Tenn. Code Ann. § 68-217-106 — TN Code / Title 68 / Chapter 217 / Section 68-217-106
Registration - Payments to the fund
Status: in_force

(a) Each year, the owner or operator of a drycleaning facility that is currently conducting, or intends to conduct for all or part of the year, drycleaning operations and each in-state wholesale distribution facility shall register with the department on forms provided by the department. (b) Current or prior owners or operators of abandoned drycleaning facilities may register the site as set out in subsection (a). A current or prior owner or operator of an abandoned drycleaning facility who fails to register a site with the department as described in subsection (a) shall be permitted to register the site; provided, however, that the current or prior owner or operator pays the annual registration fees that would have been imposed under this chapter on the site if the abandoned drycleaning facility had been registered at the first possible date established by this chapter. In addition, such registrant shall pay interest on the back registration fees, plus a fifty dollar ($50.00) per month late fee for each month since the first month that the site could have registered under this chapter. (c) The owner or operator of a drycleaning facility or current or prior owner or operator of an abandoned drycleaning facility registered under this section shall pay to the department an annual registration fee in accordance with the schedule established in the rules of the commissioner. (d) It is unlawful to sell or transfer drycleaning solvent to any person owning or operating a drycleaning facility unless the owner or operator of the drycleaning facility has conspicuously posted a copy of a valid certificate evidencing registration of the drycleaning facility pursuant to this chapter at the facility. Any person who violates or fails to comply with any provision of this subsection (d) shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. The commissioner has the authority to assess civil penalties under this subsection (d). The recipient of any civil penalty under this subsection (d) has the right to appeal such assessment to the commissioner. The appeal of any assessment under this subsection (d) shall be filed with the commissioner within thirty (30) days of the party's receipt of the assessment. (e) A wholesale distributor shall pay to the department an annual registration fee of five thousand five hundred dollars ($5,500) per in-state wholesale distribution facility. (f) At least thirty (30) days before payment of a registration fee is due, the department shall attempt to notify and submit a registration fee payment form to each drycleaning facility, each in-state wholesale distribution facility and each current or prior owner or operator of an abandoned drycleaning facility registered under this section. The registration fee payment form provided by the department must accompany the registration fee payment. (g) In addition to the registration fee required by subsection (c), there is established a drycleaning solvent surcharge of: (1) Ten dollars ($10.00) for each gallon of dense non-aqueous solvent or product purchased by a drycleaning facility; and (2) One dollar ($1.00) for each gallon of light non-aqueous solvent or product purchased by a drycleaning facility. (h) The solvent surcharge required by subsection (g) shall be collected and forwarded to the department by the seller of the drycleaning solvent, regardless of the location of such seller. (i) The solvent surcharges in subsection (g) shall be paid on a quarterly basis and shall be paid to the department for the previous quarter. (j) The department shall provide each person who pays a registration fee or solvent surcharge under this chapter with a receipt. The receipt or the copy of the receipt shall be produced for inspection at the request of any authorized representative of the department. (k) (1) Prior to the approval of an expenditure of any funds under this chapter with respect to reimbursement for investigation or remediation at a particular site that has been accepted into the program established by this chapter, each drycleaning facility, abandoned drycleaning facility, in-state wholesale distribution facility, or impacted third party, that files a petition accepted by the commissioner requesting such expenditure, is required to accept responsibility for incurring response costs associated with each request for reimbursement (deductibles). The deductible for each drycleaning facility shall be based on the quantity of solvent purchased. The commissioner shall promulgate rules that establish appropriate categories of facilities to pay the following deductible amounts: (A) Category 1 drycleaning facilities shall be responsible for five percent (5%) of each request for reimbursement up to a total amount of five thousand dollars ($5,000) per site per clean-up; (B) Category 2 drycleaning facilities shall be responsible for ten percent (10%) of each request for reimbursement up to a total amount of ten thousand dollars ($10,000) per site per clean-up; (C) Category 3 drycleaning facilities shall be responsible for fifteen percent (15%) of each request for reimbursement up to a total amount of fifteen thousand dollars ($15,000) per site per clean-up; (2) In-state wholesale distribution facilities shall be responsible for twenty-five percent (25%) of each request for reimbursement up to a total amount of twenty-five thousand dollars ($25,000) per site per clean-up. Abandoned drycleaning facilities shall be responsible for twenty-five percent (25%) of each request for reimbursement up to a total amount of twenty-five thousand dollars ($25,000) per site per clean-up. An impacted third party's deductible shall be equal to the deductible that would be applicable if the impacted third party owned the drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility that is the source of the release. (l) Registration fees and surcharges paid under this section shall be collected by the department and deposited in the drycleaner environmental response fund created under this chapter. (m) If the money in the fund exceeds ten million dollars ($10,000,000) during any one (1) year, the department shall waive the payment of the solvent surcharges and collect only the registration fees for a period of one (1) year. (n) The registration fees and surcharges and deductibles prescribed by this section may be adjusted by the commissioner, after notice and opportunity for public comment, in a manner necessary and appropriate to ensure viability of the fund and in furtherance of the purposes of this chapter; provided, that any fees or deductibles applicable to abandoned drycleaning facilities shall never be in excess of the fees and deductibles applicable to the largest drycleaning facility, and there shall be no surcharges on abandoned drycleaning facilities. Amended by 2014 Tenn. Acts, ch. 976,s 8, eff. 5/22/2014. Amended by 2014 Tenn. Acts, ch. 976,s 7, eff. 5/22/2014. Amended by 2014 Tenn. Acts, ch. 976,s 6, eff. 5/22/2014. Amended by 2014 Tenn. Acts, ch. 976,s 5, eff. 5/22/2014. Amended by 2014 Tenn. Acts, ch. 976,s 4, eff. 5/22/2014. Acts 1995, ch. 541, § 6; 1996, ch. 860, §§ 4-6; 2002, ch. 598, §§ 4 - 6.
(a) Each year, the owner or operator of a drycleaning facility that is currently conducting, or intends to conduct for all or part of the year, drycleaning operations and each in-state wholesale distribution facility shall register with the department on forms provided by the department.
(b) Current or prior owners or operators of abandoned drycleaning facilities may register the site as set out in subsection (a). A current or prior owner or operator of an abandoned drycleaning facility who fails to register a site with the department as described in subsection (a) shall be permitted to register the site; provided, however, that the current or prior owner or operator pays the annual registration fees that would have been imposed under this chapter on the site if the abandoned drycleaning facility had been registered at the first possible date established by this chapter. In addition, such registrant shall pay interest on the back registration fees, plus a fifty dollar ($50.00) per month late fee for each month since the first month that the site could have registered under this chapter.
(c) The owner or operator of a drycleaning facility or current or prior owner or operator of an abandoned drycleaning facility registered under this section shall pay to the department an annual registration fee in accordance with the schedule established in the rules of the commissioner.
(d) It is unlawful to sell or transfer drycleaning solvent to any person owning or operating a drycleaning facility unless the owner or operator of the drycleaning facility has conspicuously posted a copy of a valid certificate evidencing registration of the drycleaning facility pursuant to this chapter at the facility. Any person who violates or fails to comply with any provision of this subsection (d) shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. The commissioner has the authority to assess civil penalties under this subsection (d). The recipient of any civil penalty under this subsection (d) has the right to appeal such assessment to the commissioner. The appeal of any assessment under this subsection (d) shall be filed with the commissioner within thirty (30) days of the party's receipt of the assessment.
(e) A wholesale distributor shall pay to the department an annual registration fee of five thousand five hundred dollars ($5,500) per in-state wholesale distribution facility.
(f) At least thirty (30) days before payment of a registration fee is due, the department shall attempt to notify and submit a registration fee payment form to each drycleaning facility, each in-state wholesale distribution facility and each current or prior owner or operator of an abandoned drycleaning facility registered under this section. The registration fee payment form provided by the department must accompany the registration fee payment.
(g) In addition to the registration fee required by subsection (c), there is established a drycleaning solvent surcharge of: (1) Ten dollars ($10.00) for each gallon of dense non-aqueous solvent or product purchased by a drycleaning facility; and (2) One dollar ($1.00) for each gallon of light non-aqueous solvent or product purchased by a drycleaning facility.
(1) Ten dollars ($10.00) for each gallon of dense non-aqueous solvent or product purchased by a drycleaning facility; and
(2) One dollar ($1.00) for each gallon of light non-aqueous solvent or product purchased by a drycleaning facility.
(h) The solvent surcharge required by subsection (g) shall be collected and forwarded to the department by the seller of the drycleaning solvent, regardless of the location of such seller.
(i) The solvent surcharges in subsection (g) shall be paid on a quarterly basis and shall be paid to the department for the previous quarter.
(j) The department shall provide each person who pays a registration fee or solvent surcharge under this chapter with a receipt. The receipt or the copy of the receipt shall be produced for inspection at the request of any authorized representative of the department.
(k) (1) Prior to the approval of an expenditure of any funds under this chapter with respect to reimbursement for investigation or remediation at a particular site that has been accepted into the program established by this chapter, each drycleaning facility, abandoned drycleaning facility, in-state wholesale distribution facility, or impacted third party, that files a petition accepted by the commissioner requesting such expenditure, is required to accept responsibility for incurring response costs associated with each request for reimbursement (deductibles). The deductible for each drycleaning facility shall be based on the quantity of solvent purchased. The commissioner shall promulgate rules that establish appropriate categories of facilities to pay the following deductible amounts: (A) Category 1 drycleaning facilities shall be responsible for five percent (5%) of each request for reimbursement up to a total amount of five thousand dollars ($5,000) per site per clean-up; (B) Category 2 drycleaning facilities shall be responsible for ten percent (10%) of each request for reimbursement up to a total amount of ten thousand dollars ($10,000) per site per clean-up; (C) Category 3 drycleaning facilities shall be responsible for fifteen percent (15%) of each request for reimbursement up to a total amount of fifteen thousand dollars ($15,000) per site per clean-up; (2) In-state wholesale distribution facilities shall be responsible for twenty-five percent (25%) of each request for reimbursement up to a total amount of twenty-five thousand dollars ($25,000) per site per clean-up. Abandoned drycleaning facilities shall be responsible for twenty-five percent (25%) of each request for reimbursement up to a total amount of twenty-five thousand dollars ($25,000) per site per clean-up. An impacted third party's deductible shall be equal to the deductible that would be applicable if the impacted third party owned the drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility that is the source of the release.
(1) Prior to the approval of an expenditure of any funds under this chapter with respect to reimbursement for investigation or remediation at a particular site that has been accepted into the program established by this chapter, each drycleaning facility, abandoned drycleaning facility, in-state wholesale distribution facility, or impacted third party, that files a petition accepted by the commissioner requesting such expenditure, is required to accept responsibility for incurring response costs associated with each request for reimbursement (deductibles). The deductible for each drycleaning facility shall be based on the quantity of solvent purchased. The commissioner shall promulgate rules that establish appropriate categories of facilities to pay the following deductible amounts: (A) Category 1 drycleaning facilities shall be responsible for five percent (5%) of each request for reimbursement up to a total amount of five thousand dollars ($5,000) per site per clean-up; (B) Category 2 drycleaning facilities shall be responsible for ten percent (10%) of each request for reimbursement up to a total amount of ten thousand dollars ($10,000) per site per clean-up; (C) Category 3 drycleaning facilities shall be responsible for fifteen percent (15%) of each request for reimbursement up to a total amount of fifteen thousand dollars ($15,000) per site per clean-up;
(A) Category 1 drycleaning facilities shall be responsible for five percent (5%) of each request for reimbursement up to a total amount of five thousand dollars ($5,000) per site per clean-up;
(B) Category 2 drycleaning facilities shall be responsible for ten percent (10%) of each request for reimbursement up to a total amount of ten thousand dollars ($10,000) per site per clean-up;
(C) Category 3 drycleaning facilities shall be responsible for fifteen percent (15%) of each request for reimbursement up to a total amount of fifteen thousand dollars ($15,000) per site per clean-up;
(2) In-state wholesale distribution facilities shall be responsible for twenty-five percent (25%) of each request for reimbursement up to a total amount of twenty-five thousand dollars ($25,000) per site per clean-up. Abandoned drycleaning facilities shall be responsible for twenty-five percent (25%) of each request for reimbursement up to a total amount of twenty-five thousand dollars ($25,000) per site per clean-up. An impacted third party's deductible shall be equal to the deductible that would be applicable if the impacted third party owned the drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility that is the source of the release.
(l) Registration fees and surcharges paid under this section shall be collected by the department and deposited in the drycleaner environmental response fund created under this chapter.
(m) If the money in the fund exceeds ten million dollars ($10,000,000) during any one (1) year, the department shall waive the payment of the solvent surcharges and collect only the registration fees for a period of one (1) year.
(n) The registration fees and surcharges and deductibles prescribed by this section may be adjusted by the commissioner, after notice and opportunity for public comment, in a manner necessary and appropriate to ensure viability of the fund and in furtherance of the purposes of this chapter; provided, that any fees or deductibles applicable to abandoned drycleaning facilities shall never be in excess of the fees and deductibles applicable to the largest drycleaning facility, and there shall be no surcharges on abandoned drycleaning facilities.
Amended by 2014 Tenn. Acts, ch. 976,s 8, eff. 5/22/2014.
Amended by 2014 Tenn. Acts, ch. 976,s 7, eff. 5/22/2014.
Amended by 2014 Tenn. Acts, ch. 976,s 6, eff. 5/22/2014.
Amended by 2014 Tenn. Acts, ch. 976,s 5, eff. 5/22/2014.
Amended by 2014 Tenn. Acts, ch. 976,s 4, eff. 5/22/2014.
Acts 1995, ch. 541, § 6; 1996, ch. 860, §§ 4-6; 2002, ch. 598, §§ 4 - 6.
Tenn. Code Ann. § 68-221-504 — TN Code / Title 68 / Chapter 221 / Section 68-221-504
Rules and regulations
Status: in_force

The department may adopt rules and regulations necessary for the effective administration of this part, including, but not limited to, the submission of plans, the procedures to be followed in applying for loans, and for enforcing agreements entered into by municipalities with the department with respect to such loans. Such rules and regulations shall require that an eligible project be so constructed, both as to materials and design, as to: (1) Provide an adequate and safe supply of water for the area to be served; (2) Provide for expansion and extension of the system, taking into consideration growth that can be reasonably anticipated; and (3) Minimize costs of integration with another system or systems where proximity of such systems indicates that integration may become desirable. Acts 1974, ch. 671, § 4; T.C.A., § 53-2058; Acts 1989, ch. 233, §§ 27, 28; T.C.A., § 68-13-504.
The department may adopt rules and regulations necessary for the effective administration of this part, including, but not limited to, the submission of plans, the procedures to be followed in applying for loans, and for enforcing agreements entered into by municipalities with the department with respect to such loans. Such rules and regulations shall require that an eligible project be so constructed, both as to materials and design, as to:
(1) Provide an adequate and safe supply of water for the area to be served;
(2) Provide for expansion and extension of the system, taking into consideration growth that can be reasonably anticipated; and
(3) Minimize costs of integration with another system or systems where proximity of such systems indicates that integration may become desirable.
Acts 1974, ch. 671, § 4; T.C.A., § 53-2058; Acts 1989, ch. 233, §§ 27, 28; T.C.A., § 68-13-504.
Tenn. Code Ann. § 68-211-910 — TN Code / Title 68 / Chapter 211 / Section 68-211-910
Bonds - Issuance - Execution - Sale - Negotiability - Refunding bonds - Amount - Notice of issuance - Application of proceeds
Status: in_force

