Tenn. Code Ann. § 69-3-115 — TN Code / Title 69 / Chapter 3 / Section 69-3-115
Violations - Penalties - Judgment by consent
Status: in_force

(a) (1) Any person who does any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs: (A) Violates an effluent standard or limitation or a water quality standard established under this part; (B) Violates the terms or conditions of a permit; (C) Fails to complete a filing requirement or causes false information to be filed with the department; (D) Fails to allow or perform an entry, inspection, monitoring, or reporting requirement; (E) Violates a final determination or order of the board, panel or commissioner; (F) In the case of an industrial user of a publicly owned treatment works, fails to pay user or cost recovery charges or violates pretreatment standards or toxic effluent limitations established as a condition in the permit of the treatment works; (G) After reasonable notice and opportunity to restore a ditch constructed pursuant to § 69-3-130 , the owner of the property fails to restore the ditch to permit specifications; or (H) Violates any other provision of this part or any rule or regulation promulgated by the board. (2) Any civil penalty shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation; (B) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing in the matter involved before the board. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (C) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (D) The commissioner, through the attorney general and reporter, 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 pollution or violation occurred, in the name of the department. (3) In assessing the civil penalty, the commissioner may consider the following factors: (A) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (B) Damages to the state, including compensation for loss or destruction of wildlife, fish, and other aquatic life, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage; (C) Cause of the discharge or violation; (D) The severity of the discharge and its effect upon the quality and quantity of the receiving waters; (E) Effectiveness of action taken by the violator to cease the violation; (F) The technical and economic reasonableness of reducing or eliminating the discharge; (G) The social and economic value of the discharge source; and (H) The economic benefit gained by the violator. (4) The board may establish by regulation a schedule of the amount of civil penalty that can be assessed by the commissioner for certain specific violations or categories of violations. (b) Any person unlawfully polluting the waters of the state or violating or failing, neglecting, or refusing to comply with any of the provisions of this part, commits a Class C misdemeanor. Each day upon which such violation occurs constitutes a separate offense. (c) Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the board or the commissioner, or who willfully and knowingly pollutes the waters of the state, or willfully fails, neglects or refuses to comply with any of the provisions of this part commits a Class E felony and shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or incarceration, or both. (d) The department is the sole state agency authorized to conduct investigations arising under this part. Notwithstanding any law to the contrary, other state agencies may assist the department in satisfying the duties arising under this part. The department of agriculture shall be notified of investigations associated with agricultural activities. (e) (1) Whenever any order or assessment has become a final action under this section, a notarized copy of the same may be filed in the office of the clerk of the chancery court of Davidson County, and shall be considered as an agreement of the parties thereto to entry of a judgment by consent, the terms and conditions of which shall be the same as those recited in the final order or assessment. Except as otherwise provided in this section, the procedures for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6. (2) If the final action is by the board, the judgment by consent shall be promptly entered by the court and shall be effective upon entry, and it shall have the same effect and be subject to the same procedures as a judgment of a court of record of this state and may be enforced or satisfied in like manner. (3) If the final action is by the commissioner, the judgment by consent shall be promptly entered by the chancery court, but shall not become a final judgment until expiration of a period ending forty-five (45) days after the date it was filed. During this period, any citizen shall have the right to intervene in such proceeding on the grounds that the remedy or remedies provided are inadequate or are based on erroneously stated facts. If intervention occurs, the court shall determine whether it is duplicitous or frivolous and shall notify the parties and the intervenor of its determination. If determined not to be duplicitous or frivolous, review of the order or assessment shall be deemed to be sought by all parties and shall proceed in accordance with § 4-5-322 . If no citizen intervenes or if any such intervention is deemed duplicitous or frivolous, upon the expiration of the forty-five-day period, the judgment by consent shall be final, and it shall have the same effect and be subject to the same procedures as a judgment of a court of record of this state and may be enforced or satisfied in like manner. Amended by 2017 Tenn. Acts, ch. 148, s 3, eff. 4/17/2017. Acts 1971, ch. 164, § 14; 1971, ch. 386, § 7; 1972, ch. 631, § 3; 1977, ch. 366, § 1; 1979, ch. 422, § 21; T.C.A., § 70-337; Acts 1985, ch. 160, § 1; 1988, ch. 688, § 1; 1989, ch. 321, § 10; 1989, ch. 591, §§ 101, 113; 1991, ch. 123, §3; 2007 , ch. 362, § 19.
(a) (1) Any person who does any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs: (A) Violates an effluent standard or limitation or a water quality standard established under this part; (B) Violates the terms or conditions of a permit; (C) Fails to complete a filing requirement or causes false information to be filed with the department; (D) Fails to allow or perform an entry, inspection, monitoring, or reporting requirement; (E) Violates a final determination or order of the board, panel or commissioner; (F) In the case of an industrial user of a publicly owned treatment works, fails to pay user or cost recovery charges or violates pretreatment standards or toxic effluent limitations established as a condition in the permit of the treatment works; (G) After reasonable notice and opportunity to restore a ditch constructed pursuant to § 69-3-130 , the owner of the property fails to restore the ditch to permit specifications; or (H) Violates any other provision of this part or any rule or regulation promulgated by the board. (2) Any civil penalty shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation; (B) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing in the matter involved before the board. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (C) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (D) The commissioner, through the attorney general and reporter, 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 pollution or violation occurred, in the name of the department. (3) In assessing the civil penalty, the commissioner may consider the following factors: (A) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (B) Damages to the state, including compensation for loss or destruction of wildlife, fish, and other aquatic life, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage; (C) Cause of the discharge or violation; (D) The severity of the discharge and its effect upon the quality and quantity of the receiving waters; (E) Effectiveness of action taken by the violator to cease the violation; (F) The technical and economic reasonableness of reducing or eliminating the discharge; (G) The social and economic value of the discharge source; and (H) The economic benefit gained by the violator. (4) The board may establish by regulation a schedule of the amount of civil penalty that can be assessed by the commissioner for certain specific violations or categories of violations.
(1) Any person who does any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs: (A) Violates an effluent standard or limitation or a water quality standard established under this part; (B) Violates the terms or conditions of a permit; (C) Fails to complete a filing requirement or causes false information to be filed with the department; (D) Fails to allow or perform an entry, inspection, monitoring, or reporting requirement; (E) Violates a final determination or order of the board, panel or commissioner; (F) In the case of an industrial user of a publicly owned treatment works, fails to pay user or cost recovery charges or violates pretreatment standards or toxic effluent limitations established as a condition in the permit of the treatment works; (G) After reasonable notice and opportunity to restore a ditch constructed pursuant to § 69-3-130 , the owner of the property fails to restore the ditch to permit specifications; or (H) Violates any other provision of this part or any rule or regulation promulgated by the board.
(A) Violates an effluent standard or limitation or a water quality standard established under this part;
(B) Violates the terms or conditions of a permit;
(C) Fails to complete a filing requirement or causes false information to be filed with the department;
(D) Fails to allow or perform an entry, inspection, monitoring, or reporting requirement;
(E) Violates a final determination or order of the board, panel or commissioner;
(F) In the case of an industrial user of a publicly owned treatment works, fails to pay user or cost recovery charges or violates pretreatment standards or toxic effluent limitations established as a condition in the permit of the treatment works;
(G) After reasonable notice and opportunity to restore a ditch constructed pursuant to § 69-3-130 , the owner of the property fails to restore the ditch to permit specifications; or
(H) Violates any other provision of this part or any rule or regulation promulgated by the board.
(2) Any civil penalty shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation; (B) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing in the matter involved before the board. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (C) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (D) The commissioner, through the attorney general and reporter, 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 pollution or violation occurred, in the name of the department.
(A) The commissioner may issue an assessment against any person responsible for the violation;
(B) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing in the matter involved before the board. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;
(C) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; and
(D) The commissioner, through the attorney general and reporter, 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 pollution or violation occurred, in the name of the department.
(3) In assessing the civil penalty, the commissioner may consider the following factors: (A) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (B) Damages to the state, including compensation for loss or destruction of wildlife, fish, and other aquatic life, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage; (C) Cause of the discharge or violation; (D) The severity of the discharge and its effect upon the quality and quantity of the receiving waters; (E) Effectiveness of action taken by the violator to cease the violation; (F) The technical and economic reasonableness of reducing or eliminating the discharge; (G) The social and economic value of the discharge source; and (H) The economic benefit gained by the violator.
(A) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(B) Damages to the state, including compensation for loss or destruction of wildlife, fish, and other aquatic life, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage;
(C) Cause of the discharge or violation;
(D) The severity of the discharge and its effect upon the quality and quantity of the receiving waters;
(E) Effectiveness of action taken by the violator to cease the violation;
(F) The technical and economic reasonableness of reducing or eliminating the discharge;
(G) The social and economic value of the discharge source; and
(H) The economic benefit gained by the violator.
(4) The board may establish by regulation a schedule of the amount of civil penalty that can be assessed by the commissioner for certain specific violations or categories of violations.
(b) Any person unlawfully polluting the waters of the state or violating or failing, neglecting, or refusing to comply with any of the provisions of this part, commits a Class C misdemeanor. Each day upon which such violation occurs constitutes a separate offense.
(c) Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the board or the commissioner, or who willfully and knowingly pollutes the waters of the state, or willfully fails, neglects or refuses to comply with any of the provisions of this part commits a Class E felony and shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or incarceration, or both.
(d) The department is the sole state agency authorized to conduct investigations arising under this part. Notwithstanding any law to the contrary, other state agencies may assist the department in satisfying the duties arising under this part. The department of agriculture shall be notified of investigations associated with agricultural activities.
(e) (1) Whenever any order or assessment has become a final action under this section, a notarized copy of the same may be filed in the office of the clerk of the chancery court of Davidson County, and shall be considered as an agreement of the parties thereto to entry of a judgment by consent, the terms and conditions of which shall be the same as those recited in the final order or assessment. Except as otherwise provided in this section, the procedures for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6. (2) If the final action is by the board, the judgment by consent shall be promptly entered by the court and shall be effective upon entry, and it shall have the same effect and be subject to the same procedures as a judgment of a court of record of this state and may be enforced or satisfied in like manner. (3) If the final action is by the commissioner, the judgment by consent shall be promptly entered by the chancery court, but shall not become a final judgment until expiration of a period ending forty-five (45) days after the date it was filed. During this period, any citizen shall have the right to intervene in such proceeding on the grounds that the remedy or remedies provided are inadequate or are based on erroneously stated facts. If intervention occurs, the court shall determine whether it is duplicitous or frivolous and shall notify the parties and the intervenor of its determination. If determined not to be duplicitous or frivolous, review of the order or assessment shall be deemed to be sought by all parties and shall proceed in accordance with § 4-5-322 . If no citizen intervenes or if any such intervention is deemed duplicitous or frivolous, upon the expiration of the forty-five-day period, the judgment by consent shall be final, and it shall have the same effect and be subject to the same procedures as a judgment of a court of record of this state and may be enforced or satisfied in like manner.
(1) Whenever any order or assessment has become a final action under this section, a notarized copy of the same may be filed in the office of the clerk of the chancery court of Davidson County, and shall be considered as an agreement of the parties thereto to entry of a judgment by consent, the terms and conditions of which shall be the same as those recited in the final order or assessment. Except as otherwise provided in this section, the procedures for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6.
(2) If the final action is by the board, the judgment by consent shall be promptly entered by the court and shall be effective upon entry, and it shall have the same effect and be subject to the same procedures as a judgment of a court of record of this state and may be enforced or satisfied in like manner.
(3) If the final action is by the commissioner, the judgment by consent shall be promptly entered by the chancery court, but shall not become a final judgment until expiration of a period ending forty-five (45) days after the date it was filed. During this period, any citizen shall have the right to intervene in such proceeding on the grounds that the remedy or remedies provided are inadequate or are based on erroneously stated facts. If intervention occurs, the court shall determine whether it is duplicitous or frivolous and shall notify the parties and the intervenor of its determination. If determined not to be duplicitous or frivolous, review of the order or assessment shall be deemed to be sought by all parties and shall proceed in accordance with § 4-5-322 . If no citizen intervenes or if any such intervention is deemed duplicitous or frivolous, upon the expiration of the forty-five-day period, the judgment by consent shall be final, and it shall have the same effect and be subject to the same procedures as a judgment of a court of record of this state and may be enforced or satisfied in like manner.
Amended by 2017 Tenn. Acts, ch. 148, s 3, eff. 4/17/2017.
Acts 1971, ch. 164, § 14; 1971, ch. 386, § 7; 1972, ch. 631, § 3; 1977, ch. 366, § 1; 1979, ch. 422, § 21; T.C.A., § 70-337; Acts 1985, ch. 160, § 1; 1988, ch. 688, § 1; 1989, ch. 321, § 10; 1989, ch. 591, §§ 101, 113; 1991, ch. 123, §3; 2007 , ch. 362, § 19.
Tenn. Code Ann. § 69-5-919 — TN Code / Title 69 / Chapter 5 / Section 69-5-919
Proceeds from sale of maintenance or administration certificates
Status: in_force

All funds received from sale of the maintenance or administration certificates, or both, shall be paid to the trustee and placed to the credit of the maintenance and administration fund, to be paid out on warrants as now provided by law. Acts 1935, ch. 159, § 5; C. Supp. 1950, § 4292.9 (Williams, § 4244.5); T.C.A. (orig. ed.), § 70-1419; T.C.A. § 69-6-919.
All funds received from sale of the maintenance or administration certificates, or both, shall be paid to the trustee and placed to the credit of the maintenance and administration fund, to be paid out on warrants as now provided by law.
Acts 1935, ch. 159, § 5; C. Supp. 1950, § 4292.9 (Williams, § 4244.5); T.C.A. (orig. ed.), § 70-1419; T.C.A. § 69-6-919.
Tenn. Code Ann. § 69-9-217 — TN Code / Title 69 / Chapter 9 / Section 69-9-217
Boating under the influence
Status: in_force

