### DELEGATION OF COMMISSIONER’S AUTHORITY July 2001

INDEX

Safe Dams Program Delegation and Matrix – page 2 Safe Drinking Water Program Delegation and Matrix – page 6 Water Environmental Health Program Delegation and Matrix – page 20 Water Well Program Delegation and Matrix – page 25 Underground Injection Control Program Delegation and Matrix – page 30DELEGATION OF COMMISSIONER’S AUTHORITY
UNDER
THE SAFE DAMS ACT OF 1973

Purpose

The Division of W a ter Supply (DW S ) is respons ible for regulating dam s , together with appurtenant works, which do or m a y im pound or divert water, within the State of Tennessee. Regulated dam s are or will be twenty (20) f eet or m o re in height f o rm the natural bed of the

stream or water course or have or will have an im pounding capacity at m a xim u m water storage elevation of thirty (30) acre-feet or m o re. Farm ponds, which are utilized only by the owner or occupant and not available to the general public, are not regulated under th is Act. The DW S has been, and continues to be, responsible for regul ating dam s , together with appurtenant works, which do or m a y im pound or divert water, within the State of Tennessee. The DW S proposed and was granted authority to issue “Director’s Or ders” for certain violations of the Safe Dam s Act of 1973 (the Act) on June 18, 1997. The Divi sion has utilized this authority with success and it rem a ins a very effective and efficient enforcem ent m echanism

. However, the Division is continually seeking the m o st efficient and effective m eans of assuring that dam s , their appurtenant works and the reservoirs im pounded by regulated dam s are safe for use by the citizens of the State of Tennessee. Consequentl y, the Division has identified additional areas of

non-com p liance which can be addressed utilizing Director’s Orders.

Facts and Proposal

The focus of the Safe Dam s Act of 1973 is to sa feguard the public by reducing the risk of failure of dam s through: orderly inventory and insp ection of existing dam s in Tennessee; preconstruction review and approval of all proposed dam construction and alteration of dam s ; and a

program of regular inspections of dam s within the State. Thus, the rules utilized to regulate dam s are by necessity preventative in nature. Consequently, im m e diate enforcem ent action is often necessary to alleviate any deficiency in the operation, construction or alteration of a dam

.

In order to increase the ef f ectiveness of this en f o rcem ent m echanism as a deterrent to illegal or unlawf u l activity and in keeping with the preventive nature of the regulations, the Division proposes to am end the current delegation of Com m i ssioner’s authority to include additional construction and m a intenance deficiencies. The proposed authorization consists of construction of a dam without a perm it, operation of a dam without a certificate of approval and safety, alteration of a dam without an alteration certificate, failure to m a intain slope protection, failure

to m a ke application as required by TCA Sec tions 69-12-105 through 69-12-109, failure to have a qualified engineer to adequately supervise constr uction or alteration of a dam ; and, failure to

com p ly with condition(s) of a cer tificate of Approval and Safety. The number of violations
cited in a Director’s Order shall be tallied or computed identically to how they w o uld be numbered or tallied in a Commissioner’s Order, ev en though several violations might come under one category, each shall constitute a sepa rate violation. Each and every compliance

July, 2001 Delegation 2report requirement shall constitute a separate vi olation. In addition, each and every day a violation occurs shall constitute a separate violation.

In order to effectively and efficiently adm i nister this Act and regulations, the DW S subm its this proposal to enable the Division to address a large num ber of sim ilar cases in an efficient m a nner. This system will allow enf o rcem ent to be m o re tim ely, which m a kes it m o re ef f ective. In the event the violation(s) is (are) not abated or new violations are encountered and after
consultation w i th OGC, DWS shall pursue a ppropriate additional enforcement action, administrative or judicial.

Procedure

The Division does not propose to change the issuance procedure which was acceptable and approved in the previous delegation. The DW S proposes to continue to issue “Director’s Orders” for violations of the Act as set fort h in this proposal. Such violations include: constructing a dam without a construction certifi cate; operating a dam without a certificate of approval and safety; alteration of a dam without an alteration certificate; failure to m a intain slope protection; and, failure to file an application for certificate within thirty ( 30) days of notification to so file. In addition, new vi olations would be included as follows: failure to have a qualified engineer to adequately oversee construction or a lteration of a dam ; and, failure to com p ly with condition(s) of a Certif icate of Approval and Saf e ty. The Director’s Orders will be signed by the Division Director and m a iled, by certified m a il, to the offending party.

The procedure to be followed under this delegation is as follows:

1. The Division will discover the violation and inspect the dam as necessary;

2. The Division will prepare a Notice of Violati on notif ying the of f e nder of the violation(s) and set a schedule for com p liance if applicable.

3. Upon obtaining docum entation of the violati on (through an inspection or by confirm a tion
of

the records in the central of f i ce or both) , DW S will prepare the Director’s Order and

m a il the docum ent by certif ied m a il; and

4. Prior to issuance, the Director’s Order and supporting docum entation will be reviewed by the Division Enforcem ent Chief and the Director.

5. The Director’s Order m a y, dependent upon th e circum stances, contain corrective actions which m u st be accom p lished in order for com p liance to be achieved.