(a) The authority has the power to issue bonds from time to time in order to accomplish its purposes. Except as herein otherwise expressly provided, all bonds issued by the authority shall be payable solely out of the revenue and receipts derived from the authority's projects or of any thereof as may be designated in the proceedings of the board of directors under which the bonds shall be authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project. Such bonds may be issued in one (1) or more series, may be executed and delivered by the authority at any time and from time to time, may be in such form and denomination and of such terms and maturities, may be subject to redemption prior to maturity either with or without premium, may be in fully registered form or in bearer form registerable either as to principal or interest, or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without the state of Tennessee, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board of directors whereunder the bonds shall be authorized to be issued. (b) Bonds of the authority shall be executed in the name of the authority by such officers of the authority and in such manner as the board of directors may direct, and shall be sealed with the corporate seal of the authority. If so provided in the proceedings authorizing the bonds, the facsimile signature of any of the officers of the authority may appear on such bonds, and a facsimile of the corporate seal of the authority may appear on the bonds in lieu of the manual signature of such officer and the manual impress of such seal; provided, that at least one (1) of the signatures appearing on such bonds shall be a manual signature. Interest coupons attached to such bonds shall be executed with the facsimile signatures of the officers who shall execute the bonds, who shall adopt as and for their own signatures their respective facsimile signatures appearing on such coupons. Bonds issued under this chapter, and the coupons appurtenant thereto, bearing the signature of any officer in office on the date of signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof such person shall have ceased to be an officer of the authority. (c) Any bonds of the authority may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the board of directors of the authority to be most advantageous, and the authority may pay all expenses, premiums and commissions which its board of directors may deem necessary or advantageous in connection with the issuance thereof. (d) All bonds of the authority and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments. (e) Interim certificates or notes or other temporary obligations issued by the authority pending the issuance of its revenue bonds shall be payable out of revenues and receipts in like manner as such revenue bonds, and shall be retired from the proceeds of such bonds upon the issuance thereof, and shall be in such form and contain such terms, conditions and provisions consistent with this part and part 8 of this chapter as the board of directors may determine. (f) (1) Any bonds or notes of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following: (A) The principal amount of the obligations being refinanced; (B) Applicable redemption premiums thereon; (C) (i) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds; (ii) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as hereinafter provided, interest is to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the authority; (D) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve; (E) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project, and for two (2) years after the estimated date of completion (but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced); and (F) Expenses of the authority, including bond discount, deemed by the board of directors to be necessary for the issuance of the refunding bonds. (2) A determination by the board of directors that any refinancing is advantageous or necessary to the authority, or that any of the amounts provided in subdivision (f)(1)(F) should be included in such refinancing, or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date or permitted to remain outstanding until their respective dates of maturity, shall be conclusive; provided, that prior to the adoption by the board of directors of the resolution authorizing the issuance of refunding bonds under this section, the plan for refunding shall be submitted to the comptroller of the treasury or the comptroller's designee for review, and the comptroller of the treasury or the comptroller's designee may report thereon to the board of directors within fifteen (15) days from the date the plan is received by the comptroller of the treasury or the comptroller's designee, and the comptroller of the treasury or the comptroller's designee shall immediately acknowledge receipt in writing of the proposed refunding plan. After receiving the report of the comptroller of the treasury or the comptroller's designee or after the expiration of fifteen (15) days from the date the refunding plan is received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the board of directors may take such action with reference to such proposed refunding plan as it deems advisable. (g) Any such refunding may be effected whether the obligations to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, or by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, and regardless of whether or not the obligations to be refunded were issued in connection with the same projects or separate projects, and regardless of whether or not the obligations proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise. (h) Unless the obligations to be refunded are to be retired at the time of delivery of the refunding bonds, the board of directors shall, prior to the issuance of the refunding bonds, cause notice of its intention to issue the refunding bonds to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in a municipality with respect to which the corporation was organized, and in a financial newspaper published in New York, New York, and having national circulation. Such notice shall identify the obligations proposed to be refunded and set forth the estimated date of delivery of the refunding bonds. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (h). If any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of redemption to be given in the manner required by the resolution or ordinance authorizing such outstanding obligations. (i) The principal proceeds from the sale of any refunding bonds shall be applied, only as follows, to either: (1) The immediate payment and retirement of the obligations being refunded; or (2) To the extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust and together with any investment income thereon to provide for the payment and retirement of the obligations being refunded, and to pay any expenses incurred in connection with such refunding, but provision may be made for the pledging and application of any surplus for any purposes of the authority including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds or other obligations of the authority. Money in any such trust fund may be invested in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in the state of Tennessee, if such certificates shall be secured by a pledge of any of the obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing herein shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but which shall not have matured and which shall not be presently redeemable or, if presently redeemable, shall not have been called for redemption. Acts 1991, ch. 451, § 67; T.C.A., § 68-31-910; Acts 2010 , ch. 868, § 81.
(a) The authority has the power to issue bonds from time to time in order to accomplish its purposes. Except as herein otherwise expressly provided, all bonds issued by the authority shall be payable solely out of the revenue and receipts derived from the authority's projects or of any thereof as may be designated in the proceedings of the board of directors under which the bonds shall be authorized to be issued, including debt obligations of the lessee or contracting party obtained from or in connection with the financing of a project. Such bonds may be issued in one (1) or more series, may be executed and delivered by the authority at any time and from time to time, may be in such form and denomination and of such terms and maturities, may be subject to redemption prior to maturity either with or without premium, may be in fully registered form or in bearer form registerable either as to principal or interest, or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without the state of Tennessee, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board of directors whereunder the bonds shall be authorized to be issued.
(b) Bonds of the authority shall be executed in the name of the authority by such officers of the authority and in such manner as the board of directors may direct, and shall be sealed with the corporate seal of the authority. If so provided in the proceedings authorizing the bonds, the facsimile signature of any of the officers of the authority may appear on such bonds, and a facsimile of the corporate seal of the authority may appear on the bonds in lieu of the manual signature of such officer and the manual impress of such seal; provided, that at least one (1) of the signatures appearing on such bonds shall be a manual signature. Interest coupons attached to such bonds shall be executed with the facsimile signatures of the officers who shall execute the bonds, who shall adopt as and for their own signatures their respective facsimile signatures appearing on such coupons. Bonds issued under this chapter, and the coupons appurtenant thereto, bearing the signature of any officer in office on the date of signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof such person shall have ceased to be an officer of the authority.
(c) Any bonds of the authority may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the board of directors of the authority to be most advantageous, and the authority may pay all expenses, premiums and commissions which its board of directors may deem necessary or advantageous in connection with the issuance thereof.
(d) All bonds of the authority and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
(e) Interim certificates or notes or other temporary obligations issued by the authority pending the issuance of its revenue bonds shall be payable out of revenues and receipts in like manner as such revenue bonds, and shall be retired from the proceeds of such bonds upon the issuance thereof, and shall be in such form and contain such terms, conditions and provisions consistent with this part and part 8 of this chapter as the board of directors may determine.
(f) (1) Any bonds or notes of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following: (A) The principal amount of the obligations being refinanced; (B) Applicable redemption premiums thereon; (C) (i) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds; (ii) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as hereinafter provided, interest is to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the authority; (D) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve; (E) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project, and for two (2) years after the estimated date of completion (but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced); and (F) Expenses of the authority, including bond discount, deemed by the board of directors to be necessary for the issuance of the refunding bonds. (2) A determination by the board of directors that any refinancing is advantageous or necessary to the authority, or that any of the amounts provided in subdivision (f)(1)(F) should be included in such refinancing, or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date or permitted to remain outstanding until their respective dates of maturity, shall be conclusive; provided, that prior to the adoption by the board of directors of the resolution authorizing the issuance of refunding bonds under this section, the plan for refunding shall be submitted to the comptroller of the treasury or the comptroller's designee for review, and the comptroller of the treasury or the comptroller's designee may report thereon to the board of directors within fifteen (15) days from the date the plan is received by the comptroller of the treasury or the comptroller's designee, and the comptroller of the treasury or the comptroller's designee shall immediately acknowledge receipt in writing of the proposed refunding plan. After receiving the report of the comptroller of the treasury or the comptroller's designee or after the expiration of fifteen (15) days from the date the refunding plan is received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the board of directors may take such action with reference to such proposed refunding plan as it deems advisable.
(1) Any bonds or notes of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the board of directors may deem necessary, but not exceeding the sum of the following: (A) The principal amount of the obligations being refinanced; (B) Applicable redemption premiums thereon; (C) (i) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds; (ii) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as hereinafter provided, interest is to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the authority; (D) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve; (E) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project, and for two (2) years after the estimated date of completion (but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced); and (F) Expenses of the authority, including bond discount, deemed by the board of directors to be necessary for the issuance of the refunding bonds.
(A) The principal amount of the obligations being refinanced;
(B) Applicable redemption premiums thereon;
(C) (i) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds; (ii) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as hereinafter provided, interest is to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the authority;
(i) Unpaid interest on such obligations to the date of delivery or exchange of the refunding bonds;
(ii) In the event the proceeds from the sale of the refunding bonds are to be deposited in trust as hereinafter provided, interest is to accrue on such obligations from the date of delivery to the first or any subsequent available redemption date or dates selected, in its discretion, by the board of directors, or to the date or dates of maturity, whichever shall be determined by the board of directors to be most advantageous or necessary to the authority;
(D) A reasonable reserve for the payment of principal of and interest on such bonds and/or a renewal and replacement reserve;
(E) If the project to be constructed from the proceeds of the obligations being refinanced has not been completed, an amount sufficient to meet the interest charges on the refunding bonds during the construction of such project, and for two (2) years after the estimated date of completion (but only to the extent that interest charges have not been capitalized from the proceeds of the obligations being refinanced); and
(F) Expenses of the authority, including bond discount, deemed by the board of directors to be necessary for the issuance of the refunding bonds.
(2) A determination by the board of directors that any refinancing is advantageous or necessary to the authority, or that any of the amounts provided in subdivision (f)(1)(F) should be included in such refinancing, or that any of the obligations to be refinanced should be called for redemption on the first or any subsequent available redemption date or permitted to remain outstanding until their respective dates of maturity, shall be conclusive; provided, that prior to the adoption by the board of directors of the resolution authorizing the issuance of refunding bonds under this section, the plan for refunding shall be submitted to the comptroller of the treasury or the comptroller's designee for review, and the comptroller of the treasury or the comptroller's designee may report thereon to the board of directors within fifteen (15) days from the date the plan is received by the comptroller of the treasury or the comptroller's designee, and the comptroller of the treasury or the comptroller's designee shall immediately acknowledge receipt in writing of the proposed refunding plan. After receiving the report of the comptroller of the treasury or the comptroller's designee or after the expiration of fifteen (15) days from the date the refunding plan is received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the board of directors may take such action with reference to such proposed refunding plan as it deems advisable.
(g) Any such refunding may be effected whether the obligations to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, or by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, and regardless of whether or not the obligations to be refunded were issued in connection with the same projects or separate projects, and regardless of whether or not the obligations proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.
(h) Unless the obligations to be refunded are to be retired at the time of delivery of the refunding bonds, the board of directors shall, prior to the issuance of the refunding bonds, cause notice of its intention to issue the refunding bonds to be given to the holders of the outstanding obligations by publication of an appropriate notice one (1) time each in a newspaper having general circulation in a municipality with respect to which the corporation was organized, and in a financial newspaper published in New York, New York, and having national circulation. Such notice shall identify the obligations proposed to be refunded and set forth the estimated date of delivery of the refunding bonds. As soon as practicable after the delivery of the refunding bonds, and whether or not any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of the issuance of the refunding bonds to be given in the manner provided in this subsection (h). If any of the obligations to be refunded are to be called for redemption, the board of directors shall cause notice of redemption to be given in the manner required by the resolution or ordinance authorizing such outstanding obligations.
(i) The principal proceeds from the sale of any refunding bonds shall be applied, only as follows, to either: (1) The immediate payment and retirement of the obligations being refunded; or (2) To the extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust and together with any investment income thereon to provide for the payment and retirement of the obligations being refunded, and to pay any expenses incurred in connection with such refunding, but provision may be made for the pledging and application of any surplus for any purposes of the authority including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds or other obligations of the authority. Money in any such trust fund may be invested in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in the state of Tennessee, if such certificates shall be secured by a pledge of any of the obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing herein shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but which shall not have matured and which shall not be presently redeemable or, if presently redeemable, shall not have been called for redemption.
(1) The immediate payment and retirement of the obligations being refunded; or
(2) To the extent not required for the immediate payment of the obligations being refunded, then such proceeds shall be deposited in trust and together with any investment income thereon to provide for the payment and retirement of the obligations being refunded, and to pay any expenses incurred in connection with such refunding, but provision may be made for the pledging and application of any surplus for any purposes of the authority including, without limitation, provision for the pledging of any such surplus to the payment of the principal of and interest on any issue or series of refunding bonds or other obligations of the authority. Money in any such trust fund may be invested in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States government, or obligations of any agency or instrumentality of the United States government, or in certificates of deposit issued by a bank or trust company located in the state of Tennessee, if such certificates shall be secured by a pledge of any of the obligations having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing herein shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but which shall not have matured and which shall not be presently redeemable or, if presently redeemable, shall not have been called for redemption.
Acts 1991, ch. 451, § 67; T.C.A., § 68-31-910; Acts 2010 , ch. 868, § 81.
Tenn. Code Ann. § 68-221-609 — TN Code / Title 68 / Chapter 221 / Section 68-221-609
Collection from industrial users for construction costs - Allocation of right to discharge industrial wastes into system
Status: in_force

