Tenn. Code Ann. § 68-203-104 — TN Code / Title 68 / Chapter 203 / Section 68-203-104
Fee schedules
Status: in_force

(a) (1) Notwithstanding any law to the contrary, upon receiving from the commissioner of finance and administration the approved work program allotments, as provided in § 9-4-5110 , for the department of environment and conservation, the commissioner of environment and conservation shall certify to the commissioner of finance and administration and to the promulgating authorities the amount of fees required by each program for the current fiscal year, based on the approved work program. Upon receipt of such certification, all such fee schedules shall be reviewed by the promulgating authority. (2) All fees and procedures for collecting fees shall be adopted pursuant to rulemaking procedures set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In adopting such rules, the promulgating authority shall consider detailed information regarding salary and staffing improvements and other costs to be funded by the proposed fee schedule or fee increases, as well as the current and proposed average response time to permit applications under that program. (3) After July 1, 2012, authorities responsible for setting fees shall not increase fees in any year general state revenues appropriated to the program have decreased from the previous year. (4) Pursuant to recommendations of the promulgating authority, and within sixty (60) days after receiving the certification of the amount of fees required by each program, the commissioner of environment and conservation shall submit to the commissioner of finance and administration an official estimate of fees to be collected by each program for the fiscal year. To the extent the estimate of fees for an individual program is less than the certified amount, the appropriation of fees for the program shall be reduced in the amount of the deficiency and the commissioner of finance and administration is directed to reduce the budget of the program accordingly. (5) It is the intention of the general assembly, for the purposes of this chapter, that any fees promulgated by rules and regulations authorized under this chapter be effective July 1, 1991. (b) In the third and all subsequent years, the fee schedule promulgated by each of the authorities listed in § 68-203-103(b) shall not, when added to their individual program fund balance from prior years, exceed one hundred fifty percent (150%) of the fees collected in the previous year by that authority. (c) The total of fees assessed and to be paid by any single permittee under each of the statutes listed under § 68-203-101(b) shall not exceed five percent (5%) of the total of all fees assessed under each of the statutes listed. (d) For each division of the department that administers one (1) or more of the statutes listed in § 68-203-101(b) , no promulgating authority shall establish a fee schedule that results in a ratio between state appropriations and environmental protection fees, exclusive of penalties and damages, in which the environmental protection fees constitute a higher percentage of the total funds expended by the division than the following ratios, which represents an approximation of the time spent by the divisions in activity that protects the public and the environment generally to that spent addressing a particular entity such as in technical assistance, permitting, inspection or enforcement: (1) For the divisions of air pollution control, radiological health and solid waste management: the percentage of environmental protection fees shall not constitute a higher percentage of the total fees and appropriations than they did in the fiscal year 1994-1995, as follows: (A) For the division of air pollution control: environmental protection fees, eighty-nine and nine-tenths percent (89.9%); state appropriations, ten and one-tenth percent (10.1%); (B) For the division of radiological health: environmental protection fees, ninety-one and five-tenths percent (91.5%); state appropriations, eight and five-tenths percent (8.5%); (C) For the division of solid waste management: environmental protection fees, seventy-seven and one-tenth percent (77.1%); state appropriations, twenty-two and nine-tenths percent (22.9%); and (2) For the division of water resources: environmental protection fees, fifty-eight percent (58%); state appropriations, forty-two percent (42%). Amended by 2014 Tenn. Acts, ch. 917, s 7, eff. 5/13/2014. Amended by 2013 Tenn. Acts, ch. 454, Secs.s 14, s 15 eff. 5/16/2013. Acts 1991, ch. 417, § 4; T.C.A., § 68-1-1304; Acts 1997 , ch. 471, § 1; 2009 , ch. 531, §§ 3, 4.
(a) (1) Notwithstanding any law to the contrary, upon receiving from the commissioner of finance and administration the approved work program allotments, as provided in § 9-4-5110 , for the department of environment and conservation, the commissioner of environment and conservation shall certify to the commissioner of finance and administration and to the promulgating authorities the amount of fees required by each program for the current fiscal year, based on the approved work program. Upon receipt of such certification, all such fee schedules shall be reviewed by the promulgating authority. (2) All fees and procedures for collecting fees shall be adopted pursuant to rulemaking procedures set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In adopting such rules, the promulgating authority shall consider detailed information regarding salary and staffing improvements and other costs to be funded by the proposed fee schedule or fee increases, as well as the current and proposed average response time to permit applications under that program. (3) After July 1, 2012, authorities responsible for setting fees shall not increase fees in any year general state revenues appropriated to the program have decreased from the previous year. (4) Pursuant to recommendations of the promulgating authority, and within sixty (60) days after receiving the certification of the amount of fees required by each program, the commissioner of environment and conservation shall submit to the commissioner of finance and administration an official estimate of fees to be collected by each program for the fiscal year. To the extent the estimate of fees for an individual program is less than the certified amount, the appropriation of fees for the program shall be reduced in the amount of the deficiency and the commissioner of finance and administration is directed to reduce the budget of the program accordingly. (5) It is the intention of the general assembly, for the purposes of this chapter, that any fees promulgated by rules and regulations authorized under this chapter be effective July 1, 1991.
(1) Notwithstanding any law to the contrary, upon receiving from the commissioner of finance and administration the approved work program allotments, as provided in § 9-4-5110 , for the department of environment and conservation, the commissioner of environment and conservation shall certify to the commissioner of finance and administration and to the promulgating authorities the amount of fees required by each program for the current fiscal year, based on the approved work program. Upon receipt of such certification, all such fee schedules shall be reviewed by the promulgating authority.
(2) All fees and procedures for collecting fees shall be adopted pursuant to rulemaking procedures set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In adopting such rules, the promulgating authority shall consider detailed information regarding salary and staffing improvements and other costs to be funded by the proposed fee schedule or fee increases, as well as the current and proposed average response time to permit applications under that program.
(3) After July 1, 2012, authorities responsible for setting fees shall not increase fees in any year general state revenues appropriated to the program have decreased from the previous year.
(4) Pursuant to recommendations of the promulgating authority, and within sixty (60) days after receiving the certification of the amount of fees required by each program, the commissioner of environment and conservation shall submit to the commissioner of finance and administration an official estimate of fees to be collected by each program for the fiscal year. To the extent the estimate of fees for an individual program is less than the certified amount, the appropriation of fees for the program shall be reduced in the amount of the deficiency and the commissioner of finance and administration is directed to reduce the budget of the program accordingly.
(5) It is the intention of the general assembly, for the purposes of this chapter, that any fees promulgated by rules and regulations authorized under this chapter be effective July 1, 1991.
(b) In the third and all subsequent years, the fee schedule promulgated by each of the authorities listed in § 68-203-103(b) shall not, when added to their individual program fund balance from prior years, exceed one hundred fifty percent (150%) of the fees collected in the previous year by that authority.
(c) The total of fees assessed and to be paid by any single permittee under each of the statutes listed under § 68-203-101(b) shall not exceed five percent (5%) of the total of all fees assessed under each of the statutes listed.
(d) For each division of the department that administers one (1) or more of the statutes listed in § 68-203-101(b) , no promulgating authority shall establish a fee schedule that results in a ratio between state appropriations and environmental protection fees, exclusive of penalties and damages, in which the environmental protection fees constitute a higher percentage of the total funds expended by the division than the following ratios, which represents an approximation of the time spent by the divisions in activity that protects the public and the environment generally to that spent addressing a particular entity such as in technical assistance, permitting, inspection or enforcement: (1) For the divisions of air pollution control, radiological health and solid waste management: the percentage of environmental protection fees shall not constitute a higher percentage of the total fees and appropriations than they did in the fiscal year 1994-1995, as follows: (A) For the division of air pollution control: environmental protection fees, eighty-nine and nine-tenths percent (89.9%); state appropriations, ten and one-tenth percent (10.1%); (B) For the division of radiological health: environmental protection fees, ninety-one and five-tenths percent (91.5%); state appropriations, eight and five-tenths percent (8.5%); (C) For the division of solid waste management: environmental protection fees, seventy-seven and one-tenth percent (77.1%); state appropriations, twenty-two and nine-tenths percent (22.9%); and (2) For the division of water resources: environmental protection fees, fifty-eight percent (58%); state appropriations, forty-two percent (42%).
(1) For the divisions of air pollution control, radiological health and solid waste management: the percentage of environmental protection fees shall not constitute a higher percentage of the total fees and appropriations than they did in the fiscal year 1994-1995, as follows: (A) For the division of air pollution control: environmental protection fees, eighty-nine and nine-tenths percent (89.9%); state appropriations, ten and one-tenth percent (10.1%); (B) For the division of radiological health: environmental protection fees, ninety-one and five-tenths percent (91.5%); state appropriations, eight and five-tenths percent (8.5%); (C) For the division of solid waste management: environmental protection fees, seventy-seven and one-tenth percent (77.1%); state appropriations, twenty-two and nine-tenths percent (22.9%); and
(A) For the division of air pollution control: environmental protection fees, eighty-nine and nine-tenths percent (89.9%); state appropriations, ten and one-tenth percent (10.1%);
(B) For the division of radiological health: environmental protection fees, ninety-one and five-tenths percent (91.5%); state appropriations, eight and five-tenths percent (8.5%);
(C) For the division of solid waste management: environmental protection fees, seventy-seven and one-tenth percent (77.1%); state appropriations, twenty-two and nine-tenths percent (22.9%); and
(2) For the division of water resources: environmental protection fees, fifty-eight percent (58%); state appropriations, forty-two percent (42%).
Amended by 2014 Tenn. Acts, ch. 917, s 7, eff. 5/13/2014.
Amended by 2013 Tenn. Acts, ch. 454, Secs.s 14, s 15 eff. 5/16/2013.
Acts 1991, ch. 417, § 4; T.C.A., § 68-1-1304; Acts 1997 , ch. 471, § 1; 2009 , ch. 531, §§ 3, 4.
Tenn. Code Ann. § 68-211-1005 — TN Code / Title 68 / Chapter 211 / Section 68-211-1005
Toll-free telephone number of used oil and other automotive fluids - Use of moneys in fund - Personnel
Status: in_force

The fund may be used as follows: (1) A toll-free telephone number shall be established by the department and maintained for the purpose of disseminating information concerning the locations and operating hours of automotive fluid collection centers within the state; information concerning the availability, dates and requirements for collection where available; information regarding alternate locations that accept commercial used oil and other automotive fluids; and other information regarding used oil and other automotive fluids. (2) The department may award grants, subsidies and/or loans to municipalities, counties and counties having a metropolitan form of government to establish and operate automotive fluid collection centers at publicly owned facilities or other suitable public or private locations; and provide technical assistance to persons who organize such programs. (3) The department may award grants or subsidies to local governments to purchase equipment which burns used oil as fuel. In awarding such grants or subsidies, priority shall be given to local governments who establish used oil collection centers. (4) The department shall provide technical assistance to and reimburse public or private operators of used oil collection centers to dilute, decontaminate or dispose of used oil which has been contaminated by any substance which would require such contaminated oil to be disposed of as a hazardous waste in accordance with chapter 212 of this title if such dilution, decontamination or disposal is approved by the department prior to such dilution, decontamination or disposal. However, such reimbursement shall only be awarded to operators who have complied with management standards and rules and regulations of the department and shall be limited to no more than eight thousand dollars ($8,000) per year per used oil collection center. No reimbursement shall be made to any operator who is disqualified pursuant to rules or regulations of the department. (5) The department may award grants to develop and implement educational programs to encourage proper handling, disposal and recycling of used oil and other automotive fluids. (6) The department may award grants to develop and implement programs to provide direct incentives to DIYers to properly handle and dispose of used oil and other automotive fluids. (7) The department may award grants to develop and implement programs to provide direct incentives to for-profit and not-for-profit entities to establish and operate automotive fluid collection centers. (8) The department shall provide signs in accordance with § 68-211-1017 . (9) The department may hire personnel necessary to implement this part and expend moneys in the fund for other necessary administrative costs; provided, that only direct costs of administration and implementation of this part shall be expended from the fund and only that portion of salaries and benefits of personnel which are directly utilized to implement and administer this part shall be expended from the fund. Amended by 2016 Tenn. Acts, ch. 771, s 6, eff. 7/1/2016. Acts 1993, ch. 185, § 6.
The fund may be used as follows:
(1) A toll-free telephone number shall be established by the department and maintained for the purpose of disseminating information concerning the locations and operating hours of automotive fluid collection centers within the state; information concerning the availability, dates and requirements for collection where available; information regarding alternate locations that accept commercial used oil and other automotive fluids; and other information regarding used oil and other automotive fluids.
(2) The department may award grants, subsidies and/or loans to municipalities, counties and counties having a metropolitan form of government to establish and operate automotive fluid collection centers at publicly owned facilities or other suitable public or private locations; and provide technical assistance to persons who organize such programs.
(3) The department may award grants or subsidies to local governments to purchase equipment which burns used oil as fuel. In awarding such grants or subsidies, priority shall be given to local governments who establish used oil collection centers.
(4) The department shall provide technical assistance to and reimburse public or private operators of used oil collection centers to dilute, decontaminate or dispose of used oil which has been contaminated by any substance which would require such contaminated oil to be disposed of as a hazardous waste in accordance with chapter 212 of this title if such dilution, decontamination or disposal is approved by the department prior to such dilution, decontamination or disposal. However, such reimbursement shall only be awarded to operators who have complied with management standards and rules and regulations of the department and shall be limited to no more than eight thousand dollars ($8,000) per year per used oil collection center. No reimbursement shall be made to any operator who is disqualified pursuant to rules or regulations of the department.
(5) The department may award grants to develop and implement educational programs to encourage proper handling, disposal and recycling of used oil and other automotive fluids.
(6) The department may award grants to develop and implement programs to provide direct incentives to DIYers to properly handle and dispose of used oil and other automotive fluids.
(7) The department may award grants to develop and implement programs to provide direct incentives to for-profit and not-for-profit entities to establish and operate automotive fluid collection centers.
(8) The department shall provide signs in accordance with § 68-211-1017 .
(9) The department may hire personnel necessary to implement this part and expend moneys in the fund for other necessary administrative costs; provided, that only direct costs of administration and implementation of this part shall be expended from the fund and only that portion of salaries and benefits of personnel which are directly utilized to implement and administer this part shall be expended from the fund.
Amended by 2016 Tenn. Acts, ch. 771, s 6, eff. 7/1/2016.
Acts 1993, ch. 185, § 6.
Tenn. Code Ann. § 68-221-617 — TN Code / Title 68 / Chapter 221 / Section 68-221-617
Liberal construction
Status: in_force

This part shall be liberally construed to effect the purposes hereof, and insofar as this part may be inconsistent with any other law, this part shall be controlling. Acts 1974, ch. 605, § 17; T.C.A., §§ 53-6016, 68-13-617.
This part shall be liberally construed to effect the purposes hereof, and insofar as this part may be inconsistent with any other law, this part shall be controlling.
Acts 1974, ch. 605, § 17; T.C.A., §§ 53-6016, 68-13-617.
Tenn. Code Ann. § 68-211-109 — TN Code / Title 68 / Chapter 211 / Section 68-211-109
Federal grants to counties and municipalities - Review and approval
Status: in_force

