Stormwater Permitting For Tennessee Projects

by Burr & Forman
Contact

In Tennessee, permits under the state’s National Pollutant Discharge Elimination System program are required for construction sites and related support activities to avoid pollution from stormwater runoff. Specifically, a General NPDES Permit for Discharges of Stormwater Associated with Construction Activities (“General Permit”) is necessary for all construction activities involving one or more acres of land or that are part of a common plan of development or sale of more than one acre.

To obtain a General Permit, applicants must file a Notice of Intent with the Tennessee Department of Environment and Conservation (“TDEC”) Environmental Field Office. This must include a map of the proposed site and the receiving water or storm sewer, as well as a site-specific Storm Water Pollution Prevention Plan (“SWPPP”) thatdetails the Best Management Practices (“BMPs”) to be used in preventing soil erosion and controlling sediments.  The applicant must commit to implementing maintenance and inspection procedures throughout the construction period and keeping records for the following three (3) years.Notices of Intent are not transferable and new owners must submit a new application.

Once a Notice of Coverage is issued to an applicant, construction activities may commence, but this is NOT an approval of the SWPPP. SWPPP modifications may still be requiredif the proposed BMPs fail to prevent erosion and control sediment.

In preparing a SWPPP, it’s crucial to identify the TDEC classification of the receiving waters. Three classifications of note are: Outstanding, Exceptional and Impaired.

  • Outstanding waters constitute a national resource, such as waters in national and state parksor waters with particular recreational or ecological significance.
  • Exceptional watersinclude those within state or national parks, wildlife refuges, Federal Wild and Scenic Rivers, waters supporting threatened or endangered species and other waters of exceptionalbiologic, ecological or recreational values.
  • Impaired waters are defined as waters not meeting their designated uses and states are required to identify these waters under Section 303(d) of the Clean Water Act.  These waters have one or more properties that violate water quality standards or are expected to exceed water quality standards within two years, and need additional pollution controls.

Water classification dictates the degree of allowed degradation in water quality and protection required by BMPs for the construction project. Moreinformation on classificationmay be found on the TDEC website.

Additional permits may also be required of particular developments, including local or aquatic resource alteration permits.  Five local jurisdictions are now participating in TDECas pilot Qualifying Local Programs (“QLPs”).  For projects located in these QLPs, a single NOI filed at the local level also authorizes construction under the State General Permit.  The TDEC website has more information available and developers are encouraged to consult this resourceas needed.The Tennessee Erosion & Sediment Control Handbook is also a valuable resource, including SWPPP templates for a single-family residence, a medium size residential subdivision and a small commercial site.

There is no substitute for engaging competent, professional legal and technical expertise as early as possible in the development process.  The time and attention devoted to these issues will be reflected in the profits generated by properly designed and maintained construction projects. Please contact one of the Burr & Forman team members for assistance with any questions or concerns you may have.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Burr & Forman | Attorney Advertising

Written by:

Burr & Forman
Contact
more
less

Burr & Forman on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.