Tenn. Code Ann. § 68-221-706 — TN Code / Title 68 / Chapter 221 / Section 68-221-706
Supervision over construction of public water systems
Status: in_force

(a) (1) The department shall exercise general supervision over the construction of public water systems throughout the state. (2) Such general supervision shall include all of the features of construction of public water systems which do or may affect the sanitary quality or the quantity of the water supply. (3) No new construction shall be done nor shall any change be made in any public water system until the plans for such new construction or change have been submitted and approved by the department. (4) In granting approval of such plans, the department may specify such modification, conditions and regulations as may be required for the protection of the public health and welfare. (5) The source of raw water and the quantity of raw water to be drawn from the waters of the state are subject to review and approval by the department. (6) (A) Records of construction, including plans and descriptions of existing works, shall be made available to the department upon request. (B) The person in charge of the public water supply shall promptly comply with such request. (b) (1) Any unit of local government which imposes standards and requirements for the construction of public water systems may apply to the commissioner for the commissioner's certification that the locally imposed standards and requirements are at least as sufficient to protect the public health as those of the department. (2) After certification, submission of plans to and approval by the local government for construction and changes in public water systems shall be sufficient in lieu of approval by the department as otherwise required by this section. (3) The commissioner may periodically review the local standards and requirements and prescribe changes upon which continued certification may be conditioned. Acts 1983, ch. 324, § 7; T.C.A., § 68-13-706.
(a) (1) The department shall exercise general supervision over the construction of public water systems throughout the state. (2) Such general supervision shall include all of the features of construction of public water systems which do or may affect the sanitary quality or the quantity of the water supply. (3) No new construction shall be done nor shall any change be made in any public water system until the plans for such new construction or change have been submitted and approved by the department. (4) In granting approval of such plans, the department may specify such modification, conditions and regulations as may be required for the protection of the public health and welfare. (5) The source of raw water and the quantity of raw water to be drawn from the waters of the state are subject to review and approval by the department. (6) (A) Records of construction, including plans and descriptions of existing works, shall be made available to the department upon request. (B) The person in charge of the public water supply shall promptly comply with such request.
(1) The department shall exercise general supervision over the construction of public water systems throughout the state.
(2) Such general supervision shall include all of the features of construction of public water systems which do or may affect the sanitary quality or the quantity of the water supply.
(3) No new construction shall be done nor shall any change be made in any public water system until the plans for such new construction or change have been submitted and approved by the department.
(4) In granting approval of such plans, the department may specify such modification, conditions and regulations as may be required for the protection of the public health and welfare.
(5) The source of raw water and the quantity of raw water to be drawn from the waters of the state are subject to review and approval by the department.
(6) (A) Records of construction, including plans and descriptions of existing works, shall be made available to the department upon request. (B) The person in charge of the public water supply shall promptly comply with such request.
(A) Records of construction, including plans and descriptions of existing works, shall be made available to the department upon request.
(B) The person in charge of the public water supply shall promptly comply with such request.
(b) (1) Any unit of local government which imposes standards and requirements for the construction of public water systems may apply to the commissioner for the commissioner's certification that the locally imposed standards and requirements are at least as sufficient to protect the public health as those of the department. (2) After certification, submission of plans to and approval by the local government for construction and changes in public water systems shall be sufficient in lieu of approval by the department as otherwise required by this section. (3) The commissioner may periodically review the local standards and requirements and prescribe changes upon which continued certification may be conditioned.
(1) Any unit of local government which imposes standards and requirements for the construction of public water systems may apply to the commissioner for the commissioner's certification that the locally imposed standards and requirements are at least as sufficient to protect the public health as those of the department.
(2) After certification, submission of plans to and approval by the local government for construction and changes in public water systems shall be sufficient in lieu of approval by the department as otherwise required by this section.
(3) The commissioner may periodically review the local standards and requirements and prescribe changes upon which continued certification may be conditioned.
Acts 1983, ch. 324, § 7; T.C.A., § 68-13-706.
Tenn. Code Ann. § 68-221-903 — TN Code / Title 68 / Chapter 221 / Section 68-221-903
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the board of certification created in § 68-221-905 ; (2) "Certificate" means a certificate of competency issued by the commissioner stating that the operator has met the requirements for the specified operator classification of the certification program; (3) "Commissioner" means the commissioner of environment and conservation or the commissioner's duly authorized representative; (4) "Operator" means a person who is in direct charge, or that by education, training and experience is qualified to be in direct charge, of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system; (5) "Wastewater collection system" means the entire system of pipes, valves, pumping stations and appurtenances through which wastewater is collected and conveyed to the wastewater treatment plant; (6) "Wastewater treatment plant" means the facility or group of units provided for the treatment of wastewater, either or both domestic and industrial wastes. Industrial wastes which do not enter a public wastewater system are excluded; (7) "Water distribution system" means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer; (8) "Water supply system" means the system of pipes, structures and facilities through which water is obtained, treated, and sold, distributed or otherwise offered to the public for household use or any use by humans, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals at least one hundred twenty (120) days or at least sixty (60) consecutive days out of the year. An industrial water system not delivering water for human consumption is excluded from this definition; and (9) "Water treatment plant" means the portion of the water supply system which in some way alters the physical, chemical or bacteriological quality of the water. Acts 1984, ch. 812, § 3; T.C.A., § 68-13-903.
As used in this part, unless the context otherwise requires:
(1) "Board" means the board of certification created in § 68-221-905 ;
(2) "Certificate" means a certificate of competency issued by the commissioner stating that the operator has met the requirements for the specified operator classification of the certification program;
(3) "Commissioner" means the commissioner of environment and conservation or the commissioner's duly authorized representative;
(4) "Operator" means a person who is in direct charge, or that by education, training and experience is qualified to be in direct charge, of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system;
(5) "Wastewater collection system" means the entire system of pipes, valves, pumping stations and appurtenances through which wastewater is collected and conveyed to the wastewater treatment plant;
(6) "Wastewater treatment plant" means the facility or group of units provided for the treatment of wastewater, either or both domestic and industrial wastes. Industrial wastes which do not enter a public wastewater system are excluded;
(7) "Water distribution system" means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer;
(8) "Water supply system" means the system of pipes, structures and facilities through which water is obtained, treated, and sold, distributed or otherwise offered to the public for household use or any use by humans, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals at least one hundred twenty (120) days or at least sixty (60) consecutive days out of the year. An industrial water system not delivering water for human consumption is excluded from this definition; and
(9) "Water treatment plant" means the portion of the water supply system which in some way alters the physical, chemical or bacteriological quality of the water.
Acts 1984, ch. 812, § 3; T.C.A., § 68-13-903.
Tenn. Code Ann. § 68-205-102 — TN Code / Title 68 / Chapter 205 / Section 68-205-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Capital provider" means a private third-party entity, including its designee, successor, and assigns, that makes or funds C-PACER financing, including refinancing, under this chapter; (2) "Commercial property" means: (A) Privately owned commercial, industrial, or agricultural real property; (B) Privately owned residential real property consisting of five (5) or more dwelling units, including property owned by nonprofit, charitable, or religious organizations; and (C) Property owned by this state or a local government entity, but leased to a privately owned entity, including: (i) Industrial development corporations; (ii) Housing authorities; or (iii) Health, educational and housing facility boards; (3) "C-PACER program" or "program" means a commercial property assessed clean energy program established under this chapter; (4) "Financing" means financing and refinancing for qualified projects under this chapter; (5) "Financing agreement" means the contract under which a property owner agrees to repay a capital provider for the C-PACER financing, including, but not limited to, details of finance charges, fees, debt servicing, accrual of interest and penalties, and terms relating to treatment of prepayment and partial payment, billing, collection, and enforcement of the C-PACER financing; (6) "Local government" means a county, metropolitan government, municipality, or other political subdivision of this state; (7) "Program administrator" means the entity designated by a local government to administer a C-PACER program, including: (A) A department or individual within a local government; (B) A quasi-governmental organization such as an industrial development corporation, housing authority, or health, educational, and housing facility board; (C) A capital provider; or (D) Another private and independent third party designated by the local government; (8) "Program guidebook" means a comprehensive document that illustrates the applicable program and establishes appropriate guidelines, specifications, underwriting and approval criteria, and standard application forms consistent with the administration of a program and not detailed in this chapter, including: (A) A form assessment contract between the local government and the property owner specifying the terms of assessment under the program, financing provided by a third party, and remedies for default or foreclosure; (B) A form local government Notice of Assessment and C-PACER lien; or (C) A form Notice of Assignment of Assessment and C-PACER lien between a local government and a capital provider; (9) "Project application" means an application submitted for a program to demonstrate that a proposed project qualifies for C-PACER financing and for a C-PACER assessment and lien; (10) "Property owner" means the owner or owners on title, duly recorded, of a commercial property; (11) "Qualified improvement" means a permanent improvement installed and affixed to commercial property and intended to: (A) Decrease energy consumption or demand through the use of efficiency technologies, products, or activities that reduce or support the reduction of energy consumption; (B) Support the production of clean, renewable energy, including through the use of a product, device, or interacting group of products or devices on the customer's side of the meter that generates electricity, provides thermal energy, or regulates temperature; (C) Decrease water consumption or demand and address safe drinking water through the use of efficiency technologies, products, or activities that reduce or support the reduction of water consumption; (D) Allow for the reduction or elimination of lead from water that may be used for drinking or cooking; or (E) Increase water or waste water resilience, including through storm retrofits, flood mitigation, and stormwater management, or wind resistance, energy storage, microgrids, and other resilience projects approved by the local government; (12) "Qualified project" means a project approved by the program administrator, involving the installation or modification of a qualified improvement, including new construction or the adaptive reuse of eligible property with a qualified improvement, and including qualified improvements installed no more than two (2) years prior to the date of application; (13) "Record owner" means the owner listed on the property's legal documents on file or the owner of an estate for years created pursuant to a written ground lease agreement or similar agreement; and (14) "Region" means a geographical area as determined by a local government pursuant to § 68-205-104 . Amended by 2022 Tenn. Acts, ch. 868, Secs.s2, s3 eff. 4/14/2022. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
As used in this chapter:
(1) "Capital provider" means a private third-party entity, including its designee, successor, and assigns, that makes or funds C-PACER financing, including refinancing, under this chapter;
(2) "Commercial property" means: (A) Privately owned commercial, industrial, or agricultural real property; (B) Privately owned residential real property consisting of five (5) or more dwelling units, including property owned by nonprofit, charitable, or religious organizations; and (C) Property owned by this state or a local government entity, but leased to a privately owned entity, including: (i) Industrial development corporations; (ii) Housing authorities; or (iii) Health, educational and housing facility boards;
(A) Privately owned commercial, industrial, or agricultural real property;
(B) Privately owned residential real property consisting of five (5) or more dwelling units, including property owned by nonprofit, charitable, or religious organizations; and
(C) Property owned by this state or a local government entity, but leased to a privately owned entity, including: (i) Industrial development corporations; (ii) Housing authorities; or (iii) Health, educational and housing facility boards;
(i) Industrial development corporations;
(ii) Housing authorities; or
(iii) Health, educational and housing facility boards;
(3) "C-PACER program" or "program" means a commercial property assessed clean energy program established under this chapter;
(4) "Financing" means financing and refinancing for qualified projects under this chapter;
(5) "Financing agreement" means the contract under which a property owner agrees to repay a capital provider for the C-PACER financing, including, but not limited to, details of finance charges, fees, debt servicing, accrual of interest and penalties, and terms relating to treatment of prepayment and partial payment, billing, collection, and enforcement of the C-PACER financing;
(6) "Local government" means a county, metropolitan government, municipality, or other political subdivision of this state;
(7) "Program administrator" means the entity designated by a local government to administer a C-PACER program, including: (A) A department or individual within a local government; (B) A quasi-governmental organization such as an industrial development corporation, housing authority, or health, educational, and housing facility board; (C) A capital provider; or (D) Another private and independent third party designated by the local government;
(A) A department or individual within a local government;
(B) A quasi-governmental organization such as an industrial development corporation, housing authority, or health, educational, and housing facility board;
(C) A capital provider; or
(D) Another private and independent third party designated by the local government;
(8) "Program guidebook" means a comprehensive document that illustrates the applicable program and establishes appropriate guidelines, specifications, underwriting and approval criteria, and standard application forms consistent with the administration of a program and not detailed in this chapter, including: (A) A form assessment contract between the local government and the property owner specifying the terms of assessment under the program, financing provided by a third party, and remedies for default or foreclosure; (B) A form local government Notice of Assessment and C-PACER lien; or (C) A form Notice of Assignment of Assessment and C-PACER lien between a local government and a capital provider;
(A) A form assessment contract between the local government and the property owner specifying the terms of assessment under the program, financing provided by a third party, and remedies for default or foreclosure;
(B) A form local government Notice of Assessment and C-PACER lien; or
(C) A form Notice of Assignment of Assessment and C-PACER lien between a local government and a capital provider;
(9) "Project application" means an application submitted for a program to demonstrate that a proposed project qualifies for C-PACER financing and for a C-PACER assessment and lien;
(10) "Property owner" means the owner or owners on title, duly recorded, of a commercial property;
(11) "Qualified improvement" means a permanent improvement installed and affixed to commercial property and intended to: (A) Decrease energy consumption or demand through the use of efficiency technologies, products, or activities that reduce or support the reduction of energy consumption; (B) Support the production of clean, renewable energy, including through the use of a product, device, or interacting group of products or devices on the customer's side of the meter that generates electricity, provides thermal energy, or regulates temperature; (C) Decrease water consumption or demand and address safe drinking water through the use of efficiency technologies, products, or activities that reduce or support the reduction of water consumption; (D) Allow for the reduction or elimination of lead from water that may be used for drinking or cooking; or (E) Increase water or waste water resilience, including through storm retrofits, flood mitigation, and stormwater management, or wind resistance, energy storage, microgrids, and other resilience projects approved by the local government;
(A) Decrease energy consumption or demand through the use of efficiency technologies, products, or activities that reduce or support the reduction of energy consumption;
(B) Support the production of clean, renewable energy, including through the use of a product, device, or interacting group of products or devices on the customer's side of the meter that generates electricity, provides thermal energy, or regulates temperature;
(C) Decrease water consumption or demand and address safe drinking water through the use of efficiency technologies, products, or activities that reduce or support the reduction of water consumption;
(D) Allow for the reduction or elimination of lead from water that may be used for drinking or cooking; or
(E) Increase water or waste water resilience, including through storm retrofits, flood mitigation, and stormwater management, or wind resistance, energy storage, microgrids, and other resilience projects approved by the local government;
(12) "Qualified project" means a project approved by the program administrator, involving the installation or modification of a qualified improvement, including new construction or the adaptive reuse of eligible property with a qualified improvement, and including qualified improvements installed no more than two (2) years prior to the date of application;
(13) "Record owner" means the owner listed on the property's legal documents on file or the owner of an estate for years created pursuant to a written ground lease agreement or similar agreement; and
(14) "Region" means a geographical area as determined by a local government pursuant to § 68-205-104 .
Amended by 2022 Tenn. Acts, ch. 868, Secs.s2, s3 eff. 4/14/2022.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-213-102 — TN Code / Title 68 / Chapter 213 / Section 68-213-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative; (2) "Department" means the department of environment and conservation; (3) "Governing body" means the governing body of every county in this state; (4) "Landfill area" means any land area selected for the purpose of solid waste disposal or solid waste material; (5) "Person" means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state; (6) "Solid waste" means garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations, and all garbage, refuse or other discarded solid materials from individual homes, apartments, multiple dwellings, trailers or other living quarters, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants; (7) "Solid waste disposal" means the process of placing, confining, compacting, or covering solid waste except when such solid waste is for reuse, removal, reclamation or salvage; and (8) "Solid waste disposal system" means the relationship of the coordinated activities of and resources for processing and disposal of solid wastes within a common geographical area and under the supervision of any person or persons engaging in such activities. Acts 1970, ch. 417, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §§ 53-4502, 68-33-102.
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative;
(2) "Department" means the department of environment and conservation;
(3) "Governing body" means the governing body of every county in this state;
(4) "Landfill area" means any land area selected for the purpose of solid waste disposal or solid waste material;
(5) "Person" means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state;
(6) "Solid waste" means garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations, and all garbage, refuse or other discarded solid materials from individual homes, apartments, multiple dwellings, trailers or other living quarters, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants;
(7) "Solid waste disposal" means the process of placing, confining, compacting, or covering solid waste except when such solid waste is for reuse, removal, reclamation or salvage; and
(8) "Solid waste disposal system" means the relationship of the coordinated activities of and resources for processing and disposal of solid wastes within a common geographical area and under the supervision of any person or persons engaging in such activities.
Acts 1970, ch. 417, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §§ 53-4502, 68-33-102.
Tenn. Code Ann. § 68-202-416 — TN Code / Title 68 / Chapter 202 / Section 68-202-416
Injunctions
Status: in_force