The department is authorized to review and approve grants and loans from the federal government and other sources to counties, cities, towns, municipalities, or any combination thereof, to assist them in designing, acquiring, constructing, altering, or operating solid waste processing facilities and disposal facilities or sites. The department is authorized further to accept and consider only those applications for grants from counties, cities, towns and municipalities which have officially adopted a plan for a solid waste disposal system or which are included in an officially adopted plan for a solid waste disposal system which covers two (2) or more such jurisdictions. The department is authorized to approve or disapprove such plans in accordance with the purposes of this part. Acts 1969, ch. 295, § 9; T.C.A., §§ 53-4309, 68-31-109.
The department is authorized to review and approve grants and loans from the federal government and other sources to counties, cities, towns, municipalities, or any combination thereof, to assist them in designing, acquiring, constructing, altering, or operating solid waste processing facilities and disposal facilities or sites. The department is authorized further to accept and consider only those applications for grants from counties, cities, towns and municipalities which have officially adopted a plan for a solid waste disposal system or which are included in an officially adopted plan for a solid waste disposal system which covers two (2) or more such jurisdictions. The department is authorized to approve or disapprove such plans in accordance with the purposes of this part.
Acts 1969, ch. 295, § 9; T.C.A., §§ 53-4309, 68-31-109.
Tenn. Code Ann. § 68-212-106 — TN Code / Title 68 / Chapter 212 / Section 68-212-106
Criteria for determining hazardous wastes - Notification regarding wastes generated - Manifest systems - Landfill disposal sites
Status: in_force

(a) (1) The board shall establish criteria for determining if a substance is a hazardous waste and will prepare a list of wastes which are considered hazardous in order to aid in determining the generators of hazardous waste in the state. However, such list shall not limit the regulatory authority over substances which meet established criteria for a hazardous waste. (2) Any person who is generating a waste which is considered hazardous by the established criteria or list shall notify the department in writing of the quantities and composition of wastes generated and the method by which such person intends to store, treat or dispose of such wastes. (3) All generators, transporters, and owners and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system to assure that such hazardous waste transported off-site is stored, treated, or disposed of in storage, treatment, or disposal facilities in compliance with regulations promulgated pursuant to this part. (b) (1) The commissioner shall notify the register of deeds in each county in which a landfill disposal facility or site is located and currently being used for landfilling of hazardous waste of the precise location of such facility or site. Such notice shall include the following: (A) The name of the person who owns the property upon which the disposal facility or site is located; (B) The book and page number in which the deed to such property is recorded; and (C) The hazardous wastes which are disposed of on such property. (2) The commissioner is authorized to require any person owning or operating a landfill disposal facility or site to provide such information prior to landfilling on such facility or site. (3) As used in this section: (A) "Landfill disposal facility or site" includes any settlement pond or lagoon which is not regulated by the division of water quality control and also includes open dumping; and (B) "Open dumping" means the depositing of solid wastes into a body or stream of water or onto the surface of the ground without compacting the wastes and covering with suitable material as prescribed in the regulations of the department. (4) This subsection (b) is to be administered by the division of solid and hazardous waste management. Acts 1977, ch. 175, § 5; 1979, ch. 382, § 1; 1979, ch. 410, § 4; 1980, ch. 899, § 9; T.C.A., § 53-6306; Acts 1984, ch. 577, § 4; T.C.A., § 68-46-106.
(a) (1) The board shall establish criteria for determining if a substance is a hazardous waste and will prepare a list of wastes which are considered hazardous in order to aid in determining the generators of hazardous waste in the state. However, such list shall not limit the regulatory authority over substances which meet established criteria for a hazardous waste. (2) Any person who is generating a waste which is considered hazardous by the established criteria or list shall notify the department in writing of the quantities and composition of wastes generated and the method by which such person intends to store, treat or dispose of such wastes. (3) All generators, transporters, and owners and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system to assure that such hazardous waste transported off-site is stored, treated, or disposed of in storage, treatment, or disposal facilities in compliance with regulations promulgated pursuant to this part.
(1) The board shall establish criteria for determining if a substance is a hazardous waste and will prepare a list of wastes which are considered hazardous in order to aid in determining the generators of hazardous waste in the state. However, such list shall not limit the regulatory authority over substances which meet established criteria for a hazardous waste.
(2) Any person who is generating a waste which is considered hazardous by the established criteria or list shall notify the department in writing of the quantities and composition of wastes generated and the method by which such person intends to store, treat or dispose of such wastes.
(3) All generators, transporters, and owners and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system to assure that such hazardous waste transported off-site is stored, treated, or disposed of in storage, treatment, or disposal facilities in compliance with regulations promulgated pursuant to this part.
(b) (1) The commissioner shall notify the register of deeds in each county in which a landfill disposal facility or site is located and currently being used for landfilling of hazardous waste of the precise location of such facility or site. Such notice shall include the following: (A) The name of the person who owns the property upon which the disposal facility or site is located; (B) The book and page number in which the deed to such property is recorded; and (C) The hazardous wastes which are disposed of on such property. (2) The commissioner is authorized to require any person owning or operating a landfill disposal facility or site to provide such information prior to landfilling on such facility or site. (3) As used in this section: (A) "Landfill disposal facility or site" includes any settlement pond or lagoon which is not regulated by the division of water quality control and also includes open dumping; and (B) "Open dumping" means the depositing of solid wastes into a body or stream of water or onto the surface of the ground without compacting the wastes and covering with suitable material as prescribed in the regulations of the department. (4) This subsection (b) is to be administered by the division of solid and hazardous waste management.
(1) The commissioner shall notify the register of deeds in each county in which a landfill disposal facility or site is located and currently being used for landfilling of hazardous waste of the precise location of such facility or site. Such notice shall include the following: (A) The name of the person who owns the property upon which the disposal facility or site is located; (B) The book and page number in which the deed to such property is recorded; and (C) The hazardous wastes which are disposed of on such property.
(A) The name of the person who owns the property upon which the disposal facility or site is located;
(B) The book and page number in which the deed to such property is recorded; and
(C) The hazardous wastes which are disposed of on such property.
(2) The commissioner is authorized to require any person owning or operating a landfill disposal facility or site to provide such information prior to landfilling on such facility or site.
(3) As used in this section: (A) "Landfill disposal facility or site" includes any settlement pond or lagoon which is not regulated by the division of water quality control and also includes open dumping; and (B) "Open dumping" means the depositing of solid wastes into a body or stream of water or onto the surface of the ground without compacting the wastes and covering with suitable material as prescribed in the regulations of the department.
(A) "Landfill disposal facility or site" includes any settlement pond or lagoon which is not regulated by the division of water quality control and also includes open dumping; and
(B) "Open dumping" means the depositing of solid wastes into a body or stream of water or onto the surface of the ground without compacting the wastes and covering with suitable material as prescribed in the regulations of the department.
(4) This subsection (b) is to be administered by the division of solid and hazardous waste management.
Acts 1977, ch. 175, § 5; 1979, ch. 382, § 1; 1979, ch. 410, § 4; 1980, ch. 899, § 9; T.C.A., § 53-6306; Acts 1984, ch. 577, § 4; T.C.A., § 68-46-106.
Tenn. Code Ann. § 68-211-1001 — TN Code / Title 68 / Chapter 211 / Section 68-211-1001
Short title
Status: in_force

This part shall be known and may be cited as the "Used Oil Collection Act of 1993." Acts 1993, ch. 185, § 2.
This part shall be known and may be cited as the "Used Oil Collection Act of 1993."
Acts 1993, ch. 185, § 2.
Tenn. Code Ann. § 68-221-902 — TN Code / Title 68 / Chapter 221 / Section 68-221-902
Legislative purpose
Status: in_force

Recognizing that correct operation of water and wastewater systems is necessary for the protection of the public health and the quality of the environment, it is declared to be the purpose of this part to prevent inadequate operation of all such systems through a system of certification of operators and penalties for noncompliance. Acts 1984, ch. 812, § 2; T.C.A., § 68-13-902.
Recognizing that correct operation of water and wastewater systems is necessary for the protection of the public health and the quality of the environment, it is declared to be the purpose of this part to prevent inadequate operation of all such systems through a system of certification of operators and penalties for noncompliance.
Acts 1984, ch. 812, § 2; T.C.A., § 68-13-902.
Tenn. Code Ann. § 68-215-117 — TN Code / Title 68 / Chapter 215 / Section 68-215-117
Immunity from liability - Exceptions
Status: in_force

No person shall be liable under this chapter for damages as a result of actions taken or omitted in the course of rendering care, assistance or advice at the direction of an on-scene coordinator appointed by the commissioner, with respect to an incident creating a danger to the public health or welfare or the environment as a result of any release of petroleum substances or the threat thereof. This section shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person or for reckless, willful, or wanton misconduct. Acts 1988, ch. 984, § 19; T.C.A., § 68-53-117.
No person shall be liable under this chapter for damages as a result of actions taken or omitted in the course of rendering care, assistance or advice at the direction of an on-scene coordinator appointed by the commissioner, with respect to an incident creating a danger to the public health or welfare or the environment as a result of any release of petroleum substances or the threat thereof. This section shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person or for reckless, willful, or wanton misconduct.
Acts 1988, ch. 984, § 19; T.C.A., § 68-53-117.
Tenn. Code Ann. § 68-221-1207 — TN Code / Title 68 / Chapter 221 / Section 68-221-1207
Promulgation of emergency rules
Status: in_force

The commissioner of environment and conservation is authorized to promulgate emergency rules in the manner provided under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the program authorized by this part if deemed to be necessary by the commissioner to make full use of available federal funding. Added by 2022 Tenn. Acts, ch. 886,s 9, eff. 4/14/2022.
The commissioner of environment and conservation is authorized to promulgate emergency rules in the manner provided under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the program authorized by this part if deemed to be necessary by the commissioner to make full use of available federal funding.
Added by 2022 Tenn. Acts, ch. 886,s 9, eff. 4/14/2022.
Tenn. Code Ann. § 68-221-604 — TN Code / Title 68 / Chapter 221 / Section 68-221-604
Creation of authority - Resolution - Petition - Order of approval or disapproval - Hearing - Resolution or ordinance - Agreement for transfer
Status: in_force

(a) A city, metropolitan, or county government may create a water or wastewater treatment authority in the manner provided in this part. (b) (1) The governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval. The petition must include: (A) A statement of the service the proposed authority will provide and the necessity of that service; (B) The proposed corporate name and boundaries of the authority's service area; (C) A statement explaining why an existing utility district, treatment authority, or municipal or county service cannot adequately provide the needed service because of cost, time, or other service delivery factors; and (D) An estimate of: (i) The cost of the acquisition or construction of the facility; (ii) The cost of operating the proposed facility; (iii) Anticipated personnel needs; and (iv) The rates and charges for the proposed utility service. (2) An estimate under subdivision (b)(1)(D)(i) is not a limitation on the financing of improvements or extensions of a facility. (3) A majority of the governing body of the creating governmental entity and its executive officer must sign the petition. (4) The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer. (c) (1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the incorporation of the authority within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative. (2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the creating governmental entity and its executive officer. (3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body of the creating governmental entity and its executive officer. (4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. Petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions. (d) (1) If the Tennessee board of utility regulation approves a petition under subdivision (c)(1), or fails to act on a petition under subdivision (c)(3), then the governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority. (2) The creating governmental entity shall publish notice of the date, time, place, and purpose of the hearing at least once each week for two (2) consecutive weeks in a newspaper of general circulation, the last publication occurring at least one (1) week prior to the date of the hearing. (e) The hearing will be before the governing body and all interested persons shall have an opportunity to be heard. (f) (1) If the governing body determines, after a hearing, that the public convenience and necessity require the creation of an authority, then the governing body shall adopt, and its executive officer shall approve, a resolution or an ordinance so declaring and creating an authority. (2) A resolution or ordinance under subdivision (f)(1) must designate the name and principal office address of the authority. (3) A governing body shall file a certified copy of the resolution or ordinance with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 68-221-605 . The authority constitutes a body politic and corporate upon adoption and filing. (g) A creating governmental entity and a participating governmental entity shall enter into an agreement with the authority for the orderly transfer to the authority of the treatment works' properties, functions, service area, and outstanding obligations. The agreement may include provisions for the reimbursement of any such governmental entity for its obligations issued for treatment works. Amended by 2023 Tenn. Acts, ch. 463, s 32, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 720, s 3, eff. 6/22/2020. Acts 1974, ch. 605, § 4; T.C.A., §§ 53-6004, 68-13-604.
(a) A city, metropolitan, or county government may create a water or wastewater treatment authority in the manner provided in this part.
(b) (1) The governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval. The petition must include: (A) A statement of the service the proposed authority will provide and the necessity of that service; (B) The proposed corporate name and boundaries of the authority's service area; (C) A statement explaining why an existing utility district, treatment authority, or municipal or county service cannot adequately provide the needed service because of cost, time, or other service delivery factors; and (D) An estimate of: (i) The cost of the acquisition or construction of the facility; (ii) The cost of operating the proposed facility; (iii) Anticipated personnel needs; and (iv) The rates and charges for the proposed utility service. (2) An estimate under subdivision (b)(1)(D)(i) is not a limitation on the financing of improvements or extensions of a facility. (3) A majority of the governing body of the creating governmental entity and its executive officer must sign the petition. (4) The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer.
(1) The governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval. The petition must include: (A) A statement of the service the proposed authority will provide and the necessity of that service; (B) The proposed corporate name and boundaries of the authority's service area; (C) A statement explaining why an existing utility district, treatment authority, or municipal or county service cannot adequately provide the needed service because of cost, time, or other service delivery factors; and (D) An estimate of: (i) The cost of the acquisition or construction of the facility; (ii) The cost of operating the proposed facility; (iii) Anticipated personnel needs; and (iv) The rates and charges for the proposed utility service.
(A) A statement of the service the proposed authority will provide and the necessity of that service;
(B) The proposed corporate name and boundaries of the authority's service area;
(C) A statement explaining why an existing utility district, treatment authority, or municipal or county service cannot adequately provide the needed service because of cost, time, or other service delivery factors; and
(D) An estimate of: (i) The cost of the acquisition or construction of the facility; (ii) The cost of operating the proposed facility; (iii) Anticipated personnel needs; and (iv) The rates and charges for the proposed utility service.
(i) The cost of the acquisition or construction of the facility;
(ii) The cost of operating the proposed facility;
(iii) Anticipated personnel needs; and
(iv) The rates and charges for the proposed utility service.
(2) An estimate under subdivision (b)(1)(D)(i) is not a limitation on the financing of improvements or extensions of a facility.
(3) A majority of the governing body of the creating governmental entity and its executive officer must sign the petition.
(4) The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer.
(c) (1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the incorporation of the authority within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative. (2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the creating governmental entity and its executive officer. (3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body of the creating governmental entity and its executive officer. (4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. Petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions.
(1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the incorporation of the authority within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative.
(2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the creating governmental entity and its executive officer.
(3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body of the creating governmental entity and its executive officer.
(4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. Petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions.
(d) (1) If the Tennessee board of utility regulation approves a petition under subdivision (c)(1), or fails to act on a petition under subdivision (c)(3), then the governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority. (2) The creating governmental entity shall publish notice of the date, time, place, and purpose of the hearing at least once each week for two (2) consecutive weeks in a newspaper of general circulation, the last publication occurring at least one (1) week prior to the date of the hearing.
(1) If the Tennessee board of utility regulation approves a petition under subdivision (c)(1), or fails to act on a petition under subdivision (c)(3), then the governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority.
(2) The creating governmental entity shall publish notice of the date, time, place, and purpose of the hearing at least once each week for two (2) consecutive weeks in a newspaper of general circulation, the last publication occurring at least one (1) week prior to the date of the hearing.
(e) The hearing will be before the governing body and all interested persons shall have an opportunity to be heard.
(f) (1) If the governing body determines, after a hearing, that the public convenience and necessity require the creation of an authority, then the governing body shall adopt, and its executive officer shall approve, a resolution or an ordinance so declaring and creating an authority. (2) A resolution or ordinance under subdivision (f)(1) must designate the name and principal office address of the authority. (3) A governing body shall file a certified copy of the resolution or ordinance with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 68-221-605 . The authority constitutes a body politic and corporate upon adoption and filing.
(1) If the governing body determines, after a hearing, that the public convenience and necessity require the creation of an authority, then the governing body shall adopt, and its executive officer shall approve, a resolution or an ordinance so declaring and creating an authority.
(2) A resolution or ordinance under subdivision (f)(1) must designate the name and principal office address of the authority.
(3) A governing body shall file a certified copy of the resolution or ordinance with the secretary of state, along with the resolution approving the appointment of the board of commissioners as provided for in § 68-221-605 . The authority constitutes a body politic and corporate upon adoption and filing.
(g) A creating governmental entity and a participating governmental entity shall enter into an agreement with the authority for the orderly transfer to the authority of the treatment works' properties, functions, service area, and outstanding obligations. The agreement may include provisions for the reimbursement of any such governmental entity for its obligations issued for treatment works.
Amended by 2023 Tenn. Acts, ch. 463, s 32, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 720, s 3, eff. 6/22/2020.
Acts 1974, ch. 605, § 4; T.C.A., §§ 53-6004, 68-13-604.
Tenn. Code Ann. § 68-211-831 — TN Code / Title 68 / Chapter 211 / Section 68-211-831
[Effective Until 7/1/2025] Investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites
Status: in_force

