.

(c)	It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.

(d)	The permittee shall take all reasonable steps to minimize or correct
any adverse impact on the environment resulting from non-compliance with
this permit.

(e)	The permittee shall at all times properly operate and maintain all
facilities and systems of related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.

(f)	This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not
stay any permit condition.

(g)	This permit does not convey any property rights of any sort, or any
exclusive privilege.

(h)	The permittee shall furnish to the Department, within a time
specified, any information which the Department may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Department, upon request, copies
of records required to be kept by this permit.

(i)	The permittee shall allow Department personnel, or an authorized
representative of the Department, upon the presentation of credentials
to:

1.	Enter upon the permittee’s premises where a regulated facility or
activity is located or conducted, or where records must be kept under
the conditions of this permit;

2.	Have access to and copy, at reasonable times, any records that must
be kept under the conditions of this permit;

3.	Inspect at reasonable times any facility, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this permit; and

4.	Sample or monitor at reasonable times, for the purposes or assuring
permit compliance or as otherwise authorized by the Tennessee Water
Quality Control Act, any substances or parameters at any location.

(j)	Monitoring and records.

1.	Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity. The permittee shall monitor
injection fluids, injection operations, and local ground water supplies,
in accordance with the requirements for the applicable class of well
stated in rules 1200—4—6—.10 through 1200—4—6—.14.

2.	The permittee shall retain records of all monitoring information,
including the following:

(i)	Calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all
reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least 3
years from the date of the sample, measurement, report, or application.
This period may be extended by request of the Department at any time;
and

(ii)	The nature and composition of all injected fluids until three years
after the completion of any plugging and abandonment procedures. The
Department may require the owner or operator to deliver the records to
the Department at the conclusion of the retention period.

3.	Records of monitoring information shall include:

(i)	The date, exact place, and time of sampling or measurements;

(ii)	The individual(s) who performed the sampling or measurements;

(iii)	The date(s) analyses were performed;

(iv)	The individual(s) who performed the analyses;

(v)	The analytical techniques or methods used; and

(vi)	The results of such analyses.

(k)	All applications, reports, or information submitted to the
Department shall be signed and certified.

(l)	Reporting requirements.

(i) 	Planned Changes. The permittee shall give notice to the Department
as soon as possible of any planned physical alterations or additions to
the permitted facility.

(ii)	Anticipated noncompliance. The permittee shall give advance notice
to the Department of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements.

(iii)	Transfers. See subsections (5), (7), (8) and (9) of this Rule.

(iv)	Monitoring reports. Monitoring results shall be reported at the
intervals specified elsewhere in this permit.

(v)	Compliance schedules. Reports of compliance or noncompliance with,
or any progress reports on, interim and final requirements contained in
any compliance schedule of this permit shall be submitted no later than
30 days following each schedule date.

(vi)	Twenty-four hour reporting. The permittee shall report any
noncompliance which may endanger health or the environment, including:

(I)	Any monitoring or other information which indicates that any
contaminant may cause an endangerment to USDWs; or

(II)	Any noncompliance with a permit condition or malfunction of the
injection system which may cause fluid migration into or between USDWs.

Any such information shall be provided orally within 24 hours from the
time the permittee becomes aware of the circumstances. A written
submission shall also be provided within 72 hours of the time the
permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause, the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate
and prevent reoccurrence of the noncompliance.

(vii)	Other noncompliance. The permittee shall report all instances of
noncompliance not reported under paragraphs i, iv, v, and vi of this
section, at the time monitoring reports are submitted. The reports shall
contain the information listed in paragraph (l)(vi) of this section.

(viii)	Other information. Where the permittee becomes aware that it
failed to submit any relevant acts in a permit application, or submitted
incorrect information in a permit application or in any report to the
Department, it shall promptly submit such facts or information.

(m)	Requirements prior to commencing injection. Except for all new wells
authorized by an area permit under rules 1200—4—6—.11 and
1200—4—6—.12, a new injection well may not commence injection
until construction is complete, and

1.	The permittee has submitted notice of completion of construction to
the Director; and

2.	(i)	The Department has inspected or otherwise reviewed the new 
injection well and finds it is in compliance with the conditions of 	the
permit; or

(ii)	The permittee has not received notice from the Director of his or
her intent to inspect or otherwise review the new injection well within
13 days of the date of the notice in paragraph (m)(l) of this section,
in which case prior inspection or review is waived and the permittee may
commence injection. The Director shall include in his notice a
reasonable time period in which he shall inspect the well.

(n)	The permittee shall notify the Department at such times as the
permit requires before conversion or abandonment of the well, or in the
case of area permits, before closure of the project.

(o)	The permittee shall at all times maintain sufficient financial
resources to allow for the proper plugging and abandonment of the well. 
In the event of a change of ownership or other transfer of permit, the
transferee shall provide proof of financial responsibility before
continued operation.  

1.	For Class I and III wells, a surety bond or cash bond shall be filed
with the Department prior to permit issuance.  At the Department’s
discretion, other forms of financial assurance for Class I wells may be
acceptable.

2.	Class II wells shall have a surety bond or cash bond for a total of
$4,000 per well.  If there is an existing $2,000 bond with the Tennessee
Oil and Gas Board, the bond under this rule shall be $2,000.  If no bond
currently exists, the bond shall be for $4,000.

3.	At the Department’s discretion, a bond may be required for Class V
wells.

(p)	The owner or operator of a Class I, II or III well permitted under
this part shall establish prior to commencing injection or on a schedule
determined by the Department, and thereafter maintain mechanical
integrity for the well.  When the Department determines that a Class I,
II, or III well lacks mechanical integrity, the Department shall give
written notice of the determination to the owner or operator.  Unless
the Department requires immediate cessation, the owner or operator shall
cease injection into the well within 48 hours of receipt of the
Department’s determination.  The Department may allow plugging of the
well pursuant to the requirements of this rule or require the permittee
to perform such additional construction, operation, monitoring,
reporting and corrective action as is necessary to prevent the movement
of fluid into or between USDWs caused by the lack of mechanical
integrity.  The owner or operator may resume injection upon written
notification from the Department that the owner or operator has
demonstrated mechanical integrity pursuant to this rule.  The Department
may allow the owner or operator of a well which lacks mechanical
integrity to continue or resume injection, if the owner or operator has
made a satisfactory demonstration that there is no movement of fluid
into or between USDWs.

(q)	A Class I, II or III permit shall include and a Class V permit may
include, conditions to insure that plugging and abandonment of the well
will not allow the movement of fluids into or between USDWs.  Where the
Department's review of an application indicates that the permittee's
plan is inadequate, the Department may require the applicant to revise
the plan, prescribe conditions meeting the requirements of this
paragraph, or deny the permit. 

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed January x,
2010; effective date April x, 2010

Issuance Of Permits 

The State is required to set a schedule for issuing permits within the
first five years after the program has been approved.  In order to meet
this requirement all injection wells within the State are required to
have permits under this part and Part 144 requirement, the State has
this verbiage under the UIC regulations 1200—4—6—.07  Permit
Required.

(1)	Except for exclusions specified in paragraph 1200—4—6—.03(3),
all injection wells and activities must be authorized by permit or by
rule.

(2)	For new injection wells, a permit must be obtained before
construction commences, unless the injection is authorized by rule as
described in paragraph 1200—4—6—.14(2).

(3)	The owner or operator of an existing Class II or III injection well
shall complete, sign and submit to the Department an application for
permit in conformance with this Chapter within six (6) months from the
date of approval of these Rules.  The owner or operator must demonstrate
to the satisfaction of the Department that the existing well complies
with all applicable Rules of this Chapter.

(4)	Continued injection into existing Class V Wells is authorized by
virtue of this rule provided compliance with rule 1200-4-6-.05(1) and
any other applicable rules of this Chapter are maintained.
Owners/operators of existing Class V wells that fail to maintain
compliance shall immediately cease operation and submit an application. 
Owners/operators of all existing Class V wells shall submit an
application within the appropriate time frame for each grand division as
specified in this rule.  Within six (6) months of the effective date of
this rule, owner/operators of injection wells within the Western Grand
Division must submit an application. Within twelve (12) months of the
effective date of this rule, owner/operators of injection wells within
the Central Grand Division must submit an application.   Within eighteen
(18) months of the effective date of this rule, owner/operators of
injection wells within the Eastern Grand Division must submit an
application.  If an application for an existing Class V well is not
submitted within the specified timeframe, the owner/operator shall be
subject to an application fee for a new well as specified in
1200-4-6-.18(1).

(5)	The Department may require the owner or operator of a Class V
injection well authorized by rule to apply for and obtain an injection
well permit. Cases for which a permit may be required include:

(a)	The injection well is not in compliance with the standards required
by this Chapter.

(b)	Compliance with standards in addition to those listed in this
Chapter is required to protect USDWs from pollution.

(6)	Reserved.

(7)	Class V wells utilizing innovative or experimental technologies, may
not be authorized by rule, but only by a permit.  The permit shall
require a surety bond.

(8)	Emergency permits.

(a)	Coverage.  Notwithstanding any other provision of this Rule the
Commissioner may temporarily permit a specific underground injection if:

1.	An imminent and substantial endangerment to the health of persons
will result unless a temporary emergency permit is granted, provided the
injection will not result in the movement of fluids into underground
sources of drinking water; or

2.	(i)	A substantial and irretrievable loss of oil or gas resources will
occur unless a temporary emergency permit is granted to a Class II well;
and

(ii)	Timely application for a permit could not be practically made; and

(iii)	The injection will not result in the movement of fluids into
underground sources of drinking water; or

3.	A substantial delay in production of oil or gas resources will occur
unless a temporary emergency permit is granted to a new Class II well
and the temporary authorization will not result in the movement of
fluids into an underground source of drinking water.

(b)	Requirements for issuance.

1.	Any temporary permit under part (a)1 of this paragraph shall be for
no longer term than required to prevent the hazard.

2.	Any temporary permit under part (a)2 of this paragraph shall be for
no longer than 90 days, except that if a permit application has been
submitted prior to the expiration of the 90-day period, the Commissioner
may extend the temporary permit until final action on the application.

3.	Any temporary permit under part (a)3 of this paragraph shall be
issued only after a complete permit application has been submitted and
shall be effective until final action on the application.

4.	Notice of any temporary permit under this paragraph shall be
published in accordance with paragraph (7) of Rule 1200-04-06-.08 within
ten days of the issuance of the permit.

5.	The temporary permit under this paragraph may be either verbal, or
written.  If verbal authorization, it must be followed within 5 calendar
days by a written temporary emergency permit.

