Tenn. Code Ann. § 68-211-867 — TN Code / Title 68 / Chapter 211 / Section 68-211-867
Waste tire disposal
Status: in_force

(a) The department of environment and conservation is directed to develop a program to manage the waste tire program for beneficial end use. (b) For the purposes of this section, "beneficial end use" includes the following: (1) Cement manufacturing; (2) Burning of tire-derived fuel in contained industrial boilers for the capture of energy; (3) Production of tire-derived fuel, provided the department approves the planned use of the processed tire material; (4) The crumbling or pyrolysis of tire material, provided the processor provides for the planned use of the processed tire material under such requirements established by the department; (5) Recreational applications, including, but not limited to, playgrounds, running tracks, and walking paths; or (6) Any use otherwise deemed appropriate by the department of environment and conservation and for which either the board has promulgated rules or the department has developed and published policies; provided, that this section shall not be construed to require or mandate the use of products or materials resulting from waste tires. The board shall not promulgate any rules, and the department shall not establish any policies mandating the use of products or materials resulting from waste tires. It is the specific intent of the general assembly that any use of products resulting from the waste tire program is entirely voluntary on the part of the end user. (c) (1) The department is authorized to use funds available from the solid waste management fund to contract directly with an approved beneficial end user or its designated agent for recycling of waste tires. Each beneficial end user or agent awarded such a contract shall demonstrate to the department's satisfaction the ability to provide collection, management and transportation to its facility of all eligible and available waste tires generated within the area or county specified by the department. Any such contract shall be subject to approval by the county legislative body of each county in whose territory the contract shall be operative. Any such contract shall also require an appropriate performance bond from any entity producing tire-derived fuel or crumbling or pyrolysis of tire material to ensure proper storage, transportation and ultimate sale or disposal of such materials. (2) From funds available from the solid waste management fund, the department may provide grants to assist counties in locating, collecting and appropriately disposing of waste tires. Any county receiving a grant under this subdivision (c)(2) after July 1, 2000, shall not assess a tipping fee on the waste tires received at a county waste tire collection site so long as the amount of the grant covers the cost of the county's waste tire management program. (3) From funds available from the solid waste management fund, the department may provide grants to local education agencies, municipalities or counties to utilize recycled shredded tires for recreational applications. (4) Any county or entity requesting or applying for a grant or entering a contract with the department shall submit, prior to being approved for a grant or contract, a workplan and budget to reflect the expenditures of the grant or contract. The grants or contracts are to fulfill the objective of recycling waste tires and to assure that all expenditures of the contracts, grants, or any additional local tipping fees are not exceeding the cost of the county's waste tire management program. (d) (1) A landfill shall not accept whole, unshredded waste tires for disposal. Landfill operators shall segregate whole, unshredded waste tires at landfills and provide a temporary storage area for such tires until transported to an appropriate facility to be used for an approved beneficial end use as defined in this section, or the tires are shredded and disposed of pursuant to subdivision (d)(2) and regulations promulgated by the board. (2) A county may not dispose of shredded waste tires in a landfill after July 1, 2002, if the county's net cost for shredding, transporting and disposing of waste tires exceeds the cost of an available beneficial end use. Nothing in this subsection (d) shall prohibit a county from electing to participate in a beneficial end use for waste tires at a cost that exceeds the county's net cost for shredding, transporting and disposing of waste tires in a landfill. Acts 1991, ch. 451, § 36; T.C.A., § 68-31-867; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 40; 1998, ch. 587, § 1; 2007, ch. 462, §§ 15-17, 19.
(a) The department of environment and conservation is directed to develop a program to manage the waste tire program for beneficial end use.
(b) For the purposes of this section, "beneficial end use" includes the following: (1) Cement manufacturing; (2) Burning of tire-derived fuel in contained industrial boilers for the capture of energy; (3) Production of tire-derived fuel, provided the department approves the planned use of the processed tire material; (4) The crumbling or pyrolysis of tire material, provided the processor provides for the planned use of the processed tire material under such requirements established by the department; (5) Recreational applications, including, but not limited to, playgrounds, running tracks, and walking paths; or (6) Any use otherwise deemed appropriate by the department of environment and conservation and for which either the board has promulgated rules or the department has developed and published policies; provided, that this section shall not be construed to require or mandate the use of products or materials resulting from waste tires. The board shall not promulgate any rules, and the department shall not establish any policies mandating the use of products or materials resulting from waste tires. It is the specific intent of the general assembly that any use of products resulting from the waste tire program is entirely voluntary on the part of the end user.
(1) Cement manufacturing;
(2) Burning of tire-derived fuel in contained industrial boilers for the capture of energy;
(3) Production of tire-derived fuel, provided the department approves the planned use of the processed tire material;
(4) The crumbling or pyrolysis of tire material, provided the processor provides for the planned use of the processed tire material under such requirements established by the department;
(5) Recreational applications, including, but not limited to, playgrounds, running tracks, and walking paths; or
(6) Any use otherwise deemed appropriate by the department of environment and conservation and for which either the board has promulgated rules or the department has developed and published policies; provided, that this section shall not be construed to require or mandate the use of products or materials resulting from waste tires. The board shall not promulgate any rules, and the department shall not establish any policies mandating the use of products or materials resulting from waste tires. It is the specific intent of the general assembly that any use of products resulting from the waste tire program is entirely voluntary on the part of the end user.
(c) (1) The department is authorized to use funds available from the solid waste management fund to contract directly with an approved beneficial end user or its designated agent for recycling of waste tires. Each beneficial end user or agent awarded such a contract shall demonstrate to the department's satisfaction the ability to provide collection, management and transportation to its facility of all eligible and available waste tires generated within the area or county specified by the department. Any such contract shall be subject to approval by the county legislative body of each county in whose territory the contract shall be operative. Any such contract shall also require an appropriate performance bond from any entity producing tire-derived fuel or crumbling or pyrolysis of tire material to ensure proper storage, transportation and ultimate sale or disposal of such materials. (2) From funds available from the solid waste management fund, the department may provide grants to assist counties in locating, collecting and appropriately disposing of waste tires. Any county receiving a grant under this subdivision (c)(2) after July 1, 2000, shall not assess a tipping fee on the waste tires received at a county waste tire collection site so long as the amount of the grant covers the cost of the county's waste tire management program. (3) From funds available from the solid waste management fund, the department may provide grants to local education agencies, municipalities or counties to utilize recycled shredded tires for recreational applications. (4) Any county or entity requesting or applying for a grant or entering a contract with the department shall submit, prior to being approved for a grant or contract, a workplan and budget to reflect the expenditures of the grant or contract. The grants or contracts are to fulfill the objective of recycling waste tires and to assure that all expenditures of the contracts, grants, or any additional local tipping fees are not exceeding the cost of the county's waste tire management program.
(1) The department is authorized to use funds available from the solid waste management fund to contract directly with an approved beneficial end user or its designated agent for recycling of waste tires. Each beneficial end user or agent awarded such a contract shall demonstrate to the department's satisfaction the ability to provide collection, management and transportation to its facility of all eligible and available waste tires generated within the area or county specified by the department. Any such contract shall be subject to approval by the county legislative body of each county in whose territory the contract shall be operative. Any such contract shall also require an appropriate performance bond from any entity producing tire-derived fuel or crumbling or pyrolysis of tire material to ensure proper storage, transportation and ultimate sale or disposal of such materials.
(2) From funds available from the solid waste management fund, the department may provide grants to assist counties in locating, collecting and appropriately disposing of waste tires. Any county receiving a grant under this subdivision (c)(2) after July 1, 2000, shall not assess a tipping fee on the waste tires received at a county waste tire collection site so long as the amount of the grant covers the cost of the county's waste tire management program.
(3) From funds available from the solid waste management fund, the department may provide grants to local education agencies, municipalities or counties to utilize recycled shredded tires for recreational applications.
(4) Any county or entity requesting or applying for a grant or entering a contract with the department shall submit, prior to being approved for a grant or contract, a workplan and budget to reflect the expenditures of the grant or contract. The grants or contracts are to fulfill the objective of recycling waste tires and to assure that all expenditures of the contracts, grants, or any additional local tipping fees are not exceeding the cost of the county's waste tire management program.
(d) (1) A landfill shall not accept whole, unshredded waste tires for disposal. Landfill operators shall segregate whole, unshredded waste tires at landfills and provide a temporary storage area for such tires until transported to an appropriate facility to be used for an approved beneficial end use as defined in this section, or the tires are shredded and disposed of pursuant to subdivision (d)(2) and regulations promulgated by the board. (2) A county may not dispose of shredded waste tires in a landfill after July 1, 2002, if the county's net cost for shredding, transporting and disposing of waste tires exceeds the cost of an available beneficial end use. Nothing in this subsection (d) shall prohibit a county from electing to participate in a beneficial end use for waste tires at a cost that exceeds the county's net cost for shredding, transporting and disposing of waste tires in a landfill.
(1) A landfill shall not accept whole, unshredded waste tires for disposal. Landfill operators shall segregate whole, unshredded waste tires at landfills and provide a temporary storage area for such tires until transported to an appropriate facility to be used for an approved beneficial end use as defined in this section, or the tires are shredded and disposed of pursuant to subdivision (d)(2) and regulations promulgated by the board.
(2) A county may not dispose of shredded waste tires in a landfill after July 1, 2002, if the county's net cost for shredding, transporting and disposing of waste tires exceeds the cost of an available beneficial end use. Nothing in this subsection (d) shall prohibit a county from electing to participate in a beneficial end use for waste tires at a cost that exceeds the county's net cost for shredding, transporting and disposing of waste tires in a landfill.
Acts 1991, ch. 451, § 36; T.C.A., § 68-31-867; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 40; 1998, ch. 587, § 1; 2007, ch. 462, §§ 15-17, 19.
Tenn. Code Ann. § 68-212-501 — TN Code / Title 68 / Chapter 212 / Section 68-212-501
"Commissioner" defined
Status: in_force

As used in this part, "commissioner" means the commissioner of environment and conservation. Acts 2004, ch. 855, § 2.
As used in this part, "commissioner" means the commissioner of environment and conservation.
Acts 2004, ch. 855, § 2.
Tenn. Code Ann. § 68-221-704 — TN Code / Title 68 / Chapter 221 / Section 68-221-704
Duties and authority of board
Status: in_force