From funds available from the solid waste management fund, the department may, directly or by contract, provide for the investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites. The department shall attempt to recover funds expended from the person responsible for the disposal of the waste tires or solid waste pursuant to § 68-211-117 . Acts 1996, ch. 846, § 30. This section is set out more than once due to postponed, multiple, or conflicting amendments.
From funds available from the solid waste management fund, the department may, directly or by contract, provide for the investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites. The department shall attempt to recover funds expended from the person responsible for the disposal of the waste tires or solid waste pursuant to § 68-211-117 .
Acts 1996, ch. 846, § 30.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Tenn. Code Ann. § 68-212-307 — TN Code / Title 68 / Chapter 212 / Section 68-212-307
Review of plan or progress report by department - Correction of deficiencies - Review of order
Status: in_force

(a) The department may review a plan or an annual progress report to determine whether the plan or progress report reasonably contains the elements specified under §§ 68-212-305 and 68-212-306 . If a generator fails to complete a plan containing the elements of § 68-212-305 or an annual progress report reasonably containing the elements required by § 68-212-306 , the department may notify the generator of the specific deficiencies. The department also may specify a reasonable time frame, of not less than ninety (90) days, within which the generator shall modify the plan or progress report correcting the specified deficiencies. (b) If the commissioner determines that a plan or progress report has not been modified to address the deficiencies identified, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or shall be sent by certified mail, return receipt requested. Investigations made in accordance with this section may be made on the initiative of the commissioner or board. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of the alleged violator of this part at a meeting to show cause why enforcement action ought not to be taken by the department. (c) Any order issued pursuant to subsection (b) shall be subject to review in the same manner as orders under § 68-212-113 . Acts 1990, ch. 754, § 8; T.C.A., § 68-46-307.
(a) The department may review a plan or an annual progress report to determine whether the plan or progress report reasonably contains the elements specified under §§ 68-212-305 and 68-212-306 . If a generator fails to complete a plan containing the elements of § 68-212-305 or an annual progress report reasonably containing the elements required by § 68-212-306 , the department may notify the generator of the specific deficiencies. The department also may specify a reasonable time frame, of not less than ninety (90) days, within which the generator shall modify the plan or progress report correcting the specified deficiencies.
(b) If the commissioner determines that a plan or progress report has not been modified to address the deficiencies identified, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or shall be sent by certified mail, return receipt requested. Investigations made in accordance with this section may be made on the initiative of the commissioner or board. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of the alleged violator of this part at a meeting to show cause why enforcement action ought not to be taken by the department.
(c) Any order issued pursuant to subsection (b) shall be subject to review in the same manner as orders under § 68-212-113 .
Acts 1990, ch. 754, § 8; T.C.A., § 68-46-307.
Tenn. Code Ann. § 68-217-102 — TN Code / Title 68 / Chapter 217 / Section 68-217-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Abandoned drycleaning facility" means any real property premises or individual leasehold space on which a drycleaning facility formerly operated; (2) "Commissioner" means the commissioner of environment and conservation, or the commissioner's designee; (3) "Dense non-aqueous solvent or product" means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that does not float on water; (4) "Department" means the department of environment and conservation; (5) "Drycleaner environmental response fund" refers to the fund established under § 68-217-103 ; (6) "Drycleaning facility" means any commercial facility located in this state which is engaged in on-site drycleaning operations, other than: (A) A coin-operated drycleaning operation; (B) A facility located on a United States military base or owned by the United States, or any department or agency thereof; (C) A commercial uniform service and/or linen supply facility; or (D) A facility owned by the state or any agency or department thereof; (7) "Drycleaning operations" means cleaning of apparel and household fabrics, using one (1) or more drycleaning solvents, including, but not limited to, those businesses described in Standard Industrial Classification (SIC) Code No. 7216; (8) "Drycleaning solvent" or "solvent" means any and all non-aqueous solvents or products used, or intended for use, in the cleaning of garments and other fabrics at a drycleaning facility and includes, but is not limited to, dense non-aqueous solvents such as chlorinated solvents like perchloroethylene (perc), also known as tetrachloroethylene, and light non-aqueous solvents such as petroleum-based solvents like Stoddard Solvent, and the products into which all such solvents or products degrade; (9) "Full-time employee" means the total number of hours worked at a drycleaning facility by all full-time and part-time employees, excluding the owner/manager and dividing that number by forty (40). This hereafter shall be known as "full-time equivalence (FTE)"; (10) "Impacted third party" means a lessor of real property on which a drycleaning facility or an in-state wholesale distribution facility is located, a property owner whose real property is adversely environmentally impacted by a release from a drycleaning facility or in-state wholesale distribution facility, or their predecessors, successors or assigns, mortgagees, predecessors-in-title and successors-in-title; (11) "In-state wholesale distribution facility" means a place of business located in this state of a wholesale distributor or any real property premises or individual leasehold space located in this state, occupied by an in-state wholesale distribution facility after June 13, 1995; (12) "Light non-aqueous solvent or product" means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that floats on water; (13) "Release" means any spilling, pouring, overfilling, leaking, leaching, emitting, discharging, or escaping of drycleaning solvents from a drycleaning facility or an in-state wholesale distribution facility or its associated piping which impacts groundwater, surface water, surface or subsurface soils; and (14) "Wholesale distributor" means a person or company whose primary business is selling drycleaning solvents and supplies to in-state or out-of-state drycleaning facilities. "Primary business," as used in this subdivision (14), means where the percentage of the person's or company's gross receipts from the sale of drycleaning solvents and supplies to such drycleaning facilities equals or exceeds twenty percent (20%) of total gross receipts. Amended by 2014 Tenn. Acts, ch. 976,s 1, eff. 5/22/2014. Acts 1995, ch. 541, § 2; 1996, ch. 860, §§ 1, 2; 2002, ch. 598, §§ 1, 2.
As used in this chapter, unless the context otherwise requires:
(1) "Abandoned drycleaning facility" means any real property premises or individual leasehold space on which a drycleaning facility formerly operated;
(2) "Commissioner" means the commissioner of environment and conservation, or the commissioner's designee;
(3) "Dense non-aqueous solvent or product" means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that does not float on water;
(4) "Department" means the department of environment and conservation;
(5) "Drycleaner environmental response fund" refers to the fund established under § 68-217-103 ;
(6) "Drycleaning facility" means any commercial facility located in this state which is engaged in on-site drycleaning operations, other than: (A) A coin-operated drycleaning operation; (B) A facility located on a United States military base or owned by the United States, or any department or agency thereof; (C) A commercial uniform service and/or linen supply facility; or (D) A facility owned by the state or any agency or department thereof;
(A) A coin-operated drycleaning operation;
(B) A facility located on a United States military base or owned by the United States, or any department or agency thereof;
(C) A commercial uniform service and/or linen supply facility; or
(D) A facility owned by the state or any agency or department thereof;
(7) "Drycleaning operations" means cleaning of apparel and household fabrics, using one (1) or more drycleaning solvents, including, but not limited to, those businesses described in Standard Industrial Classification (SIC) Code No. 7216;
(8) "Drycleaning solvent" or "solvent" means any and all non-aqueous solvents or products used, or intended for use, in the cleaning of garments and other fabrics at a drycleaning facility and includes, but is not limited to, dense non-aqueous solvents such as chlorinated solvents like perchloroethylene (perc), also known as tetrachloroethylene, and light non-aqueous solvents such as petroleum-based solvents like Stoddard Solvent, and the products into which all such solvents or products degrade;
(9) "Full-time employee" means the total number of hours worked at a drycleaning facility by all full-time and part-time employees, excluding the owner/manager and dividing that number by forty (40). This hereafter shall be known as "full-time equivalence (FTE)";
(10) "Impacted third party" means a lessor of real property on which a drycleaning facility or an in-state wholesale distribution facility is located, a property owner whose real property is adversely environmentally impacted by a release from a drycleaning facility or in-state wholesale distribution facility, or their predecessors, successors or assigns, mortgagees, predecessors-in-title and successors-in-title;
(11) "In-state wholesale distribution facility" means a place of business located in this state of a wholesale distributor or any real property premises or individual leasehold space located in this state, occupied by an in-state wholesale distribution facility after June 13, 1995;
(12) "Light non-aqueous solvent or product" means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that floats on water;
(13) "Release" means any spilling, pouring, overfilling, leaking, leaching, emitting, discharging, or escaping of drycleaning solvents from a drycleaning facility or an in-state wholesale distribution facility or its associated piping which impacts groundwater, surface water, surface or subsurface soils; and
(14) "Wholesale distributor" means a person or company whose primary business is selling drycleaning solvents and supplies to in-state or out-of-state drycleaning facilities. "Primary business," as used in this subdivision (14), means where the percentage of the person's or company's gross receipts from the sale of drycleaning solvents and supplies to such drycleaning facilities equals or exceeds twenty percent (20%) of total gross receipts.
Amended by 2014 Tenn. Acts, ch. 976,s 1, eff. 5/22/2014.
Acts 1995, ch. 541, § 2; 1996, ch. 860, §§ 1, 2; 2002, ch. 598, §§ 1, 2.
Tenn. Code Ann. § 68-221-1308 — TN Code / Title 68 / Chapter 221 / Section 68-221-1308
Charges for services - Classification of customers - Contracts for collection of sewer charges
Status: in_force

(a) The authority may fix the price or charges for its water and waste treatment services rendered to users within and without the service area of the authority; provided, that the rates charged shall be uniform for the same class of customers or service and may represent the equitable or proportionate share of treatment costs of that class of customers or service. (b) In classifying customers served or service furnished by the system of sewerage or water, the authority may, in its discretion, consider any or all of the following factors: (1) The difference in cost of service to the various customers; (2) The location of the various customers within and without the service area of the authority; (3) The difference in cost of maintenance, operation, repair and replacement of the various parts of the system; (4) The different character of the service furnished various customers; (5) The quantity and quality of the sewage delivered and the time of its delivery; (6) Capital contributions made to the system, including, but not limited to, assessments; and (7) Any other matters that present a reasonable difference as a ground for distinction. (c) (1) As used in this subsection (c), "sewer" means waste water collection or treatment, or both. (2) (A) The board may enter into contracts with any utility district or municipality providing sewer services within the jurisdiction, or with any municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges. The authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered: (i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise; (ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges; (iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by that customer; and (iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by that customer have been paid. (B) The utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts. Acts 2007 , ch. 250, § 1.
(a) The authority may fix the price or charges for its water and waste treatment services rendered to users within and without the service area of the authority; provided, that the rates charged shall be uniform for the same class of customers or service and may represent the equitable or proportionate share of treatment costs of that class of customers or service.
(b) In classifying customers served or service furnished by the system of sewerage or water, the authority may, in its discretion, consider any or all of the following factors: (1) The difference in cost of service to the various customers; (2) The location of the various customers within and without the service area of the authority; (3) The difference in cost of maintenance, operation, repair and replacement of the various parts of the system; (4) The different character of the service furnished various customers; (5) The quantity and quality of the sewage delivered and the time of its delivery; (6) Capital contributions made to the system, including, but not limited to, assessments; and (7) Any other matters that present a reasonable difference as a ground for distinction.
(1) The difference in cost of service to the various customers;
(2) The location of the various customers within and without the service area of the authority;
(3) The difference in cost of maintenance, operation, repair and replacement of the various parts of the system;
(4) The different character of the service furnished various customers;
(5) The quantity and quality of the sewage delivered and the time of its delivery;
(6) Capital contributions made to the system, including, but not limited to, assessments; and
(7) Any other matters that present a reasonable difference as a ground for distinction.
(c) (1) As used in this subsection (c), "sewer" means waste water collection or treatment, or both. (2) (A) The board may enter into contracts with any utility district or municipality providing sewer services within the jurisdiction, or with any municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges. The authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered: (i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise; (ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges; (iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by that customer; and (iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by that customer have been paid. (B) The utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts.
(1) As used in this subsection (c), "sewer" means waste water collection or treatment, or both.
(2) (A) The board may enter into contracts with any utility district or municipality providing sewer services within the jurisdiction, or with any municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges. The authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered: (i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise; (ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges; (iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by that customer; and (iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by that customer have been paid. (B) The utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts.
(A) The board may enter into contracts with any utility district or municipality providing sewer services within the jurisdiction, or with any municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges. The authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered: (i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise; (ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges; (iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by that customer; and (iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by that customer have been paid.
(i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise;
(ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges;
(iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by that customer; and
(iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by that customer have been paid.
(B) The utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts.
Acts 2007 , ch. 250, § 1.
Tenn. Code Ann. § 68-221-705 — TN Code / Title 68 / Chapter 221 / Section 68-221-705
Duties and authority of commissioner
Status: in_force

