Amends TCA Title 4; Title 11, Chapter 14, Part 4; Title 66; Title 68 and Title 69.

Present law relative to water pollution control generally requires every person who is planning to carry out any of the activities outlined under the heading "Activities That Are Unlawful Without a Permit" to file an application for a permit with the commissioner of environment and conservation ("commissioner") or, when necessary, for modification of such person's existing permit. However, this provision does not apply to a person who discharges into a publicly owned treatment works, who is a domestic discharger into a privately owned treatment works, or who is regulated under a general permit pursuant to state law. ACTIVITIES THAT ARE UNLAWFUL WITHOUT A PERMIT Present law establishes that it is unlawful for any person, other than a person who discharges into a publicly owned treatment works or a person who is a domestic discharger into a privately owned treatment works, to carry out any of the following activities, except in accordance with the conditions of a valid permit: (1) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state; (2) The construction, installation, modification, or operation of any treatment works, or part thereof, or any extension or addition thereto; (3) The increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit; (4) The development of a natural resource or the construction, installation, or operation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state in any manner not already lawfully authorized; (5) The construction or use of any new outlet for the discharge of any wastes into the waters of the state; (6) The discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters; (7) The construction, installation, or operation of a liquid waste management system supporting an animal feeding operation that stables or confines as many as, or more than, the numbers of animals specified by federal law defining a large concentrated animal feeding operation. A state operating permit issued pursuant to this provision will be enforceable only in regard to submission and maintenance of a current approved nutrient management plan. Animal feeding operations that are not required under this provision to have a permit may apply for and be issued a state operating permit. An animal feeding operation issued a state operating permit pursuant to this provision is required to conduct such operations in accordance with the permit; (8) The discharge of sewage, industrial wastes, or other wastes into a well or a location where it is likely that the discharged substance will move into a well, or the underground placement of fluids and other substances that do or may affect the waters of the state; (9) The diversion of water through a flume for the purpose of generation of electric power by a utility; or (10) Animal feeding operations that are required under the federal Clean Water Act to have a permit for concentrated animal feeding operations. Such operations must be conducted in accordance with the conditions of a valid national pollutant discharge elimination system (NPDES) permit. Animal feeding operations that are not required under the federal Clean Water Act to have a permit for concentrated animal feeding operations may apply for and, if eligible under federal law, be issued an NPDES permit. An animal feeding operation issued an NPDES permit pursuant to this provision is required to conduct such operations in accordance with the permit. For purposes of this bill, "waters" does not include isolated wetlands. IMPACT TO ISOLATED WETLANDS This bill establishes that a permit or other authorization is not required for impacts to wetlands that are not defined as navigable waters or otherwise regulated within the meaning of the federal Water Pollution Control Act ("isolated wetlands"), and isolated wetlands are not subject to a requirement related to riparian buffers, cumulative impact analyses, antidegradation, mitigation, or another regulatory purpose or requirement within the scope of permits required under state law relative to water pollution control. EXCEPTIONAL TENNESSEE WATER This bill prohibits the designation of a wetland as exceptional Tennessee water based solely on the presence of aquatic plants, semi-aquatic plants, or other vegetation. As provided in rules of the department of environment and conservation ("department"), "exceptional Tennessee water" means surface waters other than wet weather conveyances that are in any one of the following categories: (1) Waters within state or national parks, wildlife refuges, forests, wilderness areas, or natural areas; (2) State scenic rivers or federal Wild and Scenic Rivers; (3) Federally designated critical habitat or other waters with documented non experimental populations of State or federally listed threatened or endangered aquatic or semi-aquatic plants or animals; (4) Waters within areas designated as Lands Unsuitable for Mining pursuant to the federal Surface Mining Control and Reclamation Act where such designation is based in whole or in part on impacts to water resource values; (5) Waters with naturally reproducing trout; (6) Waters with exceptional biological diversity as evidenced by a score of 40 or 42 on the Tennessee Macroinvertebrate Index using protocols found in the department's 2017 Quality System Standard Operating Procedure for Macroinvertebrate Stream Surveys. However, the sample is considered representative of overall stream conditions; or (7) Other waters with outstanding ecological, or recreational value as determined by the department.