(a) It is unlawful for any person or persons to operate any vessel subject to registration or any commercial vessel as defined in this section on the waters of Tennessee, as defined in § 69-9-204 , while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system. (b) For the purpose of this section: (1) "Commercial vessel" means any vessel used or whose principal use is to carry passengers for hire for monetary or other consideration or any vessel used or whose principal use is to transport or to assist in the transportation of goods or services; (2) "Drugs producing stimulating effects on the central nervous system" includes any controlled substance, controlled substance analogue, drug, or combination of drug substances affecting the central nervous system, that impairs the person of the clearness of mind or the control of oneself that the person would otherwise possess; and (3) "Test" means any chemical test designed to determine the alcoholic or drug content of the blood. (c) The fact that any person who operates any vessel subject to registration or any commercial vessel as defined in this section on public waters of the state while under the influence of narcotic or barbital drugs is or has been entitled to use such drugs under the laws of this state is not a defense to the violation of this section. (d) (1) Any person who operates any vessel subject to registration or any commercial vessel as defined in this section on the public waters of the state shall be determined to have consented to one (1) or more tests for the purpose of determining the alcoholic or drug content of the person's blood; provided, that any such test is administered at the direction of an officer having reasonable grounds to believe the person has been operating any vessel subject to registration or any commercial vessel as defined in this section while under the influence of an intoxicant or drug. (2) The specimen to be used for such test shall include blood, urine or breath. (3) Any physician, registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified or nationally registered phlebotomist who, acting at the written request of an officer, withdraws blood from a person for the purpose of making such test, shall not incur any civil or criminal liability as a result of the withdrawing of such blood, except for any damages that may result from the negligence of the person so withdrawing. Neither the hospital nor other employer of such physician, registered nurse, licensed practical nurse, clinical technician, technologist, or certified or nationally registered phlebotomist, shall incur, except for negligence, any civil or criminal liability as a result of the act of withdrawing blood from any person submitting to such test. (e) (1) An officer who requests that the person operating any vessel subject to registration or any commercial vessel as defined in this section submit to a test pursuant to this section for the purpose of determining the alcoholic or drug content of such person's blood shall, prior to conducting such test, advise the person that refusal to submit to such test will result in the suspension by the court of such person's privilege to operate any vessel subject to registration or any commercial vessel as defined in this section. (2) The court having jurisdiction of the offenses for which such person was placed under arrest does not have the authority to suspend the privilege of a person who refuses to submit to the test if such person was not advised of the consequences of such a refusal. (f) (1) Except as may be required by a search warrant or other court order, if the person placed under arrest is requested by a law enforcement officer to submit to one (1) or more tests for the purpose of determining the alcoholic or drug content of the person's blood, including, but not limited to, one (1) or more breath tests or blood tests, or both types of tests, advised of the consequences for refusing to do so, and refuses to submit, then the operator shall be charged with a violation of subdivision (d)(1). This section does not prohibit a law enforcement officer from seeking a search warrant or court order for one (1) or more breath tests or blood tests, or both types of tests. (2) The determination as to whether a person violated this section shall be made at the same time and by the same court as the one disposing of the offense for which such person was placed under arrest. If the court finds that the person violated this section, the person shall not be considered as having committed a criminal offense; however, the court shall suspend the privilege of such driver for a period of twelve (12) months. (g) Any person, who is unconscious at the time of arrest or apprehension or otherwise in a condition rendering such person incapable of refusal, shall be subjected to the test, but the results of the test shall not be used as evidence against such person in any court without the consent of the person so tested. (h) It is the duty of the enforcement agency investigating boating accidents in which fatalities or serious injuries occur to obtain blood alcohol content from all operators involved and submit the results of the blood alcohol content to the district attorney general. (i) Upon the trial of any person charged with a violation of this section, the results of any test made of the person so charged are admissible in evidence in a criminal proceeding. Failure of an officer to request the administering of a test is likewise admissible in evidence in a criminal proceeding. (j) (1) For the purpose of this section, evidence that there was, at the time alleged, five-hundredths of one percent (0.05%), or less, by weight of alcohol in the blood of the defendant, shall create no presumption. (2) Evidence that there was, at the time alleged, alcohol concentration in a person's blood or breath equal to or greater than the amount constituting the offense of driving under the influence of an intoxicant as provided in § 55-10-401(2) shall constitute a violation of this section. (k) The results of any test authorized by subsections (d)-( l ) shall be reported in writing by the person making such test and such report shall have noted on it the time at which the sample analyzed was obtained from the person. Upon request of the person tested, the results of such test shall be made available to such person. (l) (1) The procurement of a sample of a person's blood for making a test as provided by this subsection ( l ) and subsections (d)-(k), to be considered valid under this subsection ( l ) and subsections (d)-(k), shall be performed by a registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified or nationally registered phlebotomist, or at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health. (2) Upon receipt of a specimen forwarded to the director's office for analysis, the director of the Tennessee bureau of investigation shall have it examined for alcohol concentration or for the presence of narcotic or other drugs, if requested by the arresting officer, county medical examiner, or any district attorney general. The chief medical examiner or the medical examiner's duly appointed representative shall execute a certificate that indicates the name of the accused, the date, time and by whom the specimen was received and examined, and a statement of the alcohol concentration or presence of drugs in the specimen. (3) When a specimen taken in accordance with this section is forwarded for testing to the office of the director, a report of the results of such test shall be made and filed in the director's office, and a copy mailed to the district attorney general for the district where the case arose. (4) The certificate provided for in subdivision ( l )(2) is, when duly attested by the director or the director's duly appointed representative, admissible in any court, in any criminal proceeding, as evidence of the facts in the certificate stated, and of the results of the test; provided, that the person taking or causing to be taken the specimen and the person performing the test of such specimen shall be available, if subpoenaed as witnesses, upon demand by either party to the cause, or, when unable to appear as witnesses, shall submit a deposition upon demand by either party to the cause. (5) The person tested is entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory of the person's own choosing and at the person's own expense; provided, that the medical laboratory is licensed pursuant to title 68, chapter 29. (m) It is unlawful for any person or persons to operate any vessel subject to registration or any commercial vessel as defined in this section on the public waters of the state while such person's privilege to do so is suspended. (n) This section does not apply to any vessel that is moored or anchored. Amended by 2024 Tenn. Acts, ch. 845,s 2, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 383, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 383, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 383, s 1, eff. 7/1/2023. Acts 1989, ch. 92, § 5; 1990, ch. 981, § 1; 1995, ch. 355, §§ 3, 4; T.C.A. § 69-10-217; Acts 2005, ch. 90, §§ 1, 2; 2006, ch. 529, §1; 2007 , ch. 185, § 12.
(a) It is unlawful for any person or persons to operate any vessel subject to registration or any commercial vessel as defined in this section on the waters of Tennessee, as defined in § 69-9-204 , while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system.
(b) For the purpose of this section: (1) "Commercial vessel" means any vessel used or whose principal use is to carry passengers for hire for monetary or other consideration or any vessel used or whose principal use is to transport or to assist in the transportation of goods or services; (2) "Drugs producing stimulating effects on the central nervous system" includes any controlled substance, controlled substance analogue, drug, or combination of drug substances affecting the central nervous system, that impairs the person of the clearness of mind or the control of oneself that the person would otherwise possess; and (3) "Test" means any chemical test designed to determine the alcoholic or drug content of the blood.
(1) "Commercial vessel" means any vessel used or whose principal use is to carry passengers for hire for monetary or other consideration or any vessel used or whose principal use is to transport or to assist in the transportation of goods or services;
(2) "Drugs producing stimulating effects on the central nervous system" includes any controlled substance, controlled substance analogue, drug, or combination of drug substances affecting the central nervous system, that impairs the person of the clearness of mind or the control of oneself that the person would otherwise possess; and
(3) "Test" means any chemical test designed to determine the alcoholic or drug content of the blood.
(c) The fact that any person who operates any vessel subject to registration or any commercial vessel as defined in this section on public waters of the state while under the influence of narcotic or barbital drugs is or has been entitled to use such drugs under the laws of this state is not a defense to the violation of this section.
(d) (1) Any person who operates any vessel subject to registration or any commercial vessel as defined in this section on the public waters of the state shall be determined to have consented to one (1) or more tests for the purpose of determining the alcoholic or drug content of the person's blood; provided, that any such test is administered at the direction of an officer having reasonable grounds to believe the person has been operating any vessel subject to registration or any commercial vessel as defined in this section while under the influence of an intoxicant or drug. (2) The specimen to be used for such test shall include blood, urine or breath. (3) Any physician, registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified or nationally registered phlebotomist who, acting at the written request of an officer, withdraws blood from a person for the purpose of making such test, shall not incur any civil or criminal liability as a result of the withdrawing of such blood, except for any damages that may result from the negligence of the person so withdrawing. Neither the hospital nor other employer of such physician, registered nurse, licensed practical nurse, clinical technician, technologist, or certified or nationally registered phlebotomist, shall incur, except for negligence, any civil or criminal liability as a result of the act of withdrawing blood from any person submitting to such test.
(1) Any person who operates any vessel subject to registration or any commercial vessel as defined in this section on the public waters of the state shall be determined to have consented to one (1) or more tests for the purpose of determining the alcoholic or drug content of the person's blood; provided, that any such test is administered at the direction of an officer having reasonable grounds to believe the person has been operating any vessel subject to registration or any commercial vessel as defined in this section while under the influence of an intoxicant or drug.
(2) The specimen to be used for such test shall include blood, urine or breath.
(3) Any physician, registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified or nationally registered phlebotomist who, acting at the written request of an officer, withdraws blood from a person for the purpose of making such test, shall not incur any civil or criminal liability as a result of the withdrawing of such blood, except for any damages that may result from the negligence of the person so withdrawing. Neither the hospital nor other employer of such physician, registered nurse, licensed practical nurse, clinical technician, technologist, or certified or nationally registered phlebotomist, shall incur, except for negligence, any civil or criminal liability as a result of the act of withdrawing blood from any person submitting to such test.
(e) (1) An officer who requests that the person operating any vessel subject to registration or any commercial vessel as defined in this section submit to a test pursuant to this section for the purpose of determining the alcoholic or drug content of such person's blood shall, prior to conducting such test, advise the person that refusal to submit to such test will result in the suspension by the court of such person's privilege to operate any vessel subject to registration or any commercial vessel as defined in this section. (2) The court having jurisdiction of the offenses for which such person was placed under arrest does not have the authority to suspend the privilege of a person who refuses to submit to the test if such person was not advised of the consequences of such a refusal.
(1) An officer who requests that the person operating any vessel subject to registration or any commercial vessel as defined in this section submit to a test pursuant to this section for the purpose of determining the alcoholic or drug content of such person's blood shall, prior to conducting such test, advise the person that refusal to submit to such test will result in the suspension by the court of such person's privilege to operate any vessel subject to registration or any commercial vessel as defined in this section.
(2) The court having jurisdiction of the offenses for which such person was placed under arrest does not have the authority to suspend the privilege of a person who refuses to submit to the test if such person was not advised of the consequences of such a refusal.
(f) (1) Except as may be required by a search warrant or other court order, if the person placed under arrest is requested by a law enforcement officer to submit to one (1) or more tests for the purpose of determining the alcoholic or drug content of the person's blood, including, but not limited to, one (1) or more breath tests or blood tests, or both types of tests, advised of the consequences for refusing to do so, and refuses to submit, then the operator shall be charged with a violation of subdivision (d)(1). This section does not prohibit a law enforcement officer from seeking a search warrant or court order for one (1) or more breath tests or blood tests, or both types of tests. (2) The determination as to whether a person violated this section shall be made at the same time and by the same court as the one disposing of the offense for which such person was placed under arrest. If the court finds that the person violated this section, the person shall not be considered as having committed a criminal offense; however, the court shall suspend the privilege of such driver for a period of twelve (12) months.
(1) Except as may be required by a search warrant or other court order, if the person placed under arrest is requested by a law enforcement officer to submit to one (1) or more tests for the purpose of determining the alcoholic or drug content of the person's blood, including, but not limited to, one (1) or more breath tests or blood tests, or both types of tests, advised of the consequences for refusing to do so, and refuses to submit, then the operator shall be charged with a violation of subdivision (d)(1). This section does not prohibit a law enforcement officer from seeking a search warrant or court order for one (1) or more breath tests or blood tests, or both types of tests.
(2) The determination as to whether a person violated this section shall be made at the same time and by the same court as the one disposing of the offense for which such person was placed under arrest. If the court finds that the person violated this section, the person shall not be considered as having committed a criminal offense; however, the court shall suspend the privilege of such driver for a period of twelve (12) months.
(g) Any person, who is unconscious at the time of arrest or apprehension or otherwise in a condition rendering such person incapable of refusal, shall be subjected to the test, but the results of the test shall not be used as evidence against such person in any court without the consent of the person so tested.
(h) It is the duty of the enforcement agency investigating boating accidents in which fatalities or serious injuries occur to obtain blood alcohol content from all operators involved and submit the results of the blood alcohol content to the district attorney general.
(i) Upon the trial of any person charged with a violation of this section, the results of any test made of the person so charged are admissible in evidence in a criminal proceeding. Failure of an officer to request the administering of a test is likewise admissible in evidence in a criminal proceeding.
(j) (1) For the purpose of this section, evidence that there was, at the time alleged, five-hundredths of one percent (0.05%), or less, by weight of alcohol in the blood of the defendant, shall create no presumption. (2) Evidence that there was, at the time alleged, alcohol concentration in a person's blood or breath equal to or greater than the amount constituting the offense of driving under the influence of an intoxicant as provided in § 55-10-401(2) shall constitute a violation of this section.
(1) For the purpose of this section, evidence that there was, at the time alleged, five-hundredths of one percent (0.05%), or less, by weight of alcohol in the blood of the defendant, shall create no presumption.
(2) Evidence that there was, at the time alleged, alcohol concentration in a person's blood or breath equal to or greater than the amount constituting the offense of driving under the influence of an intoxicant as provided in § 55-10-401(2) shall constitute a violation of this section.
(k) The results of any test authorized by subsections (d)-( l ) shall be reported in writing by the person making such test and such report shall have noted on it the time at which the sample analyzed was obtained from the person. Upon request of the person tested, the results of such test shall be made available to such person.
(l) (1) The procurement of a sample of a person's blood for making a test as provided by this subsection ( l ) and subsections (d)-(k), to be considered valid under this subsection ( l ) and subsections (d)-(k), shall be performed by a registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified or nationally registered phlebotomist, or at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health. (2) Upon receipt of a specimen forwarded to the director's office for analysis, the director of the Tennessee bureau of investigation shall have it examined for alcohol concentration or for the presence of narcotic or other drugs, if requested by the arresting officer, county medical examiner, or any district attorney general. The chief medical examiner or the medical examiner's duly appointed representative shall execute a certificate that indicates the name of the accused, the date, time and by whom the specimen was received and examined, and a statement of the alcohol concentration or presence of drugs in the specimen. (3) When a specimen taken in accordance with this section is forwarded for testing to the office of the director, a report of the results of such test shall be made and filed in the director's office, and a copy mailed to the district attorney general for the district where the case arose. (4) The certificate provided for in subdivision ( l )(2) is, when duly attested by the director or the director's duly appointed representative, admissible in any court, in any criminal proceeding, as evidence of the facts in the certificate stated, and of the results of the test; provided, that the person taking or causing to be taken the specimen and the person performing the test of such specimen shall be available, if subpoenaed as witnesses, upon demand by either party to the cause, or, when unable to appear as witnesses, shall submit a deposition upon demand by either party to the cause. (5) The person tested is entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory of the person's own choosing and at the person's own expense; provided, that the medical laboratory is licensed pursuant to title 68, chapter 29.
(1) The procurement of a sample of a person's blood for making a test as provided by this subsection ( l ) and subsections (d)-(k), to be considered valid under this subsection ( l ) and subsections (d)-(k), shall be performed by a registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified or nationally registered phlebotomist, or at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health.
(2) Upon receipt of a specimen forwarded to the director's office for analysis, the director of the Tennessee bureau of investigation shall have it examined for alcohol concentration or for the presence of narcotic or other drugs, if requested by the arresting officer, county medical examiner, or any district attorney general. The chief medical examiner or the medical examiner's duly appointed representative shall execute a certificate that indicates the name of the accused, the date, time and by whom the specimen was received and examined, and a statement of the alcohol concentration or presence of drugs in the specimen.
(3) When a specimen taken in accordance with this section is forwarded for testing to the office of the director, a report of the results of such test shall be made and filed in the director's office, and a copy mailed to the district attorney general for the district where the case arose.
(4) The certificate provided for in subdivision ( l )(2) is, when duly attested by the director or the director's duly appointed representative, admissible in any court, in any criminal proceeding, as evidence of the facts in the certificate stated, and of the results of the test; provided, that the person taking or causing to be taken the specimen and the person performing the test of such specimen shall be available, if subpoenaed as witnesses, upon demand by either party to the cause, or, when unable to appear as witnesses, shall submit a deposition upon demand by either party to the cause.
(5) The person tested is entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory of the person's own choosing and at the person's own expense; provided, that the medical laboratory is licensed pursuant to title 68, chapter 29.
(m) It is unlawful for any person or persons to operate any vessel subject to registration or any commercial vessel as defined in this section on the public waters of the state while such person's privilege to do so is suspended.
(n) This section does not apply to any vessel that is moored or anchored.
Amended by 2024 Tenn. Acts, ch. 845,s 2, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 383, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 383, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 383, s 1, eff. 7/1/2023.
Acts 1989, ch. 92, § 5; 1990, ch. 981, § 1; 1995, ch. 355, §§ 3, 4; T.C.A. § 69-10-217; Acts 2005, ch. 90, §§ 1, 2; 2006, ch. 529, §1; 2007 , ch. 185, § 12.
Tenn. Code Ann. § 69-5-312 — TN Code / Title 69 / Chapter 5 / Section 69-5-312
Levy upon lands of benefited owners - Ratio - Funds kept separate - Disbursement
Status: in_force

The assessments shall be levied upon the lands of the owners so benefited in the ratio mentioned in § 69-5-305 , and shall be collected in the same manner as taxes for county purposes, except as specially provided in this chapter, and the funds so collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with such improvement, and on the order or warrant of the county mayor. Acts 1909, ch. 185, § 12; Shan., § 3871a62; Code 1932, §4290; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-912; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-312.
The assessments shall be levied upon the lands of the owners so benefited in the ratio mentioned in § 69-5-305 , and shall be collected in the same manner as taxes for county purposes, except as specially provided in this chapter, and the funds so collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with such improvement, and on the order or warrant of the county mayor.
Acts 1909, ch. 185, § 12; Shan., § 3871a62; Code 1932, §4290; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-912; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-312.
Tenn. Code Ann. § 69-3-108 — TN Code / Title 69 / Chapter 3 / Section 69-3-108
Permits
Status: in_force