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter. (1) In such suits, the court may grant temporary or permanent injunctions or restraining orders. (2) Such proceedings shall not be tried by jury. Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-416.
In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter.
(1) In such suits, the court may grant temporary or permanent injunctions or restraining orders.
(2) Such proceedings shall not be tried by jury.
Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-416.
Tenn. Code Ann. § 68-211-903 — TN Code / Title 68 / Chapter 211 / Section 68-211-903
Solid waste authority - Creation - Resolutions - Agreements among creating counties and municipalities - Name
Status: in_force

(a) A county or any of the counties in a municipal solid waste region may create a solid waste authority, by resolution of the respective county governing bodies; provided, that opportunity shall be provided for public comment on such resolution. Any municipality, the majority of the territory of which lies within a county that is creating or participating with other counties in creating an authority, may join in creating the authority upon such terms as may be agreed upon and adopted by resolution of the respective county and municipal governing bodies. If more than one (1) county or municipality participates in creating an authority, an agreement creating the authority shall be approved by the governing body of each county and municipality that is a party to the agreement as part of the resolution creating the authority. The resolutions creating the authority may be amended by the agreement of all of the participating governments to add or subtract participating governments or to dissolve the authority. The creating resolutions shall give the authority a name which shall identify it with the county or region. This name shall be used by the authority unless the name is amended by resolution approved by all participating counties and municipalities. Any resolutions creating, amending or dissolving an authority shall be certified by the county clerk or municipal clerk or recorder of the counties and municipalities participating in creating the authority and sent to the secretary of state and the commissioner. (b) (1) Notwithstanding this part and part 8 of this chapter requiring municipal solid waste regions to be created prior to the formation of a regional solid waste authority, any county which, by resolution of its county legislative body adopted prior to April 14, 1992, created a regional solid waste authority referencing this part and part 8 of this chapter, and which has appointed a governing board prior to April 14, 1992, is authorized to operate such authority in the manner established pursuant to such statutes and resolution only within the political boundaries of any such county and political subdivisions thereof to which this section applies. Any such resolution shall have the force and effect for which it was adopted from the date of passage; provided, that all flow control provisions established pursuant to §§ 68-211-813(b) , 68-211-906(b) and 68-211-907 cannot be exercised by such authority until such time as those provisions become effective as provided by general law. (2) If such county becomes part of a multi-county region pursuant to § 68-211-813(a) , then within thirty (30) days following such action such authority, in agreement with the legislative bodies of those counties included in such municipal solid waste region, may: (A) Continue the operation of such authority by retaining the same board of directors appointed to such authority pursuant to this subsection (b); (B) Expand such board to include representation of members from such additional counties; or (C) Dissolve the authority operating pursuant to this section and form a new regional authority pursuant to this part. (3) If such county forms a single-county region pursuant to § 68-211-813(a) , then such authority may remain as an authority, authorized to operate under this part. Acts 1991, ch. 451, § 60; T.C.A., § 68-31-903; Acts 1992, ch. 723, § 1; 1996, ch. 846, §§ 45, 46.
(a) A county or any of the counties in a municipal solid waste region may create a solid waste authority, by resolution of the respective county governing bodies; provided, that opportunity shall be provided for public comment on such resolution. Any municipality, the majority of the territory of which lies within a county that is creating or participating with other counties in creating an authority, may join in creating the authority upon such terms as may be agreed upon and adopted by resolution of the respective county and municipal governing bodies. If more than one (1) county or municipality participates in creating an authority, an agreement creating the authority shall be approved by the governing body of each county and municipality that is a party to the agreement as part of the resolution creating the authority. The resolutions creating the authority may be amended by the agreement of all of the participating governments to add or subtract participating governments or to dissolve the authority. The creating resolutions shall give the authority a name which shall identify it with the county or region. This name shall be used by the authority unless the name is amended by resolution approved by all participating counties and municipalities. Any resolutions creating, amending or dissolving an authority shall be certified by the county clerk or municipal clerk or recorder of the counties and municipalities participating in creating the authority and sent to the secretary of state and the commissioner.
(b) (1) Notwithstanding this part and part 8 of this chapter requiring municipal solid waste regions to be created prior to the formation of a regional solid waste authority, any county which, by resolution of its county legislative body adopted prior to April 14, 1992, created a regional solid waste authority referencing this part and part 8 of this chapter, and which has appointed a governing board prior to April 14, 1992, is authorized to operate such authority in the manner established pursuant to such statutes and resolution only within the political boundaries of any such county and political subdivisions thereof to which this section applies. Any such resolution shall have the force and effect for which it was adopted from the date of passage; provided, that all flow control provisions established pursuant to §§ 68-211-813(b) , 68-211-906(b) and 68-211-907 cannot be exercised by such authority until such time as those provisions become effective as provided by general law. (2) If such county becomes part of a multi-county region pursuant to § 68-211-813(a) , then within thirty (30) days following such action such authority, in agreement with the legislative bodies of those counties included in such municipal solid waste region, may: (A) Continue the operation of such authority by retaining the same board of directors appointed to such authority pursuant to this subsection (b); (B) Expand such board to include representation of members from such additional counties; or (C) Dissolve the authority operating pursuant to this section and form a new regional authority pursuant to this part. (3) If such county forms a single-county region pursuant to § 68-211-813(a) , then such authority may remain as an authority, authorized to operate under this part.
(1) Notwithstanding this part and part 8 of this chapter requiring municipal solid waste regions to be created prior to the formation of a regional solid waste authority, any county which, by resolution of its county legislative body adopted prior to April 14, 1992, created a regional solid waste authority referencing this part and part 8 of this chapter, and which has appointed a governing board prior to April 14, 1992, is authorized to operate such authority in the manner established pursuant to such statutes and resolution only within the political boundaries of any such county and political subdivisions thereof to which this section applies. Any such resolution shall have the force and effect for which it was adopted from the date of passage; provided, that all flow control provisions established pursuant to §§ 68-211-813(b) , 68-211-906(b) and 68-211-907 cannot be exercised by such authority until such time as those provisions become effective as provided by general law.
(2) If such county becomes part of a multi-county region pursuant to § 68-211-813(a) , then within thirty (30) days following such action such authority, in agreement with the legislative bodies of those counties included in such municipal solid waste region, may: (A) Continue the operation of such authority by retaining the same board of directors appointed to such authority pursuant to this subsection (b); (B) Expand such board to include representation of members from such additional counties; or (C) Dissolve the authority operating pursuant to this section and form a new regional authority pursuant to this part.
(A) Continue the operation of such authority by retaining the same board of directors appointed to such authority pursuant to this subsection (b);
(B) Expand such board to include representation of members from such additional counties; or
(C) Dissolve the authority operating pursuant to this section and form a new regional authority pursuant to this part.
(3) If such county forms a single-county region pursuant to § 68-211-813(a) , then such authority may remain as an authority, authorized to operate under this part.
Acts 1991, ch. 451, § 60; T.C.A., § 68-31-903; Acts 1992, ch. 723, § 1; 1996, ch. 846, §§ 45, 46.
Tenn. Code Ann. § 68-213-104 — TN Code / Title 68 / Chapter 213 / Section 68-213-104
Violation - Penalty
Status: in_force

Any person violating any of this chapter, or failing, neglecting or refusing to comply with any order of the department or governing body lawfully issued, commits a Class C misdemeanor. Each day of continued violation constitutes a separate offense. Acts 1970, ch. 417, § 4; T.C.A., § 53-4504; Acts 1989, ch. 591, § 113; T.C.A., § 68-33-104.
Any person violating any of this chapter, or failing, neglecting or refusing to comply with any order of the department or governing body lawfully issued, commits a Class C misdemeanor. Each day of continued violation constitutes a separate offense.
Acts 1970, ch. 417, § 4; T.C.A., § 53-4504; Acts 1989, ch. 591, § 113; T.C.A., § 68-33-104.
Tenn. Code Ann. § 68-221-505 — TN Code / Title 68 / Chapter 221 / Section 68-221-505
Appropriation of funds
Status: in_force

There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part. Acts 1974, ch. 671, § 5; T.C.A., §§ 53-2059, 68-13-505.
There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part.
Acts 1974, ch. 671, § 5; T.C.A., §§ 53-2059, 68-13-505.
Tenn. Code Ann. § 68-212-225 — TN Code / Title 68 / Chapter 212 / Section 68-212-225
Notice of land use restrictions - Voluntary land use restrictions for protection of streams and wetlands
Status: in_force

(a) Upon a determination by the commissioner that land use restrictions are the appropriate remedial action at any remediation, contamination, cleanup, closure or brownfield project, the commissioner shall either: (1) Order the owner or owners of the site to file or permit the filing of, or (2) With the consent of the owner or owners of the site, or upon an order issued pursuant to subdivision (a)(1) becoming final, file or cause to be filed, a notice of land use restrictions in the register of deeds office in the appropriate county. A copy of this notice shall be mailed to all local governments having jurisdiction over any part of the subject property. (b) Such notice shall be entitled "Notice of Land Use Restrictions," and shall: (1) Include a legal description of the site that would be sufficient as a description of the property in an instrument of conveyance; (2) Identify the location and dimensions of the areas of potential environmental concern with respect to surveyed, permanent benchmarks. Where a site encompasses more than one (1) parcel or tract of land, a composite map or plat showing all parcels or tracts may be recorded; (3) Identify generally the type, location, and quantity of regulated hazardous substances and regulated substances known to exist on the site; and (4) Identify specific restrictions on the current or future use of the site. (c) Land use restrictions may apply to activities on, over, or under the land, including, but not limited to, use of property, use of groundwater, building, filling, grading, excavating, and mining. (d) The register of deeds shall record the notice and index it in the grantor index under the names of the owners of the land. (e) After public notice and an opportunity for public input, a notice of land use restrictions filed pursuant to this section may be made less stringent or canceled by the commissioner if the risk has been eliminated or reduced so that less restrictive land use controls are protective of human health and the environment. The department shall notify all owners of adjoining properties of any proposed changes to present land use restrictions. Such notice shall be sent by certified mail, return receipt requested. Notice of such changes shall be mailed to all local governments having jurisdiction over any part of the subject property. If the commissioner determines that the restrictive land use controls can be made less stringent or cancelled, then the commissioner shall send to the register of deeds of each county where the notice is recorded a statement that the hazards have changed or been eliminated. The commissioner's statement shall contain the names of the owners of the land as shown in the notice and reference the plat book and page where the notice is recorded. The register of deeds shall record the commissioner's statement in the deed books and index it on the grantor index in the names of the owners of the land as shown in the notice of land use restrictions and on the grantee index in the name "Commissioner of the Department of Environment and Conservation." (f) Any land use restriction filed pursuant to this section may be enforced by any owner of the land. The commissioner, through issuance of an order or by means of a civil action, including one to obtain an injunction against present or threatened violations of the restriction, may also enforce any such land use restriction. A land use restriction may also be enforced by any unit of local government having jurisdiction over any part of the subject property, by means of a civil action without the unit of local government having first exhausted any available administrative remedy. Any person eligible for liability protection under an agreement entered into pursuant to this part may also enforce a land use restriction. A land use restriction shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular land. Any person who owns or leases a property subject to a land use restriction under this section shall abide by the land use restriction. (g) In addition to any other law concerning the establishment of conservation easements, upon approval by the commissioner, a property owner may voluntarily establish land use restrictions for the protection of streams and wetlands, or for other environmental conservation purposes by filing a notice of land use restriction pursuant to this section. The notice shall include the applicable portions of subsection (b), shall be filed as provided in subsection (d) and shall be enforceable as provided in subsection (f). Acts 2001, ch. 449, § 8; 2007, ch. 362, § 28.
(a) Upon a determination by the commissioner that land use restrictions are the appropriate remedial action at any remediation, contamination, cleanup, closure or brownfield project, the commissioner shall either: (1) Order the owner or owners of the site to file or permit the filing of, or (2) With the consent of the owner or owners of the site, or upon an order issued pursuant to subdivision (a)(1) becoming final, file or cause to be filed, a notice of land use restrictions in the register of deeds office in the appropriate county. A copy of this notice shall be mailed to all local governments having jurisdiction over any part of the subject property.
(1) Order the owner or owners of the site to file or permit the filing of, or
(2) With the consent of the owner or owners of the site, or upon an order issued pursuant to subdivision (a)(1) becoming final, file or cause to be filed, a notice of land use restrictions in the register of deeds office in the appropriate county. A copy of this notice shall be mailed to all local governments having jurisdiction over any part of the subject property.
(b) Such notice shall be entitled "Notice of Land Use Restrictions," and shall: (1) Include a legal description of the site that would be sufficient as a description of the property in an instrument of conveyance; (2) Identify the location and dimensions of the areas of potential environmental concern with respect to surveyed, permanent benchmarks. Where a site encompasses more than one (1) parcel or tract of land, a composite map or plat showing all parcels or tracts may be recorded; (3) Identify generally the type, location, and quantity of regulated hazardous substances and regulated substances known to exist on the site; and (4) Identify specific restrictions on the current or future use of the site.
(1) Include a legal description of the site that would be sufficient as a description of the property in an instrument of conveyance;
(2) Identify the location and dimensions of the areas of potential environmental concern with respect to surveyed, permanent benchmarks. Where a site encompasses more than one (1) parcel or tract of land, a composite map or plat showing all parcels or tracts may be recorded;
(3) Identify generally the type, location, and quantity of regulated hazardous substances and regulated substances known to exist on the site; and
(4) Identify specific restrictions on the current or future use of the site.
(c) Land use restrictions may apply to activities on, over, or under the land, including, but not limited to, use of property, use of groundwater, building, filling, grading, excavating, and mining.
(d) The register of deeds shall record the notice and index it in the grantor index under the names of the owners of the land.
(e) After public notice and an opportunity for public input, a notice of land use restrictions filed pursuant to this section may be made less stringent or canceled by the commissioner if the risk has been eliminated or reduced so that less restrictive land use controls are protective of human health and the environment. The department shall notify all owners of adjoining properties of any proposed changes to present land use restrictions. Such notice shall be sent by certified mail, return receipt requested. Notice of such changes shall be mailed to all local governments having jurisdiction over any part of the subject property. If the commissioner determines that the restrictive land use controls can be made less stringent or cancelled, then the commissioner shall send to the register of deeds of each county where the notice is recorded a statement that the hazards have changed or been eliminated. The commissioner's statement shall contain the names of the owners of the land as shown in the notice and reference the plat book and page where the notice is recorded. The register of deeds shall record the commissioner's statement in the deed books and index it on the grantor index in the names of the owners of the land as shown in the notice of land use restrictions and on the grantee index in the name "Commissioner of the Department of Environment and Conservation."
(f) Any land use restriction filed pursuant to this section may be enforced by any owner of the land. The commissioner, through issuance of an order or by means of a civil action, including one to obtain an injunction against present or threatened violations of the restriction, may also enforce any such land use restriction. A land use restriction may also be enforced by any unit of local government having jurisdiction over any part of the subject property, by means of a civil action without the unit of local government having first exhausted any available administrative remedy. Any person eligible for liability protection under an agreement entered into pursuant to this part may also enforce a land use restriction. A land use restriction shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular land. Any person who owns or leases a property subject to a land use restriction under this section shall abide by the land use restriction.
(g) In addition to any other law concerning the establishment of conservation easements, upon approval by the commissioner, a property owner may voluntarily establish land use restrictions for the protection of streams and wetlands, or for other environmental conservation purposes by filing a notice of land use restriction pursuant to this section. The notice shall include the applicable portions of subsection (b), shall be filed as provided in subsection (d) and shall be enforceable as provided in subsection (f).
Acts 2001, ch. 449, § 8; 2007, ch. 362, § 28.
Tenn. Code Ann. § 68-221-808 — TN Code / Title 68 / Chapter 221 / Section 68-221-808
Contracts for technical assistance to municipalities
Status: in_force

The department may contract with the municipal technical advisory service, the University of Tennessee, for providing technical assistance to municipalities to assist them in receiving or planning to receive funds under these sections in an amount not to exceed three hundred thousand dollars ($300,000) per annum and from funds appropriated for the purposes of funding these sections. Acts 1984, ch. 768, § 8; T.C.A., § 68-13-808.
The department may contract with the municipal technical advisory service, the University of Tennessee, for providing technical assistance to municipalities to assist them in receiving or planning to receive funds under these sections in an amount not to exceed three hundred thousand dollars ($300,000) per annum and from funds appropriated for the purposes of funding these sections.
Acts 1984, ch. 768, § 8; T.C.A., § 68-13-808.
Tenn. Code Ann. § 68-211-113 — TN Code / Title 68 / Chapter 211 / Section 68-211-113
Review of correction order or plan disapproval - Hearing - Appeal
Status: in_force