In the performance of its duties concerning safe drinking water, the board has the following duties and responsibilities, to: (1) Establish by rule or regulation such policies, requirements or standards governing the source, collection, distribution, purification, treatment and storage of water for public water systems as it deems necessary for the reasonable and proper use thereof in conformity with the intent of this part, and such rules and regulations may include a schedule of fees for reviewing plans, making inspections, and performing tests and analyses of water samples as permitted by this part; (2) Adopt, modify, repeal and promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, rules and regulations which the board deems necessary for the proper administration of this part. Such rules and regulations shall at a minimum: (A) Establish maximum contaminant levels for each contaminant which, in the board's judgment, may have an adverse effect on the public health; (B) Establish standards and procedures to assure an adequate supply of safe drinking water which dependably complies with maximum contaminant levels as determined in subdivision (2)(A). Such regulations may provide for: (i) The minimum quality of raw water which may be taken into a public water system; (ii) A program of laboratory certification; (iii) Monitoring and analysis; (iv) Record keeping and reporting; (v) Public notification by the water supplier of violations of the primary drinking water regulations and such other drinking water regulations as determined necessary by the board; (vi) Procedures for inspection of public water systems, inspection of records required to be kept and the taking of samples; (vii) Procedures for design and construction review and approval of new or modified public water systems; (viii) Siting of new public water system facilities as regards public health; (ix) Elimination of cross-connections in distribution systems; (x) A schedule of the amount of civil penalty which can be assessed by the commissioner for certain specific violations or categories of violations; and (xi) Such additional criteria and procedures as may be required to carry out the purposes of this part; (C) Establish criteria and procedures for setting performance bonds for water systems; (D) Establish standards and procedures for granting variances or exemptions from certain provisions of these rules and regulations; provided, that the standards or procedures established shall not permit any variance or exemption under conditions and in a manner which is less stringent than the conditions under and the manner in which variances or exemptions may be granted under §§ 1415 and 1416 of the national Safe Drinking Water Act, as amended ( 42 U.S.C. §§ 300g-4 and 300g-5 ); and (E) Establish a requirement that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity to comply with national primary drinking water regulations and this part and the rules promulgated hereunder; (3) Hear appeals from orders issued by the commissioner, or civil penalties imposed by the commissioner; affirm, modify or revoke such actions or orders of the commissioner; issue notices of such appeals; issue subpoenas requiring attendance of witnesses and production of evidence; administer oaths; and take such testimony as the board deems necessary. Any of these powers may be exercised on behalf of the board by any member or members thereof appointed by the chair, or by a hearing officer designated by the chair, subject to review by the board; and (4) Require the technical secretary to carry out surveys, research and investigations into all aspects of the supply of safe drinking water. Acts 1983, ch. 324, § 5; 1988, ch. 583, §§ 3, 4; T.C.A., § 68-13-704; Acts 1998, ch. 592, § 4.
In the performance of its duties concerning safe drinking water, the board has the following duties and responsibilities, to:
(1) Establish by rule or regulation such policies, requirements or standards governing the source, collection, distribution, purification, treatment and storage of water for public water systems as it deems necessary for the reasonable and proper use thereof in conformity with the intent of this part, and such rules and regulations may include a schedule of fees for reviewing plans, making inspections, and performing tests and analyses of water samples as permitted by this part;
(2) Adopt, modify, repeal and promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, rules and regulations which the board deems necessary for the proper administration of this part. Such rules and regulations shall at a minimum: (A) Establish maximum contaminant levels for each contaminant which, in the board's judgment, may have an adverse effect on the public health; (B) Establish standards and procedures to assure an adequate supply of safe drinking water which dependably complies with maximum contaminant levels as determined in subdivision (2)(A). Such regulations may provide for: (i) The minimum quality of raw water which may be taken into a public water system; (ii) A program of laboratory certification; (iii) Monitoring and analysis; (iv) Record keeping and reporting; (v) Public notification by the water supplier of violations of the primary drinking water regulations and such other drinking water regulations as determined necessary by the board; (vi) Procedures for inspection of public water systems, inspection of records required to be kept and the taking of samples; (vii) Procedures for design and construction review and approval of new or modified public water systems; (viii) Siting of new public water system facilities as regards public health; (ix) Elimination of cross-connections in distribution systems; (x) A schedule of the amount of civil penalty which can be assessed by the commissioner for certain specific violations or categories of violations; and (xi) Such additional criteria and procedures as may be required to carry out the purposes of this part; (C) Establish criteria and procedures for setting performance bonds for water systems; (D) Establish standards and procedures for granting variances or exemptions from certain provisions of these rules and regulations; provided, that the standards or procedures established shall not permit any variance or exemption under conditions and in a manner which is less stringent than the conditions under and the manner in which variances or exemptions may be granted under §§ 1415 and 1416 of the national Safe Drinking Water Act, as amended ( 42 U.S.C. §§ 300g-4 and 300g-5 ); and (E) Establish a requirement that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity to comply with national primary drinking water regulations and this part and the rules promulgated hereunder;
(A) Establish maximum contaminant levels for each contaminant which, in the board's judgment, may have an adverse effect on the public health;
(B) Establish standards and procedures to assure an adequate supply of safe drinking water which dependably complies with maximum contaminant levels as determined in subdivision (2)(A). Such regulations may provide for: (i) The minimum quality of raw water which may be taken into a public water system; (ii) A program of laboratory certification; (iii) Monitoring and analysis; (iv) Record keeping and reporting; (v) Public notification by the water supplier of violations of the primary drinking water regulations and such other drinking water regulations as determined necessary by the board; (vi) Procedures for inspection of public water systems, inspection of records required to be kept and the taking of samples; (vii) Procedures for design and construction review and approval of new or modified public water systems; (viii) Siting of new public water system facilities as regards public health; (ix) Elimination of cross-connections in distribution systems; (x) A schedule of the amount of civil penalty which can be assessed by the commissioner for certain specific violations or categories of violations; and (xi) Such additional criteria and procedures as may be required to carry out the purposes of this part;
(i) The minimum quality of raw water which may be taken into a public water system;
(ii) A program of laboratory certification;
(iii) Monitoring and analysis;
(iv) Record keeping and reporting;
(v) Public notification by the water supplier of violations of the primary drinking water regulations and such other drinking water regulations as determined necessary by the board;
(vi) Procedures for inspection of public water systems, inspection of records required to be kept and the taking of samples;
(vii) Procedures for design and construction review and approval of new or modified public water systems;
(viii) Siting of new public water system facilities as regards public health;
(ix) Elimination of cross-connections in distribution systems;
(x) A schedule of the amount of civil penalty which can be assessed by the commissioner for certain specific violations or categories of violations; and
(xi) Such additional criteria and procedures as may be required to carry out the purposes of this part;
(C) Establish criteria and procedures for setting performance bonds for water systems;
(D) Establish standards and procedures for granting variances or exemptions from certain provisions of these rules and regulations; provided, that the standards or procedures established shall not permit any variance or exemption under conditions and in a manner which is less stringent than the conditions under and the manner in which variances or exemptions may be granted under §§ 1415 and 1416 of the national Safe Drinking Water Act, as amended ( 42 U.S.C. §§ 300g-4 and 300g-5 ); and
(E) Establish a requirement that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity to comply with national primary drinking water regulations and this part and the rules promulgated hereunder;
(3) Hear appeals from orders issued by the commissioner, or civil penalties imposed by the commissioner; affirm, modify or revoke such actions or orders of the commissioner; issue notices of such appeals; issue subpoenas requiring attendance of witnesses and production of evidence; administer oaths; and take such testimony as the board deems necessary. Any of these powers may be exercised on behalf of the board by any member or members thereof appointed by the chair, or by a hearing officer designated by the chair, subject to review by the board; and
(4) Require the technical secretary to carry out surveys, research and investigations into all aspects of the supply of safe drinking water.
Acts 1983, ch. 324, § 5; 1988, ch. 583, §§ 3, 4; T.C.A., § 68-13-704; Acts 1998, ch. 592, § 4.
Tenn. Code Ann. § 68-221-703 — TN Code / Title 68 / Chapter 221 / Section 68-221-703
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Administrator" means the administrator of the United States environmental protection agency (EPA), or the administrator's designated representative; (2) "Board" means the Tennessee board of water quality, oil and gas as established by § 69-3-104 ; (3) "Certified laboratory" means any facility for performing bacteriological, chemical or other analysis on drinking water which has received interim or final certification by the department; (4) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative, and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner; (5) "Construction" means any placement, assembly or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises; (6) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water; (7) "Cross connection" means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains, or may contain, contaminated water, sewage or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices through which, or because of which, backflow could occur are considered to be cross-connections; (8) "Department" means the department of environment and conservation; (9) "Director" means the director of the division of water supply; (10) "Division" means the division of water supply of the department; (11) "Drinking water regulations" means regulations promulgated pursuant to this part; (12) "Federal act" means the Safe Drinking Water Act, P.L. 93-523, as amended; (13) "Ground water" means water beneath the surface of the ground, whether or not flowing through known or definite channels; (14) "Lead free" means: (A) Not containing more than two-tenths of one percent (0.2%) lead when used with respect to solder and flux; and (B) (i) Not more than a weighted average of twenty-five-hundredths of one percent (0.25%) lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures; (ii) The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula: For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product; (iii) The lead content of the material used to produce wetted components shall be used to determine compliance with this subdivision (14)(B); (iv) For lead content of materials that is provided as a range, the maximum content of the range shall be used; (15) "Maximum contaminant level" means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system; (16) "National primary drinking water regulations" means primary drinking water regulations, as amended, promulgated by the administrator pursuant to the federal act; (17) "Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country; (18) "Primary drinking water regulations" are regulations promulgated by the board in accordance with this part which specify contaminants which may have any adverse effect on the health of persons, and which specify a maximum contaminant level for each such contaminant and monitoring, reporting and record-keeping requirements as determined by the board; (19) Public Water System. (A) In general. "Public water system" means a system for the provision of water for human consumption through pipes or other constructed conveyances, if such serves fifteen (15) or more connections or which regularly serves twenty-five (25) or more individuals daily at least sixty (60) days out of the year. A public water system includes: (i) Any collection, treatment, storage or distribution facility under control of the operator of such system and used primarily in connection with such system; and (ii) Any collection or pretreatment storage facility not under such control which is used primarily in connection with such system. (B) Connection. (i) In general. For purposes of subdivision (19)(A), a connection to a system that delivers water by a conveyance other than a pipe shall not be considered a connection, if: (a) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses); (b) The commissioner determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or (c) The commissioner determines that the water provided for residential or similar uses for drinking, cooking and bathing is centrally treated or treated at the point of entry by the provider, a pass through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations. (ii) Irrigation Districts. An irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use shall not be considered to be a public water system if the system or the residential or similar users of the system comply with subdivision (19)(B)(i)( b ) or ( c ); (20) "Secondary drinking water regulations" means regulations which apply to public water systems and which specify the maximum contaminant levels which, in the judgment of the board, are requisite to protect the public welfare. Such regulations may apply to any contaminant in drinking water which may: (A) Adversely affect the odor or appearance of such water and consequently may cause a substantial number of persons served by the public water system providing such water to discontinue its use; or (B) Otherwise adversely affect the public welfare; (21) "Streams" includes any river, creek, slough or natural water course in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. The fact that some parts of the bed or channel have been dredged or improved does not prevent the water course from being a stream; (22) "Supplier of water" means any person who owns, operates or controls a public water system; (23) "Surface water" includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs; and (24) "Waters" means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee, or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters. Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021. Amended by 2015 Tenn. Acts, ch. 56, s 1, eff. 7/1/2015. Acts 1983, ch. 324, § 4; 1988, ch. 583, § 2; T.C.A. § 68-13-703; Acts 1998, ch. 592, §§ 1 - 3.
As used in this part, unless the context otherwise requires:
(1) "Administrator" means the administrator of the United States environmental protection agency (EPA), or the administrator's designated representative;
(2) "Board" means the Tennessee board of water quality, oil and gas as established by § 69-3-104 ;
(3) "Certified laboratory" means any facility for performing bacteriological, chemical or other analysis on drinking water which has received interim or final certification by the department;
(4) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative, and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner;
(5) "Construction" means any placement, assembly or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises;
(6) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water;
(7) "Cross connection" means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains, or may contain, contaminated water, sewage or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices through which, or because of which, backflow could occur are considered to be cross-connections;
(8) "Department" means the department of environment and conservation;
(9) "Director" means the director of the division of water supply;
(10) "Division" means the division of water supply of the department;
(11) "Drinking water regulations" means regulations promulgated pursuant to this part;
(12) "Federal act" means the Safe Drinking Water Act, P.L. 93-523, as amended;
(13) "Ground water" means water beneath the surface of the ground, whether or not flowing through known or definite channels;
(14) "Lead free" means: (A) Not containing more than two-tenths of one percent (0.2%) lead when used with respect to solder and flux; and (B) (i) Not more than a weighted average of twenty-five-hundredths of one percent (0.25%) lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures; (ii) The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula: For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product; (iii) The lead content of the material used to produce wetted components shall be used to determine compliance with this subdivision (14)(B); (iv) For lead content of materials that is provided as a range, the maximum content of the range shall be used;
(A) Not containing more than two-tenths of one percent (0.2%) lead when used with respect to solder and flux; and
(B) (i) Not more than a weighted average of twenty-five-hundredths of one percent (0.25%) lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures; (ii) The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula: For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product; (iii) The lead content of the material used to produce wetted components shall be used to determine compliance with this subdivision (14)(B); (iv) For lead content of materials that is provided as a range, the maximum content of the range shall be used;
(i) Not more than a weighted average of twenty-five-hundredths of one percent (0.25%) lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures;
(ii) The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula: For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product;
(iii) The lead content of the material used to produce wetted components shall be used to determine compliance with this subdivision (14)(B);
(iv) For lead content of materials that is provided as a range, the maximum content of the range shall be used;
(15) "Maximum contaminant level" means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system;
(16) "National primary drinking water regulations" means primary drinking water regulations, as amended, promulgated by the administrator pursuant to the federal act;
(17) "Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country;
(18) "Primary drinking water regulations" are regulations promulgated by the board in accordance with this part which specify contaminants which may have any adverse effect on the health of persons, and which specify a maximum contaminant level for each such contaminant and monitoring, reporting and record-keeping requirements as determined by the board;
(19) Public Water System. (A) In general. "Public water system" means a system for the provision of water for human consumption through pipes or other constructed conveyances, if such serves fifteen (15) or more connections or which regularly serves twenty-five (25) or more individuals daily at least sixty (60) days out of the year. A public water system includes: (i) Any collection, treatment, storage or distribution facility under control of the operator of such system and used primarily in connection with such system; and (ii) Any collection or pretreatment storage facility not under such control which is used primarily in connection with such system. (B) Connection. (i) In general. For purposes of subdivision (19)(A), a connection to a system that delivers water by a conveyance other than a pipe shall not be considered a connection, if: (a) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses); (b) The commissioner determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or (c) The commissioner determines that the water provided for residential or similar uses for drinking, cooking and bathing is centrally treated or treated at the point of entry by the provider, a pass through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations. (ii) Irrigation Districts. An irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use shall not be considered to be a public water system if the system or the residential or similar users of the system comply with subdivision (19)(B)(i)( b ) or ( c );
(A) In general. "Public water system" means a system for the provision of water for human consumption through pipes or other constructed conveyances, if such serves fifteen (15) or more connections or which regularly serves twenty-five (25) or more individuals daily at least sixty (60) days out of the year. A public water system includes: (i) Any collection, treatment, storage or distribution facility under control of the operator of such system and used primarily in connection with such system; and (ii) Any collection or pretreatment storage facility not under such control which is used primarily in connection with such system.
(i) Any collection, treatment, storage or distribution facility under control of the operator of such system and used primarily in connection with such system; and
(ii) Any collection or pretreatment storage facility not under such control which is used primarily in connection with such system.
(B) Connection. (i) In general. For purposes of subdivision (19)(A), a connection to a system that delivers water by a conveyance other than a pipe shall not be considered a connection, if: (a) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses); (b) The commissioner determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or (c) The commissioner determines that the water provided for residential or similar uses for drinking, cooking and bathing is centrally treated or treated at the point of entry by the provider, a pass through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations. (ii) Irrigation Districts. An irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use shall not be considered to be a public water system if the system or the residential or similar users of the system comply with subdivision (19)(B)(i)( b ) or ( c );
(i) In general. For purposes of subdivision (19)(A), a connection to a system that delivers water by a conveyance other than a pipe shall not be considered a connection, if: (a) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses); (b) The commissioner determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or (c) The commissioner determines that the water provided for residential or similar uses for drinking, cooking and bathing is centrally treated or treated at the point of entry by the provider, a pass through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations.
(a) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses);
(b) The commissioner determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or
(c) The commissioner determines that the water provided for residential or similar uses for drinking, cooking and bathing is centrally treated or treated at the point of entry by the provider, a pass through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations.
(ii) Irrigation Districts. An irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use shall not be considered to be a public water system if the system or the residential or similar users of the system comply with subdivision (19)(B)(i)( b ) or ( c );
(20) "Secondary drinking water regulations" means regulations which apply to public water systems and which specify the maximum contaminant levels which, in the judgment of the board, are requisite to protect the public welfare. Such regulations may apply to any contaminant in drinking water which may: (A) Adversely affect the odor or appearance of such water and consequently may cause a substantial number of persons served by the public water system providing such water to discontinue its use; or (B) Otherwise adversely affect the public welfare;
(A) Adversely affect the odor or appearance of such water and consequently may cause a substantial number of persons served by the public water system providing such water to discontinue its use; or
(B) Otherwise adversely affect the public welfare;
(21) "Streams" includes any river, creek, slough or natural water course in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. The fact that some parts of the bed or channel have been dredged or improved does not prevent the water course from being a stream;
(22) "Supplier of water" means any person who owns, operates or controls a public water system;
(23) "Surface water" includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs; and
(24) "Waters" means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee, or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Amended by 2015 Tenn. Acts, ch. 56, s 1, eff. 7/1/2015.
Acts 1983, ch. 324, § 4; 1988, ch. 583, § 2; T.C.A. § 68-13-703; Acts 1998, ch. 592, §§ 1 - 3.
Tenn. Code Ann. § 68-212-210 — TN Code / Title 68 / Chapter 212 / Section 68-212-210
Funds for responsible waste disposal
Status: in_force

(a) The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish eligibility requirements for a local government to receive funds, if any, appropriated by the general assembly in the general appropriations act to encourage responsible waste disposal. (b) At a minimum, for a local government to be eligible to receive such funds, the commercial facility must be located within the jurisdiction of such local government, such facility must have a permit to operate pursuant to § 68-212-108 , such facility must be constructed and operational and the following standards must be met: (1) The facility is multi-purpose with both land disposal capability and facilities for advanced technology, high-temperature thermal treatment; (2) The facility has a minimum design capacity to operate for twenty (20) years; (3) The facility is operated pursuant to part 1 of this chapter; and (4) The local government with jurisdiction over the facility does not have any zoning requirement, subdivision regulation, ordinance, regulation or other provision of law which is more stringent than state law regarding the location and operation of the facility. (c) If the facility is located in the jurisdiction of more than one (1) local government, the money shall be apportioned between the eligible governments. (d) Twenty-five percent (25%) of the funds distributed to the local government shall be earmarked for conducting tests pursuant to § 68-212-208 and for monitoring, assessing, and abating health risks and hazards associated with the commercial facility. Acts 1983, ch. 423, § 10; 1988, ch. 578, § 5; T.C.A., § 68-46-210.
(a) The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish eligibility requirements for a local government to receive funds, if any, appropriated by the general assembly in the general appropriations act to encourage responsible waste disposal.
(b) At a minimum, for a local government to be eligible to receive such funds, the commercial facility must be located within the jurisdiction of such local government, such facility must have a permit to operate pursuant to § 68-212-108 , such facility must be constructed and operational and the following standards must be met: (1) The facility is multi-purpose with both land disposal capability and facilities for advanced technology, high-temperature thermal treatment; (2) The facility has a minimum design capacity to operate for twenty (20) years; (3) The facility is operated pursuant to part 1 of this chapter; and (4) The local government with jurisdiction over the facility does not have any zoning requirement, subdivision regulation, ordinance, regulation or other provision of law which is more stringent than state law regarding the location and operation of the facility.
(1) The facility is multi-purpose with both land disposal capability and facilities for advanced technology, high-temperature thermal treatment;
(2) The facility has a minimum design capacity to operate for twenty (20) years;
(3) The facility is operated pursuant to part 1 of this chapter; and
(4) The local government with jurisdiction over the facility does not have any zoning requirement, subdivision regulation, ordinance, regulation or other provision of law which is more stringent than state law regarding the location and operation of the facility.
(c) If the facility is located in the jurisdiction of more than one (1) local government, the money shall be apportioned between the eligible governments.
(d) Twenty-five percent (25%) of the funds distributed to the local government shall be earmarked for conducting tests pursuant to § 68-212-208 and for monitoring, assessing, and abating health risks and hazards associated with the commercial facility.
Acts 1983, ch. 423, § 10; 1988, ch. 578, § 5; T.C.A., § 68-46-210.
Tenn. Code Ann. § 68-212-403 — TN Code / Title 68 / Chapter 212 / Section 68-212-403
Indicia of ownership after foreclosure
Status: in_force

