Recent droughts across the nation have highlighted the importance of protecting Tennessee’s abundant water resources. Ensuring these resources are safeguarded requires a clear, understandable, and navigable regulatory framework. To help achieve this, the Tennessee Legislature enacted T.C.A. § 69-3-141, which establishes protections for permit applicants under the Water Quality Control Act.

Municipal utilities and public works departments frequently submit Water Quality Control Act permits to the Tennessee Department of Environment and Conservation (TDEC), Division of Water Resources. This typically occurs in three situations:

1. When a municipal construction or utility project impacts public waterways or watersheds.
2. When a municipality requires a stormwater permit under the federal National Pollutant Discharge Elimination System (NPDES) program.
3. When a municipal wastewater treatment plant is renewing or modifying an existing NPDES permit.

Historically, the permitting process has been complex and burdensome.

Permit Applicant Bill of Rights

T.C.A. § 69-3-141 establishes a bill of rights to reduce this burden and guide applicants through the process:

• Right to assistance from TDEC in understanding regulatory and permit requirements.
• Right to know projected fees for application review and how costs will be determined and billed.
• Right to access guidance online, including clearly written policies, opinions, and information explaining the regulatory jurisdiction and requirements.
• Right to timely completeness determinations: The commissioner must notify applicants within 30 days whether an application is complete or if deficiencies exist, barring extraordinary circumstances.
• Right to timely decisions:
  • Aquatic Resource Alteration Permits (ARAPs) must be issued or denied within 90 days.
  • Reissuance of NPDES permits must be issued or denied within 180 days.
  • New or modified NPDES permits must be issued or denied within 365 days.

These protections help balance the Water Quality Control Act’s goal of maintaining unpolluted waters with the rights of permit holders, providing predictability and accountability in the permitting process. For full details, consult T.C.A. § 69-3-141.