(a) (1) Any person whose plans for the construction of, or change in, any solid waste processing facility or disposal facility are disapproved by the commissioner may secure a review of the commissioner's disapproval by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's disapproval, and asking for a hearing before the board. Any disapproval of such plans shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after the notice of disapproval is served. (2) Any person against whom an order for correction is issued may secure a review of such order by filing with the commissioner a written petition setting forth the grounds and reasons for any objection to the order and asking for a hearing before the board. The order shall become final and not subject to review unless the person named in the order files a petition under this section no later than thirty (30) days after the date the order is served. (b) The hearing before the board on any petition filed under subsection (a) shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date is stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board. (c) In the event the commissioner fails to take any action on plans for the construction of, or change in, a solid waste processing facility or disposal facility or site within forty-five (45) days after they are submitted to such commissioner, the person having submitted such plans may appeal to the board as though notice of disapproval were received at the expiration of such period; provided, that in lieu of setting forth the objections to the grounds for the commissioner's disapproval, the petition shall recite the failure of the commissioner to act on the plans. (d) A petition for permit appeal may be filed, pursuant to this subsection (d), by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. Any petition for permit appeal under this subsection (d) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to issue or deny the final permit. Notwithstanding § 4-5-223 or any other law to the contrary, this subsection (d) shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought. (e) The chancery court of Davidson County has exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part. Appeals from orders and decrees of the chancery court and proceedings brought under this part shall lie to the court of appeals despite the fact that controverted questions of fact may be involved therein. (f) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of such commissioner's action or determination within ninety (90) days from the date of such commissioner's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner. If the commissioner fails to take the action stated in such commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of preparing such complainant's complaint. When such an appeal is timely filed, the procedure for conducting the contested case shall be in accordance with subsection (b). Amended by 2014 Tenn. Acts, ch. 507, s 3, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 181, s 4, eff. 7/1/2013. Acts 1969, ch. 295, § 13; 1974, ch. 486, § 2; 1975, ch. 109, § 4; 1980, ch. 899, § 7; T.C.A., § 53-4313; Acts 1985, ch. 337, § 2; 1989, ch. 147, § 10; T.C.A., § 68-31-113.
(a) (1) Any person whose plans for the construction of, or change in, any solid waste processing facility or disposal facility are disapproved by the commissioner may secure a review of the commissioner's disapproval by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's disapproval, and asking for a hearing before the board. Any disapproval of such plans shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after the notice of disapproval is served. (2) Any person against whom an order for correction is issued may secure a review of such order by filing with the commissioner a written petition setting forth the grounds and reasons for any objection to the order and asking for a hearing before the board. The order shall become final and not subject to review unless the person named in the order files a petition under this section no later than thirty (30) days after the date the order is served.
(1) Any person whose plans for the construction of, or change in, any solid waste processing facility or disposal facility are disapproved by the commissioner may secure a review of the commissioner's disapproval by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's disapproval, and asking for a hearing before the board. Any disapproval of such plans shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after the notice of disapproval is served.
(2) Any person against whom an order for correction is issued may secure a review of such order by filing with the commissioner a written petition setting forth the grounds and reasons for any objection to the order and asking for a hearing before the board. The order shall become final and not subject to review unless the person named in the order files a petition under this section no later than thirty (30) days after the date the order is served.
(b) The hearing before the board on any petition filed under subsection (a) shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date is stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board.
(c) In the event the commissioner fails to take any action on plans for the construction of, or change in, a solid waste processing facility or disposal facility or site within forty-five (45) days after they are submitted to such commissioner, the person having submitted such plans may appeal to the board as though notice of disapproval were received at the expiration of such period; provided, that in lieu of setting forth the objections to the grounds for the commissioner's disapproval, the petition shall recite the failure of the commissioner to act on the plans.
(d) A petition for permit appeal may be filed, pursuant to this subsection (d), by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. Any petition for permit appeal under this subsection (d) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to issue or deny the final permit. Notwithstanding § 4-5-223 or any other law to the contrary, this subsection (d) shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought.
(e) The chancery court of Davidson County has exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part. Appeals from orders and decrees of the chancery court and proceedings brought under this part shall lie to the court of appeals despite the fact that controverted questions of fact may be involved therein.
(f) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of such commissioner's action or determination within ninety (90) days from the date of such commissioner's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner. If the commissioner fails to take the action stated in such commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of preparing such complainant's complaint. When such an appeal is timely filed, the procedure for conducting the contested case shall be in accordance with subsection (b).
Amended by 2014 Tenn. Acts, ch. 507, s 3, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 181, s 4, eff. 7/1/2013.
Acts 1969, ch. 295, § 13; 1974, ch. 486, § 2; 1975, ch. 109, § 4; 1980, ch. 899, § 7; T.C.A., § 53-4313; Acts 1985, ch. 337, § 2; 1989, ch. 147, § 10; T.C.A., § 68-31-113.
Tenn. Code Ann. § 68-211-107 — TN Code / Title 68 / Chapter 211 / Section 68-211-107
Supervision of operation - Rules and regulations
Status: in_force

(a) The department shall exercise general supervision over the operation and maintenance of solid waste processing facilities and disposal facilities or sites. Such general supervision shall apply to all the features of operation and maintenance which do or may affect the public health and safety or the quality of the environment and which do or may affect the proper processing and disposal of solid wastes. The board is empowered to adopt and enforce rules and regulations governing the operation and maintenance of such facilities, operations, and sites. Municipalities, cities, towns, and local boards of health may adopt and enforce such rules, ordinances and regulations equal to or exceeding those adopted by the commissioner, and consistent with the purposes of this part. For exercising such general supervision, the commissioner is authorized to investigate such facilities, operations and sites as often as the commissioner deems necessary. (b) Actions taken by the department, commissioner or board in accordance with this section shall be conducted in accordance with title 13, chapter 18, when the action involves a major energy project, as defined in § 13-18-102 . (c) The department shall require all solid waste disposal facilities to have a groundwater monitoring program and report sampling results to the department at least once each year. If sampling results indicate that ground water protection standards are exceeded, the owner or operator of the facility shall commence an assessment monitoring program, in accordance with regulations adopted by the board and carry out all corrective measures specified by the commissioner. Acts 1969, ch. 295, § 7; 1971, ch. 165, § 1; 1980, ch. 899, § 4; 1981, ch. 131, § 33; T.C.A., §§ 53-4307, 68-31-107; Acts 2006, ch. 819, § 2.
(a) The department shall exercise general supervision over the operation and maintenance of solid waste processing facilities and disposal facilities or sites. Such general supervision shall apply to all the features of operation and maintenance which do or may affect the public health and safety or the quality of the environment and which do or may affect the proper processing and disposal of solid wastes. The board is empowered to adopt and enforce rules and regulations governing the operation and maintenance of such facilities, operations, and sites. Municipalities, cities, towns, and local boards of health may adopt and enforce such rules, ordinances and regulations equal to or exceeding those adopted by the commissioner, and consistent with the purposes of this part. For exercising such general supervision, the commissioner is authorized to investigate such facilities, operations and sites as often as the commissioner deems necessary.
(b) Actions taken by the department, commissioner or board in accordance with this section shall be conducted in accordance with title 13, chapter 18, when the action involves a major energy project, as defined in § 13-18-102 .
(c) The department shall require all solid waste disposal facilities to have a groundwater monitoring program and report sampling results to the department at least once each year. If sampling results indicate that ground water protection standards are exceeded, the owner or operator of the facility shall commence an assessment monitoring program, in accordance with regulations adopted by the board and carry out all corrective measures specified by the commissioner.
Acts 1969, ch. 295, § 7; 1971, ch. 165, § 1; 1980, ch. 899, § 4; 1981, ch. 131, § 33; T.C.A., §§ 53-4307, 68-31-107; Acts 2006, ch. 819, § 2.
Tenn. Code Ann. § 68-212-115 — TN Code / Title 68 / Chapter 212 / Section 68-212-115
Injunctions
Status: in_force

In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, permits, rules or regulations issued by the commissioner or the board to carry out this part by instituting legal proceedings to enjoin the actual or threatened violations of this part, and the orders, permits, rules or regulations of the commissioner or orders of the board in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the actual or threatened violations has or is about to occur, in the name of the department, by a staff attorney and under the supervision of the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury. Acts 1977, ch. 175, § 14; 1979, ch. 410, § 10; T.C.A, § 53-6315; Acts 1984, ch. 577, § 12; T.C.A., § 68-46-115.
In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, permits, rules or regulations issued by the commissioner or the board to carry out this part by instituting legal proceedings to enjoin the actual or threatened violations of this part, and the orders, permits, rules or regulations of the commissioner or orders of the board in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the actual or threatened violations has or is about to occur, in the name of the department, by a staff attorney and under the supervision of the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury.
Acts 1977, ch. 175, § 14; 1979, ch. 410, § 10; T.C.A, § 53-6315; Acts 1984, ch. 577, § 12; T.C.A., § 68-46-115.
Tenn. Code Ann. § 68-221-214 — TN Code / Title 68 / Chapter 221 / Section 68-221-214
Part supplemental - Loan agreements governed by this part
Status: in_force

(a) This part shall be in addition and supplemental to any other law providing for the financing of sewage treatment works of local governments, and shall not be deemed to amend or repeal any other law. (b) No proceedings by a local government shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any law to the contrary. (c) No requirements or restraints applicable to borrowing by local governments contained in any other law shall be applicable to loans under this part. Acts 1990, ch. 767, § 4; T.C.A., § 68-13-214.
(a) This part shall be in addition and supplemental to any other law providing for the financing of sewage treatment works of local governments, and shall not be deemed to amend or repeal any other law.
(b) No proceedings by a local government shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any law to the contrary.
(c) No requirements or restraints applicable to borrowing by local governments contained in any other law shall be applicable to loans under this part.
Acts 1990, ch. 767, § 4; T.C.A., § 68-13-214.
Tenn. Code Ann. § 68-211-826 — TN Code / Title 68 / Chapter 211 / Section 68-211-826
Office of cooperative marketing for recyclables - Duties
Status: in_force

(a) From funds available from the solid waste management fund established by § 68-211-821 , the department of environment and conservation shall establish an office of cooperative marketing for recyclables. (b) The duties of the office of cooperative marketing for recyclables include: (1) Preparing and maintaining a directory of regional buyers, which shall include current information on product specifications, markets and price ranges; (2) Preparing and maintaining a directory of public and private, for profit and nonprofit recycling programs; (3) Collecting information on the quantity and quality of materials offered for sale by recycling programs; (4) Assisting counties in contract negotiation; (5) Creating a data base for and operating an interactive information clearinghouse and marketing service, which shall include pricing information; and (6) Maintaining an inventory of available quantities, qualities and locations of recyclable materials in Tennessee, and marketing such sites to industries which can utilize available materials. Acts 1991, ch. 451, § 30; T.C.A., § 68-31-826; Acts 2007 , ch. 462, § 8.
(a) From funds available from the solid waste management fund established by § 68-211-821 , the department of environment and conservation shall establish an office of cooperative marketing for recyclables.
(b) The duties of the office of cooperative marketing for recyclables include: (1) Preparing and maintaining a directory of regional buyers, which shall include current information on product specifications, markets and price ranges; (2) Preparing and maintaining a directory of public and private, for profit and nonprofit recycling programs; (3) Collecting information on the quantity and quality of materials offered for sale by recycling programs; (4) Assisting counties in contract negotiation; (5) Creating a data base for and operating an interactive information clearinghouse and marketing service, which shall include pricing information; and (6) Maintaining an inventory of available quantities, qualities and locations of recyclable materials in Tennessee, and marketing such sites to industries which can utilize available materials.
(1) Preparing and maintaining a directory of regional buyers, which shall include current information on product specifications, markets and price ranges;
(2) Preparing and maintaining a directory of public and private, for profit and nonprofit recycling programs;
(3) Collecting information on the quantity and quality of materials offered for sale by recycling programs;
(4) Assisting counties in contract negotiation;
(5) Creating a data base for and operating an interactive information clearinghouse and marketing service, which shall include pricing information; and
(6) Maintaining an inventory of available quantities, qualities and locations of recyclable materials in Tennessee, and marketing such sites to industries which can utilize available materials.
Acts 1991, ch. 451, § 30; T.C.A., § 68-31-826; Acts 2007 , ch. 462, § 8.
Tenn. Code Ann. § 68-211-854 — TN Code / Title 68 / Chapter 211 / Section 68-211-854
Contracting with private entities
Status: in_force

No provision of this part shall prohibit a county, municipality or solid waste authority from contracting with a private individual or entity for the provision of collection or recycling services in a county, municipality or solid waste authority. Acts 1991, ch. 451, § 24; T.C.A., § 68-31-854.
No provision of this part shall prohibit a county, municipality or solid waste authority from contracting with a private individual or entity for the provision of collection or recycling services in a county, municipality or solid waste authority.
Acts 1991, ch. 451, § 24; T.C.A., § 68-31-854.
Tenn. Code Ann. § 68-212-107 — TN Code / Title 68 / Chapter 212 / Section 68-212-107
Powers and duties of commissioner, department, and board
Status: in_force