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

Activity/Violation P e n a l t y

July, 2001 Delegation 3Construction of a dam w i thout
a Construction Certificate $1,500

Operation of a dam w i thout a Certificate of Approval and Safety

(a) Low Hazard Dam $ 400

(b) Significant Hazard Dam $ 600

(c) High Hazard Dam $1,000

Alteration of a dam w i thout an Alteration
Certificate

(a) Low Hazard Dam $ 400

(b) Significant Hazard Dam $ 600

(c) High Hazard Dam $1,000

Failure to maintain slope protection – Inappropriate vegetation

(a) Low Hazard Dam $ 200

(b) Significant Hazard Dam $ 400

(c) High Hazard Dam $ 800

Failure to comply w i th the requirements for filing and obtaining a certificate of approval
under T.C.A. Sections 69-12-105 – 69-12-109 (including failure to meet filing deadlines, failure to provide required information, failure to notify change in ow nership)

(a) Low Hazard Dam $ 100

(b) Significant Hazard Dam $ 200

July, 2001 Delegation 4(c) High Hazard Dam $ 300

Failure to have a qualified engineer adequately
oversee construction or alteration of a dam

(a) Low Hazard Dam $ 500

(b) Significant Hazard Dam $1,000

(c) High Hazard Dam $1,500

Failure to comply w i th condition(s) of a Certificate of Approval and Safety

(a) Low Hazard Dam $ 200

(b) Significant Hazard Dam $ 400

(c) High Hazard Dam $ 800

It is the intent of the Division that this enf o r cem ent m echanism be swift, cover a short period and

a sm all num ber of violations, and consequently w ill result in relatively sm all civil penalties. In the event the violation is not abated, then the failu re to com p ly with the Director’s Order, as well as any continuing or new violations since its issuance, m a y be the subject of additional
enforcem ent action, either adm i nistrative or judicial.

Contingent Penalties Based on Corrective Actions

Further, the Division of W a ter S upply is given authority to issue Director' s Orders that include "corrective action." The scope of corrective acti on item s addressed in a Director' s Order shall include all violations which are addressed by th is delegation. The DW S 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 com p ly with the specif i ed corrective actions shall result in contingent penalties whic h are twice (2x) the penalties assessed in the
af

orem entioned paragraphs. The contingent pe nalties shall be due if there is not tim ely

com p liance with the specified corrective action.

July, 2001 Delegation 5DELEGATION OF COMMISSIONER’S AUTHORITY
UNDER
THE TENNESSEE SAFE DRINKING WATER ACT OF 1983

Purpose

The Division of W a ter Supply (DW S ) is res ponsible for regulating public water supplies operating within the State of Tennessee. As stated in the Saf e Drinking W a ter Act, waters of the state are held in public trust f o r the benef it of its citizens who are beneficiaries of this trust and have a right to both an adequate quantity and quality of drinking water. Due to the m o ral responsibility to the public, m a ndates of the Act and com m itm ents m a de to the Environm ental Protection Agency, the Division continually s eeks the m o st efficient and effective m eans available of assuring a safe water supply for citizen s of Tennessee. This proposal is an effort to

stream line the current enforcem ent m echanism a nd to provide for firm , fair, consistent and
tim ely enforcem ent of the Rules which govern pub lic water system s and their operation in the
State.

Facts

The rules used to regulate public water supplies and the m onitoring required by such rules are preventative in nature. The Act recognizes that the people of the state have a right to both an adequate quantity and quality of drinking water. Theref ore, the f o cus of the Act and the regulations is to assure that the consum er has safe drinking water. Thus, im m e diate enforcem ent action is an appropriate tool to address and cure any defects in the operation and m a intenance of public water system s, especially defects or failures involving water quality m onitoring. Violations involving m onitoring failures or lack of a certified operator are of heightened
im portance due to the fact that these are the ve ry basis which would indicate a safe or unsafe water supply.

The DW S currently regulates approxim a tely one thousand two hundred (1,200) public water system s. This m e thod of enforcem ent action woul d allow the DW S to effectively adm i nister the Act and regulations by enabling the Division to handle a large num ber of sim ilar cases with greater efficiency than currently possible. This m e thod will also enable enforcem ent action to be

m o re tim ely, which tends to m a ke it m o re effective and serve as a greater deterrent to noncom p liant activity.

Proposal

The DW S proposes to issue “Director’s Orders” fo r violations of the Act as set forth on the following pages of this proposal. Such violations include failure to m onitor for bacteriological

contam ination, failure to m onitor for nitrate/n itrite, failure to conduct turbidity m onitoring or chlorine residual m onitoring, failure to m onitor for any chem ical param e ter, failure to m onitor for lead and copper, failure to report a required m easurem ent or serious event, exceeding an

July, 2001 Delegation 6MCL or failing a treatm e nt technique, failure to perform CCR, failure to provide public notification of m onitoring or MCL violations, failu re to provide public education for lead, failure to secure and/or retain a Certif ied Operator f o r the water system , f a ilure to im plem ent an optim al corrosion control recom m e ndation, failure to have a current Em ergency Operations Plan (EOP)
or W e llhead Protection Plan, failure to have a bacteriological site sam p ling plan, f a ilure to

m a intain adequate water pressure, f a ilure to m on itor water quality param e ters and f a ilure to have a operator in attendance at a filtration plant, failure to subm it or undertaking construction without approved plans, deviating from plans, fa iling to notify the Departm e nt prior to placing a facility into service, a cross connection program failure, failure to inspect a tank as required,
failure to m a intain flushing records, and failu re to m a intain required in-house records. The
number of violations cited in a Director’s Ord er shall be tallied or co mputed identically to
how they are numbered or tallied in a Co mmissioner’s Order, even though several violations (e.g. turbidity and chlorine) a re categoriz ed under one category, each shall constitute a separate violation. Each a nd every due compliance report (w hether they are monthly, quarterly, or annual) shall constitute a separate violation. Each and every monitoring parameter or record entry (w hether required every hour, for a 4 hour segment, daily, monthly, quarterly, or annually) shall be a separate violation. Where applicable each and every day a violation occurs shall constitute a separate violation. The Director’s Orders will be signed by the Division Director and m a iled, via certif ied m a il, to the of f e nding party.