6.	The Commissioner shall condition the permit in any manner he or she
determines is necessary to ensure that the injection will not result in
the movement of fluids into an underground source of drinking water.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

Timeline for Existing UIC Inventory Received from EPA

  Once the State finalizes a date on which EPA is planning to release
the UIC program to the State then the State will start accepting the
applications for the Class II injection wells that are currently
regulated by EPA.  At the time the State receives the Primary
enforcement authority from EPA according to the MOA, the State should
get copies of information from the Federal UIC program on current
injection zone approvals and current MIT’s, and then receive the bonds
from the applicants. 

The UIC program in Tennessee has been active since 1992.  Since that
time we have been doing public outreach and have been informing
different groups about the UIC program.  The Division therefore is
seeking primacy as an expected part of this process and has been
encouraged by several members of the regulated community to do so.

The priorities (according to criteria set forth in 40 CFR §146.9) for
issuing permits, including the number of permits in each class of
injection well which will be issued during the first five years of
program operation are as follows:

Tennessee Injection Well Priorities

Class	Number of Permits expected to be issued over the next 5 years
Comments

Class I	0	Tennessee currently has no industries that are considering the
use of Class I Injection Wells.  EPA currently has no active permits or
applications for Class 1 facilities.  Currently there are no known
industries that are considering the use of Class I Injection Wells in
Tennessee.

Class II	17 total wells will be placed in the Tennessee system within
the next five years	Currently EPA has 17 active Class II wells in
Tennessee.  These wells will need to have Tennessee permits issued as
well as 5 new wells that have been in contact with the State.  Work on
these wells will be done in conjunction with the Oil and Gas Program in
the Division of Water Pollution Control, with this Division retaining
the final oversight.

Class III	0	Tennessee does not have the economic mineral production
zones to support Class III wells.  EPA has no Class III wells in
Tennessee

Class IV	0	Tennessee does not have any remediation wells that fall into
the Class IV category at this time.   EPA has no Class IV wells in
Tennessee

Class V	EPA database shows that there are 17,044 Class V injection wells
in Tennessee, this includes 2 motor vehicle wells and 1 cesspool
Tennessee will first focus on the 2 motor vehicle wells and the
cesspool.   Tennessee will then follow up on the Industrial/commercial
wells in EPA’s Database followed by the 20 or so remedial wells. 
Tennessee will then look at the 1,510 large capacity septic systems that
are authorized by rule under EPA and place them in the Tennessee system.
 



All Class I, Class II, Class III, and Class V Innovative Technology
permits that are issued by the UIC program are required to have a time
of public notice.  A majority of the Class V permits that are issued
under the Authorization to Discharge are not required to go to public
notice unless a public meeting is requested by another regulatory
authority,  a citizen group or other concerned party.  

Mechanical Integrity Testing (MIT)

The current UIC program has not had the opportunity to witness with EPA
any Class II mechanical integrity tests (MIT).  The Director will
require all Class I and II wells to conduct mechanical integrity testing
(MIT) at each well at least once every five years.  The existing Class
II wells will continue to follow five years from the date of the last
MIT.  The maximum amount of time between MIT’s for Class II wells is
five years and the maximum amount of time between MIT’s for Class I
wells is three years but the Department may order special tests to be
conducted prior to the expiration of five years if conditions are
believed to so warrant.  The following State UIC regulations pertain to
the MIT procedures:

1200—4—6—.09 General Standards And Methods.

(1)	Applicability. The provisions of this subchapter set forth standards
and requirements that apply to all classes of injection wells unless
specifically excluded or contradicted by provisions applicable to a
particular class of well.

(2)	Supervisory Standard. All phases of well construction, testing and
operation shall be supervised by a person who is knowledgeable and
experienced in practical drilling engineering and who is familiar with
the special conditions and requirements of injection well construction.

(4)	Mechanical Integrity Standards.

(a)	An injection well has mechanical integrity if there is no
significant leak in the casing, tubing or packer, and if there is no
significant fluid movement into USDWs through vertical channels in and
adjacent to the injection well bore hole.

(b)	The following tests shall be used to evaluate the mechanical
integrity of an injection well:

1.	Monitoring of annulus pressure, or pressure test with liquid or gas
to detect any leaks in casing, tubing, or packer;

2.	Appropriate geophysical logs to detect any fluid movement through
vertical channels in and adjacent to the injection well borehole.

(c)	The Department may allow the use of tests to evaluate mechanical
integrity other than those listed in this Rule if such tests have been
approved in writing by the Department and, if the Department receives
authority for an underground injection control program from the U.S.
E.P.A., the E.P.A. Administrator or his designee.

(d)	Methods and standards generally accepted in the industry shall be
applied in conducting and evaluating the tests required by this section.

1200—4—6—.10 Class I Wells.

1200-4-6-.10(4)(e)(6) 	The mechanical integrity of the injection well
system shall be examined and evaluated at least once every three years
in accordance with the standards contained in this rule

1200—4—6—.11 CLASS II WELLS

(5)	Testing for Class II Wells

(a)	Appropriate logs and other tests shall be conducted during the
drilling and construction of new Class II wells. A descriptive report
interpreting the results of that portion of those logs and tests which
specifically relate to (1) a USDW and the confining zone adjacent to it,
and (2) the injection zone and adjacent formations shall be prepared by
a knowledgeable log analyst and submitted to the Department. At a
minimum, these logs and tests shall include:

1.	Deviation checks on all holes constructed by first drilling a pilot
hole and then enlarging the pilot hole, by reaming or another method.
Such checks shall be at sufficiently frequent intervals to assure that
vertical avenues for fluid movement in the form of diverging holes are
not created during drilling.

2. 	Such other logs and tests as may be needed after taking into account
the availability of similar data in the area of the drilling site, the
construction plan, and the need for additional information that may
arise from time to time as the construction of the well progresses.  In
determining which logs and tests shall be required, the following shall
be considered by the Department in setting logging and testing
requirements:

(i) 	For surface casing intended to protect USDWs in areas where the
lithology has not been determined:

(I) 	electric and caliper logs before casing is installed; and

(II)	a cement bond, temperature, or density log after the casing is set
and cemented.

(ii) 	For intermediate and long strings of casing intended to facilitate
injection:

(I)	electric, porosity and gamma ray logs before the casing is
installed;

(II)	fracture finder logs; and

(III) 	a cement bond, temperature, or density log after the casing is
set and cemented.

(b)	At a minimum, the following information concerning the injection
formation shall be determined or calculated for new Class II wells or
projects:

1. 	fluid pressure;

2. 	estimated fracture pressure; and

3. 	physical and chemical characteristics of the injection zone.

(c)	Prior to commencement of injection, wells shall be tested to assure
the initial integrity of the casing, tubing and packer, if used,
including pressure testing of the casing-tubing annulus.

(d)	At least once every five years thereafter, injection wells shall be
tested to assure their continued mechanical integrity. The results of
these tests shall be reported to the Department. Tests demonstrating
continued mechanical integrity shall include the following:

1.	measurement of annular pressures in wells injecting at positive
pressures under a packer or a balanced fluid seal;

2.	pressure testing of the casing tubing annulus for wells injecting
under vacuum conditions; and

3.	such other tests which are demonstrably effective and which may be
approved for use by the Department.

(e)	Notwithstanding the test procedures outlined above, the Department
may require more comprehensive testing of the injection wells when
deemed advisable, including the use of tracer surveys, noise logs,
temperature logs, or other test procedures or devices.

(f)	The Department may order special tests to be conducted prior to the
expiration of five years if conditions are believed to so warrant. Any
such special test which demonstrates 

continued mechanical integrity of a well shall be considered the
equivalent of an initial test for test scheduling purposes, and the
regular five -year testing schedule shall be applicable thereafter.

(g)	The injection well operator shall advise the Department of the date
and the time of that initial, a five-year, or special tests are to
commence in order that such tests may be witnessed.

(h)	Injection pressure at the wellhead shall not exceed a maximum which
shall be calculated so as to assure that the pressure during injection
does not initiate new fractures or propagate existing fractures in the
confining zone adjacent to USDWs. In no case shall injection pressure
cause the movement of injection or formation fluids into USDWs.

(i) 	Injection between the outermost casing protecting USDWs and the
well bore is prohibited.

(6) 	Monitoring Requirements

(a) 	Class II wells shall be so equipped that the flow rate, injection
pressure and annular pressure can  be determined at any time for each
well.

(b) 	The permittee shall monitor the nature of injected fluids at time
intervals sufficiently frequently to yield data representative of their
characteristics;

(c)	The permittee shall make observation of injection pressure, flow
rate, and cumulative volume at least daily.

(d) 	The results of all monitoring shall be maintained by the operator
and made available to the Department upon request.

(e) 	The Department may grant administrative exception to the
requirement set forth in paragraph (c), of this subsection.

(f)	Hydrocarbon storage and enhanced recovery may be monitored on a
field or project basis rather than on an individual well basis by
manifold monitoring.  Manifold monitoring may be used in cases of
facilities consisting of more than one injection well, operating with a
common manifold.  Separate monitoring systems for each well are not
required provided the owner/operator demonstrates that manifold
monitoring is comparable to individual well monitoring.

(g)	Monitoring requirements shall, at a minimum, include: 

1	 Monitoring of the nature of injected fluids at time intervals
sufficiently frequent to yield data representative of their
characteristics; 

2.	Observation of injection pressure, flow rate, and cumulative volume
at least with the following frequencies: 

(i)	Weekly for produced fluid disposal operations; 

(ii)	Monthly for enhanced recovery operations; 

(iii)	Daily during the injection of liquid hydrocarbons and injection
for withdrawal of stored hydrocarbons; 

(iv)	Daily during the injection phase of cyclic steam operations; and

(v)	Recording of one observation of injection pressure, flow rate and
cumulative volume at reasonable intervals no greater than 30 days. 

3.	 Maintenance of the results of all monitoring until the next permit
review.

1200—4—6—.12 Class III Wells.

3.	The mechanical integrity of the injection well system shall be
examined and evaluated at least once every three years. The methods and
procedures to be used shall be subject to review by the Department.

Notify Owners And Operators Of Injection Wells Of The Requirement That
They Apply For And Obtain A Permit.

The State has conducted public hearings and provided assistance to
participants with Class V authorization applications for  in Jackson,
Martin, Murfreesboro, Chattanooga, Knoxville, Johnson City, Cookeville,
and Columbia.  The State also published notice of the rule changes in
major newspapers in Knoxville, Memphis, Nashville, Kingsport, Jackson,
Johnson City, and Chattanooga see Public Hearing Participation
Opportunities for Primacy section.  The State also placed notice in the
Tennessee Administrative Register as well as the Tennessee Environmental
Law Letter, newsletters for the five Tennessee branches of the American
Society of Civil Engineering, the Tennessee Association Business,
Tennessee Association of Utility Districts and the Tennessee Municipal
League.  In addition letters were mailed out to over 100 chambers of
commerce across the state.  All of this was done in order to notify the
owners/operators of Class V and potential Class V wells of the following
requirements:

1200—4—6—.07 Permit Required.