(a) The commissioner shall exercise general supervision over the construction, operation, maintenance, closure, and where applicable, post-closure care of hazardous waste storage facilities, treatment facilities, and disposal facilities throughout the state. Such general supervision shall apply to all features of construction, operation, maintenance, closure, and, where applicable, post-closure care of such facilities which do or may affect the public health and safety or the quality of the environment, and which do or may affect the proper storage, treatment, or disposal of hazardous wastes. (b) For the purpose of developing or enforcing any rule or regulation authorized by this part, or enforcing any requirement of this part or order issued by the commissioner or board pursuant to this part, the commissioner is authorized to at any reasonable time: (1) Enter any place where wastes (which the commissioner has reason to believe may be hazardous) are, may be, or may have been generated, stored, transported, treated, disposed of, or otherwise handled; (2) Inspect and obtain samples of any waste (which the commissioner has reason to believe may be hazardous), samples of any containers or labeling for such wastes, and samples of ambient air, surface waters, and ground waters at the facility or site; and (3) Inspect and copy any records, reports, test results, or other information relating to the purposes of this part. (c) The board is authorized to request the commissioner or the commissioner's representatives to investigate, inspect and obtain samples from hazardous waste storage, treatment, or disposal facilities throughout the state. (d) The board is empowered to promulgate and adopt, in accordance with the rulemaking requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules and regulations as are required elsewhere in this part or are otherwise necessary or desirable to implement this part. Such rules and regulations shall include, but shall not necessarily be limited to: (1) Regulations setting out the criteria, lists, and any other necessary mechanisms for the determination of whether any substance is a hazardous waste for the purposes of this part; (2) Regulations providing procedures and requirements for the use of a manifest during the transportation of hazardous waste; (3) Regulations providing requirements for the location, design, construction, operation, maintenance, closure, and, where appropriate, post-closure care of hazardous waste treatment, storage, and disposal facilities as may be necessary or desirable for the safe storage, treatment, and disposal of hazardous wastes in the state; (4) Regulations providing appropriate requirements (including joint and several liability for owners and operators and submission of plans and specifications) and procedures governing application for issuance, renewal, modification, suspension, revocation, or denial of permits for hazardous waste treatment, storage, and disposal facilities; which requirements and procedures shall be consistent with the Uniform Administrative Procedures Act, and shall include provisions for public notice and comment and an opportunity for a public hearing prior to permit determinations; (5) Regulations providing requirements for the transportation, containerization, and labeling of hazardous waste which shall be consistent with those issued by the United States department of transportation and the Tennessee department of safety, to include requirements and procedures governing application for and issuance, renewal, modification, suspension, renovation or denial of permits for hazardous waste transporters; (6) Regulations providing requirements and procedures for notification by generators of hazardous waste and for the establishment, maintenance, and reporting of other information as necessary or desirable to achieve the purposes of this part; (7) Regulations providing for the assessment and collection of fees as provided in § 68-212-110 ; (8) Regulations establishing a schedule of administrative penalty amounts as provided in § 68-212-114(c) ; (9) Regulations which prohibit the land disposal of certain hazardous wastes if the board determines that such a prohibition is required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account: (A) The long-term uncertainties associated with land disposal; (B) The goal of managing hazardous waste in an appropriate manner in the first instance; and (C) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents; (10) (A) Regulations which shall establish conditions or criteria for the siting of commercial hazardous waste storage, treatment, and disposal facilities in this state. No permit may be issued for a proposed facility that does not conform to the conditions and criteria of those regulations. These conditions or criteria shall consider the differences between storage, treatment, and disposal facilities, and shall address, but not be limited to, the following: (i) Siting in floodplains, wetlands, seismic risk zones, and in areas underlaid by mature karst formations; (ii) Depth to groundwater and seasonal high water tables; (iii) Distances from public and private drinking water supplies; (iv) Distances from occupied dwellings including, but not limited to, private residences, public schools and other buildings, and commercial buildings, and buildings not associated with the facility; (v) Distances from scenic, cultural and recreational areas; (vi) The adequacy of the transportation routes to accommodate any increased traffic; (vii) The adequacy of the emergency response capabilities; and (viii) The economic impacts on the local community and the surrounding communities. (B) Regulations adopted pursuant to this subsection (d) shall not apply to any facility or site currently operating under authorization of the commissioner or to any facility permitted by the commissioner prior to adoption of such regulations; and (11) Regulations implementing the distance restrictions established by § 68-212-105(6) . (e) The board is empowered and authorized to act as the board of appeals to review actions of the commissioner arising from the implementation of this part in accordance with § 68-212-113 . For the purposes of this part, eight (8) members constitute a quorum, and a quorum may act for the board in all matters. (f) The provisions of title 13, chapter 18, regarding major energy projects, as defined in § 13-18-102 do not apply to this part. Amended by 2015 Tenn. Acts, ch. 292, s 10, eff. 7/1/2015. Acts 1977, ch. 175, § 6; 1979, ch. 410, § 5; 1980, ch. 899, § 10; 1981, ch. 131, § 34; 1981, ch. 174, §§ 10-14; T.C.A., § 53-6307; Acts 1984, ch. 577, § 5; 1986, ch. 644, § 5; 1989, ch. 552, § 5; T.C.A., § 68-46-107; Acts 1995, ch. 305, § 132; 1996, ch. 1033, §§ 1, 2; 1998, ch. 1089, § 2.
(a) The commissioner shall exercise general supervision over the construction, operation, maintenance, closure, and where applicable, post-closure care of hazardous waste storage facilities, treatment facilities, and disposal facilities throughout the state. Such general supervision shall apply to all features of construction, operation, maintenance, closure, and, where applicable, post-closure care of such facilities which do or may affect the public health and safety or the quality of the environment, and which do or may affect the proper storage, treatment, or disposal of hazardous wastes.
(b) For the purpose of developing or enforcing any rule or regulation authorized by this part, or enforcing any requirement of this part or order issued by the commissioner or board pursuant to this part, the commissioner is authorized to at any reasonable time: (1) Enter any place where wastes (which the commissioner has reason to believe may be hazardous) are, may be, or may have been generated, stored, transported, treated, disposed of, or otherwise handled; (2) Inspect and obtain samples of any waste (which the commissioner has reason to believe may be hazardous), samples of any containers or labeling for such wastes, and samples of ambient air, surface waters, and ground waters at the facility or site; and (3) Inspect and copy any records, reports, test results, or other information relating to the purposes of this part.
(1) Enter any place where wastes (which the commissioner has reason to believe may be hazardous) are, may be, or may have been generated, stored, transported, treated, disposed of, or otherwise handled;
(2) Inspect and obtain samples of any waste (which the commissioner has reason to believe may be hazardous), samples of any containers or labeling for such wastes, and samples of ambient air, surface waters, and ground waters at the facility or site; and
(3) Inspect and copy any records, reports, test results, or other information relating to the purposes of this part.
(c) The board is authorized to request the commissioner or the commissioner's representatives to investigate, inspect and obtain samples from hazardous waste storage, treatment, or disposal facilities throughout the state.
(d) The board is empowered to promulgate and adopt, in accordance with the rulemaking requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules and regulations as are required elsewhere in this part or are otherwise necessary or desirable to implement this part. Such rules and regulations shall include, but shall not necessarily be limited to: (1) Regulations setting out the criteria, lists, and any other necessary mechanisms for the determination of whether any substance is a hazardous waste for the purposes of this part; (2) Regulations providing procedures and requirements for the use of a manifest during the transportation of hazardous waste; (3) Regulations providing requirements for the location, design, construction, operation, maintenance, closure, and, where appropriate, post-closure care of hazardous waste treatment, storage, and disposal facilities as may be necessary or desirable for the safe storage, treatment, and disposal of hazardous wastes in the state; (4) Regulations providing appropriate requirements (including joint and several liability for owners and operators and submission of plans and specifications) and procedures governing application for issuance, renewal, modification, suspension, revocation, or denial of permits for hazardous waste treatment, storage, and disposal facilities; which requirements and procedures shall be consistent with the Uniform Administrative Procedures Act, and shall include provisions for public notice and comment and an opportunity for a public hearing prior to permit determinations; (5) Regulations providing requirements for the transportation, containerization, and labeling of hazardous waste which shall be consistent with those issued by the United States department of transportation and the Tennessee department of safety, to include requirements and procedures governing application for and issuance, renewal, modification, suspension, renovation or denial of permits for hazardous waste transporters; (6) Regulations providing requirements and procedures for notification by generators of hazardous waste and for the establishment, maintenance, and reporting of other information as necessary or desirable to achieve the purposes of this part; (7) Regulations providing for the assessment and collection of fees as provided in § 68-212-110 ; (8) Regulations establishing a schedule of administrative penalty amounts as provided in § 68-212-114(c) ; (9) Regulations which prohibit the land disposal of certain hazardous wastes if the board determines that such a prohibition is required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account: (A) The long-term uncertainties associated with land disposal; (B) The goal of managing hazardous waste in an appropriate manner in the first instance; and (C) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents; (10) (A) Regulations which shall establish conditions or criteria for the siting of commercial hazardous waste storage, treatment, and disposal facilities in this state. No permit may be issued for a proposed facility that does not conform to the conditions and criteria of those regulations. These conditions or criteria shall consider the differences between storage, treatment, and disposal facilities, and shall address, but not be limited to, the following: (i) Siting in floodplains, wetlands, seismic risk zones, and in areas underlaid by mature karst formations; (ii) Depth to groundwater and seasonal high water tables; (iii) Distances from public and private drinking water supplies; (iv) Distances from occupied dwellings including, but not limited to, private residences, public schools and other buildings, and commercial buildings, and buildings not associated with the facility; (v) Distances from scenic, cultural and recreational areas; (vi) The adequacy of the transportation routes to accommodate any increased traffic; (vii) The adequacy of the emergency response capabilities; and (viii) The economic impacts on the local community and the surrounding communities. (B) Regulations adopted pursuant to this subsection (d) shall not apply to any facility or site currently operating under authorization of the commissioner or to any facility permitted by the commissioner prior to adoption of such regulations; and (11) Regulations implementing the distance restrictions established by § 68-212-105(6) .
(1) Regulations setting out the criteria, lists, and any other necessary mechanisms for the determination of whether any substance is a hazardous waste for the purposes of this part;
(2) Regulations providing procedures and requirements for the use of a manifest during the transportation of hazardous waste;
(3) Regulations providing requirements for the location, design, construction, operation, maintenance, closure, and, where appropriate, post-closure care of hazardous waste treatment, storage, and disposal facilities as may be necessary or desirable for the safe storage, treatment, and disposal of hazardous wastes in the state;
(4) Regulations providing appropriate requirements (including joint and several liability for owners and operators and submission of plans and specifications) and procedures governing application for issuance, renewal, modification, suspension, revocation, or denial of permits for hazardous waste treatment, storage, and disposal facilities; which requirements and procedures shall be consistent with the Uniform Administrative Procedures Act, and shall include provisions for public notice and comment and an opportunity for a public hearing prior to permit determinations;
(5) Regulations providing requirements for the transportation, containerization, and labeling of hazardous waste which shall be consistent with those issued by the United States department of transportation and the Tennessee department of safety, to include requirements and procedures governing application for and issuance, renewal, modification, suspension, renovation or denial of permits for hazardous waste transporters;
(6) Regulations providing requirements and procedures for notification by generators of hazardous waste and for the establishment, maintenance, and reporting of other information as necessary or desirable to achieve the purposes of this part;
(7) Regulations providing for the assessment and collection of fees as provided in § 68-212-110 ;
(8) Regulations establishing a schedule of administrative penalty amounts as provided in § 68-212-114(c) ;
(9) Regulations which prohibit the land disposal of certain hazardous wastes if the board determines that such a prohibition is required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account: (A) The long-term uncertainties associated with land disposal; (B) The goal of managing hazardous waste in an appropriate manner in the first instance; and (C) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents;
(A) The long-term uncertainties associated with land disposal;
(B) The goal of managing hazardous waste in an appropriate manner in the first instance; and
(C) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents;
(10) (A) Regulations which shall establish conditions or criteria for the siting of commercial hazardous waste storage, treatment, and disposal facilities in this state. No permit may be issued for a proposed facility that does not conform to the conditions and criteria of those regulations. These conditions or criteria shall consider the differences between storage, treatment, and disposal facilities, and shall address, but not be limited to, the following: (i) Siting in floodplains, wetlands, seismic risk zones, and in areas underlaid by mature karst formations; (ii) Depth to groundwater and seasonal high water tables; (iii) Distances from public and private drinking water supplies; (iv) Distances from occupied dwellings including, but not limited to, private residences, public schools and other buildings, and commercial buildings, and buildings not associated with the facility; (v) Distances from scenic, cultural and recreational areas; (vi) The adequacy of the transportation routes to accommodate any increased traffic; (vii) The adequacy of the emergency response capabilities; and (viii) The economic impacts on the local community and the surrounding communities. (B) Regulations adopted pursuant to this subsection (d) shall not apply to any facility or site currently operating under authorization of the commissioner or to any facility permitted by the commissioner prior to adoption of such regulations; and
(A) Regulations which shall establish conditions or criteria for the siting of commercial hazardous waste storage, treatment, and disposal facilities in this state. No permit may be issued for a proposed facility that does not conform to the conditions and criteria of those regulations. These conditions or criteria shall consider the differences between storage, treatment, and disposal facilities, and shall address, but not be limited to, the following: (i) Siting in floodplains, wetlands, seismic risk zones, and in areas underlaid by mature karst formations; (ii) Depth to groundwater and seasonal high water tables; (iii) Distances from public and private drinking water supplies; (iv) Distances from occupied dwellings including, but not limited to, private residences, public schools and other buildings, and commercial buildings, and buildings not associated with the facility; (v) Distances from scenic, cultural and recreational areas; (vi) The adequacy of the transportation routes to accommodate any increased traffic; (vii) The adequacy of the emergency response capabilities; and (viii) The economic impacts on the local community and the surrounding communities.
(i) Siting in floodplains, wetlands, seismic risk zones, and in areas underlaid by mature karst formations;
(ii) Depth to groundwater and seasonal high water tables;
(iii) Distances from public and private drinking water supplies;
(iv) Distances from occupied dwellings including, but not limited to, private residences, public schools and other buildings, and commercial buildings, and buildings not associated with the facility;
(v) Distances from scenic, cultural and recreational areas;
(vi) The adequacy of the transportation routes to accommodate any increased traffic;
(vii) The adequacy of the emergency response capabilities; and
(viii) The economic impacts on the local community and the surrounding communities.
(B) Regulations adopted pursuant to this subsection (d) shall not apply to any facility or site currently operating under authorization of the commissioner or to any facility permitted by the commissioner prior to adoption of such regulations; and
(11) Regulations implementing the distance restrictions established by § 68-212-105(6) .
(e) The board is empowered and authorized to act as the board of appeals to review actions of the commissioner arising from the implementation of this part in accordance with § 68-212-113 . For the purposes of this part, eight (8) members constitute a quorum, and a quorum may act for the board in all matters.
(f) The provisions of title 13, chapter 18, regarding major energy projects, as defined in § 13-18-102 do not apply to this part.
Amended by 2015 Tenn. Acts, ch. 292, s 10, eff. 7/1/2015.
Acts 1977, ch. 175, § 6; 1979, ch. 410, § 5; 1980, ch. 899, § 10; 1981, ch. 131, § 34; 1981, ch. 174, §§ 10-14; T.C.A., § 53-6307; Acts 1984, ch. 577, § 5; 1986, ch. 644, § 5; 1989, ch. 552, § 5; T.C.A., § 68-46-107; Acts 1995, ch. 305, § 132; 1996, ch. 1033, §§ 1, 2; 1998, ch. 1089, § 2.
Tenn. Code Ann. § 68-202-413 — TN Code / Title 68 / Chapter 202 / Section 68-202-413
Rules and regulations
Status: in_force

The commissioner shall adopt, promulgate, and enforce such rules and regulations as necessary to implement and enforce this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1976, ch. 475, § 13; T.C.A., §§ 53-3335, 68-23-413.
The commissioner shall adopt, promulgate, and enforce such rules and regulations as necessary to implement and enforce this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1976, ch. 475, § 13; T.C.A., §§ 53-3335, 68-23-413.
Tenn. Code Ann. § 68-221-906 — TN Code / Title 68 / Chapter 221 / Section 68-221-906
Powers and duties of board
Status: in_force

(a) Duties and authority of the board include: (1) Adopt, modify, repeal, promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and, after due notice, enforce rules and regulations which the board deems necessary for proper administration of this part; (2) Hold at least one (1) examination annually at a designated time and place for the purpose of examining candidates for certification; (3) Advertise and promote the program; (4) Encourage other operators to become certified besides those required by law; (5) Distribute applications and notices; (6) Receive and evaluate applications; (7) Prepare, conduct and grade examinations; (8) Set up a system of fees and late penalties for applicants to support the expenses of the program; (9) Maintain all records of the program, and maintain a register of certified operators; (10) Promote and schedule regular training schools and programs; (11) Hear appeals from any order or ruling issued by the commissioner, and affirm, modify or revoke such order or ruling; issue notices of such appeals and subpoenas requiring attendance of such witnesses and production of such evidence; administer oaths; and take such testimony as the board deems necessary. Any such appeals must be filed with the board within thirty (30) days of issuance of such order or ruling; and (12) Recommend to the commissioner the staff required to effectively administer the requirements of this part. (b) The board has the authority to hear appeals from orders and civil penalties made or assessed by the commissioner under this part. Amended by 2013 Tenn. Acts, ch. 362,s 5, eff. 7/1/2013. Acts 1984, ch. 812, § 5; T.C.A., § 68-13-906.
(a) Duties and authority of the board include: (1) Adopt, modify, repeal, promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and, after due notice, enforce rules and regulations which the board deems necessary for proper administration of this part; (2) Hold at least one (1) examination annually at a designated time and place for the purpose of examining candidates for certification; (3) Advertise and promote the program; (4) Encourage other operators to become certified besides those required by law; (5) Distribute applications and notices; (6) Receive and evaluate applications; (7) Prepare, conduct and grade examinations; (8) Set up a system of fees and late penalties for applicants to support the expenses of the program; (9) Maintain all records of the program, and maintain a register of certified operators; (10) Promote and schedule regular training schools and programs; (11) Hear appeals from any order or ruling issued by the commissioner, and affirm, modify or revoke such order or ruling; issue notices of such appeals and subpoenas requiring attendance of such witnesses and production of such evidence; administer oaths; and take such testimony as the board deems necessary. Any such appeals must be filed with the board within thirty (30) days of issuance of such order or ruling; and (12) Recommend to the commissioner the staff required to effectively administer the requirements of this part.
(1) Adopt, modify, repeal, promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and, after due notice, enforce rules and regulations which the board deems necessary for proper administration of this part;
(2) Hold at least one (1) examination annually at a designated time and place for the purpose of examining candidates for certification;
(3) Advertise and promote the program;
(4) Encourage other operators to become certified besides those required by law;
(5) Distribute applications and notices;
(6) Receive and evaluate applications;
(7) Prepare, conduct and grade examinations;
(8) Set up a system of fees and late penalties for applicants to support the expenses of the program;
(9) Maintain all records of the program, and maintain a register of certified operators;
(10) Promote and schedule regular training schools and programs;
(11) Hear appeals from any order or ruling issued by the commissioner, and affirm, modify or revoke such order or ruling; issue notices of such appeals and subpoenas requiring attendance of such witnesses and production of such evidence; administer oaths; and take such testimony as the board deems necessary. Any such appeals must be filed with the board within thirty (30) days of issuance of such order or ruling; and
(12) Recommend to the commissioner the staff required to effectively administer the requirements of this part.
(b) The board has the authority to hear appeals from orders and civil penalties made or assessed by the commissioner under this part.
Amended by 2013 Tenn. Acts, ch. 362,s 5, eff. 7/1/2013.
Acts 1984, ch. 812, § 5; T.C.A., § 68-13-906.
Tenn. Code Ann. § 68-202-308 — TN Code / Title 68 / Chapter 202 / Section 68-202-308
Other radiation laws not repealed
Status: repealed

This part shall not be construed as repealing any laws of this state relating to radiation sources or radiation protection. Acts 1974, ch. 678, § 10; T.C.A., §§ 53-3322, 68-23-308.
This part shall not be construed as repealing any laws of this state relating to radiation sources or radiation protection.
Acts 1974, ch. 678, § 10; T.C.A., §§ 53-3322, 68-23-308.
Tenn. Code Ann. § 68-202-305 — TN Code / Title 68 / Chapter 202 / Section 68-202-305
Payment of expense of removal or correction
Status: in_force

If such person within thirty (30) days thereafter fails, neglects or refuses to pay the department the expense thereby incurred by it, the commissioner shall certify the expense to the commissioner of finance and administration for payment. Acts 1974, ch. 678, § 5; T.C.A., § 53-3318; Acts 1986, ch. 569, § 8; T.C.A., § 68-23-305.
If such person within thirty (30) days thereafter fails, neglects or refuses to pay the department the expense thereby incurred by it, the commissioner shall certify the expense to the commissioner of finance and administration for payment.
Acts 1974, ch. 678, § 5; T.C.A., § 53-3318; Acts 1986, ch. 569, § 8; T.C.A., § 68-23-305.
Tenn. Code Ann. § 68-215-124 — TN Code / Title 68 / Chapter 215 / Section 68-215-124
Exemptions
Status: in_force

