Tennessee § 69-7-206 - Issuance and denial of permit. [Contingent amendment. See first version of section and Compiler’s Notes.]

§ 69-7-206. Issuance and denial of permit. [Contingent amendment. See first version of section and Compiler’s Notes.]

The commissioner shall issue or deny any permit applied for pursuant to § 69-7-204 in accordance with this part and the rules adopted by the board of energy and natural resources under § 69-7-207 and any applicable provisions of the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and rules under that act. Such permits shall be issued for a renewal term of five (5) years and contain necessary and appropriate conditions to accomplish the purposes of the same part and rules. The commissioner shall, to the maximum extent feasible, combine the permit application and issuance processes for a withdrawal activity that requires permits under this part and the Water Quality Control Act. The commissioner may revoke, suspend, or modify any permit for the following reasons: A violation of any terms or conditions of the permit or of any provision of this part; Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted inter-basin transfer because of reasonably likely adverse impacts to downstream users or the environment. Any person aggrieved by the issuance or denial of a permit by the commissioner under this part may appeal such matter to the board of energy and natural resources solely in accordance with § 69-7-207(3). Acts 2000, ch. 854, § 7; T.C.A. § 69-8-206 ; Acts 2005, ch. 325, § 1; 2018, ch. 839, §§ 35, 36. Compiler's Notes. Acts 2005, ch. 325, § 3 provided that the amendment of subsection (d) shall only apply to permit applications filed after June 7, 2005. Acts 2012, ch. 986, §§ 26-28 amended § 69-3-104 to substitute “board of water quality, oil and gas” for “board of water quality control”. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner. Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund. Amendments. The 2018 amendment substituted “board of energy and natural resources” for “board of water quality, oil and gas” in the first sentence in (a) and in (d). Effective Dates. Acts 2018, ch. 839, § 47. [Contingent. See Compiler’s Notes.]