(1)	Except for exclusions specified in paragraph 1200—4—6—.03(3),
all injection wells and activities must be authorized by permit or by
rule.

(2)	For new injection wells, a permit must be obtained before
construction commences, unless the injection is authorized by rule as
described in paragraph 1200—4—6—.14(2).

(3)	The owner or operator of an existing Class II or III injection well
shall complete, sign and submit to the Department an application for
permit in conformance with this Chapter within six (6) months from the
date of approval of these Rules.  The owner or operator must demonstrate
to the satisfaction of the Department that the existing well complies
with all applicable Rules of this Chapter.

(4)	Continued injection into existing Class V Wells is authorized by
virtue of this rule provided compliance with rule 1200-4-6-.05(1) and
any other applicable rules of this Chapter are maintained.
Owners/operators of existing Class V wells that fail to maintain
compliance shall immediately cease operation and submit an application. 
Owners/operators of all existing Class V wells shall submit an
application within the appropriate time frame for each grand division as
specified in this rule.  Within six (6) months of the effective date of
this rule, owner/operators of injection wells within the Western Grand
Division must submit an application. Within twelve (12) months of the
effective date of this rule, owner/operators of injection wells within
the Central Grand Division must submit an application.   Within eighteen
(18) months of the effective date of this rule, owner/operators of
injection wells within the Eastern Grand Division must submit an
application.  If an application for an existing Class V well is not
submitted within the specified timeframe, the owner/operator shall be
subject to an application fee for a new well as specified in
1200-4-6-.18(1).

Due to the limited number of applications for Class I facilities the UIC
program hand delivers copies of all Class I applications or permits to
the local oil and gas board housed in the Division of Water Pollution
Control.  Also a copy of any Class I permit will be made available to
local governments where the facility is located.

Due to the limited number of Class II facilities located in the State
all existing Federal Applicants holding active Class II permits in
Tennessee will receive written correspondence explaining the process of
applying for the State permit.  The mail out will be done in conjunction
with the Tennessee Oil and Gas Association (TOGA) and the Tennessee
Division of Water Pollution Control databases.

The Tennessee Administrative Procedures Act requires that all notices
shall be as follows:

4-5-202. When hearings required. 

(a)	 An agency shall precede all its rulemaking with notice and a public
hearing unless: 

(3)	 The proposed rule is published in the notice section of the
secretary of state's monthly administrative register, together with a
statement to the effect that the agency will adopt the proposed rule
without public hearing thereon unless within thirty (30) days after the
actual publication date of the proposed rule, as evidenced by the date
of mailing placed on the monthly register containing the rule by the
secretary of state or the secretary of state's designee, it is
petitioned for a public hearing on the proposal by twenty-five (25)
persons who will be affected by the rule, a municipality which will be
affected by the rule, an association of twenty-five (25) or more
members, or by a majority vote of any standing committee of the general
assembly. If the agency receives such a petition, it shall not proceed
with the proposed rulemaking until it has given notice and held a
hearing as prescribed herein.

Authority Of The Director To Authorize Injections

In the Tennessee Water Quality Act the Director has the authority to
require the following:

 69-3-114       (a)	It shall be unlawful for any person to discharge any
substance into the waters of the state or to place or cause any
substance to be placed in any location where such substances, either by
themselves or in combination with others cause any of the damages as
defined in T.C.A. 69-3-103(22), unless such discharge shall be due to an
unavoidable accident or unless such action has been properly authorized.
Any such action is declared to be a public nuisance.

  The Water Quality Act (69-3-101 et al) grants, the Commissioner or his
designee (the Director) the authority to require permits to discharge
and thus allow the Director the authority to authorize injections.  The
Underground Injection Control Regulations (1200-4-6 et. al.) as
promulgated under the Water Quality Control Act regulate these
injections as follows:

	1200—4—6—.03  Injection Prohibited.

(1)	Unless excluded under Subsection (3), the construction of an
injection well, the conversion of a well into an injection well, and the
use or operation of an injection well is prohibited unless authorized by
an injection well permit or by rule of the Department.

1200—4—6—.04 Prevention of Pollution of Ground Water and
Identification of Underground Sources of Drinking Water and Exempted
Aquifers.

(1)	No owner or operator shall construct, operate, maintain, convert,
plug, abandon, or conduct any other injection activity in a manner that
allows the movement of fluid containing any contaminant into underground
sources of drinking water, if the presence of that contaminant may cause
a violation of any primary drinking water regulation or may otherwise
adversely affect the health of persons.  The applicant for a permit
shall have the burden of showing that the requirements of this paragraph
are met.

(2)	For Class I, II and III wells, if any water quality monitoring of an
underground source of drinking water indicates the movement of any
contaminant into the underground source of drinking water, except as
authorized under this Rule, the Commissioner shall prescribe such
additional requirements for construction, corrective action, operation,
monitoring, or reporting (including closure of the injection well) as
are necessary to prevent such movement.  In the case of wells authorized
by permit, the Commissioner may impose additional requirements by
modifying the permit in accordance with Rule 1200-04-06-.08(8) or may
terminate the permit in accordance with Rule 1200-04-06-.08(9). 
Additionally, the Commissioner may assess civil penalties for all permit
or rule violations in accordance with T.C.A § 69-3-115.

(3)	For class V wells, if at any time the Commissioner learns that a
Class V well may cause a violation of primary drinking water regulations
he or she shall:

(a)	Require the injector to obtain an individual permit; and/or

(b)	Order the injector to take such actions (including, where required,
closure of the injection well) as may be necessary to prevent the
violation. 

(c)	Take enforcement action.

(4)	Whenever the Commissioner learns that a Class V well may be
otherwise adversely affecting the health of persons, he or she may
prescribe such actions as may be necessary to prevent the adverse
effect, including any action authorized under paragraph (3) of this Rule
and assess civil penalties in accordance with T.C.A § 69-3-115.

(5)	Notwithstanding any other provision of this rule, the Commissioner
may take emergency action upon receipt of information that a contaminant
which is present in or likely to enter a public water system or
underground source of drinking water may present an imminent and
substantial endangerment to the health of persons. The Commissioner must
first determine that local authorities have not taken appropriate action
to protect the health of such persons, before taking emergency action.

(6)	Identification of Underground Sources of Drinking Water

(a)	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and shall protect, except where
exempted under subparagraph (b) of this paragraph, as an underground
source of drinking water, all aquifers or parts of aquifers which meet
the definition of an “underground source of drinking water'' in Rule
1200-04-06-.02. Even if an aquifer has not been specifically identified
by the commissioner, it is an underground source of drinking water if it
meets the definition in Rule 1200-04-06-.02.

(b)	1.	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and describe in geographic and/or
geometric terms (such as vertical and lateral limits and gradient) which
are clear and definite, all aquifers or parts thereof which the
Commissioner proposes to designate as exempted aquifers using the
criteria in paragraph (7) of this Rule.

2.	No designation of an exempted aquifer submitted as part of a UIC
Program shall be final until approved by the EPA Administrator.

3 	Subsequent to program approval or promulgation by the EPA, the
Commissioner may, after notice and opportunity for a public hearing,
identify additional exempted aquifers.  

(i)	Exemption of aquifers identified under subparagraph (7)(b) of this
Rule shall be treated as a program revision under 40 CFR 145.32.

(Note: 40 CFR 145.32 provides that:

 (a)	Either EPA or the approved State may initiate program revision.
Program revision may be necessary when the controlling federal or state
statutory or regulatory authority is modified or supplemented. The state
shall keep EPA fully informed of any 

proposed modifications to its basic statutory or regulatory authority,
its forms, procedures, or priorities.

(b)	Revision of a state program shall be accomplished as follows:

(1)	The state shall submit a modified program description, Attorney
General's statement, Memorandum of Agreement, or such other documents as
EPA determines to be necessary under the circumstances.

(2)	Whenever EPA determines that the proposed program revision is
substantial, EPA shall issue public notice and provide an opportunity to
comment for a period of at least 30 days. The public notice shall be
mailed to interested persons and shall be published in the Federal
Register and in enough of the largest newspapers in the state to provide
statewide coverage. The public notice shall summarize the proposed
revisions and provide for the opportunity to request a public hearing.
Such a hearing will be held if there is significant public interest
based on requests received.

(3)	The Administrator shall approve or disapprove program revisions
based on the requirements of this part and of the Safe Drinking Water
Act.

(4)	A program revision shall become effective upon the approval of the
Administrator. Notice of approval of any substantial revision shall be
published in the Federal Register. Notice of approval of non-substantial
program revisions may be given by a letter from the Administrator to the
State Governor or his designee.)

(ii)	Exemption of aquifers identified under subparagraph (7)(c) of this
Rule shall become final if the Commissioner submits the exemption in
writing to the EPA Administrator and the EPA Administrator has not
disapproved the designation within 45 days.  Any disapproval by the EPA
Administrator shall state the reasons and shall constitute final Agency
action for purposes of judicial review.

(c)	1. 	For Class III wells, the Commissioner shall require an applicant
for a permit which necessitates an aquifer exemption under part (7)(b)1
of this Rule to furnish the data necessary to demonstrate that the
aquifer is expected to be mineral or hydrocarbon producing.  Information
contained in the mining plan for the proposed project, such as a map and
general description of the mining zone, general information on the
mineralogy and geochemistry of the mining zone, analysis of the
amenability of the mining zone to the proposed mining method, and a
time-table of planned development of the mining zone shall be considered
by the Commissioner in addition to the information required.

2.	For Class II wells, a demonstration of commercial producibility shall
be made as follows:

(i)	For a Class II well to be used for enhanced oil recovery processes
in a field or project containing aquifers from which hydrocarbons were
previously produced, commercial producibility shall be presumed by the
Commissioner upon a demonstration by the applicant of historical
production having occurred in the project area or field; and

(ii)	For Class II wells not located in a field or project containing
aquifers from which hydrocarbons were previously produced, information
such as logs, core data, formation description, formation depth,
formation thickness and formation parameters such as permeability and
porosity shall be considered by the Commissioner, to the extent such
information is available.

(7)	Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an
“underground source of drinking water'' may be determined to be an
“exempted aquifer'' if it meets the following criteria:

(a)	It does not currently serve as a source of drinking water; and

(b)	It cannot now and will not in the future serve as a source of
drinking water because:

1.	It is mineral, hydrocarbon or geothermal energy producing, or can be
demonstrated by a permit applicant as part of a permit application for a
Class II or III operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to be commercially
producible;

2.	It is situated at a depth or location which makes recovery of water
for drinking water purposes economically or technologically impractical;

3.	It is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption; or

4.	It is located over a Class III well mining area subject to subsidence
or catastrophic collapse; 

or

(c)	The total dissolved solids content of the ground water is more than
3,000 and less than 10,000 mg/l and it is not reasonably expected to
supply a public water system.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.07 Permit Required.

