1. (1) When a release or other event occurs that causes subsurface water to not meet the criteria in these rules, the commissioner has authority under a number of statutes to cause remediation of the water. These statutes include the Solid Waste Disposal Control Act, T.C.A. §§ 68-211- 101 et seq., the Hazardous Waste Management Act, parts 1 and 2, T.C.A. §§ 68-212-101 et seq., and §§ 68-212-201 et seq., the Petroleum Underground Storage Tank Act, T.C.A. §§ 68-215-101 et seq., and the Drycleaner Environmental Response Act, T.C.A. §§ 68-217-101 et seq. The goals of all such remediation actions are:

   1. (a) To return waters to meeting standards when practicable by such methods as source removal, bioremediation, pump and treat, and natural attenuation; and
   2. (b) To protect the public from exposure to water that does not meet standards through such methods as physical and institutional controls.

2. (2) In order to accomplish these goals the Commissioner may establish an Area of Control when contamination has caused water to exceed the standards in these rules. In establishing an Area of Control, the Commissioner shall use the authorities of the remediation statutes and rules to;

   1. (a) Describe the extent of an Area of Control; and
   2. (b) Protect the public from exposure to the water in the Area of Control. Where the Commissioner identifies the source of pollution or water of sufficient contamination as to warrant contaminant mass reduction, he may further prescribe the actions to be taken to reduce the levels of contamination within the Area of Control.

3. (3) The Commissioner may establish such an Area of Control for water contaminated by human activity prior to November 19, 1980 if there are no liable parties as defined in T.C.A. § 68- 212-202(3)(B), (C), or (D) and the current property owner did not cause the water contamination. This could be done in conjunction with imposing land use restrictions to protect the public from any harm caused by the site whether or not the department expends funds to remediate the site. In establishing such an Area of Control, the Commissioner may use the authorities of the remediation statutes and rules to:

   1. (a) Describe the extent of an Area of Control;
   2. (b) Prescribe the actions to be taken to reduce the levels of contamination within the Area of control; and
   3. (c) Protect the public from exposure to the water in the Area of Control.
4. (4) Any current or future “alternate concentration limit” or “ground water protection standard” established within a Tennessee Hazardous Waste Management enforceable document in accordance with Rule 0400-12-01-.06 identifies an Area of Control in accordance with this rule. Compliance with the enforceable document constitutes compliance with the remediation actions identified in paragraph (1) of this rule.

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq. Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03.