The procedure to be followed under this delegation is as follows:

1. The Division will discover the violation;

2. The Division will docum ent the violation either through an inspection or by confirm a tion of records and sam p le data in the central office or both;

3. (A) The Division will prepare a Notice of Violation notif ying the of f e nder of the violation and notifying him / her that if an a dditional violation of the sam e nature is incurred within the f o llowing twelve (12) m onths enf o rcem ent action will occur and will include civil penalties. (B) In the event that the violation di scovered involves failure to have a certified operator, the Division will prepare a Notice of Violation notif ying the of f e nder of the violation and conveying a com p liance schedule a llowing forty-five (45) days in which to secure the services of a certified operator. (C) In the event that the violation involve s failure to provide public education or public notification, the system will be given thirty ( 30) days from the date of the NOV to carry out the notification. Failure to com p ly will re sult in the issuance of a Director’s Order.

4. Upon confirm a tion, through docum entation, that a second violation has occurred or a

com p liance schedule has not been m e t, the Division’s enf o rcem ent section will prepare the Director’s Order and m a il the docum ent by certified m a il to the offender; and

5. Prior to the issuance, the Director’s Order and supporting docum entation will be reviewed by the Division Enforcem ent C oordinator and the Division Director.

July, 2001 Delegation 76. The Director’s Order m a y, dependent upon th e circum stances, contain corrective actions which m u st be accom p lished in order for com p liance to be achieved.

It is the intent of the Division that this enf o r cem ent m echanism be swift, cover a short period and

a sm all num ber of violations, and consequently will result in relatively sm all civil penalties. In the event the violation(s) is (are) not abated or new violations are encountered and after
consultation w i th OGC, DWS shall pursue a ppropriate additional enforcement action, administrative or judicial.

Civil Penalties will be assessed on all such Com m i ssioner delegated Orders in accordance with the following schedule:

Bacteriological Monitoring Failure (including Routine m onitoring, Repeat m onitoring, Elevated Routine m onitoring and Repair/Construction Related m onitoring)

Non-Com m unity W a ter System s

Wa t e r S y s t e m P e n a l t y

1. Churches or other non-profit organizations $ 100
or associations
2. All other non-com m unity water system s (except surface source) $ 150
3. All other non-com m unity water system s (surface water source) $ 200

Com m unity W a ter System s

Population served P e n a l t y

25 - 500 $ 200
501 - 3,300 $ 300 3,301 - 10,000 $ 400 10,001 - 50,000 $ 500 50,001 - 100,000 $ 600 greater than 100,000 $ 700

Nitrate/Nitrite Monitoring Failure (also a Chemical Monitoring Failure, see below )

July, 2001 Delegation 8Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 200
101 - 3,300 $ 400 3,301 - 10,000 $ 700 10,001 - 50,000 $1,000 50,001 - 100,000 $1,500 100,001 or greater $2,000

Turbidity Monitoring and Chlorine Residual Monitoring Failure (including a failure to have

m onitoring turbidim eters calibrated according to prescribed m a nufacturer’s recom m e ndations and set on correct scale)

Population served P e n a l t y

slow sand filtration system s, 1.0 m i cron filter system s or system s serving a population $ 100
of 100 or less
101 – 500 $ 300 501 – 3,300 $ 650 3,301 – 10,000 $1,200 10,001 – 100,000 $2,000 greater than 100,000 $3,000

Chemical Monitoring Failure (these include individual Prim ary Chem icals, Secondary Chem icals, Nitrates, Sodium , Trihalom et hanes, individual SOCs, individual VOCs, Radionuclides, Fluoride, etc.)

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 200 101 - 3,300 $ 400 3,301 - 10,000 $ 700 10,001 - 50,000 $1,000 50,001 - 100,000 $1,500 100,001 or greater $2,000

Lead and/or Copper Monitoring Failure

July, 2001 Delegation 9Population served P e n a l t y

100 or less $ 200
101 - 500 $ 400
501 - 3,300 $ 700 3,301 - 10,000 $1,000 10,001 - 100,000 $1,500 greater than 100,000 $2,000

Failure to Report (CT calculations, test m easurem ents, f a ilure to report m onitoring f o r a
param e ter, each analysis of a param e ter, public notification, report an equipm ent failure, serious loss of water service, an im m i nent endangerm ent, or an acute violation as required by rule)

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 100
101 – 3,300 $ 300 3,301 – 10,000 $ 650 10,001 – 50,000 $1,200 50,001 – 100,000 $2,000 100,001 or greater $3,000

Exceeding Maximum Contaminant Level (including Action Levels and Treatm e nt Technique Violations)

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

slow sand filtration system s, 1.0 m i cron filter system s or system s serving a population of 100 or less $ 100
101 – 500 $ 300
501 – 3,300 $ 650 3,301 – 10,000 $1,200 10,001 – 100,000 $2,000 greater than 100,000 $3,000

Public Notification and/or Public Education Failure (including failure to give in a tim ely

m a nner and/or form and with appropriate language as required by rule)

Non-Com m unity W a ter System s

July, 2001 Delegation 10Wa t e r S y s t e m P e n a l t y

1. Churches and non-profit organizations $ 100
2. All other non-com m unity water system s (except surface water source) $ 150
3. Non-transient non-com m unity system s (surface water source) $ 200

Com m unity W a ter System s

Population served P e n a l t y

25 - 500 $ 200
501 - 3,300 $ 300 3,301 - 10,000 $ 500 10,001 - 50,000 $1,000 50,001 - 100,00 $1,500 100,001 or greater $2,000

Failure to Monitor for or Meet Water Quality Parameters (includes 1200-5-1-.33(3)(f) and (g) and 1200-5-1-.33(8))

Population served P e n a l t y

100 or less $ 100
101 - 500 $ 200
501 - 3,300 $ 300 3,301 - 10,000 $ 500 10,001 - 100,000 $ 800 greater than 100,000 $1,200

Failure to Implement or Follow Optimal Co rrosion Control Recommendation (includes 1200-5-1-.33(3)(f) and (g))

Population served P e n a l t y

100 or less $ 100
101 - 500 $ 200
501 - 3,300 $ 300 3,301 - 10,000 $ 500 10,001 - 100,000 $ 800 greater than 100,000 $1,200

July, 2001 Delegation 11Emergency Operation Plan Failure or Wellhead Protection Plan Failure (includes no plan, plan out-of-date, etc.)