(a) (1) In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from such industrial users all or any part of the construction costs of such treatment works reasonably attributed to treatment of such industrial wastes. (2) The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the authority is equitable and will assure such industrial cost recovery. (b) (1) The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that such assumption shall not release such original or former user without the written consent of the agency, which consent shall not be unreasonably withheld. (2) The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system. (3) In the event of such reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to its increased use of the system. Acts 1974, ch. 605, § 9; T.C.A., §§ 53-6009, 68-13-609.
(a) (1) In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from such industrial users all or any part of the construction costs of such treatment works reasonably attributed to treatment of such industrial wastes. (2) The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the authority is equitable and will assure such industrial cost recovery.
(1) In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from such industrial users all or any part of the construction costs of such treatment works reasonably attributed to treatment of such industrial wastes.
(2) The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the authority is equitable and will assure such industrial cost recovery.
(b) (1) The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that such assumption shall not release such original or former user without the written consent of the agency, which consent shall not be unreasonably withheld. (2) The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system. (3) In the event of such reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to its increased use of the system.
(1) The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that such assumption shall not release such original or former user without the written consent of the agency, which consent shall not be unreasonably withheld.
(2) The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system.
(3) In the event of such reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to its increased use of the system.
Acts 1974, ch. 605, § 9; T.C.A., §§ 53-6009, 68-13-609.
Tenn. Code Ann. § 68-221-714 — TN Code / Title 68 / Chapter 221 / Section 68-221-714
Hearings - Initial order - Review of initial order - Final order - Judicial review of final order
Status: in_force

(a) The hearing on any petition for review of an order issued under § 68-221-712 or an assessment under § 68-221-713 shall be conducted as a contested case hearing 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. (b) 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 hearing 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. (c) Within sixty (60) days of the completion of the record of the hearing, the administrative judge shall issue an initial order. 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. (d) 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 shall allow each party an opportunity to present oral argument. If appealed to the board, the board's 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 the provisions of § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. (e) 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 shall be 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 . (f) 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 determining 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. Amended by 2014 Tenn. Acts, ch. 624, s 2, eff. 7/1/2014. Acts 1983, ch. 324, § 15; T.C.A., § 68-13-714.
(a) The hearing on any petition for review of an order issued under § 68-221-712 or an assessment under § 68-221-713 shall be conducted as a contested case hearing 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.
(b) 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 hearing 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.
(c) Within sixty (60) days of the completion of the record of the hearing, the administrative judge shall issue an initial order. 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.
(d) 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 shall allow each party an opportunity to present oral argument. If appealed to the board, the board's 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 the provisions of § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order.
(e) 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 shall be 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 .
(f) 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 determining 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.
Amended by 2014 Tenn. Acts, ch. 624, s 2, eff. 7/1/2014.
Acts 1983, ch. 324, § 15; T.C.A., § 68-13-714.
Tenn. Code Ann. § 68-221-1204 — TN Code / Title 68 / Chapter 221 / Section 68-221-1204
Drinking water revolving loan fund
Status: in_force

(a) (1) There is created in the state treasury a revolving loan fund to be known as the "drinking water revolving loan fund." (2) The authority shall administer the fund and may 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 revolving fund available for expenditure in accordance with this part. (5) The authority may charge and collect from systems and water systems 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 principal and interest on 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 this part. (c) The department shall deposit in the fund federal funds allocated to the state pursuant to the federal act which have been determined by the department to be for the purpose of making loans to water systems 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 Safe Drinking Water Act for the purpose of making loans to water systems. (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 1997, ch. 483, § 5; 2009, ch. 224, § 2; 2009, ch. 402, § 3; 2010, ch. 1114, § 5.
(a) (1) There is created in the state treasury a revolving loan fund to be known as the "drinking water revolving loan fund." (2) The authority shall administer the fund and may 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 revolving fund available for expenditure in accordance with this part. (5) The authority may charge and collect from systems and water systems 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 "drinking water revolving loan fund."
(2) The authority shall administer the fund and may 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 revolving fund available for expenditure in accordance with this part.
(5) The authority may charge and collect from systems and water systems 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 principal and interest on 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 this part.
(1) The authority shall deposit in the fund all receipts from the repayment of principal and interest on 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 this part.
(c) The department shall deposit in the fund federal funds allocated to the state pursuant to the federal act which have been determined by the department to be for the purpose of making loans to water systems 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 Safe Drinking Water Act for the purpose of making loans to water systems.
(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 Safe Drinking Water Act for the purpose of making loans to water systems.
(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 1997, ch. 483, § 5; 2009, ch. 224, § 2; 2009, ch. 402, § 3; 2010, ch. 1114, § 5.
Tenn. Code Ann. § 68-221-1113 — TN Code / Title 68 / Chapter 221 / Section 68-221-1113
Annual report to state legislative delegation
Status: in_force

(a) The chief administrative officer of the agency or entity responsible for implementing this part or such officer's designated representative shall report annually and personally to the legislative delegation of any municipality to which this section applies on the storm water management program for which such officer is responsible. Such report shall include, at a minimum, the following: (1) The status of the storm water management program in such municipality; (2) The fee structure imposed to fund the implementation of this part and the adequacy of such fees to implement this part; (3) Any long-range plans which have been developed to implement this part; (4) The status of any projects to control storm water runoff; (5) The status of any condemnation proceedings pursuant to this part; and (6) Any other information deemed relevant by such officer or requested by the delegation. (b) This section only applies to municipalities in counties having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census. This section also applies to the municipality having the largest population in any county with a population of not less than three hundred thirty-five thousand (335,000) nor more than three hundred thirty-six thousand (336,000), according to the 1990 federal census or any subsequent federal census. This section shall also apply to the municipality having the largest population in any county with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census. Acts 1993, ch. 257, § 14.
(a) The chief administrative officer of the agency or entity responsible for implementing this part or such officer's designated representative shall report annually and personally to the legislative delegation of any municipality to which this section applies on the storm water management program for which such officer is responsible. Such report shall include, at a minimum, the following: (1) The status of the storm water management program in such municipality; (2) The fee structure imposed to fund the implementation of this part and the adequacy of such fees to implement this part; (3) Any long-range plans which have been developed to implement this part; (4) The status of any projects to control storm water runoff; (5) The status of any condemnation proceedings pursuant to this part; and (6) Any other information deemed relevant by such officer or requested by the delegation.
(1) The status of the storm water management program in such municipality;
(2) The fee structure imposed to fund the implementation of this part and the adequacy of such fees to implement this part;
(3) Any long-range plans which have been developed to implement this part;
(4) The status of any projects to control storm water runoff;
(5) The status of any condemnation proceedings pursuant to this part; and
(6) Any other information deemed relevant by such officer or requested by the delegation.
(b) This section only applies to municipalities in counties having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census. This section also applies to the municipality having the largest population in any county with a population of not less than three hundred thirty-five thousand (335,000) nor more than three hundred thirty-six thousand (336,000), according to the 1990 federal census or any subsequent federal census. This section shall also apply to the municipality having the largest population in any county with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census.
Acts 1993, ch. 257, § 14.
Tenn. Code Ann. § 68-202-708 — TN Code / Title 68 / Chapter 202 / Section 68-202-708
Injunctions - Restraining orders
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 occurred, or is about to occur, in the name of the department by the attorney general and reporter. In these suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall be tried by jury. Acts 1993, ch. 143, § 5.
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 occurred, or is about to occur, in the name of the department by the attorney general and reporter. In these suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall be tried by jury.
Acts 1993, ch. 143, § 5.
Tenn. Code Ann. § 68-212-304 — TN Code / Title 68 / Chapter 212 / Section 68-212-304
Development of hazardous waste reduction plan - Inspection of plan by commissioner or department
Status: in_force

(a) All large and small quantity generators shall complete a hazardous waste reduction plan in accordance with the requirements of § 68-212-305 . After completion of a plan, the generator shall maintain a current copy of the plan at the generating facility. The plan and the annual progress reports under § 68-212-306 shall be made available, upon request, to a representative of the department at any reasonable time. The department may make use of the information as it deems necessary to carry out its duties under this chapter. (b) For the purposes of this section and § 68-212-305 , a generator shall permit the commissioner to inspect the hazardous waste reduction plan. The generator shall permit any officer, employee or representative of the department at all reasonable times to have access to the plan. The generator shall furnish a copy of the plan upon request to the commissioner. Acts 1990, ch. 754, § 5; 1991, ch. 130, § 1; T.C.A., § 68-46-304; Acts 2007 , ch. 362, § 31.
(a) All large and small quantity generators shall complete a hazardous waste reduction plan in accordance with the requirements of § 68-212-305 . After completion of a plan, the generator shall maintain a current copy of the plan at the generating facility. The plan and the annual progress reports under § 68-212-306 shall be made available, upon request, to a representative of the department at any reasonable time. The department may make use of the information as it deems necessary to carry out its duties under this chapter.
(b) For the purposes of this section and § 68-212-305 , a generator shall permit the commissioner to inspect the hazardous waste reduction plan. The generator shall permit any officer, employee or representative of the department at all reasonable times to have access to the plan. The generator shall furnish a copy of the plan upon request to the commissioner.
Acts 1990, ch. 754, § 5; 1991, ch. 130, § 1; T.C.A., § 68-46-304; Acts 2007 , ch. 362, § 31.
Tenn. Code Ann. § 68-221-1205 — TN Code / Title 68 / Chapter 221 / Section 68-221-1205
Program for loans, financing and refinancing - Powers of department and authority - Priority system and list - Affordability criteria - Intended use plan - Recommendations for loans - Audit
Status: in_force

(a) The department, in conjunction with the authority shall administer a program for loans to water systems and the department may adopt regulations to govern the application procedure for loans under this part as well as to effectuate the purposes of this part. (b) The department shall recommend to the authority an appropriate financing method for each water system which has applied for financial assistance under this part and which appears on the drinking water priority list established under this section. In recommending the interest rate for a loan, the department shall utilize the affordability criteria developed pursuant to this section. Water systems serving jurisdictions falling within the lower economic scale on the index shall be eligible for lower interest rates. (c) Priority System. The department shall, after notice and opportunity for public comment, establish a priority system for loans under this part that to the maximum extent practicable, gives priority for the use of funds to projects that: (1) Address the most serious risk to human health; (2) Are necessary to ensure compliance with the requirements of the federal and state acts (including requirements for filtration); and (3) Assist systems most in need on a per household basis according to state affordability criteria. (d) Priority List. The department shall, after notice and opportunity for public comment, publish and periodically update a list of projects in the state that are eligible for assistance under this part, including the priority assigned to each project. (e) The department shall, after notice and opportunity for public comment, establish affordability criteria for loans under this program which shall utilize an economic index based on factors which include, but are not limited to, per capita income and property values of the jurisdiction to be served. (f) After providing for public review and comment, the department shall annually prepare a plan that identifies the intended uses of the amounts available to the fund. An intended use plan shall include: (1) A list of the projects to be assisted in the first fiscal year that begins after the date of the plan, including a description of the project, the expected terms and schedule of financial assistance, and the size of the community served; (2) The criteria and methods established for the distribution of funds, including the priority system; and (3) A description of the financial status of the fund and the short-term and long-term goals of the fund. (g) The department shall present to the authority its recommendations for loans to water systems. Prior to making a recommendation for loans to water systems, the department may ensure through an environmental review that loan funded projects shall be environmentally sound. The authority shall have final approval of such loans. Both the department and the authority shall be parties to the contracts with water systems concerning loans. (h) The comptroller of the treasury shall make an annual audit of the fund as part of the comptroller of the treasury's annual audit of the authority and the department pursuant to § 9-3-211 . (i) The authority and the department shall have such other authority as may be necessary and appropriate for the exercise of the powers and duties conferred by this part. (j) Notwithstanding any other provision of this part to the contrary, the department, in conjunction with the authority, may develop alternative financial assistance programs, which may include the issuance of the authority's revenue bonds, for water systems using the funds appropriated herein to effect the legislative intent of providing low-cost financial assistance to water systems, provided such programs are permissible under the federal act. (k) Water systems and the authority shall have the powers discussed in § 68-221-1005(g), (h), (i), and (k) , and may use such powers in the manner stated therein in relation to projects receiving loans under this part; provided, that this subsection (k) does not apply to privately owned for-profit community public water systems. (l) (1) The department and the authority may use any federal funds allocated to the state to make loans and to subsidize loans made through the program authorized by this part, through such mechanisms as forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt; (2) The department and the authority may administer the program using the funds in accordance with the criteria set by the federal government; and (3) The department may promulgate rules and develop forms that may be deemed necessary for the program. Amended by 2022 Tenn. Acts, ch. 886, s 7, eff. 4/14/2022. Amended by 2015 Tenn. Acts, ch. 207, s 3, eff. 4/20/2015. Acts 1997 , ch. 483, § 6; 2002, ch. 603, § 7; 2009 , ch. 402, § 4; 2010 , ch. 1114, § 6.
(a) The department, in conjunction with the authority shall administer a program for loans to water systems and the department may adopt regulations to govern the application procedure for loans under this part as well as to effectuate the purposes of this part.
(b) The department shall recommend to the authority an appropriate financing method for each water system which has applied for financial assistance under this part and which appears on the drinking water priority list established under this section. In recommending the interest rate for a loan, the department shall utilize the affordability criteria developed pursuant to this section. Water systems serving jurisdictions falling within the lower economic scale on the index shall be eligible for lower interest rates.
(c) Priority System. The department shall, after notice and opportunity for public comment, establish a priority system for loans under this part that to the maximum extent practicable, gives priority for the use of funds to projects that: (1) Address the most serious risk to human health; (2) Are necessary to ensure compliance with the requirements of the federal and state acts (including requirements for filtration); and (3) Assist systems most in need on a per household basis according to state affordability criteria.
(1) Address the most serious risk to human health;
(2) Are necessary to ensure compliance with the requirements of the federal and state acts (including requirements for filtration); and
(3) Assist systems most in need on a per household basis according to state affordability criteria.
(d) Priority List. The department shall, after notice and opportunity for public comment, publish and periodically update a list of projects in the state that are eligible for assistance under this part, including the priority assigned to each project.
(e) The department shall, after notice and opportunity for public comment, establish affordability criteria for loans under this program which shall utilize an economic index based on factors which include, but are not limited to, per capita income and property values of the jurisdiction to be served.
(f) After providing for public review and comment, the department shall annually prepare a plan that identifies the intended uses of the amounts available to the fund. An intended use plan shall include: (1) A list of the projects to be assisted in the first fiscal year that begins after the date of the plan, including a description of the project, the expected terms and schedule of financial assistance, and the size of the community served; (2) The criteria and methods established for the distribution of funds, including the priority system; and (3) A description of the financial status of the fund and the short-term and long-term goals of the fund.
(1) A list of the projects to be assisted in the first fiscal year that begins after the date of the plan, including a description of the project, the expected terms and schedule of financial assistance, and the size of the community served;
(2) The criteria and methods established for the distribution of funds, including the priority system; and
(3) A description of the financial status of the fund and the short-term and long-term goals of the fund.
(g) The department shall present to the authority its recommendations for loans to water systems. Prior to making a recommendation for loans to water systems, the department may ensure through an environmental review that loan funded projects shall be environmentally sound. The authority shall have final approval of such loans. Both the department and the authority shall be parties to the contracts with water systems concerning loans.
(h) The comptroller of the treasury shall make an annual audit of the fund as part of the comptroller of the treasury's annual audit of the authority and the department pursuant to § 9-3-211 .
(i) The authority and the department shall have such other authority as may be necessary and appropriate for the exercise of the powers and duties conferred by this part.
(j) Notwithstanding any other provision of this part to the contrary, the department, in conjunction with the authority, may develop alternative financial assistance programs, which may include the issuance of the authority's revenue bonds, for water systems using the funds appropriated herein to effect the legislative intent of providing low-cost financial assistance to water systems, provided such programs are permissible under the federal act.
(k) Water systems and the authority shall have the powers discussed in § 68-221-1005(g), (h), (i), and (k) , and may use such powers in the manner stated therein in relation to projects receiving loans under this part; provided, that this subsection (k) does not apply to privately owned for-profit community public water systems.
(l) (1) The department and the authority may use any federal funds allocated to the state to make loans and to subsidize loans made through the program authorized by this part, through such mechanisms as forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt; (2) The department and the authority may administer the program using the funds in accordance with the criteria set by the federal government; and (3) The department may promulgate rules and develop forms that may be deemed necessary for the program.
(1) The department and the authority may use any federal funds allocated to the state to make loans and to subsidize loans made through the program authorized by this part, through such mechanisms as forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt;
(2) The department and the authority may administer the program using the funds in accordance with the criteria set by the federal government; and
(3) The department may promulgate rules and develop forms that may be deemed necessary for the program.
Amended by 2022 Tenn. Acts, ch. 886, s 7, eff. 4/14/2022.
Amended by 2015 Tenn. Acts, ch. 207, s 3, eff. 4/20/2015.
Acts 1997 , ch. 483, § 6; 2002, ch. 603, § 7; 2009 , ch. 402, § 4; 2010 , ch. 1114, § 6.
Tenn. Code Ann. § 68-201-101 — TN Code / Title 68 / Chapter 201 / Section 68-201-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Air Quality Act." Acts 1967, ch. 367, § 1; 1971, ch. 362, § 1; 1979, ch. 299, § 7; T.C.A., §§ 53-3408, 68-25-101.
This part shall be known and may be cited as the "Tennessee Air Quality Act."
Acts 1967, ch. 367, § 1; 1971, ch. 362, § 1; 1979, ch. 299, § 7; T.C.A., §§ 53-3408, 68-25-101.
Tenn. Code Ann. § 68-221-517 — TN Code / Title 68 / Chapter 221 / Section 68-221-517
Provisions supplemental
Status: in_force