(a) Every person who is or is planning to carry on any of the activities outlined in subsection (b), other than a person who discharges into a publicly owned treatment works or who is a domestic discharger into a privately owned treatment works, or who is regulated under a general permit as described in subsection ( l ), shall file an application for a permit with the commissioner or, when necessary, for modification of such person's existing permit. (b) It is unlawful for any person, other than a person who discharges into a publicly owned treatment works or a person who is a domestic discharger into a privately owned treatment works, to carry out any of the following activities, except in accordance with the conditions of a valid permit: (1) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state; (2) The construction, installation, modification, or operation of any treatment works, or part thereof, or any extension or addition thereto; (3) The increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit; (4) The development of a natural resource or the construction, installation, or operation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state in any manner not already lawfully authorized; (5) The construction or use of any new outlet for the discharge of any wastes into the waters of the state; (6) The discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters; (7) (A) The construction, installation, or operation of a liquid waste management system supporting an animal feeding operation that stables or confines as many as, or more than, the numbers of animals specified by federal law defining a large concentrated animal feeding operation; (B) A state operating permit issued pursuant to this subdivision (b)(7) shall be enforceable only in regards to submission and maintenance of a current approved nutrient management plan; (C) Animal feeding operations that are not required under this subdivision (b)(7) to have a permit may apply for and be issued a state operating permit. An animal feeding operation issued a state operating permit pursuant to this subdivision (b)(7) is required to conduct such operations in accordance with the permit; (8) The discharge of sewage, industrial wastes, or other wastes into a well or a location where it is likely that the discharged substance will move into a well, or the underground placement of fluids and other substances that do or may affect the waters of the state; (9) The diversion of water through a flume for the purpose of generation of electric power by a utility; or (10) (A) Animal feeding operations that are required under the federal Clean Water Act ( 33 U.S.C. § 1251 et seq.), to have a permit for concentrated animal feeding operations. Such operations must be conducted in accordance with the conditions of a valid national pollutant discharge elimination system (NPDES) permit; (B) Animal feeding operations that are not required under the federal Clean Water Act to have a permit for concentrated animal feeding operations may apply for and, if eligible under federal law, be issued a NPDES permit. An animal feeding operation issued a NPDES permit pursuant to this subdivision (b)(10)(B) is required to conduct such operations in accordance with the permit. (c) Any person operating or planning to operate a sewerage system shall file an application with the commissioner for a permit or, when necessary, for modification of such person's existing permit. Unless a person holds a valid permit, it is unlawful to operate a sewerage system. (d) Nothing in this section shall be construed to require any person discharging into a septic tank connected only to a subsurface drainfield, or any person constructing or operating a sanitary landfill between March 25, 1980, and March 24, 1982, except in a county having a population of not less than sixty thousand two hundred fifty (60,250) nor more than sixty thousand three hundred fifty (60,350), according to the 1970 federal census or any subsequent federal census, as defined and regulated by §§ 68-211-101 - 68-211-115, to secure a permit; provided, that the exemption provided in this subsection (d) shall not exempt such person from any other provision of this part; and provided further, that any such person who is exempt from obtaining a permit for constructing or operating a sanitary landfill between March 25, 1980, and March 24, 1982, shall not thereafter be required to obtain such permit. (e) Applicants for permits that would authorize a new or expanded wastewater discharge into surface waters shall include in the application consideration of alternatives, including, but not limited to, land application and beneficial reuse of the wastewater. (f) With regard to permits for activities related to the surface mining of coal: (1) No permit shall be issued that would allow removal of coal from the earth from its original location by surface mining methods or surface access points to underground mining within one hundred feet (100') of the ordinary high water mark of any stream or allow overburden or waste materials from removal of coal from the earth by surface mining of coal to be disposed of within one hundred feet (100') of the ordinary high water mark of a stream; provided, however, that a permit may be issued or renewed for stream crossings, including, but not limited to, rail crossings, utilities crossings, pipeline crossings, minor road crossings, for operations to improve the quality of stream segments previously disturbed by mining and for activities related to and incidental to the removal of coal from its original location, such as transportation, storage, coal preparation and processing, loading and shipping operations within one hundred feet (100') of the ordinary high water mark of a stream if necessary due to site specific conditions that do not cause the loss of stream function and do not cause a discharge of pollutants in violation of water quality criteria. Nothing in this subdivision (f)(1) shall apply to placement of material from coal preparation and processing plants; (2) Without limiting the applicability of this section, if the commissioner determines that surface coal mining at a particular site will violate water quality standards because acid mine drainage from the site will not be amenable to treatment with proven technology both during the permit period or subsequent to completion of mining activities, the permit shall be denied. (g) (1) The commissioner may grant permits authorizing the discharges or activities described in subsection (b), including, but not limited to, land application of wastewater, but in granting such permits shall impose such conditions, including effluent standards and conditions and terms of periodic review, as are necessary to accomplish the purposes of this part, and as are not inconsistent with the regulations promulgated by the board. (2) Under no circumstances shall the commissioner issue a permit for an activity that would cause a condition of pollution either by itself or in combination with others. (3) If a permit is required under this part for a public transportation project commissioned by a federal, state, or local government, the alternatives analysis required by Tenn. Comp. R & Regs. 0400-40-07-.04(5) does not need to include alternative road locations but must include other measures to avoid and minimize impacts to resource values. (4) In addition, the permits shall include: (A) The most stringent effluent limitations and schedules of compliance, either promulgated by the board, required to implement any applicable water quality standards, necessary to comply with an area-wide waste treatment plan, or necessary to comply with other state or federal laws or regulations; (B) A definite term, not to exceed five (5) years, for which the permit is valid. This term is subject to provisions for modification, revocation, or suspension of the permit; (C) Monitoring, recording, reporting, and inspection requirements; (D) In the case of permits authorizing discharges from publicly owned treatment works, terms and conditions requiring the permittee to enforce user and cost recovery charges, pretreatment standards, and toxic effluent limitations applicable to industrial users discharging into the treatment works; and (E) In the case of permits authorizing permanent impacts to waters of the state, provision for adequate compensatory mitigation to not result in a condition of pollution, by mitigation banking, permittee-responsible mitigation, or in-lieu fee payments as approved by the department: (i) No sponsor of an in-lieu fee instrument may accept in-lieu fee payments for a project in this state unless the sponsor's in-lieu fee instrument requires the sponsor, as to both new and previously sold in-lieu fee credits, to agree that the department may bring an enforcement action pursuant to subdivision (g)(4)(E)(ii) if the sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project; (ii) If an in-lieu fee sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project, and the sponsor's instrument complies with subdivision (g)(4)(E)(i), then the department may bring an enforcement action in the chancery court of Davidson County to require the in-lieu fee sponsor to solicit proposals to procure appropriate mitigation credits from qualified third parties to provide for equivalent compensatory mitigation; (iii) For purposes of this subdivision (g)(4)(E), "equivalent compensatory mitigation" means mitigation equivalent, to the extent practicable as determined by the department, to the amount and nature of mitigation purchased by the original in-lieu fee payment; and (iv) Proposals received by the in-lieu fee sponsor pursuant to an action brought by the department pursuant to subdivision (g)(4)(E)(ii) must be submitted for approval by the in-lieu fee sponsor to the department. To the extent permitted by federal law, upon approval by the department and the purchase of such mitigation credits by the in-lieu fee sponsor, the in-lieu fee sponsor is considered to have performed the original required mitigation. (5) Underground injection activities authorized by rule are not subject to a definite term. (h) The commissioner may revoke, suspend, or modify any permit for cause, including: (1) Violation of any terms or conditions of the permit or of any provision of this part; (2) Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or (3) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. (i) No permit under subsection (g) or (h) for the construction of any new outlet or for construction activities involved in the development of natural resources, for the construction of a new waste treatment system or for the modification or extension of an existing waste treatment system shall be issued by the commissioner until the plans have first been submitted to and approved by the commissioner. No such approval shall be construed as creating a presumption of correct operation nor as warranting by the commissioner that the approved facilities will reach the designated goals. If an environmental impact statement is required for any permit, the commissioner may require the applicant to pay for its preparation. Any such impact statement must also include and address economic and social impact. (j) Any permit procedure or other action required by or undertaken in accordance with this section or part shall be conducted in accordance with title 13, chapter 18, when the permit or action involves a major energy project, as defined in § 13-18-102 . (k) Nothing in this section shall be construed to limit or circumscribe the authority of the commissioner to issue emergency orders as specified in § 69-3-109 . (l) Where the commissioner finds that a category of activities or discharges would be appropriately regulated under a general permit, the commissioner may issue such a permit. Any person conducting activities in the category covered by a general permit shall not be required to file individual applications for permits except as provided in specific requirements of the general permit. Any person conducting activities covered under a general permit may be required by the commissioner to file an application for any individual permit. Upon the issuance of an individual permit to a person with a general permit, the applicability of the general permit to that permitted activity or discharge shall be terminated. Any person who holds an individual permit for an activity or discharge covered under a general permit may request that the individual permit be revoked. Upon such revocation, the activity or discharge shall become subject to the general permit. (m) Notwithstanding subsection (g), upon application by a person who discharges into groundwaters of the state and who is subject to a permit issued pursuant to the Hazardous Waste Management Act, compiled in title 68, chapter 212, the commissioner may issue variances from the applicable water quality standards, criteria, or classification for groundwater; provided, that: (1) The waters to which the variance applies are not used as a current source of drinking water and such use is not reasonably anticipated for the term of the variance and a reasonable time thereafter; (2) The applicant demonstrates that such discharges will not pose a substantial present or potential hazard to human health or the environment as defined in Tenn. Comp. R. & Reg. 1200-01-11-.06(6)(e)(2) (reserved) in effect on April 1, 1988, and will not impair any actual, current uses other than those affected by the variance; (3) Variances will be effective for a specific term, not to exceed the effective term of the permit; (4) The variance is consistent with the Federal Water Pollution Control Act ( 33 U.S.C. § 1251 et seq.), and the federal Safe Drinking Water Act ( 42 U.S.C. § 300f et seq.); and (5) The variance provided for under this subsection (m) shall be applied for and issued in accordance with procedures regarding the issuance of permits as required by regulations issued under this chapter. (n) (1) A chief administrative officer of a county highway department does not violate this chapter by repairing or causing the repair of up to four hundred feet (400') of highway or road in an emergency situation, if immediate repairs are necessary to protect human safety and welfare, and if such repairs comply with rules and regulations promulgated by the board that regulate the manner in which the repairs are made. Such officer need not obtain a permit prior to making such repairs under such circumstances. (2) As soon as practicable, the chief administrative officer of a county highway department shall notify the commissioner by telephone that an emergency has arisen and that such chief administrative officer intends to make repairs in response to such emergency. The giving of such notice shall not be construed to authorize the commissioner to terminate such repairs. (3) Within ten (10) days of the completion of any highway or road repair made pursuant to this subsection (n), the chief administrative officer of the county highway department ordering such repair shall notify the commissioner, in writing, of the action taken and the nature of the emergency necessitating such immediate repair. (o) The following activities do not require a permit under this section: (1) The removal of downed trees by dragging or winching and without grading or reshaping of the stream channel; (2) The placement of downed trees on stream banks for erosion protection; and (3) The planting of vegetation on stream banks. (p) Unless the applicant agrees otherwise, when an individual landowner applies for a permit for debris removal or stream bank stabilization activities, the commissioner shall either issue or deny the permit or take action scheduling a public hearing on the application within sixty (60) days of receipt of a complete application; provided further, however, that the staff of the division will communicate orally or in writing to the applicant within fifteen (15) days of receipt of any such application. (q) (1) The alteration of a wet weather conveyance, as defined in § 69-3-103 , by any activity is permitted by this subsection (q) and shall require no notice or approval; provided, that it is done in accordance with all of the following conditions: (A) The activity may not result in the discharge of waste or other substances that may be harmful to humans or wildlife; (B) Material may not be placed in a location or manner so as to impair surface water flow into or out of any wetland area; (C) (i) Sediment shall be prevented from entering other waters of the state; (ii) Erosion and sediment controls shall be designed according to the size and slope of disturbed or drainage areas to detain runoff and trap sediment and shall be properly selected, installed, and maintained in accordance with the manufacturer's specifications and good engineering practices; (iii) Erosion and sediment control measures shall be in place and functional before earth moving operations begin, and shall be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the work day, but shall be replaced at the end of the work day; (iv) Checkdams shall be utilized where runoff is concentrated. Clean rock, log, sandbag or straw bale checkdams shall be properly constructed to detain runoff and trap sediment. Checkdams or other erosion control devices are not to be constructed in stream. Clean rock can be of various type and size, depending on the application. Clean rock shall not contain fines, soils or other wastes or contaminants; and (D) Appropriate steps shall be taken to ensure that petroleum products or other chemical pollutants are prevented from entering waters of the state. All spills shall be reported to the appropriate emergency management agency and to the division. In the event of a spill, measures shall be taken immediately to prevent pollution of waters of the state, including groundwater. (2) There shall be no additional conditions upon a person's activity within a wet weather conveyance. This subdivision (q)(2) does not apply to national pollutant discharge elimination system (NPDES) permits. (r) A person desiring to alter a specific water of the state may request a determination from the commissioner that it is a wet weather conveyance and submit a report from a qualified hydrologic professional in support of the request. If the report contains all information that is required in rules promulgated by the board, and in accordance with department procedures and guidance, and is certified by a qualified hydrologic professional to be true, accurate and complete and, if submitted after promulgation of the rules required by § 69-3-105(m) , contains all information that is required in those rules, then the determination made in the report shall be presumed to be correct, unless the commissioner notifies the person, in writing, within thirty (30) days of submittal of the report, that the commissioner has affirmatively determined that there is a significant question about whether the water of the state in question is a stream or a wet weather conveyance and states the reasons for that determination. In that event, the commissioner must, within thirty (30) days following the initial notification, determine whether the water of the state in question is a stream or a wet weather conveyance and notify the person in writing of that decision and the reasons for that determination. A person may appeal a determination by the commissioner that the specific water is a stream by filing a petition for appeal with the board within thirty (30) days of receiving the commissioner's decision. For purposes of this subsection (r), a qualified hydrologic professional is a person holding a bachelor's degree in biology, geology, ecology, engineering or related sciences, having at least five (5) years of relevant experience in making hydrologic determinations and who has been certified as a hydrologic professional pursuant to rules promulgated by the board. (s) Any NPDES permit issued pursuant to this section to a local governmental entity administering a municipal separate storm sewer system shall not impose post-construction storm water requirements, except to the extent necessary to comply with the minimum requirements of federal law. Any such NPDES permit that includes numeric or narrative effluent limitations to manage post-construction storm water shall allow the local governmental entity administering a municipal separate storm sewer system discretion in selecting measures to meet any such effluent limitations. These numeric or narrative effluent limitations to manage post-construction stormwater shall be adopted by the board as rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (t) This state shall not require any local governmental entity that administers a municipal separate storm sewer system under a NPDES permit issued pursuant to this section to impose control measures for post-construction storm water that exceed the minimum requirements of federal law. Any local governmental entity that adopts control measures that exceed the minimum requirements of federal law must do so by ordinance or resolution, as appropriate, by the local legislative body upon a majority vote. This subsection (t) shall not apply to any ordinance or resolution in effect on April 23, 2016, but shall not preclude a local governmental entity that administers a municipal separate storm sewer system from making changes consistent with subsection (s) and this subsection (t). When a local governmental entity seeks coverage under any future version of the NPDES permit after April 23, 2016, such ordinance or resolution shall comply with subsection (s) and this subsection (t). The local government entity shall provide in writing the control measures that exceed federal minimum requirements to the local legislative body at least thirty (30) days in advance of a vote in order to provide for a public comment period. (u) (1) Notwithstanding any other law, a person who has contracted for the right to store water in a reservoir owned by the U.S. Army Corps of Engineers shall have exclusive rights to any return flows generated directly or indirectly to that reservoir by the person. The rights conferred by this subsection (u) shall be subject to any regulatory requirements imposed by the commissioner and to the availability to the person of unused storage capacity within the reservoir to store such return flows. (2) As used in this subsection (u), "return flow" means water that is discharged directly or indirectly to a reservoir from a water reclamation facility. (v) (1) Compliance with a NPDES permit issued under this section shall be deemed compliance for purposes of §§ 69-3-109 ; 69-3-114(a); 69-3-114(b) with respect to this part or any rule, regulation, or standard of water quality promulgated by the board; 69-3-115; 69-3-116; 69-3-117; and 69-3-118(a), except for any standard imposed under Section 307 of the Federal Water Pollution Control Act for a toxic pollutant injurious to human health. (2) Compliance includes the discharge of pollutants for which no standard or limit is set forth in the permit if: (A) The permit holder complies with applicable reporting and disclosure requirements under this part; and (B) The discharge of pollutants is disclosed to the department in such a manner that the discharge is within the reasonable contemplation of the department at the time of issuance of the final permit. (w) Watershed activities conducted in accordance with a site-specific design developed through full application of the Natural Resource Conservation Service (NRCS) Conservation Practice Standard 580 (Tennessee) and NRCS Engineering Field Handbook, Chapter 16 Streambank and Shoreline Protection, and subject to NRCS oversight as a federal action, do not result in pollution and do not require compensatory mitigation. Such watershed activities shall be regulated under a general permit for aquatic alterations pursuant to subsection ( l ). The commissioner shall draft an initial general permit authorizing such watershed activities, conduct public notice in accordance with the board's rules, and issue the initial general permit no later than December 31, 2020. Thereafter, the commissioner shall ensure timely renewal of the general permit. (x) (1) The department may issue an aquatic resource alteration permit to a person in connection with the removal of sand, gravel, and similar sediments or deposits from streams or wetlands. (2) A person who is issued a permit under this section associated with the commercial recovery of sand, gravel, and similar sediments or deposits, from a stream or wetland that is the property of this state is deemed to have received ownership of these materials from this state upon removal by the permittee from the stream or wetland and payment to this state as provided in subdivision (x)(3), notwithstanding the provisions of title 12 or another law to the contrary. (3) If the permittee removes sand, gravel, or similar sediments from property of this state, it shall compensate the state for two and one-half percent (2.5%) of the market value of the finished product. (4) The department shall not grant a permit associated with the removal of sand, gravel, or similar sediments from streams or wetlands located on private property unless the permit applicant owns the property, owns the mineral estate, or has received written consent from the private property owner, and has submitted documentation of such ownership or consent to the department. (y) The department shall not charge a permit application fee to a local government entity for a general aquatic resource alteration permit for emergency infrastructure repair, or a general aquatic resource alteration permit for maintenance activities, necessary to replace or otherwise maintain a culvert. (z) (1) A person may engage a third-party water resources engineer to review engineering reports, plans, and specifications to construct, install, or modify a non-discharging treatment works or sewerage system, including the collection system, treatment facility, and land application components, pursuant to subdivision (b)(2). (2) After completion of the preliminary project discussion with the department, an applicant may engage a third-party water resources engineer to review the engineering report and preliminary plans. After the department has approved the engineering report and preliminary plans and granted site approval, the applicant may engage a third-party water resources engineer to review the final plans and specifications. Each review must be submitted by the person, or the person's designee, in a form acceptable to the department, and must include: (A) The appropriate fee, if a fee is required; (B) As applicable, a copy of the engineering report and preliminary plans, or the final plans and final specifications, each of which must be sealed; (C) The intended address, parcel number or numbers, and county of the property to be served by the non-discharging treatment works or sewerage system; (D) The basis of design for the non-discharging treatment works or sewerage system, including, as applicable, any modifications to the approved engineering report and any additional information required by the department; (E) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The engineer has reviewed the engineering report, plans, or specifications; (iii) As applicable, there are no remaining deficiencies with the copy of the engineering report and preliminary plans, or the final plans and final specifications; and (iv) All information is complete and complies with generally-accepted wastewater engineering practices; and (F) Such other information as the department may reasonably require. (3) A person may engage a third-party water resources engineer to conduct a final inspection of a non-discharging treatment works or sewerage system when construction has been completed. No later than ten (10) business days after completing the inspection, the person or the third-party water resources engineer who conducted the inspection shall submit the following to the department in a form required by the department: (A) The appropriate fee, if a fee is required; (B) A copy of the inspection report prepared by the third-party water resources engineer, including the permit number; (C) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) Whether the non-discharging sewerage system was installed in conformance with approved plans and specifications, or what necessary revisions and alterations were made to comply with the approved plans and specifications; (iii) There are no remaining deficiencies with the non-discharging treatment works or sewerage system; and (iv) All information is complete and complies with generally accepted wastewater engineering practices; and (D) Such other information as the department may reasonably require. (4) No later than ten (10) business days after receipt of the third-party water resources engineer's construction permit review or inspection report pursuant to this subsection (z), the department shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party water resources engineer and applicant; or (C) Request additional information needed to determine compliance with this part and the rules promulgated pursuant to this part. (5) If the department approves the construction permit review, then it shall issue conditional construction permit approval at the same time. Construction shall not commence until after issuance of the associated state operating permit. If the public comment period results in a state operating permit that requires changes to the approved construction permit, then the applicant shall submit revised plans and specifications to the department and receive department approval prior to commencing construction. (6) If the department approves the inspection report, then it shall approve the installed non-discharging treatment works or sewerage system at the same time it approves the inspection report. (7) If the department submits a report of deficiencies found in the third-party permit review or inspection report, or requests additional information, receipt by the department of a response to that request begins a new ten-business-day period for review. (8) If the department does not approve, reject, or request additional information concerning the permit review or inspection report within ten (10) business days of receipt, then the department shall refund the entire associated fee but still complete the review. (9) A third-party water resources engineer shall not conduct a construction permit review or inspection if the third-party water resources engineer has a conflict of interest. (10) In reviewing a third-party water resources engineer's construction permit review or inspection report filed pursuant to this subsection (z), the department's determination that a conflict of interest exists constitutes grounds for rejection. (11) The fee charged by the department for a third-party water resources engineer construction permit review or inspection must be the same amount charged by the department to perform the same services. (12) If the department rejects a third-party water resources engineer's plans review, the applicant may appeal that determination in accordance with § 69-3-105(i) . (13) This subsection (z) does not apply to plans for animal feeding operations. (aa) (1) For a general aquatic resource alteration permit to authorize wetland alterations, a person may engage a third-party wetland professional to review an application submitted pursuant to subdivision (b)(1) in lieu of department review. After the applicant has submitted an aquatic resource inventory and the department has concurred with this inventory, a third-party wetland professional may submit a permit application review to the department in a form required by the department. The permit application review must include: (A) The appropriate fee; (B) A copy of the completed application package; (C) A sworn statement under penalty of perjury by the third-party wetland professional, stating the following: (i) The name and registration number of the third-party wetland professional; (ii) The application complies with this part and the rules adopted pursuant to this part; (iii) The proposed activity is eligible for coverage under a specified general permit to authorize impacts on wetlands; (iv) There are no remaining deficiencies with the application; and (v) All information in the application is complete; and (D) Such other information as the department may reasonably require. (2) No later than ten (10) business days after receipt of the permit application review pursuant to this subsection (aa), the department shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party wetland professional and applicant; or (C) Request additional information needed to determine compliance with this part and the rules promulgated pursuant to this part. (3) If the department approves the permit application review, then it shall issue coverage under the applicable general permit at the same time. (4) If the department submits a report of deficiencies found in the submission, or requests additional information, receipt by the department of a substantive response to that request begins a new ten-business-day period for review. (5) If the department fails to approve, reject, or request additional information concerning the permit application review within ten (10) business days of submission, the department shall refund the entire associated fee but still complete the review. (6) A third-party wetland professional shall not conduct a permit application review if the third-party wetland professional has a conflict of interest. (7) In reviewing a third-party wetland professional's permit review filed pursuant to this subsection (aa), the department's determination that a conflict of interest exists constitutes grounds for rejection. (8) The fee charged by the department for a third-party wetland professional's permit review must be the same amount charged by the department to perform the same service. (9) If the department rejects a third-party wetland professional's permit review, the permit applicant may appeal that determination in accordance with § 69-3-105(i) . Amended by 2024 Tenn. Acts, ch. 771,s 8, eff. 10/1/2024. Amended by 2023 Tenn. Acts, ch. 342, s 1, eff. 5/5/2023. Amended by 2023 Tenn. Acts, ch. 85, s 1, eff. 3/31/2023. Amended by 2021 Tenn. Acts, ch. 208, s 1, eff. 4/22/2021. Amended by 2020 Tenn. Acts, ch. 589, s 1, eff. 3/20/2020. Amended by 2019 Tenn. Acts, ch. 110, s 1, eff. 4/11/2019. Amended by 2018 Tenn. Acts, ch. 845, s 1, eff. 4/26/2018. Amended by 2018 Tenn. Acts, ch. 523, Secs.s 2, s 3eff. 2/28/2018. Amended by 2018 Tenn. Acts, ch. 496, s 1, eff. 2/22/2018. Amended by 2017 Tenn. Acts, ch. 293, s 2, eff. 3/1/2018. Amended by 2017 Tenn. Acts, ch. 220, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1007, s 1, eff. 4/27/2016. Acts 1971, ch. 164, § 7; 1971, ch. 386, § 2; 1973, ch. 105, § 1; 1977, ch. 366, § 1; 1980, ch. 647, §§ 1, 2; 1981, ch. 131, § 43; T.C.A., § 70-330; Acts 1983, ch. 38, § 1; 1984, ch. 804, § 6; 1988, ch. 688, §§ 3, 7; 1989, ch. 114, § 1; 1993, ch. 155, § 1; 1998, ch. 659, § 4; 1998, ch. 735, § 2; 2004, ch. 519, §1; 2009 , ch. 271, §1; 2009 , ch. 289, §2; 2009 , ch. 330, §1; 2009 , ch. 464, §§ 2, 5.
(a) Every person who is or is planning to carry on any of the activities outlined in subsection (b), other than a person who discharges into a publicly owned treatment works or who is a domestic discharger into a privately owned treatment works, or who is regulated under a general permit as described in subsection ( l ), shall file an application for a permit with the commissioner or, when necessary, for modification of such person's existing permit.
(b) It is unlawful for any person, other than a person who discharges into a publicly owned treatment works or a person who is a domestic discharger into a privately owned treatment works, to carry out any of the following activities, except in accordance with the conditions of a valid permit: (1) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state; (2) The construction, installation, modification, or operation of any treatment works, or part thereof, or any extension or addition thereto; (3) The increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit; (4) The development of a natural resource or the construction, installation, or operation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state in any manner not already lawfully authorized; (5) The construction or use of any new outlet for the discharge of any wastes into the waters of the state; (6) The discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters; (7) (A) The construction, installation, or operation of a liquid waste management system supporting an animal feeding operation that stables or confines as many as, or more than, the numbers of animals specified by federal law defining a large concentrated animal feeding operation; (B) A state operating permit issued pursuant to this subdivision (b)(7) shall be enforceable only in regards to submission and maintenance of a current approved nutrient management plan; (C) Animal feeding operations that are not required under this subdivision (b)(7) to have a permit may apply for and be issued a state operating permit. An animal feeding operation issued a state operating permit pursuant to this subdivision (b)(7) is required to conduct such operations in accordance with the permit; (8) The discharge of sewage, industrial wastes, or other wastes into a well or a location where it is likely that the discharged substance will move into a well, or the underground placement of fluids and other substances that do or may affect the waters of the state; (9) The diversion of water through a flume for the purpose of generation of electric power by a utility; or (10) (A) Animal feeding operations that are required under the federal Clean Water Act ( 33 U.S.C. § 1251 et seq.), to have a permit for concentrated animal feeding operations. Such operations must be conducted in accordance with the conditions of a valid national pollutant discharge elimination system (NPDES) permit; (B) Animal feeding operations that are not required under the federal Clean Water Act to have a permit for concentrated animal feeding operations may apply for and, if eligible under federal law, be issued a NPDES permit. An animal feeding operation issued a NPDES permit pursuant to this subdivision (b)(10)(B) is required to conduct such operations in accordance with the permit.
(1) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state;
(2) The construction, installation, modification, or operation of any treatment works, or part thereof, or any extension or addition thereto;
(3) The increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit;
(4) The development of a natural resource or the construction, installation, or operation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state in any manner not already lawfully authorized;
(5) The construction or use of any new outlet for the discharge of any wastes into the waters of the state;
(6) The discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters;
(7) (A) The construction, installation, or operation of a liquid waste management system supporting an animal feeding operation that stables or confines as many as, or more than, the numbers of animals specified by federal law defining a large concentrated animal feeding operation; (B) A state operating permit issued pursuant to this subdivision (b)(7) shall be enforceable only in regards to submission and maintenance of a current approved nutrient management plan; (C) Animal feeding operations that are not required under this subdivision (b)(7) to have a permit may apply for and be issued a state operating permit. An animal feeding operation issued a state operating permit pursuant to this subdivision (b)(7) is required to conduct such operations in accordance with the permit;
(A) The construction, installation, or operation of a liquid waste management system supporting an animal feeding operation that stables or confines as many as, or more than, the numbers of animals specified by federal law defining a large concentrated animal feeding operation;
(B) A state operating permit issued pursuant to this subdivision (b)(7) shall be enforceable only in regards to submission and maintenance of a current approved nutrient management plan;
(C) Animal feeding operations that are not required under this subdivision (b)(7) to have a permit may apply for and be issued a state operating permit. An animal feeding operation issued a state operating permit pursuant to this subdivision (b)(7) is required to conduct such operations in accordance with the permit;
(8) The discharge of sewage, industrial wastes, or other wastes into a well or a location where it is likely that the discharged substance will move into a well, or the underground placement of fluids and other substances that do or may affect the waters of the state;
(9) The diversion of water through a flume for the purpose of generation of electric power by a utility; or
(10) (A) Animal feeding operations that are required under the federal Clean Water Act ( 33 U.S.C. § 1251 et seq.), to have a permit for concentrated animal feeding operations. Such operations must be conducted in accordance with the conditions of a valid national pollutant discharge elimination system (NPDES) permit; (B) Animal feeding operations that are not required under the federal Clean Water Act to have a permit for concentrated animal feeding operations may apply for and, if eligible under federal law, be issued a NPDES permit. An animal feeding operation issued a NPDES permit pursuant to this subdivision (b)(10)(B) is required to conduct such operations in accordance with the permit.
(A) Animal feeding operations that are required under the federal Clean Water Act ( 33 U.S.C. § 1251 et seq.), to have a permit for concentrated animal feeding operations. Such operations must be conducted in accordance with the conditions of a valid national pollutant discharge elimination system (NPDES) permit;
(B) Animal feeding operations that are not required under the federal Clean Water Act to have a permit for concentrated animal feeding operations may apply for and, if eligible under federal law, be issued a NPDES permit. An animal feeding operation issued a NPDES permit pursuant to this subdivision (b)(10)(B) is required to conduct such operations in accordance with the permit.
(c) Any person operating or planning to operate a sewerage system shall file an application with the commissioner for a permit or, when necessary, for modification of such person's existing permit. Unless a person holds a valid permit, it is unlawful to operate a sewerage system.
(d) Nothing in this section shall be construed to require any person discharging into a septic tank connected only to a subsurface drainfield, or any person constructing or operating a sanitary landfill between March 25, 1980, and March 24, 1982, except in a county having a population of not less than sixty thousand two hundred fifty (60,250) nor more than sixty thousand three hundred fifty (60,350), according to the 1970 federal census or any subsequent federal census, as defined and regulated by §§ 68-211-101 - 68-211-115, to secure a permit; provided, that the exemption provided in this subsection (d) shall not exempt such person from any other provision of this part; and provided further, that any such person who is exempt from obtaining a permit for constructing or operating a sanitary landfill between March 25, 1980, and March 24, 1982, shall not thereafter be required to obtain such permit.
(e) Applicants for permits that would authorize a new or expanded wastewater discharge into surface waters shall include in the application consideration of alternatives, including, but not limited to, land application and beneficial reuse of the wastewater.
(f) With regard to permits for activities related to the surface mining of coal: (1) No permit shall be issued that would allow removal of coal from the earth from its original location by surface mining methods or surface access points to underground mining within one hundred feet (100') of the ordinary high water mark of any stream or allow overburden or waste materials from removal of coal from the earth by surface mining of coal to be disposed of within one hundred feet (100') of the ordinary high water mark of a stream; provided, however, that a permit may be issued or renewed for stream crossings, including, but not limited to, rail crossings, utilities crossings, pipeline crossings, minor road crossings, for operations to improve the quality of stream segments previously disturbed by mining and for activities related to and incidental to the removal of coal from its original location, such as transportation, storage, coal preparation and processing, loading and shipping operations within one hundred feet (100') of the ordinary high water mark of a stream if necessary due to site specific conditions that do not cause the loss of stream function and do not cause a discharge of pollutants in violation of water quality criteria. Nothing in this subdivision (f)(1) shall apply to placement of material from coal preparation and processing plants; (2) Without limiting the applicability of this section, if the commissioner determines that surface coal mining at a particular site will violate water quality standards because acid mine drainage from the site will not be amenable to treatment with proven technology both during the permit period or subsequent to completion of mining activities, the permit shall be denied.
(1) No permit shall be issued that would allow removal of coal from the earth from its original location by surface mining methods or surface access points to underground mining within one hundred feet (100') of the ordinary high water mark of any stream or allow overburden or waste materials from removal of coal from the earth by surface mining of coal to be disposed of within one hundred feet (100') of the ordinary high water mark of a stream; provided, however, that a permit may be issued or renewed for stream crossings, including, but not limited to, rail crossings, utilities crossings, pipeline crossings, minor road crossings, for operations to improve the quality of stream segments previously disturbed by mining and for activities related to and incidental to the removal of coal from its original location, such as transportation, storage, coal preparation and processing, loading and shipping operations within one hundred feet (100') of the ordinary high water mark of a stream if necessary due to site specific conditions that do not cause the loss of stream function and do not cause a discharge of pollutants in violation of water quality criteria. Nothing in this subdivision (f)(1) shall apply to placement of material from coal preparation and processing plants;
(2) Without limiting the applicability of this section, if the commissioner determines that surface coal mining at a particular site will violate water quality standards because acid mine drainage from the site will not be amenable to treatment with proven technology both during the permit period or subsequent to completion of mining activities, the permit shall be denied.
(g) (1) The commissioner may grant permits authorizing the discharges or activities described in subsection (b), including, but not limited to, land application of wastewater, but in granting such permits shall impose such conditions, including effluent standards and conditions and terms of periodic review, as are necessary to accomplish the purposes of this part, and as are not inconsistent with the regulations promulgated by the board. (2) Under no circumstances shall the commissioner issue a permit for an activity that would cause a condition of pollution either by itself or in combination with others. (3) If a permit is required under this part for a public transportation project commissioned by a federal, state, or local government, the alternatives analysis required by Tenn. Comp. R & Regs. 0400-40-07-.04(5) does not need to include alternative road locations but must include other measures to avoid and minimize impacts to resource values. (4) In addition, the permits shall include: (A) The most stringent effluent limitations and schedules of compliance, either promulgated by the board, required to implement any applicable water quality standards, necessary to comply with an area-wide waste treatment plan, or necessary to comply with other state or federal laws or regulations; (B) A definite term, not to exceed five (5) years, for which the permit is valid. This term is subject to provisions for modification, revocation, or suspension of the permit; (C) Monitoring, recording, reporting, and inspection requirements; (D) In the case of permits authorizing discharges from publicly owned treatment works, terms and conditions requiring the permittee to enforce user and cost recovery charges, pretreatment standards, and toxic effluent limitations applicable to industrial users discharging into the treatment works; and (E) In the case of permits authorizing permanent impacts to waters of the state, provision for adequate compensatory mitigation to not result in a condition of pollution, by mitigation banking, permittee-responsible mitigation, or in-lieu fee payments as approved by the department: (i) No sponsor of an in-lieu fee instrument may accept in-lieu fee payments for a project in this state unless the sponsor's in-lieu fee instrument requires the sponsor, as to both new and previously sold in-lieu fee credits, to agree that the department may bring an enforcement action pursuant to subdivision (g)(4)(E)(ii) if the sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project; (ii) If an in-lieu fee sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project, and the sponsor's instrument complies with subdivision (g)(4)(E)(i), then the department may bring an enforcement action in the chancery court of Davidson County to require the in-lieu fee sponsor to solicit proposals to procure appropriate mitigation credits from qualified third parties to provide for equivalent compensatory mitigation; (iii) For purposes of this subdivision (g)(4)(E), "equivalent compensatory mitigation" means mitigation equivalent, to the extent practicable as determined by the department, to the amount and nature of mitigation purchased by the original in-lieu fee payment; and (iv) Proposals received by the in-lieu fee sponsor pursuant to an action brought by the department pursuant to subdivision (g)(4)(E)(ii) must be submitted for approval by the in-lieu fee sponsor to the department. To the extent permitted by federal law, upon approval by the department and the purchase of such mitigation credits by the in-lieu fee sponsor, the in-lieu fee sponsor is considered to have performed the original required mitigation. (5) Underground injection activities authorized by rule are not subject to a definite term.
(1) The commissioner may grant permits authorizing the discharges or activities described in subsection (b), including, but not limited to, land application of wastewater, but in granting such permits shall impose such conditions, including effluent standards and conditions and terms of periodic review, as are necessary to accomplish the purposes of this part, and as are not inconsistent with the regulations promulgated by the board.
(2) Under no circumstances shall the commissioner issue a permit for an activity that would cause a condition of pollution either by itself or in combination with others.
(3) If a permit is required under this part for a public transportation project commissioned by a federal, state, or local government, the alternatives analysis required by Tenn. Comp. R & Regs. 0400-40-07-.04(5) does not need to include alternative road locations but must include other measures to avoid and minimize impacts to resource values.
(4) In addition, the permits shall include: (A) The most stringent effluent limitations and schedules of compliance, either promulgated by the board, required to implement any applicable water quality standards, necessary to comply with an area-wide waste treatment plan, or necessary to comply with other state or federal laws or regulations; (B) A definite term, not to exceed five (5) years, for which the permit is valid. This term is subject to provisions for modification, revocation, or suspension of the permit; (C) Monitoring, recording, reporting, and inspection requirements; (D) In the case of permits authorizing discharges from publicly owned treatment works, terms and conditions requiring the permittee to enforce user and cost recovery charges, pretreatment standards, and toxic effluent limitations applicable to industrial users discharging into the treatment works; and (E) In the case of permits authorizing permanent impacts to waters of the state, provision for adequate compensatory mitigation to not result in a condition of pollution, by mitigation banking, permittee-responsible mitigation, or in-lieu fee payments as approved by the department: (i) No sponsor of an in-lieu fee instrument may accept in-lieu fee payments for a project in this state unless the sponsor's in-lieu fee instrument requires the sponsor, as to both new and previously sold in-lieu fee credits, to agree that the department may bring an enforcement action pursuant to subdivision (g)(4)(E)(ii) if the sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project; (ii) If an in-lieu fee sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project, and the sponsor's instrument complies with subdivision (g)(4)(E)(i), then the department may bring an enforcement action in the chancery court of Davidson County to require the in-lieu fee sponsor to solicit proposals to procure appropriate mitigation credits from qualified third parties to provide for equivalent compensatory mitigation; (iii) For purposes of this subdivision (g)(4)(E), "equivalent compensatory mitigation" means mitigation equivalent, to the extent practicable as determined by the department, to the amount and nature of mitigation purchased by the original in-lieu fee payment; and (iv) Proposals received by the in-lieu fee sponsor pursuant to an action brought by the department pursuant to subdivision (g)(4)(E)(ii) must be submitted for approval by the in-lieu fee sponsor to the department. To the extent permitted by federal law, upon approval by the department and the purchase of such mitigation credits by the in-lieu fee sponsor, the in-lieu fee sponsor is considered to have performed the original required mitigation.