Exempted from this chapter are: (1) Septic tanks; (2) Farm or residential tanks of one thousand one hundred gallons (1,100 gal.) or less used for storing motor fuel for noncommercial purposes; (3) Tanks used for storing heating oil for consumption on the premises where stored; (4) Pipeline facilities (including gathering lines) regulated under: (A) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Appx. § 60101 et seq.); (B) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Appx. § 60101 et seq.); or (C) State laws comparable to the law referred to in subdivision (4)(A) or (4)(B), if it is an intrastate pipeline; (5) Surface impoundments, pits, ponds, or lagoons; (6) Storm water or waste water collection systems; (7) Flow-through process tanks; (8) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; (9) Petroleum storage tanks situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor; and (10) Pipes or connections connected to exempted tanks. Acts 1988, ch. 984, § 4; T.C.A., § 68-53-124.
Exempted from this chapter are:
(1) Septic tanks;
(2) Farm or residential tanks of one thousand one hundred gallons (1,100 gal.) or less used for storing motor fuel for noncommercial purposes;
(3) Tanks used for storing heating oil for consumption on the premises where stored;
(4) Pipeline facilities (including gathering lines) regulated under: (A) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Appx. § 60101 et seq.); (B) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Appx. § 60101 et seq.); or (C) State laws comparable to the law referred to in subdivision (4)(A) or (4)(B), if it is an intrastate pipeline;
(A) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Appx. § 60101 et seq.);
(B) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Appx. § 60101 et seq.); or
(C) State laws comparable to the law referred to in subdivision (4)(A) or (4)(B), if it is an intrastate pipeline;
(5) Surface impoundments, pits, ponds, or lagoons;
(6) Storm water or waste water collection systems;
(7) Flow-through process tanks;
(8) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;
(9) Petroleum storage tanks situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor; and
(10) Pipes or connections connected to exempted tanks.
Acts 1988, ch. 984, § 4; T.C.A., § 68-53-124.
Tenn. Code Ann. § 68-201-102 — TN Code / Title 68 / Chapter 201 / Section 68-201-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combinations thereof; (2) "Air contaminant source" means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. Without limiting the generality of the definition of air contaminant source, air contaminant source includes all types of business, commercial and industrial plants, works, shops and stores, and heating and power plants and stations, buildings and other structures of all types, including multiple family residences, apartments, houses, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional buildings, automobiles, trucks, tractors, buses and other motor vehicles, garages and vending and service locations and stations, railroad locomotives, ships, boats and other waterborne craft, portable fuel-burning equipment, incinerators of all types, indoor and outdoor, refuse dumps and piles, and all stack and other chimney outlets from any of the foregoing; (3) "Air pollution" means presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property; (4) "Board" means the air pollution control board; (5) "Commissioner" means the commissioner of environment and conservation or the commissioner's duly authorized representative or, in the event of such person's absence or a vacancy in the office of commissioner, the deputy commissioner; (6) "Department" means the department of environment and conservation; (7) "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, an agency, authority, commission or department of the United States government or of the state of Tennessee government, or any other legal entity, or their legal representative, agent, or assigns; (8) "Political subdivision" means any municipality, city, incorporated town, county, district or authority, or any portion or combination of two (2) or more thereof; (9) "Regulations" means the standards, policies, rules and regulations promulgated by the board to attain and maintain ambient air quality standards within the intent and purpose of this part; and (10) "Technical secretary" means the technical secretary of the air pollution control board. Acts 1967, ch. 367, § 2; 1971, ch. 362, § 2; 1977, ch. 169, § 1; 1979, ch. 299, §§ 1, 7; T.C.A., § 53-3409; Acts 1984, ch. 788, § 1; T.C.A., § 68-25-102; Acts 2004, ch. 926, § 7.
As used in this part, unless the context otherwise requires:
(1) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combinations thereof;
(2) "Air contaminant source" means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. Without limiting the generality of the definition of air contaminant source, air contaminant source includes all types of business, commercial and industrial plants, works, shops and stores, and heating and power plants and stations, buildings and other structures of all types, including multiple family residences, apartments, houses, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional buildings, automobiles, trucks, tractors, buses and other motor vehicles, garages and vending and service locations and stations, railroad locomotives, ships, boats and other waterborne craft, portable fuel-burning equipment, incinerators of all types, indoor and outdoor, refuse dumps and piles, and all stack and other chimney outlets from any of the foregoing;
(3) "Air pollution" means presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property;
(4) "Board" means the air pollution control board;
(5) "Commissioner" means the commissioner of environment and conservation or the commissioner's duly authorized representative or, in the event of such person's absence or a vacancy in the office of commissioner, the deputy commissioner;
(6) "Department" means the department of environment and conservation;
(7) "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, an agency, authority, commission or department of the United States government or of the state of Tennessee government, or any other legal entity, or their legal representative, agent, or assigns;
(8) "Political subdivision" means any municipality, city, incorporated town, county, district or authority, or any portion or combination of two (2) or more thereof;
(9) "Regulations" means the standards, policies, rules and regulations promulgated by the board to attain and maintain ambient air quality standards within the intent and purpose of this part; and
(10) "Technical secretary" means the technical secretary of the air pollution control board.
Acts 1967, ch. 367, § 2; 1971, ch. 362, § 2; 1977, ch. 169, § 1; 1979, ch. 299, §§ 1, 7; T.C.A., § 53-3409; Acts 1984, ch. 788, § 1; T.C.A., § 68-25-102; Acts 2004, ch. 926, § 7.
Tenn. Code Ann. § 68-221-409 — TN Code / Title 68 / Chapter 221 / Section 68-221-409
Permits required - Performance bond requirement - Sewer moratoriums - Disclosure upon transfer
Status: in_force

(a) Any person proposing to construct, alter, extend or repair subsurface sewage disposal systems, or engage in the business of removing accumulated wastes from such systems, shall secure a permit from the commissioner, in accordance with this part and rules and regulations promulgated pursuant to this part. (b) If the permit of an installer of subsurface sewage disposal systems has been suspended or revoked after January 1, 2006, or if the department denies an application for renewal of a permit after January 1, 2006, and the permit is later reinstated or the installer later applies for a new permit, then to be eligible to receive such reinstated or new permit, the installer shall file with the commissioner a performance bond, or an irrevocable letter of credit, in the amount of thirty thousand dollars ($30,000), for the benefit of any person who hires the installer and is damaged because of any negligence or fraud by the installer. Any person so damaged may sue directly on the bond without assignment of the bond. Liability under any such bond may not exceed, in the aggregate, the amount of the bond. If the bond of such installer later ceases to be in effect, the permit of the installer shall become null and void, subject to reinstatement, if a new bond is provided. (c) (1) The commissioner shall not deny a permit for a subsurface sewage disposal system solely because a public sewer system is accessible if: (A) The department or a local government has placed a moratorium on additional connections to the public sewer system; and (B) The applicant submits documentation with the application for a permit that the applicant cannot connect, or has been delayed from connecting, to the public sewer system because of the moratorium. (2) For purposes of subdivision (c)(1)(B), a person has been delayed from connecting to a public sewer system because of a moratorium if the person has been placed on a waiting list by the public sewer system due to a moratorium. (d) In any transfer by sale, exchange, installment land sales contract, or lease with option to buy residential real property consisting of not less than one (1) nor more than four (4) dwelling units, including site-built and nonsite-built homes, for which a permit was issued under this part and a subsurface sewage disposal system installed, whether or not the transaction is consummated with the assistance of a licensed real estate broker or affiliate broker, the potential future obligation to connect to the public sewer system must be disclosed by the seller to the purchaser. The remedies for a failure to disclose are the same as those provided under title 66, chapter 5, part 2. Amended by 2019 Tenn. Acts, ch. 116,s 1, eff. 4/9/2019. Acts 1973, ch. 188, § 7; T.C.A., § 53-2050; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-409; Acts 2005, ch. 495, §§ 1 - 3; 2010, ch. 1032, § 21.
(a) Any person proposing to construct, alter, extend or repair subsurface sewage disposal systems, or engage in the business of removing accumulated wastes from such systems, shall secure a permit from the commissioner, in accordance with this part and rules and regulations promulgated pursuant to this part.
(b) If the permit of an installer of subsurface sewage disposal systems has been suspended or revoked after January 1, 2006, or if the department denies an application for renewal of a permit after January 1, 2006, and the permit is later reinstated or the installer later applies for a new permit, then to be eligible to receive such reinstated or new permit, the installer shall file with the commissioner a performance bond, or an irrevocable letter of credit, in the amount of thirty thousand dollars ($30,000), for the benefit of any person who hires the installer and is damaged because of any negligence or fraud by the installer. Any person so damaged may sue directly on the bond without assignment of the bond. Liability under any such bond may not exceed, in the aggregate, the amount of the bond. If the bond of such installer later ceases to be in effect, the permit of the installer shall become null and void, subject to reinstatement, if a new bond is provided.
(c) (1) The commissioner shall not deny a permit for a subsurface sewage disposal system solely because a public sewer system is accessible if: (A) The department or a local government has placed a moratorium on additional connections to the public sewer system; and (B) The applicant submits documentation with the application for a permit that the applicant cannot connect, or has been delayed from connecting, to the public sewer system because of the moratorium. (2) For purposes of subdivision (c)(1)(B), a person has been delayed from connecting to a public sewer system because of a moratorium if the person has been placed on a waiting list by the public sewer system due to a moratorium.
(1) The commissioner shall not deny a permit for a subsurface sewage disposal system solely because a public sewer system is accessible if: (A) The department or a local government has placed a moratorium on additional connections to the public sewer system; and (B) The applicant submits documentation with the application for a permit that the applicant cannot connect, or has been delayed from connecting, to the public sewer system because of the moratorium.
(A) The department or a local government has placed a moratorium on additional connections to the public sewer system; and
(B) The applicant submits documentation with the application for a permit that the applicant cannot connect, or has been delayed from connecting, to the public sewer system because of the moratorium.
(2) For purposes of subdivision (c)(1)(B), a person has been delayed from connecting to a public sewer system because of a moratorium if the person has been placed on a waiting list by the public sewer system due to a moratorium.
(d) In any transfer by sale, exchange, installment land sales contract, or lease with option to buy residential real property consisting of not less than one (1) nor more than four (4) dwelling units, including site-built and nonsite-built homes, for which a permit was issued under this part and a subsurface sewage disposal system installed, whether or not the transaction is consummated with the assistance of a licensed real estate broker or affiliate broker, the potential future obligation to connect to the public sewer system must be disclosed by the seller to the purchaser. The remedies for a failure to disclose are the same as those provided under title 66, chapter 5, part 2.
Amended by 2019 Tenn. Acts, ch. 116,s 1, eff. 4/9/2019.
Acts 1973, ch. 188, § 7; T.C.A., § 53-2050; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-409; Acts 2005, ch. 495, §§ 1 - 3; 2010, ch. 1032, § 21.
Tenn. Code Ann. § 68-202-306 — TN Code / Title 68 / Chapter 202 / Section 68-202-306
Unpaid expense as lien on property - Filing and registration of lien
Status: in_force

(a) The expense so paid, together with twenty-five percent (25%) penalty thereon, shall be a lien on the property, including the real estate on which the property is located, and except the lien for taxes assessed and due the state, county and city wherein the property is located. (b) In order to make the lien against the property valid and binding, the commissioner shall, immediately upon serving the order, file a copy in the register's office of the county where the property is located and cause the same to be registered. The order so registered shall be notice to all parties. Acts 1974, ch. 678, §§ 6, 8; T.C.A., §§ 53-3319, 68-23-306.
(a) The expense so paid, together with twenty-five percent (25%) penalty thereon, shall be a lien on the property, including the real estate on which the property is located, and except the lien for taxes assessed and due the state, county and city wherein the property is located.
(b) In order to make the lien against the property valid and binding, the commissioner shall, immediately upon serving the order, file a copy in the register's office of the county where the property is located and cause the same to be registered. The order so registered shall be notice to all parties.
Acts 1974, ch. 678, §§ 6, 8; T.C.A., §§ 53-3319, 68-23-306.
Tenn. Code Ann. § 68-202-301 — TN Code / Title 68 / Chapter 202 / Section 68-202-301
Part definitions
Status: in_force

The following definitions apply in the interpretation and enforcement of this part: (1) "Commissioner" refers to the commissioner of environment and conservation or the commissioner's designated representative; (2) "Department" refers to the department of environment and conservation; (3) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government; (4) "Radiation" includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and x-rays; alpha and beta particles; electrons, neutrons and protons; and other nuclear particles but not radio waves or visible, infrared or ultraviolet light; and (5) "Radiation source" includes material which emits radiation spontaneously, or apparatus which produces, or may produce when the associated controls are operated, one (1) or more forms of radiation. Acts 1974, ch. 678, § 1; T.C.A., § 53-3314; Acts 1986, ch. 569, § 6; T.C.A., § 68-23-301.
The following definitions apply in the interpretation and enforcement of this part:
(1) "Commissioner" refers to the commissioner of environment and conservation or the commissioner's designated representative;
(2) "Department" refers to the department of environment and conservation;
(3) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government;
(4) "Radiation" includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and x-rays; alpha and beta particles; electrons, neutrons and protons; and other nuclear particles but not radio waves or visible, infrared or ultraviolet light; and
(5) "Radiation source" includes material which emits radiation spontaneously, or apparatus which produces, or may produce when the associated controls are operated, one (1) or more forms of radiation.
Acts 1974, ch. 678, § 1; T.C.A., § 53-3314; Acts 1986, ch. 569, § 6; T.C.A., § 68-23-301.
Tenn. Code Ann. § 68-212-217 — TN Code / Title 68 / Chapter 212 / Section 68-212-217
Landfill permits - Public hearings
Status: in_force

The board, by rules and regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall develop a procedure for public hearings and comment to be conducted in conjunction with the granting of permits pursuant to § 68-212-108 for a commercial landfill facility for the disposal of hazardous wastes. Information concerning facilities to be permitted shall be available to the public upon request if not designated as proprietary pursuant to § 68-212-109 . The information and testimony presented by the public shall be considered by the commissioner and the board prior to granting a permit. Acts 1983, ch. 423, § 17; T.C.A., § 68-46-217.
The board, by rules and regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall develop a procedure for public hearings and comment to be conducted in conjunction with the granting of permits pursuant to § 68-212-108 for a commercial landfill facility for the disposal of hazardous wastes. Information concerning facilities to be permitted shall be available to the public upon request if not designated as proprietary pursuant to § 68-212-109 . The information and testimony presented by the public shall be considered by the commissioner and the board prior to granting a permit.
Acts 1983, ch. 423, § 17; T.C.A., § 68-46-217.
Tenn. Code Ann. § 68-212-504 — TN Code / Title 68 / Chapter 212 / Section 68-212-504
Rules
Status: in_force

The commissioner is authorized to promulgate rules concerning the inspection, testing and quarantine of property affected by this part. Acts 2004, ch. 855, § 5.
The commissioner is authorized to promulgate rules concerning the inspection, testing and quarantine of property affected by this part.
Acts 2004, ch. 855, § 5.
Tenn. Code Ann. § 68-221-1016 — TN Code / Title 68 / Chapter 221 / Section 68-221-1016
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 44, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 657, s 13, eff. 3/15/2022. Acts 2020, ch. 572, § 2.
Repealed by 2023 Tenn. Acts, ch. 463, s 44, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 13, eff. 3/15/2022.
Acts 2020, ch. 572, § 2.
Tenn. Code Ann. § 68-211-119 — TN Code / Title 68 / Chapter 211 / Section 68-211-119
Baled waste - Disposal in landfills with permits - Exceptions
Status: in_force