(a) This part is in addition and supplemental to any other law providing for the financing of waterworks of municipalities, and shall not be deemed to amend or repeal any other law. (b) No proceedings by a municipality shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any provision of law to the contrary. (c) No requirements or restrictions applicable to borrowing by municipalities contained in any other law shall be applicable to loans under this part. Acts 1974, ch. 671, § 17; T.C.A., §§ 53-2071, 68-13-517.
(a) This part is in addition and supplemental to any other law providing for the financing of waterworks of municipalities, and shall not be deemed to amend or repeal any other law.
(b) No proceedings by a municipality shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any provision of law to the contrary.
(c) No requirements or restrictions applicable to borrowing by municipalities contained in any other law shall be applicable to loans under this part.
Acts 1974, ch. 671, § 17; T.C.A., §§ 53-2071, 68-13-517.
Tenn. Code Ann. § 68-221-810 — TN Code / Title 68 / Chapter 221 / Section 68-221-810
Contracts between state and municipalities
Status: in_force

(a) The department may, in the name of the state of Tennessee, enter into contracts with municipalities concerning grants for construction of wastewater treatment works and concerning grants for preliminary engineering. (b) The department is authorized to adopt rules and regulations governing such contracts. Acts 1984, ch. 768, § 11; T.C.A., § 68-13-810.
(a) The department may, in the name of the state of Tennessee, enter into contracts with municipalities concerning grants for construction of wastewater treatment works and concerning grants for preliminary engineering.
(b) The department is authorized to adopt rules and regulations governing such contracts.
Acts 1984, ch. 768, § 11; T.C.A., § 68-13-810.
Tenn. Code Ann. § 68-221-613 — TN Code / Title 68 / Chapter 221 / Section 68-221-613
Administration by civil service - Adoption of civil service plan by authority - Requirements
Status: in_force

The authority by action of its board may elect to come under the civil service plan of the creating governmental entity, to be administered by the civil service commission or board of such governmental entity; or may adopt its own civil service plan to be administered by the board, which plan shall include, but need not be limited to, the following provisions: (1) Entry into the service on the basis of open competition; and service, promotions and remuneration on the basis of merit, efficiency and fitness; (2) Classifications of the positions in the service; (3) The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates; (4) Employment of candidates from the eligible lists in the highest qualified rating; (5) Probationary periods not to exceed six (6) months; (6) Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review; (7) Schedules of compensation and pay increases prepared by the executive director and approved by the board; (8) Promotion on the basis of ascertained merit, seniority in service, and competitive examinations; (9) Provision for keeping service records on all employees; (10) Regulations for hours of work, attendance, holidays, leaves of absence and transfers; and procedures for layoffs, discharge, suspension, discipline and reinstatement; (11) The exemption for civil service of persons employed to render professional, scientific, technical or expert service of a temporary or exceptional character; persons employed on projects paid from the proceeds of bonds issued by the authority; and persons employed for a period of less than three (3) months in any twelve-month period; and (12) Review by the board, at the request of the employee in question and after notice and public hearing of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the board. Findings of facts by the board shall not be subject to review by any court except for illegality or want of jurisdiction. Acts 1974, ch. 605, § 13; T.C.A., §§ 53-6013, 68-13-613.
The authority by action of its board may elect to come under the civil service plan of the creating governmental entity, to be administered by the civil service commission or board of such governmental entity; or may adopt its own civil service plan to be administered by the board, which plan shall include, but need not be limited to, the following provisions:
(1) Entry into the service on the basis of open competition; and service, promotions and remuneration on the basis of merit, efficiency and fitness;
(2) Classifications of the positions in the service;
(3) The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates;
(4) Employment of candidates from the eligible lists in the highest qualified rating;
(5) Probationary periods not to exceed six (6) months;
(6) Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review;
(7) Schedules of compensation and pay increases prepared by the executive director and approved by the board;
(8) Promotion on the basis of ascertained merit, seniority in service, and competitive examinations;
(9) Provision for keeping service records on all employees;
(10) Regulations for hours of work, attendance, holidays, leaves of absence and transfers; and procedures for layoffs, discharge, suspension, discipline and reinstatement;
(11) The exemption for civil service of persons employed to render professional, scientific, technical or expert service of a temporary or exceptional character; persons employed on projects paid from the proceeds of bonds issued by the authority; and persons employed for a period of less than three (3) months in any twelve-month period; and
(12) Review by the board, at the request of the employee in question and after notice and public hearing of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the board. Findings of facts by the board shall not be subject to review by any court except for illegality or want of jurisdiction.
Acts 1974, ch. 605, § 13; T.C.A., §§ 53-6013, 68-13-613.
Tenn. Code Ann. § 68-221-414 — TN Code / Title 68 / Chapter 221 / Section 68-221-414
Proof of access to sewage system prior to construction - Rules and regulations
Status: in_force

(a) Any person who intends to construct or locate a house or establishment, mobile or permanent, shall furnish evidence to the deputy electrical inspector under contract with the department of commerce and insurance, that: (1) The house or establishment is served by a public sewerage system; or (2) The person has applied for a permit for a subsurface sewage disposal system; provided, that this subsection (a) shall not apply to farm buildings or other buildings which are not connected to a public sewerage system or a subsurface sewage disposal system. (b) No public electric system shall supply electrical service for the construction or location of a house or establishment, mobile or permanent, until notified by the official electrical inspector that there has been compliance with subsection (a). Such notification shall be furnished to the public electric system by the inspector along with the electrical inspection approval for the house or establishment. (c) Under no circumstances shall any of the following persons be held liable for a violation of subsection (b) unless the violation is knowing and intentional: (1) A public electric system or any of its employees; and (2) The department of commerce and insurance or any of the electrical inspectors employed by or under contract with that department. (d) The sole responsibility for enforcement of the subsurface sewage law shall lie with the department of environment and conservation. (e) This section does not apply to those counties having, on July 1, 1994, countywide building permit programs; provided, that those counties shall by letter certify to the commissioner of environment and conservation that such programs do exist which require that a subsurface sewage disposal system permit be obtained prior to receiving a building permit. (f) (1) On or before September 14, 1993, the commissioner of environment and conservation shall promulgate proposed regulations establishing the necessary coordination between the department of environment and conservation and the department of commerce and insurance. These regulations shall not become final until they are approved by the commissioner of commerce and insurance. (2) The commissioner of commerce and insurance may promulgate regulations clarifying that department's responsibility under this section, if such regulations are deemed necessary. (g) Any county that adopts and establishes a countywide building permit program subsequent to July 1, 1994, shall become exempt from this section; provided, that it meets the requirements of subsection (e). Acts 1993, ch. 325, §§ 1, 2; 2006, ch. 877, § 2.
(a) Any person who intends to construct or locate a house or establishment, mobile or permanent, shall furnish evidence to the deputy electrical inspector under contract with the department of commerce and insurance, that: (1) The house or establishment is served by a public sewerage system; or (2) The person has applied for a permit for a subsurface sewage disposal system; provided, that this subsection (a) shall not apply to farm buildings or other buildings which are not connected to a public sewerage system or a subsurface sewage disposal system.
(1) The house or establishment is served by a public sewerage system; or
(2) The person has applied for a permit for a subsurface sewage disposal system; provided, that this subsection (a) shall not apply to farm buildings or other buildings which are not connected to a public sewerage system or a subsurface sewage disposal system.
provided, that this subsection (a) shall not apply to farm buildings or other buildings which are not connected to a public sewerage system or a subsurface sewage disposal system.
(b) No public electric system shall supply electrical service for the construction or location of a house or establishment, mobile or permanent, until notified by the official electrical inspector that there has been compliance with subsection (a). Such notification shall be furnished to the public electric system by the inspector along with the electrical inspection approval for the house or establishment.
(c) Under no circumstances shall any of the following persons be held liable for a violation of subsection (b) unless the violation is knowing and intentional: (1) A public electric system or any of its employees; and (2) The department of commerce and insurance or any of the electrical inspectors employed by or under contract with that department.
(1) A public electric system or any of its employees; and
(2) The department of commerce and insurance or any of the electrical inspectors employed by or under contract with that department.
(d) The sole responsibility for enforcement of the subsurface sewage law shall lie with the department of environment and conservation.
(e) This section does not apply to those counties having, on July 1, 1994, countywide building permit programs; provided, that those counties shall by letter certify to the commissioner of environment and conservation that such programs do exist which require that a subsurface sewage disposal system permit be obtained prior to receiving a building permit.
(f) (1) On or before September 14, 1993, the commissioner of environment and conservation shall promulgate proposed regulations establishing the necessary coordination between the department of environment and conservation and the department of commerce and insurance. These regulations shall not become final until they are approved by the commissioner of commerce and insurance. (2) The commissioner of commerce and insurance may promulgate regulations clarifying that department's responsibility under this section, if such regulations are deemed necessary.
(1) On or before September 14, 1993, the commissioner of environment and conservation shall promulgate proposed regulations establishing the necessary coordination between the department of environment and conservation and the department of commerce and insurance. These regulations shall not become final until they are approved by the commissioner of commerce and insurance.
(2) The commissioner of commerce and insurance may promulgate regulations clarifying that department's responsibility under this section, if such regulations are deemed necessary.
(g) Any county that adopts and establishes a countywide building permit program subsequent to July 1, 1994, shall become exempt from this section; provided, that it meets the requirements of subsection (e).
Acts 1993, ch. 325, §§ 1, 2; 2006, ch. 877, § 2.
Tenn. Code Ann. § 68-205-114 — TN Code / Title 68 / Chapter 205 / Section 68-205-114
Residential property consisting of four or fewer dwelling units not qualified for financing
Status: in_force

Residential property consisting of four (4) or fewer dwelling units does not qualify for financing under the C-PACER program. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Residential property consisting of four (4) or fewer dwelling units does not qualify for financing under the C-PACER program.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-211-1007 — TN Code / Title 68 / Chapter 211 / Section 68-211-1007
Exemptions from fees on sales of automotive oil - Certification
Status: in_force

(a) The fee on the sale of automotive oil shall not be imposed on automotive oil: (1) Exported from this state by a distributor, or sold by a distributor to a wholesaler or retailer who certifies to the distributor, in accordance with subsection (b), that the automotive oil will be exported from this state by the wholesaler or retailer, or resold to a user who will export the automotive oil from this state; (2) Sold by a distributor to a wholesaler, retailer, or user who certifies to the distributor, in accordance with subsection (b), that the oil is oil for use with industrial machinery. (b) The certification required in this section shall be in writing, and shall include an acknowledgement on the part of the person giving certification that such person shall be liable to the department of revenue for the fee imposed under § 68-211-1006 , if the automotive oil is not sold or used in an exempt manner. Where a wholesaler or retailer certifies that the automotive oil is exempt from the fee on the basis of a subsequent resale to a person who will export the automotive oil, or use the automotive oil for an exempt purpose, the wholesaler or retailer must also obtain a certification from the purchaser that the automotive oil will be exported or used for an exempt purpose. (c) Good faith acceptance of a certification by a distributor, wholesaler or retailer shall relieve the distributor, wholesaler or retailer from any liability to the department of revenue for the fee otherwise applicable under § 68-211-1006 . If a person certifies that the automotive oil will be sold or used in an exempt manner, and the automotive oil is subsequently resold or used in a manner that does not qualify as exempt, the person making the resale or putting the automotive oil to use shall be liable to the department of revenue for the fee. Acts 1993, ch. 185, § 8.
(a) The fee on the sale of automotive oil shall not be imposed on automotive oil: (1) Exported from this state by a distributor, or sold by a distributor to a wholesaler or retailer who certifies to the distributor, in accordance with subsection (b), that the automotive oil will be exported from this state by the wholesaler or retailer, or resold to a user who will export the automotive oil from this state; (2) Sold by a distributor to a wholesaler, retailer, or user who certifies to the distributor, in accordance with subsection (b), that the oil is oil for use with industrial machinery.
(1) Exported from this state by a distributor, or sold by a distributor to a wholesaler or retailer who certifies to the distributor, in accordance with subsection (b), that the automotive oil will be exported from this state by the wholesaler or retailer, or resold to a user who will export the automotive oil from this state;
(2) Sold by a distributor to a wholesaler, retailer, or user who certifies to the distributor, in accordance with subsection (b), that the oil is oil for use with industrial machinery.
(b) The certification required in this section shall be in writing, and shall include an acknowledgement on the part of the person giving certification that such person shall be liable to the department of revenue for the fee imposed under § 68-211-1006 , if the automotive oil is not sold or used in an exempt manner. Where a wholesaler or retailer certifies that the automotive oil is exempt from the fee on the basis of a subsequent resale to a person who will export the automotive oil, or use the automotive oil for an exempt purpose, the wholesaler or retailer must also obtain a certification from the purchaser that the automotive oil will be exported or used for an exempt purpose.
(c) Good faith acceptance of a certification by a distributor, wholesaler or retailer shall relieve the distributor, wholesaler or retailer from any liability to the department of revenue for the fee otherwise applicable under § 68-211-1006 . If a person certifies that the automotive oil will be sold or used in an exempt manner, and the automotive oil is subsequently resold or used in a manner that does not qualify as exempt, the person making the resale or putting the automotive oil to use shall be liable to the department of revenue for the fee.
Acts 1993, ch. 185, § 8.
Tenn. Code Ann. § 68-221-1206 — TN Code / Title 68 / Chapter 221 / Section 68-221-1206
Prerequisites for and terms of loans
Status: in_force

