Individual National Pollutant Discharge Elimination System (NPDES) Permit
Who Needs An Individual NPDES Discharge Permit?
Mining operations discharging pollutants directly from point sources into surface waters of the state must obtain an NPDES discharge permit from the Tennessee Division of Mineral & Geologic Resources (DMGR). An Individual NPDES permit is required if the operations include processing (mechanized crushing, screening, or sorting) or if impounded water must be pumped from the mining area. These operations are considered to be a source of mine process wastewater. If these situations are not applicable, the facility may instead be permitted under a General NPDES Permit. [DL1]
Plans for treatment works may have to be prepared by an engineer licensed in the state of Tennessee. Engineered treatment works (such as settling basins) must be certified by a licensed engineer after construction of the treatment system is finalized
EPA Application Form 1 - This form is required of all NPDES permit applicants. The form requires general facility information such as the name, address and telephone number of the facility and contact person; Standard Industrial Classification codes and nature of the business; operator information; existing environmental permits; and a topographic map of the area extending at least one mile beyond property lines.
EPA Application Form 2D - This form is required of all new dischargers. The form requires information concerning outfall location; discharge date; flows, sources of pollution and treatment technologies; production of the effluent; and effluent characteristics.
TDEC Form CN-2856 - This form is required to identify the parties responsible for different aspects of the permit.
Antidegradation Information: Applicants for new discharges are required to provide an alternatives analysis. The antidegradation worksheet may be used to provide this analysis.
EPA Application Form 1 - This form is required of all NPDES permit applicants. The form requires general facility information such as the name, address and telephone number of the facility and contact person; Standard Industrial Classification codes and nature of the business; operator information; existing environmental permits; and a topographic map of the area extending at least one mile beyond property lines.
EPA Application Form 2C - This form is for existing mining operations. The form requires information concerning the flows, source of pollution and treatment technologies; production and improvements to reduce pollutants in the discharge; intake and effluent characteristics; potential discharges not covered by the analysis; biological toxicity testing data; and contract analysis information.
TDEC Form CN-2856 - This form is required to identify the parties responsible for different aspects of the permit.
Antidegradation Information: Applicants for new or expanded discharges may be required to provide an alternatives analysis.
Request for Waiver of Testing: Applicants may request a waiver for portions of the testing requirements found in Table A of EPA Form 2C. The following parameters may be waived, if appropriate:
- Biochemical Oxygen Demand (BOD)
- Chemical Oxygen Demand (COD)
- Total Organic Carbon (TOC)
- Ammonia (as N)
- Temperature
Data for the following parameters must be reported within EPA Form 2C if discharges have occurred:
- pH
- Total Suspended Solids (TSS)
- Flow
A NPDES permit may be transferred by submitting a Notice of Transfer and updated contact information. Full transfer requirements may be found in Part II. B. 3. Of the NPDES permit.
Notice of Transfer – This information is required to notify TDEC of a proposed transfer of ownership and includes a written agreement between the existing and new permittee. Contact TDEC.Mining@tn.gov for more information.
TDEC Form CN-2856 - This form is required to identify the parties responsible for different aspects of the permit.
Transfers of NPDES permits are not finalized until approved by TDEC.
A NPDES permit may be terminated when operations have ceased, and the site is suitably stable such that it is no longer a source of process mine wastewater or industrial stormwater. Full termination requirements may be found in Part III. B. of your NPDES permit.
A letter requesting termination may be emailed to TDEC.Mining@tn.gov or mailed to the Mining Section at 3711 Middlebrook Pike, Knoxville, TN 37921. A termination inspection and 30-day public notice period are required before a permit may be terminated.
How Will My Application Be Processed?
All applications are reviewed for completeness within 30 days. If the application is incomplete or if additional information is required, the applicant will be notified. A draft permit is prepared after receipt of a complete application, and a 30-day public notice is issued. A public hearing is held, if significant interest is displayed. After considering public comments, appropriate revisions are made, and the final permit is issued. The Division must make permit decisions within one (1) year of receipt of a complete application for new or modified permits and within 180 days of receipt of a complete application for permit renewal. The permit process can take between six (6) and 12 months. Normally, the permit is issued for a term of five (5) years. A permit decision may be appealed to the Water Quality Control Board within 30 days after the final permit is issued.