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 300
101 – 500 $ 600
501 – 3,300 $1,000 3,301 – 10,000 $1,500 10,001 – 100,000 $3,000 greater than 100,000 $5,000

Bacteriological Site Sampling Plan Failure

Population served P e n a l t y

100 or less $ 300
101 - 500 $ 600
501 - 3,300 $1,000 3,301 - 10,000 $1,500 10,001 - 100,000 $3,000 greater than 100,000 $5,000

Inadequate Water Pressure

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 300
101 – 500 $ 500
501 – 1,000 $ 900 1,001 – 3,300 $1,500 3,301 – 10,000 $3,000 10,001 – 100,000 $4,000 greater than 100,000 $5,000 Failure to Retain Certified Operator

Wa t e r S y s t e m P e n a l t y

1. Non-Com m unity (except with surface source) $ 300
2. Non-Com m unity (surface source) $ 750

July, 2001 Delegation 123. Com m unity water system with population of 3,300 or less $ 750
4. Com m unity water system s with population of 3,301 to 33,000 individuals $1,000
5. Com m unity water system s with population of 33,001 to 100,000 individuals $1,500
6. Com m unity water system s with population of 100,001 or greater individuals $2,000

Failure to Have an Operator in Attendance at a Filtration Plant (per 1200-5-1-.17(1))

Wa t e r S y s t e m P e n a l t y

1. Non-Com m unity water system s $ 300
2. Com m unity water system s serving a population
of 3,300 or less $ 750
3. Com m unity water system s with population of 3,301 to 33,000 individuals $1,000
4. Com m unity water system s with population of 33,001 to 100,000 individuals $1,500
5. Com m unity water system s with population of 100,001 or greater individuals $2,000

CWS Construction w i thout Approved Plans, Deviation from Plans, and Placing a CWS treatment facility into service w i thout an inspection and approval.

Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 300
101 – 500 $ 600
501 – 3,300 $1,000 3,301 – 10,000 $1,500 10,001 – 100,000 $3,000 greater than 100,000 $5,000 Other Plans and Specifications Failures (includes NCW S Constr uction without Approved Plans, Placing a NCW S facility into service w ithout approved plans, CW S construction without Approved Plans On-site, and Making process changes to a CW S without approval, etc.)

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

July, 2001 Delegation 13100 or less $ 300
101 – 500 $ 600
501 – 3,300 $1,000 3,301 – 10,000 $1,500 10,001 – 100,000 $3,000 greater than 100,000 $5,000

Placing a new PWS into Operation (CWSs a nd NCWSs) w i thout notifying the DWS prior to placing the system into operation and receiving approval by the department.

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 300
101 – 500 $ 600
501 – 3,300 $1,000 3,301 – 10,000 $1,500 10,001 – 100,000 $3,000 greater than 100,000 $5,000

New System Capacity Development Plan Failure (including any one of its com ponents: Business Plan, Organization Char t, Operation and Maintenance Plan, Em ergency Operations Plan (EOP), and Bacteriological Sam p ling Plan).

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 300
101 – 500 $ 600
501 – 3,300 $1,000 3,301 – 10,000 $1,500 10,001 – 100,000 $3,000 greater than 100,000 $5,000 Cross Connection Program Failure (including failure to have a Cross Connection Plan, Ordinance, Corresponding Program Im plem entation, and cross connection inspection records)

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 300

July, 2001 Delegation 14101 – 500 $ 600
501 – 3,300 $1,000 3,301 – 10,000 $1,500 10,001 – 100,000 $3,000 greater than 100,000 $5,000

Failure to Perform Consumer Confidence Report (including NOT in a form as specified by rule)

Population served P e n a l t y

100 or less $ 300
101 – 500 $ 600
501 – 3,300 $1,000 3,301 – 10,000 $2,000 10,001 – 100,000 $3,000 greater than 100,000 $5,000

Failure to Report and/or Certify Consumer Confidence Report

Population served P e n a l t y

100 or less $ 300
101 – 3,300 $ 600 3,301 – 10,000 $1,000 10,001 – 50,000 $2,000 50,001 – 100,000 $3,000 100,001 or greater $5,000

Tank Inspection Failure (tank without an inspection within past five years)

Population served P e n a l t y

100 or less $ 100
101 - 500 $ 300
501 - 3,300 $ 500 3,301 - 10,000 $ 750 10,001 - 100,000 $1,000 greater than 100,000 $2,000

Failure to Maintain Adequate Storage (24 hours of distribution storage based on average daily dem a nd of past 12 m onths)

July, 2001 Delegation 15Population served P e n a l t y

100 or less $ 100
101 - 500 $ 300
501 - 3,300 $ 500 3,301 - 10,000 $ 750 10,001 - 100,000 $1,000 greater than 100,000 $2,000

Flushing Records Failure (including Flushing Records param e ter data, i.e. beginning and ending chlorine residual, dates and tim es flushed, etc.)