(a) Loans shall be made only to water systems that: (1) Are on the department's water system priority ranking list established pursuant to § 68-221-1205 ; (2) Use the funds only for expenditures that will facilitate compliance with the federal act and the state act or otherwise significantly further the public health protection objectives of those acts; (3) In the opinion of the authority, demonstrate technical, managerial, and financial capability to ensure compliance with the requirements of the federal act and the state act; provided, that systems without such current capability may receive loans if the owner or operator of the system agrees to undertake feasible and appropriate changes in operations as approved by the Tennessee board of utility regulation (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures) to ensure that the system has the technical, managerial, and financial capability to comply with the requirements of the state and federal acts over the long term; (4) Are not in significant noncompliance with the federal act or the state act unless the use of the assistance will ensure compliance; (5) (A) In the opinion of the authority, demonstrate sufficient revenues to operate and maintain the water system for its useful life and to repay the loan; (B) Pledge security as required by the authority for the repayment of the loan; (C) Agree to adjust periodically fees and charges for services of the water system in order that loan payments and costs of the water system 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 the loan payments and costs of the water system; (6) Agree to maintain financial records in accordance with governmental accounting standards and to conduct an annual audit of the system'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 system 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 system; and (7) Provide such assurances as are reasonably requested by the authority and the department. (b) Loan funds may not be used for the acquisition of real property or interests therein, unless the acquisition is integral to a project authorized by this section and the purchase is from a willing seller. (c) Of the amount credited to the fund in any fiscal year, fifteen percent (15%) shall be available solely for providing loan assistance to water systems which regularly serve fewer than ten thousand (10,000) persons to the extent such funds can be obligated for eligible projects of water systems. (d) The interest rate for each loan shall be less than or equal to the market interest rate, or the loan may be interest free. (e) Principal and interest payments on each loan will commence not later than one (1) year after completion of the project for which the loan was made, and each loan will be fully amortized not later than thirty (30) years after the completion of the project, except that in the case of a disadvantaged community, as defined in subdivision (i)(2), the authority may provide an extended term for a loan, if the extended term: (1) Terminates not later than forty (40) years after the date of project completion; and (2) Does not exceed the expected design life of the project. (f) The drinking water revolving loan fund may also be used: (1) To buy or refinance the debt obligation of a municipality or an inter-municipal or interstate agency at an interest rate that is less than or equal to the market interest rate if the debt obligation was incurred after July 1, 1993; (2) To guarantee, or purchase insurance for, a local obligation (all of the proceeds of which finance a project eligible for assistance under this section) if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation; (3) As a source of revenue or security for the payment of principal and interest on debt of the authority, if the proceeds of the sale of the bonds will be deposited into the fund; (4) To earn interest on the amounts deposited into the fund; (5) For loans to any systems to acquire land or a conservation easement from a willing seller or grantor, if the purpose of the acquisition is to protect the source water of the system from contamination and to ensure compliance with national primary drinking water regulations; (6) For loans to any water system to implement local, voluntary source water protection measures to protect source water in areas delineated pursuant to section 1453 of the federal act, in order to facilitate compliance with national primary drinking water regulations applicable to the system under section 1412 of the federal act or otherwise significantly further the health protection objectives of this title. Funds authorized under this clause may be used to fund only voluntary, incentive-based mechanisms; (7) For loans to any water system to provide funding in accordance with section 1454(a)(1)(B)(i) of the federal act; (8) To provide assistance, including technical and financial assistance, to any water system as part of a capacity development strategy developed and implemented in accordance with section 1420(c) of the federal act; (9) To make expenditures from the capitalization grant for fiscal years 1996 and 1997 to delineate and assess source water protection areas for water systems in accordance with section 1453 of the federal act, except that funds set aside for such expenditure shall be obligated within four (4) fiscal years; (10) To make expenditures from the fund for the establishment and implementation of wellhead protection programs for water systems under section 1428 of the federal act; and (11) For loans to privately owned for-profit community public water systems as provided in federal law pursuant to 40 CFR Part 35 ; provided, that: (A) No privately owned for-profit community public water systems shall be considered for loans with principal forgiveness under this program; (B) Privately owned for-profit community public water systems shall be categorized as one hundred percent (100%) ability to pay on the index established pursuant to § 68-221-1205 ; (C) A privately owned for-profit community public water system borrower shall have at least a debt/service coverage ratio of 1.25; (D) Privately owned for-profit community public water systems shall provide security determined by the Tennessee local development authority to be acceptable to secure a loan under this part; and (E) The Tennessee local development authority has the authority to direct a privately owned for-profit community public water system to the Tennessee public utility commission, created by § 65-1-101 , for compliance. (g) Loan funds may only be used for expenditures approved by the department. (h) The requirements of this section applicable to water systems applying for loans are deemed satisfied if any one of the entities jointly participating in the project being funded pursuant to the loan agreement satisfies the requirements. (i) (A) Notwithstanding any other provision of this part, in any case in which the state makes a loan pursuant to this part to a water system serving a disadvantaged community or a community that the state expects to become a disadvantaged community as the result of a proposed project, the state may provide additional subsidization, including forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt. (B) For purposes of this subsection (i), "disadvantaged community" means the service area of a water system that meets affordability criteria established pursuant to this part. Amended by 2023 Tenn. Acts, ch. 463, s 46, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 886, s 8, eff. 4/14/2022. Amended by 2022 Tenn. Acts, ch. 657, s 14, eff. 3/15/2022. Amended by 2021 Tenn. Acts, ch. 79, Secs.s 1, s 2 eff. 3/31/2021. Amended by 2020 Tenn. Acts, ch. 627, s 8, eff. 3/20/2020. Amended by 2015 Tenn. Acts, ch. 207, s 2, eff. 4/20/2015. Acts 1997 , ch. 483, § 7; 2002, ch. 603, §§ 8, 9; 2010 , ch. 751, § 3.
(a) Loans shall be made only to water systems that: (1) Are on the department's water system priority ranking list established pursuant to § 68-221-1205 ; (2) Use the funds only for expenditures that will facilitate compliance with the federal act and the state act or otherwise significantly further the public health protection objectives of those acts; (3) In the opinion of the authority, demonstrate technical, managerial, and financial capability to ensure compliance with the requirements of the federal act and the state act; provided, that systems without such current capability may receive loans if the owner or operator of the system agrees to undertake feasible and appropriate changes in operations as approved by the Tennessee board of utility regulation (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures) to ensure that the system has the technical, managerial, and financial capability to comply with the requirements of the state and federal acts over the long term; (4) Are not in significant noncompliance with the federal act or the state act unless the use of the assistance will ensure compliance; (5) (A) In the opinion of the authority, demonstrate sufficient revenues to operate and maintain the water system for its useful life and to repay the loan; (B) Pledge security as required by the authority for the repayment of the loan; (C) Agree to adjust periodically fees and charges for services of the water system in order that loan payments and costs of the water system 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 the loan payments and costs of the water system; (6) Agree to maintain financial records in accordance with governmental accounting standards and to conduct an annual audit of the system'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 system 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 system; and (7) Provide such assurances as are reasonably requested by the authority and the department.
(1) Are on the department's water system priority ranking list established pursuant to § 68-221-1205 ;
(2) Use the funds only for expenditures that will facilitate compliance with the federal act and the state act or otherwise significantly further the public health protection objectives of those acts;
(3) In the opinion of the authority, demonstrate technical, managerial, and financial capability to ensure compliance with the requirements of the federal act and the state act; provided, that systems without such current capability may receive loans if the owner or operator of the system agrees to undertake feasible and appropriate changes in operations as approved by the Tennessee board of utility regulation (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures) to ensure that the system has the technical, managerial, and financial capability to comply with the requirements of the state and federal acts over the long term;
(4) Are not in significant noncompliance with the federal act or the state act unless the use of the assistance will ensure compliance;
(5) (A) In the opinion of the authority, demonstrate sufficient revenues to operate and maintain the water system for its useful life and to repay the loan; (B) Pledge security as required by the authority for the repayment of the loan; (C) Agree to adjust periodically fees and charges for services of the water system in order that loan payments and costs of the water system 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 the loan payments and costs of the water system;
(A) In the opinion of the authority, demonstrate sufficient revenues to operate and maintain the water system for its useful life and to repay the loan;
(B) Pledge security as required by the authority for the repayment of the loan;
(C) Agree to adjust periodically fees and charges for services of the water system in order that loan payments and costs of the water system 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 the loan payments and costs of the water system;
(6) Agree to maintain financial records in accordance with governmental accounting standards and to conduct an annual audit of the system'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 system 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 system; and
(7) Provide such assurances as are reasonably requested by the authority and the department.
(b) Loan funds may not be used for the acquisition of real property or interests therein, unless the acquisition is integral to a project authorized by this section and the purchase is from a willing seller.
(c) Of the amount credited to the fund in any fiscal year, fifteen percent (15%) shall be available solely for providing loan assistance to water systems which regularly serve fewer than ten thousand (10,000) persons to the extent such funds can be obligated for eligible projects of water systems.
(d) The interest rate for each loan shall be less than or equal to the market interest rate, or the loan may be interest free.
(e) Principal and interest payments on each loan will commence not later than one (1) year after completion of the project for which the loan was made, and each loan will be fully amortized not later than thirty (30) years after the completion of the project, except that in the case of a disadvantaged community, as defined in subdivision (i)(2), the authority may provide an extended term for a loan, if the extended term: (1) Terminates not later than forty (40) years after the date of project completion; and (2) Does not exceed the expected design life of the project.
(1) Terminates not later than forty (40) years after the date of project completion; and
(2) Does not exceed the expected design life of the project.
(f) The drinking water revolving loan fund may also be used: (1) To buy or refinance the debt obligation of a municipality or an inter-municipal or interstate agency at an interest rate that is less than or equal to the market interest rate if the debt obligation was incurred after July 1, 1993; (2) To guarantee, or purchase insurance for, a local obligation (all of the proceeds of which finance a project eligible for assistance under this section) if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation; (3) As a source of revenue or security for the payment of principal and interest on debt of the authority, if the proceeds of the sale of the bonds will be deposited into the fund; (4) To earn interest on the amounts deposited into the fund; (5) For loans to any systems to acquire land or a conservation easement from a willing seller or grantor, if the purpose of the acquisition is to protect the source water of the system from contamination and to ensure compliance with national primary drinking water regulations; (6) For loans to any water system to implement local, voluntary source water protection measures to protect source water in areas delineated pursuant to section 1453 of the federal act, in order to facilitate compliance with national primary drinking water regulations applicable to the system under section 1412 of the federal act or otherwise significantly further the health protection objectives of this title. Funds authorized under this clause may be used to fund only voluntary, incentive-based mechanisms; (7) For loans to any water system to provide funding in accordance with section 1454(a)(1)(B)(i) of the federal act; (8) To provide assistance, including technical and financial assistance, to any water system as part of a capacity development strategy developed and implemented in accordance with section 1420(c) of the federal act; (9) To make expenditures from the capitalization grant for fiscal years 1996 and 1997 to delineate and assess source water protection areas for water systems in accordance with section 1453 of the federal act, except that funds set aside for such expenditure shall be obligated within four (4) fiscal years; (10) To make expenditures from the fund for the establishment and implementation of wellhead protection programs for water systems under section 1428 of the federal act; and (11) For loans to privately owned for-profit community public water systems as provided in federal law pursuant to 40 CFR Part 35 ; provided, that: (A) No privately owned for-profit community public water systems shall be considered for loans with principal forgiveness under this program; (B) Privately owned for-profit community public water systems shall be categorized as one hundred percent (100%) ability to pay on the index established pursuant to § 68-221-1205 ; (C) A privately owned for-profit community public water system borrower shall have at least a debt/service coverage ratio of 1.25; (D) Privately owned for-profit community public water systems shall provide security determined by the Tennessee local development authority to be acceptable to secure a loan under this part; and (E) The Tennessee local development authority has the authority to direct a privately owned for-profit community public water system to the Tennessee public utility commission, created by § 65-1-101 , for compliance.
(1) To buy or refinance the debt obligation of a municipality or an inter-municipal or interstate agency at an interest rate that is less than or equal to the market interest rate if the debt obligation was incurred after July 1, 1993;
(2) To guarantee, or purchase insurance for, a local obligation (all of the proceeds of which finance a project eligible for assistance under this section) if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation;
(3) As a source of revenue or security for the payment of principal and interest on debt of the authority, if the proceeds of the sale of the bonds will be deposited into the fund;
(4) To earn interest on the amounts deposited into the fund;
(5) For loans to any systems to acquire land or a conservation easement from a willing seller or grantor, if the purpose of the acquisition is to protect the source water of the system from contamination and to ensure compliance with national primary drinking water regulations;
(6) For loans to any water system to implement local, voluntary source water protection measures to protect source water in areas delineated pursuant to section 1453 of the federal act, in order to facilitate compliance with national primary drinking water regulations applicable to the system under section 1412 of the federal act or otherwise significantly further the health protection objectives of this title. Funds authorized under this clause may be used to fund only voluntary, incentive-based mechanisms;
(7) For loans to any water system to provide funding in accordance with section 1454(a)(1)(B)(i) of the federal act;
(8) To provide assistance, including technical and financial assistance, to any water system as part of a capacity development strategy developed and implemented in accordance with section 1420(c) of the federal act;
(9) To make expenditures from the capitalization grant for fiscal years 1996 and 1997 to delineate and assess source water protection areas for water systems in accordance with section 1453 of the federal act, except that funds set aside for such expenditure shall be obligated within four (4) fiscal years;
(10) To make expenditures from the fund for the establishment and implementation of wellhead protection programs for water systems under section 1428 of the federal act; and
(11) For loans to privately owned for-profit community public water systems as provided in federal law pursuant to 40 CFR Part 35 ; provided, that: (A) No privately owned for-profit community public water systems shall be considered for loans with principal forgiveness under this program; (B) Privately owned for-profit community public water systems shall be categorized as one hundred percent (100%) ability to pay on the index established pursuant to § 68-221-1205 ; (C) A privately owned for-profit community public water system borrower shall have at least a debt/service coverage ratio of 1.25; (D) Privately owned for-profit community public water systems shall provide security determined by the Tennessee local development authority to be acceptable to secure a loan under this part; and (E) The Tennessee local development authority has the authority to direct a privately owned for-profit community public water system to the Tennessee public utility commission, created by § 65-1-101 , for compliance.
(A) No privately owned for-profit community public water systems shall be considered for loans with principal forgiveness under this program;
(B) Privately owned for-profit community public water systems shall be categorized as one hundred percent (100%) ability to pay on the index established pursuant to § 68-221-1205 ;
(C) A privately owned for-profit community public water system borrower shall have at least a debt/service coverage ratio of 1.25;
(D) Privately owned for-profit community public water systems shall provide security determined by the Tennessee local development authority to be acceptable to secure a loan under this part; and
(E) The Tennessee local development authority has the authority to direct a privately owned for-profit community public water system to the Tennessee public utility commission, created by § 65-1-101 , for compliance.
(g) Loan funds may only be used for expenditures approved by the department.
(h) The requirements of this section applicable to water systems applying for loans are deemed satisfied if any one of the entities jointly participating in the project being funded pursuant to the loan agreement satisfies the requirements.
(i) (A) Notwithstanding any other provision of this part, in any case in which the state makes a loan pursuant to this part to a water system serving a disadvantaged community or a community that the state expects to become a disadvantaged community as the result of a proposed project, the state may provide additional subsidization, including forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt. (B) For purposes of this subsection (i), "disadvantaged community" means the service area of a water system that meets affordability criteria established pursuant to this part.
(A) Notwithstanding any other provision of this part, in any case in which the state makes a loan pursuant to this part to a water system serving a disadvantaged community or a community that the state expects to become a disadvantaged community as the result of a proposed project, the state may provide additional subsidization, including forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt.
(B) For purposes of this subsection (i), "disadvantaged community" means the service area of a water system that meets affordability criteria established pursuant to this part.
Amended by 2023 Tenn. Acts, ch. 463, s 46, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 886, s 8, eff. 4/14/2022.
Amended by 2022 Tenn. Acts, ch. 657, s 14, eff. 3/15/2022.
Amended by 2021 Tenn. Acts, ch. 79, Secs.s 1, s 2 eff. 3/31/2021.
Amended by 2020 Tenn. Acts, ch. 627, s 8, eff. 3/20/2020.
Amended by 2015 Tenn. Acts, ch. 207, s 2, eff. 4/20/2015.
Acts 1997 , ch. 483, § 7; 2002, ch. 603, §§ 8, 9; 2010 , ch. 751, § 3.
Tenn. Code Ann. § 68-221-1002 — TN Code / Title 68 / Chapter 221 / Section 68-221-1002
Purpose and intent
Status: in_force