(a) Baled waste may only be disposed of in a landfill that has received a permit pursuant to § 68-212-108 , unless: (1) The waste was baled at a location subject to inspection by the commissioner in accordance with a permit issued pursuant to regulations adopted by the board, specifying terms and conditions required for the issuance of all such permits, and the operator of the baling facility certifies on a form supplied by the commissioner that: (A) The waste was visually inspected before baling; (B) All waste which could not visually be determined to be of a type that may lawfully be accepted at the disposal or processing facility to which the waste will be transported was either: (i) Sampled in accordance with a plan approved by the commissioner and determined to be lawfully acceptable under the destined facility's permit, this part and rules promulgated pursuant to this part; or (ii) Returned to the transporter as unacceptable; (C) The baling facility, by processing such waste, did not violate this part; and (D) The waste was properly manifested; or (2) Such bales are verified to contain only waste of the type that the receiving landfill is permitted to receive. If the waste is not baled in accordance with a permit issued pursuant to this part, such verification shall be made by the permittee of the receiving landfill on a form supplied by the commissioner and shall contain at least the following certifications: (A) The department was orally notified by the permittee of the receiving landfill of the intended disposal of baled waste at least twenty-four (24) hours prior to the landfill's receipt of such waste, so that the commissioner has an opportunity to inspect or supervise inspection of the waste by the permittee so as to comply with subdivisions (a)(2)(B) and (C); (B) Each bale was physically opened, visually inspected and rebaled; (C) All waste which could not visually be determined to be of a type which the facility is permitted to receive was either: (i) Sampled in accordance with a plan approved by the commissioner and determined to be acceptable under the facility's permit and rules promulgated pursuant to this part; or (ii) Returned to the transporter as unacceptable; (D) The landfill, by accepting such waste, did not violate this part; and (E) The waste was properly manifested. (b) The certifications required by subdivision (a)(1) shall be submitted to the department within thirty (30) days after the waste is baled. The certifications required by subdivision (a)(2) shall be submitted to the department within thirty (30) days after the disposal of the baled waste. Acts 1991, ch. 451, § 8; T.C.A., § 68-31-119.
(a) Baled waste may only be disposed of in a landfill that has received a permit pursuant to § 68-212-108 , unless: (1) The waste was baled at a location subject to inspection by the commissioner in accordance with a permit issued pursuant to regulations adopted by the board, specifying terms and conditions required for the issuance of all such permits, and the operator of the baling facility certifies on a form supplied by the commissioner that: (A) The waste was visually inspected before baling; (B) All waste which could not visually be determined to be of a type that may lawfully be accepted at the disposal or processing facility to which the waste will be transported was either: (i) Sampled in accordance with a plan approved by the commissioner and determined to be lawfully acceptable under the destined facility's permit, this part and rules promulgated pursuant to this part; or (ii) Returned to the transporter as unacceptable; (C) The baling facility, by processing such waste, did not violate this part; and (D) The waste was properly manifested; or (2) Such bales are verified to contain only waste of the type that the receiving landfill is permitted to receive. If the waste is not baled in accordance with a permit issued pursuant to this part, such verification shall be made by the permittee of the receiving landfill on a form supplied by the commissioner and shall contain at least the following certifications: (A) The department was orally notified by the permittee of the receiving landfill of the intended disposal of baled waste at least twenty-four (24) hours prior to the landfill's receipt of such waste, so that the commissioner has an opportunity to inspect or supervise inspection of the waste by the permittee so as to comply with subdivisions (a)(2)(B) and (C); (B) Each bale was physically opened, visually inspected and rebaled; (C) All waste which could not visually be determined to be of a type which the facility is permitted to receive was either: (i) Sampled in accordance with a plan approved by the commissioner and determined to be acceptable under the facility's permit and rules promulgated pursuant to this part; or (ii) Returned to the transporter as unacceptable; (D) The landfill, by accepting such waste, did not violate this part; and (E) The waste was properly manifested.
(1) The waste was baled at a location subject to inspection by the commissioner in accordance with a permit issued pursuant to regulations adopted by the board, specifying terms and conditions required for the issuance of all such permits, and the operator of the baling facility certifies on a form supplied by the commissioner that: (A) The waste was visually inspected before baling; (B) All waste which could not visually be determined to be of a type that may lawfully be accepted at the disposal or processing facility to which the waste will be transported was either: (i) Sampled in accordance with a plan approved by the commissioner and determined to be lawfully acceptable under the destined facility's permit, this part and rules promulgated pursuant to this part; or (ii) Returned to the transporter as unacceptable; (C) The baling facility, by processing such waste, did not violate this part; and (D) The waste was properly manifested; or
(A) The waste was visually inspected before baling;
(B) All waste which could not visually be determined to be of a type that may lawfully be accepted at the disposal or processing facility to which the waste will be transported was either: (i) Sampled in accordance with a plan approved by the commissioner and determined to be lawfully acceptable under the destined facility's permit, this part and rules promulgated pursuant to this part; or (ii) Returned to the transporter as unacceptable;
(i) Sampled in accordance with a plan approved by the commissioner and determined to be lawfully acceptable under the destined facility's permit, this part and rules promulgated pursuant to this part; or
(ii) Returned to the transporter as unacceptable;
(C) The baling facility, by processing such waste, did not violate this part; and
(D) The waste was properly manifested; or
(2) Such bales are verified to contain only waste of the type that the receiving landfill is permitted to receive. If the waste is not baled in accordance with a permit issued pursuant to this part, such verification shall be made by the permittee of the receiving landfill on a form supplied by the commissioner and shall contain at least the following certifications: (A) The department was orally notified by the permittee of the receiving landfill of the intended disposal of baled waste at least twenty-four (24) hours prior to the landfill's receipt of such waste, so that the commissioner has an opportunity to inspect or supervise inspection of the waste by the permittee so as to comply with subdivisions (a)(2)(B) and (C); (B) Each bale was physically opened, visually inspected and rebaled; (C) All waste which could not visually be determined to be of a type which the facility is permitted to receive was either: (i) Sampled in accordance with a plan approved by the commissioner and determined to be acceptable under the facility's permit and rules promulgated pursuant to this part; or (ii) Returned to the transporter as unacceptable; (D) The landfill, by accepting such waste, did not violate this part; and (E) The waste was properly manifested.
(A) The department was orally notified by the permittee of the receiving landfill of the intended disposal of baled waste at least twenty-four (24) hours prior to the landfill's receipt of such waste, so that the commissioner has an opportunity to inspect or supervise inspection of the waste by the permittee so as to comply with subdivisions (a)(2)(B) and (C);
(B) Each bale was physically opened, visually inspected and rebaled;
(C) All waste which could not visually be determined to be of a type which the facility is permitted to receive was either: (i) Sampled in accordance with a plan approved by the commissioner and determined to be acceptable under the facility's permit and rules promulgated pursuant to this part; or (ii) Returned to the transporter as unacceptable;
(i) Sampled in accordance with a plan approved by the commissioner and determined to be acceptable under the facility's permit and rules promulgated pursuant to this part; or
(ii) Returned to the transporter as unacceptable;
(D) The landfill, by accepting such waste, did not violate this part; and
(E) The waste was properly manifested.
(b) The certifications required by subdivision (a)(1) shall be submitted to the department within thirty (30) days after the waste is baled. The certifications required by subdivision (a)(2) shall be submitted to the department within thirty (30) days after the disposal of the baled waste.
Acts 1991, ch. 451, § 8; T.C.A., § 68-31-119.
Tenn. Code Ann. § 68-221-913 — TN Code / Title 68 / Chapter 221 / Section 68-221-913
Collection of fees - Funding
Status: in_force

(a) All fees collected under this part shall be paid into the state treasury. (b) The department of finance and administration, with the governor's approval, is authorized to allot to the department of environment and conservation such funds as are necessary for the administration of this part, and the department is designated as the administrative agency for the board created by this part. Acts 1984, ch. 812, § 12; T.C.A., § 68-13-913.
(a) All fees collected under this part shall be paid into the state treasury.
(b) The department of finance and administration, with the governor's approval, is authorized to allot to the department of environment and conservation such funds as are necessary for the administration of this part, and the department is designated as the administrative agency for the board created by this part.
Acts 1984, ch. 812, § 12; T.C.A., § 68-13-913.
Tenn. Code Ann. § 68-202-310 — TN Code / Title 68 / Chapter 202 / Section 68-202-310
Injunctions
Status: in_force

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury. Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-310.
In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury.
Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-310.
Tenn. Code Ann. § 68-211-833 — TN Code / Title 68 / Chapter 211 / Section 68-211-833
Disposal of hazardous waste in public schools
Status: in_force

Funds available in the solid waste management fund may be used by the department to provide for the proper disposal of hazardous waste or other materials, deemed by the department to pose a hazard to students or the environment, in public kindergarten through grade twelve (K-12) schools. Acts 2007, ch. 462, § 11.
Funds available in the solid waste management fund may be used by the department to provide for the proper disposal of hazardous waste or other materials, deemed by the department to pose a hazard to students or the environment, in public kindergarten through grade twelve (K-12) schools.
Acts 2007, ch. 462, § 11.
Tenn. Code Ann. § 68-215-129 — TN Code / Title 68 / Chapter 215 / Section 68-215-129
Cleanup contracts - Requirements
Status: in_force

(a) Any person who contracts to provide investigation, identification, containment, cleanup, monitoring or maintenance of a petroleum site pursuant to this chapter shall be subject to the following requirements: (1) All contracts for such services shall be in writing and shall be signed by the owner, operator or other party obligated to pay for such services; (2) All such contracts shall clearly indicate which charges are required by the department to remediate the petroleum site to acceptable state standards and which charges are associated with work performed for tasks other than the remediation of the petroleum site to acceptable state standards; and (3) All such contracts shall include an express agreement that is clearly denoted by bold style type or other clearly distinguishable print and that requires the obligated party to initial or execute by a second signature, which agreement shall denote the obligated party's authorization or agreement to pay for all costs for work other than remediation of the petroleum site to acceptable state standards. (b) Any person who fails to comply with this section shall not be entitled to receive any reimbursement from the fund until compliance with this section is demonstrated to the satisfaction of the department. (c) This section shall only apply to contracts or agreements entered into, renewed or extended after June 30, 1997. Acts 1997, ch. 444, § 3; 2008, ch. 794, § 14.
(a) Any person who contracts to provide investigation, identification, containment, cleanup, monitoring or maintenance of a petroleum site pursuant to this chapter shall be subject to the following requirements: (1) All contracts for such services shall be in writing and shall be signed by the owner, operator or other party obligated to pay for such services; (2) All such contracts shall clearly indicate which charges are required by the department to remediate the petroleum site to acceptable state standards and which charges are associated with work performed for tasks other than the remediation of the petroleum site to acceptable state standards; and (3) All such contracts shall include an express agreement that is clearly denoted by bold style type or other clearly distinguishable print and that requires the obligated party to initial or execute by a second signature, which agreement shall denote the obligated party's authorization or agreement to pay for all costs for work other than remediation of the petroleum site to acceptable state standards.
(1) All contracts for such services shall be in writing and shall be signed by the owner, operator or other party obligated to pay for such services;
(2) All such contracts shall clearly indicate which charges are required by the department to remediate the petroleum site to acceptable state standards and which charges are associated with work performed for tasks other than the remediation of the petroleum site to acceptable state standards; and
(3) All such contracts shall include an express agreement that is clearly denoted by bold style type or other clearly distinguishable print and that requires the obligated party to initial or execute by a second signature, which agreement shall denote the obligated party's authorization or agreement to pay for all costs for work other than remediation of the petroleum site to acceptable state standards.
(b) Any person who fails to comply with this section shall not be entitled to receive any reimbursement from the fund until compliance with this section is demonstrated to the satisfaction of the department.
(c) This section shall only apply to contracts or agreements entered into, renewed or extended after June 30, 1997.
Acts 1997, ch. 444, § 3; 2008, ch. 794, § 14.
Tenn. Code Ann. § 68-201-110 — TN Code / Title 68 / Chapter 201 / Section 68-201-110
Judicial review
Status: in_force

An appeal may be taken from any final order or other final determination pursuant to this part by any party, including the department, who is or may be adversely affected by such order or determination. Such appeals shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3; provided, that no hearing shall be allowed by the chancery court from any disposition made by the board if such disposition has become final as a result of a person's failure to appear at a hearing after having requested such hearing or after having received adequate notice. Acts 1967, ch. 367, § 10; 1971, ch. 108, § 8; 1981, ch. 449, § 2; T.C.A., § 53-3417; Acts 1984, ch. 788, § 10; 1989, ch. 321, § 12; T.C.A., § 68-25-110.
An appeal may be taken from any final order or other final determination pursuant to this part by any party, including the department, who is or may be adversely affected by such order or determination. Such appeals shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3; provided, that no hearing shall be allowed by the chancery court from any disposition made by the board if such disposition has become final as a result of a person's failure to appear at a hearing after having requested such hearing or after having received adequate notice.
Acts 1967, ch. 367, § 10; 1971, ch. 108, § 8; 1981, ch. 449, § 2; T.C.A., § 53-3417; Acts 1984, ch. 788, § 10; 1989, ch. 321, § 12; T.C.A., § 68-25-110.
Tenn. Code Ann. § 68-211-605 — TN Code / Title 68 / Chapter 211 / Section 68-211-605
Development and distribution of guidelines
Status: in_force

The commissioner, in consultation with the department of education and other state departments and agencies, shall develop guidelines for source separation and collection of recyclable materials and for waste reduction in all state departments and in primary and secondary schools, colleges and universities (whether the schools, colleges and universities are public or nonpublic). At a minimum, the guidelines shall address materials generated in administrative offices, classrooms, dormitories and cafeterias. The department shall distribute these guidelines and encourage their implementation. Acts 1989, ch. 250, § 5; 1991, ch. 451, § 84; T.C.A., § 68-31-605; Acts 1995, ch. 501, § 3.
The commissioner, in consultation with the department of education and other state departments and agencies, shall develop guidelines for source separation and collection of recyclable materials and for waste reduction in all state departments and in primary and secondary schools, colleges and universities (whether the schools, colleges and universities are public or nonpublic). At a minimum, the guidelines shall address materials generated in administrative offices, classrooms, dormitories and cafeterias. The department shall distribute these guidelines and encourage their implementation.
Acts 1989, ch. 250, § 5; 1991, ch. 451, § 84; T.C.A., § 68-31-605; Acts 1995, ch. 501, § 3.
Tenn. Code Ann. § 68-221-1319 — TN Code / Title 68 / Chapter 221 / Section 68-221-1319
General assembly approval requirement
Status: in_force

No water and wastewater treatment authority created pursuant to this part after July 1, 2008, shall be located in more than one (1) county without the approval of the general assembly. Acts 2007, ch. 250, § 1.
No water and wastewater treatment authority created pursuant to this part after July 1, 2008, shall be located in more than one (1) county without the approval of the general assembly.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-221-1015 — TN Code / Title 68 / Chapter 221 / Section 68-221-1015
Part supplemental - Loan agreements governed by this part
Status: in_force

(a) This part is in addition and supplemental to any other law providing for the financing of water systems and wastewater facilities of local governments, and shall not be deemed to amend or repeal any other law. (b) No proceedings by a local government shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any law to the contrary. (c) No requirements or restraints applicable to borrowing by local governments contained in any other law shall be applicable to loans under this part. (d) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 463, s 43, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 129, s 14, eff. 4/17/2017. Acts 1990, ch. 767, § 2; T.C.A., § 68-13-1015; Acts 1997 , ch. 483, § 20.
(a) This part is in addition and supplemental to any other law providing for the financing of water systems and wastewater facilities of local governments, and shall not be deemed to amend or repeal any other law.
(b) No proceedings by a local government shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any law to the contrary.
(c) No requirements or restraints applicable to borrowing by local governments contained in any other law shall be applicable to loans under this part.
(d) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 463, s 43, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 129, s 14, eff. 4/17/2017.
Acts 1990, ch. 767, § 2; T.C.A., § 68-13-1015; Acts 1997 , ch. 483, § 20.
Tenn. Code Ann. § 68-212-214 — TN Code / Title 68 / Chapter 212 / Section 68-212-214
Jurisdiction for civil proceedings
Status: in_force

The jurisdiction for all civil proceedings under this part shall be in the chancery court of Davidson County. Acts 1983, ch. 423, § 14; T.C.A., § 68-46-214.
The jurisdiction for all civil proceedings under this part shall be in the chancery court of Davidson County.
Acts 1983, ch. 423, § 14; T.C.A., § 68-46-214.
Tenn. Code Ann. § 68-211-848 — TN Code / Title 68 / Chapter 211 / Section 68-211-848
Recognition of university and college programs - Awards program
Status: in_force

The commissioner shall develop an awards program for recognition of university and college programs concerning waste management, source reduction and recycling. Acts 1991, ch. 451, § 46; T.C.A., § 68-31-848; Acts 1995, ch. 501, § 3.
The commissioner shall develop an awards program for recognition of university and college programs concerning waste management, source reduction and recycling.
Acts 1991, ch. 451, § 46; T.C.A., § 68-31-848; Acts 1995, ch. 501, § 3.
Tenn. Code Ann. § 68-215-123 — TN Code / Title 68 / Chapter 215 / Section 68-215-123
Complaints - Hearings - Appeals
Status: in_force

