Last Updated 08/04/2026
EXCERPT-Tennessee NPDES Permit
Who Needs An NPDES Discharge Permit?
Persons discharging pollutants directly from point sources into surface waters of the state must obtain an NPDES discharge permit from the Tennessee Division of Water Resources. Direct dischargers include industrial and commercial wastewater, industrial stormwater, and municipal wastewater discharges. Mining facilities and Class I Concentrated Animal Feeding Operations (CAFOs) also require NPDES discharge permits.
Industries sending wastewater to public sewers, called publicly owned treatment works (POTW), are considered indirect dischargers, and they do not need an NPDES discharge permit. However, these industries must obtain a discharge permit from their local POTW. POTW standards and requirements are specified in local sewer ordinances. Industries that discharge to a POTW must contact their municipality to obtain a discharge permit.
Plans for treatment works may have to be prepared by an engineer licensed in the state of Tennessee. Plans must be approved by the Division of Water Resources prior to construction.
What Information Must I Provide?
Applicants must submit application forms 180 days before (1) they plan to initiate a new discharge, (2) their existing discharge permit expires, or (3) they make a significant modification to the quantity of discharge or the nature of pollutants in an existing discharge. The following forms are required:
1. General Information
EPA Application Form 1. This form is required of all NPDES permit applicants. The form requires general facility information such as the name, address and telephone number of the facility and contact person; Standard Industrial Classification codes and nature of the business; operator information; existing environmental permits; and a topographic map of the area extending at least one mile beyond property lines.
2. Wastewater Discharge Information
EPA Application Form 2C. This form is for existing manufacturing, commercial, mining, and silvicultural operations. The form requires information concerning the flows, source of pollution and treatment technologies; production and improvements to reduce pollutants in the discharge; intake and effluent characteristics; potential discharges not covered by the analysis; biological toxicity testing data; and contract analysis information.
3. New Sources and New Dischargers
Application for Permit to Discharge Process Wastewater – EPA Application Form 2D.This form is required of all new dischargers. The form requires information concerning outfall location; discharge date; flows, sources of pollution and treatment technologies; production of the effluent; effluent characteristics; and an engineering report on the wastewater treatment.
4. Facilities Which Do Not Discharge Process Wastewater
EPA Application Form 2E. This form is for facilities that discharge only non-process wastewater (e.g., discharges of sanitary wastes and noncontact cooling water). The form requires information concerning the receiving waters, discharge date, type of waste, effluent characteristics, an indication of whether the discharge will be intermittent or seasonal and the treatment system.
5. Application for Permit to Discharge Storm Water Associated With Industrial Activity
EPA Application Form 2F. This form is available for applicants who are not eligible for coverage by an NPDES Tennessee Stormwater Multi-Sector General Permit and whose discharge is composed entirely of stormwater. Form 2F is also available to dischargers who choose to be covered under an individual permit rather than a general permit. The form requires outfall location information, a narrative description of pollutant sources, a site drainage map, information on significant leaks or spills, discharge information, biological toxicity testing data, existing best management practices, and certification that the discharge contains only stormwater.
6. Form CN-1090
- Form CN-1090 is required to identify the parties responsible for different aspects of the permit.
In most cases, topographic maps, process flow line diagrams, and extensive sampling data are required with the applications. A preliminary engineering report and treatability analysis also may be required where unusual or complex wastewater treatment systems may be needed.
What Are The Division’s Rights And Responsibilities After The Permit Is Issued?
The Division of Water Resources has the responsibility to take all prudent steps to secure, protect and preserve the waters of Tennessee.
The Division and the EPA have the right to enter and inspect the facility and all related records at any reasonable time. They also may inspect any related equipment or monitoring methods. The Division has the right to revoke, suspend or modify any permit for violation of permit conditions.
EXCERPT- Tennessee Qualifying Local Program
The Phase II stormwater regulations include provisions allowing for streamlining and coordination among programs at the state and local levels. This is true for the regulation of construction site runoff. The qualifying local program provision for the management and oversight of stormwater runoff from construction activities allows for this streamlining. Under this provision, the State of Tennessee, which has been delegated NPDES authority, can formally recognize a municipal program that meets or exceeds the provisions of its own construction general permit. When this occurs, a permitee, responsible for a project within the jurisdiction of a recognized municipality, would follow that municipality’s requirements for stormwater management.