(a) The purpose of this part is to: (1) Facilitate statewide compliance with state and federal water quality standards; (2) Provide local governments in the state with low-cost financial assistance relative to necessary wastewater facilities through the creation of a self-sustaining revolving loan program so as to improve and protect water quality and public health; and (3) Establish fiscal self-sufficiency of wastewater facilities. (b) It is intended that the revolving loan program be used in coordination with state and federal assistance programs. Acts 1987, ch. 299, § 2; T.C.A., § 68-13-1002.
(a) The purpose of this part is to: (1) Facilitate statewide compliance with state and federal water quality standards; (2) Provide local governments in the state with low-cost financial assistance relative to necessary wastewater facilities through the creation of a self-sustaining revolving loan program so as to improve and protect water quality and public health; and (3) Establish fiscal self-sufficiency of wastewater facilities.
(1) Facilitate statewide compliance with state and federal water quality standards;
(2) Provide local governments in the state with low-cost financial assistance relative to necessary wastewater facilities through the creation of a self-sustaining revolving loan program so as to improve and protect water quality and public health; and
(3) Establish fiscal self-sufficiency of wastewater facilities.
(b) It is intended that the revolving loan program be used in coordination with state and federal assistance programs.
Acts 1987, ch. 299, § 2; T.C.A., § 68-13-1002.
Tenn. Code Ann. § 68-215-108 — TN Code / Title 68 / Chapter 215 / Section 68-215-108
Proprietary information
Status: in_force

The board shall establish procedures to ensure that information supplied to the department as required by this chapter, and as defined as proprietary by regulation, is not revealed to any person, except as provided in this section. Proprietary information shall not include the name and address of the owner and/or operator of petroleum underground storage tanks. Proprietary information may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA), or any authorized representative of the commissioner or board in connection with the responsibilities of the department or board pursuant to this chapter or as necessary to comply with federal law. Acts 1988, ch. 984, § 10; T.C.A., § 68-53-108.
The board shall establish procedures to ensure that information supplied to the department as required by this chapter, and as defined as proprietary by regulation, is not revealed to any person, except as provided in this section. Proprietary information shall not include the name and address of the owner and/or operator of petroleum underground storage tanks. Proprietary information may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA), or any authorized representative of the commissioner or board in connection with the responsibilities of the department or board pursuant to this chapter or as necessary to comply with federal law.
Acts 1988, ch. 984, § 10; T.C.A., § 68-53-108.
Tenn. Code Ann. § 68-211-805 — TN Code / Title 68 / Chapter 211 / Section 68-211-805
Liberal construction
Status: in_force

This part is remedial in nature and shall be liberally construed to effect its purpose of providing for a systematic and efficient means of solid waste disposal and encouraging the best utilization and conservation of energy and natural resources. Acts 1991, ch. 451, § 82; T.C.A., § 68-31-805.
This part is remedial in nature and shall be liberally construed to effect its purpose of providing for a systematic and efficient means of solid waste disposal and encouraging the best utilization and conservation of energy and natural resources.
Acts 1991, ch. 451, § 82; T.C.A., § 68-31-805.
Tenn. Code Ann. § 68-202-506 — TN Code / Title 68 / Chapter 202 / Section 68-202-506
Civil and criminal penalties
Status: in_force

(a) Any person violating any of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, commits a Class C misdemeanor. Each day of continued violation constitutes a separate punishable offense. (b) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part, shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person shall also be liable for any damages to the state resulting from such violation. (1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner of environment and conservation or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner or the commissioner's designee for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations. (3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition. (c) Notwithstanding this or any other law to the contrary, a dentist who fails to timely register or reregister a Class I dental radiation machine, or a physician who fails to timely register a Class II medical radiation machine, and pay the required inspection/certification fee, shall not be fined in excess of an amount which equals five (5) times the inspection/certification fee owed, unless the circumstances of the case indicate that the failure was: (1) Willful and knowing; (2) Grossly negligent; or (3) A continuation of an established pattern of failure to timely register or reregister dental radiation machines. Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1989, ch, 591, § 113; T.C.A., § 68-23-506; Acts 1993, ch. 343, § 1.
(a) Any person violating any of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, commits a Class C misdemeanor. Each day of continued violation constitutes a separate punishable offense.
(b) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part, shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person shall also be liable for any damages to the state resulting from such violation. (1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner of environment and conservation or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner or the commissioner's designee for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations. (3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
(1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner of environment and conservation or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner or the commissioner's designee for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(A) The commissioner of environment and conservation or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law;
(B) Any person against whom an assessment has been issued may request a hearing before the commissioner or the commissioner's designee for a review of the assessment;
(C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final;
(D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and
(E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations.
(A) The harm or potential harm done to the public or the environment;
(B) The economic benefit gained by the violators;
(C) The amount of effort put forth by the violator to attain compliance;
(D) Any unusual or extraordinary enforcement cost incurred by the state; and
(E) The need for an economic deterrent from future violations.
(3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
(c) Notwithstanding this or any other law to the contrary, a dentist who fails to timely register or reregister a Class I dental radiation machine, or a physician who fails to timely register a Class II medical radiation machine, and pay the required inspection/certification fee, shall not be fined in excess of an amount which equals five (5) times the inspection/certification fee owed, unless the circumstances of the case indicate that the failure was: (1) Willful and knowing; (2) Grossly negligent; or (3) A continuation of an established pattern of failure to timely register or reregister dental radiation machines.
(1) Willful and knowing;
(2) Grossly negligent; or
(3) A continuation of an established pattern of failure to timely register or reregister dental radiation machines.
Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1989, ch, 591, § 113; T.C.A., § 68-23-506; Acts 1993, ch. 343, § 1.
Tenn. Code Ann. § 68-211-402 — TN Code / Title 68 / Chapter 211 / Section 68-211-402
Gasification facilities or pyrolysis facilities not solid waste processing facilities or incinerators
Status: in_force

(a) The following facilities are not solid waste processing facilities or incinerators: (1) Gasification facilities; and (2) Pyrolysis facilities. (b) The following materials are not solid waste: (1) Post-use polymers; and (2) Recoverable feedstocks. (c) This part does not affect the application of any other chapter in this title or in title 69 to gasification facilities or pyrolysis facilities. Added by 2019 Tenn. Acts, ch. 181,s 1, eff. 4/23/2019.
(a) The following facilities are not solid waste processing facilities or incinerators: (1) Gasification facilities; and (2) Pyrolysis facilities.
(1) Gasification facilities; and
(2) Pyrolysis facilities.
(b) The following materials are not solid waste: (1) Post-use polymers; and (2) Recoverable feedstocks.
(1) Post-use polymers; and
(2) Recoverable feedstocks.
(c) This part does not affect the application of any other chapter in this title or in title 69 to gasification facilities or pyrolysis facilities.
Added by 2019 Tenn. Acts, ch. 181,s 1, eff. 4/23/2019.
Tenn. Code Ann. § 68-217-107 — TN Code / Title 68 / Chapter 217 / Section 68-217-107
Reimbursement from fund
Status: in_force

(a) An owner or operator of a drycleaning facility, or in-state wholesale distribution facility, the current or prior owner or operator of an abandoned drycleaning facility, or an impacted third party may seek reimbursement from the fund for response costs above the applicable deductible set forth in § 68-217-106(k) incurred in connection with a release from a drycleaning facility, in-state wholesale distribution facility or abandoned drycleaning facility in accordance with regulations established by the commissioner. (b) The commissioner may not authorize the expenditure of funds from the fund in excess of two hundred thousand dollars ($200,000) per year for releases from any individual drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, nor authorize a distribution of monies from the fund that would result in a diminution of the fund below a balance of one hundred thousand dollars ($100,000) unless an emergency exists at a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility that constitutes an imminent and substantial threat to human health or the environment. In the event of an emergency as described in this subsection (b), the commissioner shall approve the reimbursement of reasonable response costs to remove the imminent and substantial threat to human health or the environment. (c) The commissioner shall not authorize distribution of fund monies to: (1) Sites that are contaminated by solvents normally used in drycleaning operations where the contamination at such sites did not result from the operation of a drycleaning facility, abandoned drycleaning facility, or an in-state wholesale distribution facility; (2) Sites that are not drycleaning facilities, in-state wholesale distribution facilities, or abandoned drycleaning facilities, that are contaminated by a release that results from drycleaning solvents being transported to or from a drycleaning facility or in-state distribution facility; or (3) Any property contaminated by a release from a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, that has been identified by the United States environmental protection agency (EPA) as a federal superfund site pursuant to 40 CFR Part 300 et seq., except that the commissioner may authorize distribution of the required state match up to two hundred thousand dollars ($200,000) per year per site; or (4) Any drycleaning facility which has obtained a permit pursuant to the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.). Amended by 2014 Tenn. Acts, ch. 976,s 9, eff. 5/22/2014. Acts 1995, ch. 541, § 7.
(a) An owner or operator of a drycleaning facility, or in-state wholesale distribution facility, the current or prior owner or operator of an abandoned drycleaning facility, or an impacted third party may seek reimbursement from the fund for response costs above the applicable deductible set forth in § 68-217-106(k) incurred in connection with a release from a drycleaning facility, in-state wholesale distribution facility or abandoned drycleaning facility in accordance with regulations established by the commissioner.
(b) The commissioner may not authorize the expenditure of funds from the fund in excess of two hundred thousand dollars ($200,000) per year for releases from any individual drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, nor authorize a distribution of monies from the fund that would result in a diminution of the fund below a balance of one hundred thousand dollars ($100,000) unless an emergency exists at a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility that constitutes an imminent and substantial threat to human health or the environment. In the event of an emergency as described in this subsection (b), the commissioner shall approve the reimbursement of reasonable response costs to remove the imminent and substantial threat to human health or the environment.
(c) The commissioner shall not authorize distribution of fund monies to: (1) Sites that are contaminated by solvents normally used in drycleaning operations where the contamination at such sites did not result from the operation of a drycleaning facility, abandoned drycleaning facility, or an in-state wholesale distribution facility; (2) Sites that are not drycleaning facilities, in-state wholesale distribution facilities, or abandoned drycleaning facilities, that are contaminated by a release that results from drycleaning solvents being transported to or from a drycleaning facility or in-state distribution facility; or (3) Any property contaminated by a release from a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, that has been identified by the United States environmental protection agency (EPA) as a federal superfund site pursuant to 40 CFR Part 300 et seq., except that the commissioner may authorize distribution of the required state match up to two hundred thousand dollars ($200,000) per year per site; or (4) Any drycleaning facility which has obtained a permit pursuant to the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.).
(1) Sites that are contaminated by solvents normally used in drycleaning operations where the contamination at such sites did not result from the operation of a drycleaning facility, abandoned drycleaning facility, or an in-state wholesale distribution facility;
(2) Sites that are not drycleaning facilities, in-state wholesale distribution facilities, or abandoned drycleaning facilities, that are contaminated by a release that results from drycleaning solvents being transported to or from a drycleaning facility or in-state distribution facility; or
(3) Any property contaminated by a release from a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, that has been identified by the United States environmental protection agency (EPA) as a federal superfund site pursuant to 40 CFR Part 300 et seq., except that the commissioner may authorize distribution of the required state match up to two hundred thousand dollars ($200,000) per year per site; or
(4) Any drycleaning facility which has obtained a permit pursuant to the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.).
Amended by 2014 Tenn. Acts, ch. 976,s 9, eff. 5/22/2014.
Acts 1995, ch. 541, § 7.
Tenn. Code Ann. § 68-211-815 — TN Code / Title 68 / Chapter 211 / Section 68-211-815
Municipal solid waste region plans - Contents
Status: in_force

