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Applicable State Statute, Regulations, and Guidance

Applicable State Statute, Regulations, and Guidance

ARAP Section 401 Water Quality Certification Guide for Permit Applicants

Persons who wish to make an alteration to a stream, river, lake or wetland must first obtain a water quality permit. Physical alterations to properties of waters of the state require an Aquatic Resource Alteration Permit (ARAP) or a §401 Water Quality Certification (§401 certification).

TDEC Division of Water Resources: General Permits, Aquatic Resource Alteration Permit Program

TCA § 69-3: Tennessee Water Quality Control Act of 1977

69-3-102.  Declaration of policy and purpose.

(a) Recognizing that the waters of Tennessee are the property of the state and are held in public trust for the use of the people of the state, it is declared to be the public policy of Tennessee that the people of Tennessee, as beneficiaries of this trust, have a right to unpolluted waters. In the exercise of its public trust over the waters of the state, the government of Tennessee has an obligation to take all prudent steps to secure, protect, and preserve this right.

(b) It is further declared that the purpose of this part is to abate existing pollution of the waters of Tennessee, to reclaim polluted waters, to prevent the future pollution of the waters, and to plan for the future use of the waters so that the water resources of Tennessee might be used and enjoyed to the fullest extent consistent with the maintenance of unpolluted waters.

(c) Moreover, an additional purpose of this part is to enable the state to qualify for full participation in the national pollutant discharge elimination system (NPDES) established under § 402 of the Federal Water Pollution Control Act, Public Law 92-500, codified in 33 U.S.C. § 1342.

(d) Additionally, it is intended that all procedures in this part shall be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Applicable Federal Statute, Regulations, and Guidance

40CFR1.100-149 - EPA Water Program Regulations

33 USC § 1341 :  Navigation and Navigable Waters, Certification

Section 404 of the Clean Water Act: How Wetlands are Defined and Identified