Sorry for the late notice, I just received this info last night. But there's still time to call for a public hearing by residents of Greenback. Call the phone number above ASAP if the community wants a public hearing.

Tri County Crushed Stone, LLC’s NPDES Permit

Tri County Crushed Stone, LLC (“TCCS”) has applied for a NPDES permit. On September 14, 2023, TDEC tentatively approved the permit, and as such, TDEC issued a Draft NPDES Permit. Now, such application is subject to a 30-day public comment period until Saturday, October 14, 2023.

At this time, there has been no request for public hearing. Therefore, in order to garner support to stop the approval of this permit process, there likely needs to be a coordinated effort to submit written comments to the TDEC advocating against the approval of this permit and requesting a formal public hearing.

Below is state law pertaining to a hearing.

Under Tennessee law, persons engaging in any of the following activities must first be issued a permit from the Tennessee Department of Environment and Conservation (“TDEC”):

(1) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state;

(2) The construction, installation, modification, or operation of any treatment works, or part thereof, or any extension or addition thereto;

(3) The increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit;

(4) The development of a natural resource or the construction, installation, or operation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state in any manner not already lawfully authorized;

(5) The construction or use of any new outlet for the discharge of any wastes into the waters of the state;

(6) The discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters;

(7)(A) The construction, installation, or operation of a liquid waste management system supporting an animal feeding operation that stables or confines as many as, or more than, the numbers of animals specified by federal law defining a large concentrated animal feeding operation;

(B) A state operating permit issued pursuant to this subdivision (b)(7) shall be enforceable only in regards to submission and maintenance of a current approved nutrient management plan;

(C) Animal feeding operations that are not required under this subdivision (b)(7) to have a permit may apply for and be issued a state operating permit. An animal feeding operation issued a state operating permit pursuant to this subdivision (b)(7) is required to conduct such operations in accordance with the permit;

(8) The discharge of sewage, industrial wastes, or other wastes into a well or a location where it is likely that the discharged substance will move into a well, or the underground placement of fluids and other substances that do or may affect the waters of the state;

(9) The diversion of water through a flume for the purpose of generation of electric power by a utility; or

(10)(A) Animal feeding operations that are required under the federal Clean Water Act (33 U.S.C. § 1251 et seq.), to have a permit for concentrated animal feeding operations. Such operations must be conducted in accordance with the conditions of a valid national pollutant discharge elimination system (NPDES) permit;

(B) Animal feeding operations that are not required under the federal Clean Water Act to have a permit for concentrated animal feeding operations may apply for and, if eligible under federal law, be issued a NPDES permit. An animal feeding operation issued a NPDES permit pursuant to this subdivision (b)(10)(B) is required to conduct such operations in accordance with the permit.

Tenn. Code Ann. §§ 69-3-108(b); Tenn. Comp. R. & Regs. 0400-40-05-.05. To obtain a permit, the person must file an application with TDEC. Tenn. Comp. R. & Regs. 0400-40-05-.05.

However, TDEC shall not issue a permit under any circumstance “for an activity that would cause a condition of pollution either by itself or in combination with others.” Tenn. Code Ann. § 69-3-108(g)(2). TDEC has specifically prohibited permits for the following activities:

(1) The discharge of any radiological, chemical, or biological warfare agent;

 (2) The discharge of radioactive waste into waters (though this does not prohibit radioactivity from authorized discharges provided such discharge is in accordance with state water quality standards);

 (3) Any discharge that the Secretary of the Army, acting through the chief of engineers, finds would substantially impair anchorage and navigation;

 (4) Any discharge to which the Regional Administrator has objected in writing in a timely fashion according to Section 402(d)(2) of the federal CWA;

 (5) Any discharge from a source with effluent limitations less stringent than those included in an approved area-wide waste treatment management plan;

 (6) When the conditions of the permit do not provide for compliance with the applicable requirements of either the federal CWA or the Act; or

 (7) To a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards.

Tenn. Comp. R. & Regs. 0400-40-05-.04.

          Furthermore, TDEC has the authority to revoke, suspend, or modify any permit for cause, which includes:

(1) Violation of any terms or conditions of the permit or of any provision of [the applicable TDEC regulations];

(2) Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or

(3) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

Tenn. Code Ann. § 69-3-108.

          As for the application for a permit, Tenn. Comp. R. & Regs. 0400-40-05-.05 sets forth such requirements and procedure. For purposes of this memorandum, the details of these requirements and procedure will not be discussed. However, it is important to note that if an applicant is “proposing a new or increased discharge of pollutants to surface waters[, the applicant] shall include in the application a consideration of alternatives, including, but not limited to, land application, beneficial reuse of the wastewater, and, for proposed increased discharges, reduction of inflow and infiltration.” Tenn. Comp. R. & Regs. 0400-40-05-.05.