(A) The most stringent effluent limitations and schedules of compliance, either promulgated by the board, required to implement any applicable water quality standards, necessary to comply with an area-wide waste treatment plan, or necessary to comply with other state or federal laws or regulations;
(B) A definite term, not to exceed five (5) years, for which the permit is valid. This term is subject to provisions for modification, revocation, or suspension of the permit;
(C) Monitoring, recording, reporting, and inspection requirements;
(D) In the case of permits authorizing discharges from publicly owned treatment works, terms and conditions requiring the permittee to enforce user and cost recovery charges, pretreatment standards, and toxic effluent limitations applicable to industrial users discharging into the treatment works; and
(E) In the case of permits authorizing permanent impacts to waters of the state, provision for adequate compensatory mitigation to not result in a condition of pollution, by mitigation banking, permittee-responsible mitigation, or in-lieu fee payments as approved by the department: (i) No sponsor of an in-lieu fee instrument may accept in-lieu fee payments for a project in this state unless the sponsor's in-lieu fee instrument requires the sponsor, as to both new and previously sold in-lieu fee credits, to agree that the department may bring an enforcement action pursuant to subdivision (g)(4)(E)(ii) if the sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project; (ii) If an in-lieu fee sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project, and the sponsor's instrument complies with subdivision (g)(4)(E)(i), then the department may bring an enforcement action in the chancery court of Davidson County to require the in-lieu fee sponsor to solicit proposals to procure appropriate mitigation credits from qualified third parties to provide for equivalent compensatory mitigation; (iii) For purposes of this subdivision (g)(4)(E), "equivalent compensatory mitigation" means mitigation equivalent, to the extent practicable as determined by the department, to the amount and nature of mitigation purchased by the original in-lieu fee payment; and (iv) Proposals received by the in-lieu fee sponsor pursuant to an action brought by the department pursuant to subdivision (g)(4)(E)(ii) must be submitted for approval by the in-lieu fee sponsor to the department. To the extent permitted by federal law, upon approval by the department and the purchase of such mitigation credits by the in-lieu fee sponsor, the in-lieu fee sponsor is considered to have performed the original required mitigation.
(i) No sponsor of an in-lieu fee instrument may accept in-lieu fee payments for a project in this state unless the sponsor's in-lieu fee instrument requires the sponsor, as to both new and previously sold in-lieu fee credits, to agree that the department may bring an enforcement action pursuant to subdivision (g)(4)(E)(ii) if the sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project;
(ii) If an in-lieu fee sponsor fails to complete land acquisition and initial physical and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, unless the district engineer for the United States army corps of engineers determines that more or less time is needed to plan and implement an in-lieu fee project, and the sponsor's instrument complies with subdivision (g)(4)(E)(i), then the department may bring an enforcement action in the chancery court of Davidson County to require the in-lieu fee sponsor to solicit proposals to procure appropriate mitigation credits from qualified third parties to provide for equivalent compensatory mitigation;
(iii) For purposes of this subdivision (g)(4)(E), "equivalent compensatory mitigation" means mitigation equivalent, to the extent practicable as determined by the department, to the amount and nature of mitigation purchased by the original in-lieu fee payment; and
(iv) Proposals received by the in-lieu fee sponsor pursuant to an action brought by the department pursuant to subdivision (g)(4)(E)(ii) must be submitted for approval by the in-lieu fee sponsor to the department. To the extent permitted by federal law, upon approval by the department and the purchase of such mitigation credits by the in-lieu fee sponsor, the in-lieu fee sponsor is considered to have performed the original required mitigation.
(5) Underground injection activities authorized by rule are not subject to a definite term.
(h) The commissioner may revoke, suspend, or modify any permit for cause, including: (1) Violation of any terms or conditions of the permit or of any provision of this part; (2) Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or (3) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.
(1) Violation of any terms or conditions of the permit or of any provision of this part;
(2) Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or
(3) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.
(i) No permit under subsection (g) or (h) for the construction of any new outlet or for construction activities involved in the development of natural resources, for the construction of a new waste treatment system or for the modification or extension of an existing waste treatment system shall be issued by the commissioner until the plans have first been submitted to and approved by the commissioner. No such approval shall be construed as creating a presumption of correct operation nor as warranting by the commissioner that the approved facilities will reach the designated goals. If an environmental impact statement is required for any permit, the commissioner may require the applicant to pay for its preparation. Any such impact statement must also include and address economic and social impact.
(j) Any permit procedure or other action required by or undertaken in accordance with this section or part shall be conducted in accordance with title 13, chapter 18, when the permit or action involves a major energy project, as defined in § 13-18-102 .
(k) Nothing in this section shall be construed to limit or circumscribe the authority of the commissioner to issue emergency orders as specified in § 69-3-109 .
(l) Where the commissioner finds that a category of activities or discharges would be appropriately regulated under a general permit, the commissioner may issue such a permit. Any person conducting activities in the category covered by a general permit shall not be required to file individual applications for permits except as provided in specific requirements of the general permit. Any person conducting activities covered under a general permit may be required by the commissioner to file an application for any individual permit. Upon the issuance of an individual permit to a person with a general permit, the applicability of the general permit to that permitted activity or discharge shall be terminated. Any person who holds an individual permit for an activity or discharge covered under a general permit may request that the individual permit be revoked. Upon such revocation, the activity or discharge shall become subject to the general permit.
(m) Notwithstanding subsection (g), upon application by a person who discharges into groundwaters of the state and who is subject to a permit issued pursuant to the Hazardous Waste Management Act, compiled in title 68, chapter 212, the commissioner may issue variances from the applicable water quality standards, criteria, or classification for groundwater; provided, that: (1) The waters to which the variance applies are not used as a current source of drinking water and such use is not reasonably anticipated for the term of the variance and a reasonable time thereafter; (2) The applicant demonstrates that such discharges will not pose a substantial present or potential hazard to human health or the environment as defined in Tenn. Comp. R. & Reg. 1200-01-11-.06(6)(e)(2) (reserved) in effect on April 1, 1988, and will not impair any actual, current uses other than those affected by the variance; (3) Variances will be effective for a specific term, not to exceed the effective term of the permit; (4) The variance is consistent with the Federal Water Pollution Control Act ( 33 U.S.C. § 1251 et seq.), and the federal Safe Drinking Water Act ( 42 U.S.C. § 300f et seq.); and (5) The variance provided for under this subsection (m) shall be applied for and issued in accordance with procedures regarding the issuance of permits as required by regulations issued under this chapter.
(1) The waters to which the variance applies are not used as a current source of drinking water and such use is not reasonably anticipated for the term of the variance and a reasonable time thereafter;
(2) The applicant demonstrates that such discharges will not pose a substantial present or potential hazard to human health or the environment as defined in Tenn. Comp. R. & Reg. 1200-01-11-.06(6)(e)(2) (reserved) in effect on April 1, 1988, and will not impair any actual, current uses other than those affected by the variance;
(3) Variances will be effective for a specific term, not to exceed the effective term of the permit;
(4) The variance is consistent with the Federal Water Pollution Control Act ( 33 U.S.C. § 1251 et seq.), and the federal Safe Drinking Water Act ( 42 U.S.C. § 300f et seq.); and
(5) The variance provided for under this subsection (m) shall be applied for and issued in accordance with procedures regarding the issuance of permits as required by regulations issued under this chapter.
(n) (1) A chief administrative officer of a county highway department does not violate this chapter by repairing or causing the repair of up to four hundred feet (400') of highway or road in an emergency situation, if immediate repairs are necessary to protect human safety and welfare, and if such repairs comply with rules and regulations promulgated by the board that regulate the manner in which the repairs are made. Such officer need not obtain a permit prior to making such repairs under such circumstances. (2) As soon as practicable, the chief administrative officer of a county highway department shall notify the commissioner by telephone that an emergency has arisen and that such chief administrative officer intends to make repairs in response to such emergency. The giving of such notice shall not be construed to authorize the commissioner to terminate such repairs. (3) Within ten (10) days of the completion of any highway or road repair made pursuant to this subsection (n), the chief administrative officer of the county highway department ordering such repair shall notify the commissioner, in writing, of the action taken and the nature of the emergency necessitating such immediate repair.
(1) A chief administrative officer of a county highway department does not violate this chapter by repairing or causing the repair of up to four hundred feet (400') of highway or road in an emergency situation, if immediate repairs are necessary to protect human safety and welfare, and if such repairs comply with rules and regulations promulgated by the board that regulate the manner in which the repairs are made. Such officer need not obtain a permit prior to making such repairs under such circumstances.
(2) As soon as practicable, the chief administrative officer of a county highway department shall notify the commissioner by telephone that an emergency has arisen and that such chief administrative officer intends to make repairs in response to such emergency. The giving of such notice shall not be construed to authorize the commissioner to terminate such repairs.
(3) Within ten (10) days of the completion of any highway or road repair made pursuant to this subsection (n), the chief administrative officer of the county highway department ordering such repair shall notify the commissioner, in writing, of the action taken and the nature of the emergency necessitating such immediate repair.
(o) The following activities do not require a permit under this section: (1) The removal of downed trees by dragging or winching and without grading or reshaping of the stream channel; (2) The placement of downed trees on stream banks for erosion protection; and (3) The planting of vegetation on stream banks.
(1) The removal of downed trees by dragging or winching and without grading or reshaping of the stream channel;
(2) The placement of downed trees on stream banks for erosion protection; and
(3) The planting of vegetation on stream banks.
(p) Unless the applicant agrees otherwise, when an individual landowner applies for a permit for debris removal or stream bank stabilization activities, the commissioner shall either issue or deny the permit or take action scheduling a public hearing on the application within sixty (60) days of receipt of a complete application; provided further, however, that the staff of the division will communicate orally or in writing to the applicant within fifteen (15) days of receipt of any such application.
(q) (1) The alteration of a wet weather conveyance, as defined in § 69-3-103 , by any activity is permitted by this subsection (q) and shall require no notice or approval; provided, that it is done in accordance with all of the following conditions: (A) The activity may not result in the discharge of waste or other substances that may be harmful to humans or wildlife; (B) Material may not be placed in a location or manner so as to impair surface water flow into or out of any wetland area; (C) (i) Sediment shall be prevented from entering other waters of the state; (ii) Erosion and sediment controls shall be designed according to the size and slope of disturbed or drainage areas to detain runoff and trap sediment and shall be properly selected, installed, and maintained in accordance with the manufacturer's specifications and good engineering practices; (iii) Erosion and sediment control measures shall be in place and functional before earth moving operations begin, and shall be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the work day, but shall be replaced at the end of the work day; (iv) Checkdams shall be utilized where runoff is concentrated. Clean rock, log, sandbag or straw bale checkdams shall be properly constructed to detain runoff and trap sediment. Checkdams or other erosion control devices are not to be constructed in stream. Clean rock can be of various type and size, depending on the application. Clean rock shall not contain fines, soils or other wastes or contaminants; and (D) Appropriate steps shall be taken to ensure that petroleum products or other chemical pollutants are prevented from entering waters of the state. All spills shall be reported to the appropriate emergency management agency and to the division. In the event of a spill, measures shall be taken immediately to prevent pollution of waters of the state, including groundwater. (2) There shall be no additional conditions upon a person's activity within a wet weather conveyance. This subdivision (q)(2) does not apply to national pollutant discharge elimination system (NPDES) permits.
(1) The alteration of a wet weather conveyance, as defined in § 69-3-103 , by any activity is permitted by this subsection (q) and shall require no notice or approval; provided, that it is done in accordance with all of the following conditions: (A) The activity may not result in the discharge of waste or other substances that may be harmful to humans or wildlife; (B) Material may not be placed in a location or manner so as to impair surface water flow into or out of any wetland area; (C) (i) Sediment shall be prevented from entering other waters of the state; (ii) Erosion and sediment controls shall be designed according to the size and slope of disturbed or drainage areas to detain runoff and trap sediment and shall be properly selected, installed, and maintained in accordance with the manufacturer's specifications and good engineering practices; (iii) Erosion and sediment control measures shall be in place and functional before earth moving operations begin, and shall be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the work day, but shall be replaced at the end of the work day; (iv) Checkdams shall be utilized where runoff is concentrated. Clean rock, log, sandbag or straw bale checkdams shall be properly constructed to detain runoff and trap sediment. Checkdams or other erosion control devices are not to be constructed in stream. Clean rock can be of various type and size, depending on the application. Clean rock shall not contain fines, soils or other wastes or contaminants; and (D) Appropriate steps shall be taken to ensure that petroleum products or other chemical pollutants are prevented from entering waters of the state. All spills shall be reported to the appropriate emergency management agency and to the division. In the event of a spill, measures shall be taken immediately to prevent pollution of waters of the state, including groundwater.
(A) The activity may not result in the discharge of waste or other substances that may be harmful to humans or wildlife;
(B) Material may not be placed in a location or manner so as to impair surface water flow into or out of any wetland area;
(C) (i) Sediment shall be prevented from entering other waters of the state; (ii) Erosion and sediment controls shall be designed according to the size and slope of disturbed or drainage areas to detain runoff and trap sediment and shall be properly selected, installed, and maintained in accordance with the manufacturer's specifications and good engineering practices; (iii) Erosion and sediment control measures shall be in place and functional before earth moving operations begin, and shall be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the work day, but shall be replaced at the end of the work day; (iv) Checkdams shall be utilized where runoff is concentrated. Clean rock, log, sandbag or straw bale checkdams shall be properly constructed to detain runoff and trap sediment. Checkdams or other erosion control devices are not to be constructed in stream. Clean rock can be of various type and size, depending on the application. Clean rock shall not contain fines, soils or other wastes or contaminants; and
(i) Sediment shall be prevented from entering other waters of the state;
(ii) Erosion and sediment controls shall be designed according to the size and slope of disturbed or drainage areas to detain runoff and trap sediment and shall be properly selected, installed, and maintained in accordance with the manufacturer's specifications and good engineering practices;
(iii) Erosion and sediment control measures shall be in place and functional before earth moving operations begin, and shall be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the work day, but shall be replaced at the end of the work day;
(iv) Checkdams shall be utilized where runoff is concentrated. Clean rock, log, sandbag or straw bale checkdams shall be properly constructed to detain runoff and trap sediment. Checkdams or other erosion control devices are not to be constructed in stream. Clean rock can be of various type and size, depending on the application. Clean rock shall not contain fines, soils or other wastes or contaminants; and
(D) Appropriate steps shall be taken to ensure that petroleum products or other chemical pollutants are prevented from entering waters of the state. All spills shall be reported to the appropriate emergency management agency and to the division. In the event of a spill, measures shall be taken immediately to prevent pollution of waters of the state, including groundwater.
(2) There shall be no additional conditions upon a person's activity within a wet weather conveyance. This subdivision (q)(2) does not apply to national pollutant discharge elimination system (NPDES) permits.
(r) A person desiring to alter a specific water of the state may request a determination from the commissioner that it is a wet weather conveyance and submit a report from a qualified hydrologic professional in support of the request. If the report contains all information that is required in rules promulgated by the board, and in accordance with department procedures and guidance, and is certified by a qualified hydrologic professional to be true, accurate and complete and, if submitted after promulgation of the rules required by § 69-3-105(m) , contains all information that is required in those rules, then the determination made in the report shall be presumed to be correct, unless the commissioner notifies the person, in writing, within thirty (30) days of submittal of the report, that the commissioner has affirmatively determined that there is a significant question about whether the water of the state in question is a stream or a wet weather conveyance and states the reasons for that determination. In that event, the commissioner must, within thirty (30) days following the initial notification, determine whether the water of the state in question is a stream or a wet weather conveyance and notify the person in writing of that decision and the reasons for that determination. A person may appeal a determination by the commissioner that the specific water is a stream by filing a petition for appeal with the board within thirty (30) days of receiving the commissioner's decision. For purposes of this subsection (r), a qualified hydrologic professional is a person holding a bachelor's degree in biology, geology, ecology, engineering or related sciences, having at least five (5) years of relevant experience in making hydrologic determinations and who has been certified as a hydrologic professional pursuant to rules promulgated by the board.
(s) Any NPDES permit issued pursuant to this section to a local governmental entity administering a municipal separate storm sewer system shall not impose post-construction storm water requirements, except to the extent necessary to comply with the minimum requirements of federal law. Any such NPDES permit that includes numeric or narrative effluent limitations to manage post-construction storm water shall allow the local governmental entity administering a municipal separate storm sewer system discretion in selecting measures to meet any such effluent limitations. These numeric or narrative effluent limitations to manage post-construction stormwater shall be adopted by the board as rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(t) This state shall not require any local governmental entity that administers a municipal separate storm sewer system under a NPDES permit issued pursuant to this section to impose control measures for post-construction storm water that exceed the minimum requirements of federal law. Any local governmental entity that adopts control measures that exceed the minimum requirements of federal law must do so by ordinance or resolution, as appropriate, by the local legislative body upon a majority vote. This subsection (t) shall not apply to any ordinance or resolution in effect on April 23, 2016, but shall not preclude a local governmental entity that administers a municipal separate storm sewer system from making changes consistent with subsection (s) and this subsection (t). When a local governmental entity seeks coverage under any future version of the NPDES permit after April 23, 2016, such ordinance or resolution shall comply with subsection (s) and this subsection (t). The local government entity shall provide in writing the control measures that exceed federal minimum requirements to the local legislative body at least thirty (30) days in advance of a vote in order to provide for a public comment period.
(u) (1) Notwithstanding any other law, a person who has contracted for the right to store water in a reservoir owned by the U.S. Army Corps of Engineers shall have exclusive rights to any return flows generated directly or indirectly to that reservoir by the person. The rights conferred by this subsection (u) shall be subject to any regulatory requirements imposed by the commissioner and to the availability to the person of unused storage capacity within the reservoir to store such return flows. (2) As used in this subsection (u), "return flow" means water that is discharged directly or indirectly to a reservoir from a water reclamation facility.
(1) Notwithstanding any other law, a person who has contracted for the right to store water in a reservoir owned by the U.S. Army Corps of Engineers shall have exclusive rights to any return flows generated directly or indirectly to that reservoir by the person. The rights conferred by this subsection (u) shall be subject to any regulatory requirements imposed by the commissioner and to the availability to the person of unused storage capacity within the reservoir to store such return flows.
(2) As used in this subsection (u), "return flow" means water that is discharged directly or indirectly to a reservoir from a water reclamation facility.
(v) (1) Compliance with a NPDES permit issued under this section shall be deemed compliance for purposes of §§ 69-3-109 ; 69-3-114(a); 69-3-114(b) with respect to this part or any rule, regulation, or standard of water quality promulgated by the board; 69-3-115; 69-3-116; 69-3-117; and 69-3-118(a), except for any standard imposed under Section 307 of the Federal Water Pollution Control Act for a toxic pollutant injurious to human health. (2) Compliance includes the discharge of pollutants for which no standard or limit is set forth in the permit if: (A) The permit holder complies with applicable reporting and disclosure requirements under this part; and (B) The discharge of pollutants is disclosed to the department in such a manner that the discharge is within the reasonable contemplation of the department at the time of issuance of the final permit.
(1) Compliance with a NPDES permit issued under this section shall be deemed compliance for purposes of §§ 69-3-109 ; 69-3-114(a); 69-3-114(b) with respect to this part or any rule, regulation, or standard of water quality promulgated by the board; 69-3-115; 69-3-116; 69-3-117; and 69-3-118(a), except for any standard imposed under Section 307 of the Federal Water Pollution Control Act for a toxic pollutant injurious to human health.
(2) Compliance includes the discharge of pollutants for which no standard or limit is set forth in the permit if: (A) The permit holder complies with applicable reporting and disclosure requirements under this part; and (B) The discharge of pollutants is disclosed to the department in such a manner that the discharge is within the reasonable contemplation of the department at the time of issuance of the final permit.
(A) The permit holder complies with applicable reporting and disclosure requirements under this part; and
(B) The discharge of pollutants is disclosed to the department in such a manner that the discharge is within the reasonable contemplation of the department at the time of issuance of the final permit.
(w) Watershed activities conducted in accordance with a site-specific design developed through full application of the Natural Resource Conservation Service (NRCS) Conservation Practice Standard 580 (Tennessee) and NRCS Engineering Field Handbook, Chapter 16 Streambank and Shoreline Protection, and subject to NRCS oversight as a federal action, do not result in pollution and do not require compensatory mitigation. Such watershed activities shall be regulated under a general permit for aquatic alterations pursuant to subsection ( l ). The commissioner shall draft an initial general permit authorizing such watershed activities, conduct public notice in accordance with the board's rules, and issue the initial general permit no later than December 31, 2020. Thereafter, the commissioner shall ensure timely renewal of the general permit.
(x) (1) The department may issue an aquatic resource alteration permit to a person in connection with the removal of sand, gravel, and similar sediments or deposits from streams or wetlands. (2) A person who is issued a permit under this section associated with the commercial recovery of sand, gravel, and similar sediments or deposits, from a stream or wetland that is the property of this state is deemed to have received ownership of these materials from this state upon removal by the permittee from the stream or wetland and payment to this state as provided in subdivision (x)(3), notwithstanding the provisions of title 12 or another law to the contrary. (3) If the permittee removes sand, gravel, or similar sediments from property of this state, it shall compensate the state for two and one-half percent (2.5%) of the market value of the finished product. (4) The department shall not grant a permit associated with the removal of sand, gravel, or similar sediments from streams or wetlands located on private property unless the permit applicant owns the property, owns the mineral estate, or has received written consent from the private property owner, and has submitted documentation of such ownership or consent to the department.
(1) The department may issue an aquatic resource alteration permit to a person in connection with the removal of sand, gravel, and similar sediments or deposits from streams or wetlands.
(2) A person who is issued a permit under this section associated with the commercial recovery of sand, gravel, and similar sediments or deposits, from a stream or wetland that is the property of this state is deemed to have received ownership of these materials from this state upon removal by the permittee from the stream or wetland and payment to this state as provided in subdivision (x)(3), notwithstanding the provisions of title 12 or another law to the contrary.
(3) If the permittee removes sand, gravel, or similar sediments from property of this state, it shall compensate the state for two and one-half percent (2.5%) of the market value of the finished product.
(4) The department shall not grant a permit associated with the removal of sand, gravel, or similar sediments from streams or wetlands located on private property unless the permit applicant owns the property, owns the mineral estate, or has received written consent from the private property owner, and has submitted documentation of such ownership or consent to the department.
(y) The department shall not charge a permit application fee to a local government entity for a general aquatic resource alteration permit for emergency infrastructure repair, or a general aquatic resource alteration permit for maintenance activities, necessary to replace or otherwise maintain a culvert.
(z) (1) A person may engage a third-party water resources engineer to review engineering reports, plans, and specifications to construct, install, or modify a non-discharging treatment works or sewerage system, including the collection system, treatment facility, and land application components, pursuant to subdivision (b)(2). (2) After completion of the preliminary project discussion with the department, an applicant may engage a third-party water resources engineer to review the engineering report and preliminary plans. After the department has approved the engineering report and preliminary plans and granted site approval, the applicant may engage a third-party water resources engineer to review the final plans and specifications. Each review must be submitted by the person, or the person's designee, in a form acceptable to the department, and must include: (A) The appropriate fee, if a fee is required; (B) As applicable, a copy of the engineering report and preliminary plans, or the final plans and final specifications, each of which must be sealed; (C) The intended address, parcel number or numbers, and county of the property to be served by the non-discharging treatment works or sewerage system; (D) The basis of design for the non-discharging treatment works or sewerage system, including, as applicable, any modifications to the approved engineering report and any additional information required by the department; (E) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The engineer has reviewed the engineering report, plans, or specifications; (iii) As applicable, there are no remaining deficiencies with the copy of the engineering report and preliminary plans, or the final plans and final specifications; and (iv) All information is complete and complies with generally-accepted wastewater engineering practices; and (F) Such other information as the department may reasonably require. (3) A person may engage a third-party water resources engineer to conduct a final inspection of a non-discharging treatment works or sewerage system when construction has been completed. No later than ten (10) business days after completing the inspection, the person or the third-party water resources engineer who conducted the inspection shall submit the following to the department in a form required by the department: (A) The appropriate fee, if a fee is required; (B) A copy of the inspection report prepared by the third-party water resources engineer, including the permit number; (C) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) Whether the non-discharging sewerage system was installed in conformance with approved plans and specifications, or what necessary revisions and alterations were made to comply with the approved plans and specifications; (iii) There are no remaining deficiencies with the non-discharging treatment works or sewerage system; and (iv) All information is complete and complies with generally accepted wastewater engineering practices; and (D) Such other information as the department may reasonably require. (4) No later than ten (10) business days after receipt of the third-party water resources engineer's construction permit review or inspection report pursuant to this subsection (z), the department shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party water resources engineer and applicant; or (C) Request additional information needed to determine compliance with this part and the rules promulgated pursuant to this part. (5) If the department approves the construction permit review, then it shall issue conditional construction permit approval at the same time. Construction shall not commence until after issuance of the associated state operating permit. If the public comment period results in a state operating permit that requires changes to the approved construction permit, then the applicant shall submit revised plans and specifications to the department and receive department approval prior to commencing construction. (6) If the department approves the inspection report, then it shall approve the installed non-discharging treatment works or sewerage system at the same time it approves the inspection report. (7) If the department submits a report of deficiencies found in the third-party permit review or inspection report, or requests additional information, receipt by the department of a response to that request begins a new ten-business-day period for review. (8) If the department does not approve, reject, or request additional information concerning the permit review or inspection report within ten (10) business days of receipt, then the department shall refund the entire associated fee but still complete the review. (9) A third-party water resources engineer shall not conduct a construction permit review or inspection if the third-party water resources engineer has a conflict of interest. (10) In reviewing a third-party water resources engineer's construction permit review or inspection report filed pursuant to this subsection (z), the department's determination that a conflict of interest exists constitutes grounds for rejection. (11) The fee charged by the department for a third-party water resources engineer construction permit review or inspection must be the same amount charged by the department to perform the same services. (12) If the department rejects a third-party water resources engineer's plans review, the applicant may appeal that determination in accordance with § 69-3-105(i) . (13) This subsection (z) does not apply to plans for animal feeding operations.
(1) A person may engage a third-party water resources engineer to review engineering reports, plans, and specifications to construct, install, or modify a non-discharging treatment works or sewerage system, including the collection system, treatment facility, and land application components, pursuant to subdivision (b)(2).
(2) After completion of the preliminary project discussion with the department, an applicant may engage a third-party water resources engineer to review the engineering report and preliminary plans. After the department has approved the engineering report and preliminary plans and granted site approval, the applicant may engage a third-party water resources engineer to review the final plans and specifications. Each review must be submitted by the person, or the person's designee, in a form acceptable to the department, and must include: (A) The appropriate fee, if a fee is required; (B) As applicable, a copy of the engineering report and preliminary plans, or the final plans and final specifications, each of which must be sealed; (C) The intended address, parcel number or numbers, and county of the property to be served by the non-discharging treatment works or sewerage system; (D) The basis of design for the non-discharging treatment works or sewerage system, including, as applicable, any modifications to the approved engineering report and any additional information required by the department; (E) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The engineer has reviewed the engineering report, plans, or specifications; (iii) As applicable, there are no remaining deficiencies with the copy of the engineering report and preliminary plans, or the final plans and final specifications; and (iv) All information is complete and complies with generally-accepted wastewater engineering practices; and (F) Such other information as the department may reasonably require.
(A) The appropriate fee, if a fee is required;
(B) As applicable, a copy of the engineering report and preliminary plans, or the final plans and final specifications, each of which must be sealed;
(C) The intended address, parcel number or numbers, and county of the property to be served by the non-discharging treatment works or sewerage system;
(D) The basis of design for the non-discharging treatment works or sewerage system, including, as applicable, any modifications to the approved engineering report and any additional information required by the department;
(E) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The engineer has reviewed the engineering report, plans, or specifications; (iii) As applicable, there are no remaining deficiencies with the copy of the engineering report and preliminary plans, or the final plans and final specifications; and (iv) All information is complete and complies with generally-accepted wastewater engineering practices; and
(i) The name and registration number of the third-party water resources engineer;
(ii) The engineer has reviewed the engineering report, plans, or specifications;
(iii) As applicable, there are no remaining deficiencies with the copy of the engineering report and preliminary plans, or the final plans and final specifications; and
(iv) All information is complete and complies with generally-accepted wastewater engineering practices; and
(F) Such other information as the department may reasonably require.
(3) A person may engage a third-party water resources engineer to conduct a final inspection of a non-discharging treatment works or sewerage system when construction has been completed. No later than ten (10) business days after completing the inspection, the person or the third-party water resources engineer who conducted the inspection shall submit the following to the department in a form required by the department: (A) The appropriate fee, if a fee is required; (B) A copy of the inspection report prepared by the third-party water resources engineer, including the permit number; (C) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) Whether the non-discharging sewerage system was installed in conformance with approved plans and specifications, or what necessary revisions and alterations were made to comply with the approved plans and specifications; (iii) There are no remaining deficiencies with the non-discharging treatment works or sewerage system; and (iv) All information is complete and complies with generally accepted wastewater engineering practices; and (D) Such other information as the department may reasonably require.
(A) The appropriate fee, if a fee is required;
(B) A copy of the inspection report prepared by the third-party water resources engineer, including the permit number;
(C) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) Whether the non-discharging sewerage system was installed in conformance with approved plans and specifications, or what necessary revisions and alterations were made to comply with the approved plans and specifications; (iii) There are no remaining deficiencies with the non-discharging treatment works or sewerage system; and (iv) All information is complete and complies with generally accepted wastewater engineering practices; and
(i) The name and registration number of the third-party water resources engineer;
(ii) Whether the non-discharging sewerage system was installed in conformance with approved plans and specifications, or what necessary revisions and alterations were made to comply with the approved plans and specifications;
(iii) There are no remaining deficiencies with the non-discharging treatment works or sewerage system; and
(iv) All information is complete and complies with generally accepted wastewater engineering practices; and
(D) Such other information as the department may reasonably require.
(4) No later than ten (10) business days after receipt of the third-party water resources engineer's construction permit review or inspection report pursuant to this subsection (z), the department shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party water resources engineer and applicant; or (C) Request additional information needed to determine compliance with this part and the rules promulgated pursuant to this part.
(A) Approve the submission;
(B) Reject the submission and submit a report of deficiencies found in the submission to the third-party water resources engineer and applicant; or
(C) Request additional information needed to determine compliance with this part and the rules promulgated pursuant to this part.
(5) If the department approves the construction permit review, then it shall issue conditional construction permit approval at the same time. Construction shall not commence until after issuance of the associated state operating permit. If the public comment period results in a state operating permit that requires changes to the approved construction permit, then the applicant shall submit revised plans and specifications to the department and receive department approval prior to commencing construction.
(6) If the department approves the inspection report, then it shall approve the installed non-discharging treatment works or sewerage system at the same time it approves the inspection report.
(7) If the department submits a report of deficiencies found in the third-party permit review or inspection report, or requests additional information, receipt by the department of a response to that request begins a new ten-business-day period for review.
(8) If the department does not approve, reject, or request additional information concerning the permit review or inspection report within ten (10) business days of receipt, then the department shall refund the entire associated fee but still complete the review.
(9) A third-party water resources engineer shall not conduct a construction permit review or inspection if the third-party water resources engineer has a conflict of interest.
(10) In reviewing a third-party water resources engineer's construction permit review or inspection report filed pursuant to this subsection (z), the department's determination that a conflict of interest exists constitutes grounds for rejection.
(11) The fee charged by the department for a third-party water resources engineer construction permit review or inspection must be the same amount charged by the department to perform the same services.
(12) If the department rejects a third-party water resources engineer's plans review, the applicant may appeal that determination in accordance with § 69-3-105(i) .
(13) This subsection (z) does not apply to plans for animal feeding operations.
(aa) (1) For a general aquatic resource alteration permit to authorize wetland alterations, a person may engage a third-party wetland professional to review an application submitted pursuant to subdivision (b)(1) in lieu of department review. After the applicant has submitted an aquatic resource inventory and the department has concurred with this inventory, a third-party wetland professional may submit a permit application review to the department in a form required by the department. The permit application review must include: (A) The appropriate fee; (B) A copy of the completed application package; (C) A sworn statement under penalty of perjury by the third-party wetland professional, stating the following: (i) The name and registration number of the third-party wetland professional; (ii) The application complies with this part and the rules adopted pursuant to this part; (iii) The proposed activity is eligible for coverage under a specified general permit to authorize impacts on wetlands; (iv) There are no remaining deficiencies with the application; and (v) All information in the application is complete; and (D) Such other information as the department may reasonably require. (2) No later than ten (10) business days after receipt of the permit application review pursuant to this subsection (aa), the department shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party wetland professional and applicant; or (C) Request additional information needed to determine compliance with this part and the rules promulgated pursuant to this part. (3) If the department approves the permit application review, then it shall issue coverage under the applicable general permit at the same time. (4) If the department submits a report of deficiencies found in the submission, or requests additional information, receipt by the department of a substantive response to that request begins a new ten-business-day period for review. (5) If the department fails to approve, reject, or request additional information concerning the permit application review within ten (10) business days of submission, the department shall refund the entire associated fee but still complete the review. (6) A third-party wetland professional shall not conduct a permit application review if the third-party wetland professional has a conflict of interest. (7) In reviewing a third-party wetland professional's permit review filed pursuant to this subsection (aa), the department's determination that a conflict of interest exists constitutes grounds for rejection. (8) The fee charged by the department for a third-party wetland professional's permit review must be the same amount charged by the department to perform the same service. (9) If the department rejects a third-party wetland professional's permit review, the permit applicant may appeal that determination in accordance with § 69-3-105(i) .
(1) For a general aquatic resource alteration permit to authorize wetland alterations, a person may engage a third-party wetland professional to review an application submitted pursuant to subdivision (b)(1) in lieu of department review. After the applicant has submitted an aquatic resource inventory and the department has concurred with this inventory, a third-party wetland professional may submit a permit application review to the department in a form required by the department. The permit application review must include: (A) The appropriate fee; (B) A copy of the completed application package; (C) A sworn statement under penalty of perjury by the third-party wetland professional, stating the following: (i) The name and registration number of the third-party wetland professional; (ii) The application complies with this part and the rules adopted pursuant to this part; (iii) The proposed activity is eligible for coverage under a specified general permit to authorize impacts on wetlands; (iv) There are no remaining deficiencies with the application; and (v) All information in the application is complete; and (D) Such other information as the department may reasonably require.
(A) The appropriate fee;
(B) A copy of the completed application package;
(C) A sworn statement under penalty of perjury by the third-party wetland professional, stating the following: (i) The name and registration number of the third-party wetland professional; (ii) The application complies with this part and the rules adopted pursuant to this part; (iii) The proposed activity is eligible for coverage under a specified general permit to authorize impacts on wetlands; (iv) There are no remaining deficiencies with the application; and (v) All information in the application is complete; and
(i) The name and registration number of the third-party wetland professional;
(ii) The application complies with this part and the rules adopted pursuant to this part;
(iii) The proposed activity is eligible for coverage under a specified general permit to authorize impacts on wetlands;
(iv) There are no remaining deficiencies with the application; and
(v) All information in the application is complete; and
(D) Such other information as the department may reasonably require.
(2) No later than ten (10) business days after receipt of the permit application review pursuant to this subsection (aa), the department shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party wetland professional and applicant; or (C) Request additional information needed to determine compliance with this part and the rules promulgated pursuant to this part.
(A) Approve the submission;
(B) Reject the submission and submit a report of deficiencies found in the submission to the third-party wetland professional and applicant; or
(C) Request additional information needed to determine compliance with this part and the rules promulgated pursuant to this part.
(3) If the department approves the permit application review, then it shall issue coverage under the applicable general permit at the same time.
(4) If the department submits a report of deficiencies found in the submission, or requests additional information, receipt by the department of a substantive response to that request begins a new ten-business-day period for review.
(5) If the department fails to approve, reject, or request additional information concerning the permit application review within ten (10) business days of submission, the department shall refund the entire associated fee but still complete the review.
(6) A third-party wetland professional shall not conduct a permit application review if the third-party wetland professional has a conflict of interest.
(7) In reviewing a third-party wetland professional's permit review filed pursuant to this subsection (aa), the department's determination that a conflict of interest exists constitutes grounds for rejection.
(8) The fee charged by the department for a third-party wetland professional's permit review must be the same amount charged by the department to perform the same service.
(9) If the department rejects a third-party wetland professional's permit review, the permit applicant may appeal that determination in accordance with § 69-3-105(i) .
Amended by 2024 Tenn. Acts, ch. 771,s 8, eff. 10/1/2024.
Amended by 2023 Tenn. Acts, ch. 342, s 1, eff. 5/5/2023.
Amended by 2023 Tenn. Acts, ch. 85, s 1, eff. 3/31/2023.
Amended by 2021 Tenn. Acts, ch. 208, s 1, eff. 4/22/2021.
Amended by 2020 Tenn. Acts, ch. 589, s 1, eff. 3/20/2020.
Amended by 2019 Tenn. Acts, ch. 110, s 1, eff. 4/11/2019.
Amended by 2018 Tenn. Acts, ch. 845, s 1, eff. 4/26/2018.
Amended by 2018 Tenn. Acts, ch. 523, Secs.s 2, s 3eff. 2/28/2018.
Amended by 2018 Tenn. Acts, ch. 496, s 1, eff. 2/22/2018.
Amended by 2017 Tenn. Acts, ch. 293, s 2, eff. 3/1/2018.
Amended by 2017 Tenn. Acts, ch. 220, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1007, s 1, eff. 4/27/2016.
Acts 1971, ch. 164, § 7; 1971, ch. 386, § 2; 1973, ch. 105, § 1; 1977, ch. 366, § 1; 1980, ch. 647, §§ 1, 2; 1981, ch. 131, § 43; T.C.A., § 70-330; Acts 1983, ch. 38, § 1; 1984, ch. 804, § 6; 1988, ch. 688, §§ 3, 7; 1989, ch. 114, § 1; 1993, ch. 155, § 1; 1998, ch. 659, § 4; 1998, ch. 735, § 2; 2004, ch. 519, §1; 2009 , ch. 271, §1; 2009 , ch. 289, §2; 2009 , ch. 330, §1; 2009 , ch. 464, §§ 2, 5.
Tenn. Code Ann. § 69-3-132 — TN Code / Title 69 / Chapter 3 / Section 69-3-132
Advisory committee to assist removal of debris from streams and stabilization of stream banks
Status: in_force

