Bill Penny
Bill Penny

Bill Penny is a Member in the Nashville office of Stites & Harbison. He is a member of the firm's Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. Bill has more than 25 years experience in environmental law. You can contact him at william.penny@stites.com or by phone at 615-782-2308.

Bill Penny
Christina Davidow

Christina Bodewig Davidow is an Associate in the Nashville office of Stites & Harbison and a LEED Accredited Professional. She is a member of both the Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. She may be contacted at christina.davidow@stites.com or by phone at 615-782-2323.

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Rulemaking Hearings Proceeding on Stream Determination Rules

11.17.09 2:41 PM
posted by

Public hearings on the proposed wet weather conveyance rules required by Chapter 464, Acts of 2009 are underway. The Water Quality Control Board is required to promulgate rules that would provide procedures for making accurate and consistent hydrologic determinations. The Proposed Rules are very short on substance and defer most of the actual procedures to the standard procedures guidance document for stream determination required to be prepared by the Department. 

The guidance was not posted until November 13, 2009, and while the Department is soliciting comments on the guidance, it is not clear when the comments are due or what process will be available if there is disagreement.  That is why the rules need to contain the essential elements.  The process is now very confusing. The proposed rules set out only six procedures and, of those six procedures, three do not set out procedures at all but refer to the guidance. However, the guidance is not part of the rulemaking process.  All commenters at the public hearing held in Nashville on November 16, 2009, including yours truly, noted that because of this problem the proposed rules are not ready for the Board to adopt and should be revised and re-noticed.  

TDEC is continuing the rulemaking public hearings this week at locations across the state.  The proposed rules cited above identify the locations. The comment period expires on December 7, 2009.

 

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