(a) Each plan and revised plan submitted by a municipal solid waste region pursuant to this part shall be consistent with the state solid waste plan, with this part, with all other applicable law and with any regulation promulgated by the department. (b) At a minimum, each plan and revised plan submitted by a municipal solid waste region shall include the following: (1) Demographic information; (2) A current system analysis of: (A) Waste streams, including data concerning types and amounts generated; (B) Collection capability, including data detailing the different types of collection systems and the populations and areas which receive and do not receive such services; (C) Disposal capability, including an analysis of the remaining life expectancy of landfills or other disposal facilities; (D) Costs, using a full-cost accounting model developed by the commissioner, including costs of collection, disposal, maintenance, contracts and other costs; and (E) Revenues, including cost reimbursement fees, appropriations and other revenue sources; (3) Adoption of the uniform financial accounting system required by § 68-211-874 ; (4) Anticipated growth trends for the next ten-year period; (5) Anticipated waste capacity needs; (6) Planned capacity assurance, including descriptions of planned or needed facilities; (7) A recycling plan, including a description of current public and private recycling efforts and planned efforts to enhance recycling within the county or region; (8) A plan for the disposal of household hazardous wastes; (9) Adoption of uniform reporting requirements as required by this part; (10) A description of waste reduction and recycling activities designed to attain the goal required by § 68-211-861 ; (11) A description of education initiatives aimed at businesses, industries, schools, citizens and others, which addresses recycling, waste reduction, collection and other goals of this part; (12) An evaluation of multi-county solid waste disposal region options with an explanation of the reasons for adopting or failing to adopt a multi-county regional approach; (13) A timetable for implementation of the plan; (14) A description of the responsibilities of the various participating jurisdictions; (15) A certification from the region's title 68, chapter 211, part 9 solid waste authority, if such an authority has been formed, or if no such authority has been formed, the county legislative body of each county in the region that they have reviewed and approved of the region's plan and/or revised plan; (16) A plan for managing solid waste generated as a result of disasters or emergencies; and (17) Any other information as the commissioner may deem relevant to the implementation of this part. Acts 1991, ch. 451, § 14; T.C.A., § 68-31-815; Acts 1995, ch. 501, § 3; 1996, ch. 846, §§ 19-22; 2007 , ch. 462, §§ 2, 3.
(a) Each plan and revised plan submitted by a municipal solid waste region pursuant to this part shall be consistent with the state solid waste plan, with this part, with all other applicable law and with any regulation promulgated by the department.
(b) At a minimum, each plan and revised plan submitted by a municipal solid waste region shall include the following: (1) Demographic information; (2) A current system analysis of: (A) Waste streams, including data concerning types and amounts generated; (B) Collection capability, including data detailing the different types of collection systems and the populations and areas which receive and do not receive such services; (C) Disposal capability, including an analysis of the remaining life expectancy of landfills or other disposal facilities; (D) Costs, using a full-cost accounting model developed by the commissioner, including costs of collection, disposal, maintenance, contracts and other costs; and (E) Revenues, including cost reimbursement fees, appropriations and other revenue sources; (3) Adoption of the uniform financial accounting system required by § 68-211-874 ; (4) Anticipated growth trends for the next ten-year period; (5) Anticipated waste capacity needs; (6) Planned capacity assurance, including descriptions of planned or needed facilities; (7) A recycling plan, including a description of current public and private recycling efforts and planned efforts to enhance recycling within the county or region; (8) A plan for the disposal of household hazardous wastes; (9) Adoption of uniform reporting requirements as required by this part; (10) A description of waste reduction and recycling activities designed to attain the goal required by § 68-211-861 ; (11) A description of education initiatives aimed at businesses, industries, schools, citizens and others, which addresses recycling, waste reduction, collection and other goals of this part; (12) An evaluation of multi-county solid waste disposal region options with an explanation of the reasons for adopting or failing to adopt a multi-county regional approach; (13) A timetable for implementation of the plan; (14) A description of the responsibilities of the various participating jurisdictions; (15) A certification from the region's title 68, chapter 211, part 9 solid waste authority, if such an authority has been formed, or if no such authority has been formed, the county legislative body of each county in the region that they have reviewed and approved of the region's plan and/or revised plan; (16) A plan for managing solid waste generated as a result of disasters or emergencies; and (17) Any other information as the commissioner may deem relevant to the implementation of this part.
(1) Demographic information;
(2) A current system analysis of: (A) Waste streams, including data concerning types and amounts generated; (B) Collection capability, including data detailing the different types of collection systems and the populations and areas which receive and do not receive such services; (C) Disposal capability, including an analysis of the remaining life expectancy of landfills or other disposal facilities; (D) Costs, using a full-cost accounting model developed by the commissioner, including costs of collection, disposal, maintenance, contracts and other costs; and (E) Revenues, including cost reimbursement fees, appropriations and other revenue sources;
(A) Waste streams, including data concerning types and amounts generated;
(B) Collection capability, including data detailing the different types of collection systems and the populations and areas which receive and do not receive such services;
(C) Disposal capability, including an analysis of the remaining life expectancy of landfills or other disposal facilities;
(D) Costs, using a full-cost accounting model developed by the commissioner, including costs of collection, disposal, maintenance, contracts and other costs; and
(E) Revenues, including cost reimbursement fees, appropriations and other revenue sources;
(3) Adoption of the uniform financial accounting system required by § 68-211-874 ;
(4) Anticipated growth trends for the next ten-year period;
(5) Anticipated waste capacity needs;
(6) Planned capacity assurance, including descriptions of planned or needed facilities;
(7) A recycling plan, including a description of current public and private recycling efforts and planned efforts to enhance recycling within the county or region;
(8) A plan for the disposal of household hazardous wastes;
(9) Adoption of uniform reporting requirements as required by this part;
(10) A description of waste reduction and recycling activities designed to attain the goal required by § 68-211-861 ;
(11) A description of education initiatives aimed at businesses, industries, schools, citizens and others, which addresses recycling, waste reduction, collection and other goals of this part;
(12) An evaluation of multi-county solid waste disposal region options with an explanation of the reasons for adopting or failing to adopt a multi-county regional approach;
(13) A timetable for implementation of the plan;
(14) A description of the responsibilities of the various participating jurisdictions;
(15) A certification from the region's title 68, chapter 211, part 9 solid waste authority, if such an authority has been formed, or if no such authority has been formed, the county legislative body of each county in the region that they have reviewed and approved of the region's plan and/or revised plan;
(16) A plan for managing solid waste generated as a result of disasters or emergencies; and
(17) Any other information as the commissioner may deem relevant to the implementation of this part.
Acts 1991, ch. 451, § 14; T.C.A., § 68-31-815; Acts 1995, ch. 501, § 3; 1996, ch. 846, §§ 19-22; 2007 , ch. 462, §§ 2, 3.
Tenn. Code Ann. § 68-221-1001 — TN Code / Title 68 / Chapter 221 / Section 68-221-1001
Short title
Status: in_force

This part shall be known and may be cited as the "Wastewater Facilities Act of 1987." Acts 1987, ch. 299, § 1; T.C.A., § 68-13-1001.
This part shall be known and may be cited as the "Wastewater Facilities Act of 1987."
Acts 1987, ch. 299, § 1; T.C.A., § 68-13-1001.
Tenn. Code Ann. § 68-221-802 — TN Code / Title 68 / Chapter 221 / Section 68-221-802
Purposes
Status: in_force

(a) Recognizing that the state has a very strong interest in both the growth of the economy and the protection of the waters of the state, it is the purpose of this part to financially assist local government to construct wastewater treatment works. (b) It is further intended that the grants provided for in this part shall be coordinated with other state and federal programs of loans or grants for construction of wastewater treatment works. (c) It is also the purpose of this part to encourage the use of appropriate technologies, the experimentation with new technologies, and the development of adequate local user rate structures. Acts 1984, ch. 768, § 2; T.C.A. § 68-13-802.
(a) Recognizing that the state has a very strong interest in both the growth of the economy and the protection of the waters of the state, it is the purpose of this part to financially assist local government to construct wastewater treatment works.
(b) It is further intended that the grants provided for in this part shall be coordinated with other state and federal programs of loans or grants for construction of wastewater treatment works.
(c) It is also the purpose of this part to encourage the use of appropriate technologies, the experimentation with new technologies, and the development of adequate local user rate structures.
Acts 1984, ch. 768, § 2; T.C.A. § 68-13-802.
Tenn. Code Ann. § 68-211-921 — TN Code / Title 68 / Chapter 211 / Section 68-211-921
Execution of written instruments by authorities
Status: in_force

Except as otherwise provided in this chapter, all leases, contracts, deeds of conveyance, or instruments in writing executed by the authority shall be executed in the name of the authority by the chair and secretary of the authority, or by such other officers as the board of directors, by resolution, may direct, and the seal of the authority shall be affixed thereto. Acts 1991, ch. 451, § 78; T.C.A., § 68-31-921.
Except as otherwise provided in this chapter, all leases, contracts, deeds of conveyance, or instruments in writing executed by the authority shall be executed in the name of the authority by the chair and secretary of the authority, or by such other officers as the board of directors, by resolution, may direct, and the seal of the authority shall be affixed thereto.
Acts 1991, ch. 451, § 78; T.C.A., § 68-31-921.
Tenn. Code Ann. § 68-212-306 — TN Code / Title 68 / Chapter 212 / Section 68-212-306
Annual progress report
Status: in_force

(a) All generators shall annually review their waste reduction plan and complete a hazardous waste reduction progress report which shall: (1) Analyze and quantify progress made, if any, in hazardous waste reduction, relative to each performance goal established under § 68-212-305(b) ; and (2) Set forth amendments, if needed, to the hazardous waste reduction plan and explain the need for the amendments. (b) Except for the information reported to the department under § 68-212-308 , the annual progress report shall be retained at the facility and shall not be considered a public record under title 10, chapter 7, part 5. However, the generator shall permit any officer, employee or representative of the department at all reasonable times to have access to the annual progress report. Acts 1990, ch. 754, § 7; T.C.A., § 68-46-306; Acts 2007 , ch. 362, § 32.
(a) All generators shall annually review their waste reduction plan and complete a hazardous waste reduction progress report which shall: (1) Analyze and quantify progress made, if any, in hazardous waste reduction, relative to each performance goal established under § 68-212-305(b) ; and (2) Set forth amendments, if needed, to the hazardous waste reduction plan and explain the need for the amendments.
(1) Analyze and quantify progress made, if any, in hazardous waste reduction, relative to each performance goal established under § 68-212-305(b) ; and
(2) Set forth amendments, if needed, to the hazardous waste reduction plan and explain the need for the amendments.
(b) Except for the information reported to the department under § 68-212-308 , the annual progress report shall be retained at the facility and shall not be considered a public record under title 10, chapter 7, part 5. However, the generator shall permit any officer, employee or representative of the department at all reasonable times to have access to the annual progress report.
Acts 1990, ch. 754, § 7; T.C.A., § 68-46-306; Acts 2007 , ch. 362, § 32.
Tenn. Code Ann. § 68-217-113 — TN Code / Title 68 / Chapter 217 / Section 68-217-113
State and local permits - Exceptions
Status: in_force

No state or local permits shall be required for activities that are conducted: (1) As part of a response or remedial action overseen by the department pursuant to this chapter; (2) Entirely on-site; and (3) In accordance with this part; provided, that such activities meet all standards that would apply if such permits were required. Amended by 2014 Tenn. Acts, ch. 976,s 13, eff. 5/22/2014. Acts 2002, ch. 598, § 8.
No state or local permits shall be required for activities that are conducted:
(1) As part of a response or remedial action overseen by the department pursuant to this chapter;
(2) Entirely on-site; and
(3) In accordance with this part; provided, that such activities meet all standards that would apply if such permits were required.
provided, that such activities meet all standards that would apply if such permits were required.
Amended by 2014 Tenn. Acts, ch. 976,s 13, eff. 5/22/2014.
Acts 2002, ch. 598, § 8.
Tenn. Code Ann. § 68-211-602 — TN Code / Title 68 / Chapter 211 / Section 68-211-602
Purpose
Status: in_force

(a) The general assembly finds that the public health, safety and welfare require comprehensive planning for the disposal of solid waste on a local, regional and state level. The general assembly further finds that whenever economically and technically feasible, solid waste should be reduced at the source or recycled, consistent with market demand for recyclable materials, to decrease the volume of waste which must be disposed of by incineration or landfilling. (b) The general assembly further finds that some areas of the state have inadequate and rapidly diminishing capacity for disposal of solid waste by landfilling. It is also becoming difficult for many local governments to site and pay for new landfills which comply with existing and proposed environmental regulations. Therefore, the removal of certain materials from the solid waste stream by mulching, composting, recycling, and waste-to-energy incineration (resource recovery) will substantially lessen our dependence on landfills as a means of disposing of solid waste, aid in the conservation and recovery of valuable resources, conserve energy in the process, increase the supply of reusable materials, and reduce substantially the required capacity of resource recovery facilities and contribute to their overall combustion efficiency, thereby resulting in significant cost savings in the planning, construction, and operation of these facilities. (c) The general assembly therefore declares that to protect the public health, safety and welfare from the short-term and long-term dangers of transportation, processing, treatment, storage and disposal of solid waste, it is advisable to develop a regional planning process to facilitate the safe and responsible disposal of such waste. The general assembly further declares that such planning should promote the use of private enterprise, whenever feasible, to accomplish the objectives of an effective, comprehensive solid waste management plan which will facilitate economic and industrial development through the improvement of the solid waste infrastructure. Acts 1989, ch. 250, § 2; T.C.A., § 68-31-602.
(a) The general assembly finds that the public health, safety and welfare require comprehensive planning for the disposal of solid waste on a local, regional and state level. The general assembly further finds that whenever economically and technically feasible, solid waste should be reduced at the source or recycled, consistent with market demand for recyclable materials, to decrease the volume of waste which must be disposed of by incineration or landfilling.
(b) The general assembly further finds that some areas of the state have inadequate and rapidly diminishing capacity for disposal of solid waste by landfilling. It is also becoming difficult for many local governments to site and pay for new landfills which comply with existing and proposed environmental regulations. Therefore, the removal of certain materials from the solid waste stream by mulching, composting, recycling, and waste-to-energy incineration (resource recovery) will substantially lessen our dependence on landfills as a means of disposing of solid waste, aid in the conservation and recovery of valuable resources, conserve energy in the process, increase the supply of reusable materials, and reduce substantially the required capacity of resource recovery facilities and contribute to their overall combustion efficiency, thereby resulting in significant cost savings in the planning, construction, and operation of these facilities.
(c) The general assembly therefore declares that to protect the public health, safety and welfare from the short-term and long-term dangers of transportation, processing, treatment, storage and disposal of solid waste, it is advisable to develop a regional planning process to facilitate the safe and responsible disposal of such waste. The general assembly further declares that such planning should promote the use of private enterprise, whenever feasible, to accomplish the objectives of an effective, comprehensive solid waste management plan which will facilitate economic and industrial development through the improvement of the solid waste infrastructure.
Acts 1989, ch. 250, § 2; T.C.A., § 68-31-602.
Tenn. Code Ann. § 68-221-406 — TN Code / Title 68 / Chapter 221 / Section 68-221-406
Unlawful acts
Status: in_force

