Stites & Harbison, PLLC

The Wet Weather Conveyance and Stream Determination Protocol Act of 2009

On June 23, 2009, Tennessee Governor Phil Bredesen approved the passage of Public Chapter No. 464, Acts of 2009 (the "Act"), and in doing so, ushered in one of the most significant changes to the Water Quality Control Act in decades. The legislation provides clarification on the definition of streams and also mandates the Water Quality Control Board (the "Board") to develop guidance and minimal qualifications for making hydrologic determinations for wet weather conveyances ("WWC") and streams. In addition, the Act sets out a process for the regulated public to obtain a prompt stream determination from the Divison of Water Pollution Control (the "Division"). The legislation stands to benefit all stakeholders by providing clarification, guidance and minimum qualifications for persons conducting and relying on hydrologic determinations.

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