(1)	Except for exclusions specified in paragraph 1200—4—6—.03(3),
all injection wells and activities must be authorized by permit or by
rule.

(2)	For new injection wells, a permit must be obtained before
construction commences, unless the injection is authorized by rule as
described in paragraph 1200—4—6—.14(2).

(3)	The owner or operator of an existing Class II or III injection well
shall complete, sign and submit to the Department an application for
permit in conformance with this Chapter within six (6) months from the
date of approval of these Rules.  The owner or operator must demonstrate
to the satisfaction of the Department that the existing well complies
with all applicable Rules of this Chapter.

(4)	Continued injection into existing Class V Wells is authorized by
virtue of this rule provided compliance with rule 1200-4-6-.05(1) and
any other applicable rules of this Chapter are maintained.
Owners/operators of existing Class V wells that fail to maintain
compliance shall immediately cease operation and submit an application. 
Owners/operators of all existing Class V wells shall submit an
application within the appropriate time frame for each grand division as
specified in this rule.  Within six (6) months of the effective date of
this rule, owner/operators of injection wells within the Western Grand
Division must submit an application. Within twelve (12) months of the
effective date of this rule, owner/operators of injection wells within
the Central Grand Division must submit an application.   Within eighteen
(18) months of the effective date of this rule, owner/operators of
injection wells within the Eastern Grand Division must submit an
application.  If an application for an existing Class V well is not
submitted within the specified timeframe, the owner/operator shall be
subject to an application fee for a new well as specified in
1200-4-6-.18(1).

(5)	The Department may require the owner or operator of a Class V
injection well authorized by rule to apply for and obtain an injection
well permit. Cases for which a permit may be required include:

(a)	The injection well is not in compliance with the standards required
by this Chapter.

(b)	Compliance with standards in addition to those listed in this
Chapter is required to protect USDWs from pollution.

(6)	Reserved.

(7)	Class V wells utilizing innovative or experimental technologies, may
not be authorized by rule, but only by a permit.  The permit shall
require a surety bond.

(8)	Emergency permits.

(a)	Coverage.  Notwithstanding any other provision of this Rule the
Commissioner may temporarily permit a specific underground injection if:

1.	An imminent and substantial endangerment to the health of persons
will result unless a temporary emergency permit is granted, provided the
injection will not result in the movement of fluids into underground
sources of drinking water; or

2.	(i)	A substantial and irretrievable loss of oil or gas resources will
occur unless a temporary emergency permit is granted to a Class II well;
and

(ii)	Timely application for a permit could not be practically made; and

(iii)	The injection will not result in the movement of fluids into
underground sources of drinking water; or

3.	A substantial delay in production of oil or gas resources will occur
unless a temporary emergency permit is granted to a new Class II well
and the temporary authorization will not result in the movement of
fluids into an underground source of drinking water.

(b)	Requirements for issuance.

1.	Any temporary permit under part (a)1 of this paragraph shall be for
no longer term than required to prevent the hazard.

2.	Any temporary permit under part (a)2 of this paragraph shall be for
no longer than 90 days, except that if a permit application has been
submitted prior to the expiration of the 90-day period, the Commissioner
may extend the temporary permit until final action on the application.

3.	Any temporary permit under part (a)3 of this paragraph shall be
issued only after a complete permit application has been submitted and
shall be effective until final action on the application.

4.	Notice of any temporary permit under this paragraph shall be
published in accordance with paragraph (7) of Rule 1200-04-06-.08 within
ten days of the issuance of the permit.

5.	The temporary permit under this paragraph may be either verbal, or
written.  If verbal authorization, it must be followed within 5 calendar
days by a written temporary emergency permit.

6.	The Commissioner shall condition the permit in any manner he or she
determines is necessary to ensure that the injection will not result in
the movement of fluids into an underground source of drinking water.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.08 Authorization By Permit For Injection Wells Not
Authorized By Rule.

(1)	Permit Application — All permit applicants for injection wells not
authorized by rule shall provide the following information to the
Department, using a form provided by the Department:

(a)	The activities conducted by the applicant which require it to obtain
a UIC permit.

(b)	Name, mailing address, and location of the facility for which the
application is submitted.

(c)	Up to four North American Industry Classification System (NAICS)
codes which best reflect the principal products or services provided by
the facility.

(d)	The operator’s name, address, telephone number, ownership status,
and status as Federal, State, private, public, or other entity.

(e)	Whether the facility is located on Indian lands.

(f)	A listing of all permits or construction approvals received or
applied for under any of the following programs:

1.	Hazardous Waste Management program under federal or state law.

2.	UIC program under federal or state law.

3.	NPDES program under federal or state law.

4.	Prevention of Significant Deterioration (PSD) program under federal
or state law.

5.	Nonattainment program under federal or state law.

6.	National Emission Standards for Hazardous Pollutants (NESHAPS)
preconstruction approval under federal or state law.

7.	Ocean dumping permits under the Marine Protection Research and
Sanctuaries Act.

8.	Dredge and fill permits under section 404 of the Clean Water Act, 33
U.S.C. Section 1344.

9.	Other relevant environmental permits.

(g)	A topographic map (or other map if a topographic map is unavailable)
extending one mile beyond the property boundaries of the source
depicting the facility and each of its intake and discharge structures;
each of its hazardous waste treatment, storage, or disposal facilities;
each well where fluids from the facility are injected underground; and
those wells, springs, surface water bodies, and drinking water wells
listed in public records or otherwise known to the applicant within a
quarter mile of the facility property boundary.

(h)	A brief description of the nature of the business.

(2)	A permit application will be processed when:

(a)	A completed application form, all information required by these
Rules and any supplemental information, as may be required, is submitted
to the Department. The application shall identify (by narrative
description, illustrations, maps, or other suitable means) and describe
by geographic or geometric terms (including lateral and vertical limits
and gradients) the area intended to be used as an injection zone.

(b)	The feasibility requirements that apply to the proposed injection
well have been satisfied.

(3)	Duration of permits.

(a)	Permits for Class I and V wells and authorizations for Class V wells
shall be effective for a fixed term not to exceed five (5) years. 
Permits for Class II and III wells may be issued for a period up to the
operating life of the facility. Each Class II or III well permit shall
be reviewed at least once every five (5) years to determine whether it
should be modified, revoked and reissued, or revoked as provided in
Paragraphs 1200—4—6—.08(7) and (8).

(b)	Except as provided by the Uniform Administrative Procedures Act,
T.C.A. §§4—5—101 et seq., the term of a permit shall not be
extended by modification beyond the maximum duration specified in this
rule.

(c)	The Department may issue any permit for a duration that is less than
the full allowable term under this rule.

(4)	Schedules of compliance

(a)	The permit may when appropriate specify a schedule of compliance.

(b)	Time for compliance. Any schedule of compliance shall require
compliance as soon as possible but in no case later than three (3) years
after the effective date of the permit.

(c)	Interim dates. Except as provided in this section, if a permit
establishes a schedule of compliance which exceeds one (1) year from the
date of permit issuance, the schedule shall set forth interim
requirements and the dates for their achievements.

1.	The time between interim dates shall not exceed one (1) year.

2.	If the time necessary for completion of any interim requirement (such
as the construction of a control facility) is more than one (1) year and
is not readily divisible into stages for completion, the permit shall
specify interim dates for the submission of reports of progress toward
completion of the interim requirements and indicate a projected
completion date.

(d)	Reporting. Progress reports shall be submitted no later than thirty
(30) days following each interim date and the final date of compliance.

(5)	Effect of a permit

(a)	A permit may be revoked, suspended or modified during its term for
cause, under T.C.A. §69-3-108(f).

(b)	The issuance of a permit does not convey any property rights of any
sort, or any exclusive privilege.

(c)	The issuance of a permit does not authorize any injury to persons or
property or invasion of other property rights, or any infringement of
other State, Federal or local laws or regulations. In particular, the
issuance of a permit does not relieve a  Class I, Class  IV or Class V
well permittee from any applicable requirement he may be subject to
under the Tennessee Hazardous Waste Management Act (T.C.A. 6—46—101
et. seq.)

(6)	Transfer of permits—A permit may be transferred by the permittee
to a new owner or operator if the permit has been modified or revoked
and reissued or a minor modification made.

(7)	Public notice of permit actions and public comment period.

(a)	Scope. The Department shall give public notice that the following
actions have occurred:

1.	A draft permit has been prepared. A draft permit shall contain:

				(i)	All permit conditions;

(ii)	All compliance schedules for corrective action; and

				(iii)	All monitoring requirements.

(b)	Upon request, the Department shall send to the requestor copies of
the foregoing documents.

(c)	Timing

1.	Public notice of the preparation of a draft permit shall allow at
least thirty (30) days for public comment.

2.	Public notice of a public hearing shall be given at least thirty (30)
days before the hearing. (Public notice of the hearing may be given at
the same time as public notice of the draft permit and the two notices
may be combined.)

(d)	Methods.  Public notices of permit actions shall be given by the
following methods:

1.	By mailing a copy of a notice to the following persons (any person
otherwise entitled to receive notice under this paragraph may waive his
or her rights to receive notice for any classes and categories of
permits):

				(i)	the applicant;

(ii)	any other agency which the Department knows has issued or is
required to issue a RCRA, PSD, NPDES or 404 permit for the same facility
or activity;

(iii)	federal, state and local agencies with jurisdiction over fish,
shellfish, and wildlife resources; the Advisory Council on Historic
Preservation, state historic preservation 	officers, and other
appropriate government authorities, including any affected States;

				(iv)	persons on a mailing list developed by:

(I)	notifying the public of the opportunity to be put on the mailing
list through periodic publication in the public press and in other
publications such as Regional and State funded newsletters,
environmental bulletins, or State law journals; and

(II)	including those who request in writing to be on the list. (The
Department may update the mailing list from time to time by requesting
written) indication of continued interest from those listed.  The
Department may delete from the list the name of any person who fails to
respond to such a request.

2.	By publication of a notice in a daily or weekly newspaper within the
area to be affected by the facility or activity;

3.	Any other method reasonably calculated to give actual notice of the
action in question to the persons potentially affected by it, including
press releases or any other forum or medium to elicit public
participation.