Moreover, upon submitting its application, the applicant must notify the public of such application by posting a sign near the point of entrance to the facility at issue. Tenn. Comp. R. & Regs. 0400-40-05-.06. The sign must be within view of a public road, contain provisions as specified by TDEC, be large enough to be clearly visible from the public road, and remain for at least 30 days following submission of the application. Id. 

TDEC will conduct an initial review of the application and make a “tentative determination” of whether to issue the permit. If TDEC tentatively determines it will issue the permit, then it prepares a draft permit, which includes proposed effluent limitations, a proposed schedule of compliance (with interim dates and requirements), a brief description of any other proposed conditions, and a rationale for reaching its tentative determination. Id. 

TDEC shall consider the following when determining whether to issue a permit, which shall be included in its rationale as appropriate:

(a) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;

(b) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and relevant facts or data;

(c) Reasons why any requested variances or alternatives to required standards do or do not appear justified;

(d) The location of the discharge or activity described in the application;

(e) A quantitative and qualitative description of the discharge described in the application, which includes at least the following:

1. The rate or frequency of the proposed discharge; if the discharge is continuous, the average and maximum daily flow in gallons per day or million gallons per day;

2. For thermal discharges subject to limitation, the average and maximum summer and winter temperature;

3. The average and maximum daily discharge in pounds per day and/or concentrations in units of mass per volume of any pollutants which are present in significant quantities or which are subject to limitations or prohibition under the provisions of T.C.A. Title 69, Chapter 3, Part 1 or this rule; and

4. Other parameters for which control may be required by the Commissioner;

(f) Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions including a citation to the applicable effluent limitation guideline, performance standard, reasons why they are applicable, or an explanation of how the alternate effluent limitations were developed;

(g) Identification of outfalls, pollutants, and the amount of pollutants disclosed by the permit applicant and within the Department's reasonable contemplation;

(h) When the draft permit contains any of the following conditions, an explanation of the reasons why such conditions are applicable:

1. Technology-based limitations to control toxic pollutants;

2. Limitations on internal waste streams;

3. Limitations on indicator pollutants; or

4. Limitations set on a case-by-case basis;

(i) The tentative determination regarding the discharge;

(j) A brief citation, including a brief identification of the uses for which the receiving waters have been classified, of the water quality standards and effluent standards and limitations applied to the proposed discharge;

(k) A fuller description of the procedures for the formulation of final determinations than that given in the public notice including:

1. The beginning and ending dates of the 30-day comment period required by this rule; 

2. The address where comments will be received;

3. Procedures for requesting a public hearing and the nature thereof; and

4. Any other procedures by which the public may participate in the formulation of the final determinations;

(l) Name and telephone number of a person to contact for additional information.Id.

          Once the TDEC has determined whether the NPDES permit application has been tentatively approved or denied, and a draft permit has been prepared if approved, it must notify the public by publishing notice in the local newspapers and mailing a copy of such notice to the following persons:

1. The applicant;

2. Any other agency that the Director knows has issued, or is required to issue other permits for the same facility or activity;

3. Federal and state agencies with jurisdiction over fish and wildlife resources and historic preservation;

4. Any affected states and Indian Tribes;

5. Any state agency responsible for plan development under CWA section 208(b)(2), 208(b)(4) or 303(e), the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service;

6. Any user identified in the permit application of a privately owned treatment works;

7. Persons on a mailing list developed by:

(i) Including those who request in writing to be on the list;

(ii) Soliciting persons for “area lists” from participants in past permit proceedings in that area; and

(iii) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, newsletters, environmental bulletins, or state law journals. The Commissioner may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Commissioner may delete from the list the name of any person who fails to respond to such a request;

8. To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

9. To each state agency having any authority under state law with respect to the construction or operation of such facility[.]

Id. Public notice of the preparation of a draft permit or the intent to deny a permit application shall allow at least 30 days for public comment. Id. “Interested persons may submit written comments on the tentative determinations within either 30 days of public notice or such greater period as [TDEC] allows in writing.” During such timeframe, interested persons may also make a written request that TDEC hold a public hearing on the application. Id. If there is a significant public interest in having a hearing, TDEC shall hold a hearing in the geographical area of the proposed discharge. Id. If there is any doubt as to whether a hearing should be held, TDEC should side in favor of holding a hearing. Id.

If TDEC determines that it will hold a hearing, it must follow specific requirements for providing notice of such hearing. Id. Specifically, the regulations require that TDEC send notice “to all persons who received a copy of the notice or rationale for the application, any person who submitted comments on the draft permit action, all persons who requested the public hearing, and any person who specifically requests a copy of the notice of hearing.” Id.

Once TDEC reaches a final decision regarding the permit, it is also required to provide public notice of the final permit decision by posting a notice on its website, including a copy of the final permit. Id.