In addition to any power, duty or responsibility given to the commissioner by other sections of the code, the commissioner has the following powers, duties and responsibilities to: (1) Exercise general supervision over the administration and enforcement of this part and all rules and regulations promulgated thereunder; (2) Make inspections and investigations, collect samples, carry on research, or take such other action as may be necessary to carry out this part, rules and regulations issued pursuant thereto, and any orders which the commissioner may issue; (3) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of this part; (4) Advise, consult, cooperate, contract and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons. In addition, the department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to planning and use of water from interstate water. This authority shall not be deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement; (5) When funds may become available to the state as such, apply for, accept, administer and utilize loans and grants from the federal government, state government, and from any other sources, public or private, for provision and control of public water systems in the state; (6) Collect and disseminate information relating to the water being furnished by the public water systems of the state; (7) Administer oaths, issue subpoenas and compel attendance of witnesses and production of data for all purposes of this part; (8) Bring suit in the name of the department for any violation of this part, rules and regulations of the board, and orders of the board or commissioner seeking any remedy therein provided, and any other statutory or common law remedy therein provided; (9) Assess civil penalties for violation of any provision of this part or any rule, regulation, standard adopted or order issued by the board or commissioner pursuant to this part; (10) Issue orders as may be necessary to secure compliance with this part, as well as the rules and regulations adopted pursuant to these sections. Such orders may include placing a moratorium on any further connections to a water system until remedial action is completed; (11) Investigate any alleged or apparent violation of this part and take any action authorized hereunder as the commissioner deems necessary to enforce these sections; (12) Delegate to the director any of the powers, duties and responsibilities of the commissioner under this part; (13) In accordance with the standards and procedures established by the board, grant variances or exemptions from certain provisions of this part and the rules and regulations promulgated hereunder; and (14) Develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity to comply with national primary drinking water regulations and this part and the rules promulgated hereunder. Acts 1983, ch. 324, § 6; 1988, ch. 583, § 5; T.C.A., § 68-13-705; Acts 1998, ch. 592, § 5.
In addition to any power, duty or responsibility given to the commissioner by other sections of the code, the commissioner has the following powers, duties and responsibilities to:
(1) Exercise general supervision over the administration and enforcement of this part and all rules and regulations promulgated thereunder;
(2) Make inspections and investigations, collect samples, carry on research, or take such other action as may be necessary to carry out this part, rules and regulations issued pursuant thereto, and any orders which the commissioner may issue;
(3) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of this part;
(4) Advise, consult, cooperate, contract and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons. In addition, the department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to planning and use of water from interstate water. This authority shall not be deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement;
(5) When funds may become available to the state as such, apply for, accept, administer and utilize loans and grants from the federal government, state government, and from any other sources, public or private, for provision and control of public water systems in the state;
(6) Collect and disseminate information relating to the water being furnished by the public water systems of the state;
(7) Administer oaths, issue subpoenas and compel attendance of witnesses and production of data for all purposes of this part;
(8) Bring suit in the name of the department for any violation of this part, rules and regulations of the board, and orders of the board or commissioner seeking any remedy therein provided, and any other statutory or common law remedy therein provided;
(9) Assess civil penalties for violation of any provision of this part or any rule, regulation, standard adopted or order issued by the board or commissioner pursuant to this part;
(10) Issue orders as may be necessary to secure compliance with this part, as well as the rules and regulations adopted pursuant to these sections. Such orders may include placing a moratorium on any further connections to a water system until remedial action is completed;
(11) Investigate any alleged or apparent violation of this part and take any action authorized hereunder as the commissioner deems necessary to enforce these sections;
(12) Delegate to the director any of the powers, duties and responsibilities of the commissioner under this part;
(13) In accordance with the standards and procedures established by the board, grant variances or exemptions from certain provisions of this part and the rules and regulations promulgated hereunder; and
(14) Develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity to comply with national primary drinking water regulations and this part and the rules promulgated hereunder.
Acts 1983, ch. 324, § 6; 1988, ch. 583, § 5; T.C.A., § 68-13-705; Acts 1998, ch. 592, § 5.
Tenn. Code Ann. § 68-204-103 — TN Code / Title 68 / Chapter 204 / Section 68-204-103
Duties and responsibilities of council
Status: in_force

(a) The council is created to advise and make recommendations to the governor and to the general assembly on how to: (1) Identify all state energy resources to ensure a secure, stable, and more predictable energy supply; (2) Manage the use of energy resources; and (3) Increase domestic energy exploration, development, and production within the state and region, with the goal of promoting economic growth and job creation while ensuring the protection and preservation of the state's natural resources, cultural heritage, and quality of life. (b) The council shall have the following general duties and responsibilities: (1) Compile an annual report assessing the energy sector in this state, including the opportunities and the constraints presented by various uses of energy, to facilitate the expansion of the domestic energy supply, and to encourage the efficient use of all such energy forms in a manner consistent with state energy policy; (2) Develop an ongoing comprehensive state energy policy plan to achieve maximum effective management and use of present and future sources of energy. The policy plan may include energy efficiency, renewable and alternative sources of energy, research and development into alternative energy technologies, and improvements to the state's energy infrastructure and energy economy, including smart grid and domestic energy resources, including, but not limited to, natural gas, coal, hydroelectric power, solar, wind, nuclear, and biomass; (3) Create an annual energy policy plan that recommends: (A) Necessary energy legislation to the governor and to the general assembly; (B) The promulgation of necessary rules to regulatory boards charged with administering this title; and (C) The implementation and modification of energy policy, plans, and programs as the council considers necessary and desirable; (4) Continually review and coordinate all state government research, education, and management programs relating to energy matters; (5) Educate and inform the general public regarding any energy matters; and (6) Actively engage in discussions with federal government agencies and leaders to identify opportunities to increase domestic energy supply within this state. (c) The council shall serve as the central energy policy planning body of the state and shall communicate and cooperate with federal, state, regional, and local bodies and agencies for the purpose of affecting a coordinated energy policy. Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
(a) The council is created to advise and make recommendations to the governor and to the general assembly on how to: (1) Identify all state energy resources to ensure a secure, stable, and more predictable energy supply; (2) Manage the use of energy resources; and (3) Increase domestic energy exploration, development, and production within the state and region, with the goal of promoting economic growth and job creation while ensuring the protection and preservation of the state's natural resources, cultural heritage, and quality of life.
(1) Identify all state energy resources to ensure a secure, stable, and more predictable energy supply;
(2) Manage the use of energy resources; and
(3) Increase domestic energy exploration, development, and production within the state and region, with the goal of promoting economic growth and job creation while ensuring the protection and preservation of the state's natural resources, cultural heritage, and quality of life.
(b) The council shall have the following general duties and responsibilities: (1) Compile an annual report assessing the energy sector in this state, including the opportunities and the constraints presented by various uses of energy, to facilitate the expansion of the domestic energy supply, and to encourage the efficient use of all such energy forms in a manner consistent with state energy policy; (2) Develop an ongoing comprehensive state energy policy plan to achieve maximum effective management and use of present and future sources of energy. The policy plan may include energy efficiency, renewable and alternative sources of energy, research and development into alternative energy technologies, and improvements to the state's energy infrastructure and energy economy, including smart grid and domestic energy resources, including, but not limited to, natural gas, coal, hydroelectric power, solar, wind, nuclear, and biomass; (3) Create an annual energy policy plan that recommends: (A) Necessary energy legislation to the governor and to the general assembly; (B) The promulgation of necessary rules to regulatory boards charged with administering this title; and (C) The implementation and modification of energy policy, plans, and programs as the council considers necessary and desirable; (4) Continually review and coordinate all state government research, education, and management programs relating to energy matters; (5) Educate and inform the general public regarding any energy matters; and (6) Actively engage in discussions with federal government agencies and leaders to identify opportunities to increase domestic energy supply within this state.
(1) Compile an annual report assessing the energy sector in this state, including the opportunities and the constraints presented by various uses of energy, to facilitate the expansion of the domestic energy supply, and to encourage the efficient use of all such energy forms in a manner consistent with state energy policy;
(2) Develop an ongoing comprehensive state energy policy plan to achieve maximum effective management and use of present and future sources of energy. The policy plan may include energy efficiency, renewable and alternative sources of energy, research and development into alternative energy technologies, and improvements to the state's energy infrastructure and energy economy, including smart grid and domestic energy resources, including, but not limited to, natural gas, coal, hydroelectric power, solar, wind, nuclear, and biomass;
(3) Create an annual energy policy plan that recommends: (A) Necessary energy legislation to the governor and to the general assembly; (B) The promulgation of necessary rules to regulatory boards charged with administering this title; and (C) The implementation and modification of energy policy, plans, and programs as the council considers necessary and desirable;
(A) Necessary energy legislation to the governor and to the general assembly;
(B) The promulgation of necessary rules to regulatory boards charged with administering this title; and
(C) The implementation and modification of energy policy, plans, and programs as the council considers necessary and desirable;
(4) Continually review and coordinate all state government research, education, and management programs relating to energy matters;
(5) Educate and inform the general public regarding any energy matters; and
(6) Actively engage in discussions with federal government agencies and leaders to identify opportunities to increase domestic energy supply within this state.
(c) The council shall serve as the central energy policy planning body of the state and shall communicate and cooperate with federal, state, regional, and local bodies and agencies for the purpose of affecting a coordinated energy policy.
Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-221-106 — TN Code / Title 68 / Chapter 221 / Section 68-221-106
Review of order to correct - Procedure - Injunctive relief
Status: in_force

(a) Any person against whom an order is issued may secure a review of the necessity for or reasonableness of any order of the department by filing with the department a sworn petition, setting forth the grounds and reasons for such person's objections and asking for a hearing of the matter involved. (b) The department shall thereupon fix the time and place for such hearing and shall notify the petitioner thereof. At such hearing, the petitioner, and any other interested party, may appear, present witnesses, and submit evidence. Following such hearing, the final order of determination of the department shall be conclusive; provided, that such final order of determination may be reviewed in any court of competent jurisdiction upon petition therefor, filed within fifteen (15) days after such final order of determination has been issued. All such hearings shall be held in the county where the waterworks and/or sewerage system affected is located and, if such system is located within any incorporated town, then such hearing shall be held at a public place in such town, and the hearing shall be a public hearing. (c) The chancery court of the county wherein such system is located shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part, whether such proceedings shall be instituted by the department, the waterworks system, the sewerage system or any company, corporation, municipality or individual authorized to institute such review proceedings. (d) The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any order issued pursuant to § 68-221-105 , or to prevent violation of any provision of this part, or any rule or regulation promulgated pursuant to this part. Acts 1945, ch. 52, § 6; C. Supp. 1950, § 5826.6; Acts 1972, ch. 445, § 1; T.C.A. (orig. ed.), §§ 53-2006, 68-13-106.
(a) Any person against whom an order is issued may secure a review of the necessity for or reasonableness of any order of the department by filing with the department a sworn petition, setting forth the grounds and reasons for such person's objections and asking for a hearing of the matter involved.
(b) The department shall thereupon fix the time and place for such hearing and shall notify the petitioner thereof. At such hearing, the petitioner, and any other interested party, may appear, present witnesses, and submit evidence. Following such hearing, the final order of determination of the department shall be conclusive; provided, that such final order of determination may be reviewed in any court of competent jurisdiction upon petition therefor, filed within fifteen (15) days after such final order of determination has been issued. All such hearings shall be held in the county where the waterworks and/or sewerage system affected is located and, if such system is located within any incorporated town, then such hearing shall be held at a public place in such town, and the hearing shall be a public hearing.
(c) The chancery court of the county wherein such system is located shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part, whether such proceedings shall be instituted by the department, the waterworks system, the sewerage system or any company, corporation, municipality or individual authorized to institute such review proceedings.
(d) The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any order issued pursuant to § 68-221-105 , or to prevent violation of any provision of this part, or any rule or regulation promulgated pursuant to this part.
Acts 1945, ch. 52, § 6; C. Supp. 1950, § 5826.6; Acts 1972, ch. 445, § 1; T.C.A. (orig. ed.), §§ 53-2006, 68-13-106.
Tenn. Code Ann. § 68-211-906 — TN Code / Title 68 / Chapter 211 / Section 68-211-906
Solid waste authorities - Public instrumentalities - Powers - Exclusive jurisdiction and right to control collection of solid waste within boundaries - Disposal of waste by manufacturing firms
Status: in_force