There is hereby created an advisory committee to the division of water pollution control to advise and assist the division on procedures and policies concerning the application of this part to the removal of debris from streams and stabilization of stream banks. The members of the committee shall serve without compensation and shall be appointed by the commissioner to include representatives from local government, farmers, the natural resource conservation service, the University of Tennessee extension, and environmental groups. Meetings of this committee shall be held in counties with a large number of situations where these activities are needed. Acts 1998, ch. 659, § 3; 2004, ch. 517, § 14.
There is hereby created an advisory committee to the division of water pollution control to advise and assist the division on procedures and policies concerning the application of this part to the removal of debris from streams and stabilization of stream banks. The members of the committee shall serve without compensation and shall be appointed by the commissioner to include representatives from local government, farmers, the natural resource conservation service, the University of Tennessee extension, and environmental groups. Meetings of this committee shall be held in counties with a large number of situations where these activities are needed.
Acts 1998, ch. 659, § 3; 2004, ch. 517, § 14.
Tenn. Code Ann. § 69-4-106 — TN Code / Title 69 / Chapter 4 / Section 69-4-106
Certain sections incorporated in chapter
Status: in_force

Sections 29-16-106 , 29-16-108 , 29-16-109 , 29-16-112 , 29-16-113 , 29-16-117 - 29-16-119, and 29-16-121 shall apply to and be taken and construed as parts of this chapter, insofar as they are applicable to the purposes of this chapter. Acts 1871, ch. 131, § 16; Shan., § 3869; Code 1932, § 4207; T.C.A. (orig. ed.), § 70-615; T.C.A. § 69-5-106 .
Sections 29-16-106 , 29-16-108 , 29-16-109 , 29-16-112 , 29-16-113 , 29-16-117 - 29-16-119, and 29-16-121 shall apply to and be taken and construed as parts of this chapter, insofar as they are applicable to the purposes of this chapter.
Acts 1871, ch. 131, § 16; Shan., § 3869; Code 1932, § 4207; T.C.A. (orig. ed.), § 70-615; T.C.A. § 69-5-106 .
Tenn. Code Ann. § 69-5-723 — TN Code / Title 69 / Chapter 5 / Section 69-5-723
Improvements may be limited to what parties desire
Status: in_force