(a) The indicia of ownership, held after foreclosure continues to be maintained primarily as a protection for a security interest; provided, that the holder did not participate in the management prior to foreclosure and its equivalents and that the holder undertakes to sell, re-lease property pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or otherwise divest itself of site, vessel or facility in a reasonably expeditious manner in accordance with the means and procedures specified in this part. Such a holder may liquidate, maintain business activities and operations, wind up operations, undertake environmental response actions pursuant to state, local, and federal laws, and take measures to preserve, protect or prepare the secured asset prior to sale or other disposition, without losing status as a person who maintains indicia of ownership primarily to protect a security interest pursuant to this chapter. (b) For the purposes of establishing that a holder is seeking to sell, re-lease property pursuant to a new lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or divest itself of a site, vessel or facility in a reasonably expeditious manner, the holder may use whatever commercially reasonable means are relevant or appropriate with respect to the site, vessel or facility, taking all facts and circumstances into consideration, or may employ the means specified in this part. (c) (1) A holder that outbids, rejects or fails to act upon a written bona fide, firm offer of fair consideration within ninety (90) days of receipt of the offer, provided the offer is received at any time after six (6) months following the date of foreclosure and its equivalents, shall not be deemed to be using a commercially reasonable means for the purpose of this part. "Written bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed site, vessel or facility, including all material terms of the transaction, from a ready, willing, and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For the purpose of this subsection (c), the six-month period begins to run from the time that the holder acquires a marketable title; provided, that the holder, after the expiration of any redemption or other waiting period provided by law, was acting diligently to acquire marketable title. (2) A holder that outbids, rejects, or fails to act upon an offer of fair consideration for the site, vessel or facility as provided in subdivision (c)(1) establishes that the ownership indicia in a secured property are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal, state or local law, to make a higher bid, to obtain a higher offer, or to seek or obtain an offer in a different manner. (d) A holder establishes that it is proceeding in a commercially reasonable manner after foreclosure by within twelve (12) months following foreclosure and its equivalents, listing the site, vessel or facility with a broker, dealer, or agent who deals with the type of property in question; or by advertising the site, vessel or facility as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the site, vessel or facility in question, or a newspaper of general circulation (defined as one with a circulation over ten thousand (10,000), or one suitable under any applicable federal, state or local rules of court for publication required by court order or rules of civil procedure) covering the area where the property is located. For purposes of this subsection (d), the twelve-month period begins to run from the time that the holder acquires marketable title, provided that the holder, after the expiration of any redemption or other waiting period provided by law, was acting diligently to acquire marketable title. (e) (1) A holder shall sell, re-lease the property held pursuant to a new lease financing transaction, or otherwise divest itself of such site, vessel or facility in a reasonably expeditious manner, but not later than five (5) years after the date of foreclosure or its equivalents, except that a holder may continue to hold the property for a time period longer than five (5) years without losing status as a person who maintains indicia of ownership primarily to protect a security interest if: (A) The holder has made a good faith effort to sell, re-lease, or otherwise divest itself of the property using commercially reasonable means or other procedures prescribed by this part; (B) The holder has obtained any approval required pursuant to applicable federal, state or local banking or other lending laws to continue its possession of the property; or (C) The holder has exercised reasonable custodial care to prevent or mitigate any new discharges from the site, vessel or facility that could substantially diminish the market value of the property. (2) (A) The exemption granted to holders pursuant to this section shall not apply to the liability for any new discharge from the site, vessel or facility, occurring after the date of foreclosure and its equivalents, that is attributable to acts or omissions of the holder which can be shown, based on a preponderance of the evidence, to have been negligent. In the event a property has both preexisting and new discharges, the liability, if any, allocable to the holder pursuant to this subsection (e) shall be limited to those cleanup costs or damages that relate directly to the new discharge. In the event there is a substantial commingling of new discharge with preexisting discharge, the liability, if any, allocable to the holder pursuant to this subsection (e) shall be limited to the cleanup costs or damages in excess of those cleanup costs or damages relating to a preexisting discharge. In order to establish that a discharge occurred or began prior to the date of foreclosure and its equivalents, a holder may perform, but shall not be required to perform, an environmental audit, site assessment or inspection, in accordance with the assessment standards, to identify such discharges at the site, vessel or facility. (B) Nothing in this subsection (e) shall be deemed to impose liability for a new discharge from the site, vessel or facility that is authorized pursuant to a federal, state or local permit or cleanup procedure. (C) The exemption granted to holders of indicia of ownership primarily to protect a security interest shall not apply to liability, if any, pursuant to applicable laws and regulations, for arranging for the off-site disposal or treatment of a hazardous substance, or by accepting for transportation and disposing of a hazardous substance at an off-site facility selected by the holder, unless pursuant to a remediation plan approved by the appropriate local, state and/or federal authorities. Acts 1995, ch. 375, § 6.
(a) The indicia of ownership, held after foreclosure continues to be maintained primarily as a protection for a security interest; provided, that the holder did not participate in the management prior to foreclosure and its equivalents and that the holder undertakes to sell, re-lease property pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or otherwise divest itself of site, vessel or facility in a reasonably expeditious manner in accordance with the means and procedures specified in this part. Such a holder may liquidate, maintain business activities and operations, wind up operations, undertake environmental response actions pursuant to state, local, and federal laws, and take measures to preserve, protect or prepare the secured asset prior to sale or other disposition, without losing status as a person who maintains indicia of ownership primarily to protect a security interest pursuant to this chapter.
(b) For the purposes of establishing that a holder is seeking to sell, re-lease property pursuant to a new lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or divest itself of a site, vessel or facility in a reasonably expeditious manner, the holder may use whatever commercially reasonable means are relevant or appropriate with respect to the site, vessel or facility, taking all facts and circumstances into consideration, or may employ the means specified in this part.
(c) (1) A holder that outbids, rejects or fails to act upon a written bona fide, firm offer of fair consideration within ninety (90) days of receipt of the offer, provided the offer is received at any time after six (6) months following the date of foreclosure and its equivalents, shall not be deemed to be using a commercially reasonable means for the purpose of this part. "Written bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed site, vessel or facility, including all material terms of the transaction, from a ready, willing, and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For the purpose of this subsection (c), the six-month period begins to run from the time that the holder acquires a marketable title; provided, that the holder, after the expiration of any redemption or other waiting period provided by law, was acting diligently to acquire marketable title. (2) A holder that outbids, rejects, or fails to act upon an offer of fair consideration for the site, vessel or facility as provided in subdivision (c)(1) establishes that the ownership indicia in a secured property are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal, state or local law, to make a higher bid, to obtain a higher offer, or to seek or obtain an offer in a different manner.
(1) A holder that outbids, rejects or fails to act upon a written bona fide, firm offer of fair consideration within ninety (90) days of receipt of the offer, provided the offer is received at any time after six (6) months following the date of foreclosure and its equivalents, shall not be deemed to be using a commercially reasonable means for the purpose of this part. "Written bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed site, vessel or facility, including all material terms of the transaction, from a ready, willing, and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For the purpose of this subsection (c), the six-month period begins to run from the time that the holder acquires a marketable title; provided, that the holder, after the expiration of any redemption or other waiting period provided by law, was acting diligently to acquire marketable title.
(2) A holder that outbids, rejects, or fails to act upon an offer of fair consideration for the site, vessel or facility as provided in subdivision (c)(1) establishes that the ownership indicia in a secured property are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal, state or local law, to make a higher bid, to obtain a higher offer, or to seek or obtain an offer in a different manner.
(d) A holder establishes that it is proceeding in a commercially reasonable manner after foreclosure by within twelve (12) months following foreclosure and its equivalents, listing the site, vessel or facility with a broker, dealer, or agent who deals with the type of property in question; or by advertising the site, vessel or facility as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the site, vessel or facility in question, or a newspaper of general circulation (defined as one with a circulation over ten thousand (10,000), or one suitable under any applicable federal, state or local rules of court for publication required by court order or rules of civil procedure) covering the area where the property is located. For purposes of this subsection (d), the twelve-month period begins to run from the time that the holder acquires marketable title, provided that the holder, after the expiration of any redemption or other waiting period provided by law, was acting diligently to acquire marketable title.
(e) (1) A holder shall sell, re-lease the property held pursuant to a new lease financing transaction, or otherwise divest itself of such site, vessel or facility in a reasonably expeditious manner, but not later than five (5) years after the date of foreclosure or its equivalents, except that a holder may continue to hold the property for a time period longer than five (5) years without losing status as a person who maintains indicia of ownership primarily to protect a security interest if: (A) The holder has made a good faith effort to sell, re-lease, or otherwise divest itself of the property using commercially reasonable means or other procedures prescribed by this part; (B) The holder has obtained any approval required pursuant to applicable federal, state or local banking or other lending laws to continue its possession of the property; or (C) The holder has exercised reasonable custodial care to prevent or mitigate any new discharges from the site, vessel or facility that could substantially diminish the market value of the property. (2) (A) The exemption granted to holders pursuant to this section shall not apply to the liability for any new discharge from the site, vessel or facility, occurring after the date of foreclosure and its equivalents, that is attributable to acts or omissions of the holder which can be shown, based on a preponderance of the evidence, to have been negligent. In the event a property has both preexisting and new discharges, the liability, if any, allocable to the holder pursuant to this subsection (e) shall be limited to those cleanup costs or damages that relate directly to the new discharge. In the event there is a substantial commingling of new discharge with preexisting discharge, the liability, if any, allocable to the holder pursuant to this subsection (e) shall be limited to the cleanup costs or damages in excess of those cleanup costs or damages relating to a preexisting discharge. In order to establish that a discharge occurred or began prior to the date of foreclosure and its equivalents, a holder may perform, but shall not be required to perform, an environmental audit, site assessment or inspection, in accordance with the assessment standards, to identify such discharges at the site, vessel or facility. (B) Nothing in this subsection (e) shall be deemed to impose liability for a new discharge from the site, vessel or facility that is authorized pursuant to a federal, state or local permit or cleanup procedure. (C) The exemption granted to holders of indicia of ownership primarily to protect a security interest shall not apply to liability, if any, pursuant to applicable laws and regulations, for arranging for the off-site disposal or treatment of a hazardous substance, or by accepting for transportation and disposing of a hazardous substance at an off-site facility selected by the holder, unless pursuant to a remediation plan approved by the appropriate local, state and/or federal authorities.
(1) A holder shall sell, re-lease the property held pursuant to a new lease financing transaction, or otherwise divest itself of such site, vessel or facility in a reasonably expeditious manner, but not later than five (5) years after the date of foreclosure or its equivalents, except that a holder may continue to hold the property for a time period longer than five (5) years without losing status as a person who maintains indicia of ownership primarily to protect a security interest if: (A) The holder has made a good faith effort to sell, re-lease, or otherwise divest itself of the property using commercially reasonable means or other procedures prescribed by this part; (B) The holder has obtained any approval required pursuant to applicable federal, state or local banking or other lending laws to continue its possession of the property; or (C) The holder has exercised reasonable custodial care to prevent or mitigate any new discharges from the site, vessel or facility that could substantially diminish the market value of the property.
(A) The holder has made a good faith effort to sell, re-lease, or otherwise divest itself of the property using commercially reasonable means or other procedures prescribed by this part;
(B) The holder has obtained any approval required pursuant to applicable federal, state or local banking or other lending laws to continue its possession of the property; or
(C) The holder has exercised reasonable custodial care to prevent or mitigate any new discharges from the site, vessel or facility that could substantially diminish the market value of the property.
(2) (A) The exemption granted to holders pursuant to this section shall not apply to the liability for any new discharge from the site, vessel or facility, occurring after the date of foreclosure and its equivalents, that is attributable to acts or omissions of the holder which can be shown, based on a preponderance of the evidence, to have been negligent. In the event a property has both preexisting and new discharges, the liability, if any, allocable to the holder pursuant to this subsection (e) shall be limited to those cleanup costs or damages that relate directly to the new discharge. In the event there is a substantial commingling of new discharge with preexisting discharge, the liability, if any, allocable to the holder pursuant to this subsection (e) shall be limited to the cleanup costs or damages in excess of those cleanup costs or damages relating to a preexisting discharge. In order to establish that a discharge occurred or began prior to the date of foreclosure and its equivalents, a holder may perform, but shall not be required to perform, an environmental audit, site assessment or inspection, in accordance with the assessment standards, to identify such discharges at the site, vessel or facility. (B) Nothing in this subsection (e) shall be deemed to impose liability for a new discharge from the site, vessel or facility that is authorized pursuant to a federal, state or local permit or cleanup procedure. (C) The exemption granted to holders of indicia of ownership primarily to protect a security interest shall not apply to liability, if any, pursuant to applicable laws and regulations, for arranging for the off-site disposal or treatment of a hazardous substance, or by accepting for transportation and disposing of a hazardous substance at an off-site facility selected by the holder, unless pursuant to a remediation plan approved by the appropriate local, state and/or federal authorities.
(A) The exemption granted to holders pursuant to this section shall not apply to the liability for any new discharge from the site, vessel or facility, occurring after the date of foreclosure and its equivalents, that is attributable to acts or omissions of the holder which can be shown, based on a preponderance of the evidence, to have been negligent. In the event a property has both preexisting and new discharges, the liability, if any, allocable to the holder pursuant to this subsection (e) shall be limited to those cleanup costs or damages that relate directly to the new discharge. In the event there is a substantial commingling of new discharge with preexisting discharge, the liability, if any, allocable to the holder pursuant to this subsection (e) shall be limited to the cleanup costs or damages in excess of those cleanup costs or damages relating to a preexisting discharge. In order to establish that a discharge occurred or began prior to the date of foreclosure and its equivalents, a holder may perform, but shall not be required to perform, an environmental audit, site assessment or inspection, in accordance with the assessment standards, to identify such discharges at the site, vessel or facility.
(B) Nothing in this subsection (e) shall be deemed to impose liability for a new discharge from the site, vessel or facility that is authorized pursuant to a federal, state or local permit or cleanup procedure.
(C) The exemption granted to holders of indicia of ownership primarily to protect a security interest shall not apply to liability, if any, pursuant to applicable laws and regulations, for arranging for the off-site disposal or treatment of a hazardous substance, or by accepting for transportation and disposing of a hazardous substance at an off-site facility selected by the holder, unless pursuant to a remediation plan approved by the appropriate local, state and/or federal authorities.
Acts 1995, ch. 375, § 6.
Tenn. Code Ann. § 68-211-823 — TN Code / Title 68 / Chapter 211 / Section 68-211-823
Annual plan maintenance grants - Planning assistance grants
Status: in_force

