Section 1680-05-02-.03 - DEFINITIONS(1) "Commissioner" means the Commissioner of the State of Tennessee Department of Transportation.(2) "Department" means the State of Tennessee Department of Transportation.(3) "Earthwork" means any type of construction work that requires the disturbance or exposure of soil or rock, including without limitation clearing, grubbing, excavation, grading, cutting or filling.(4) "Enforcement Order" means a final administrative or judicial order, including any order on appeal, which contains a finding of a violation of the Federal Water Pollution Control Act, the Tennessee Water Quality Control Act, or any other State's water quality control act. The term "enforcement order" does not include administrative notices of violation or equivalent actions that are not subject to appeal.(5) "General Permit" means the Tennessee General Permit for Storm Water Discharges from Construction Activities as authorized by TDEC.(6) "High quality waters" means surface waters of the State of Tennessee identified as high quality waters (Tier II) by TDEC, in accordance with TDEC Rule 1200-4-3-.06(2), and surface waters of the State of Tennessee designated as Outstanding National Resource Waters (Tier III) by the State of Tennessee Water Quality Control Board, in accordance with TDEC Rule 1220-4-3-.06(4).(7) "Impaired waters" means surface waters of the State of Tennessee identified by TDEC on the most recent Tennessee 303(d) list, or otherwise identified by TDEC pursuant to field investigations, as impaired waters not meeting one or more of the use classifications for surface waters as designated in TDEC Chapter 1200-4-4.(8) "TDEC" means the State of Tennessee Department of Environment and Conservation.(9) "Water Quality Permits" means any and all permits administered by any federal or state government agency that governs construction activities within or affecting waters of the United States and/or waters of the State of Tennessee, including without limitation Aquatic Resource Alteration Permits (ARAPs) and National Pollution Discharge Elimination System (NPDES) permits, including the General Permit, administered by TDEC; Section 404 permits administered by the United States Army Corps of Engineers; and Section 26a permits administered by the Tennessee Valley Authority.Tenn. Comp. R. & Regs. 1680-05-02-.03
Original rule filed March 2, 2005; effective May 16, 2005.Authority: T.C.A. § 4-3-2303 and 54-5-117.