The improvement in the drainage districts provided for in this chapter may consist solely, if so desired by those concerned, in the changing in whole or in part of the course or channel of a natural watercourse, or in straightening, as far as practicable, such watercourse and cleaning out so much of its natural channel as it is desired to utilize; or the improvement in such drainage district may, in addition to the main ditch, or drain, or channel, include such other lateral and other ditches and levees as may be deemed proper or necessary. Acts 1909, ch. 185, § 25; Shan., § 3871a105; Code 1932, § 4333; T.C.A. (orig. ed.), § 70-1230; T.C.A. § 69-6-723.
The improvement in the drainage districts provided for in this chapter may consist solely, if so desired by those concerned, in the changing in whole or in part of the course or channel of a natural watercourse, or in straightening, as far as practicable, such watercourse and cleaning out so much of its natural channel as it is desired to utilize; or the improvement in such drainage district may, in addition to the main ditch, or drain, or channel, include such other lateral and other ditches and levees as may be deemed proper or necessary.
Acts 1909, ch. 185, § 25; Shan., § 3871a105; Code 1932, § 4333; T.C.A. (orig. ed.), § 70-1230; T.C.A. § 69-6-723.
Tenn. Code Ann. § 69-11-122 — TN Code / Title 69 / Chapter 11 / Section 69-11-122
Actions for civil penalties or injunctions
Status: in_force