From available funds in the solid waste management fund established in § 68-211-821 , the department shall award: (1) Annual plan maintenance grants to development districts in order to assist such districts in revising data, maintaining district needs assessments, and assisting counties within the district; and (2) Planning assistance grants to each county or solid waste region in order to assist such counties or regions in developing, revising and maintaining regional plans required by § 68-211-814 . Acts 1991, ch. 451, § 19; T.C.A., § 68-31-823; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 24.
From available funds in the solid waste management fund established in § 68-211-821 , the department shall award:
(1) Annual plan maintenance grants to development districts in order to assist such districts in revising data, maintaining district needs assessments, and assisting counties within the district; and
(2) Planning assistance grants to each county or solid waste region in order to assist such counties or regions in developing, revising and maintaining regional plans required by § 68-211-814 .
Acts 1991, ch. 451, § 19; T.C.A., § 68-31-823; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 24.
Tenn. Code Ann. § 68-212-118 — TN Code / Title 68 / Chapter 212 / Section 68-212-118
Reports evaluating regulatory program
Status: in_force

Annually, no later than December 1, the board and the commissioner shall submit a written report to the speakers of both houses of the general assembly evaluating all aspects of the performance of the hazardous waste regulatory program during the prior calendar year. The annual report must include, but not necessarily be limited to, the following data: (1) The number and type of hazardous waste handlers permitted and/or registered by the commissioner; (2) A list of hazardous waste generators, transporters, and disposal facilities in Tennessee; (3) Fees due, paid, and past due; (4) The amount of hazardous wastewater and other hazardous waste generated or handled in Tennessee, including the amount shipped into Tennessee from other states and the amounts shipped from Tennessee to other states; (5) The number of permit applications received, granted, requested, and pending, by type; (6) The number and type of enforcement actions in process and initiated during the reporting period; and (7) Any recommendations for legislative action to improve the hazardous waste regulatory program. Amended by 2020 Tenn. Acts, ch. 593, s 3, eff. 3/20/2020. Acts 1984, ch. 908, §§ 5, 7; 1985, ch. 337, § 6; T.C.A., § 68-46-118.
Annually, no later than December 1, the board and the commissioner shall submit a written report to the speakers of both houses of the general assembly evaluating all aspects of the performance of the hazardous waste regulatory program during the prior calendar year. The annual report must include, but not necessarily be limited to, the following data:
(1) The number and type of hazardous waste handlers permitted and/or registered by the commissioner;
(2) A list of hazardous waste generators, transporters, and disposal facilities in Tennessee;
(3) Fees due, paid, and past due;
(4) The amount of hazardous wastewater and other hazardous waste generated or handled in Tennessee, including the amount shipped into Tennessee from other states and the amounts shipped from Tennessee to other states;
(5) The number of permit applications received, granted, requested, and pending, by type;
(6) The number and type of enforcement actions in process and initiated during the reporting period; and
(7) Any recommendations for legislative action to improve the hazardous waste regulatory program.
Amended by 2020 Tenn. Acts, ch. 593, s 3, eff. 3/20/2020.
Acts 1984, ch. 908, §§ 5, 7; 1985, ch. 337, § 6; T.C.A., § 68-46-118.
Tenn. Code Ann. § 68-201-116 — TN Code / Title 68 / Chapter 201 / Section 68-201-116
Orders and assessments of damages and civil penalty - Appeal
Status: in_force

(a) When the technical secretary discovers that any provision of this part or of any regulation promulgated under this part has been violated, the technical secretary may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or sent by certified mail, return receipt requested. The recipient of such an order may appeal in the same manner as with an assessment of damages or civil penalty under subsection (b). (b) (1) In addition to the criminal penalties of § 68-201-112 , any person who violates or fails to comply with any provision of this part or any rule, regulation, ordinance, or standard adopted pursuant to this part shall be subject to a civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day of violation. Any person against whom an assessment in excess of ten thousand dollars ($10,000) for each violation has been issued by a local pollution control program pursuant to this section may petition the technical secretary for de novo review of the assessment under this section. The technical secretary shall render an initial determination, and that initial determination may be appealed to the board pursuant to this section. Each day such violation continues constitutes a separate punishable offense, and such person shall also be liable for any damages to the state resulting from the continued violation. (2) Any civil penalty or damages shall be assessed in the following manner: (A) The technical secretary or any municipality or county operating under a certificate of exemption pursuant to § 68-201-115 may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; (B) Any person against whom an assessment has been issued may appeal the assessment by filing a petition for review with the technical secretary or the respective municipality or county within thirty (30) days of receipt of the assessment, setting forth the grounds and reasons for such person's objections and requesting a hearing on the matter; and (C) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final. (c) In assessing such civil penalty, the factors specified in § 68-201-106 may be considered. Damages to the state or respective municipality or county may include any expenses incurred in investigating the enforcing of this part, in removing, correcting, or terminating the effects of air pollution and also compensation for any expense, loss or destruction of plant or animal life or any other actual damages or clean-up expenses caused by the pollution or by the violation. The plea of financial inability to prevent, abate or control pollution by the polluter or violator shall not be a valid defense to liability for violations of this part or of regulations or ordinances promulgated under this part. (d) The issuance of an order or assessment of civil penalty by a municipality or county operating under a certificate of exemption as provided for in this part is intended to provide additional and cumulative remedies to prevent, abate and control air pollution in this state. Nothing in this subsection (d) shall be construed to preempt, supersede, abridge or otherwise alter any rights, action or remedies of the technical secretary, board or commissioner. (e) (1) Whenever any order or assessment under this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of: (A) The chancery court of Davidson County, if the final order or assessment is from the board, the commissioner or the technical secretary; or (B) The chancery court of the county in which all or part of the violation or failure to comply occurred, if the final order or assessment is from any municipality or county. (2) When filed in accordance with subdivision (e)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited in the order of assessment. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6. (3) (A) A judgment under subdivision (e)(2) shall become final thirty (30) days after the date a summons has been served upon the defendant, if the final order or assessment resulting in the judgment is from the board. (B) Except as provided in subdivision (e)(3)(A), within forty-five (45) days after entry of a judgment under subdivision (e)(2), any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion to intervene, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion to intervene is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry. (4) A final judgment under this subsection (e) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state. Acts 1979, ch. 299, § 4; T.C.A., § 53-3423; Acts 1984, ch. 788, § 13; 1987, ch. 263, §§ 1-7; 1989, ch. 321, §§ 1, 2; T.C.A., § 68-25-116.
(a) When the technical secretary discovers that any provision of this part or of any regulation promulgated under this part has been violated, the technical secretary may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or sent by certified mail, return receipt requested. The recipient of such an order may appeal in the same manner as with an assessment of damages or civil penalty under subsection (b).
(b) (1) In addition to the criminal penalties of § 68-201-112 , any person who violates or fails to comply with any provision of this part or any rule, regulation, ordinance, or standard adopted pursuant to this part shall be subject to a civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day of violation. Any person against whom an assessment in excess of ten thousand dollars ($10,000) for each violation has been issued by a local pollution control program pursuant to this section may petition the technical secretary for de novo review of the assessment under this section. The technical secretary shall render an initial determination, and that initial determination may be appealed to the board pursuant to this section. Each day such violation continues constitutes a separate punishable offense, and such person shall also be liable for any damages to the state resulting from the continued violation. (2) Any civil penalty or damages shall be assessed in the following manner: (A) The technical secretary or any municipality or county operating under a certificate of exemption pursuant to § 68-201-115 may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; (B) Any person against whom an assessment has been issued may appeal the assessment by filing a petition for review with the technical secretary or the respective municipality or county within thirty (30) days of receipt of the assessment, setting forth the grounds and reasons for such person's objections and requesting a hearing on the matter; and (C) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final.
(1) In addition to the criminal penalties of § 68-201-112 , any person who violates or fails to comply with any provision of this part or any rule, regulation, ordinance, or standard adopted pursuant to this part shall be subject to a civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day of violation. Any person against whom an assessment in excess of ten thousand dollars ($10,000) for each violation has been issued by a local pollution control program pursuant to this section may petition the technical secretary for de novo review of the assessment under this section. The technical secretary shall render an initial determination, and that initial determination may be appealed to the board pursuant to this section. Each day such violation continues constitutes a separate punishable offense, and such person shall also be liable for any damages to the state resulting from the continued violation.
(2) Any civil penalty or damages shall be assessed in the following manner: (A) The technical secretary or any municipality or county operating under a certificate of exemption pursuant to § 68-201-115 may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; (B) Any person against whom an assessment has been issued may appeal the assessment by filing a petition for review with the technical secretary or the respective municipality or county within thirty (30) days of receipt of the assessment, setting forth the grounds and reasons for such person's objections and requesting a hearing on the matter; and (C) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final.
(A) The technical secretary or any municipality or county operating under a certificate of exemption pursuant to § 68-201-115 may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested;
(B) Any person against whom an assessment has been issued may appeal the assessment by filing a petition for review with the technical secretary or the respective municipality or county within thirty (30) days of receipt of the assessment, setting forth the grounds and reasons for such person's objections and requesting a hearing on the matter; and
(C) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final.
(c) In assessing such civil penalty, the factors specified in § 68-201-106 may be considered. Damages to the state or respective municipality or county may include any expenses incurred in investigating the enforcing of this part, in removing, correcting, or terminating the effects of air pollution and also compensation for any expense, loss or destruction of plant or animal life or any other actual damages or clean-up expenses caused by the pollution or by the violation. The plea of financial inability to prevent, abate or control pollution by the polluter or violator shall not be a valid defense to liability for violations of this part or of regulations or ordinances promulgated under this part.
(d) The issuance of an order or assessment of civil penalty by a municipality or county operating under a certificate of exemption as provided for in this part is intended to provide additional and cumulative remedies to prevent, abate and control air pollution in this state. Nothing in this subsection (d) shall be construed to preempt, supersede, abridge or otherwise alter any rights, action or remedies of the technical secretary, board or commissioner.
(e) (1) Whenever any order or assessment under this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of: (A) The chancery court of Davidson County, if the final order or assessment is from the board, the commissioner or the technical secretary; or (B) The chancery court of the county in which all or part of the violation or failure to comply occurred, if the final order or assessment is from any municipality or county. (2) When filed in accordance with subdivision (e)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited in the order of assessment. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6. (3) (A) A judgment under subdivision (e)(2) shall become final thirty (30) days after the date a summons has been served upon the defendant, if the final order or assessment resulting in the judgment is from the board. (B) Except as provided in subdivision (e)(3)(A), within forty-five (45) days after entry of a judgment under subdivision (e)(2), any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion to intervene, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion to intervene is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry. (4) A final judgment under this subsection (e) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.
(1) Whenever any order or assessment under this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of: (A) The chancery court of Davidson County, if the final order or assessment is from the board, the commissioner or the technical secretary; or (B) The chancery court of the county in which all or part of the violation or failure to comply occurred, if the final order or assessment is from any municipality or county.
(A) The chancery court of Davidson County, if the final order or assessment is from the board, the commissioner or the technical secretary; or
(B) The chancery court of the county in which all or part of the violation or failure to comply occurred, if the final order or assessment is from any municipality or county.
(2) When filed in accordance with subdivision (e)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited in the order of assessment. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6.
(3) (A) A judgment under subdivision (e)(2) shall become final thirty (30) days after the date a summons has been served upon the defendant, if the final order or assessment resulting in the judgment is from the board. (B) Except as provided in subdivision (e)(3)(A), within forty-five (45) days after entry of a judgment under subdivision (e)(2), any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion to intervene, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion to intervene is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry.
(A) A judgment under subdivision (e)(2) shall become final thirty (30) days after the date a summons has been served upon the defendant, if the final order or assessment resulting in the judgment is from the board.
(B) Except as provided in subdivision (e)(3)(A), within forty-five (45) days after entry of a judgment under subdivision (e)(2), any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion to intervene, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion to intervene is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry.
(4) A final judgment under this subsection (e) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.
Acts 1979, ch. 299, § 4; T.C.A., § 53-3423; Acts 1984, ch. 788, § 13; 1987, ch. 263, §§ 1-7; 1989, ch. 321, §§ 1, 2; T.C.A., § 68-25-116.
Tenn. Code Ann. § 68-211-846 — TN Code / Title 68 / Chapter 211 / Section 68-211-846
Education programs - Awards
Status: in_force

The commissioner shall establish an awards program for outstanding school-based solid waste, source reduction or recycling education programs. Acts 1991, ch. 451, § 42; T.C.A., § 68-31-846; Acts 1995, ch. 501, § 3.
The commissioner shall establish an awards program for outstanding school-based solid waste, source reduction or recycling education programs.
Acts 1991, ch. 451, § 42; T.C.A., § 68-31-846; Acts 1995, ch. 501, § 3.
Tenn. Code Ann. § 68-211-901 — TN Code / Title 68 / Chapter 211 / Section 68-211-901
Short title
Status: in_force