Population served P e n a l t y

100 or less $ 100
101 - 500 $ 300
501 - 3,300 $ 600 3,301 - 10,000 $1,200 10,001 - 100,000 $2,000 greater than 100,000 $3,000

Failure to Flush and Disinfect New l y Constr ucted or Repaired Water Distribution Lines (i.e. failure to follow AW W A Procedures per 1200-5-1-.17(8) and failure to m a intain a m i nim u m chlorine residual throughout distribution system )

Population served P e n a l t y

100 or less $ 100
101 - 500 $ 300
501 - 3,300 $ 600 3,301 - 10,000 $1,200 10,001 - 100,000 $2,000 greater than 100,000 $3,000 Recordkeeping Failure (i.e. Fa ilure to Maintain Required Monitoring and other “Inhouse” Records , including m i crobiological results, chem ical m onitoring results, public notification/education notices, violations, record s of actions to correct violations, turbidity

m onitoring, copies of sanitary surveys and corre spondence concerning sanitary surveys, turbidity calibration records, strip charts, laboratory test records, com p laint log with f o llow-up inform ation, tank records, O&M plan, EOP, daily worksheets, etc.). Does not include crossconnection and flushing records.

Population served P e n a l t y

July, 2001 Delegation 16100 or less $ 100
101 - 500 $ 300
501 - 3,300 $ 600 3,301 - 10,000 $1,200 10,001 - 100,000 $2,000 greater than 100,000 $3,000

Failure to a CWS serving 50 connections or more to Maintain and Operate Duplicate Disinfection Equipment or the Failure to Main tain an Alarm w i th an Automatic Shut-off System (per 1200-5-1-.17(11))

Population served P e n a l t y

100 or less $ 100
101 - 500 $ 300
501 - 3,300 $ 500 3,301 - 10,000 $ 700 10,001 - 100,000 $ 900 greater than 100,000 $1,200

Failure to have blow -offs on dead-end lines or other low points in w a ter mains suitable for flushing (1200-5-1-.17(23))

Population served P e n a l t y

100 or less $ 100
101 - 500 $ 300
501 - 3,300 $ 500 3,301 - 10,000 $ 700 10,001 - 100,000 $ 900 greater than 100,000 $1,200

Failure of a CWS serving 50 connections or more to Install Duplicate Pumps (per 1200-5-1- .17(13))

Population served P e n a l t y

100 or less $ 100
101 - 500 $ 300
501 - 3,300 $ 500 3,301 - 10,000 $ 700 10,001 - 100,000 $ 900 greater than 100,000 $1,200

July, 2001 Delegation 17Failure to maintain equipment cri tical to the treatment process or production of w a ter. Equipm ent considered critical shall include, but not be lim ited to the f o llowing: chem ical
f eeders, m i xers, f l occulators, f ilter m e dia, head gauges, laboratory equipm ent including turbidim eters, pum ps, rate of f

l ow controllers, alarm system s, settlers, air and chem ical tanks.

Com m unity and Non-Com m unity W a ter System s

Population served P e n a l t y

100 or less $ 300
101 – 500 $ 600
501 – 3,300 $1,000 3,301 – 10,000 $1,500 10,001 – 100,000 $3,000 greater than 100,000 $5,000

It is the intent of the Division that this enf o r cem ent m echanism be swift, cover a short period and

a sm all num ber of violations, and consequently w ill result in relatively sm all civil penalties. In the event the violation is not abated, then the failu re to com p ly with the Director’s Order, as well as any continuing or new violations since its issuance, m a y be the subject of additional
enforcem ent action, either adm i nistrative or judicial.

Contingent Penalties Based on Corrective Actions

Further, the Division of W a ter S upply is given authority to issue Director' s Orders that include "corrective action." The scope of corrective acti on item s addressed in a Director' s Order shall include all violations which are addressed by th is delegation. The DW S 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 com p ly with the specif i ed corrective actions shall result in contingent penalties whic h are twice (2x) the penalties assessed in the
af

orem entioned paragraphs. The contingent pe nalties shall be due if there is not tim ely

com p liance with the specified corrective action.

July, 2001 Delegation 18DELEGATION OF COMMISSIONER’S AUTHORITY
UNDER
THE WATER ENVIRONMENTAL HEALTH ACT

Purpose

In addition to regulating Public W a ter Supply Sy stem s, the Division of W a ter Supply (DW S ) is responsible for regulating Certified Operators which oversee, supervise and/or operate such public water system s. All public water system s ar e classified with regard to the size, type, physical conditions affecting the system , and acco rding to the skill, knowledge and experience that an operator m u st possess to successfully s upervise the operation of the system so as to protect the public health. Operators are certified in accordance with their education, qualifications and experience to successfully supervise the operation of water supply system s The Division is continually seeking the m o st efficient and effective m e ans of preventing inadequate operation of water system s and assuring that certified operators correctly operate water system s under their supervision to ensure pr otection of the environm ent and the citizens of the State of Tennessee.

Facts

The focus of the W a ter Environm ental Health Act, T.C.A. Section 68-221-901, is to safeguard the public health and the quality of the environm ent by preventing inadequate operation of water and wastewater system s through a system of certification for operators and penalties for noncom p liance. Thus, the rules utilized to regulate certif ied operators and the system s which they operate are by necessity preventative in nature. Consequently, im m e diate enforcem ent action is often necessary to alleviate any deficiency in the operation and/or m a intenance of water or wastewater system s.

In order to effectively and efficiently adm i nister this Act and regulations, the DW S subm its this proposal to enable the Division to address sim ilar cases in an efficient m a nner. This system will
allow enf o rcem ent to be m o re tim ely, which m a kes it m o re ef f ective . In the event the violation(s) is (are) not abated or new viol ations are encountered and after consultation

w i th OGC, DWS shall pursue appropriate additi onal enforcement action, administrative or judicial.

Proposal

The DW S proposes to issue “Director’s Orders” for violations of the Act as set forth in this proposal. Such violations include: failure by an operator to com p ly with m onitoring, sam p ling and/or reporting requirem e nts; failure by an opera tor to take all action within the operator’s control to operate a system in the m a nner in which it is capable of operating; f a ilure by an operator to notif y the Departm e nt of conditions which m a y af f ect the quality or quantity of the water; and providing false or inaccurate statem ents , data or inform ation to the Departm e nt. The

July, 2001 Delegation 19Director’s Orders will be signed by the Divisi on Director and m a iled, by certif ied m a il, to the offending certified operator.