It is the duty of the district attorneys general in the various districts throughout the state, or the attorney general and reporter, upon the request of the commissioner, to bring an action for the recovery of the penalties provided for in § 69-11-121 and to bring an action for a restraining order, temporary or permanent injunction, against any person violating or threatening to violate any of the provisions of this chapter or violating or threatening to violate any order or determination promulgated pursuant to this chapter. Acts 1973, ch. 182, § 12; T.C.A., § 70-2527; T.C.A. § 69-12-122.
It is the duty of the district attorneys general in the various districts throughout the state, or the attorney general and reporter, upon the request of the commissioner, to bring an action for the recovery of the penalties provided for in § 69-11-121 and to bring an action for a restraining order, temporary or permanent injunction, against any person violating or threatening to violate any of the provisions of this chapter or violating or threatening to violate any order or determination promulgated pursuant to this chapter.
Acts 1973, ch. 182, § 12; T.C.A., § 70-2527; T.C.A. § 69-12-122.
Tenn. Code Ann. § 69-1-107 — TN Code / Title 69 / Chapter 1 / Section 69-1-107
Obstructing river - Penalty
Status: in_force

(a) Any person who obstructs the navigation of the main channel of any navigable river or other stream, by building mills, erecting dams or locks, in or across the same, unless authorized by law, or by any other means whatever, shall be liable to a penalty of two hundred fifty dollars ($250), one half (½) to the use of the person who sues for it and the other one half (½) to the use of the state. (b) In addition to the civil penalty in subsection (a), such obstruction of the main channel of any navigable river or other stream is a Class C misdemeanor. Code 1858, § 1305 (deriv. Acts 1819, ch. 63, § 4); Shan., § 1814; Code 1932, § 3080; T.C.A. (orig. ed.), § 70-107; Acts 1989, ch. 591, § 113.
(a) Any person who obstructs the navigation of the main channel of any navigable river or other stream, by building mills, erecting dams or locks, in or across the same, unless authorized by law, or by any other means whatever, shall be liable to a penalty of two hundred fifty dollars ($250), one half (½) to the use of the person who sues for it and the other one half (½) to the use of the state.
(b) In addition to the civil penalty in subsection (a), such obstruction of the main channel of any navigable river or other stream is a Class C misdemeanor.
Code 1858, § 1305 (deriv. Acts 1819, ch. 63, § 4); Shan., § 1814; Code 1932, § 3080; T.C.A. (orig. ed.), § 70-107; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 69-1-106 — TN Code / Title 69 / Chapter 1 / Section 69-1-106
Compensation of supervisor
Status: in_force

The county legislative body shall allow the supervisor a reasonable compensation for services, to be paid out of any money in the county treasury. Code 1858, § 1304; Shan., § 1813; Code 1932, § 3079; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-106.
The county legislative body shall allow the supervisor a reasonable compensation for services, to be paid out of any money in the county treasury.
Code 1858, § 1304; Shan., § 1813; Code 1932, § 3079; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-106.
Tenn. Code Ann. § 69-6-134 — TN Code / Title 69 / Chapter 6 / Section 69-6-134
Report of benefits and costs
Status: in_force