(a) Each solid waste authority created pursuant to this part shall be a public instrumentality of the county and municipal government or governments participating in its creation or participating by agreement after its creation. The authority shall have the following powers, together with all powers incidental thereto or necessary for the performance of such powers, to: (1) Have succession by the name given in the resolution or resolutions creating the authority, unless dissolved as provided in this part; (2) Sue and be sued and prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties; (3) Have and use a corporate seal and alter the same at pleasure; (4) Plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, and construct, equip, furnish, improve, repair, extend, maintain and operate one (1) or more projects, which projects shall be situated within the boundaries of the county or counties with respect to which the authority shall have been created, including all real and personal property, facilities and appurtenances which the board of directors of the authority may deem necessary in connection therewith and regardless of whether or not any such project shall then be in existence; (5) Acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, any and all types of property, whether real, personal or mixed, tangible or intangible and whether or not subject to mortgages, liens, charges or other encumbrances and hold, sell, lease, exchange, donate or convey any or all of its properties, facilities or services, whenever the board of directors of the authority shall find such action to be in furtherance of the purposes for which the authority is created; (6) Remove, receive, transport, collect, purchase, transfer or otherwise obtain solid waste for disposal or processing from any municipality, county, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person, and enter into contracts, agreements or other arrangements in connection therewith; (7) Sell, transfer, distribute or otherwise dispose of electricity, steam, or other forms of power or energy or energy producing material or any other material, product or commodity resulting from the operation of any project, facility or service of the authority to any municipality, county, the state of Tennessee, the United States or any agency thereof, the Tennessee Valley authority or any person, and enter into contracts, agreements or other arrangements in connection therewith; (8) Make and enter into all contracts, trust instruments, agreements and other instruments with any municipality, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person, including, without limitation, bonds and other forms of indebtedness and contracts for the management and operation of any project, facility or service of the authority or the treatment, processing, storage, transfer or disposal of solid waste; (9) Incur debts, borrow money, issue bonds and provide for the rights of the holders of such bonds; (10) Pledge all or any part of the revenues and receipts of the authority to the payment of any indebtedness of the authority, and make covenants in connection with the issuance of bonds or other indebtedness or to secure the payment of such bonds or other indebtedness; (11) Have control of its projects, facilities and services with the right and duty to establish and charge fees, rentals, rates and other charges for the use of the facilities and services of the authority, and the sale of materials or commodities by the authority, and collect revenues and receipts therefrom, not inconsistent with the rights of holders of its bonds; (12) Apply for and accept donations, contributions, loans, guaranties, financial assistance, capital grants or gifts from any municipality, county, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person for or in aid of the purposes of the authority and enter into agreements in connection therewith; (13) Operate, maintain, manage, and enter into contracts for the operation, maintenance and management of any project undertaken, and make rules and regulations with regard to such operation, maintenance and management; (14) Exercise all powers expressly given in this part and in the creation and amendment of resolutions and establish bylaws and make all rules and regulations not inconsistent with the creation and amendment of resolutions or this chapter, deemed expedient for the management of the affairs of the authority; (15) Enter onto any lands, waters and premises for the purpose of making surveys, soundings and examinations in and for the furtherance of the purposes authorized by this part and part 8 of this chapter at reasonable times and with written notice to property owners; (16) Employ and pay compensation to such employees and agents, including attorneys, accountants, engineers, architects and financial advisors, as the board of directors shall deem necessary for the business of the authority; (17) Authorize its employees to participate in the Tennessee consolidated retirement system pursuant to § 8-35-243 , and guarantee any outstanding liability incurred by such participation out of any funds or money of the authority available therefor; (18) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of any county or counties, or municipalities with respect to which the authority shall have been created, with the consent of such county or counties, or municipalities and subject to such terms and conditions as may be agreed upon; and (19) Exercise all powers expressly given to it and establish and make rules and regulations not inconsistent with this part and part 8 of this chapter, deemed expedient for the management of the authority's affairs. (b) Except as otherwise provided in this part, an authority, with the concurrence of the county governing body in any county for the territory outside of municipal boundaries, and the governing body of any municipality for the territory of the municipality, may exercise exclusive jurisdiction and exclusive right to control the collection of solid waste within its boundaries, and to control the disposition of solid waste collected within its boundaries. (c) The power granted to an authority by this section shall not prevent a manufacturing firm which holds a permit from the state of Tennessee to dispose of or utilize its own solid wastes on the property of the manufacturing firm. Acts 1991, ch. 451, § 63; T.C.A., § 68-31-906; Acts 1993, ch. 67, § 12.
(a) Each solid waste authority created pursuant to this part shall be a public instrumentality of the county and municipal government or governments participating in its creation or participating by agreement after its creation. The authority shall have the following powers, together with all powers incidental thereto or necessary for the performance of such powers, to: (1) Have succession by the name given in the resolution or resolutions creating the authority, unless dissolved as provided in this part; (2) Sue and be sued and prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties; (3) Have and use a corporate seal and alter the same at pleasure; (4) Plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, and construct, equip, furnish, improve, repair, extend, maintain and operate one (1) or more projects, which projects shall be situated within the boundaries of the county or counties with respect to which the authority shall have been created, including all real and personal property, facilities and appurtenances which the board of directors of the authority may deem necessary in connection therewith and regardless of whether or not any such project shall then be in existence; (5) Acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, any and all types of property, whether real, personal or mixed, tangible or intangible and whether or not subject to mortgages, liens, charges or other encumbrances and hold, sell, lease, exchange, donate or convey any or all of its properties, facilities or services, whenever the board of directors of the authority shall find such action to be in furtherance of the purposes for which the authority is created; (6) Remove, receive, transport, collect, purchase, transfer or otherwise obtain solid waste for disposal or processing from any municipality, county, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person, and enter into contracts, agreements or other arrangements in connection therewith; (7) Sell, transfer, distribute or otherwise dispose of electricity, steam, or other forms of power or energy or energy producing material or any other material, product or commodity resulting from the operation of any project, facility or service of the authority to any municipality, county, the state of Tennessee, the United States or any agency thereof, the Tennessee Valley authority or any person, and enter into contracts, agreements or other arrangements in connection therewith; (8) Make and enter into all contracts, trust instruments, agreements and other instruments with any municipality, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person, including, without limitation, bonds and other forms of indebtedness and contracts for the management and operation of any project, facility or service of the authority or the treatment, processing, storage, transfer or disposal of solid waste; (9) Incur debts, borrow money, issue bonds and provide for the rights of the holders of such bonds; (10) Pledge all or any part of the revenues and receipts of the authority to the payment of any indebtedness of the authority, and make covenants in connection with the issuance of bonds or other indebtedness or to secure the payment of such bonds or other indebtedness; (11) Have control of its projects, facilities and services with the right and duty to establish and charge fees, rentals, rates and other charges for the use of the facilities and services of the authority, and the sale of materials or commodities by the authority, and collect revenues and receipts therefrom, not inconsistent with the rights of holders of its bonds; (12) Apply for and accept donations, contributions, loans, guaranties, financial assistance, capital grants or gifts from any municipality, county, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person for or in aid of the purposes of the authority and enter into agreements in connection therewith; (13) Operate, maintain, manage, and enter into contracts for the operation, maintenance and management of any project undertaken, and make rules and regulations with regard to such operation, maintenance and management; (14) Exercise all powers expressly given in this part and in the creation and amendment of resolutions and establish bylaws and make all rules and regulations not inconsistent with the creation and amendment of resolutions or this chapter, deemed expedient for the management of the affairs of the authority; (15) Enter onto any lands, waters and premises for the purpose of making surveys, soundings and examinations in and for the furtherance of the purposes authorized by this part and part 8 of this chapter at reasonable times and with written notice to property owners; (16) Employ and pay compensation to such employees and agents, including attorneys, accountants, engineers, architects and financial advisors, as the board of directors shall deem necessary for the business of the authority; (17) Authorize its employees to participate in the Tennessee consolidated retirement system pursuant to § 8-35-243 , and guarantee any outstanding liability incurred by such participation out of any funds or money of the authority available therefor; (18) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of any county or counties, or municipalities with respect to which the authority shall have been created, with the consent of such county or counties, or municipalities and subject to such terms and conditions as may be agreed upon; and (19) Exercise all powers expressly given to it and establish and make rules and regulations not inconsistent with this part and part 8 of this chapter, deemed expedient for the management of the authority's affairs.
(1) Have succession by the name given in the resolution or resolutions creating the authority, unless dissolved as provided in this part;
(2) Sue and be sued and prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;
(3) Have and use a corporate seal and alter the same at pleasure;
(4) Plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, and construct, equip, furnish, improve, repair, extend, maintain and operate one (1) or more projects, which projects shall be situated within the boundaries of the county or counties with respect to which the authority shall have been created, including all real and personal property, facilities and appurtenances which the board of directors of the authority may deem necessary in connection therewith and regardless of whether or not any such project shall then be in existence;
(5) Acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the power of eminent domain or otherwise, any and all types of property, whether real, personal or mixed, tangible or intangible and whether or not subject to mortgages, liens, charges or other encumbrances and hold, sell, lease, exchange, donate or convey any or all of its properties, facilities or services, whenever the board of directors of the authority shall find such action to be in furtherance of the purposes for which the authority is created;
(6) Remove, receive, transport, collect, purchase, transfer or otherwise obtain solid waste for disposal or processing from any municipality, county, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person, and enter into contracts, agreements or other arrangements in connection therewith;
(7) Sell, transfer, distribute or otherwise dispose of electricity, steam, or other forms of power or energy or energy producing material or any other material, product or commodity resulting from the operation of any project, facility or service of the authority to any municipality, county, the state of Tennessee, the United States or any agency thereof, the Tennessee Valley authority or any person, and enter into contracts, agreements or other arrangements in connection therewith;
(8) Make and enter into all contracts, trust instruments, agreements and other instruments with any municipality, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person, including, without limitation, bonds and other forms of indebtedness and contracts for the management and operation of any project, facility or service of the authority or the treatment, processing, storage, transfer or disposal of solid waste;
(9) Incur debts, borrow money, issue bonds and provide for the rights of the holders of such bonds;
(10) Pledge all or any part of the revenues and receipts of the authority to the payment of any indebtedness of the authority, and make covenants in connection with the issuance of bonds or other indebtedness or to secure the payment of such bonds or other indebtedness;
(11) Have control of its projects, facilities and services with the right and duty to establish and charge fees, rentals, rates and other charges for the use of the facilities and services of the authority, and the sale of materials or commodities by the authority, and collect revenues and receipts therefrom, not inconsistent with the rights of holders of its bonds;
(12) Apply for and accept donations, contributions, loans, guaranties, financial assistance, capital grants or gifts from any municipality, county, the state of Tennessee, the United States government or any agency thereof, the Tennessee Valley authority or any person for or in aid of the purposes of the authority and enter into agreements in connection therewith;
(13) Operate, maintain, manage, and enter into contracts for the operation, maintenance and management of any project undertaken, and make rules and regulations with regard to such operation, maintenance and management;
(14) Exercise all powers expressly given in this part and in the creation and amendment of resolutions and establish bylaws and make all rules and regulations not inconsistent with the creation and amendment of resolutions or this chapter, deemed expedient for the management of the affairs of the authority;
(15) Enter onto any lands, waters and premises for the purpose of making surveys, soundings and examinations in and for the furtherance of the purposes authorized by this part and part 8 of this chapter at reasonable times and with written notice to property owners;
(16) Employ and pay compensation to such employees and agents, including attorneys, accountants, engineers, architects and financial advisors, as the board of directors shall deem necessary for the business of the authority;
(17) Authorize its employees to participate in the Tennessee consolidated retirement system pursuant to § 8-35-243 , and guarantee any outstanding liability incurred by such participation out of any funds or money of the authority available therefor;
(18) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of any county or counties, or municipalities with respect to which the authority shall have been created, with the consent of such county or counties, or municipalities and subject to such terms and conditions as may be agreed upon; and
(19) Exercise all powers expressly given to it and establish and make rules and regulations not inconsistent with this part and part 8 of this chapter, deemed expedient for the management of the authority's affairs.
(b) Except as otherwise provided in this part, an authority, with the concurrence of the county governing body in any county for the territory outside of municipal boundaries, and the governing body of any municipality for the territory of the municipality, may exercise exclusive jurisdiction and exclusive right to control the collection of solid waste within its boundaries, and to control the disposition of solid waste collected within its boundaries.
(c) The power granted to an authority by this section shall not prevent a manufacturing firm which holds a permit from the state of Tennessee to dispose of or utilize its own solid wastes on the property of the manufacturing firm.
Acts 1991, ch. 451, § 63; T.C.A., § 68-31-906; Acts 1993, ch. 67, § 12.
Tenn. Code Ann. § 68-221-1307 — TN Code / Title 68 / Chapter 221 / Section 68-221-1307
Powers of authority - Prohibited actions - County growth plan
Status: in_force