(e)	Contents.  All public notices of permit actions shall contain the
following minimum information:

1.	Name and address of the Department office processing the permit
action for which notice is being given;

2.	Name and address of the permittee or permit applicant and, if
different, of the facility or activity regulated by the permit;

3.	A brief description of the business conducted at the facility or
activity described in the permit application;

4.	A description of the type and quantity of wastes, fluids, or
pollutants which are proposed to be injected;

5.	A brief summary of the basis for the permit conditions;

6.	Reasons why any requested variances do or do not appear justified;

7.	Name, address, and telephone number of a person from whom interested
persons may obtain further information including copies of the draft
permit, fact sheet when prepared, and the application;

8.	A brief description of the applicable comment procedures including,
the beginning and ending dates of the comment period, procedures for
requesting a hearing, and any other procedures by which the public may
participate in the final decision;

9.	Reference to the date of previous public notices relating to the
permit;

10.	Date, time, and place of the hearing;

11.	A brief description of the nature and purpose of the hearing
including the applicable rules and procedures; and

12.	Any additional information considered necessary or proper.

(f)	Public comments and requests for public hearings. During the public
comment period, any interested person may submit written comments on the
permit application or draft permit and may request a public hearing. A
request for a public hearing shall be in writing and shall state the
nature of the issues proposed to be raised.

(g)	Public hearings.  The Department shall hold a public hearing
whenever, as evidenced by requests, there is public interest in a draft
permit.  A public hearing may also be held at the Department’s
discretion to clarify issues in the permit.

(h)	Consideration of comments and response.

1.	All comments submitted during the public comment period and all
hearing testimony shall be considered in making the final decision.

2.	If a decision is reached to issue a final permit, the Department
shall respond to comments when the permit is issued. This response
shall:

(i)	Be made available to the public;

(ii)	Specify which provisions, if any, of the draft permit have been
changed in the final permit, and the reasons for the change; and

(iii)	Briefly describe and respond to all significant comments on the
draft permit raised during the public comment period, or during any
hearing.

	(i)	Notice of final permit decision.

1.	After the close of the comment period, the Commissioner shall notify
the applicant and each person who has submitted written comments, or
requested notice, of the final permit decision.  This notice shall
contain reference to the procedures for appealing a permit decision.

2.	A final permit decision shall become effective thirty (30) days after
service of notice on the applicant of the final permit decision, unless
a later date is specified in the notice, or a petition is filed pursuant
to paragraph (j) or (k) below.

(j)	Within thirty (30) days of receipt of notice of a final permit
decision, or prior to any later date specified in the notice, any person
other than the applicant who has filed comments on that permit, or its
drafts, may petition the Board for a hearing on the permit or any
condition of the permit.  The petition shall include a statement of all
of the permit conditions which are challenged and the reasons supporting
the challenge. This hearing shall be legislative in nature and shall not
be a contested case within the meaning of T.C.A. §4—5—102, the
Uniform Administrative Procedures Act.  The Board shall make a
recommendation on issuance or denial of the permit or permit conditions
to the Commissioner that shall become final and effective in thirty (30)
days if the Commissioner takes no action.

(k)	Within thirty(30) days of receipt of notice of a final permit
decision, the permit applicant may file a petition with the Board for a
contested case hearing pursuant to T.C.A. §§69—3—105 and
4—5—301 et seq.

(8)	Modification or revocation and reissuance of permits.—When the
Department determines that one or more causes exist for modification or
revocation and reissuance of a permit, the Department may modify or
revoke and reissue the permit accordingly, subject to the limitations of
subparagraph (c) of this paragraph, and may request an updated
application if necessary. When a permit is modified, only the conditions
subject to modification are reopened. If a permit is revoked and
reissued, the entire permit is reopened and subject to revision and the
permit is reissued for a new term. If a permit modification satisfies
the criteria for minor modifications, the permit may be modified without
a draft permit or public review. Otherwise, a draft permit must be
prepared and public review procedures as set out herein must be
followed.

(a)	Causes for modification.  The following are causes for modification
and may be causes for revocation and reissuances.

1.	Alterations.  There are material and substantial alterations or
additions to the permitted facility or activity which occurred after
permit issuance which justify the application of permit conditions that
are different or absent in the existing permit.

2.	Information.  The Department has received information that was not
available at the time of permit issuance (other than revised
regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance. This
cause shall include any information indicating that cumulative effects
on the environment are unacceptable.

3.	New regulations. The standard or regulations on which the permit was
based have been changed by promulgation of amended standards or
regulations or by judicial decision after the permit was issued. 
Permits other than for Class 11 or III wells may be modified during
their terms for this cause, only as follows:

(i)	For promulgation of amended standards or regulations, when:

(I)	The permit condition requested to be modified was based on a
Departmental regulation;

(II)	The Department has revised withdrawn, or modified that portion of
the regulation on which the permit condition was based; and

(III)	A permittee requests modification within thirty (30) days after
public notice of the action on which the request is based.

(ii)	For judicial decisions, a court of competent jurisdiction has
remanded and stayed Department promulgated regulations if the remand and
stay concern that portion of the regulations on which the permit
condition was based and a request is filed by the permittee in
accordance with these regulations within thirty (30) days of judicial
remand.

4.	Compliance schedules. The Department determines good cause exists for
modification of a compliance schedule, such as an act of God, strike,
flood, or materials shortage or other events over which the permittee
has little or no control and for which there is no reasonably available
remedy.

(b)	Causes for modification or revocation and reissuance. The following
are causes to modify or, alternatively, revoke and reissue a permit:

1.	Cause exists for revocation and the Department determines that
modification or revocation and reissuance is appropriate.

2.	The Department has received notification of a proposed transfer of
the permit.

(c)	Facility siting. Suitability of the facility location will not be
considered at the time of permit modification or revocation and
reissuance unless new information or standards indicate that a threat to
human health or the environment exists which was unknown at the time of
permit issuance.

(9)	Revocation of permits or denial of renewal application.

(a)	The Department may revoke a permit during term, or deny a permit
renewal application for the following causes:

1.	Noncompliance by the permittee with any condition of the permit;

2.	The permittee’s failure in the application or during the permit
issuance process to disclose fully all relevant facts, or the
permittee’s misrepresentation of any relevant facts at any time; or

3.	A determination that the permitted activity endangers human health or
the environment and can only be regulated to acceptable levels by permit
modification or revocation.

(b)	Notice of intent to revoke and reissue, or terminate.  If the
Department tentatively decides to revoke and reissue a permit, a notice
of intent to revoke and reissue, or notice of intent to terminate shall
be issued.

(10)	Minor Modifications—Upon the consent of the permittee, the
Department may modify a permit to make the corrections or allowances for
changes in the permitted activity listed in this paragraph without
following the entire permitting procedure. Minor modifications may only:

(a)	Correct typographical errors;

(b)	Require more frequent monitoring or reporting by the permittee;

(c)	Change an interim compliance date in a schedule of compliance,
provided the new date is not more than 120 days after the date specified
in the existing permit and does not interfere with attainment of the
final compliance date requirement;

(d)	Change quantities or types of fluids injected which are injected
within the capacity of the facility as permitted and, in the judgment of
the Department would not interfere with the operation of the facility or
its ability to meet conditions described in the permit and would not
change its classification;

(e)	Change a construction requirement approved by the Department,
provided that any such alteration shall comply with all requirements of
this rule; or

(f)	Amend a plugging and abandonment plan.

(g)	Allow for a change in ownership or operational control of a facility
where the Commissioner determines that no other change in the permit is
necessary, provided that a written agreement containing a specific date
for transfer of permit responsibility, coverage, and liability between
the current and new permittees has been submitted to the commissioner.

(11)	Confidentiality of information—The handling of confidential
information shall be governed by T.C.A. § 69-3-113.

(12)	Signatories to applications and reports.

(a)	Applications. All permit applications, shall be signed as follows:

1.	For a corporation: by a responsible corporate officer. For the
purpose of this part, a responsible corporate officer means (1)
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, or (II)
the manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual sales
or expenditures exceeding 25 million dollars (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures. Note: The
Department does not require specific assignments or delegations of
authority to responsible corporate officers identified in subpart (f). 
The Department will presume that these responsible corporate officers
have the requisite authority to sign permit applications unless the
corporation has notified the Commissioner to the contrary. Corporate
procedures governing authority to sign permit applications may provide
for assignment or delegation to applicable corporate positions under
item (II) rather than the specific individuals.

2.	For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or

3.	For a municipality, State, Federal, or other public agency: by either
a principal executive officer or ranking elected official.

(b)	Reports. All reports required by permits, and other information
requested by the Department, shall be signed by a person described in
sub-paragraph (a) above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:

1.	The authorization is made in writing by a person described in
subparagraph (a);

2.	The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity, such as the position of plant manager, operator of a well or
well field, superintendent, or position of equivalent responsibility (A
duly authorized representative may thus be either a named individual or
any individual occupying a named position.); and

3.	The written authorization is submitted to the Department.

(c)	Changes to authorization. If an authorization under subparagraph (b)
is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of subparagraph (b) must be
submitted to the Department prior to or at the time any reports,
information, or applications signed by an authorized representative are
submitted.

(d)	Certification. Any person signing a document under this section
shall make the following certification.

	“I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.”

(13)	Permit Requirements—All UIC permits shall contain permit
conditions established by the Commissioner as necessary to fulfill the
purposes of the Tennessee Water Quality Control Act, T.C.A.
§§69—3—101 et seq., a description of the injection zone being
permitted, and any necessary corrective action as stated under rule
1200—4—6—.09(5). The permit conditions shall be set at levels to
prevent adverse effects to persons utilizing the ground water resource
after consideration of at least the following factors: any guidelines
set for certain pollutants by U.S.E.P.A., the flow characteristics of
ground water, risk to humans, and the risk of migration. The following
conditions (a) through (n) apply to all UIC permits. All conditions
applicable to all permits shall be incorporated into the permits either
expressly or by reference. If incorporated by reference, a specific
citation to these regulations must be given in the permit.

(a)	The permittee must comply with all conditions of this permit and all
applicable laws and regulations. Any permit noncompliance constitutes a
violation of the Tennessee Water Quality Control Act and is grounds for
enforcement action; for permit termination, revocation and reissuance,
or modification; or for denial of a permit renewal application.

(b)	If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the permittee must
apply for and obtain a new permit prior to expiration of this permit.

(c)	It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.

(d)	The permittee shall take all reasonable steps to minimize or correct
any adverse impact on the environment resulting from non-compliance with
this permit.

(e)	The permittee shall at all times properly operate and maintain all
facilities and systems of related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.

(f)	This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not
stay any permit condition.

(g)	This permit does not convey any property rights of any sort, or any
exclusive privilege.

(h)	The permittee shall furnish to the Department, within a time
specified, any information which the Department may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Department, upon request, copies
of records required to be kept by this permit.