The procedure to be followed under this delegation is as follows:

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

2. The Division will prepare a Notice of Violati on notif ying the of f e nder of the violation(s) and set a schedule for com p liance if applicable;

3. Upon obtaining docum entation of the violati on (through an inspection or by confirm a tion
of

the records in the central of f i ce or both) , DW S will prepare the Director’s Order and

m a il the docum ent by certif ied m a il;

4. Prior to issuance, the Director’s Order and supporting docum entation will be reviewed by the Division Enforcem ent Chief and the Director; and

5. The Director’s Order m a y, dependent upon th e circum stances, contain corrective actions which m u st be accom p lished in order for com p liance to be achieved.

Civil penalties will be assessed on all such dele gated Orders in accordance with the following policy and schedule. 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 under the Safe Drinking Water Act Delegation (e.g. turbidity and chlorine) are categoriz ed under one category in that delegation, each shall constitute a separate violation and provide a basis for viol ations under this delegation. Each and every due compliance report (w hether daily, w eek ly, monthly, quarterly, or annual) shall constitute a separate violation. Each and every monitoring parameter or record entry (w hether required every hour, for a 4 hour segment, daily, monthly, quarterly, or annually) shall be a separate violation. Wh ere applicable, each and every day a violation occurs shall constitute a separate violation.

July, 2001 Delegation 20Activity/Violation

Failure by an Operator or persons under his supervision to comply w i th monitoring, sampling, analysis or reporting requirements for a Non-Community w a ter system or Community w a ter system.

Non-Com m unity W a ter System P e n a l t y

1. Churches or other non-profit organizations

or associations $ 200

2. All other public non-com m unity water system s (except surface water source) $ 400

3. Non-transient non-com m unity water system s (surface water source)

A. System s < 1.0 MGD $ 400
B. System s 1.0 MGD or greater $ 900

Com m unity W a ter System s - serving the following:

Population served P e n a l t y

25 - 500 $ 300
501 - 3,300 $ 500 3,301 - 10,000 $ 700 10,001 - 50,000 $ 800 50,001 or greater $ 900

The intentional or negligent fa ilure by an Operator, or persons under his/her supervision,
to act or react and w h ich results in a w a ter supply system facility not operating in the
manner in w h ich it is capable of being op erated for the performance of its designed function. Penalties are assessed for Operato rs of non-community and community w a ter systems according to the follow i ng population ranges:

Population served P e n a l t y

100 or less $ 300
101 - 500 $ 500
501 - 3,300 $ 700 3,301 - 10,000 $ 900 10,001 - 100,000 $1,000 100,001 or greater $1,200

July, 2001 Delegation 21The intentional or negligent failure by an Op erator, or persons under his supervision, to notify the Department of conditions w h ich m ay affect the quantity or quality of w a ter being supplied to the customers of a w a ter supply system or w h ich are violative of a drinking w a ter standard. Penalties are a ssessed for Operators of non-community and community w a ter systems according to the follow i ng population ranges:

Population served P e n a l t y

100 or less $ 200
101 - 500 $ 300
501 - 3,300 $ 400 3,301 - 10,000 $ 600 10,001 - 100,000 $ 800 100,001 or greater $1,000

Providing inaccurate or false statements to the State or recording and/or reporting any
data or information w h ich is know n, or should be know n to be inaccurate, misleading or false including the failure to exercise reasonable care, judgment or application of
know ledge in the preparation of data, reports and information. Penalties are assessed for Operators of non-community and community w a ter systems according to the follow i ng population ranges:

Population served P e n a l t y

100 or less $ 400
101 - 500 $ 800
501 - 3,300 $1,200 3,301 - 10,000 $1,500 10,001 - 50,000 $1,800 50,001 - 100,000 $2,000 100,001 or greater $2,500

It is the intent of the Division that this enf o r cem ent m echanism be swift, cover a short period and

a sm all num ber of violations, and consequently w ill result in relatively sm all civil penalties. In the event the violation is not abated, then the failu re to com p ly with the Director’s Order, as well as any continuing or new violations since its issuance, m a y be the subject of additional
enforcem ent action, either adm i nistrative or judicial.

Contingent Penalties Based on Corrective Actions

Further, the Division of W a ter S upply is given authority to issue Director' s Orders that include "corrective action." The scope of corrective acti on item s addressed in a Director' s Order shall include all violations which are addressed by th is delegation. The DW S is given authority to

July, 2001 Delegation 22assess 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 com p ly with the specif i ed corrective actions shall result in contingent penalties whic h are twice (2x) the penalties assessed in the
af

orem entioned paragraphs. The contingent penalties shall be due if there is not tim ely

com p liance with the specified corrective action.

July, 2001 Delegation 23DELEGATION OF COMMISSIONER’S AUTHORITY
UNDER
THE TENNESSEE WATER WELLS ACT OF 1963

Purpose and Facts

The Division of W a ter Supply (DW S ) has been, and continues to be, responsible for regulating individuals who com m e rcially drill water wells in the State of Tennessee. The DW S proposed and was granted authority to issue “Director’s Orders” for certain violations of the Tennessee
W a ter W e lls Act (the Act) on Decem ber 22, 1992, on June 18, 1997, and again on May 6, 1999, by am ended delegation. This enforcem ent m ech anism has worked well for the Division and

rem a ins a very efficient enforcem ent m echanism ; however, the Division is continually seeking the m o st efficient and effective m eans of a ssuring a safe water supply for the people of Tennessee. As the Division strives to insure th at water wells are properly constructed, costs of water wells rises and the num ber of licensed we ll drillers and pum p installers increases, the Division has identified areas of non-com p liance which need to be adjusted in order to encourage the subm ittal of well reports.