(a) An authority has all powers necessary to accomplish the purposes of this part, excluding the power to levy and collect taxes. The powers include, but are not limited to, the following: (1) Have perpetual succession, sue and be sued, and adopt a corporate seal; (2) Plan, establish, acquire, construct, improve and operate one (1) or more treatment works within or without the creating and participating governmental entities and within this state and within any adjoining state; (3) Acquire real or personal property or any interest in property by gift, lease or purchase, for any of the purposes provided in this part; and to sell, lease or otherwise dispose of any such property; (4) Enter into agreements with the creating governmental entity or with participating governmental entities, to acquire by lease, gift, purchase or otherwise, any treatment works, or property related to any treatment works, of the creating governmental entity and operate the treatment works as a part of its treatment works; or enter into agreements with participating governmental entities providing for the operation by the authority of the treatment works, or any portion of the treatment works, owned by any participating governmental entity; (5) Enter into agreements with the creating governmental entity and participating governmental entities with respect to the manner of transfer of treatment works employees of the governmental entities to the authority, and with respect to the retention by those employees of accrued pension, disability, hospitalization and death benefits; (6) Enter into, by contract with the creating governmental entity or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority; (7) Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of treatment works operated by it, and accept the financial assistance; (8) Make studies and recommend to the appropriate commissions and legislative bodies of the creating and participating governmental entities, zoning changes in the area of any treatment works operated by the authority; (9) Have control of the authority's treatment works with the right and duty to establish and charge fees, rates and other charges, as set out in this part, and collect revenues from the fees, rates and other charges, not inconsistent with the rights of the holders of its bonds; (10) Appoint an executive director, and acknowledge the executive director's staff appointments of a secretary, a treasurer, an auditor, legal counsel and a chief engineer; prescribe their duties and qualifications; and fix their compensation; (11) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of the creating governmental entity or any participating governmental entity, with the consent of any such governmental entity, and subject to any terms and conditions that may be agreed upon; (12) Enter any lands, waters or premises that, in the judgment of the authority, may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this part, the authority to be liable for actual damage done; (13) Designate an independent certified public accountant firm to do an annual post audit of all books, accounts and records of the authority and issue a public report on the audit; (14) Adopt by majority vote of the board the purchasing procedures for utility districts as defined in title 7, chapter 82, part 8; and (15) Adopt regulations by majority vote of the board, including, but not limited to, requirements for the posting of performance bonds and maintenance bonds, governing the operation and maintenance of nontraditional sewage disposal systems. "Nontraditional sewage disposal systems" does not include subsurface sewage disposal systems that are subject to the permitting requirements of part 4 of this chapter, nor to wastewater collection and disposal systems that are owned or operated by a governmental entity. The Water Quality Control Act, compiled in title 69, chapter 3, and regulations adopted under that act, shall prevail over any such regulations of an authority in the event of a conflict; provided, that the authority may adopt regulations that are more stringent than the Water Quality Control Act and regulations promulgated under that act, if a copy of the regulations is filed with the department. (b) The commissioners, all appointed officers, and all personnel employed by the board of commissioners of any water and wastewater authority under this chapter, are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the installation of water and wastewater service within the bounds of the district; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed within the bounds of the district as water and wastewater service. (c) Authorities shall provide information requested for the county growth plan to the county or counties in which they provide service. The plans, services, and projects of an authority shall be consistent with the relevant county growth plan. Acts 2007, ch. 250, § 1.
(a) An authority has all powers necessary to accomplish the purposes of this part, excluding the power to levy and collect taxes. The powers include, but are not limited to, the following: (1) Have perpetual succession, sue and be sued, and adopt a corporate seal; (2) Plan, establish, acquire, construct, improve and operate one (1) or more treatment works within or without the creating and participating governmental entities and within this state and within any adjoining state; (3) Acquire real or personal property or any interest in property by gift, lease or purchase, for any of the purposes provided in this part; and to sell, lease or otherwise dispose of any such property; (4) Enter into agreements with the creating governmental entity or with participating governmental entities, to acquire by lease, gift, purchase or otherwise, any treatment works, or property related to any treatment works, of the creating governmental entity and operate the treatment works as a part of its treatment works; or enter into agreements with participating governmental entities providing for the operation by the authority of the treatment works, or any portion of the treatment works, owned by any participating governmental entity; (5) Enter into agreements with the creating governmental entity and participating governmental entities with respect to the manner of transfer of treatment works employees of the governmental entities to the authority, and with respect to the retention by those employees of accrued pension, disability, hospitalization and death benefits; (6) Enter into, by contract with the creating governmental entity or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority; (7) Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of treatment works operated by it, and accept the financial assistance; (8) Make studies and recommend to the appropriate commissions and legislative bodies of the creating and participating governmental entities, zoning changes in the area of any treatment works operated by the authority; (9) Have control of the authority's treatment works with the right and duty to establish and charge fees, rates and other charges, as set out in this part, and collect revenues from the fees, rates and other charges, not inconsistent with the rights of the holders of its bonds; (10) Appoint an executive director, and acknowledge the executive director's staff appointments of a secretary, a treasurer, an auditor, legal counsel and a chief engineer; prescribe their duties and qualifications; and fix their compensation; (11) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of the creating governmental entity or any participating governmental entity, with the consent of any such governmental entity, and subject to any terms and conditions that may be agreed upon; (12) Enter any lands, waters or premises that, in the judgment of the authority, may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this part, the authority to be liable for actual damage done; (13) Designate an independent certified public accountant firm to do an annual post audit of all books, accounts and records of the authority and issue a public report on the audit; (14) Adopt by majority vote of the board the purchasing procedures for utility districts as defined in title 7, chapter 82, part 8; and (15) Adopt regulations by majority vote of the board, including, but not limited to, requirements for the posting of performance bonds and maintenance bonds, governing the operation and maintenance of nontraditional sewage disposal systems. "Nontraditional sewage disposal systems" does not include subsurface sewage disposal systems that are subject to the permitting requirements of part 4 of this chapter, nor to wastewater collection and disposal systems that are owned or operated by a governmental entity. The Water Quality Control Act, compiled in title 69, chapter 3, and regulations adopted under that act, shall prevail over any such regulations of an authority in the event of a conflict; provided, that the authority may adopt regulations that are more stringent than the Water Quality Control Act and regulations promulgated under that act, if a copy of the regulations is filed with the department.
(1) Have perpetual succession, sue and be sued, and adopt a corporate seal;
(2) Plan, establish, acquire, construct, improve and operate one (1) or more treatment works within or without the creating and participating governmental entities and within this state and within any adjoining state;
(3) Acquire real or personal property or any interest in property by gift, lease or purchase, for any of the purposes provided in this part; and to sell, lease or otherwise dispose of any such property;
(4) Enter into agreements with the creating governmental entity or with participating governmental entities, to acquire by lease, gift, purchase or otherwise, any treatment works, or property related to any treatment works, of the creating governmental entity and operate the treatment works as a part of its treatment works; or enter into agreements with participating governmental entities providing for the operation by the authority of the treatment works, or any portion of the treatment works, owned by any participating governmental entity;
(5) Enter into agreements with the creating governmental entity and participating governmental entities with respect to the manner of transfer of treatment works employees of the governmental entities to the authority, and with respect to the retention by those employees of accrued pension, disability, hospitalization and death benefits;
(6) Enter into, by contract with the creating governmental entity or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority;
(7) Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of treatment works operated by it, and accept the financial assistance;
(8) Make studies and recommend to the appropriate commissions and legislative bodies of the creating and participating governmental entities, zoning changes in the area of any treatment works operated by the authority;
(9) Have control of the authority's treatment works with the right and duty to establish and charge fees, rates and other charges, as set out in this part, and collect revenues from the fees, rates and other charges, not inconsistent with the rights of the holders of its bonds;
(10) Appoint an executive director, and acknowledge the executive director's staff appointments of a secretary, a treasurer, an auditor, legal counsel and a chief engineer; prescribe their duties and qualifications; and fix their compensation;
(11) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of the creating governmental entity or any participating governmental entity, with the consent of any such governmental entity, and subject to any terms and conditions that may be agreed upon;
(12) Enter any lands, waters or premises that, in the judgment of the authority, may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this part, the authority to be liable for actual damage done;
(13) Designate an independent certified public accountant firm to do an annual post audit of all books, accounts and records of the authority and issue a public report on the audit;
(14) Adopt by majority vote of the board the purchasing procedures for utility districts as defined in title 7, chapter 82, part 8; and
(15) Adopt regulations by majority vote of the board, including, but not limited to, requirements for the posting of performance bonds and maintenance bonds, governing the operation and maintenance of nontraditional sewage disposal systems. "Nontraditional sewage disposal systems" does not include subsurface sewage disposal systems that are subject to the permitting requirements of part 4 of this chapter, nor to wastewater collection and disposal systems that are owned or operated by a governmental entity. The Water Quality Control Act, compiled in title 69, chapter 3, and regulations adopted under that act, shall prevail over any such regulations of an authority in the event of a conflict; provided, that the authority may adopt regulations that are more stringent than the Water Quality Control Act and regulations promulgated under that act, if a copy of the regulations is filed with the department.
(b) The commissioners, all appointed officers, and all personnel employed by the board of commissioners of any water and wastewater authority under this chapter, are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the installation of water and wastewater service within the bounds of the district; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed within the bounds of the district as water and wastewater service.
(c) Authorities shall provide information requested for the county growth plan to the county or counties in which they provide service. The plans, services, and projects of an authority shall be consistent with the relevant county growth plan.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-221-1311 — TN Code / Title 68 / Chapter 221 / Section 68-221-1311
Power to issue bonds - Conditions of bonds - Rights of bondholders - Execution - Tax exemption - Legal investment - Conflicting laws - Full faith and credit
Status: in_force

(a) (1) The authority has the power to issue negotiable bonds from time to time in order to accomplish any of the purposes authorized by this part. The authority also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this part. (2) All these bonds shall be payable from all or any part of the revenues, income and charges of the authority and the bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities. (b) (1) The bonds shall be authorized by resolution of the board and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds. (2) The bonds may be sold at public or private sale in such manner and for such amount as the board may determine. (c) The resolution may include any covenants that are deemed necessary by the board to make the bonds secure and marketable, including, but not limited to, covenants regarding: (1) The application of the bond proceeds; (2) The pledging, application and securing of the revenues of the authority; (3) The creation and maintenance of reserves; (4) The investment of funds; (5) The issuance of additional bonds; (6) The maintenance of minimum fees, charges and rentals; (7) The operation and maintenance of the authority's treatment works; (8) Insurance and insurance proceeds; (9) Accounts and audits; (10) The sale of treatment works properties; (11) Remedies of bondholders; (12) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; (13) The terms and conditions upon which bondholders may exercise their rights and remedies; (14) The replacement of lost, destroyed or mutilated bonds; (15) The definition, consequences and remedies of an event of default; (16) The amendment of such resolution; and (17) The appointment of a receiver in the event of a default. (d) Any holder of any such bonds, including any trustee for any bondholders, may enforce their rights against the authority, its board or any officer, agent or employee of the authority, by mandamus, injunction or other action in any court of competent jurisdiction, subject to the covenants included in the bond resolution. (e) (1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on the bonds. (2) All sums received as principal or premium from the sale shall be applied to the purpose for which the bonds were issued, and may include, but not be limited to, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with the bonds, and to create a reserve for the payment of not exceeding one (1) year of interest on the bonds. (f) Bonds issued pursuant to this part executed by officers in office on the date of the execution shall be valid obligations of the authority, notwithstanding that before the delivery of the bonds, any or all of the persons executing the bonds shall have ceased to be officers. (g) Bonds issued pursuant to this part, and the income from the bonds, shall be exempt from all state, county and municipal taxation except inheritance, transfer and estate taxes. (h) All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees, and all other fiduciaries in the state may legally invest funds within their control in bonds of an authority. (i) Any bonds issued for the purpose of financing the cost of the establishment, construction, installation, acquisition, extension or improvement of any treatment works, as defined by § 68-221-603 , that are to be the joint obligations of the authority and any creating governmental entity, or participating governmental entity, shall be authorized and issued by the governmental entity in the form and manner prescribed by the applicable provisions of [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed], and the construction, installation, acquisition, extension or improvement of any treatment works shall be deemed to be a public works project, as defined in [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed]. To the extent any of [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed], relating to the terms and conditions of any bonds so issued, conflict with this section, the former shall prevail. (j) Any bonds upon which any creating governmental entity, or participating governmental entity, is jointly obligated with the authority may be secured by the full faith and credit and taxing powers of the governmental entity as provided in the chapters cited in subsection (i). (k) A bond or note authorized by this chapter shall not be issued until the resolution authorizing the issuance of bonds or notes, together with a statement as of the beginning of the then current fiscal year, which statement must show in detail the total outstanding bonds, notes, warrants, refunding bonds, and other evidences of indebtedness of the authority, together with the maturity dates of the bonds, notes, warrants, refunding bonds, and other evidences of indebtedness, interest rates, special provisions for payment, the project to be funded by the bonds or notes, the current operating financial statement of the authority and any other pertinent financial information, is submitted to the comptroller of the treasury or the comptroller's designee for review, and the comptroller of the treasury or the comptroller's designee shall report thereon to the authority within fifteen (15) days from the date the plan is received by the comptroller of the treasury or the comptroller's designee. The comptroller of the treasury or the comptroller's designee shall immediately acknowledge receipt in writing of the proposed bond or note issue statement and information. The report thus received by the authority must be published once in a newspaper of general circulation in the county of the principal office of the authority or the county the authority primarily serves if its principal office is not also located in that county, and once on the authority's website, during the week following the report's receipt. After receiving the report of the comptroller of the treasury or the comptroller's designee, and after publication of such report, or after the expiration of fifteen (15) days from the date the statement and information are received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the authority may take such action with reference to the proposed bond or note issue as it deems advisable. Such report of the comptroller of the treasury or the comptroller's designee must also be made a part of the bond transcript. (l) Any provision of this section related to the review or approval of any bond or note issued by the comptroller of the treasury or the comptroller's designee, or other state agency, does not apply when the bond or bonds or other evidence of indebtedness of the authority are to be purchased or the loan is to be made by the farmers home administration or any other direct lending department of the government of the United States. (m) If an authority proposes to sell bonds in excess of fifty million dollars ($50,000,000) at a negotiated sale, a written request for proposal must be sent to a minimum of five (5) qualified firms no later than thirty (30) days prior to the first meeting of the board of commissioners to discuss the specific bond transaction. A minimum of three (3) proposals must be received no later than fourteen (14) days prior to such first meeting. This requirement applies to both financial advisory and underwriting services. Amended by 2022 Tenn. Acts, ch. 663, s 3, eff. 3/16/2022. Amended by 2021 Tenn. Acts, ch. 256, s 10, eff. 4/28/2021. Acts 2007 , ch. 250, § 1.
(a) (1) The authority has the power to issue negotiable bonds from time to time in order to accomplish any of the purposes authorized by this part. The authority also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this part. (2) All these bonds shall be payable from all or any part of the revenues, income and charges of the authority and the bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities.
(1) The authority has the power to issue negotiable bonds from time to time in order to accomplish any of the purposes authorized by this part. The authority also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this part.
(2) All these bonds shall be payable from all or any part of the revenues, income and charges of the authority and the bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities.
(b) (1) The bonds shall be authorized by resolution of the board and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds. (2) The bonds may be sold at public or private sale in such manner and for such amount as the board may determine.
(1) The bonds shall be authorized by resolution of the board and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds.
(2) The bonds may be sold at public or private sale in such manner and for such amount as the board may determine.
(c) The resolution may include any covenants that are deemed necessary by the board to make the bonds secure and marketable, including, but not limited to, covenants regarding: (1) The application of the bond proceeds; (2) The pledging, application and securing of the revenues of the authority; (3) The creation and maintenance of reserves; (4) The investment of funds; (5) The issuance of additional bonds; (6) The maintenance of minimum fees, charges and rentals; (7) The operation and maintenance of the authority's treatment works; (8) Insurance and insurance proceeds; (9) Accounts and audits; (10) The sale of treatment works properties; (11) Remedies of bondholders; (12) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; (13) The terms and conditions upon which bondholders may exercise their rights and remedies; (14) The replacement of lost, destroyed or mutilated bonds; (15) The definition, consequences and remedies of an event of default; (16) The amendment of such resolution; and (17) The appointment of a receiver in the event of a default.
(1) The application of the bond proceeds;
(2) The pledging, application and securing of the revenues of the authority;
(3) The creation and maintenance of reserves;
(4) The investment of funds;
(5) The issuance of additional bonds;
(6) The maintenance of minimum fees, charges and rentals;
(7) The operation and maintenance of the authority's treatment works;
(8) Insurance and insurance proceeds;
(9) Accounts and audits;
(10) The sale of treatment works properties;
(11) Remedies of bondholders;
(12) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable;
(13) The terms and conditions upon which bondholders may exercise their rights and remedies;
(14) The replacement of lost, destroyed or mutilated bonds;
(15) The definition, consequences and remedies of an event of default;
(16) The amendment of such resolution; and
(17) The appointment of a receiver in the event of a default.
(d) Any holder of any such bonds, including any trustee for any bondholders, may enforce their rights against the authority, its board or any officer, agent or employee of the authority, by mandamus, injunction or other action in any court of competent jurisdiction, subject to the covenants included in the bond resolution.
(e) (1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on the bonds. (2) All sums received as principal or premium from the sale shall be applied to the purpose for which the bonds were issued, and may include, but not be limited to, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with the bonds, and to create a reserve for the payment of not exceeding one (1) year of interest on the bonds.
(1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on the bonds.
(2) All sums received as principal or premium from the sale shall be applied to the purpose for which the bonds were issued, and may include, but not be limited to, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with the bonds, and to create a reserve for the payment of not exceeding one (1) year of interest on the bonds.
(f) Bonds issued pursuant to this part executed by officers in office on the date of the execution shall be valid obligations of the authority, notwithstanding that before the delivery of the bonds, any or all of the persons executing the bonds shall have ceased to be officers.
(g) Bonds issued pursuant to this part, and the income from the bonds, shall be exempt from all state, county and municipal taxation except inheritance, transfer and estate taxes.
(h) All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees, and all other fiduciaries in the state may legally invest funds within their control in bonds of an authority.
(i) Any bonds issued for the purpose of financing the cost of the establishment, construction, installation, acquisition, extension or improvement of any treatment works, as defined by § 68-221-603 , that are to be the joint obligations of the authority and any creating governmental entity, or participating governmental entity, shall be authorized and issued by the governmental entity in the form and manner prescribed by the applicable provisions of [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed], and the construction, installation, acquisition, extension or improvement of any treatment works shall be deemed to be a public works project, as defined in [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed]. To the extent any of [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed], relating to the terms and conditions of any bonds so issued, conflict with this section, the former shall prevail.
(j) Any bonds upon which any creating governmental entity, or participating governmental entity, is jointly obligated with the authority may be secured by the full faith and credit and taxing powers of the governmental entity as provided in the chapters cited in subsection (i).
(k) A bond or note authorized by this chapter shall not be issued until the resolution authorizing the issuance of bonds or notes, together with a statement as of the beginning of the then current fiscal year, which statement must show in detail the total outstanding bonds, notes, warrants, refunding bonds, and other evidences of indebtedness of the authority, together with the maturity dates of the bonds, notes, warrants, refunding bonds, and other evidences of indebtedness, interest rates, special provisions for payment, the project to be funded by the bonds or notes, the current operating financial statement of the authority and any other pertinent financial information, is submitted to the comptroller of the treasury or the comptroller's designee for review, and the comptroller of the treasury or the comptroller's designee shall report thereon to the authority within fifteen (15) days from the date the plan is received by the comptroller of the treasury or the comptroller's designee. The comptroller of the treasury or the comptroller's designee shall immediately acknowledge receipt in writing of the proposed bond or note issue statement and information. The report thus received by the authority must be published once in a newspaper of general circulation in the county of the principal office of the authority or the county the authority primarily serves if its principal office is not also located in that county, and once on the authority's website, during the week following the report's receipt. After receiving the report of the comptroller of the treasury or the comptroller's designee, and after publication of such report, or after the expiration of fifteen (15) days from the date the statement and information are received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the authority may take such action with reference to the proposed bond or note issue as it deems advisable. Such report of the comptroller of the treasury or the comptroller's designee must also be made a part of the bond transcript.
(l) Any provision of this section related to the review or approval of any bond or note issued by the comptroller of the treasury or the comptroller's designee, or other state agency, does not apply when the bond or bonds or other evidence of indebtedness of the authority are to be purchased or the loan is to be made by the farmers home administration or any other direct lending department of the government of the United States.
(m) If an authority proposes to sell bonds in excess of fifty million dollars ($50,000,000) at a negotiated sale, a written request for proposal must be sent to a minimum of five (5) qualified firms no later than thirty (30) days prior to the first meeting of the board of commissioners to discuss the specific bond transaction. A minimum of three (3) proposals must be received no later than fourteen (14) days prior to such first meeting. This requirement applies to both financial advisory and underwriting services.
Amended by 2022 Tenn. Acts, ch. 663, s 3, eff. 3/16/2022.
Amended by 2021 Tenn. Acts, ch. 256, s 10, eff. 4/28/2021.
Acts 2007 , ch. 250, § 1.
Tenn. Code Ann. § 68-221-202 — TN Code / Title 68 / Chapter 221 / Section 68-221-202
State grants to municipalities
Status: in_force