Per CFR 122.44(s), the Division of Water Resources can formally recognize a regulated Municipal Separate Storm Sewer System (MS4) as a QLP that has been shown to meet or exceed the provisions of the General NPDES Permit for Discharges of Stormwater Associated with Construction Activities (CGP). If a construction site has submitted a program specific Notice of Intent (NOI) to a participating QLP, and has obtained a Notice of Coverage (NOC), the operator of the construction activity is authorized to discharge under the CGP without the submittal of an NOI, Stormwater Pollution Prevention Plan (SWPPP), or related permit fee to the division.
Current Tennessee QLP Participants:
- Bristol
- Cleveland
- Kingsport
- Cookeville
- Franklin
- Knoxville
- Washington Co.
View State Page
Frequently Asked Questions
Does the Town of Cary require stormwater management for my property?
If your property has any land-disturbing activity or on-site stormwater control facilities, you are likely subject to Cary’s stormwater requirements. The Town is the permitting authority for all land-disturbing activities and requires property owners to maintain all on-site stormwater control facilities and open-space areas required under an approved stormwater control plan. Construction permits are only issued to projects that establish a plan to manage stormwater runoff during the construction process.
What happens to my financial security if I default on my maintenance agreement?
If you fail to maintain, repair, or reconstruct the stormwater control structure per your Operation and Maintenance Agreement, the Town may use all or part of your posted financial security to make necessary improvements. The Town will only take this action after exhausting other reasonable remedies. Any unused deposited cash funds will not be returned — they are retained for future maintenance.
What is the NPDES Phase II program and does it apply to Cary?
Yes. The Town of Cary is covered under Phase II of the National Pollutant Discharge Elimination System (NPDES) program as part of the federal Clean Water Act. The State mandated that Cary acquire an NPDES Phase II Stormwater Permit in 2005. The program requires the Town to implement six minimum control measures: public education, public involvement, illicit discharge detection and elimination, construction site runoff control, post-construction stormwater management, and pollution prevention for municipal operations.
What happens if I receive a Notice of Violation from the Town of Cary?
A Notice of Violation (NOV) will specify the nature of the violation, what corrective actions are required, and the deadline to cure it. You may appeal any order or determination to the Town Council within 30 days of receiving the notice. If you cannot cure the violation within the specified timeframe, you may request a single extension of up to 30 days — but only if you can demonstrate the needed labor or materials are unavailable due to circumstances beyond your control. If the violation is fully corrected within the deadline, the Town takes no further action.
Does Cary have requirements for post-construction runoff controls?
Yes. Any new development or redevelopment as of July 1, 2005 — unless explicitly exempted — must meet either the low-density or high-density option requirements under Cary’s NPDES Phase II Permit. High-density projects must implement stormwater control measures that control and treat the difference between pre- and post-development conditions for a 1-year, 24-hour storm, with a minimum 85% TSS removal rate.
Can the Town of Cary inspect my property for stormwater compliance?
Yes. Under the NPDES program, the Town of Cary has the authority to inspect properties for noncompliance and issue a Notice of Violation (NOV) for any deficiency or infraction found on-site. The Stormwater Management Engineer also retains the right to perform inspections on any stormwater control structure whenever deemed necessary, and the Town Manager may enter private property without prior notice if an immediate danger to public health or safety exists.
What are my ongoing maintenance responsibilities as a property owner in Cary?
Property owners are responsible for maintaining all stormwater control facilities on their property. Specifically, you must: submit an annual Maintenance Inspection Report on the anniversary of your Operation and Maintenance Agreement recording; have inspections conducted by a qualified NC-licensed professional; keep landscaping and grounds managed so vegetation does not threaten the structural integrity of any stormwater control structure; and notify the Stormwater Management Engineer before making any repairs or reconstruction (except routine landscaping).
Who owns the stormwater control structures on my property?
- For all properties except single-family residential development, the property owner is responsible for owning the stormwater control structure. For single-family residential developments, structures may be owned by a property owner’s association. Ownership carries with it the obligation to maintain, repair, and reconstruct the structure per the approved Operation and Maintenance Agreement.
What financial security does the Town of Cary require for stormwater control structures?
All engineered stormwater control structures require posting of financial assurance before construction permits are issued. The amount must equal 15% of the total cost of the structure or the estimated cost of maintaining it over a 10-year period — whichever is greater. The maintenance cost estimate is calculated by projecting 25 years of costs and multiplying by 0.4 (two-fifths). Acceptable forms of security include cash or an evergreen letter of credit readily convertible to cash at face value, deposited with the Town of Cary.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