Additionally, the Division has recognized that the m onetary penalty am ounts currently authorized regarding unlicensed activities are becom i ng less a deterrent to such illegal activity and require m i nor adjustm e nt.

Proposal

In order to increase the ef f ectiveness of this enf o rcem ent m echanism as a deterrent to illegal activity, the DW S proposes to am end the current delegation of Com m i ssioner’s authority. The

am ended delegation will include drilling and inst alling a pum p or treatm e nt device without a license, failing to post or possess a license, failure to tag a water well, f a ilure to subm it a report of well driller within 30 days of com p letion, failure to cap a well, m a intain well casing, m a intain setback distances, failure to utilize required dr illing fluids, failure to properly abandon a well, and failure to follow procedural requirem e nts re lating to variances and conditional licenses. In addition, the proposed delegation increases m onetary penalty am ounts for several of the unlicensed activities. The proposed increase in authorization consists of reducing and increasing penalties f o r several violations. . The number of violations cite d in a Director’s Order shall be tallied or computed identically to how th ey are numbered or tallied in a Commissioner’s Order, even though several violations (e.g. ca sing is not 6 inches above land surface and

w e ll w a s not properly capped) are categoriz ed under one category each shall constitute a separate violation. Each and every w e ll drilled, pump and/or treatment device installed by an unlicensed individual shall constitute a separate violation.

In order to effectively and efficiently adm i nister this Act and regulations, the DW S subm its this proposal to enable the Division to address sim ilar cases in an efficient m a nner. This system will
allow enf o rcem ent to be m o re tim ely, which m a kes it m o re ef f ective . In the event the violation(s) is (are) not abated or new viol ations are encountered and after consultation

w i th OGC, DWS shall pursue appropriate additi onal enforcement action, administrative or

July, 2001 Delegation 24judicial. Director’s Orders issued under this pr oposed delegation would be signed by the Division Director and m a iled, by certifie d m a il, to the offending violator.

The current delegation utilized includes a procedure to be f o llowed. This procedure will be continued by the DW S as follows:

1. The DW S will discover the violation and inspect the location as necessary;

2. The Division will prepare a Notice of Violati on notif ying the of f e nder of the violation(s) and set a schedule of com p liance if applicable.

3. Upon obtaining docum entation of the viola tion (either through an inspection or by
conf irm a tion of the records in the centr al of f i ce or both), DW S will prepare the “Director’s Order” and m a il the docum ent by certif ied m a il;4. Prior to issuance, the Director’s Order and supporting docum enta tion will be reviewed by the Division
Enforcem ent Chief and the Director.

5. The Director’s Order m a y, dependent upon circum stances, contain corrective actions which m u st be accom p lished for com p liance to be achieved.

The current and proposed civil penalties will be assessed on all such delegated Orders in accordance with the following schedule:

Activity P e n a l t y

L i c e n s e

(a) Drilling well without license $1,500

(b) Installing pum p or water

treatm e nt without a license $ 600

Identification

(a) Failing to post license during drilling $ 100

(b) Failing to post nam e and “TN LIC”

num ber on drilling equipm ent $ 100

(c) Failing to possess an ID card for a

Rig Operator $ 100 (d) Failing to equip and identify a water well with a water well driller identif ication tag $ 100

July, 2001 Delegation 25Reports

(a) Failing to subm it a “report of well driller” within thirty (30) days (as required) but within 90 days (5 late reports or less) $ 100

(b) Failing to subm it a “report of well driller” within thirty (30) days but within 90 days (less than 15 late reports but m o re than 5 late reports) $ 300

(c) Failing to subm it a “report of well driller” within thirty (30) days but within 90 days (m ore than 15 late reports) $ 500

(d) Failing to subm it a “report of well driller” within thirty (90) days (each unreported well ) $ 250

(e) Failing to subm it an abandonm ent report

within sixty (60) days $ 100

(f) Failing to provide required inform ation and data on “report of well driller” $ 50

(g) Failing to subm it accurate inform ation on “report of well driller” $ 100

(h) Failing to sign “report of well driller” certifying accuracy $ 50

Construction

(a) Failing to m a intain well casing f r om six (6”) inches above to at least twenty (19’) feet below land surface $ 200

(b) Failing to properly cap well $ 150

(c) Failing to backfill annular space of well with im pervious m a terial $ 200

(d) Failing to m a intain m i nim u m setback

July, 2001 Delegation 26distances $ 400

(e) Im proper installation of well casing, screen or perforated pipe $ 300

(f) Failing to properly develop a water well $ 200

(g) Failing to utilize required drilling f l uids during construction of a water well

or pum p installation $ 200

(h) Failing to properly install a pum p or water

treatm e nt device $ 200

(i) Failing to properly abandon a water well $ 300

(j) Failing to seal off any source of contam ination encountered during the drilling process $ 400

Procedural

a. Failing to follow the conditions of an approved written variance request $ 300

b. Failing to obtain written approval prior to a variance in construction $ 300

c. Failing to observe protocol required by a conditional license $ 300

It is the intent of the Division that this enf o r cem ent m echanism be swift, cover a short period and

a sm all num ber of violations, and consequently w ill result in relatively sm all civil penalties. In the event the violation is not abated, then the failu re to com p ly with the Director’s Order, as well as any continuing or new violations since its issuance, m a y be the subject of additional
enforcem ent action, either adm i nistrative or judicial.