This part shall be known and may be cited as the "Solid Waste Authority Act of 1991." Acts 1991, ch. 451, § 58; T.C.A., § 68-31-901.
This part shall be known and may be cited as the "Solid Waste Authority Act of 1991."
Acts 1991, ch. 451, § 58; T.C.A., § 68-31-901.
Tenn. Code Ann. § 68-221-803 — TN Code / Title 68 / Chapter 221 / Section 68-221-803
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Alternative technology" means proven wastewater treatment processes and techniques which provide for the reclaiming and reuse of water, productively recycle wastewater constituents or otherwise eliminate the discharge of pollutants, or recover energy. Specifically, "alternative technology" includes land application of effluent and sludge, aquifer recharge, aquaculture, direct reuse (nonpotable), horticulture, revegetation of disturbed land, containment ponds, sludge composting and drying prior to land application, self-sustaining incineration, methane recovery, codisposal of sludge and solid waste and individual and on-site systems. "Alternative technology" also includes a wastewater collection system other than a conventional system for a community with population less than three thousand five hundred (3,500), according to the 1980 federal census or any subsequent federal census. This includes, but is not limited to, small diameter pressure, gravity and vacuum sewers carrying partially or fully treated wastewater and which demonstrate a significant savings in the life cycle cost of the project when compared to an appropriate conventional technology; (2) "Construction" means the erection, acquisition, alteration, reconstruction, improvement or extension of wastewater treatment works, including preliminary planning to determine the economic and engineering feasibility of wastewater treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, procedures and other similar action necessary in the building of wastewater treatment works, and the inspection and supervision of the construction of wastewater treatment works; (3) "Department" means the department of environment and conservation; (4) "Grant" means the award of state funds to a municipality for the construction of wastewater treatment works or for preliminary engineering pursuant to this part; (5) "Grant allowance" means that portion of a grant made pursuant to this part which is a percentage of the total grant which the department deems to represent reasonable preliminary engineering costs. It is not intended to cover or reimburse for actual preliminary engineering costs; (6) "Innovative technology" means developed wastewater treatment processes and techniques which have not been fully proven under the circumstances of their contemplated use and which represent a significant advancement over the state of the art in terms of significant reduction in life cycle cost of the project when compared to an appropriate conventional technology; (7) "Municipality" means any utility district existing on July 1, 1984, county, incorporated town or city, or metropolitan government which has authority to administer a wastewater treatment works, or any combination of two (2) or more of the foregoing acting jointly to construct a wastewater treatment works; (8) "Preliminary engineering" means preparation of the Section 201 Facilities Plan, preparation of engineering plans, writing specifications, value engineering, and related, similar activities; (9) "Priority ranking list" means a list generated through a system by which the department ranks in descending order of priority all applicants for state and federal grants for construction of wastewater treatment works by criteria which include at least the following: (A) The nature and quantity of the receiving waters; (B) The severity of the pollution to be abated by the proposed construction; and (C) The use of innovative technology to save energy or reuse or reclaim wastes; (10) "Reserve capacity" means capacity to treat, store, transport or dispose of more wastewater than the demand on the system at the time of construction; (11) "Value engineering" is a specialized cost control technique which uses a systematic and creative approach to identify and focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project; and (12) "Wastewater treatment works" means any facility whose purpose is to store, treat, neutralize, stabilize, recycle, reclaim or dispose of municipal wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes; also included in this definition are collection systems which are to be built, repaired or extended for the purpose of ameliorating or correcting a pollution problem existing at the time of the application for the grant; provided, that collection systems, or parts thereof, otherwise are excluded from this definition and are not eligible for grants under this part. Acts 1984, ch. 768, § 3; T.C.A., § 68-13-803.
As used in this part, unless the context otherwise requires:
(1) "Alternative technology" means proven wastewater treatment processes and techniques which provide for the reclaiming and reuse of water, productively recycle wastewater constituents or otherwise eliminate the discharge of pollutants, or recover energy. Specifically, "alternative technology" includes land application of effluent and sludge, aquifer recharge, aquaculture, direct reuse (nonpotable), horticulture, revegetation of disturbed land, containment ponds, sludge composting and drying prior to land application, self-sustaining incineration, methane recovery, codisposal of sludge and solid waste and individual and on-site systems. "Alternative technology" also includes a wastewater collection system other than a conventional system for a community with population less than three thousand five hundred (3,500), according to the 1980 federal census or any subsequent federal census. This includes, but is not limited to, small diameter pressure, gravity and vacuum sewers carrying partially or fully treated wastewater and which demonstrate a significant savings in the life cycle cost of the project when compared to an appropriate conventional technology;
(2) "Construction" means the erection, acquisition, alteration, reconstruction, improvement or extension of wastewater treatment works, including preliminary planning to determine the economic and engineering feasibility of wastewater treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, procedures and other similar action necessary in the building of wastewater treatment works, and the inspection and supervision of the construction of wastewater treatment works;
(3) "Department" means the department of environment and conservation;
(4) "Grant" means the award of state funds to a municipality for the construction of wastewater treatment works or for preliminary engineering pursuant to this part;
(5) "Grant allowance" means that portion of a grant made pursuant to this part which is a percentage of the total grant which the department deems to represent reasonable preliminary engineering costs. It is not intended to cover or reimburse for actual preliminary engineering costs;
(6) "Innovative technology" means developed wastewater treatment processes and techniques which have not been fully proven under the circumstances of their contemplated use and which represent a significant advancement over the state of the art in terms of significant reduction in life cycle cost of the project when compared to an appropriate conventional technology;
(7) "Municipality" means any utility district existing on July 1, 1984, county, incorporated town or city, or metropolitan government which has authority to administer a wastewater treatment works, or any combination of two (2) or more of the foregoing acting jointly to construct a wastewater treatment works;
(8) "Preliminary engineering" means preparation of the Section 201 Facilities Plan, preparation of engineering plans, writing specifications, value engineering, and related, similar activities;
(9) "Priority ranking list" means a list generated through a system by which the department ranks in descending order of priority all applicants for state and federal grants for construction of wastewater treatment works by criteria which include at least the following: (A) The nature and quantity of the receiving waters; (B) The severity of the pollution to be abated by the proposed construction; and (C) The use of innovative technology to save energy or reuse or reclaim wastes;
(A) The nature and quantity of the receiving waters;
(B) The severity of the pollution to be abated by the proposed construction; and
(C) The use of innovative technology to save energy or reuse or reclaim wastes;
(10) "Reserve capacity" means capacity to treat, store, transport or dispose of more wastewater than the demand on the system at the time of construction;
(11) "Value engineering" is a specialized cost control technique which uses a systematic and creative approach to identify and focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project; and
(12) "Wastewater treatment works" means any facility whose purpose is to store, treat, neutralize, stabilize, recycle, reclaim or dispose of municipal wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes; also included in this definition are collection systems which are to be built, repaired or extended for the purpose of ameliorating or correcting a pollution problem existing at the time of the application for the grant; provided, that collection systems, or parts thereof, otherwise are excluded from this definition and are not eligible for grants under this part.
Acts 1984, ch. 768, § 3; T.C.A., § 68-13-803.
Tenn. Code Ann. § 68-205-116 — TN Code / Title 68 / Chapter 205 / Section 68-205-116
Consent of state or local government prior to approval of financing on leasehold - Approval of change to leasehold
Status: in_force

Notwithstanding this chapter to the contrary, prior to approval of financing on a leasehold owned by this state or a local government, but leased to a privately owned entity as described in § 68-205-102(2)(C) , the consent of this state or the local government must be obtained. A change to the leasehold must be approved by this state or the local government, as applicable. This state or a local government must be held harmless if the privately owned entity to which the leasehold is leased defaults on a financing agreement for a leasehold changed in accordance with this section. Added by 2022 Tenn. Acts, ch. 868, s 7, eff. 4/14/2022.
Notwithstanding this chapter to the contrary, prior to approval of financing on a leasehold owned by this state or a local government, but leased to a privately owned entity as described in § 68-205-102(2)(C) , the consent of this state or the local government must be obtained. A change to the leasehold must be approved by this state or the local government, as applicable. This state or a local government must be held harmless if the privately owned entity to which the leasehold is leased defaults on a financing agreement for a leasehold changed in accordance with this section.
Added by 2022 Tenn. Acts, ch. 868, s 7, eff. 4/14/2022.
Tenn. Code Ann. § 68-211-816 — TN Code / Title 68 / Chapter 211 / Section 68-211-816
Municipal solid waste regions - Failure to submit adequate plan - Noncompliance with part - Sanctions and penalties
Status: in_force

(a) If a municipal solid waste region fails to submit an adequate plan in a timely fashion or if the commissioner does not approve any plan submitted to it, or for any other noncompliance with a provision of this part, then the commissioner shall impose the following sanctions, as appropriate, on the noncompliant county or region: (1) On the first instance of noncompliance, the commissioner shall issue a letter of warning to the noncompliant county or region indicating the reasons for noncompliance, setting forth the sequence of graduated sanctions for noncompliance and offering technical assistance to remedy the causes of noncompliance. (2) Any noncompliance shall be resolved as soon as possible. If noncompliance continues for thirty (30) days after receipt of the warning letter, the noncomplying county or region shall lose eligibility for funds from the solid waste management fund, unless the commissioner states in writing that, due to particular circumstances, a longer time is appropriate. (3) If noncompliance continues for sixty (60) days after receipt of the warning letter, then, in addition to any other penalty imposed by law, the commissioner may impose a civil penalty of not more than five thousand dollars ($5,000) for each day of noncompliance beyond the sixty-day period. (b) Any civil penalty shall be assessed in the same manner as provided in § 68-211-117(b) . Any penalty collected pursuant to this section shall be deposited in the solid waste management fund. (c) Any person who violates § 68-211-608 , § 68-211-866(a) or § 68-211-867(d) shall be subject to the penalties provided for in § 68-211-117 . Acts 1991, ch. 451, § 16; T.C.A., § 68-31-816; Acts 1995, ch. 501, § 3; 2007 , ch. 462, §§ 4-6.
(a) If a municipal solid waste region fails to submit an adequate plan in a timely fashion or if the commissioner does not approve any plan submitted to it, or for any other noncompliance with a provision of this part, then the commissioner shall impose the following sanctions, as appropriate, on the noncompliant county or region: (1) On the first instance of noncompliance, the commissioner shall issue a letter of warning to the noncompliant county or region indicating the reasons for noncompliance, setting forth the sequence of graduated sanctions for noncompliance and offering technical assistance to remedy the causes of noncompliance. (2) Any noncompliance shall be resolved as soon as possible. If noncompliance continues for thirty (30) days after receipt of the warning letter, the noncomplying county or region shall lose eligibility for funds from the solid waste management fund, unless the commissioner states in writing that, due to particular circumstances, a longer time is appropriate. (3) If noncompliance continues for sixty (60) days after receipt of the warning letter, then, in addition to any other penalty imposed by law, the commissioner may impose a civil penalty of not more than five thousand dollars ($5,000) for each day of noncompliance beyond the sixty-day period.
(1) On the first instance of noncompliance, the commissioner shall issue a letter of warning to the noncompliant county or region indicating the reasons for noncompliance, setting forth the sequence of graduated sanctions for noncompliance and offering technical assistance to remedy the causes of noncompliance.
(2) Any noncompliance shall be resolved as soon as possible. If noncompliance continues for thirty (30) days after receipt of the warning letter, the noncomplying county or region shall lose eligibility for funds from the solid waste management fund, unless the commissioner states in writing that, due to particular circumstances, a longer time is appropriate.
(3) If noncompliance continues for sixty (60) days after receipt of the warning letter, then, in addition to any other penalty imposed by law, the commissioner may impose a civil penalty of not more than five thousand dollars ($5,000) for each day of noncompliance beyond the sixty-day period.
(b) Any civil penalty shall be assessed in the same manner as provided in § 68-211-117(b) . Any penalty collected pursuant to this section shall be deposited in the solid waste management fund.
(c) Any person who violates § 68-211-608 , § 68-211-866(a) or § 68-211-867(d) shall be subject to the penalties provided for in § 68-211-117 .
Acts 1991, ch. 451, § 16; T.C.A., § 68-31-816; Acts 1995, ch. 501, § 3; 2007 , ch. 462, §§ 4-6.
Tenn. Code Ann. § 68-221-605 — TN Code / Title 68 / Chapter 221 / Section 68-221-605
Appointment of commissioners - Members - Election of officers - Jurisdiction
Status: in_force

(a) (1) The governing body of the authority shall be a board of commissioners of five (5) persons appointed by the executive officer of the creating governmental entity and approved by its governing body. (2) The board of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance. (3) Notwithstanding subdivision (a)(2), the board of commissioners for a water and wastewater treatment authority that does not provide water service shall include a person of good standing and reputation in each of the following fields: engineering, industry, commerce, and finance. (b) (1) If there are one (1) or more participating governmental entities, one (1) additional member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body. (2) The vote of each member of the board shall reflect the population of the area of the governmental entity which the member represents, with the five (5) members representing the creating governmental entity, each having a vote reflecting one-fifth (1/5) of the population of the area of the entity. (c) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, but thereafter each commissioner shall be appointed for a term of five (5) years. (d) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term. (2) A commissioner's term shall continue until the appointment and qualification of such commissioner's successor. (3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity which approved the commissioner's appointment, but only after notice of the cause of the removal shall have been served upon the commissioner, and only after the commissioner shall have been granted an opportunity for a public hearing on such cause. (e) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. (2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business. (3) Except as herein expressly otherwise specified, all powers herein granted to an authority shall be exercised by the board. (4) Commissioners shall receive no salary but shall be reimbursed for necessary expenses incurred in the performance of their official duties. (5) Neither the Tennessee public utility commission nor any other board or commission of like character hereafter created shall have jurisdiction over the authority in the management and control of any treatment works, including the regulation of its rates, fees or charges. (f) (1) All members of the board shall, within one (1) year of initial appointment or election to the board of commissioners or within one (1) year of reappointment or reelection to the board of commissioners, attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). (2) In each continuing education period after the initial training and continuing education required by subdivision (f)(1), a board member shall attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). For the purposes of this subsection (f), "continuing education period" means a period of three (3) years beginning January 1 after the calendar year in which a board member completes the training and continuing education requirements set forth in subdivision (f)(1) and each succeeding three-year period thereafter. (3) The subjects for the training and continuing education required by this subsection (f) shall include, but not be limited to, board governance, financial oversight, policy-making responsibilities, and other topics reasonably related to the duties of the members of the board of commissioners of an authority. (4) Any association or organization with appropriate knowledge and experience may prepare a training and continuing education curriculum for board members covering the subjects set forth in subdivision (f)(3) to be submitted to the comptroller of the treasury for review and approval prior to use. The comptroller shall file a copy of approved training and continuing education curriculum with the Tennessee board of utility regulation. Changes and updates to the curriculum shall be submitted to the comptroller for approval prior to use. Any training and continuing education curriculum approved by the comptroller shall be updated every three (3) years and resubmitted to the comptroller for review and approval. (5) For purposes of this subsection (f), a board member may request a training and continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. The request shall only be granted upon a reasonable showing of substantial compliance with this subsection (f). If the extension is granted, the board member must complete any additional required training hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The board member shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the Tennessee board of utility regulation. (g) If any member of the board fails to meet the training and continuing education requirements set forth in subsection (f) before the end of the continuing education period or before the end of any extension approved by the comptroller of the treasury or the comptroller's designee, then such member shall not be eligible for reappointment or reelection to another term of office. Amended by 2023 Tenn. Acts, ch. 463, s 33, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 627, s 5, eff. 3/20/2020. Amended by 2018 Tenn. Acts, ch. 696, s 1, eff. 4/9/2018. Amended by 2017 Tenn. Acts, ch. 118, s 4, eff. 4/12/2017. Amended by 2017 Tenn. Acts, ch. 94, s 75, eff. 4/4/2017. Acts 1974, ch. 605, § 5; T.C.A., §§ 53-6005, 68-13-605; Acts 1995, ch. 305, § 134.
(a) (1) The governing body of the authority shall be a board of commissioners of five (5) persons appointed by the executive officer of the creating governmental entity and approved by its governing body. (2) The board of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance. (3) Notwithstanding subdivision (a)(2), the board of commissioners for a water and wastewater treatment authority that does not provide water service shall include a person of good standing and reputation in each of the following fields: engineering, industry, commerce, and finance.
(1) The governing body of the authority shall be a board of commissioners of five (5) persons appointed by the executive officer of the creating governmental entity and approved by its governing body.
(2) The board of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance.
(3) Notwithstanding subdivision (a)(2), the board of commissioners for a water and wastewater treatment authority that does not provide water service shall include a person of good standing and reputation in each of the following fields: engineering, industry, commerce, and finance.
(b) (1) If there are one (1) or more participating governmental entities, one (1) additional member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body. (2) The vote of each member of the board shall reflect the population of the area of the governmental entity which the member represents, with the five (5) members representing the creating governmental entity, each having a vote reflecting one-fifth (1/5) of the population of the area of the entity.
(1) If there are one (1) or more participating governmental entities, one (1) additional member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body.
(2) The vote of each member of the board shall reflect the population of the area of the governmental entity which the member represents, with the five (5) members representing the creating governmental entity, each having a vote reflecting one-fifth (1/5) of the population of the area of the entity.
(c) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, but thereafter each commissioner shall be appointed for a term of five (5) years.
(d) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term. (2) A commissioner's term shall continue until the appointment and qualification of such commissioner's successor. (3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity which approved the commissioner's appointment, but only after notice of the cause of the removal shall have been served upon the commissioner, and only after the commissioner shall have been granted an opportunity for a public hearing on such cause.
(1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
(2) A commissioner's term shall continue until the appointment and qualification of such commissioner's successor.
(3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity which approved the commissioner's appointment, but only after notice of the cause of the removal shall have been served upon the commissioner, and only after the commissioner shall have been granted an opportunity for a public hearing on such cause.
(e) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. (2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business. (3) Except as herein expressly otherwise specified, all powers herein granted to an authority shall be exercised by the board. (4) Commissioners shall receive no salary but shall be reimbursed for necessary expenses incurred in the performance of their official duties. (5) Neither the Tennessee public utility commission nor any other board or commission of like character hereafter created shall have jurisdiction over the authority in the management and control of any treatment works, including the regulation of its rates, fees or charges.
(1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure.
(2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business.
(3) Except as herein expressly otherwise specified, all powers herein granted to an authority shall be exercised by the board.
(4) Commissioners shall receive no salary but shall be reimbursed for necessary expenses incurred in the performance of their official duties.
(5) Neither the Tennessee public utility commission nor any other board or commission of like character hereafter created shall have jurisdiction over the authority in the management and control of any treatment works, including the regulation of its rates, fees or charges.
(f) (1) All members of the board shall, within one (1) year of initial appointment or election to the board of commissioners or within one (1) year of reappointment or reelection to the board of commissioners, attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). (2) In each continuing education period after the initial training and continuing education required by subdivision (f)(1), a board member shall attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). For the purposes of this subsection (f), "continuing education period" means a period of three (3) years beginning January 1 after the calendar year in which a board member completes the training and continuing education requirements set forth in subdivision (f)(1) and each succeeding three-year period thereafter. (3) The subjects for the training and continuing education required by this subsection (f) shall include, but not be limited to, board governance, financial oversight, policy-making responsibilities, and other topics reasonably related to the duties of the members of the board of commissioners of an authority. (4) Any association or organization with appropriate knowledge and experience may prepare a training and continuing education curriculum for board members covering the subjects set forth in subdivision (f)(3) to be submitted to the comptroller of the treasury for review and approval prior to use. The comptroller shall file a copy of approved training and continuing education curriculum with the Tennessee board of utility regulation. Changes and updates to the curriculum shall be submitted to the comptroller for approval prior to use. Any training and continuing education curriculum approved by the comptroller shall be updated every three (3) years and resubmitted to the comptroller for review and approval. (5) For purposes of this subsection (f), a board member may request a training and continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. The request shall only be granted upon a reasonable showing of substantial compliance with this subsection (f). If the extension is granted, the board member must complete any additional required training hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The board member shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the Tennessee board of utility regulation.
(1) All members of the board shall, within one (1) year of initial appointment or election to the board of commissioners or within one (1) year of reappointment or reelection to the board of commissioners, attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3).
(2) In each continuing education period after the initial training and continuing education required by subdivision (f)(1), a board member shall attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). For the purposes of this subsection (f), "continuing education period" means a period of three (3) years beginning January 1 after the calendar year in which a board member completes the training and continuing education requirements set forth in subdivision (f)(1) and each succeeding three-year period thereafter.
(3) The subjects for the training and continuing education required by this subsection (f) shall include, but not be limited to, board governance, financial oversight, policy-making responsibilities, and other topics reasonably related to the duties of the members of the board of commissioners of an authority.
(4) Any association or organization with appropriate knowledge and experience may prepare a training and continuing education curriculum for board members covering the subjects set forth in subdivision (f)(3) to be submitted to the comptroller of the treasury for review and approval prior to use. The comptroller shall file a copy of approved training and continuing education curriculum with the Tennessee board of utility regulation. Changes and updates to the curriculum shall be submitted to the comptroller for approval prior to use. Any training and continuing education curriculum approved by the comptroller shall be updated every three (3) years and resubmitted to the comptroller for review and approval.
(5) For purposes of this subsection (f), a board member may request a training and continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. The request shall only be granted upon a reasonable showing of substantial compliance with this subsection (f). If the extension is granted, the board member must complete any additional required training hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The board member shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the Tennessee board of utility regulation.
(g) If any member of the board fails to meet the training and continuing education requirements set forth in subsection (f) before the end of the continuing education period or before the end of any extension approved by the comptroller of the treasury or the comptroller's designee, then such member shall not be eligible for reappointment or reelection to another term of office.
Amended by 2023 Tenn. Acts, ch. 463, s 33, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 627, s 5, eff. 3/20/2020.
Amended by 2018 Tenn. Acts, ch. 696, s 1, eff. 4/9/2018.
Amended by 2017 Tenn. Acts, ch. 118, s 4, eff. 4/12/2017.
Amended by 2017 Tenn. Acts, ch. 94, s 75, eff. 4/4/2017.
Acts 1974, ch. 605, § 5; T.C.A., §§ 53-6005, 68-13-605; Acts 1995, ch. 305, § 134.
Tenn. Code Ann. § 68-211-707 — TN Code / Title 68 / Chapter 211 / Section 68-211-707
Applicability - Requirement of local approval
Status: in_force

