SB 1883

Present law authorizes the Tennessee board of water quality, oil and gas to assess monetary penalties for violations of law and rules, regulations, or orders adopted by the Tennessee board of water quality, oil and gas. Any citation or notice issued to an operator may be appealed, and such appeal must be conducted as a contested case and heard before an administrative judge. Present law requires the board of water quality, oil and gas to establish and administer a permit program to enable the department of environment and conservation to be designated by the United States environmental protection agency as authorized to issu e permits under the national pollutant discharge elimination system established by federal law. A permit applicant or aggrieved person may request a hearing before the board of water quality, oil, and gas, and such hearing must be conducted as a conteste d case and heard before an administrative judge. Present law authorizes the commissioner of environment and conservation ("commissioner"") to issue a complaint or order for corrective action for violations of the Water Quality Control Act. Any person against whom such an order is issued may ask for a hearing before the board of water quality, oil and gas, and such hearing must be conducted as a contested case and heard before an administrative judge. Present law authorizes the commissioner to assess penalties for violations of the Water Quality Control Act. Any person against whom an assessment has been issued may request a hearing before the board of water quality, oil and gas, and such hearing mus t be conducted as a contested case and heard before an administrative judge. In the scenarios described above, this bill requires an initial order to be administered by the administrative judge within 90 days after completion of the record of the hearing. A party must file a petition for appeal pursuant to the Uniform Administra tive Procedures Act within 15 days of the initial order. Otherwise, the order of the administrative judge is final. The board of water quality, oil and gas is prohibited from reviewing an initial order of the administrative judge unless it is appealed b y a party. POLLUTION CONTROL BOARD Present law authorizes a person aggrieved by a final action of the technical secretary of the pollution control board on a permit, order, or assessment issued in accordance with the Tennessee Air Quality Act to request a hearing before the pollution cont rol board, and such hearing must be conducted as a contested case and heard before an administrative judge. This bill requires an initial order to be administered by the administrative judge within 90 days after completion of the record of the hearing. A party must file a petition for appeal pursuant to the Uniform Administrative Procedures Act within 15 days of the initial order. Otherwise, the order of the administrative judge is final. The pollution control board is prohibited from reviewing an initial order of the administrative judge unless it is appealed by a party. UNDERGROUND STORAGE TANKS AND SOLID WASTE DISPOSAL BOARD Present law authorizes a person whose plans for the construction of, or change in, any solid waste processing facility or disposal facility are disapproved by the commissioner to ask for a hearing before the underground storage tanks and solid waste disp osal board. A person may also request a hearing in front of the underground storage tanks and solid waste disposal board if they have been issued a correction under the Tennessee Solid Waste Disposal Act. Any such hearing must be conducted as a conteste d case and heard before an administrative judge. Present law authorizes the commissioner to issue an order for correction for violations of Tennessee Hazardous Waste Management Act of 1977. Any person against whom such an order is issued may ask for a hearing before the underground storage tanks and so lid waste disposal board. Further, any person whose permit application for a hazardous waste transportation, storage, treatment, or disposal facility is denied by the commissioner may request a hearing before the underground storage tanks and solid waste d isposal board. Any such hearing must be conducted as a contested case and be heard before an administrative judge. Present law allows the commissioner to issue an order of correction for violations of the Tennessee Petroleum Underground Storage Tank Act. Any person against whom such an order is issued may request a hearing before the underground storage tanks and so lid waste disposal board. Any such hearing must be conducted as a contested case and heard before an administrative judge. In the scenarios described above, this bill requires an initial order to be administered by the administrative judge within 90 days after completion of the record of the hearing. A party must file a petition for appeal pursuant to the Uniform Administra tive Procedures Act within 15 days of the initial order. Otherwise, the order of the administrative judge is final. The underground storage tanks and solid waste disposal board is prohibited from reviewing an initial order of the administrative judge un le ss it is appealed by a party."