(a) The state of Tennessee is authorized to make repayable grants to any municipality to assist the municipality in the construction of sewage treatment works. Such loans shall be made from the proceeds of bonds or notes issued by the authority for the purpose of making such loans. The authority shall establish the repayment schedule for the repayment of the repayable grant, and the repayable grant agreement shall be between the state, acting through the authority and the department, and the municipality. At the time of approval of the repayable grant agreement, the annual repayment schedule applicable to all approved repayable grants to a municipality under this part, when combined with annual repayment schedules applicable to approved loans to the municipality under part 5 of this chapter, shall not exceed two hundred percent (200%) of the unobligated amount of annual state-shared taxes paid to the municipality as shown by the latest completed audit for the state's fiscal year; provided, that the authority may impose more strict requirements if, in its judgment, deemed necessary or advisable. Nothing contained herein shall require a uniform test for all repayable grants, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each repayable grant. In exercising its discretion, the authority shall take into consideration the general financial condition of the municipality receiving the repayable grant and the ability of the system, for which such repayable grant is to be made, to generate user fees sufficient to pay the costs of operation, maintenance and debt service of the system, including depreciation in accordance with generally accepted accounting principles. For purposes of determining compliance with this subsection (a), the annual repayment schedule for each repayable grant or loan shall be, in cases prior to the funding of such repayable grants or loans or where such repayable grants or loans have been financed on an interim basis other than by bonds, an estimated annual repayment schedule showing debt service requirements under the repayable grant or loan agreements as if the bonds to be issued to fund such repayable grants or loans will bear interest at a rate per annum and mature in such manner as the authority shall establish at the time of approval of each such repayable grant or loan and, in cases where bonds have been issued to fund such repayable grant or loan, the actual debt service requirements on such bonds. (b) Only municipalities receiving state-shared taxes shall be eligible to participate in the program under this part; provided, that one (1) or more municipalities receiving state-shared taxes may enter into a contract pursuant to this part and loan the proceeds of such sewage treatment works loan to a municipality not receiving state-shared taxes. Acts 1967, ch. 362, § 2; 1978, ch. 843, §§ 2, 7; 1982, ch. 873, § 2; T.C.A., § 53-2018; Acts 1984, ch. 965, § 5; 1989, ch. 233, § 8; T.C.A., § 68-13-202.
(a) The state of Tennessee is authorized to make repayable grants to any municipality to assist the municipality in the construction of sewage treatment works. Such loans shall be made from the proceeds of bonds or notes issued by the authority for the purpose of making such loans. The authority shall establish the repayment schedule for the repayment of the repayable grant, and the repayable grant agreement shall be between the state, acting through the authority and the department, and the municipality. At the time of approval of the repayable grant agreement, the annual repayment schedule applicable to all approved repayable grants to a municipality under this part, when combined with annual repayment schedules applicable to approved loans to the municipality under part 5 of this chapter, shall not exceed two hundred percent (200%) of the unobligated amount of annual state-shared taxes paid to the municipality as shown by the latest completed audit for the state's fiscal year; provided, that the authority may impose more strict requirements if, in its judgment, deemed necessary or advisable. Nothing contained herein shall require a uniform test for all repayable grants, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each repayable grant. In exercising its discretion, the authority shall take into consideration the general financial condition of the municipality receiving the repayable grant and the ability of the system, for which such repayable grant is to be made, to generate user fees sufficient to pay the costs of operation, maintenance and debt service of the system, including depreciation in accordance with generally accepted accounting principles. For purposes of determining compliance with this subsection (a), the annual repayment schedule for each repayable grant or loan shall be, in cases prior to the funding of such repayable grants or loans or where such repayable grants or loans have been financed on an interim basis other than by bonds, an estimated annual repayment schedule showing debt service requirements under the repayable grant or loan agreements as if the bonds to be issued to fund such repayable grants or loans will bear interest at a rate per annum and mature in such manner as the authority shall establish at the time of approval of each such repayable grant or loan and, in cases where bonds have been issued to fund such repayable grant or loan, the actual debt service requirements on such bonds.
(b) Only municipalities receiving state-shared taxes shall be eligible to participate in the program under this part; provided, that one (1) or more municipalities receiving state-shared taxes may enter into a contract pursuant to this part and loan the proceeds of such sewage treatment works loan to a municipality not receiving state-shared taxes.
Acts 1967, ch. 362, § 2; 1978, ch. 843, §§ 2, 7; 1982, ch. 873, § 2; T.C.A., § 53-2018; Acts 1984, ch. 965, § 5; 1989, ch. 233, § 8; T.C.A., § 68-13-202.
Tenn. Code Ann. § 68-211-301 — TN Code / Title 68 / Chapter 211 / Section 68-211-301
Short title
Status: in_force

This part shall be known and may be cited as the "Tire Environmental Act". Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
This part shall be known and may be cited as the "Tire Environmental Act".
Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
Tenn. Code Ann. § 68-211-502 — TN Code / Title 68 / Chapter 211 / Section 68-211-502
Powers of municipality
Status: in_force

A municipality has the power to construct, purchase, improve, operate and maintain within its corporate limits, or within the limits of the county wherein it is located, an energy recovery facility or facilities and/or resource recovery facility or facilities for the production of energy from the energy recovery facility for heating or cooling, and/or the production of electricity or process steam and/or the production of fuel mixtures or fuel supplements and recovery of recyclable materials from solid waste and the sale of the fuel supplements, and recyclable materials. The construction of the facility shall include all necessary land, rights-of-way, easements, buildings and all other appurtenances usual to such plants, as well as the building of all necessary means of transportation, including pipelines for energy or fuel supplements, including obtaining all necessary rights of way or easements necessary thereto. Acts 1974, ch. 787, § 2; 1975, ch. 158, § 2; T.C.A., §§ 53-4339, 68-31-502.
A municipality has the power to construct, purchase, improve, operate and maintain within its corporate limits, or within the limits of the county wherein it is located, an energy recovery facility or facilities and/or resource recovery facility or facilities for the production of energy from the energy recovery facility for heating or cooling, and/or the production of electricity or process steam and/or the production of fuel mixtures or fuel supplements and recovery of recyclable materials from solid waste and the sale of the fuel supplements, and recyclable materials. The construction of the facility shall include all necessary land, rights-of-way, easements, buildings and all other appurtenances usual to such plants, as well as the building of all necessary means of transportation, including pipelines for energy or fuel supplements, including obtaining all necessary rights of way or easements necessary thereto.
Acts 1974, ch. 787, § 2; 1975, ch. 158, § 2; T.C.A., §§ 53-4339, 68-31-502.
Tenn. Code Ann. § 68-221-1013 — TN Code / Title 68 / Chapter 221 / Section 68-221-1013
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 42, eff. 7/1/2023. Acts 1987, ch. 297, § 13; T.C.A., § 68-13-1013.
Repealed by 2023 Tenn. Acts, ch. 463, s 42, eff. 7/1/2023.
Acts 1987, ch. 297, § 13; T.C.A., § 68-13-1013.
Tenn. Code Ann. § 68-204-107 — TN Code / Title 68 / Chapter 204 / Section 68-204-107
Request for information - Request for reports and forecasts - Request for funds - Attachment to office of comptroller
Status: in_force

(a) The council may request information from any state officer, office, department, commission, board, bureau, institution, or other agency of the state and its political subdivisions that is deemed necessary to carry out the requirements of this chapter. All officers and agencies shall cooperate with the council and, to the extent permitted by law, furnish any information to the council that it may request. (b) To assure the adequate development of relevant energy information, the council may request energy producers and major energy consumers, as determined by the council, to file any reports and forecasts; however, the council may request only specific energy-related information that it deems necessary to carry out its duties. (c) The council is authorized to apply for and utilize grants, contributions, appropriations, and any other sources of revenue which shall be deposited in the energy policy development resources fund created under § 68-204-109 , in order to carry out its duties; however, all applications and requests for grants and other revenues shall be made through and administered by the office of the comptroller of the treasury. (d) The council may request the office of the comptroller of the treasury to allocate and dispense any funds made available to the council for energy research and related work efforts in such a manner as the council determines; provided, that the funds shall be used in furtherance of the purposes of this chapter. (e) The council shall be attached to the office of the comptroller of the treasury for administrative matters relating to budgeting, audit, and other related items only. The autonomy and authority of the council are not affected by such attachment, and the office of the comptroller of the treasury shall have no administrative or supervisory control over the council. (f) All administrative costs of the council, including, but not limited to, the cost of the annual reports required pursuant to § 68-204-108 , shall be payable out of any funds allocated to and received by the council. Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
(a) The council may request information from any state officer, office, department, commission, board, bureau, institution, or other agency of the state and its political subdivisions that is deemed necessary to carry out the requirements of this chapter. All officers and agencies shall cooperate with the council and, to the extent permitted by law, furnish any information to the council that it may request.
(b) To assure the adequate development of relevant energy information, the council may request energy producers and major energy consumers, as determined by the council, to file any reports and forecasts; however, the council may request only specific energy-related information that it deems necessary to carry out its duties.
(c) The council is authorized to apply for and utilize grants, contributions, appropriations, and any other sources of revenue which shall be deposited in the energy policy development resources fund created under § 68-204-109 , in order to carry out its duties; however, all applications and requests for grants and other revenues shall be made through and administered by the office of the comptroller of the treasury.
(d) The council may request the office of the comptroller of the treasury to allocate and dispense any funds made available to the council for energy research and related work efforts in such a manner as the council determines; provided, that the funds shall be used in furtherance of the purposes of this chapter.
(e) The council shall be attached to the office of the comptroller of the treasury for administrative matters relating to budgeting, audit, and other related items only. The autonomy and authority of the council are not affected by such attachment, and the office of the comptroller of the treasury shall have no administrative or supervisory control over the council.
(f) All administrative costs of the council, including, but not limited to, the cost of the annual reports required pursuant to § 68-204-108 , shall be payable out of any funds allocated to and received by the council.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-204-104 — TN Code / Title 68 / Chapter 204 / Section 68-204-104
Members of council
Status: in_force