(i)	The permittee shall allow Department personnel, or an authorized
representative of the Department, upon the presentation of credentials
to:

1.	Enter upon the permittee’s premises where a regulated facility or
activity is located or conducted, or where records must be kept under
the conditions of this permit;

2.	Have access to and copy, at reasonable times, any records that must
be kept under the conditions of this permit;

3.	Inspect at reasonable times any facility, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this permit; and

4.	Sample or monitor at reasonable times, for the purposes or assuring
permit compliance or as otherwise authorized by the Tennessee Water
Quality Control Act, any substances or parameters at any location.

(j)	Monitoring and records.

1.	Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity. The permittee shall monitor
injection fluids, injection operations, and local ground water supplies,
in accordance with the requirements for the applicable class of well
stated in rules 1200—4—6—.10 through 1200—4—6—.14.

2.	The permittee shall retain records of all monitoring information,
including the following:

(i)	Calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all
reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least 3
years from the date of the sample, measurement, report, or application.
This period may be extended by request of the Department at any time;
and

(ii)	The nature and composition of all injected fluids until three years
after the completion of any plugging and abandonment procedures. The
Department may require the owner or operator to deliver the records to
the Department at the conclusion of the retention period.

3.	Records of monitoring information shall include:

(i)	The date, exact place, and time of sampling or measurements;

(ii)	The individual(s) who performed the sampling or measurements;

(iii)	The date(s) analyses were performed;

(iv)	The individual(s) who performed the analyses;

(v)	The analytical techniques or methods used; and

(vi)	The results of such analyses.

(k)	All applications, reports, or information submitted to the
Department shall be signed and certified.

(l)	Reporting requirements.

(i) 	Planned Changes. The permittee shall give notice to the Department
as soon as possible of any planned physical alterations or additions to
the permitted facility.

(ii)	Anticipated noncompliance. The permittee shall give advance notice
to the Department of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements.

(iii)	Transfers. See subsections (5), (7), (8) and (9) of this Rule.

(iv)	Monitoring reports. Monitoring results shall be reported at the
intervals specified elsewhere in this permit.

(v)	Compliance schedules. Reports of compliance or noncompliance with,
or any progress reports on, interim and final requirements contained in
any compliance schedule of this permit shall be submitted no later than
30 days following each schedule date.

(vi)	Twenty-four hour reporting. The permittee shall report any
noncompliance which may endanger health or the environment, including:

(I)	Any monitoring or other information which indicates that any
contaminant may cause an endangerment to USDWs; or

(II)	Any noncompliance with a permit condition or malfunction of the
injection system which may cause fluid migration into or between USDWs.

Any such information shall be provided orally within 24 hours from the
time the permittee becomes aware of the circumstances. A written
submission shall also be provided within 72 hours of the time the
permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause, the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate
and prevent reoccurrence of the noncompliance.

(vii)	Other noncompliance. The permittee shall report all instances of
noncompliance not reported under paragraphs i, iv, v, and vi of this
section, at the time monitoring reports are submitted. The reports shall
contain the information listed in paragraph (l)(vi) of this section.

(viii)	Other information. Where the permittee becomes aware that it
failed to submit any relevant acts in a permit application, or submitted
incorrect information in a permit application or in any report to the
Department, it shall promptly submit such facts or information.

(m)	Requirements prior to commencing injection. Except for all new wells
authorized by an area permit under rules 1200—4—6—.11 and
1200—4—6—.12, a new injection well may not commence injection
until construction is complete, and

1.	The permittee has submitted notice of completion of construction to
the Director; and

2.	(i)	The Department has inspected or otherwise reviewed the new 
injection well and finds it is in compliance with the conditions of 	the
permit; or

(ii)	The permittee has not received notice from the Director of his or
her intent to inspect or otherwise review the new injection well within
13 days of the date of the notice in paragraph (m)(l) of this section,
in which case prior inspection or review is waived and the permittee may
commence injection. The Director shall include in his notice a
reasonable time period in which he shall inspect the well.

(n)	The permittee shall notify the Department at such times as the
permit requires before conversion or abandonment of the well, or in the
case of area permits, before closure of the project.

(o)	The permittee shall at all times maintain sufficient financial
resources to allow for the proper plugging and abandonment of the well. 
In the event of a change of ownership or other transfer of permit, the
transferee shall provide proof of financial responsibility before
continued operation.  

1.	For Class I and III wells, a surety bond or cash bond shall be filed
with the Department prior to permit issuance.  At the Department’s
discretion, other forms of financial assurance for Class I wells may be
acceptable.

2.	Class II wells shall have a surety bond or cash bond for a total of
$4,000 per well.  If there is an existing $2,000 bond with the Tennessee
Oil and Gas Board, the bond under this rule shall be $2,000.  If no bond
currently exists, the bond shall be for $4,000.

3.	At the Department’s discretion, a bond may be required for Class V
wells.

(p)	The owner or operator of a Class I, II or III well permitted under
this part shall establish prior to commencing injection or on a schedule
determined by the Department, and thereafter maintain mechanical
integrity for the well.  When the Department determines that a Class I,
II, or III well lacks mechanical integrity, the Department shall give
written notice of the determination to the owner or operator.  Unless
the Department requires immediate cessation, the owner or operator shall
cease injection into the well within 48 hours of receipt of the
Department’s determination.  The Department may allow plugging of the
well pursuant to the requirements of this rule or require the permittee
to perform such  additional construction, operation, monitoring,
reporting and corrective action as is necessary to prevent the movement
of fluid into or between USDWs caused by the lack of mechanical
integrity.  The owner or operator may resume injection upon written
notification from the Department that the owner or operator has
demonstrated mechanical integrity pursuant to this rule.  The Department
may allow the owner or operator of a well which lacks mechanical
integrity to continue or resume injection, if the owner or operator has
made a satisfactory demonstration that there is no movement of fluid
into or between USDWs.

(q)	A Class I, II or III permit shall include and a Class V permit may
include, conditions to insure that plugging and abandonment of the well
will not allow the movement of fluids into or between USDWs.  Where the
Department's review of an application indicates that the permittee's
plan is inadequate, the Department may require the applicant to revise
the plan, prescribe conditions meeting the requirements of this
paragraph, or deny the permit. 

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed January x,
2010; effective date April x, 2010

Existing Enhanced Recovery And Hydrocarbon Storage Wells

For all existing enhanced recovery and hydrocarbon storage wells that
are currently operating in the State of Tennessee Rule 1200-4-6-.11 (11)
states: “ Class II wells in current operation upon the effective date
of this rule shall file an application within 6 months of the effective
date of this rule.  No application fee will be required. Failure to file
an application by the required date shall make the wells in violation of
Rule 1200-4-6 and subject to the new application fee or closure.”

By this statement the State will accept and review applications obtained
from existing facilities for no fee within the first six months.  We
will be requesting that the existing facilities also provide any
information from the existing Federal applications, approval letters,
operating permits, mechanical integrity tests and aquifer designations.

Inventory Maintenance 

Since 1995 the State has been maintaining a database, which holds all
the currently listed permits, as well as responses to registration
questionnaires and registrations done in conjunction with the TVA UIC
Study.  TVA has provided the State with a valuable electronic database
while working within the designated wellhead protection areas.  The
State will request information from the Region IV EPA database for any
supplemental information needed by the State as needed .  The database
is updated on a monthly basis.  The State is currently updating the
format of the database in order to respond easier to the required 7520
forms.  The new database manager for the Groundwater Management Section
is accomplishing this.

MOTOR VEHICLE WELLS

Motor vehicle waste disposal well construction after April 5, 2000 is
banned nationwide.  The decision to regulate motor vehicle waste
disposal wells is based on the high potential for these wells to
endanger underground sources of drinking water.  EPA data shows that
there are two existing motor vehicle wells. These wells will be
inspected and evaluated and closed as soon as the State is notified of
the locations of these wells.  During the States operation of the Class
V program any new motor vehicle wells will be investigated and evaluated
and closed as they are located.

Exempted Aquifers

At this time the Department has not exempted any aquifer in the State. 
In Tennessee an exempted aquifer is defined as follows:

1200-4-6-.04(7)	Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an
“underground source of drinking water'' may be determined to be an
“exempted aquifer'' if it meets the following criteria:

(a)	It does not currently serve as a source of drinking water; and

(b)	It cannot now and will not in the future serve as a source of
drinking water because:

1.	It is mineral, hydrocarbon or geothermal energy producing, or can be
demonstrated by a permit applicant as part of a permit application for a
Class II or III operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to be commercially
producible;

2.	It is situated at a depth or location which makes recovery of water
for drinking water purposes economically or technologically impractical;

3.	It is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption; or

4.	It is located over a Class III well mining area subject to subsidence
or catastrophic collapse; 

or

(c)	The total dissolved solids content of the ground water is more than
3,000 and less than 10,000 mg/l and it is not reasonably expected to
supply a public water system.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

Once the applicant has submitted a completed request and the State
approves the request the State will ask EPA for a final ruling. 

Class IV Prohibition

Under the Tennessee UIC regulations Class IV wells are banned.  The
following language institutes the State portion of the Federal ban.

1200—4—6—.13 Class IV Wells.

(1)	The following are prohibited:

(a)	The use of any well to dispose of water carrying human waste,
household or business waste, raw sewage or the effluent from any septic
tank or other sewer system of any kind, unless such well is a subsurface
fluid distribution system (SFDS) which is part of a Subsurface Sewage
Disposal System (SSDS) permitted under provisions  68-221-401 et seq. or
a drip disposal system permitted pursuant to 69-3-108 et seq. 

(b)	The use of any Class V injection well in such a manner as to cause
any USDW to contain any substances, whether alone or in combination with
other substances, that are toxic, carcinogenic, mutagenic, or
teratogenic, other than those of natural origin, at levels and
conditions which violate primary drinking water standards as given in
1200-5-1 or adversely affect the health of persons.

(c)	Large capacity cesspools; and

(d)	Cesspools, other than large capacity cesspools, not authorized under
T.C.A. 68-221-401 et seq.

(e)	Motor Vehicle Waste Disposal Wells (MVWDWs) are prohibited and must
be properly closed and abandoned.

Inventory Of Class V Wells

Tennessee has completed a contract with TVA for notification and
location of all potential Class V well owners within the state’s
wellhead protection areas.  The State has also conducted various
workshops across the state during the last regulation update.  A
contract has been initiated with TVA to provide stakeholder workshops
across the State.  The staff of the DWS has also spoken at numerous
workshops and seminars across the state in hopes of reaching new and
potential clients.   The universe of Class V wells is constantly
expanding.  The State is currently evaluating North American Industry
Classification System (NAICS) codes as they concern wellhead protection
areas.  The Division is focusing primarily on those Class V systems that
receive any waste other than sanitary waste. 