(a) Sections 68-211-701 - 68-211-704 and [former] 68-211-705 [repealed] and this section shall only apply in any county or municipality in which it is approved by a two-thirds (2/3) vote of the appropriate legislative body. Sections 68-211-701 - 68-211-704 and [former] 68-211-705 [repealed] and this section are for local review and approval and shall be conducted prior to issuance of a permit by the department of environment and conservation or the commissioner. (b) In any county or municipality in which §§ 68-211-701 - 68-211-704 and this section have been approved by a two-thirds (2/3) vote of the appropriate legislative body prior to May 13, 2013, § 68-211-701(b) shall only apply if it is approved by a two-thirds (2/3) vote of the appropriate legislative body. (c) Any county or municipality which has approved this part by a two-thirds (2/3) vote of the appropriate legislative body pursuant to subsection (a) shall have the authority to later reject this part by a two-thirds (2/3) vote of the appropriate legislative body. If the appropriate legislative body votes by two-thirds (2/3) to reject this part after having previously voted to approve this part, then this part shall no longer apply to such county or municipality. Amended by 2013 Tenn. Acts, ch. 342, s 2, eff. 5/13/2013. Acts 1989, ch. 515, § 7; T.C.A., § 68-31-707; Acts 1995, ch. 5, § 3.
(a) Sections 68-211-701 - 68-211-704 and [former] 68-211-705 [repealed] and this section shall only apply in any county or municipality in which it is approved by a two-thirds (2/3) vote of the appropriate legislative body. Sections 68-211-701 - 68-211-704 and [former] 68-211-705 [repealed] and this section are for local review and approval and shall be conducted prior to issuance of a permit by the department of environment and conservation or the commissioner.
(b) In any county or municipality in which §§ 68-211-701 - 68-211-704 and this section have been approved by a two-thirds (2/3) vote of the appropriate legislative body prior to May 13, 2013, § 68-211-701(b) shall only apply if it is approved by a two-thirds (2/3) vote of the appropriate legislative body.
(c) Any county or municipality which has approved this part by a two-thirds (2/3) vote of the appropriate legislative body pursuant to subsection (a) shall have the authority to later reject this part by a two-thirds (2/3) vote of the appropriate legislative body. If the appropriate legislative body votes by two-thirds (2/3) to reject this part after having previously voted to approve this part, then this part shall no longer apply to such county or municipality.
Amended by 2013 Tenn. Acts, ch. 342, s 2, eff. 5/13/2013.
Acts 1989, ch. 515, § 7; T.C.A., § 68-31-707; Acts 1995, ch. 5, § 3.
Tenn. Code Ann. § 68-221-1103 — TN Code / Title 68 / Chapter 221 / Section 68-221-1103
Authorization of storm water facilities or flood control improvements by municipality
Status: in_force

The governing body of any municipality may authorize the construction, extension, enlargement, or acquisition of necessary storm water facilities or flood control improvements within its corporate boundaries. The improvements may include, but are not limited to, the extension, enlargement, construction, or acquisition of storm water facilities or flood control improvements; the widening, straightening, or relocating of streams, surface waters, or water courses; and the acquisition, extension, enlargement, or construction of any works necessary to regulate the quantity or quality of water for the protection of streams, water courses, surface waters, life, and property; provided, that the municipality obtains all applicable permits and complies with all applicable state and federal laws. Acts 1993, ch. 257, § 3.
The governing body of any municipality may authorize the construction, extension, enlargement, or acquisition of necessary storm water facilities or flood control improvements within its corporate boundaries. The improvements may include, but are not limited to, the extension, enlargement, construction, or acquisition of storm water facilities or flood control improvements; the widening, straightening, or relocating of streams, surface waters, or water courses; and the acquisition, extension, enlargement, or construction of any works necessary to regulate the quantity or quality of water for the protection of streams, water courses, surface waters, life, and property; provided, that the municipality obtains all applicable permits and complies with all applicable state and federal laws.
Acts 1993, ch. 257, § 3.
Tenn. Code Ann. § 68-212-213 — TN Code / Title 68 / Chapter 212 / Section 68-212-213
Violations - Criminal and civil penalties
Status: in_force

(a) Any person who: (1) Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225 ; (2) Fails to pay the fees authorized by this part; (3) Fails to file any reports, records or documents required pursuant to this part; (4) Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part; (5) Fails to provide information requested by the commissioner in the administration of this part; or (6) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part; commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense. (b) In assessing a civil penalty, the following factors may be considered: (1) The harm done to the public health or the environment; (2) The economic benefit gained by the violators; (3) The amount of effort put forth by the violator to obtain compliance; and (4) Any unusual or extraordinary enforcement costs incurred by the commissioner. Acts 1983, ch. 423, § 13; 1986, ch. 644, § 18; Acts 1989, ch. 591, § 112; T.C.A., § 68-46-213; Acts 2001, ch. 449, § 2; 2007 , ch. 362, §§ 23-25.
(a) Any person who: (1) Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225 ; (2) Fails to pay the fees authorized by this part; (3) Fails to file any reports, records or documents required pursuant to this part; (4) Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part; (5) Fails to provide information requested by the commissioner in the administration of this part; or (6) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part; commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.
(1) Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225 ;
(2) Fails to pay the fees authorized by this part;
(3) Fails to file any reports, records or documents required pursuant to this part;
(4) Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part;
(5) Fails to provide information requested by the commissioner in the administration of this part; or
(6) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part; commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.
commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.
(b) In assessing a civil penalty, the following factors may be considered: (1) The harm done to the public health or the environment; (2) The economic benefit gained by the violators; (3) The amount of effort put forth by the violator to obtain compliance; and (4) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(1) The harm done to the public health or the environment;
(2) The economic benefit gained by the violators;
(3) The amount of effort put forth by the violator to obtain compliance; and
(4) Any unusual or extraordinary enforcement costs incurred by the commissioner.
Acts 1983, ch. 423, § 13; 1986, ch. 644, § 18; Acts 1989, ch. 591, § 112; T.C.A., § 68-46-213; Acts 2001, ch. 449, § 2; 2007 , ch. 362, §§ 23-25.
Tenn. Code Ann. § 68-215-120 — TN Code / Title 68 / Chapter 215 / Section 68-215-120
Criminal penalties
Status: in_force

(a) Any person violating, failing to, neglecting to, or refusing to comply with any of § 68-215-104 , commits a Class C misdemeanor. Each day upon which such violation occurs constitutes a separate offense. (b) Any person who knowingly tampers with or disables a release detection or prevention device associated with an underground storage tank, or who knowingly causes or allows a release of petroleum into the environment in violation of this chapter, rules, regulations or orders of the commissioner or board commits a Class E felony; provided, however, that, if such release results in an expenditure for cleanup by any other person or from the fund, the offense shall be graded for such expenditure in the same manner as theft under § 39-14-105(a)(2)-(5) . Acts 1988, ch. 984, § 22; T.C.A., § 68-53-120; Acts 1989, ch. 591, §§ 1, 6; 2004, ch. 925, § 9; 2005, ch. 283, § 8; 2008 , ch. 794, § 13.
(a) Any person violating, failing to, neglecting to, or refusing to comply with any of § 68-215-104 , commits a Class C misdemeanor. Each day upon which such violation occurs constitutes a separate offense.
(b) Any person who knowingly tampers with or disables a release detection or prevention device associated with an underground storage tank, or who knowingly causes or allows a release of petroleum into the environment in violation of this chapter, rules, regulations or orders of the commissioner or board commits a Class E felony; provided, however, that, if such release results in an expenditure for cleanup by any other person or from the fund, the offense shall be graded for such expenditure in the same manner as theft under § 39-14-105(a)(2)-(5) .
Acts 1988, ch. 984, § 22; T.C.A., § 68-53-120; Acts 1989, ch. 591, §§ 1, 6; 2004, ch. 925, § 9; 2005, ch. 283, § 8; 2008 , ch. 794, § 13.
Tenn. Code Ann. § 68-211-813 — TN Code / Title 68 / Chapter 211 / Section 68-211-813
Municipal solid waste regions - Board - Plan for disposal capacity and waste reduction - Regional municipal solid waste advisory committee
Status: in_force