(a) (1) Any person may file with the commissioner or board a signed sworn complaint against any person allegedly violating any provisions of this chapter. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein and shall notify the alleged violator what action, if any, the commissioner or board will take. In all cases, the commissioner or board shall notify the complainant of the commissioner's or board's action or determination within ninety (90) days from the date of the commissioner's or board's receipt of the written complaint. (2) If either the complainant or the alleged violator believes the commissioner's or board's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing by filing a petition for review. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner or board. When such a petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-215-119(b) . (3) If the commissioner fails to take the action stated in the commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. (4) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing the complainant's complaint. (b) The board, department, its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section. Amended by 2013 Tenn. Acts, ch. 181, s 12, eff. 7/1/2013. Acts 1988, ch. 984, § 25; T.C.A., § 68-53-123.
(a) (1) Any person may file with the commissioner or board a signed sworn complaint against any person allegedly violating any provisions of this chapter. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein and shall notify the alleged violator what action, if any, the commissioner or board will take. In all cases, the commissioner or board shall notify the complainant of the commissioner's or board's action or determination within ninety (90) days from the date of the commissioner's or board's receipt of the written complaint. (2) If either the complainant or the alleged violator believes the commissioner's or board's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing by filing a petition for review. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner or board. When such a petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-215-119(b) . (3) If the commissioner fails to take the action stated in the commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. (4) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing the complainant's complaint.
(1) Any person may file with the commissioner or board a signed sworn complaint against any person allegedly violating any provisions of this chapter. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein and shall notify the alleged violator what action, if any, the commissioner or board will take. In all cases, the commissioner or board shall notify the complainant of the commissioner's or board's action or determination within ninety (90) days from the date of the commissioner's or board's receipt of the written complaint.
(2) If either the complainant or the alleged violator believes the commissioner's or board's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing by filing a petition for review. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner or board. When such a petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-215-119(b) .
(3) If the commissioner fails to take the action stated in the commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure.
(4) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing the complainant's complaint.
(b) The board, department, its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section.
Amended by 2013 Tenn. Acts, ch. 181, s 12, eff. 7/1/2013.
Acts 1988, ch. 984, § 25; T.C.A., § 68-53-123.
Tenn. Code Ann. § 68-211-1002 — TN Code / Title 68 / Chapter 211 / Section 68-211-1002
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Automotive fluid collection center" means a facility, including, without limitation, a fixed location, tank, truck, and container, that accepts used oil or any other automotive fluid from DIYers; (2) "Automotive oil" means any oil classified for use in an internal combustion engine, crankcase, transmission, gear box or differential for an automobile, bus or truck, lawnmower, or household power equipment; (3) "Department" means the department of environment and conservation; (4) "Distributor" means any person who engages in the business in this state of refining, manufacturing, producing, or compounding of automotive oil, and selling or storing the same in this state; and it also means any person who engages in the business in this state of transporting, importing, or causing to be imported, automotive oil into this state, and distributing, storing, or making original sales of the same in this state, for any purpose whatsoever; (5) "Do-It-Yourselfer (DIYer)" means an individual who removes used oil or any other automotive fluid from the engine of a light duty motor vehicle, small utility engine owned or operated by such individual, noncommercial motor vehicle or farm equipment; (6) "Fund" means the used oil collection fund created by this part; (7) "Oil for use with industrial machinery" is limited to any oil specifically purchased for and necessary for the operation of industrial machinery as defined in § 67-6-102 ; (8) "Other automotive fluid" means antifreeze, transmission fluid, or power steering fluid; (9) "Recycle oil" means to prepare used oil for reuse as a petroleum product by reclaiming, reprocessing, energy recovery, re-refining or other means to utilize properly treated used oil as a substitute for petroleum products; (10) "Used oil" means any oil which has been refined from crude or synthetic oil and, as a result of use, becomes unsuitable for its original purpose due to loss of original properties, or presence of impurities, but which may be suitable for further use and may be economically recyclable. "Used oil" does not include oil filters; and (11) "Used oil collection center" means an automotive fluid collection center that accepts from DIYers only used oil or used oil in addition to other automotive fluids and that constitutes an approved centralized collection center for used oil. Amended by 2016 Tenn. Acts, ch. 771, Secs.s 3, s 4 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 771, s 2, eff. 7/1/2016. Acts 1993, ch. 185, § 3.
As used in this part, unless the context otherwise requires:
(1) "Automotive fluid collection center" means a facility, including, without limitation, a fixed location, tank, truck, and container, that accepts used oil or any other automotive fluid from DIYers;
(2) "Automotive oil" means any oil classified for use in an internal combustion engine, crankcase, transmission, gear box or differential for an automobile, bus or truck, lawnmower, or household power equipment;
(3) "Department" means the department of environment and conservation;
(4) "Distributor" means any person who engages in the business in this state of refining, manufacturing, producing, or compounding of automotive oil, and selling or storing the same in this state; and it also means any person who engages in the business in this state of transporting, importing, or causing to be imported, automotive oil into this state, and distributing, storing, or making original sales of the same in this state, for any purpose whatsoever;
(5) "Do-It-Yourselfer (DIYer)" means an individual who removes used oil or any other automotive fluid from the engine of a light duty motor vehicle, small utility engine owned or operated by such individual, noncommercial motor vehicle or farm equipment;
(6) "Fund" means the used oil collection fund created by this part;
(7) "Oil for use with industrial machinery" is limited to any oil specifically purchased for and necessary for the operation of industrial machinery as defined in § 67-6-102 ;
(8) "Other automotive fluid" means antifreeze, transmission fluid, or power steering fluid;
(9) "Recycle oil" means to prepare used oil for reuse as a petroleum product by reclaiming, reprocessing, energy recovery, re-refining or other means to utilize properly treated used oil as a substitute for petroleum products;
(10) "Used oil" means any oil which has been refined from crude or synthetic oil and, as a result of use, becomes unsuitable for its original purpose due to loss of original properties, or presence of impurities, but which may be suitable for further use and may be economically recyclable. "Used oil" does not include oil filters; and
(11) "Used oil collection center" means an automotive fluid collection center that accepts from DIYers only used oil or used oil in addition to other automotive fluids and that constitutes an approved centralized collection center for used oil.
Amended by 2016 Tenn. Acts, ch. 771, Secs.s 3, s 4 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 771, s 2, eff. 7/1/2016.
Acts 1993, ch. 185, § 3.
Tenn. Code Ann. § 68-221-1004 — TN Code / Title 68 / Chapter 221 / Section 68-221-1004
Wastewater facility revolving loan fund
Status: in_force

(a) (1) There is created in the state treasury a revolving loan fund to be known as the "wastewater facility revolving loan fund." (2) The authority shall administer the fund and shall adopt rules and regulations for such administration. (3) All interest and earnings of the fund shall remain a part of the fund. (4) No part of the fund shall revert to the general fund on any June 30, but shall remain a part of the fund available for expenditure in accordance with this part. (5) The authority may charge and collect from local governments administrative fees and expenses, including, but not limited to, reimbursement of all cost of financing by the authority that the authority determines to be reasonable and required. These fees and expenses shall not become part of the fund. (b) (1) The authority shall deposit in the fund all receipts from the repayment of loans made pursuant to this part. (2) The fund shall be established, maintained and credited with repayments, and the fund balance shall be available in perpetuity for providing such loans, pursuant to §§ 68-221-1001 - 68-221-1006. (c) The department shall deposit in the fund federal funds allocated to the state pursuant to the Clean Water Act ( 33 U.S.C. § 1251 et seq.), which have been determined by the department to be for the purpose of making loans to local governments and for which state matching funds are available. (d) (1) The department shall recommend annually to the general assembly the appropriate state funds necessary for the receipt of all available matching federal funds. (2) State money appropriated to the department or to the authority to carry out this part may be used, in addition to other purposes, to match federal funds allocated to the state pursuant to the Clean Water Act for the purpose of making loans to local governments. (e) The department shall deposit into the fund any federal funds allocated to the state to make loans and to subsidize loans made under the program authorized by this part. Acts 1987, ch. 299, § 4; T.C.A., § 68-13-1004; Acts 2009 , ch. 224, § 1; 2009 , ch. 402, § 1; 2010 , ch. 1114, § 3.
(a) (1) There is created in the state treasury a revolving loan fund to be known as the "wastewater facility revolving loan fund." (2) The authority shall administer the fund and shall adopt rules and regulations for such administration. (3) All interest and earnings of the fund shall remain a part of the fund. (4) No part of the fund shall revert to the general fund on any June 30, but shall remain a part of the fund available for expenditure in accordance with this part. (5) The authority may charge and collect from local governments administrative fees and expenses, including, but not limited to, reimbursement of all cost of financing by the authority that the authority determines to be reasonable and required. These fees and expenses shall not become part of the fund.
(1) There is created in the state treasury a revolving loan fund to be known as the "wastewater facility revolving loan fund."
(2) The authority shall administer the fund and shall adopt rules and regulations for such administration.
(3) All interest and earnings of the fund shall remain a part of the fund.
(4) No part of the fund shall revert to the general fund on any June 30, but shall remain a part of the fund available for expenditure in accordance with this part.
(5) The authority may charge and collect from local governments administrative fees and expenses, including, but not limited to, reimbursement of all cost of financing by the authority that the authority determines to be reasonable and required. These fees and expenses shall not become part of the fund.
(b) (1) The authority shall deposit in the fund all receipts from the repayment of loans made pursuant to this part. (2) The fund shall be established, maintained and credited with repayments, and the fund balance shall be available in perpetuity for providing such loans, pursuant to §§ 68-221-1001 - 68-221-1006.
(1) The authority shall deposit in the fund all receipts from the repayment of loans made pursuant to this part.
(2) The fund shall be established, maintained and credited with repayments, and the fund balance shall be available in perpetuity for providing such loans, pursuant to §§ 68-221-1001 - 68-221-1006.
(c) The department shall deposit in the fund federal funds allocated to the state pursuant to the Clean Water Act ( 33 U.S.C. § 1251 et seq.), which have been determined by the department to be for the purpose of making loans to local governments and for which state matching funds are available.
(d) (1) The department shall recommend annually to the general assembly the appropriate state funds necessary for the receipt of all available matching federal funds. (2) State money appropriated to the department or to the authority to carry out this part may be used, in addition to other purposes, to match federal funds allocated to the state pursuant to the Clean Water Act for the purpose of making loans to local governments.
(1) The department shall recommend annually to the general assembly the appropriate state funds necessary for the receipt of all available matching federal funds.
(2) State money appropriated to the department or to the authority to carry out this part may be used, in addition to other purposes, to match federal funds allocated to the state pursuant to the Clean Water Act for the purpose of making loans to local governments.
(e) The department shall deposit into the fund any federal funds allocated to the state to make loans and to subsidize loans made under the program authorized by this part.
Acts 1987, ch. 299, § 4; T.C.A., § 68-13-1004; Acts 2009 , ch. 224, § 1; 2009 , ch. 402, § 1; 2010 , ch. 1114, § 3.
Tenn. Code Ann. § 68-221-1006 — TN Code / Title 68 / Chapter 221 / Section 68-221-1006
Prerequisites for and terms of loans
Status: in_force

(a) (1) Loans shall be made only to local governments that: (A) Operate a wastewater facility that is on the department's project priority ranking list established pursuant to § 68-221-804 and regulations thereunder; (B) In the opinion of the authority, demonstrate sufficient revenues to operate and maintain the facility for its useful life and to repay the loan; (C) Pledge security as required by the authority for repayment of the loan; (D) Agree to adjust periodically fees and charges for services of the wastewater facility in order that loan payments and costs of the wastewater facility are timely paid; provided, however, upon determination that fees and charges are reasonable, the authority may in its discretion make a loan to a local government which is relying upon and using ad valorem taxes or other lawful sources of revenue, in addition to fees and charges, to pay timely loan payments and costs of the facility; (E) Certify to comply with a plan of operations approved by the department regarding the quality, compensation and number of facility personnel for the life of the loan; (F) Agree to maintain financial records in accordance with governmental accounting standards and to conduct an annual audit of the facility's financial records in accordance with generally accepted governmental auditing standards and with minimum standards prescribed by the comptroller of the treasury, and to file such audit with the comptroller. In the event of the failure or refusal of the local government to have the audit prepared, then the comptroller of the treasury may appoint an accountant or direct the department of audit to prepare the audit at the expense of the local government; and (G) Provide such assurances as are reasonably requested by the authority and the department. (2) In regard to a local government as defined in § 68-221-1003(7)(C) , loans are subject to the following conditions and requirements: (A) The local government will not be considered for loans with principal forgiveness under the program; (B) The local government must be categorized as one hundred percent (100%) ability to pay on the index established pursuant to § 68-221-1005 ; (C) The local government must have at least a debt service coverage ratio of 1.25; (D) The local government must provide security determined by the authority to be acceptable to secure a loan under this part; and (E) The authority is authorized to direct the local government to the Tennessee public utility commission, created by § 65-1-101 , for compliance. (b) Loans for public purpose projects relating to privately owned, non-point sources of pollution shall not be made to a local government which pledges its credit to secure such loan except upon the assent of three-fourths (3/4) of the votes cast in an election of the qualified voters of the local government. (c) A local government may use the proceeds from a loan made from the fund to provide a local match for a federal (except for EPA Title II construction grants) or state wastewater facility grant. (d) A loan shall be made for a period of time not to exceed thirty (30) years or the design life of the wastewater facility; however, loans made with funds governed by the Clean Water Act ( 33 U.S.C. § 1251 et seq.) shall be for such period of time as provided in that act. For each loan, the authority shall determine the interest rate and the payment schedule for repayment of the loan. (e) Loans shall be made only for items approved by the department. (f) The requirements of this section with respect to "local governments" are deemed satisfied when any one (1) of the entities jointly participating in the wastewater facility being funded pursuant to the loan agreement and qualifying as a local government as provided in § 68-221-1003(7) satisfies the requirement. (g) The comptroller of the treasury, through the department of audit, shall be responsible for determining that any audit required in this chapter is prepared in accordance with generally accepted governmental auditing standards. The comptroller of the treasury is authorized to direct the department of audit to make an audit of financial review of the books and records of the local government. Amended by 2022 Tenn. Acts, ch. 657, s 9, eff. 3/15/2022. Amended by 2021 Tenn. Acts, ch. 99, s 2, eff. 4/7/2021. Amended by 2017 Tenn. Acts, ch. 129, s 11, eff. 4/17/2017. Acts 1987, ch. 299, § 6; 1989, ch. 280, § 2; T.C.A., § 68-13-1006; Acts 1992, ch. 1023, § 5; 2002, ch. 603, §§ 3 - 5; 2010 , ch. 751, §§ 1, 2.
(a) (1) Loans shall be made only to local governments that: (A) Operate a wastewater facility that is on the department's project priority ranking list established pursuant to § 68-221-804 and regulations thereunder; (B) In the opinion of the authority, demonstrate sufficient revenues to operate and maintain the facility for its useful life and to repay the loan; (C) Pledge security as required by the authority for repayment of the loan; (D) Agree to adjust periodically fees and charges for services of the wastewater facility in order that loan payments and costs of the wastewater facility are timely paid; provided, however, upon determination that fees and charges are reasonable, the authority may in its discretion make a loan to a local government which is relying upon and using ad valorem taxes or other lawful sources of revenue, in addition to fees and charges, to pay timely loan payments and costs of the facility; (E) Certify to comply with a plan of operations approved by the department regarding the quality, compensation and number of facility personnel for the life of the loan; (F) Agree to maintain financial records in accordance with governmental accounting standards and to conduct an annual audit of the facility's financial records in accordance with generally accepted governmental auditing standards and with minimum standards prescribed by the comptroller of the treasury, and to file such audit with the comptroller. In the event of the failure or refusal of the local government to have the audit prepared, then the comptroller of the treasury may appoint an accountant or direct the department of audit to prepare the audit at the expense of the local government; and (G) Provide such assurances as are reasonably requested by the authority and the department. (2) In regard to a local government as defined in § 68-221-1003(7)(C) , loans are subject to the following conditions and requirements: (A) The local government will not be considered for loans with principal forgiveness under the program; (B) The local government must be categorized as one hundred percent (100%) ability to pay on the index established pursuant to § 68-221-1005 ; (C) The local government must have at least a debt service coverage ratio of 1.25; (D) The local government must provide security determined by the authority to be acceptable to secure a loan under this part; and (E) The authority is authorized to direct the local government to the Tennessee public utility commission, created by § 65-1-101 , for compliance.
(1) Loans shall be made only to local governments that: (A) Operate a wastewater facility that is on the department's project priority ranking list established pursuant to § 68-221-804 and regulations thereunder; (B) In the opinion of the authority, demonstrate sufficient revenues to operate and maintain the facility for its useful life and to repay the loan; (C) Pledge security as required by the authority for repayment of the loan; (D) Agree to adjust periodically fees and charges for services of the wastewater facility in order that loan payments and costs of the wastewater facility are timely paid; provided, however, upon determination that fees and charges are reasonable, the authority may in its discretion make a loan to a local government which is relying upon and using ad valorem taxes or other lawful sources of revenue, in addition to fees and charges, to pay timely loan payments and costs of the facility; (E) Certify to comply with a plan of operations approved by the department regarding the quality, compensation and number of facility personnel for the life of the loan; (F) Agree to maintain financial records in accordance with governmental accounting standards and to conduct an annual audit of the facility's financial records in accordance with generally accepted governmental auditing standards and with minimum standards prescribed by the comptroller of the treasury, and to file such audit with the comptroller. In the event of the failure or refusal of the local government to have the audit prepared, then the comptroller of the treasury may appoint an accountant or direct the department of audit to prepare the audit at the expense of the local government; and (G) Provide such assurances as are reasonably requested by the authority and the department.
(A) Operate a wastewater facility that is on the department's project priority ranking list established pursuant to § 68-221-804 and regulations thereunder;
(B) In the opinion of the authority, demonstrate sufficient revenues to operate and maintain the facility for its useful life and to repay the loan;
(C) Pledge security as required by the authority for repayment of the loan;
(D) Agree to adjust periodically fees and charges for services of the wastewater facility in order that loan payments and costs of the wastewater facility are timely paid; provided, however, upon determination that fees and charges are reasonable, the authority may in its discretion make a loan to a local government which is relying upon and using ad valorem taxes or other lawful sources of revenue, in addition to fees and charges, to pay timely loan payments and costs of the facility;
(E) Certify to comply with a plan of operations approved by the department regarding the quality, compensation and number of facility personnel for the life of the loan;
(F) Agree to maintain financial records in accordance with governmental accounting standards and to conduct an annual audit of the facility's financial records in accordance with generally accepted governmental auditing standards and with minimum standards prescribed by the comptroller of the treasury, and to file such audit with the comptroller. In the event of the failure or refusal of the local government to have the audit prepared, then the comptroller of the treasury may appoint an accountant or direct the department of audit to prepare the audit at the expense of the local government; and
(G) Provide such assurances as are reasonably requested by the authority and the department.
(2) In regard to a local government as defined in § 68-221-1003(7)(C) , loans are subject to the following conditions and requirements: (A) The local government will not be considered for loans with principal forgiveness under the program; (B) The local government must be categorized as one hundred percent (100%) ability to pay on the index established pursuant to § 68-221-1005 ; (C) The local government must have at least a debt service coverage ratio of 1.25; (D) The local government must provide security determined by the authority to be acceptable to secure a loan under this part; and (E) The authority is authorized to direct the local government to the Tennessee public utility commission, created by § 65-1-101 , for compliance.
(A) The local government will not be considered for loans with principal forgiveness under the program;
(B) The local government must be categorized as one hundred percent (100%) ability to pay on the index established pursuant to § 68-221-1005 ;
(C) The local government must have at least a debt service coverage ratio of 1.25;
(D) The local government must provide security determined by the authority to be acceptable to secure a loan under this part; and
(E) The authority is authorized to direct the local government to the Tennessee public utility commission, created by § 65-1-101 , for compliance.
(b) Loans for public purpose projects relating to privately owned, non-point sources of pollution shall not be made to a local government which pledges its credit to secure such loan except upon the assent of three-fourths (3/4) of the votes cast in an election of the qualified voters of the local government.
(c) A local government may use the proceeds from a loan made from the fund to provide a local match for a federal (except for EPA Title II construction grants) or state wastewater facility grant.
(d) A loan shall be made for a period of time not to exceed thirty (30) years or the design life of the wastewater facility; however, loans made with funds governed by the Clean Water Act ( 33 U.S.C. § 1251 et seq.) shall be for such period of time as provided in that act. For each loan, the authority shall determine the interest rate and the payment schedule for repayment of the loan.
(e) Loans shall be made only for items approved by the department.
(f) The requirements of this section with respect to "local governments" are deemed satisfied when any one (1) of the entities jointly participating in the wastewater facility being funded pursuant to the loan agreement and qualifying as a local government as provided in § 68-221-1003(7) satisfies the requirement.
(g) The comptroller of the treasury, through the department of audit, shall be responsible for determining that any audit required in this chapter is prepared in accordance with generally accepted governmental auditing standards. The comptroller of the treasury is authorized to direct the department of audit to make an audit of financial review of the books and records of the local government.
Amended by 2022 Tenn. Acts, ch. 657, s 9, eff. 3/15/2022.
Amended by 2021 Tenn. Acts, ch. 99, s 2, eff. 4/7/2021.
Amended by 2017 Tenn. Acts, ch. 129, s 11, eff. 4/17/2017.
Acts 1987, ch. 299, § 6; 1989, ch. 280, § 2; T.C.A., § 68-13-1006; Acts 1992, ch. 1023, § 5; 2002, ch. 603, §§ 3 - 5; 2010 , ch. 751, §§ 1, 2.
Tenn. Code Ann. § 68-211-844 — TN Code / Title 68 / Chapter 211 / Section 68-211-844
Educational and training programs
Status: in_force