Wellhead Protection Areas And Other Sensitive Groundwater Areas 

EPA has declared that the entire State is a sensitive groundwater area
and Tennessee will continue to operate under this ruling. Tennessee will
also emphasize Wellhead Protection areas as an area that the State will
target for added inventory and enforcement activities.  In Tennessee the
Drinking Water Source Protection regulations (1200-5-1-.34) have been
modified to place special emphasis on all injection wells that are
located within wellhead protection areas.  In order to provide more of a
regulatory emphasis, the UIC regulations were amended to allow denial of
permits or the placement of more stringent requirements on a permit due
to its location within a wellhead protection area.  This language is
intended to provide a prioritization and a specific link to Drinking
Water (Source Protection Rule/ Wellhead Protection) Rule under the
Tennessee Safe Drinking Water Act and the UIC Regulations under the
Tennessee Water Quality Control Act as well as ensuring that the
applicant is aware of the location of the facility and the relationship
to the wellhead protection area(s).  This change also allows the
owner/operator to be put on a written notice that, if permitted, the
facility will be operating in a wellhead protection area, which is a
priority area for concern for the UIC program.  The UIC program has also
addressed Identification of USDW by the addition of the following
language in the Rule:

1200—4—6—.04 Prevention of Pollution of Ground Water and
Identification of Underground Sources of Drinking Water and Exempted
Aquifers.

(1)	No owner or operator shall construct, operate, maintain, convert,
plug, abandon, or conduct any other injection activity in a manner that
allows the movement of fluid containing any contaminant into underground
sources of drinking water, if the presence of that contaminant may cause
a violation of any primary drinking water regulation or may otherwise
adversely affect the health of persons.  The applicant for a permit
shall have the burden of showing that the requirements of this paragraph
are met.

(2)	For Class I, II and III wells, if any water quality monitoring of an
underground source of drinking water indicates the movement of any
contaminant into the underground source of drinking water, except as
authorized under this Rule, the Commissioner shall prescribe such
additional requirements for construction, corrective action, operation,
monitoring, or reporting (including closure of the injection well) as
are necessary to prevent such movement.  In the case of wells authorized
by permit, the Commissioner may impose additional requirements by
modifying the permit in accordance with Rule 1200-04-06-.08(8) or may
terminate the permit in accordance with Rule 1200-04-06-.08(9). 
Additionally, the Commissioner may assess civil penalties for all permit
or rule violations in accordance with T.C.A § 69-3-115.

(3)	For class V wells, if at any time the Commissioner learns that a
Class V well may cause a violation of primary drinking water regulations
he or she shall:

(a)	Require the injector to obtain an individual permit; and/or

(b)	Order the injector to take such actions (including, where required,
closure of the injection well) as may be necessary to prevent the
violation. 

(c)	Take enforcement action.

(4)	Whenever the Commissioner learns that a Class V well may be
otherwise adversely affecting the health of persons, he or she may
prescribe such actions as may be necessary to prevent the adverse
effect, including any action authorized under paragraph (3) of this Rule
and assess civil penalties in accordance with T.C.A § 69-3-115.

(5)	Notwithstanding any other provision of this rule, the Commissioner
may take emergency action upon receipt of information that a contaminant
which is present in or likely to enter a public water system or
underground source of drinking water may present an imminent and
substantial endangerment to the health of persons. The Commissioner must
first determine that local authorities have not taken appropriate action
to protect the health of such persons, before taking emergency action.

(6)	Identification of Underground Sources of Drinking Water

(a)	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and shall protect, except where
exempted under subparagraph (b) of this paragraph, as an underground
source of drinking water, all aquifers or parts of aquifers which meet
the definition of an “underground source of drinking water'' in Rule
1200-04-06-.02. Even if an aquifer has not been specifically identified
by the commissioner, it is an underground source of drinking water if it
meets the definition in Rule 1200-04-06-.02.

(b)	1.	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and describe in geographic and/or
geometric terms (such as vertical and lateral limits and gradient) which
are clear and definite, all aquifers or parts thereof which the
Commissioner proposes to designate as exempted aquifers using the
criteria in paragraph (7) of this Rule.

2.	No designation of an exempted aquifer submitted as part of a UIC
Program shall be final until approved by the EPA Administrator.

3 	Subsequent to program approval or promulgation by the EPA, the
Commissioner may, after notice and opportunity for a public hearing,
identify additional exempted aquifers.  

(i)	Exemption of aquifers identified under subparagraph (7)(b) of this
Rule shall be treated as a program revision under 40 CFR 145.32.

(Note: 40 CFR 145.32 provides that:

(a)	Either EPA or the approved State may initiate program revision.
Program revision may be necessary when the controlling federal or state
statutory or regulatory authority is modified or supplemented. The state
shall keep EPA fully informed of any 

proposed modifications to its basic statutory or regulatory authority,
its forms, procedures, or priorities.

(b)	Revision of a state program shall be accomplished as follows:

(1)	The state shall submit a modified program description, Attorney
General's statement, Memorandum of Agreement, or such other documents as
EPA determines to be necessary under the circumstances.

(2)	Whenever EPA determines that the proposed program revision is
substantial, EPA shall issue public notice and provide an opportunity to
comment for a period of at least 30 days. The public notice shall be
mailed to interested persons and shall be published in the Federal
Register and in enough of the largest newspapers in the state to provide
statewide coverage. The public notice shall summarize the proposed
revisions and provide for the opportunity to request a public hearing.
Such a hearing will be held if there is significant public interest
based on requests received.

(3)	The Administrator shall approve or disapprove program revisions
based on the requirements of this part and of the Safe Drinking Water
Act.

(4)	A program revision shall become effective upon the approval of the
Administrator. Notice of approval of any substantial revision shall be
published in the Federal Register. Notice of approval of non-substantial
program revisions may be given by a letter from the Administrator to the
State Governor or his designee.)

(ii)	Exemption of aquifers identified under subparagraph (7)(c) of this
Rule shall become final if the Commissioner submits the exemption in
writing to the EPA Administrator and the EPA Administrator has not
disapproved the designation within 45 days.  Any disapproval by the EPA
Administrator shall state the reasons and shall constitute final Agency
action for purposes of judicial review.

(c)	1. 	For Class III wells, the Commissioner shall require an applicant
for a permit which necessitates an aquifer exemption under part (7)(b)1
of this Rule to furnish the data necessary to demonstrate that the
aquifer is expected to be mineral or hydrocarbon producing.  Information
contained in the mining plan for the proposed project, such as a map and
general description of the mining zone, general information on the
mineralogy and geochemistry of the mining zone, analysis of the
amenability of the mining zone to the proposed mining method, and a
time-table of planned development of the mining zone shall be considered
by the Commissioner in addition to the information required.

2.	For Class II wells, a demonstration of commercial producibility shall
be made as follows:

(i)	For a Class II well to be used for enhanced oil recovery processes
in a field or project containing aquifers from which hydrocarbons were
previously produced, commercial producibility shall be presumed by the
Commissioner upon a demonstration by the applicant of historical
production having occurred in the project area or field; and

(ii)	For Class II wells not located in a field or project containing
aquifers from which hydrocarbons were previously produced, information
such as logs, core data, formation description, formation depth,
formation thickness and formation parameters such as permeability and
porosity shall be considered by the Commissioner, to the extent such
information is available.

(7)	Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an
“underground source of drinking water'' may be determined to be an
“exempted aquifer'' if it meets the following criteria:

(a)	It does not currently serve as a source of drinking water; and

(b)	It cannot now and will not in the future serve as a source of
drinking water because:

1.	It is mineral, hydrocarbon or geothermal energy producing, or can be
demonstrated by a permit applicant as part of a permit application for a
Class II or III operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to be commercially
producible;

2.	It is situated at a depth or location which makes recovery of water
for drinking water purposes economically or technologically impractical;

3.	It is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption; or

4.	It is located over a Class III well mining area subject to subsidence
or catastrophic collapse; 

or

(c)	The total dissolved solids content of the ground water is more than
3,000 and less than 10,000 mg/l and it is not reasonably expected to
supply a public water system.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

Public Hearing Participation Opportunities for Primacy

The UIC program ran advertisements in several local papers across the
state to announce that the state was seeking primary enforcement
authority.  A copy of the announcements as well as a copy of the
presentation and comments is provided in appendix section 8.  The papers
printed the following:

There will be a hearing before the Division of Water Supply Staff
representing the Water Quality Control Board of the Department of
Environment and Conservation to hear comments from the public concerning
amendments to the Regulations for Underground Injection Chapter 1200-4-6
pursuant to T.C.A. 69-3-105 et seq. Subparagraph (c) is being added to
Rule 1200-4-6-.10(2) to allow for a variance for deep well injection of
industrial waste into underground sources of drinking waters.  This
public hearing will also be used to solicit response from the public on
the Division's intent of pursuing primary enforcement authority
("primacy") for the Underground Injection Control Program from the
.Environmental Protection Agency. The hearing will be conducted in the
manner prescribed by the Uniform Administrative Procedures Act,
Tennessee Code Annotated Section 4-5-204 and will take place at the
Madison County Agricultural Complex at 309 N. Parkway at Hwy 45 Bypass
in Jackson at 2:00 pm CST on the 9th day of July, 2001; in the
auditorium of the Fleming Training Center located at 202 Blanton Drive
in Murfreesboro at 10:00 am CST on the 17th day of July, 2001; and at
the Knox County Health Department Auditorium, 140 Dameron Avenue, 1:00
pm EST in Knoxville on the 24th day of July, 2001. Written comments will
be considered if received by close of business August 10, 2001. Written
comments should be mailed to the Tennessee Division of Water Supply, 6th
Floor L&C Tower, 401 Church Street, Nashville, TN 37243-1549.

Individuals with disabilities who wish to participate in these
proceedings (to review these filings) should contact the Department of
Environment and Conservation to discuss any auxiliary aids or services
needed to facilitate such participation. Such contact may be made in
person, by writing, telephone, or other means should be made no less
than (10) days prior to the scheduled meeting date (date such party
intends to review such filings), to allow time for the Department to
provide such aid or service. Contact tile ADA Coordinator, 401 Church
Street, 11th Floor L & C Tower, Nashville, TN 37243-0449,
1-888-867-2757.

Hearing impaired callers may use the Tennessee Relay Service
(1-800-848-0298).

For a copy of the entire text of this notice of rulemaking hearing,
contact:

Scotty Sorrells

UIC Coordinator

TN Division of Water Supply

401 Church Street

Nashville, TN

(615) 532-9224

or visit the Departmental website at  HYPERLINK "http://www.tdec.net"
www.tdec.net 

At each public hearing the following was read:

STATEMENT OF THE PRESIDING OFFICER

PUBLIC HEARING

UNDERGROUND INJECTION CONTROL RULES

My name is Scotty Sorrells and I am Assistant Manager for the Ground
Water Management Section in the Division of Water Supply, Department of
Environment and Conservation.  I will be the hearing officer for this
hearing.  The purpose of this hearing is to provide an opportunity for
persons who wish to comment on the rulemaking hearing rules for the
Underground Injection Control Program to do so.  The statutory authority
for this hearing is Tennessee Water Quality Control Act T.C.A. 69-3-101
et. seq., and the Uniform Administrative Procedures Act.