(a) (1) After consideration of the needs assessment is completed, municipal solid waste regions shall be established by resolutions of the respective county legislative bodies by December 12, 1992. A municipal solid waste region shall consist of one (1) county or two (2) or more contiguous counties. If the region consists of more than one (1) county, an agreement establishing the region shall be approved by the legislative body of each county that is a party to the agreement. (2) Once established, municipal solid waste regions shall continue to exist until dissolved, a successor region or regions established and the requirements of this section are met. A municipal solid waste region may be dissolved and a new region or reconfigured region established upon completion of the following procedure: (A) The approval of the dissolution of the existing region by resolution of the county legislative body of each county in the existing region; (B) The approval of the proposed new or reconfigured region by resolution of the county legislative body of each county that is to be a part of the new or reconfigured region; (C) The submittal to the department of environment and conservation of a list of the new board members, their addresses, phone numbers, terms of office and a new or revised plan for any new or reconfigured region that complies with the requirements of this part; and (D) The approval of the department of environment and conservation of all of the new or revised plans for all of the new or reconfigured regions. (3) Each county and region shall continue to follow the existing approved plan until new or revised plans are approved by the department of environment and conservation for each new or reconfigured region. (4) The preferred organization of the regions shall be multi-county. Any county adopting a resolution establishing a single-county region shall state the reasons for acting alone in the resolution. (b) (1) (A) The resolution establishing a region for a county or approving an agreement to establish a region with other counties shall provide for the establishment of a board to administer the activities of the region. This board shall consist of an odd number, not less than five (5) nor more than fifteen (15). Each county that is a member of a region shall be represented by at least one (1) member on the board. Municipalities that provide solid waste collection services or provide solid waste disposal services, directly or by contract, shall be represented on the board. The members of the board shall be appointed by the county mayors and municipal mayors, respectively, of the counties and eligible municipalities within the region. Municipalities entitled to representation on the board may agree to joint or multiple representation by a board member or for a county member to represent one (1) or more municipalities upon agreement of all local governments who share representation by a board member. Any such agreement shall specify the method of making the appointment for a member representing more than one (1) local governmental entity. Members of county and municipal governing bodies, county mayors, municipal mayors, county and municipal officers and department heads may be appointed to the board. Appointments must be approved by the legislative or governing bodies of the respective counties and eligible municipalities within the region. The members of the board shall serve for terms of six (6) years or until their successors are elected and are qualified by taking an oath of office, except that the initial board shall have approximately one-third (1/3) of the members with terms of two (2) years, and approximately one-third (1/3) of the members with terms of four (4) years, so as to stagger the terms of office. (B) The county and municipal mayors, and any other authorities, who appoint members to regional boards created under subdivision (b)(1)(A) must strive to ensure that at least two (2) elected officials serve on each regional board. (2) Any county that has a solid waste authority, not organized pursuant to part 9 of this chapter and in existence on July 1, 1991, may designate such authority as the board to administer the activities of the region, if such county chooses to be a region unto itself. The legislative body of the county and of each municipality that provides solid waste collection services or solid waste disposal services in the region shall approve such designation by the passage of an appropriate resolution. (3) Appointments made after July 1, 1994, to the board for a municipal solid waste region consisting of counties having a population less than two hundred thousand (200,000), according to the 1990 federal census or any subsequent federal census, shall be made so that rural landowners shall have representation on the board, and by December 31, 1998, at least thirty percent (30%) of the membership shall consist of members who own at least a fifty percent (50%) equitable or fee simple interest in land that is eligible for classification as agricultural, forest or open space land under the terms of the Agricultural, Forest and Open Space Land Act of 1976, compiled in title 67, chapter 5, part 10. (c) Each region shall develop a plan for a ten-year disposal capacity, and for achieving compliance with the waste reduction and recycling goal required by § 68-211-861 . (d) The legislative body of any municipality which lies within the boundaries of two (2) or more regions shall select by resolution in which region it shall participate. (e) Within each municipal solid waste region, the board of the region shall establish a regional municipal solid waste advisory committee whose composition shall be determined by the board. (f) The department shall maintain materials designed to assist municipal solid waste region board members with administering their regions. The department shall publish the materials on its website and send an electronic copy of the materials to the appropriate appointing authorities by July 1, 2018. Amended by 2018 Tenn. Acts, ch. 1009, s 1, eff. 5/21/2018. Amended by 2017 Tenn. Acts, ch. 335, s 1, eff. 5/9/2017. Acts 1991, ch. 451, § 12; T.C.A., § 68-31-813; Acts 1994, ch. 735, § 1; 1996, ch. 846, §§ 11-13; 2003 , ch. 90, § 2; 2007 , ch. 462, § 1.
(a) (1) After consideration of the needs assessment is completed, municipal solid waste regions shall be established by resolutions of the respective county legislative bodies by December 12, 1992. A municipal solid waste region shall consist of one (1) county or two (2) or more contiguous counties. If the region consists of more than one (1) county, an agreement establishing the region shall be approved by the legislative body of each county that is a party to the agreement. (2) Once established, municipal solid waste regions shall continue to exist until dissolved, a successor region or regions established and the requirements of this section are met. A municipal solid waste region may be dissolved and a new region or reconfigured region established upon completion of the following procedure: (A) The approval of the dissolution of the existing region by resolution of the county legislative body of each county in the existing region; (B) The approval of the proposed new or reconfigured region by resolution of the county legislative body of each county that is to be a part of the new or reconfigured region; (C) The submittal to the department of environment and conservation of a list of the new board members, their addresses, phone numbers, terms of office and a new or revised plan for any new or reconfigured region that complies with the requirements of this part; and (D) The approval of the department of environment and conservation of all of the new or revised plans for all of the new or reconfigured regions. (3) Each county and region shall continue to follow the existing approved plan until new or revised plans are approved by the department of environment and conservation for each new or reconfigured region. (4) The preferred organization of the regions shall be multi-county. Any county adopting a resolution establishing a single-county region shall state the reasons for acting alone in the resolution.
(1) After consideration of the needs assessment is completed, municipal solid waste regions shall be established by resolutions of the respective county legislative bodies by December 12, 1992. A municipal solid waste region shall consist of one (1) county or two (2) or more contiguous counties. If the region consists of more than one (1) county, an agreement establishing the region shall be approved by the legislative body of each county that is a party to the agreement.
(2) Once established, municipal solid waste regions shall continue to exist until dissolved, a successor region or regions established and the requirements of this section are met. A municipal solid waste region may be dissolved and a new region or reconfigured region established upon completion of the following procedure: (A) The approval of the dissolution of the existing region by resolution of the county legislative body of each county in the existing region; (B) The approval of the proposed new or reconfigured region by resolution of the county legislative body of each county that is to be a part of the new or reconfigured region; (C) The submittal to the department of environment and conservation of a list of the new board members, their addresses, phone numbers, terms of office and a new or revised plan for any new or reconfigured region that complies with the requirements of this part; and (D) The approval of the department of environment and conservation of all of the new or revised plans for all of the new or reconfigured regions.
(A) The approval of the dissolution of the existing region by resolution of the county legislative body of each county in the existing region;
(B) The approval of the proposed new or reconfigured region by resolution of the county legislative body of each county that is to be a part of the new or reconfigured region;
(C) The submittal to the department of environment and conservation of a list of the new board members, their addresses, phone numbers, terms of office and a new or revised plan for any new or reconfigured region that complies with the requirements of this part; and
(D) The approval of the department of environment and conservation of all of the new or revised plans for all of the new or reconfigured regions.
(3) Each county and region shall continue to follow the existing approved plan until new or revised plans are approved by the department of environment and conservation for each new or reconfigured region.
(4) The preferred organization of the regions shall be multi-county. Any county adopting a resolution establishing a single-county region shall state the reasons for acting alone in the resolution.
(b) (1) (A) The resolution establishing a region for a county or approving an agreement to establish a region with other counties shall provide for the establishment of a board to administer the activities of the region. This board shall consist of an odd number, not less than five (5) nor more than fifteen (15). Each county that is a member of a region shall be represented by at least one (1) member on the board. Municipalities that provide solid waste collection services or provide solid waste disposal services, directly or by contract, shall be represented on the board. The members of the board shall be appointed by the county mayors and municipal mayors, respectively, of the counties and eligible municipalities within the region. Municipalities entitled to representation on the board may agree to joint or multiple representation by a board member or for a county member to represent one (1) or more municipalities upon agreement of all local governments who share representation by a board member. Any such agreement shall specify the method of making the appointment for a member representing more than one (1) local governmental entity. Members of county and municipal governing bodies, county mayors, municipal mayors, county and municipal officers and department heads may be appointed to the board. Appointments must be approved by the legislative or governing bodies of the respective counties and eligible municipalities within the region. The members of the board shall serve for terms of six (6) years or until their successors are elected and are qualified by taking an oath of office, except that the initial board shall have approximately one-third (1/3) of the members with terms of two (2) years, and approximately one-third (1/3) of the members with terms of four (4) years, so as to stagger the terms of office. (B) The county and municipal mayors, and any other authorities, who appoint members to regional boards created under subdivision (b)(1)(A) must strive to ensure that at least two (2) elected officials serve on each regional board. (2) Any county that has a solid waste authority, not organized pursuant to part 9 of this chapter and in existence on July 1, 1991, may designate such authority as the board to administer the activities of the region, if such county chooses to be a region unto itself. The legislative body of the county and of each municipality that provides solid waste collection services or solid waste disposal services in the region shall approve such designation by the passage of an appropriate resolution. (3) Appointments made after July 1, 1994, to the board for a municipal solid waste region consisting of counties having a population less than two hundred thousand (200,000), according to the 1990 federal census or any subsequent federal census, shall be made so that rural landowners shall have representation on the board, and by December 31, 1998, at least thirty percent (30%) of the membership shall consist of members who own at least a fifty percent (50%) equitable or fee simple interest in land that is eligible for classification as agricultural, forest or open space land under the terms of the Agricultural, Forest and Open Space Land Act of 1976, compiled in title 67, chapter 5, part 10.
(1) (A) The resolution establishing a region for a county or approving an agreement to establish a region with other counties shall provide for the establishment of a board to administer the activities of the region. This board shall consist of an odd number, not less than five (5) nor more than fifteen (15). Each county that is a member of a region shall be represented by at least one (1) member on the board. Municipalities that provide solid waste collection services or provide solid waste disposal services, directly or by contract, shall be represented on the board. The members of the board shall be appointed by the county mayors and municipal mayors, respectively, of the counties and eligible municipalities within the region. Municipalities entitled to representation on the board may agree to joint or multiple representation by a board member or for a county member to represent one (1) or more municipalities upon agreement of all local governments who share representation by a board member. Any such agreement shall specify the method of making the appointment for a member representing more than one (1) local governmental entity. Members of county and municipal governing bodies, county mayors, municipal mayors, county and municipal officers and department heads may be appointed to the board. Appointments must be approved by the legislative or governing bodies of the respective counties and eligible municipalities within the region. The members of the board shall serve for terms of six (6) years or until their successors are elected and are qualified by taking an oath of office, except that the initial board shall have approximately one-third (1/3) of the members with terms of two (2) years, and approximately one-third (1/3) of the members with terms of four (4) years, so as to stagger the terms of office. (B) The county and municipal mayors, and any other authorities, who appoint members to regional boards created under subdivision (b)(1)(A) must strive to ensure that at least two (2) elected officials serve on each regional board.
(A) The resolution establishing a region for a county or approving an agreement to establish a region with other counties shall provide for the establishment of a board to administer the activities of the region. This board shall consist of an odd number, not less than five (5) nor more than fifteen (15). Each county that is a member of a region shall be represented by at least one (1) member on the board. Municipalities that provide solid waste collection services or provide solid waste disposal services, directly or by contract, shall be represented on the board. The members of the board shall be appointed by the county mayors and municipal mayors, respectively, of the counties and eligible municipalities within the region. Municipalities entitled to representation on the board may agree to joint or multiple representation by a board member or for a county member to represent one (1) or more municipalities upon agreement of all local governments who share representation by a board member. Any such agreement shall specify the method of making the appointment for a member representing more than one (1) local governmental entity. Members of county and municipal governing bodies, county mayors, municipal mayors, county and municipal officers and department heads may be appointed to the board. Appointments must be approved by the legislative or governing bodies of the respective counties and eligible municipalities within the region. The members of the board shall serve for terms of six (6) years or until their successors are elected and are qualified by taking an oath of office, except that the initial board shall have approximately one-third (1/3) of the members with terms of two (2) years, and approximately one-third (1/3) of the members with terms of four (4) years, so as to stagger the terms of office.
(B) The county and municipal mayors, and any other authorities, who appoint members to regional boards created under subdivision (b)(1)(A) must strive to ensure that at least two (2) elected officials serve on each regional board.
(2) Any county that has a solid waste authority, not organized pursuant to part 9 of this chapter and in existence on July 1, 1991, may designate such authority as the board to administer the activities of the region, if such county chooses to be a region unto itself. The legislative body of the county and of each municipality that provides solid waste collection services or solid waste disposal services in the region shall approve such designation by the passage of an appropriate resolution.
(3) Appointments made after July 1, 1994, to the board for a municipal solid waste region consisting of counties having a population less than two hundred thousand (200,000), according to the 1990 federal census or any subsequent federal census, shall be made so that rural landowners shall have representation on the board, and by December 31, 1998, at least thirty percent (30%) of the membership shall consist of members who own at least a fifty percent (50%) equitable or fee simple interest in land that is eligible for classification as agricultural, forest or open space land under the terms of the Agricultural, Forest and Open Space Land Act of 1976, compiled in title 67, chapter 5, part 10.
(c) Each region shall develop a plan for a ten-year disposal capacity, and for achieving compliance with the waste reduction and recycling goal required by § 68-211-861 .
(d) The legislative body of any municipality which lies within the boundaries of two (2) or more regions shall select by resolution in which region it shall participate.
(e) Within each municipal solid waste region, the board of the region shall establish a regional municipal solid waste advisory committee whose composition shall be determined by the board.
(f) The department shall maintain materials designed to assist municipal solid waste region board members with administering their regions. The department shall publish the materials on its website and send an electronic copy of the materials to the appropriate appointing authorities by July 1, 2018.
Amended by 2018 Tenn. Acts, ch. 1009, s 1, eff. 5/21/2018.
Amended by 2017 Tenn. Acts, ch. 335, s 1, eff. 5/9/2017.
Acts 1991, ch. 451, § 12; T.C.A., § 68-31-813; Acts 1994, ch. 735, § 1; 1996, ch. 846, §§ 11-13; 2003 , ch. 90, § 2; 2007 , ch. 462, § 1.
Tenn. Code Ann. § 68-221-503 — TN Code / Title 68 / Chapter 221 / Section 68-221-503
Authorization for loans to municipalities for waterworks - Funding - Conditions of approval and repayment - Loan eligibility of municipalities not receiving state-shared taxes
Status: in_force

(a) (1) The state is authorized to make loans to any municipality for the construction of waterworks. (2) Such loans shall be made from the proceeds of bonds or notes issued by the authority for the purpose of making such loans. (3) The authority shall establish the repayment schedule for the repayment of the loan, and the loan agreement, shall be between the state, acting through the department and the authority, and the municipality; provided, that at the time of approval of the loan agreement, the annual repayment schedule applicable to all approved loans to a municipality under this part, when combined with annual repayment schedules applicable to approved loans and grants to the municipality under part 2 of this chapter and [former] chapter 211, part 4 of this title [repealed], shall not exceed two hundred percent (200%) of the unobligated amount of annual state-shared taxes paid to the municipality as shown by the latest completed audit for the state's fiscal year; provided further, that the authority may impose more strict requirements if, in its judgment, it is deemed necessary or advisable. (4) (A) Nothing contained herein shall require a uniform test for all loans, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each loan. (B) In exercising its discretion, the authority shall take into consideration the general financial condition of the municipality receiving the loan and the ability of the system, for which such loan is to be made, to generate user fees sufficient to pay the costs of operation, maintenance and debt service of the system, including depreciation in accordance with generally accepted accounting principles. (5) For purposes of determining compliance with this subsection (a), the annual repayment schedule for each loan or grant shall be, in cases prior to the funding of such grants or loans or where such grants or loans have been financed on an interim basis other than by bonds, an estimated annual repayment schedule showing debt service requirements under the grant or loan agreements as if the bonds to be issued to fund such grants or loans will bear interest at a rate per annum and mature in such manner as the authority shall establish at the time of approval of each such grant or loan and, in cases where bonds have been issued to fund such grant or loan, the actual debt service requirements on such bonds. (b) Only municipalities receiving state-shared taxes shall be eligible to participate in the loan program; provided, that one (1) or more municipalities receiving state-shared taxes may enter into a loan agreement with the state and loan the proceeds of such waterworks loan to a municipality not receiving state-shared taxes. Acts 1974, ch. 671, § 3; 1978, ch. 843, §§ 8, 12; 1982, ch. 873, § 4; T.C.A., § 53-2057; Acts 1984, ch. 965, § 7; 1989, ch. 233, §§ 23-26; T.C.A., § 68-13-503.
(a) (1) The state is authorized to make loans to any municipality for the construction of waterworks. (2) Such loans shall be made from the proceeds of bonds or notes issued by the authority for the purpose of making such loans. (3) The authority shall establish the repayment schedule for the repayment of the loan, and the loan agreement, shall be between the state, acting through the department and the authority, and the municipality; provided, that at the time of approval of the loan agreement, the annual repayment schedule applicable to all approved loans to a municipality under this part, when combined with annual repayment schedules applicable to approved loans and grants to the municipality under part 2 of this chapter and [former] chapter 211, part 4 of this title [repealed], shall not exceed two hundred percent (200%) of the unobligated amount of annual state-shared taxes paid to the municipality as shown by the latest completed audit for the state's fiscal year; provided further, that the authority may impose more strict requirements if, in its judgment, it is deemed necessary or advisable. (4) (A) Nothing contained herein shall require a uniform test for all loans, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each loan. (B) In exercising its discretion, the authority shall take into consideration the general financial condition of the municipality receiving the loan and the ability of the system, for which such loan is to be made, to generate user fees sufficient to pay the costs of operation, maintenance and debt service of the system, including depreciation in accordance with generally accepted accounting principles. (5) For purposes of determining compliance with this subsection (a), the annual repayment schedule for each loan or grant shall be, in cases prior to the funding of such grants or loans or where such grants or loans have been financed on an interim basis other than by bonds, an estimated annual repayment schedule showing debt service requirements under the grant or loan agreements as if the bonds to be issued to fund such grants or loans will bear interest at a rate per annum and mature in such manner as the authority shall establish at the time of approval of each such grant or loan and, in cases where bonds have been issued to fund such grant or loan, the actual debt service requirements on such bonds.
(1) The state is authorized to make loans to any municipality for the construction of waterworks.
(2) Such loans shall be made from the proceeds of bonds or notes issued by the authority for the purpose of making such loans.
(3) The authority shall establish the repayment schedule for the repayment of the loan, and the loan agreement, shall be between the state, acting through the department and the authority, and the municipality; provided, that at the time of approval of the loan agreement, the annual repayment schedule applicable to all approved loans to a municipality under this part, when combined with annual repayment schedules applicable to approved loans and grants to the municipality under part 2 of this chapter and [former] chapter 211, part 4 of this title [repealed], shall not exceed two hundred percent (200%) of the unobligated amount of annual state-shared taxes paid to the municipality as shown by the latest completed audit for the state's fiscal year; provided further, that the authority may impose more strict requirements if, in its judgment, it is deemed necessary or advisable.
(4) (A) Nothing contained herein shall require a uniform test for all loans, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each loan. (B) In exercising its discretion, the authority shall take into consideration the general financial condition of the municipality receiving the loan and the ability of the system, for which such loan is to be made, to generate user fees sufficient to pay the costs of operation, maintenance and debt service of the system, including depreciation in accordance with generally accepted accounting principles.
(A) Nothing contained herein shall require a uniform test for all loans, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each loan.
(B) In exercising its discretion, the authority shall take into consideration the general financial condition of the municipality receiving the loan and the ability of the system, for which such loan is to be made, to generate user fees sufficient to pay the costs of operation, maintenance and debt service of the system, including depreciation in accordance with generally accepted accounting principles.
(5) For purposes of determining compliance with this subsection (a), the annual repayment schedule for each loan or grant shall be, in cases prior to the funding of such grants or loans or where such grants or loans have been financed on an interim basis other than by bonds, an estimated annual repayment schedule showing debt service requirements under the grant or loan agreements as if the bonds to be issued to fund such grants or loans will bear interest at a rate per annum and mature in such manner as the authority shall establish at the time of approval of each such grant or loan and, in cases where bonds have been issued to fund such grant or loan, the actual debt service requirements on such bonds.
(b) Only municipalities receiving state-shared taxes shall be eligible to participate in the loan program; provided, that one (1) or more municipalities receiving state-shared taxes may enter into a loan agreement with the state and loan the proceeds of such waterworks loan to a municipality not receiving state-shared taxes.
Acts 1974, ch. 671, § 3; 1978, ch. 843, §§ 8, 12; 1982, ch. 873, § 4; T.C.A., § 53-2057; Acts 1984, ch. 965, § 7; 1989, ch. 233, §§ 23-26; T.C.A., § 68-13-503.
Tenn. Code Ann. § 68-215-109 — TN Code / Title 68 / Chapter 215 / Section 68-215-109
Annual fees - Failure to pay - Petition for reduction of penalties - Petition for refund of annual fee
Status: in_force