What Fees Are Required?
Plan review fees are required to be submitted with the application. Plans review fees vary based upon industry and permitting activity.
New NPDES Permit:
- Coal: $250
- Limestone: $250
- Site in Reclamation: $250
- All others: $25/ per acre (rounded up to the nearest whole acre), maximum of $1,500
Renewal without change, including resubmitting old site plans and minor modification: $0
Renewal, with modification: $250
Modifications: $250
Annual maintenance fees are charged after issuance of a final permit, generally near the anniversary date of the permit. Annual maintenance fees are based upon permitted acreage.
| NPDES Acreage | Annual Fee | |
|---|---|---|
| Mining Reclamation | $350 | |
| 0 to less than 5 | $690 | |
| 5 to less than 10 | $1,040 | |
| 10 to less than 25 | $1,380 | |
| 25 to less than 50 | $2,080 | |
| 50 to less than 75 | $2,770 | |
| 75 to less than 100 | $3,460 | |
| 100 to less than 200 | $4,150 | |
| 200 to less than 300 | $4,840 | |
| 300 to less than 400 | $5,540 | |
| 400 to less than 500 | $6,230 | |
| 500 or greater | $6,920 |
Annual maintenance fees are generally billed near the anniversary date of the permit. An invoice is mailed to the billing address provided within the application. Annual maintenance fees may be paid online through TDEC's Invoicing Portal.
No permit or renewal of a permit shall be issued to an applicant until all fees required are paid in full, as per TCA 68-203-103 (5) (d).
To view fees as referenced in Rules 0400-40-11. Fee information begins on page 7.
What Are My Rights And Responsibilities After The Permit Is Issued?
The applicant may proceed with the permitted activity in accordance with the established limitations on the concentration and/or mass of pollutants and all other permit requirements. The permit is transferable for a change of ownership and with the proper authorization. Minor modifications can be made administratively, but major changes require a public notice. For renewals, applications must be submitted at least 180 days before the existing permit expires. If the permittee disagrees with specific terms and conditions in the permit, the applicant may appeal to the Water Quality Control Board within 30 days of the date of issuance, provided the appealed item was addressed as part of the draft process.
The applicant is responsible for complying with all the applicable rules, regulations, and permit requirements. These include meeting specified effluent limitations and fulfilling monitoring, sampling, and reporting requirements to assess effluent quantity and quality (biological, chemical and physical characteristics).
What Are The Division's Rights And Responsibilities After The Permit Is Issued?
The Division of Mineral & Geologic Resources has the responsibility to take all prudent steps to secure, protect, and preserve the waters of Tennessee.
The Division and the EPA have the right to enter and inspect the facility and all related records at any reasonable time. They also may inspect any related equipment or monitoring methods. The Division has the right to revoke, suspend, or modify any permit for violation of permit conditions.
Whom Do I Contact For Applications, Assistance And Other Sources Of Information?
Applications and technical assistance can be obtained from the Mineral & Geologic Resources.
For assistance with NetDMR account registration, NetDMR account management, or reporting, correcting, or deleting DMR data in NetDMR, contact DMGR’s Regulatory Administrator:
Cassi Savage at (931) 650-0536 or Cassi.Savage@tn.gov
Electronic application submittals and requests for information specific to mining related activities may be received at TDEC.Mining@tn.gov.
Information may also be mailed to:
Division of Mineral & Geologic Resources, Mining Section3711 Middlebrook Pike
Knoxville, TN 37921
Applicants may refer to the following publications:
· TDEC Rule Chapter 0400-40-01, 03, 04 and 05
· 40 CFR Sections 122 and 124
· Tennessee Water Quality Control Act - TCA § 69-3-108(b)(1),(2),(3),(4), and (6)
· Section 402 - Federal Clean Water Act