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.

water

The Division of Water Pollution Control Proposes Addition to and Amendment of Wet Weather Conveyance Rules

09.16.09 11:00 AM
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The Division of Water Pollution Control submitted its proposed wet weather conveyance determination rules yesterday at the Water Quality Control Board’s monthly meeting. Alan Leiserson, attorney for the Division, presented the proposed rules to the Board.  

The proposed rules included the addition of Tenn. Admin. Comp. Ch. 0400-40-17 that would address the Certification of Qualified Hydrologic Professionals. The proposed rules also included the amendment of the existing rules for General Water Quality Criteria. Specifically, the amendments would affect 1200-04-03-.04 Definitions, and 1200-04-03-.05 Interpretation of Criteria. The Division proposed amending the ARAP rules under 1200-04-07 as well to reflect changes to the General Water Quality Criteria Rule.   

In terms of the Wet Weather Conveyance rule, 1200-04-03, the most significant changes were those dealing with the new, more precise requirement that in a wet weather conveyance  “under normal weather conditions, due to naturally occurring ephemeral or low flow there is not sufficient water to support fish, or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two months.” This is a striking change from the previous definition that said only that wet weather conveyances “do not support fish and aquatic life.” The other significant change is the addition of a new paragraph to 1200-4-3-.05 that clarifies the purpose and procedure for making a wet weather conveyance determination.   
 
In addition to the proposed rule, the Division presented a guidance document outlining the “Standard Procedures for Identification of Wet Weather Conveyances and Streams.” The guidance document is meant to identify and explain regulations, legal definitions, and general concepts involved in hydrologic determinations of linear watercourses. The document also sets out the qualifications of a hydrologic professional as well as the reporting requirements by which such professionals must abide.  The Division created a new Hydrologic Field Data Sheet aimed toward providing a higher degree of consistency and predictability in field determinations. 

Finally, the Division provided a document presenting the “Minimum Qualifications for TDEC Staff” in making Hydrologic Determinations. The document provides minimum standards for education and experience, and also that a staff member must successfully complete a certification course.

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