(a) It is unlawful for any person to: (1) Begin construction or construct any house or establishment, mobile or permanent, to be served by a subsurface sewage disposal system prior to approval of plans for the proposed location of the house or establishment and location of disposal system on the lot and approval of the specific lot as to its suitability for construction of the subsurface sewage disposal system by the commissioner; (2) Begin construction or construct any house or establishment, mobile or permanent, in a subdivision until the subdivision plans have been approved by the commissioner; (3) Construct, alter, extend or repair subsurface sewage disposal systems prior to securing a permit from the commissioner; (4) Construct, alter, extend or repair subsurface sewage disposal systems in violation of the permit; (5) Engage in the business of removing accumulated wastes from subsurface sewage disposal systems unless a permit has been secured from the commissioner; (6) Engage in the business of removing wastes from subsurface sewage disposal systems and dispose of such wastes in any place and manner that do not meet the approval of the commissioner; (7) Dispose of sewage or effluent from a subsurface sewage disposal system into any existing or abandoned well or well dug or drilled for that purpose, caves, sinkholes, ditches, streams or surface of the ground; or (8) Engage in the business of constructing, altering, extending or repairing subsurface sewage disposal systems prior to securing a permit for such business from the commissioner. (b) Notwithstanding any provision of this part to the contrary, if the department is unable to inspect a subsurface sewage disposal system which requires repair within four (4) business days of notification to the department that a repair is necessary, then the person notifying the department may proceed with such repair as though the department had made its inspection and approved the repair. The department shall give priority in inspection of subsurface sewage disposal systems to repair of such systems over issuance of permits for new construction for installation of such systems. Acts 1973, ch. 188, § 6; T.C.A., § 53-2047; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-406; Acts 1997 , ch. 293, § 1.
(a) It is unlawful for any person to: (1) Begin construction or construct any house or establishment, mobile or permanent, to be served by a subsurface sewage disposal system prior to approval of plans for the proposed location of the house or establishment and location of disposal system on the lot and approval of the specific lot as to its suitability for construction of the subsurface sewage disposal system by the commissioner; (2) Begin construction or construct any house or establishment, mobile or permanent, in a subdivision until the subdivision plans have been approved by the commissioner; (3) Construct, alter, extend or repair subsurface sewage disposal systems prior to securing a permit from the commissioner; (4) Construct, alter, extend or repair subsurface sewage disposal systems in violation of the permit; (5) Engage in the business of removing accumulated wastes from subsurface sewage disposal systems unless a permit has been secured from the commissioner; (6) Engage in the business of removing wastes from subsurface sewage disposal systems and dispose of such wastes in any place and manner that do not meet the approval of the commissioner; (7) Dispose of sewage or effluent from a subsurface sewage disposal system into any existing or abandoned well or well dug or drilled for that purpose, caves, sinkholes, ditches, streams or surface of the ground; or (8) Engage in the business of constructing, altering, extending or repairing subsurface sewage disposal systems prior to securing a permit for such business from the commissioner.
(1) Begin construction or construct any house or establishment, mobile or permanent, to be served by a subsurface sewage disposal system prior to approval of plans for the proposed location of the house or establishment and location of disposal system on the lot and approval of the specific lot as to its suitability for construction of the subsurface sewage disposal system by the commissioner;
(2) Begin construction or construct any house or establishment, mobile or permanent, in a subdivision until the subdivision plans have been approved by the commissioner;
(3) Construct, alter, extend or repair subsurface sewage disposal systems prior to securing a permit from the commissioner;
(4) Construct, alter, extend or repair subsurface sewage disposal systems in violation of the permit;
(5) Engage in the business of removing accumulated wastes from subsurface sewage disposal systems unless a permit has been secured from the commissioner;
(6) Engage in the business of removing wastes from subsurface sewage disposal systems and dispose of such wastes in any place and manner that do not meet the approval of the commissioner;
(7) Dispose of sewage or effluent from a subsurface sewage disposal system into any existing or abandoned well or well dug or drilled for that purpose, caves, sinkholes, ditches, streams or surface of the ground; or
(8) Engage in the business of constructing, altering, extending or repairing subsurface sewage disposal systems prior to securing a permit for such business from the commissioner.
(b) Notwithstanding any provision of this part to the contrary, if the department is unable to inspect a subsurface sewage disposal system which requires repair within four (4) business days of notification to the department that a repair is necessary, then the person notifying the department may proceed with such repair as though the department had made its inspection and approved the repair. The department shall give priority in inspection of subsurface sewage disposal systems to repair of such systems over issuance of permits for new construction for installation of such systems.
Acts 1973, ch. 188, § 6; T.C.A., § 53-2047; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-406; Acts 1997 , ch. 293, § 1.
Tenn. Code Ann. § 68-211-102 — TN Code / Title 68 / Chapter 211 / Section 68-211-102
Public policy
Status: in_force

(a) In order to protect the public health, safety and welfare, prevent the spread of disease and creation of nuisances, conserve our natural resources, enhance the beauty and quality of our environment and provide a coordinated statewide solid waste disposal program, it is declared to be the public policy of the state of Tennessee to regulate solid waste disposal to: (1) Provide for safe and sanitary processing and disposal of solid wastes; (2) Develop long-range plans for adequate solid waste disposal systems to meet future demands; (3) Provide a coordinated statewide program of control of solid waste processing and disposal in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and (4) Encourage efficient and economical solid waste disposal systems. (b) The general assembly declares that it is the policy of this state to ensure that no hazardous waste, as regulated under chapter 212 of this title, is disposed of in a solid waste disposal facility. Therefore, subject to the appropriation of funds in the general appropriations act for such purposes, the department shall develop an inspection program for all permitted facilities, including landfills and processing facilities, that provides for frequent, thorough and regular inspections. Further, subject to the appropriation of funds in the general appropriations act for such purposes, the department shall inspect waste streams, baled waste and special waste generators and transporters to prevent the introduction of hazardous waste into solid waste disposal facilities. Acts 1969, ch. 295, § 2; T.C.A., § 53-4302; Acts 1991, ch. 451, § 5; T.C.A., § 68-31-102.
(a) In order to protect the public health, safety and welfare, prevent the spread of disease and creation of nuisances, conserve our natural resources, enhance the beauty and quality of our environment and provide a coordinated statewide solid waste disposal program, it is declared to be the public policy of the state of Tennessee to regulate solid waste disposal to: (1) Provide for safe and sanitary processing and disposal of solid wastes; (2) Develop long-range plans for adequate solid waste disposal systems to meet future demands; (3) Provide a coordinated statewide program of control of solid waste processing and disposal in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and (4) Encourage efficient and economical solid waste disposal systems.
(1) Provide for safe and sanitary processing and disposal of solid wastes;
(2) Develop long-range plans for adequate solid waste disposal systems to meet future demands;
(3) Provide a coordinated statewide program of control of solid waste processing and disposal in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and
(4) Encourage efficient and economical solid waste disposal systems.
(b) The general assembly declares that it is the policy of this state to ensure that no hazardous waste, as regulated under chapter 212 of this title, is disposed of in a solid waste disposal facility. Therefore, subject to the appropriation of funds in the general appropriations act for such purposes, the department shall develop an inspection program for all permitted facilities, including landfills and processing facilities, that provides for frequent, thorough and regular inspections. Further, subject to the appropriation of funds in the general appropriations act for such purposes, the department shall inspect waste streams, baled waste and special waste generators and transporters to prevent the introduction of hazardous waste into solid waste disposal facilities.
Acts 1969, ch. 295, § 2; T.C.A., § 53-4302; Acts 1991, ch. 451, § 5; T.C.A., § 68-31-102.
Tenn. Code Ann. § 68-221-1304 — TN Code / Title 68 / Chapter 221 / Section 68-221-1304
Creation of authority - Resolution - Petition - Order of approval or disapproval - Hearing - Resolution or ordinance - Agreement for transfer
Status: in_force

(a) Any contiguous city, metropolitan, or county government or utility district may create a water or wastewater treatment authority in the manner provided for in this part. (b) (1) The governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval. The petition must include: (A) A statement of the service the proposed authority will provide and the necessity of that service; (B) The proposed corporate name and boundaries of the authority's service area; (C) A statement explaining why existing utility districts, treatment authorities, or municipal or county services cannot adequately provide the needed service because of cost, time, or other service delivery factors; and (D) An estimate of: (i) The costs of the acquisition or construction of the facility; (ii) The cost of operating the proposed facility; (iii) Anticipated personnel needs; and (iv) The rates and charges for the proposed service. (2) An estimate pursuant to subdivision (b)(1)(D)(i) is not a limitation on the financing of improvements or extensions of a facility. (3) A majority of the governing body of the creating governmental entity and its executive officer must sign the petition. (4) The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer. (c) (1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the incorporation of the authority within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative. (2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the creating governmental entity and its executive officer. (3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body of the creating governmental entity and its executive officer. (4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. Petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions. (d) (1) If the Tennessee board of utility regulation approves a petition under subdivision (c)(1), or fails to act on a petition under subdivision (c)(3), then the governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority. (2) The creating governmental entity shall publish notice of the date, time, place, and purpose of the hearing at least once each week for two (2) consecutive weeks in a newspaper of general circulation, the last publication occurring at least one (1) week prior to the date of the hearing. (e) The hearing will be before the governing body and all interested persons shall have an opportunity to be heard. (f) (1) If the governing body determines, after a hearing, that the public convenience and necessity require the creation of an authority, then the governing body shall adopt, and its executive officer shall approve, a resolution or an ordinance so declaring and creating an authority. (2) A resolution or ordinance under subdivision (f)(1) must designate the name and principal office address of the authority. (3) A governing body shall file a certified copy of the resolution or ordinance with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 68-221-1305 . The authority constitutes a body politic and corporate upon adoption and filing. (g) (1) A creating governmental entity and a participating governmental entity shall enter into an agreement with the authority for the orderly transfer to the authority of the treatment works' properties, functions, service area, and outstanding obligations. (2) The agreement may include provisions for the reimbursement of any governmental entity for its obligations issued for treatment works. Amended by 2023 Tenn. Acts, ch. 463, s 47, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 720, s 5, eff. 6/22/2020. Acts 2007 , ch. 250, § 1.
(a) Any contiguous city, metropolitan, or county government or utility district may create a water or wastewater treatment authority in the manner provided for in this part.
(b) (1) The governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval. The petition must include: (A) A statement of the service the proposed authority will provide and the necessity of that service; (B) The proposed corporate name and boundaries of the authority's service area; (C) A statement explaining why existing utility districts, treatment authorities, or municipal or county services cannot adequately provide the needed service because of cost, time, or other service delivery factors; and (D) An estimate of: (i) The costs of the acquisition or construction of the facility; (ii) The cost of operating the proposed facility; (iii) Anticipated personnel needs; and (iv) The rates and charges for the proposed service. (2) An estimate pursuant to subdivision (b)(1)(D)(i) is not a limitation on the financing of improvements or extensions of a facility. (3) A majority of the governing body of the creating governmental entity and its executive officer must sign the petition. (4) The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer.
(1) The governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval. The petition must include: (A) A statement of the service the proposed authority will provide and the necessity of that service; (B) The proposed corporate name and boundaries of the authority's service area; (C) A statement explaining why existing utility districts, treatment authorities, or municipal or county services cannot adequately provide the needed service because of cost, time, or other service delivery factors; and (D) An estimate of: (i) The costs of the acquisition or construction of the facility; (ii) The cost of operating the proposed facility; (iii) Anticipated personnel needs; and (iv) The rates and charges for the proposed service.
(A) A statement of the service the proposed authority will provide and the necessity of that service;
(B) The proposed corporate name and boundaries of the authority's service area;
(C) A statement explaining why existing utility districts, treatment authorities, or municipal or county services cannot adequately provide the needed service because of cost, time, or other service delivery factors; and
(D) An estimate of: (i) The costs of the acquisition or construction of the facility; (ii) The cost of operating the proposed facility; (iii) Anticipated personnel needs; and (iv) The rates and charges for the proposed service.
(i) The costs of the acquisition or construction of the facility;
(ii) The cost of operating the proposed facility;
(iii) Anticipated personnel needs; and
(iv) The rates and charges for the proposed service.
(2) An estimate pursuant to subdivision (b)(1)(D)(i) is not a limitation on the financing of improvements or extensions of a facility.
(3) A majority of the governing body of the creating governmental entity and its executive officer must sign the petition.
(4) The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer.
(c) (1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the incorporation of the authority within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative. (2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the creating governmental entity and its executive officer. (3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body of the creating governmental entity and its executive officer. (4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. Petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions.
(1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the incorporation of the authority within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative.
(2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the creating governmental entity and its executive officer.
(3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body of the creating governmental entity and its executive officer.
(4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. Petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions.
(d) (1) If the Tennessee board of utility regulation approves a petition under subdivision (c)(1), or fails to act on a petition under subdivision (c)(3), then the governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority. (2) The creating governmental entity shall publish notice of the date, time, place, and purpose of the hearing at least once each week for two (2) consecutive weeks in a newspaper of general circulation, the last publication occurring at least one (1) week prior to the date of the hearing.
(1) If the Tennessee board of utility regulation approves a petition under subdivision (c)(1), or fails to act on a petition under subdivision (c)(3), then the governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority.
(2) The creating governmental entity shall publish notice of the date, time, place, and purpose of the hearing at least once each week for two (2) consecutive weeks in a newspaper of general circulation, the last publication occurring at least one (1) week prior to the date of the hearing.
(e) The hearing will be before the governing body and all interested persons shall have an opportunity to be heard.
(f) (1) If the governing body determines, after a hearing, that the public convenience and necessity require the creation of an authority, then the governing body shall adopt, and its executive officer shall approve, a resolution or an ordinance so declaring and creating an authority. (2) A resolution or ordinance under subdivision (f)(1) must designate the name and principal office address of the authority. (3) A governing body shall file a certified copy of the resolution or ordinance with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 68-221-1305 . The authority constitutes a body politic and corporate upon adoption and filing.
(1) If the governing body determines, after a hearing, that the public convenience and necessity require the creation of an authority, then the governing body shall adopt, and its executive officer shall approve, a resolution or an ordinance so declaring and creating an authority.
(2) A resolution or ordinance under subdivision (f)(1) must designate the name and principal office address of the authority.
(3) A governing body shall file a certified copy of the resolution or ordinance with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 68-221-1305 . The authority constitutes a body politic and corporate upon adoption and filing.
(g) (1) A creating governmental entity and a participating governmental entity shall enter into an agreement with the authority for the orderly transfer to the authority of the treatment works' properties, functions, service area, and outstanding obligations. (2) The agreement may include provisions for the reimbursement of any governmental entity for its obligations issued for treatment works.
(1) A creating governmental entity and a participating governmental entity shall enter into an agreement with the authority for the orderly transfer to the authority of the treatment works' properties, functions, service area, and outstanding obligations.
(2) The agreement may include provisions for the reimbursement of any governmental entity for its obligations issued for treatment works.
Amended by 2023 Tenn. Acts, ch. 463, s 47, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 720, s 5, eff. 6/22/2020.
Acts 2007 , ch. 250, § 1.