3.1 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 

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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.

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PROCESS FLOW DIAGRAM

REGIONAL EFO

Site inEFO area

Applicant preparessupporting documentation

4
REGIONAL EFO

5
STEP # ACTIVITY DATE/INITIAL MANDATED DUE 

DATE

1 Receive application and 

fee

2 Conduct application 

review

3 Conduct site inspection

4 General permit issued

5 Individual permit required:

 Additional information 

received

 Public Hearing

 Additional information 

reviewed

6 Individual permit issued

With conditions and 

requirements for sampling 

and testing

7 Permit denied

Responsible Person Steps

Central Office CO/ 

Geologist/Environme

ntal 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 

3. General authorization can be issued

• Authorization can be issued in the field or from the office

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Specialist • 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

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• 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) 

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(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 

9
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.

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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. 

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DEC FLOW CHART

12
Electronic versions please insert PDF File DEC Flow

13
DWS FLOW CHART

14
Electronic versions please insert PDF File DWS Flow

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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 

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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:

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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

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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 

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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

 

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 

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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 followup 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 NonCompliance.” 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 

During the CRM and in 

no case to exceed 

fifteen (15) days 

subsequent to the CRM

21
document prior to execution, a date 

of return shall be established.

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

22
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

1. 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.

2. 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.

3. 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 

23
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

24
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.

25
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 

26
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.

27
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; 

28
(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 

29
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. 

30
(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.

31
(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

32
(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.

33
(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 

34
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; 

35
(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: 

36
“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: 

(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; 

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 

37
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.

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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.

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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.)

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(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;

41
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

42
(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 

43
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;

44
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 vicepresident of the corporation in charge of a principal business function or any 

other person who performs similar policy or decision making functions for the 

45
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 

46
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.

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(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;

48
(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 

49
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.

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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.

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(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.

52
(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

53
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 

54
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:

55
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;

56
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 

57
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.

58
(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 

59
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

60
(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 

61
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.

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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.

63
(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

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(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.

65
(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.

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(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.)

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(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 

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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;

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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 

70
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 

71
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;

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(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 vicepresident 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:

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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.

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(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 

75
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.

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(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

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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 

78
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:

79
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. 

80
(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 

81
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.

82
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 

83
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

84
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

85
401 Church Street

Nashville, TN

(615) 532-9224

or visit the Departmental website at 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.

86
(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 

(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. 

87
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 

88
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.

(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 

(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 

89
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.

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 selfsupporting. 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 

(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 

90
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.

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 

(7)(b) The state 

appreciates your 

support

(7)(c) See 

response (2)(a)

91
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.

(8) Sandra 

Barber

Citizen 1200-4-6 

(Oral)

(8)(a) My name is 

Sandra Barber. I reside 

at 728 Genesis Lane in 

Knoxville. And this is 

somewhere between a 

question and a

comment. I do support 

whole-heartedly the 

state going for primacy. 

My own concern or 

question I might add—

do you think that the 

state’s budgetary issues 

right now will allow you 

all to.... I am not so 

much involved in the 

permitting, or concerned 

about the permitting, but 

the enforcement. 

Having had personal 

experience with 

classified wells, I am 

very concerned about 

the level of 

enforcement. Will there 

be an adequate 

presence to allow 

enforcement of the 

existing regulations and 

the new regulations? 

And I do have a 

question, back to the 

Class I, of the counties 

that are allowed to have 

Class I wells. In 

reading the list of 

counties, is there 

anything there 

excluding all the 

remaining counties, in 

that right now these 

counties are allowed 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)

92