The Rulemaking Procedure is as follows:  Rulemaking Hearing Rules are
drafted and presented to the Water Quality Control Board who authorizes
them to be made available for public hearing, the hearing is held, the
hearing is recorded and summarized, and the record and summary is
presented to the Water Quality Control Board for their consideration. 
The Board may adopt the rules and if they do, the rules are submitted to
the Attorney General to review for legality.  After the Attorney General
approves the rules they are filed with the Secretary of State. 
Seventy-five days later they become effective.

Notice of the hearing was also published in major newspapers across the
state in Knoxville, Memphis, Nashville, Kingsport, Jackson, Johnson City
and Chattanooga and in the Tennessee Administrative Register.  The full
text of the proposed rules was placed on the State’s Web Site.

Everyone who wishes to present testimony will be given the opportunity.
Those attending this hearing are asked to fill out one of the small
cards and indicate whether or not they wish to give testimony.  Lengthy
testimony should be given in writing and summarized if oral testimony is
given.  I am reserving the right to limit testimony from any one person
to a reasonable time in order that everyone that wishes to give
testimony will have an opportunity to do so today.

It is the purpose of this hearing to receive information from you
concerning the specific rules under consideration. I or the staff of the
Division of Water Supply may ask questions to clarify testimony;
however, we are not here to debate issues.  Following the hearing, staff
of the Division will remain here to answer questions that you may have.

Written testimony may also be presented to the Division of Water Supply
at 6th Floor, L&C Tower, 401 Church Street, Nashville, Tennessee
37243-1549 as long as it is received by the close of business August 10,
2001.

The staff of the Division proposes to summarize the comments made at
today’s hearing and will send a copy to each hearing attendee in order
that commenter’s can verify that the essence of their comment is
accurately portrayed.  After this they will be submitted to the Water
Quality Control Board members. 

Tom Moss, Manager of the Ground Water Management Section, will briefly
explain the rules considered at this hearing after which the floor will
be opened for testimony.

(comments by Mr. Moss)

The following comments are related to Tennessee seeking Primacy the
entire public record can be found in the appendix:

July 19, 20 & 26, 2001 Public Hearing

Underground Injection Control

Rule 1200-4-6

NAME	ORGANIZATION	RULE	COMMENT	STAFF RESPONSE

(1)  David H. Alexander 	DuPont White Pigment and Mineral Products
Corporation of America	1200-4-6 General

(oral and written)	(1)(a) First, generally, Dupont would like to
compliment the Division for its foresight in the development and
implementation of a strong UIC program. Dupont strongly supports the
Division in its quest for primacy for this important program.

	(1)(a) The Division thanks Dupont for their support.









(2) Linda Modica	Vice Chair State of Franklin Group Sierra Club
1200-4-6-.10(2)(c)

(oral)	(2) (a) My name is Linda Modica.  I’m the vice chair of the 

State of Franklin group of the Sierra Club.  I am also a homeowner in
Washington Co., TN, and our family uses a well that is approximately 120
feet deep for our drinking water.  We’ve got an 11-year-old daughter,
various pets, and two adults living in the household.  My concern today
is, with the geology of our area being so fractured and karst that, and
also given the fact that, not too long ago in Tellford, which is only
about 2 miles from my house, there was a situation where families,
including some families with children, suffered ill health effects due
to drinking and bathing in their own well water,(in some cases, it was
spring water) that our area may not be amenable to the use of injection
disposal directly into the ground water.  I also brought with me, for
everyone who wishes to take a copy, a copy of a report just recently
published by the United States Geological Survey called “Water Quality
in the Upper Tennessee River Basin.”  And you’ll see in this report,
early on, that the findings of the geologists were that our area, well,
the entire ridge and valley area is an area of the state where the
aquifers can be easily contaminated due to the geology that underlies
this region.  I think that the, I hope that the state will use extreme
caution in our region, that there are still many of us who rely on
ground water for drinking water purposes and there are also some towns
including Erwin and Elizabethon which rely on wells and springs in some
cases, where they provide drinking water to the public.  As you have
your own little set-up there, that shows how in Knox formation the
surface water and the ground water can be connected.  The sinkholes can
easily introduce contaminants to the ground water, and all of us need
clean drinking water.  Living in a part of the county, and many of us
do, where public supplies are not available and won’t be available for
a long time.  We don’t want to have to rely on the town of
Jonesborough or the other cities to have to provide us with safe
drinking water.  We think that the current ground water should be
protected as much as possible.  And to that end, the Sierra Club and
other groups, including water shed watch groups that are being formed
throughout the region with the help of the Tennessee Valley Authority,
are working on projects informing homeowners and farmers and businesses
what they can do to protect the land, to protect the water.  I hope that
the ridge and valley province, following the guidelines that I think the
US Geological Survey very well placed in this report that I’m happy to
give to all of you.  It shows that it would be too risky to the quality
of water in the ridge and valley province to allow injection of any type
of contaminant to the soil.  Thank you.	(2) (a) The Division views your
comment to mean that you are in opposition to the placement of Class I
injection wells in east Tennessee.  It was never the intent of this
Division to allow the placement of Class I wells in any other counties
than those listed in 1200-4-6-.10 (2)(b).  We have modified the language
in the opening paragraph to reflect this change by adding the following
after the word “use” in the second sentence: ”only in those
counties listed in 1200-4-6-.10 (2)(b)”.

The Division also understands your concern in the placement of shallow
injection systems in your area.  

(5) Gwen Griffith	Program Director Tennessee Environmental Council
1200-4-6 general 

(written)	(5)(a)The Tennessee Environmental Council hereby submits
comments on proposed regulations for the UIC program (the Zone
Designation for Class I wells) and the issue of state primacy authority
relative to the EPA.

The purpose of the UIC program is to prevent contamination of
underground sources of drinking water by any type of injection well. 
TEC believes the UIC regulations must always uphold this goal above all
other objectives.

(5)(b) TEC opposes allowing injection of Class I wastes into underground
locations.  It is our understanding that there are no current Class I
injection sites in Tennessee and we believe they should not be allowed
to resume operations.  Class I injections should especially be avoided
anywhere near potential contact with underground sources or potential
underground sources of drinking water.  A significant portion of
Tennessee relies upon underground water for drinking water supply.  All
potential underground water supplies must be strictly protected from
even the slightest chance of contamination from hazardous waste
materials.

(5) (c) We oppose all Class I injection in Tennessee.  However, if this
type of injection is to be allowed in certain designated zones, it is
imperative that the rules allow for absolutely zero possibility of
groundwater contamination by judicious site restrictions and by optimal
operating procedures at the injection sites.  Any amendment (as proposed
to Chapter 1200-4-6 pursuant to T.C.A. 69-3-105 et seq,) that allows a
variance for deep well injection of industrial waste into underground
water sources of any kind should not be promulgated.

If Class I injection sites are to be allowed in designated zones, the
promulgated rules must be absolutely clear about what the allowed zones
are and assure that they are no where near the vital underground water
sands of West Tennessee or the regionally deformed rocks of East
Tennessee.  We suggest wording that clarifies this restriction with
clear language indicating that only the specified counties under
1200-4-6-.10(2)(b) are allowed and this will be strictly enforced.

	(5)(a)  The Division concurs

(5)(b)  TEC is correct in that there are no more Class I wells in
operation in the State.  TEC is also correct in that a significant
portion of Tennessee relies upon underground water for drinking water
supply.  All potential underground water supplies must be protected from
contamination from hazardous waste materials 

(5)(c)  We understand that TEC is opposed to the process of Class I
wells in the state.  The Division has worked to provide the citizens of
the State with the most technologically acceptable approach to the
issues of Class I well placement.  We have also addressed the placement
of the zones in response to comment (2) (a) 







(6)  Frances Lamberts	Natural Resources League of Woman Voters of
Tennessee	1200-4-6-.10(2)(c)

(written)	(6)(h)  The League of Women Voters supports a fee system
adequate to make the UIC program self-supporting.  We would like to see
changes to the structure of the fee system, however.  As now specified
in Sect. 4-6-.15, the fixed fees associated with permit
application/maintenance/changes are high while the variable use cost is
nominal to the point almost of “no fee.”  There is no incentive, we
believe, for a permit holder to be sparing with hazardous waste burial
when doing so costs a mere 50 cents per thousand gallons injected.  With
fixed, permit related fees of at least $7,500 per year (excluding
construction and initial operational permit) a perverse incentive toward
high injection use instead of minimal-injection use is thereby created.

We urge the state to change the fee structure in ways so as to remove
any motivation for excessive waste burial, once the costly permit is in
place, high waste burial not being in the state’s best interest.  In a
similar vein, we would like to see the state provide strong incentives
to municipalities/industries/developers, for stormwater run-off
avoidance and mitigative approaches, rather than stormwater injection.

	(6)(h)  In some areas of the state the only option for stormwater
drainage is through karst systems.  Other areas of the state do not have
adequate sewer or storm sewer systems to all parts of the area to cover
the expanding economic growth and in those areas the only alternative is
subsurface disposal.

The State has set what it feels are adequate fees to supply the working
capitol for the staff of the UIC program in combination with EPA primacy
money to operate in their task of protecting the ground water resources
of the State.









(7) Barry Sulkins	Director Tennessee PEER	1200-4-6-.10(2)(c)

(written)

	(7) (b)  At present the state does not have primary authority or
primacy over the UIC program, and we understand that the regulations
required, including a fee system, are in place to qualify for delegation
of the program.  We support this move that would give the state primacy
and closer oversight.  We are concerned that state UIC positions may go
unfilled, thus undermining the pursuit of primacy.  The fee system was
developed to fund the staff to run the program and allow for primacy,
and if this is not carried out, efforts will have been wasted.  The
present budget concerns should have little or no impact on this matter
as the fees system should provide the state’s portion of the needed
funds.  The state has expended much effort and spent many years
positioning itself to assume primacy for this program and it should not
now be canceled or further delayed.  We feel that Tennessee can do a
better job with an in-state presence, as it is our view that EPA rarely
visits the state and is inconsistent on inspections and enforcement.
(7)(b)  The state appreciates your support

(7)(c) See response (2)(a)

(8) Sandra Barber	Citizen 	1200-4-6 

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wed but there’s nothing saying that any other counties are not
permitted, and if so, why?	(8)(a) The state appreciates your support. 
The fees that are proposed in these regulations will support the UIC
program actions.  The Class I counties are addressed in response (2)(a)



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PROCESS FLOW DIAGRAM

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