Frequently Asked Questions

The Mining Section primarily issues National Pollutant Discharge Elimination System Permits (NPDES). This permit allows an applicant to discharge mine wastewater and storm water into state waters. A water quality permit is not a land use permit and does not grant the permit holder a right to mine. We are also prevented by state and federal law from considering this concern when making a decision on a water quality permit.

TDEC’s permits do not negate or supersede any local zoning, planning, or county ordinances that may be in place that would prohibit mining locally. Nor do local or county restrictions such as zoning, planning, or county ordinances prevent the issuance of TDEC permits such as water quality permits. TDEC does not have the authority to adjudicate local or county zoning or planning issues.

TDEC’s permits are likewise not the determining factor of whether a facility is a “mine” or “quarry” as it pertains to zoning. The definition of a quarry for zoning purposes is found in TCA 13-7-101 (a)(1) for counties or TCA 13-7-201 (a)(1) for municipalities. This is separate from the environmental laws administered by TDEC. 

Blasting is regulated by the Department of Commerce and Insurance rather than by TDEC. For blasting concerns or complaints, please visit the Department of Commerce and Insurance’s website, available here: Tennessee Blasting Consumer Complaint Process  

If impacts occur to private property, the owner may seek damages as a civil matter. TDEC does not have authority to resolve this issue. 

TDEC Rule 0400-40-03-.04(4) states that de minimis degradation is considered degradation of a small magnitude, a single discharge will be considered de minimis if it uses less than five percent of the available assimilative capacity for the substance being discharged. A thorough evaluation of the antidegradation status of any receiving stream is always conducted prior to any permitting action by the Division.

Section 303(d) of the Clean Water Act requires states to develop TMDLs for those waterbodies not attaining water quality standards. The objective of a TMDL is to allocate loads among all of the known pollutants sources throughout a watershed so that appropriate control measures can be implemented and water quality standards can be achieved. A TMDL can be expressed as the sum of all point source loads (waste load allocations), nonpoint source loads (load allocations) and an appropriate margin of safety, and is represented by this relationship: 

TMDL = Sum of Point Sources + Sum of Nonpoint Sources + Margin of Safety 

A TMDL can be thought of as a “diet” which limits a particular pollutant to increase the health of a watershed. When a permit is issued within a watershed that has an applicable TMDL, the effluent limitations must comply with the TMDL.  

Self-Monitoring is a nationwide standard for almost all NPDES permits. Water samples are taken at designated monitoring points at a certain frequency, as established in the NPDES permit. In addition, the NPDES permit also requires notice within 24 hours of any non-compliance, or exceedance, which could cause a threat to the public drinking water supplies, or any other discharge which could constitute a threat to human health. Reports are reviewed by the Division and EPA for compliance and can be reviewed online by the public via the EPA's Enforcement and Compliance History Online (ECHO) website.

Self-Monitoring is the only practical solution for the NPDES program due to the sheer number of facilities. There are approximately 13,400 NPDES permits in Tennessee and 335,000 nationwide. There are not enough environmental regulators to conduct all necessary monitoring, which would require a massive increase in staffing and funding of environmental regulatory agencies such as TDEC or the EPA.

Willingly or knowingly falsifying a monitoring report is a Class E felony, punishable by a $25,000 fine, incarceration, or both.

NPDES permits are a surface water discharge permit that requires the treatment of mine wastewater and storm water to meet permit limits before discharge to surface waters. The permit does not regulate or authorize discharges to groundwater. If discharges directly to groundwater are identified, they would need to be eliminated or permitted via an Underground Injection Control Permit (UIC).  

In some cases, water may enter a sinkhole downstream from a facility. In this instance, the sinkhole and groundwater are protected because the discharge is monitored while it is still on the surface and must comply with effluent limitations that are protective of the receiving stream.   

If property impacts occur (such as damage to a well), that property owner may seek damages as a civil matter. TDEC does not have the authority to adjudicate these issues. Additional resources for well owners are available here: Private Water Supply.

The NPDES program does not include authority for pollutants which are conveyed by air. Air emissions from industrial sources are regulated by the Division of Air Pollution Control. Additional information is available here: Air Pollution Control.

Process Mine Wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.  It shall also mean any water used in the slurry transport, air emissions control, or process exclusive of mining. This commonly means water which runs off from the processing area that has crushers and screeners.  

Stormwater discharge associated with industrial activity means the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. This commonly means water which runs off from areas such as overburden (dirt) piles, roads, and final stockpiles.  

The term “wastewater” does NOT mean hazardous waste, sewage, or other wastes will be discharged from the facility. 

Citizens may submit complaints about to the department by completing our Ask TDEC online form, by calling our toll-free phone number 888-891-8332, or by emailing TDEC.Mining@tn.gov. 

Please provide as much detailed information as possible in your request. 

Citizens may also submit letters by mail to: 

Division of Mineral & Geologic Resources 
3711 Middlebrook Pike, Suite 101 
Knoxville TN 37921