Contingent Penalties Based on Corrective Actions

Further, the Division of W a ter S upply is given authority to issue Director' s Orders that include "corrective action." The scope of corrective acti on item s addressed in a Director' s Order shall

July, 2001 Delegation 27include all violations which are addressed by th is delegation. The DW S 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 com p ly with the specif i ed corrective actions shall result in contingent penalties whic h are twice (2x) the penalties assessed in the
af

orem entioned paragraphs. The contingent pe nalties shall be due if there is not tim ely

com p liance with the specified corrective action.

July, 2001 Delegation 28DELEGATION OF COMMISSIONER’S AUTHORITY
UNDER THE WATER QUALITY CONTROL ACT

Underground Injection Control Program

Purpose

The Division of W a ter Supply (DW S ) is responsible for regulating the injection of fluids and other substances to the State’s Underground W a ter Resources. The Division is continually seeking the m o st efficient and effective m eans of preventing the pollution of the State’s ground water resources to ensure protection of the environm ent and the citizens of the State of
Tennessee.

Facts

The focus of the W a ter Quality Control Ac t (T.C.A. Section 69-3-101 et seq.), and the Underground Injection Control Regulations prom ulgated under it is to safeguard the public health and the quality of the environm ent by protec ting the ground waters of the State. The rules utilized to regulate injection activity are by nece ssity preventative in nature. Consequently,
im m e diate enforcem ent action is often necessary to alleviate any activity which m i ght

contam inate the ground water resources of the State.

In order to effectively and efficiently adm i nister this Act and regulations, the DW S subm its this proposal to enable the Division to address sim ilar cases in an efficient m a nner. This system will
allow enf o rcem ent to be m o re tim ely, which m a kes it m o re ef f ective. In the event the violation(s) is (are) not abated or new viol ations are encountered and after consultation

w i th OGC, DWS shall pursue appropriate additi onal enforcement action, administrative or judicial.

Proposal

The DW S proposes to issue a “Director’s Order” fo r violations of the Act as set forth in this proposal. Such violations include: the constructi on or operation of Class II and Class V injection wells, including the disposal of fl uids into sinkholes without a perm it, authorization or disposal outside the conditions of the perm it, the f a ilure to m a intain or subm it required records or reports, and the discharge of a pollutant affecting ground wate rs of the State. The failure to install or

m a intain erosion/sedim e nt controls around a sinkhole are also addressed in this proposal. Class I , Class III, and Class IV wells will continue to be addressed through current enforcem ent procedures resulting in a Com m i ssioner’s Order. In addition, the number of violations cited in a Director’s Order shall be tallied or comput ed 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 w e ll w i thout authoriz ation a nd discharge of oil or other pollutant to a location affecting ground w a ter) are categoriz ed under one category, each shall constitute a

July, 2001 Delegation 29separate violation. Each and every report required and due shall constitute a separate violation. In addition, each and every day a violation occurs shall constitute a separate
violation. Director’s Orders issued under this proposed delegation would be signed by the Division Director and m a iled, by certifie d m a il, to the offending violator.

The procedure to be followed under this delegation is as follows:

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

2. The Division will prepare a Notice of Violati on notif ying the of f e nder of the violation(s) and set a schedule for com p liance if applicable;

3. Upon obtaining docum entation of the violati on (through an inspection or by confirm a tion
of

the records in the central of f i ce or both) , DW S will prepare the Director’s Order and

m a il the docum ent by certif ied m a il;

4. Prior to issuance, the Director’s Order and supporting docum entation will be reviewed by the Division Enforcem ent Chief and the Director; and

5. The Director’s Order m a y, dependent upon th e circum stances, contain corrective actions which m u st be accom p lished in order for com p liance to be achieved.

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

Activity/Violation P e n a l t y

Construction or operation of a Class II injection $1,500.00 well without perm it or authorization

Failure to operate a Class II injection well in $ 500.00 accordance with perm it conditions

Failure to m a intain or subm it required records $ 250.00

o r r e p o r t s

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 perm it or

July, 2001 Delegation 30authorization by rule

Construction, conversion or operation of a Class V $1,500.00 injection well without perm it or authorization

Failure to operate Class V injection well in $ 500.00
accordance with perm it conditions

Failure to file notification of operation of an $ 250.00 existing Class V injection well, or f a ilure to

m a intain or subm it 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 perm itted under the provision of Rule
1200-1-6-.05

Discharge of industrial or com m e rcial process $1,500.00 waste to a Subsurface Sewage Disposal System

perm itted under the provisions of Rule: 1200-
1-6-.05.

Disposal of com m e rcial, industrial, or house- $1,500.00 (Com m e rcial or hold waste into a sinkhole Industrial) $ 500.00 (Household)

Failure to install or m a intain erosion/sedim e nt $ 250.00
controls around a sinkhole

Failure to install or m a intain treatm e nt devices $ 500.00 required to prevent discharge of pollutants to a Class V well

Failure to perform required m onitoring of $ 250.00 x injectate or ground water

July, 2001 Delegation 31Failure to properly plug and abandon Class V $1,000.00 injection well

It is the intent of the Division that this enf o r cem ent m echanism be swift, cover a short period and

a sm all num ber of violations, and consequently w ill result in relatively sm all civil penalties. In the event the violation is not abated, then the failu re to com p ly with the Director’s Order, as well as any continuing or new violations since its issuance, m a y be the subject of additional
enforcem ent action, either adm i nistrative or judicial.

Contingent Penalties Based on Corrective Actions

Further, the Division of W a ter S upply is given authority to issue Director' s Orders that include "corrective action." The scope of corrective acti on item s addressed in a Director' s Order shall include all violations which are addressed by th is delegation. The DW S 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 com p ly with the specif i ed corrective actions shall result in contingent penalties whic h are twice (2x) the penalties assessed in the
af

orem entioned paragraphs. The contingent penalties shall be due if there is not tim ely

com p liance with the specified corrective action.

July, 2001 Delegation 32