(a) The board shall levy and collect annual fees from the owners or operators of petroleum underground storage tanks containing petroleum substances. Subject to this section, the board is authorized to promulgate rules establishing the following: (1) Which petroleum underground storage tanks are subject to annual fees; (2) The amount or amounts of such fees, the fee due date, and the basis on which such fees are assessed; and (3) A system of incentives to provide for reduced annual tank fees, in order to encourage tank owners to use technologies or management practices that go beyond the minimum requirements related to release detection and prevention for tanks and piping. Such technologies or practices must be found by the board to be proven methods of significantly enhancing prevention of releases or reducing the detection time frame for releases. (b) (1) The annual fee shall be: (A) Two hundred fifty dollars ($250) per tank per year for noncompartmentalized petroleum underground storage tanks; (B) Two hundred fifty dollars ($250) per tank compartment per year for compartmentalized petroleum underground storage tanks. (2) Pursuant to subsection (a), the board may promulgate rules raising these tank fees up to a maximum level of three hundred dollars ($300) per tank per year for noncompartmentalized tanks and three hundred dollars ($300) per tank compartment per year for compartmentalized tanks. In addition, the board is authorized to promulgate rules lowering or suspending these tank fees if the board determines that the condition of the fund warrants it. (c) The tank fees authorized in this section shall be paid by or on behalf of the petroleum underground storage tank owner or operator. (d) Upon failure or refusal of any person to pay a fee assessed under this part within a reasonable time allowed by the commissioner, the commissioner may proceed in the chancery court of Davidson County to obtain judgment and seek execution of such judgment. (e) If a lawfully levied fee or any part of that fee is not paid by its due date, there shall be assessed against the tank owner or operator a penalty of five percent (5%) of the amount due, which shall accrue on the first day of the delinquency and be added thereto. Thereafter, on the last day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional five percent (5%) of the then unpaid balance shall accrue and be added thereto; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee. Nothing in this section shall be construed as requiring the issuance of a commissioner's order for the payment of a fee or a late payment penalty. (f) The tank owner or operator may file with the commissioner a written petition requesting a reduction in the penalties assessed under this section, setting forth in the petition the grounds and reasons for such a request. At the commissioner's sole discretion, the commissioner may reduce the penalties that otherwise accrue pursuant to this section if, in the commissioner's opinion, the failure to pay fees was due to inadvertent error or excusable neglect; however, in no event shall the penalties be reduced to an amount less than ten percent (10%) per annum, plus statutory interest. (g) (1) The tank owner or operator may file with the commissioner a written petition requesting a refund of the annual fee paid for the current annual billing cycle or a waiver or reduction of the penalties associated with such annual fee that would otherwise accrue pursuant to this section, or both. At the commissioner's sole discretion, the commissioner may refund the annual fee or waive or reduce penalties associated with such fee, or both, if: (A) The annual fee notice was issued to the tank owner or operator subsequent to approval of an application for permanent closure of underground storage tanks by the commissioner; (B) In the commissioner's opinion the refund is in the best interest of the state; and (C) The tank was: (i) Empty for temporary closure as defined by the board from the beginning of the applicable annual billing cycle until permanent closure; and (ii) Permanently closed during the applicable annual billing cycle. (2) This subsection (g) does not authorize the commissioner to refund annual fees other than the annual fee paid for the current annual billing cycle as provided in this subsection (g) or to waive or reduce penalties associated with any unpaid annual fee except as provided in subsection (f) and this subsection (g). Amended by 2016 Tenn. Acts, ch. 877,s 1, eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 292,s 4, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 292,s 3, eff. 7/1/2015. Acts 1988, ch. 984, § 11; 1990, ch. 1012, § 8; T.C.A., § 68-53-109; Acts 2002, ch. 821, §§ 2 - 4; 2004, ch. 925, §§ 5, 6; 2005, ch. 283, §§ 2, 3; 2007, ch. 362, § 35; 2008, ch. 794, § 6.
(a) The board shall levy and collect annual fees from the owners or operators of petroleum underground storage tanks containing petroleum substances. Subject to this section, the board is authorized to promulgate rules establishing the following: (1) Which petroleum underground storage tanks are subject to annual fees; (2) The amount or amounts of such fees, the fee due date, and the basis on which such fees are assessed; and (3) A system of incentives to provide for reduced annual tank fees, in order to encourage tank owners to use technologies or management practices that go beyond the minimum requirements related to release detection and prevention for tanks and piping. Such technologies or practices must be found by the board to be proven methods of significantly enhancing prevention of releases or reducing the detection time frame for releases.
(1) Which petroleum underground storage tanks are subject to annual fees;
(2) The amount or amounts of such fees, the fee due date, and the basis on which such fees are assessed; and
(3) A system of incentives to provide for reduced annual tank fees, in order to encourage tank owners to use technologies or management practices that go beyond the minimum requirements related to release detection and prevention for tanks and piping. Such technologies or practices must be found by the board to be proven methods of significantly enhancing prevention of releases or reducing the detection time frame for releases.
(b) (1) The annual fee shall be: (A) Two hundred fifty dollars ($250) per tank per year for noncompartmentalized petroleum underground storage tanks; (B) Two hundred fifty dollars ($250) per tank compartment per year for compartmentalized petroleum underground storage tanks. (2) Pursuant to subsection (a), the board may promulgate rules raising these tank fees up to a maximum level of three hundred dollars ($300) per tank per year for noncompartmentalized tanks and three hundred dollars ($300) per tank compartment per year for compartmentalized tanks. In addition, the board is authorized to promulgate rules lowering or suspending these tank fees if the board determines that the condition of the fund warrants it.
(1) The annual fee shall be: (A) Two hundred fifty dollars ($250) per tank per year for noncompartmentalized petroleum underground storage tanks; (B) Two hundred fifty dollars ($250) per tank compartment per year for compartmentalized petroleum underground storage tanks.
(A) Two hundred fifty dollars ($250) per tank per year for noncompartmentalized petroleum underground storage tanks;
(B) Two hundred fifty dollars ($250) per tank compartment per year for compartmentalized petroleum underground storage tanks.
(2) Pursuant to subsection (a), the board may promulgate rules raising these tank fees up to a maximum level of three hundred dollars ($300) per tank per year for noncompartmentalized tanks and three hundred dollars ($300) per tank compartment per year for compartmentalized tanks. In addition, the board is authorized to promulgate rules lowering or suspending these tank fees if the board determines that the condition of the fund warrants it.
(c) The tank fees authorized in this section shall be paid by or on behalf of the petroleum underground storage tank owner or operator.
(d) Upon failure or refusal of any person to pay a fee assessed under this part within a reasonable time allowed by the commissioner, the commissioner may proceed in the chancery court of Davidson County to obtain judgment and seek execution of such judgment.
(e) If a lawfully levied fee or any part of that fee is not paid by its due date, there shall be assessed against the tank owner or operator a penalty of five percent (5%) of the amount due, which shall accrue on the first day of the delinquency and be added thereto. Thereafter, on the last day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional five percent (5%) of the then unpaid balance shall accrue and be added thereto; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee. Nothing in this section shall be construed as requiring the issuance of a commissioner's order for the payment of a fee or a late payment penalty.
(f) The tank owner or operator may file with the commissioner a written petition requesting a reduction in the penalties assessed under this section, setting forth in the petition the grounds and reasons for such a request. At the commissioner's sole discretion, the commissioner may reduce the penalties that otherwise accrue pursuant to this section if, in the commissioner's opinion, the failure to pay fees was due to inadvertent error or excusable neglect; however, in no event shall the penalties be reduced to an amount less than ten percent (10%) per annum, plus statutory interest.
(g) (1) The tank owner or operator may file with the commissioner a written petition requesting a refund of the annual fee paid for the current annual billing cycle or a waiver or reduction of the penalties associated with such annual fee that would otherwise accrue pursuant to this section, or both. At the commissioner's sole discretion, the commissioner may refund the annual fee or waive or reduce penalties associated with such fee, or both, if: (A) The annual fee notice was issued to the tank owner or operator subsequent to approval of an application for permanent closure of underground storage tanks by the commissioner; (B) In the commissioner's opinion the refund is in the best interest of the state; and (C) The tank was: (i) Empty for temporary closure as defined by the board from the beginning of the applicable annual billing cycle until permanent closure; and (ii) Permanently closed during the applicable annual billing cycle. (2) This subsection (g) does not authorize the commissioner to refund annual fees other than the annual fee paid for the current annual billing cycle as provided in this subsection (g) or to waive or reduce penalties associated with any unpaid annual fee except as provided in subsection (f) and this subsection (g).
(1) The tank owner or operator may file with the commissioner a written petition requesting a refund of the annual fee paid for the current annual billing cycle or a waiver or reduction of the penalties associated with such annual fee that would otherwise accrue pursuant to this section, or both. At the commissioner's sole discretion, the commissioner may refund the annual fee or waive or reduce penalties associated with such fee, or both, if: (A) The annual fee notice was issued to the tank owner or operator subsequent to approval of an application for permanent closure of underground storage tanks by the commissioner; (B) In the commissioner's opinion the refund is in the best interest of the state; and (C) The tank was: (i) Empty for temporary closure as defined by the board from the beginning of the applicable annual billing cycle until permanent closure; and (ii) Permanently closed during the applicable annual billing cycle.
(A) The annual fee notice was issued to the tank owner or operator subsequent to approval of an application for permanent closure of underground storage tanks by the commissioner;
(B) In the commissioner's opinion the refund is in the best interest of the state; and
(C) The tank was: (i) Empty for temporary closure as defined by the board from the beginning of the applicable annual billing cycle until permanent closure; and (ii) Permanently closed during the applicable annual billing cycle.
(i) Empty for temporary closure as defined by the board from the beginning of the applicable annual billing cycle until permanent closure; and
(ii) Permanently closed during the applicable annual billing cycle.
(2) This subsection (g) does not authorize the commissioner to refund annual fees other than the annual fee paid for the current annual billing cycle as provided in this subsection (g) or to waive or reduce penalties associated with any unpaid annual fee except as provided in subsection (f) and this subsection (g).
Amended by 2016 Tenn. Acts, ch. 877,s 1, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 292,s 4, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 292,s 3, eff. 7/1/2015.
Acts 1988, ch. 984, § 11; 1990, ch. 1012, § 8; T.C.A., § 68-53-109; Acts 2002, ch. 821, §§ 2 - 4; 2004, ch. 925, §§ 5, 6; 2005, ch. 283, §§ 2, 3; 2007, ch. 362, § 35; 2008, ch. 794, § 6.
Tenn. Code Ann. § 68-221-715 — TN Code / Title 68 / Chapter 221 / Section 68-221-715
Injunctions
Status: in_force

(a) The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part, the rules and regulations of the board or orders of the commissioner. (b) In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity. Acts 1983, ch. 324, § 16; T.C.A., § 68-13-715.
(a) The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part, the rules and regulations of the board or orders of the commissioner.
(b) In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
Acts 1983, ch. 324, § 16; T.C.A., § 68-13-715.
Tenn. Code Ann. § 68-211-845 — TN Code / Title 68 / Chapter 211 / Section 68-211-845
Promotion of education concerning solid waste management
Status: in_force

In order to promote education of children in grades kindergarten through twelve (K-12) concerning solid waste management, source reduction and recycling, the University of Tennessee Waste Management Research and Education Institute, in conjunction with the commissioner of environment and conservation, shall: (1) Review, evaluate and publish a list of approved curriculum materials relative to solid waste management, source reduction and recycling; (2) Sponsor workshops on the curriculum materials for educators; (3) Provide in-service training for teachers on solid waste management, recycling and source reduction, environmental protection and conservation of materials; and (4) Establish peer assistance programs for teachers within a solid waste management region. Acts 1991, ch. 451, § 41; T.C.A., § 68-31-845; Acts 1995, ch. 501, § 3; 1999, ch. 384, § 4.
In order to promote education of children in grades kindergarten through twelve (K-12) concerning solid waste management, source reduction and recycling, the University of Tennessee Waste Management Research and Education Institute, in conjunction with the commissioner of environment and conservation, shall:
(1) Review, evaluate and publish a list of approved curriculum materials relative to solid waste management, source reduction and recycling;
(2) Sponsor workshops on the curriculum materials for educators;
(3) Provide in-service training for teachers on solid waste management, recycling and source reduction, environmental protection and conservation of materials; and
(4) Establish peer assistance programs for teachers within a solid waste management region.
Acts 1991, ch. 451, § 41; T.C.A., § 68-31-845; Acts 1995, ch. 501, § 3; 1999, ch. 384, § 4.