(a) The commissioners shall study the plans for the proposed improvement and the cost of the same. They shall then go upon the lands within the district for the purpose of determining to what extent and in what proportion the lands affected by such project will be benefited accordingly. They will apportion the cost of the proposed project, including the cost of maintenance, for a period of not more than twenty (20) years among the lands benefited; except that maintenance costs shall be provided for throughout the period during which the credit of the district is pledged, or special assessments or taxes levied for the use and benefit of any project. (b) The commissioners shall report their actions in writing to the court, and in the report they shall set forth in detail their conclusions and findings, listing the lands benefited by the names of their owners, acreage and description and the lump sum assessment for benefits against each tract of land, if such assessment were paid in cash, and also, the amount of the annual assessments required upon each tract, if the cost is to be defrayed by bonds or other obligations of the district for the period of years over which such bonds or obligations are payable. The proposed assessment shall also include interest and other costs in connection with such bonds or obligations. Acts 1955, ch. 112, § 23; T.C.A., § 70-1834; T.C.A. § 69-7-134.
(a) The commissioners shall study the plans for the proposed improvement and the cost of the same. They shall then go upon the lands within the district for the purpose of determining to what extent and in what proportion the lands affected by such project will be benefited accordingly. They will apportion the cost of the proposed project, including the cost of maintenance, for a period of not more than twenty (20) years among the lands benefited; except that maintenance costs shall be provided for throughout the period during which the credit of the district is pledged, or special assessments or taxes levied for the use and benefit of any project.
(b) The commissioners shall report their actions in writing to the court, and in the report they shall set forth in detail their conclusions and findings, listing the lands benefited by the names of their owners, acreage and description and the lump sum assessment for benefits against each tract of land, if such assessment were paid in cash, and also, the amount of the annual assessments required upon each tract, if the cost is to be defrayed by bonds or other obligations of the district for the period of years over which such bonds or obligations are payable. The proposed assessment shall also include interest and other costs in connection with such bonds or obligations.
Acts 1955, ch. 112, § 23; T.C.A., § 70-1834; T.C.A. § 69-7-134.
Tenn. Code Ann. § 69-5-832 — TN Code / Title 69 / Chapter 5 / Section 69-5-832
Assessments collectible out of assessed lands only
Status: in_force

The assessments shall, if not paid by the owners of the land assessed, be collected only out of the land so assessed for improvement purposes, and shall not be collected, by distress warrant or otherwise, out of any other property, real or personal, of the owners of the land so assessed. Acts 1909, ch. 185, § 34; Shan., § 3871a135; Code 1932, § 4367; T.C.A. (orig. ed.), § 70-1336; T.C.A. § 69-6-832.
The assessments shall, if not paid by the owners of the land assessed, be collected only out of the land so assessed for improvement purposes, and shall not be collected, by distress warrant or otherwise, out of any other property, real or personal, of the owners of the land so assessed.
Acts 1909, ch. 185, § 34; Shan., § 3871a135; Code 1932, § 4367; T.C.A. (orig. ed.), § 70-1336; T.C.A. § 69-6-832.
Tenn. Code Ann. § 69-6-144 — TN Code / Title 69 / Chapter 6 / Section 69-6-144
Ad valorem tax by general assembly
Status: in_force

In addition to the methods of financing authorized in this chapter, administrative costs of the district as well as the cost of any general plan, improvement, project, program or work benefiting all lands in the district generally may be financed by an ad valorem tax levied by special or private acts of the general assembly upon all the lands in the district. Acts 1955, ch. 112, § 29; T.C.A., § 70-1844; T.C.A. § 69-7-144.
In addition to the methods of financing authorized in this chapter, administrative costs of the district as well as the cost of any general plan, improvement, project, program or work benefiting all lands in the district generally may be financed by an ad valorem tax levied by special or private acts of the general assembly upon all the lands in the district.
Acts 1955, ch. 112, § 29; T.C.A., § 70-1844; T.C.A. § 69-7-144.
Tenn. Code Ann. § 69-5-508 — TN Code / Title 69 / Chapter 5 / Section 69-5-508
Costs
Status: in_force

On appeals under this part, it shall rest in the discretion of the circuit court how the costs shall be adjudged and distributed among the litigants. Acts 1909, ch. 185, §8; Shan., § 3871a46; Code 1932, § 4263; T.C.A. (orig. ed.), § 70-1108; T.C.A. § 69-6-508.
On appeals under this part, it shall rest in the discretion of the circuit court how the costs shall be adjudged and distributed among the litigants.
Acts 1909, ch. 185, §8; Shan., § 3871a46; Code 1932, § 4263; T.C.A. (orig. ed.), § 70-1108; T.C.A. § 69-6-508.
Tenn. Code Ann. § 69-11-102 — TN Code / Title 69 / Chapter 11 / Section 69-11-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context requires otherwise: (1) "Alterations," or "repairs," or either of them, means only such alterations or repairs that may affect the safety of the dam or reservoir, as determined by the commissioner; (2) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representatives, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner; (3) "Dam" means any artificial barrier, together with appurtenant works, that does or may impound or divert water, and that either: (A) Is or will be twenty feet (20') or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner; or (B) Has or will have an impounding capacity at maximum water storage elevation of thirty (30) acre-feet or more. Any such barrier that is or will be less than six feet (6') in height, regardless of storage capacity, or that has or will have a maximum storage capacity not in excess of fifteen (15) acre-feet, regardless of height, is not considered a dam, nor shall any barrier, regardless of size, be considered a dam, if, in the judgment of the commissioner, such barrier creates an impoundment used only as a farm pond. "Diversion weirs," "roadbeds," "water tanks," and "wastewater impoundment barriers" as defined in this section are not dams; (4) "Days" means calendar days, including Sundays and holidays; (5) "Division" means the division of water management of the department of environment and conservation; (6) "Diversion weir" means a structure substantially within the bed of a stream, designed to impound water only during low flow conditions, and that would not cause substantial overflow of water onto the downstream floodplain in the event of failure; (7) "Enlargement" means any change in, or addition to, an existing dam or reservoir, that does or may raise the water storage elevation of the dam; (8) "Farm pond" means any impoundment used only for providing water for agricultural and domestic purposes for the owner or occupant of the farm, the owner's or occupant's family, and invited guests, such as livestock and poultry watering, irrigation of crops, recreation, and conservation, but does not include any impoundment for which the water, or privileges or products of the water, are available to the general public; (9) "Owner" means any person who owns an interest in, controls, or operates a dam; (10) "Person" means any individual, firm, association, organization, partnership, business trust corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the state of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. "Person" does not include the United States government nor any agency owned by the United States or any agency thereof, nor those who own a dam or reservoir leased to or operated by the United States or an agency thereof, nor those dams licensed by the federal power commission; (11) "Reservoir" means any basin that contains or will contain the water impounded by a dam; (12) "Roadbed" means the earth support work of a road that is not intended to impound water and that does not impound water continuously; (13) "Wastewater impoundment barrier" means an artificial barrier impounding a body of wastewater for the purpose of treatment and designed so that no surface runoff from areas adjacent to the barrier is introduced into the impoundment; (14) "Water" means that liquid, including solids or other matter dissolved or suspended in the liquid, that is or will be impounded; (15) "Water storage elevation" means the maximum elevation of water surface that can be obtained by the dam or reservoir; and (16) "Water tank" means a vessel designed and used to hold water. Acts 1973, ch. 182, § 2; T.C.A., § 70-2502; Acts 1984, ch. 805, §1; 1987, ch. 123, §§ 1, 2; T.C.A. § 69-12-102.
As used in this chapter, unless the context requires otherwise:
(1) "Alterations," or "repairs," or either of them, means only such alterations or repairs that may affect the safety of the dam or reservoir, as determined by the commissioner;
(2) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representatives, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner;
(3) "Dam" means any artificial barrier, together with appurtenant works, that does or may impound or divert water, and that either: (A) Is or will be twenty feet (20') or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner; or (B) Has or will have an impounding capacity at maximum water storage elevation of thirty (30) acre-feet or more. Any such barrier that is or will be less than six feet (6') in height, regardless of storage capacity, or that has or will have a maximum storage capacity not in excess of fifteen (15) acre-feet, regardless of height, is not considered a dam, nor shall any barrier, regardless of size, be considered a dam, if, in the judgment of the commissioner, such barrier creates an impoundment used only as a farm pond. "Diversion weirs," "roadbeds," "water tanks," and "wastewater impoundment barriers" as defined in this section are not dams;
(A) Is or will be twenty feet (20') or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner; or
(B) Has or will have an impounding capacity at maximum water storage elevation of thirty (30) acre-feet or more. Any such barrier that is or will be less than six feet (6') in height, regardless of storage capacity, or that has or will have a maximum storage capacity not in excess of fifteen (15) acre-feet, regardless of height, is not considered a dam, nor shall any barrier, regardless of size, be considered a dam, if, in the judgment of the commissioner, such barrier creates an impoundment used only as a farm pond. "Diversion weirs," "roadbeds," "water tanks," and "wastewater impoundment barriers" as defined in this section are not dams;
(4) "Days" means calendar days, including Sundays and holidays;
(5) "Division" means the division of water management of the department of environment and conservation;
(6) "Diversion weir" means a structure substantially within the bed of a stream, designed to impound water only during low flow conditions, and that would not cause substantial overflow of water onto the downstream floodplain in the event of failure;
(7) "Enlargement" means any change in, or addition to, an existing dam or reservoir, that does or may raise the water storage elevation of the dam;
(8) "Farm pond" means any impoundment used only for providing water for agricultural and domestic purposes for the owner or occupant of the farm, the owner's or occupant's family, and invited guests, such as livestock and poultry watering, irrigation of crops, recreation, and conservation, but does not include any impoundment for which the water, or privileges or products of the water, are available to the general public;
(9) "Owner" means any person who owns an interest in, controls, or operates a dam;
(10) "Person" means any individual, firm, association, organization, partnership, business trust corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the state of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. "Person" does not include the United States government nor any agency owned by the United States or any agency thereof, nor those who own a dam or reservoir leased to or operated by the United States or an agency thereof, nor those dams licensed by the federal power commission;
(11) "Reservoir" means any basin that contains or will contain the water impounded by a dam;
(12) "Roadbed" means the earth support work of a road that is not intended to impound water and that does not impound water continuously;
(13) "Wastewater impoundment barrier" means an artificial barrier impounding a body of wastewater for the purpose of treatment and designed so that no surface runoff from areas adjacent to the barrier is introduced into the impoundment;
(14) "Water" means that liquid, including solids or other matter dissolved or suspended in the liquid, that is or will be impounded;
(15) "Water storage elevation" means the maximum elevation of water surface that can be obtained by the dam or reservoir; and
(16) "Water tank" means a vessel designed and used to hold water.
Acts 1973, ch. 182, § 2; T.C.A., § 70-2502; Acts 1984, ch. 805, §1; 1987, ch. 123, §§ 1, 2; T.C.A. § 69-12-102.
Tenn. Code Ann. § 69-6-130 — TN Code / Title 69 / Chapter 6 / Section 69-6-130
Hearing on petition - Publication of notice - Objections
Status: in_force

(a) Upon the filing of a project petition, the court in which the petition is filed shall set a day for the hearing and direct that publication be made as to all landowners, lienholders, encumbrancers, mortgagees, occupants, or other persons interested in any way in the lands to be affected by the proposed improvement in some newspaper of general circulation published in each county in which are located lands affected by the proposed project, the publications to be run once a week for three (3) consecutive weeks, the last of which shall be at least ten (10) days before the date set for the hearing. (b) Such publication shall: (1) Notify the interested persons and landowners of the general nature and scope of the proposed project, the estimated cost of the project, the proposed method for the payment of the cost and the time and place of the hearing, and shall notify them to appear and show cause why such project should not be approved and performed and the cost provided or apportioned in accordance with the prayer of the petition; and (2) Set forth the names of the owners of the lands in the area affected by the proposed project to the best of the information and belief of the board, but such publication need not set forth the names of the persons concerned other than as owners of the lands affected. (c) The notice of publication shall have the same force and effect upon concerned non-landowners as landowners whether they are specifically named or not, and whether they are residents or nonresidents of the state of Tennessee, for all purposes of the proceedings as process would have, if such process were issued from a court and served personally upon the defendants, named or unnamed, by a qualified officer of the law. (d) The landowners or other interested persons shall make their appearance in person or by attorney on or before the time set for such hearing and file in writing any objections that they may have to such proposed project or the proposed method of financing such project. Acts 1955, ch. 112, § 21; T.C.A., § 70-1830; T.C.A. § 69-7-130.
(a) Upon the filing of a project petition, the court in which the petition is filed shall set a day for the hearing and direct that publication be made as to all landowners, lienholders, encumbrancers, mortgagees, occupants, or other persons interested in any way in the lands to be affected by the proposed improvement in some newspaper of general circulation published in each county in which are located lands affected by the proposed project, the publications to be run once a week for three (3) consecutive weeks, the last of which shall be at least ten (10) days before the date set for the hearing.
(b) Such publication shall: (1) Notify the interested persons and landowners of the general nature and scope of the proposed project, the estimated cost of the project, the proposed method for the payment of the cost and the time and place of the hearing, and shall notify them to appear and show cause why such project should not be approved and performed and the cost provided or apportioned in accordance with the prayer of the petition; and (2) Set forth the names of the owners of the lands in the area affected by the proposed project to the best of the information and belief of the board, but such publication need not set forth the names of the persons concerned other than as owners of the lands affected.
(1) Notify the interested persons and landowners of the general nature and scope of the proposed project, the estimated cost of the project, the proposed method for the payment of the cost and the time and place of the hearing, and shall notify them to appear and show cause why such project should not be approved and performed and the cost provided or apportioned in accordance with the prayer of the petition; and
(2) Set forth the names of the owners of the lands in the area affected by the proposed project to the best of the information and belief of the board, but such publication need not set forth the names of the persons concerned other than as owners of the lands affected.
(c) The notice of publication shall have the same force and effect upon concerned non-landowners as landowners whether they are specifically named or not, and whether they are residents or nonresidents of the state of Tennessee, for all purposes of the proceedings as process would have, if such process were issued from a court and served personally upon the defendants, named or unnamed, by a qualified officer of the law.
(d) The landowners or other interested persons shall make their appearance in person or by attorney on or before the time set for such hearing and file in writing any objections that they may have to such proposed project or the proposed method of financing such project.
Acts 1955, ch. 112, § 21; T.C.A., § 70-1830; T.C.A. § 69-7-130.
Tenn. Code Ann. § 69-11-118 — TN Code / Title 69 / Chapter 11 / Section 69-11-118
Hearings before commissioner
Status: in_force

(a) Except as provided in § 69-11-117 regarding emergency situations, any person aggrieved by any order, determination, regulation, or ruling of the commissioner may, within sixty (60) days of the effective date of such order, determination, regulation, or ruling, make application to the commissioner for a hearing on the grievance. (b) Any hearing or rehearing under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) A verbatim record of the proceedings of such hearings shall be taken. The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the commissioner to cover the costs of preparation. (d) In connection with the hearing, the commissioner shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. The commissioner may administer oaths and examine witnesses. Witnesses shall be reimbursed for all travel and other necessary expenses, which shall be claimed and paid in accordance with the prevailing travel regulations of the state. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of Davidson County or the chancery court of the county in which the hearing is conducted shall have jurisdiction, upon application of the commissioner, to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt. (e) On the basis of the evidence produced at the hearing, the commissioner shall make findings of fact and conclusions of law and enter such decisions and orders as in the commissioner's opinion will best further the purposes of this chapter, and shall give written notice of such decisions and orders to the petitioner. The decision issued under this subsection (e) shall be issued no later than thirty (30) days following the close of the hearing by the commissioner. (f) The decision of the commissioner shall become final and binding on all parties subject to judicial review as provided in § 4-5-322 . Acts 1973, ch. 182, § 10; T.C.A., § 70-2523; Acts 1984, ch. 805, § 7; 1985, ch. 408, § 1; T.C.A. § 69-12-118.
(a) Except as provided in § 69-11-117 regarding emergency situations, any person aggrieved by any order, determination, regulation, or ruling of the commissioner may, within sixty (60) days of the effective date of such order, determination, regulation, or ruling, make application to the commissioner for a hearing on the grievance.
(b) Any hearing or rehearing under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) A verbatim record of the proceedings of such hearings shall be taken. The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the commissioner to cover the costs of preparation.
(d) In connection with the hearing, the commissioner shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. The commissioner may administer oaths and examine witnesses. Witnesses shall be reimbursed for all travel and other necessary expenses, which shall be claimed and paid in accordance with the prevailing travel regulations of the state. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of Davidson County or the chancery court of the county in which the hearing is conducted shall have jurisdiction, upon application of the commissioner, to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt.
(e) On the basis of the evidence produced at the hearing, the commissioner shall make findings of fact and conclusions of law and enter such decisions and orders as in the commissioner's opinion will best further the purposes of this chapter, and shall give written notice of such decisions and orders to the petitioner. The decision issued under this subsection (e) shall be issued no later than thirty (30) days following the close of the hearing by the commissioner.
(f) The decision of the commissioner shall become final and binding on all parties subject to judicial review as provided in § 4-5-322 .
Acts 1973, ch. 182, § 10; T.C.A., § 70-2523; Acts 1984, ch. 805, § 7; 1985, ch. 408, § 1; T.C.A. § 69-12-118.