The commissioner shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs and inform the public of the relationship between an individual's consumption of goods and services and the generation of different types and quantities of solid waste. The commissioner, in consultation with the department of education, shall prepare the information and programs on a statewide basis for the following groups: (1) Municipal, county and state officials and employees; (2) Kindergarten through graduate students and teachers; (3) Businesses that use or could use recycled materials or that produce or could produce projects from recycled materials, and persons who provide support services to those businesses; and (4) The general public. Acts 1991, ch. 451, § 40; T.C.A., § 68-31-844; Acts 1995, ch. 501, § 3.
The commissioner shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs and inform the public of the relationship between an individual's consumption of goods and services and the generation of different types and quantities of solid waste. The commissioner, in consultation with the department of education, shall prepare the information and programs on a statewide basis for the following groups:
(1) Municipal, county and state officials and employees;
(2) Kindergarten through graduate students and teachers;
(3) Businesses that use or could use recycled materials or that produce or could produce projects from recycled materials, and persons who provide support services to those businesses; and
(4) The general public.
Acts 1991, ch. 451, § 40; T.C.A., § 68-31-844; Acts 1995, ch. 501, § 3.
Tenn. Code Ann. § 68-202-501 — TN Code / Title 68 / Chapter 202 / Section 68-202-501
Short title
Status: in_force

This part shall be known and may be cited as the "Medical Radiation Inspection Safety Act." Acts 1982, ch. 946, § 2; T.C.A., §§ 53-3351, 68-23-501.
This part shall be known and may be cited as the "Medical Radiation Inspection Safety Act."
Acts 1982, ch. 946, § 2; T.C.A., §§ 53-3351, 68-23-501.
Tenn. Code Ann. § 68-221-210 — TN Code / Title 68 / Chapter 221 / Section 68-221-210
Authority to levy and collect other charges
Status: in_force

(a) The municipality collecting the user's fee shall have the authority to fix, levy and collect fees, rents, tolls or other charges in an amount necessary to provide for the maintenance and operation of sewage treatment works and payment of any indebtedness. (b) This authority shall be in addition to any other authority to set like fees or to levy taxes pursuant to any other statute or authority granted by the state. Acts 1970, ch. 521, § 1; T.C.A., §§ 53-2026, 68-13-210.
(a) The municipality collecting the user's fee shall have the authority to fix, levy and collect fees, rents, tolls or other charges in an amount necessary to provide for the maintenance and operation of sewage treatment works and payment of any indebtedness.
(b) This authority shall be in addition to any other authority to set like fees or to levy taxes pursuant to any other statute or authority granted by the state.
Acts 1970, ch. 521, § 1; T.C.A., §§ 53-2026, 68-13-210.
Tenn. Code Ann. § 68-211-120 — TN Code / Title 68 / Chapter 211 / Section 68-211-120
Manifest
Status: in_force

(a) Persons who transport, treat, store and/or dispose of baled waste, except for those who bale waste at the site of disposal, shall utilize a manifest for such waste that contains all the following information: (1) Names and addresses of the transporter; (2) Name and address of the facility at which the waste was baled; (3) A description of the waste; (4) The name and address of the destination of the waste; and (5) Such other information specified in regulations promulgated by the board. (b) The manifest required by this section shall at all times accompany baled waste while it is in transit and shall be maintained at any facility that treats or disposes of such waste for a period of at least thirty (30) years. Acts 1991, ch. 451, § 9; T.C.A., § 68-31-120.
(a) Persons who transport, treat, store and/or dispose of baled waste, except for those who bale waste at the site of disposal, shall utilize a manifest for such waste that contains all the following information: (1) Names and addresses of the transporter; (2) Name and address of the facility at which the waste was baled; (3) A description of the waste; (4) The name and address of the destination of the waste; and (5) Such other information specified in regulations promulgated by the board.
(1) Names and addresses of the transporter;
(2) Name and address of the facility at which the waste was baled;
(3) A description of the waste;
(4) The name and address of the destination of the waste; and
(5) Such other information specified in regulations promulgated by the board.
(b) The manifest required by this section shall at all times accompany baled waste while it is in transit and shall be maintained at any facility that treats or disposes of such waste for a period of at least thirty (30) years.
Acts 1991, ch. 451, § 9; T.C.A., § 68-31-120.
Tenn. Code Ann. § 68-221-717 — TN Code / Title 68 / Chapter 221 / Section 68-221-717
Disbursement of civil penalties and damages
Status: in_force

(a) All civil penalties collected pursuant to this part shall be earmarked for the use of the water quality control division in the discharge of its duties. (b) Damages recovered from any person for violation of any provision of this part shall be earmarked for the division, or, in the event that another state agency has primary responsibility for the property for which the damages are recovered, such damages shall be earmarked for the use of that agency. Acts 1983, ch. 324, § 18; T.C.A., § 68-13-717.
(a) All civil penalties collected pursuant to this part shall be earmarked for the use of the water quality control division in the discharge of its duties.
(b) Damages recovered from any person for violation of any provision of this part shall be earmarked for the division, or, in the event that another state agency has primary responsibility for the property for which the damages are recovered, such damages shall be earmarked for the use of that agency.
Acts 1983, ch. 324, § 18; T.C.A., § 68-13-717.
Tenn. Code Ann. § 68-221-211 — TN Code / Title 68 / Chapter 221 / Section 68-221-211
Remittance of fees to authority - Application of funds - Contracts - Failure to remit fees
Status: in_force

(a) Each municipality having entered into a contract with the state pursuant to this part shall remit to the authority such amounts and at such times as shown in the repayment schedule to be placed in a special trust fund created to provide for the payment of the principal of and interest on bonds and notes of the authority for the purpose of providing grants for sewage treatment works. (b) The authority shall have the right to enter into such contracts and require such guarantees or security as it may see fit prior to, or simultaneously with, the issuance of bonds or notes as authorized hereunder or to refuse to issue such bonds or notes until such contracts or security, in any form which the authority may elect, are agreed to or are obtained. (c) In the event any municipality having entered into a contract pursuant to this part shall fail to remit funds in accordance with the monthly payments established by the authority, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the municipality within five (5) days of the failure. In the event the municipality fails to remit the amount set forth in such notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes which are otherwise apportioned to the municipality for the benefit of the authority. Furthermore, in the event any municipality having entered into a contract pursuant to this part fails to remit funds in accordance with the monthly payments established by the authority as aforementioned, the municipality shall increase its sewer user's fee and/or pledge additional available sources of revenue as are necessary to meet the obligation of the municipality according to its contract with the state. Acts 1970, ch. 521, § 1; 1973, ch. 98, § 4; 1978, ch. 843, § 7; 1980, ch. 452, § 1; 1982, ch. 873, § 3; T.C.A., § 53-2027; Acts 1989, ch. 233, § 20; T.C.A., § 68-13-211.
(a) Each municipality having entered into a contract with the state pursuant to this part shall remit to the authority such amounts and at such times as shown in the repayment schedule to be placed in a special trust fund created to provide for the payment of the principal of and interest on bonds and notes of the authority for the purpose of providing grants for sewage treatment works.
(b) The authority shall have the right to enter into such contracts and require such guarantees or security as it may see fit prior to, or simultaneously with, the issuance of bonds or notes as authorized hereunder or to refuse to issue such bonds or notes until such contracts or security, in any form which the authority may elect, are agreed to or are obtained.
(c) In the event any municipality having entered into a contract pursuant to this part shall fail to remit funds in accordance with the monthly payments established by the authority, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the municipality within five (5) days of the failure. In the event the municipality fails to remit the amount set forth in such notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes which are otherwise apportioned to the municipality for the benefit of the authority. Furthermore, in the event any municipality having entered into a contract pursuant to this part fails to remit funds in accordance with the monthly payments established by the authority as aforementioned, the municipality shall increase its sewer user's fee and/or pledge additional available sources of revenue as are necessary to meet the obligation of the municipality according to its contract with the state.
Acts 1970, ch. 521, § 1; 1973, ch. 98, § 4; 1978, ch. 843, § 7; 1980, ch. 452, § 1; 1982, ch. 873, § 3; T.C.A., § 53-2027; Acts 1989, ch. 233, § 20; T.C.A., § 68-13-211.
Tenn. Code Ann. § 68-212-507 — TN Code / Title 68 / Chapter 212 / Section 68-212-507
Recording of notice of methamphetamine lab quarantine in the office of county register - Form
Status: in_force

(a) Whenever any real property, or any structure or room in any structure on any real property, is quarantined by a local law enforcement agency, pursuant to § 68-212-503 , due to the manufacture of methamphetamine, the local law enforcement agency quarantining the property shall file, for recording, a notice of methamphetamine lab quarantine in the office of county register in the county in which the real property or any portion of the real property lies. In lieu of acknowledgment, the signature of the local law enforcement agent shall be accepted. The register shall record such notice in the record series containing the title deeds and shall index the notice with the owner or owners of the real property as the grantor and with the agency giving the notice as the grantee. No fee shall be collected for this filing. (b) A notice in a form substantially as follows is sufficient to comply with subsection (a): Click here to view form. Acts 2005, ch. 347, § 1.
(a) Whenever any real property, or any structure or room in any structure on any real property, is quarantined by a local law enforcement agency, pursuant to § 68-212-503 , due to the manufacture of methamphetamine, the local law enforcement agency quarantining the property shall file, for recording, a notice of methamphetamine lab quarantine in the office of county register in the county in which the real property or any portion of the real property lies. In lieu of acknowledgment, the signature of the local law enforcement agent shall be accepted. The register shall record such notice in the record series containing the title deeds and shall index the notice with the owner or owners of the real property as the grantor and with the agency giving the notice as the grantee. No fee shall be collected for this filing.
(b) A notice in a form substantially as follows is sufficient to comply with subsection (a): Click here to view form.
Click here to view form.
Acts 2005, ch. 347, § 1.
212_507_1 - Attachment
Tenn. Code Ann. § 68-221-1008 — TN Code / Title 68 / Chapter 221 / Section 68-221-1008
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 37, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 688, s 2, eff. 4/9/2018. Amended by 2017 Tenn. Acts, ch. 129, Secs.s 12, s 13 eff. 4/17/2017. Acts 1987, ch. 299, § 8; T.C.A., § 68-13-1008; Acts 1997 , ch. 483, §§ 10-13, 22; 2007 , ch. 86, §§ 3-7.
Repealed by 2023 Tenn. Acts, ch. 463, s 37, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 688, s 2, eff. 4/9/2018.
Amended by 2017 Tenn. Acts, ch. 129, Secs.s 12, s 13 eff. 4/17/2017.
Acts 1987, ch. 299, § 8; T.C.A., § 68-13-1008; Acts 1997 , ch. 483, §§ 10-13, 22; 2007 , ch. 86, §§ 3-7.
Tenn. Code Ann. § 68-221-911 — TN Code / Title 68 / Chapter 221 / Section 68-221-911
Revocation of certificates - Appeals
Status: in_force

(a) The board may revoke the certificate of an operator when it is found that the operator has practiced fraud or deception; that reasonable care, judgment or the application of such operator's knowledge was not used in performance of such operator's duties; or that the operator is incompetent to properly perform such operator's duties. (b) When the commissioner believes an operator has engaged in any of the activities set forth in subsection (a), the commissioner may issue an order suspending the operator's certificate until the board conducts a hearing on the revocation of the operator's certificate for such activities. When the commissioner has issued a suspension order, the board shall conduct its revocation hearing and render its decision within ninety (90) days of the operator's suspension. In the event the board does not render its decision within ninety (90) days of the operator's suspension, the suspension order shall expire and no longer be in force or effect. However, the commissioner may reissue an order of suspension for a period not to exceed ninety (90) days. (c) When the board determines an operator's certificate should be revoked under subsection (a), the board shall establish the timing, terms and conditions for any reinstatement of the operator's certificate. Amended by 2013 Tenn. Acts, ch. 362,s 6, eff. 7/1/2013. Acts 1984, ch. 812, § 10; T.C.A., § 68-13-911.
(a) The board may revoke the certificate of an operator when it is found that the operator has practiced fraud or deception; that reasonable care, judgment or the application of such operator's knowledge was not used in performance of such operator's duties; or that the operator is incompetent to properly perform such operator's duties.
(b) When the commissioner believes an operator has engaged in any of the activities set forth in subsection (a), the commissioner may issue an order suspending the operator's certificate until the board conducts a hearing on the revocation of the operator's certificate for such activities. When the commissioner has issued a suspension order, the board shall conduct its revocation hearing and render its decision within ninety (90) days of the operator's suspension. In the event the board does not render its decision within ninety (90) days of the operator's suspension, the suspension order shall expire and no longer be in force or effect. However, the commissioner may reissue an order of suspension for a period not to exceed ninety (90) days.
(c) When the board determines an operator's certificate should be revoked under subsection (a), the board shall establish the timing, terms and conditions for any reinstatement of the operator's certificate.
Amended by 2013 Tenn. Acts, ch. 362,s 6, eff. 7/1/2013.
Acts 1984, ch. 812, § 10; T.C.A., § 68-13-911.
Tenn. Code Ann. § 68-202-703 — TN Code / Title 68 / Chapter 202 / Section 68-202-703
Reimbursement for travel expenses
Status: in_force

All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1982, ch. 843, § 2; T.C.A., §§ 53-7103, 68-23-703.
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1982, ch. 843, § 2; T.C.A., §§ 53-7103, 68-23-703.