(a) The council is composed of twenty-two (22) members as follows: (1) The governor shall appoint: (A) One (1) representative of energy resource extraction or energy production industries, excluding the Tennessee Valley authority, who may be appointed from lists of qualified persons submitted by interested energy resource extraction or energy production industries, including, but not limited to, the biofuel, oil and gas, wind, coal, solar energy, geothermal energy, hydropower, and nuclear energy industries. The governor shall consult with the industries listed in this subdivision (a)(1)(A) to determine qualified persons to fill the position on the council; (B) One (1) representative of the department of environment and conservation; (C) One (1) representative of the department of economic and community development; (D) One (1) representative of a public college or university in this state who has academic expertise in energy production or distribution; (E) One (1) representative of the Tennessee public utilities commission; (F) One (1) representative of the Tennessee Valley authority; (G) One (1) representative of the United States department of energy or another partner in the Oak Ridge Reservation, who is a non-voting member; and (H) One (1) citizen to represent residential energy users; (2) The speaker of the house of representatives shall appoint: (A) One (1) representative of a natural gas distributor or from the natural gas pipeline industry; (B) One (1) representative with expertise in radiological control or nuclear criticality safety or nuclear wastes; (C) One (1) representative of the crude oil processing or pipeline industry; (D) One (1) representative of the nuclear manufacturing industry; (E) One (1) representative who is involved in innovative energy production; (F) One (1) member of the house of representatives; and (G) One (1) citizen to represent farmers or other agricultural enterprises; (3) The speaker of the senate shall appoint: (A) One (1) representative of an electric cooperative; (B) One (1) representative of Oak Ridge National Laboratory; (C) One (1) representative of a municipal electric provider; (D) One (1) representative of the local government of the city of Oak Ridge; (E) One (1) representative of the local government of either Hamilton County, Rhea County, Unicoi County, Anderson County, or Roane County; (F) One (1) member of the senate; and (G) One (1) citizen to represent small business owners. (b) In addition to any other requirements for membership on the council, all persons appointed or otherwise named to serve as members of the council shall be bona fide residents of this state, and shall continue to reside in this state during their tenure on the council. (c) (1) The entire membership of the council as comprised on June 30, 2024, shall be vacated on July 1, 2024, and new members shall be appointed in accordance with subsection (a). All appointments to the council must be made by July 1, 2024. (2) In order to stagger the terms of the newly appointed council members, initial appointments must be made as follows: (A) The members described in subdivision (a)(1) shall serve an initial term of one (1) year, which expires on June 30, 2025; (B) The members described in subdivision (a)(2) shall serve an initial term of two (2) years, which expires on June 30, 2026; and (C) The members described in subdivision (a)(3) shall serve an initial term of three (3) years, which expires on June 30, 2027. (d) (1) Following the expiration of members' initial terms as prescribed in subdivision (c)(2), all three-year terms shall begin on July 1 and terminate on June 30, three (3) years thereafter. (2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified. (3) In case of a vacancy in the membership on the council prior to the expiration of a member's term, a successor shall be appointed within thirty (30) days of the vacancy for the remainder of the unexpired term by the appropriate appointing authority and in the same manner as the original appointment. (e) The appointing authorities may remove any member of the council for misconduct, incompetency, willful neglect of duty, or other just cause. (f) Prior to beginning their duties, each member of the council shall take and subscribe to the oath of office provided for state officers. (g) In making appointments to the council, the appointing authorities shall strive to ensure that the council is composed of persons who are diverse in professional or educational background, ethnicity, race, sex, geographic residency, heritage, perspective, and experience. Amended by 2024 Tenn. Acts, ch. 981,s 2, eff. 5/21/2024. Amended by 2024 Tenn. Acts, ch. 981,s 1, eff. 5/21/2024. Amended by 2021 Tenn. Acts, ch. 448, s 1, eff. 5/13/2021. Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
(a) The council is composed of twenty-two (22) members as follows: (1) The governor shall appoint: (A) One (1) representative of energy resource extraction or energy production industries, excluding the Tennessee Valley authority, who may be appointed from lists of qualified persons submitted by interested energy resource extraction or energy production industries, including, but not limited to, the biofuel, oil and gas, wind, coal, solar energy, geothermal energy, hydropower, and nuclear energy industries. The governor shall consult with the industries listed in this subdivision (a)(1)(A) to determine qualified persons to fill the position on the council; (B) One (1) representative of the department of environment and conservation; (C) One (1) representative of the department of economic and community development; (D) One (1) representative of a public college or university in this state who has academic expertise in energy production or distribution; (E) One (1) representative of the Tennessee public utilities commission; (F) One (1) representative of the Tennessee Valley authority; (G) One (1) representative of the United States department of energy or another partner in the Oak Ridge Reservation, who is a non-voting member; and (H) One (1) citizen to represent residential energy users; (2) The speaker of the house of representatives shall appoint: (A) One (1) representative of a natural gas distributor or from the natural gas pipeline industry; (B) One (1) representative with expertise in radiological control or nuclear criticality safety or nuclear wastes; (C) One (1) representative of the crude oil processing or pipeline industry; (D) One (1) representative of the nuclear manufacturing industry; (E) One (1) representative who is involved in innovative energy production; (F) One (1) member of the house of representatives; and (G) One (1) citizen to represent farmers or other agricultural enterprises; (3) The speaker of the senate shall appoint: (A) One (1) representative of an electric cooperative; (B) One (1) representative of Oak Ridge National Laboratory; (C) One (1) representative of a municipal electric provider; (D) One (1) representative of the local government of the city of Oak Ridge; (E) One (1) representative of the local government of either Hamilton County, Rhea County, Unicoi County, Anderson County, or Roane County; (F) One (1) member of the senate; and (G) One (1) citizen to represent small business owners.
(1) The governor shall appoint: (A) One (1) representative of energy resource extraction or energy production industries, excluding the Tennessee Valley authority, who may be appointed from lists of qualified persons submitted by interested energy resource extraction or energy production industries, including, but not limited to, the biofuel, oil and gas, wind, coal, solar energy, geothermal energy, hydropower, and nuclear energy industries. The governor shall consult with the industries listed in this subdivision (a)(1)(A) to determine qualified persons to fill the position on the council; (B) One (1) representative of the department of environment and conservation; (C) One (1) representative of the department of economic and community development; (D) One (1) representative of a public college or university in this state who has academic expertise in energy production or distribution; (E) One (1) representative of the Tennessee public utilities commission; (F) One (1) representative of the Tennessee Valley authority; (G) One (1) representative of the United States department of energy or another partner in the Oak Ridge Reservation, who is a non-voting member; and (H) One (1) citizen to represent residential energy users;
(A) One (1) representative of energy resource extraction or energy production industries, excluding the Tennessee Valley authority, who may be appointed from lists of qualified persons submitted by interested energy resource extraction or energy production industries, including, but not limited to, the biofuel, oil and gas, wind, coal, solar energy, geothermal energy, hydropower, and nuclear energy industries. The governor shall consult with the industries listed in this subdivision (a)(1)(A) to determine qualified persons to fill the position on the council;
(B) One (1) representative of the department of environment and conservation;
(C) One (1) representative of the department of economic and community development;
(D) One (1) representative of a public college or university in this state who has academic expertise in energy production or distribution;
(E) One (1) representative of the Tennessee public utilities commission;
(F) One (1) representative of the Tennessee Valley authority;
(G) One (1) representative of the United States department of energy or another partner in the Oak Ridge Reservation, who is a non-voting member; and
(H) One (1) citizen to represent residential energy users;
(2) The speaker of the house of representatives shall appoint: (A) One (1) representative of a natural gas distributor or from the natural gas pipeline industry; (B) One (1) representative with expertise in radiological control or nuclear criticality safety or nuclear wastes; (C) One (1) representative of the crude oil processing or pipeline industry; (D) One (1) representative of the nuclear manufacturing industry; (E) One (1) representative who is involved in innovative energy production; (F) One (1) member of the house of representatives; and (G) One (1) citizen to represent farmers or other agricultural enterprises;
(A) One (1) representative of a natural gas distributor or from the natural gas pipeline industry;
(B) One (1) representative with expertise in radiological control or nuclear criticality safety or nuclear wastes;
(C) One (1) representative of the crude oil processing or pipeline industry;
(D) One (1) representative of the nuclear manufacturing industry;
(E) One (1) representative who is involved in innovative energy production;
(F) One (1) member of the house of representatives; and
(G) One (1) citizen to represent farmers or other agricultural enterprises;
(3) The speaker of the senate shall appoint: (A) One (1) representative of an electric cooperative; (B) One (1) representative of Oak Ridge National Laboratory; (C) One (1) representative of a municipal electric provider; (D) One (1) representative of the local government of the city of Oak Ridge; (E) One (1) representative of the local government of either Hamilton County, Rhea County, Unicoi County, Anderson County, or Roane County; (F) One (1) member of the senate; and (G) One (1) citizen to represent small business owners.
(A) One (1) representative of an electric cooperative;
(B) One (1) representative of Oak Ridge National Laboratory;
(C) One (1) representative of a municipal electric provider;
(D) One (1) representative of the local government of the city of Oak Ridge;
(E) One (1) representative of the local government of either Hamilton County, Rhea County, Unicoi County, Anderson County, or Roane County;
(F) One (1) member of the senate; and
(G) One (1) citizen to represent small business owners.
(b) In addition to any other requirements for membership on the council, all persons appointed or otherwise named to serve as members of the council shall be bona fide residents of this state, and shall continue to reside in this state during their tenure on the council.
(c) (1) The entire membership of the council as comprised on June 30, 2024, shall be vacated on July 1, 2024, and new members shall be appointed in accordance with subsection (a). All appointments to the council must be made by July 1, 2024. (2) In order to stagger the terms of the newly appointed council members, initial appointments must be made as follows: (A) The members described in subdivision (a)(1) shall serve an initial term of one (1) year, which expires on June 30, 2025; (B) The members described in subdivision (a)(2) shall serve an initial term of two (2) years, which expires on June 30, 2026; and (C) The members described in subdivision (a)(3) shall serve an initial term of three (3) years, which expires on June 30, 2027.
(1) The entire membership of the council as comprised on June 30, 2024, shall be vacated on July 1, 2024, and new members shall be appointed in accordance with subsection (a). All appointments to the council must be made by July 1, 2024.
(2) In order to stagger the terms of the newly appointed council members, initial appointments must be made as follows: (A) The members described in subdivision (a)(1) shall serve an initial term of one (1) year, which expires on June 30, 2025; (B) The members described in subdivision (a)(2) shall serve an initial term of two (2) years, which expires on June 30, 2026; and (C) The members described in subdivision (a)(3) shall serve an initial term of three (3) years, which expires on June 30, 2027.
(A) The members described in subdivision (a)(1) shall serve an initial term of one (1) year, which expires on June 30, 2025;
(B) The members described in subdivision (a)(2) shall serve an initial term of two (2) years, which expires on June 30, 2026; and
(C) The members described in subdivision (a)(3) shall serve an initial term of three (3) years, which expires on June 30, 2027.
(d) (1) Following the expiration of members' initial terms as prescribed in subdivision (c)(2), all three-year terms shall begin on July 1 and terminate on June 30, three (3) years thereafter. (2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified. (3) In case of a vacancy in the membership on the council prior to the expiration of a member's term, a successor shall be appointed within thirty (30) days of the vacancy for the remainder of the unexpired term by the appropriate appointing authority and in the same manner as the original appointment.
(1) Following the expiration of members' initial terms as prescribed in subdivision (c)(2), all three-year terms shall begin on July 1 and terminate on June 30, three (3) years thereafter.
(2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified.
(3) In case of a vacancy in the membership on the council prior to the expiration of a member's term, a successor shall be appointed within thirty (30) days of the vacancy for the remainder of the unexpired term by the appropriate appointing authority and in the same manner as the original appointment.
(e) The appointing authorities may remove any member of the council for misconduct, incompetency, willful neglect of duty, or other just cause.
(f) Prior to beginning their duties, each member of the council shall take and subscribe to the oath of office provided for state officers.
(g) In making appointments to the council, the appointing authorities shall strive to ensure that the council is composed of persons who are diverse in professional or educational background, ethnicity, race, sex, geographic residency, heritage, perspective, and experience.
Amended by 2024 Tenn. Acts, ch. 981,s 2, eff. 5/21/2024.
Amended by 2024 Tenn. Acts, ch. 981,s 1, eff. 5/21/2024.
Amended by 2021 Tenn. Acts, ch. 448, s 1, eff. 5/13/2021.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-221-1110 — TN Code / Title 68 / Chapter 221 / Section 68-221-1110
Permit conditions for discharges
Status: in_force

To the extent practicable, municipalities shall provide permit conditions for storm water discharges associated with industrial activities that are consistent with any permits issued pursuant to the National Pollution Discharge Elimination System (NPDES), unless the discharge contains hazardous substances in excess of reporting quantities, or the facility and the municipality are not in compliance with applicable provisions of the NPDES permits issued to them for storm water, or the discharge materially affects the municipal storm water facilities through either the quantity of wastewater or its contamination. Acts 1993, ch. 257, § 10.
To the extent practicable, municipalities shall provide permit conditions for storm water discharges associated with industrial activities that are consistent with any permits issued pursuant to the National Pollution Discharge Elimination System (NPDES), unless the discharge contains hazardous substances in excess of reporting quantities, or the facility and the municipality are not in compliance with applicable provisions of the NPDES permits issued to them for storm water, or the discharge materially affects the municipal storm water facilities through either the quantity of wastewater or its contamination.
Acts 1993, ch. 257, § 10.
Tenn. Code Ann. § 68-211-865 — TN Code / Title 68 / Chapter 211 / Section 68-211-865
Duties of the department of general services and of the department of environment and conservation
Status: in_force

(a) The department of general services shall: (1) Recycle surplus state property to the maximum extent practicable, under the program authorized by this part and under § 12-2-404 , that cannot be sold for reuse, notwithstanding the existence of any other law, rules or regulations to the contrary; (2) Revise product specifications to require, to the extent economically feasible, the procurement of recycled products or products with recycled content; (3) Encourage all departments of state government to purchase products with recycled content or recyclable products from state contracts; (4) Encourage county governments to purchase materials with recycled content from state contracts in transactions under title 12, chapter 3, part 10; and (5) Effect procurement contracts that are subject to competitive bidding using specifications revised according to subdivision (a)(2). (b) The department of environment and conservation shall: (1) Expand to the maximum extent practicable the department's state recycling program for paper, aluminum cans and bottles; (2) Expand the department's state recycling program to the maximum extent practicable to include other kinds of recyclable materials, including, but not limited to, newsprint, plastic bottles, mixed paper and steel cans; (3) Demonstrate new uses of recovered materials; and (4) Encourage all state facilities to offer recycling opportunities where practicable, including, but not limited to, increasing the availability of recycling receptacles and conducting employee education. Amended by 2015 Tenn. Acts, ch. 407, s 1, eff. 5/8/2015. Acts 1991, ch. 451, § 32; T.C.A., § 68-31-865; Acts 2007 , ch. 462, § 14.
(a) The department of general services shall: (1) Recycle surplus state property to the maximum extent practicable, under the program authorized by this part and under § 12-2-404 , that cannot be sold for reuse, notwithstanding the existence of any other law, rules or regulations to the contrary; (2) Revise product specifications to require, to the extent economically feasible, the procurement of recycled products or products with recycled content; (3) Encourage all departments of state government to purchase products with recycled content or recyclable products from state contracts; (4) Encourage county governments to purchase materials with recycled content from state contracts in transactions under title 12, chapter 3, part 10; and (5) Effect procurement contracts that are subject to competitive bidding using specifications revised according to subdivision (a)(2).
(1) Recycle surplus state property to the maximum extent practicable, under the program authorized by this part and under § 12-2-404 , that cannot be sold for reuse, notwithstanding the existence of any other law, rules or regulations to the contrary;
(2) Revise product specifications to require, to the extent economically feasible, the procurement of recycled products or products with recycled content;
(3) Encourage all departments of state government to purchase products with recycled content or recyclable products from state contracts;
(4) Encourage county governments to purchase materials with recycled content from state contracts in transactions under title 12, chapter 3, part 10; and
(5) Effect procurement contracts that are subject to competitive bidding using specifications revised according to subdivision (a)(2).
(b) The department of environment and conservation shall: (1) Expand to the maximum extent practicable the department's state recycling program for paper, aluminum cans and bottles; (2) Expand the department's state recycling program to the maximum extent practicable to include other kinds of recyclable materials, including, but not limited to, newsprint, plastic bottles, mixed paper and steel cans; (3) Demonstrate new uses of recovered materials; and (4) Encourage all state facilities to offer recycling opportunities where practicable, including, but not limited to, increasing the availability of recycling receptacles and conducting employee education.
(1) Expand to the maximum extent practicable the department's state recycling program for paper, aluminum cans and bottles;
(2) Expand the department's state recycling program to the maximum extent practicable to include other kinds of recyclable materials, including, but not limited to, newsprint, plastic bottles, mixed paper and steel cans;
(3) Demonstrate new uses of recovered materials; and
(4) Encourage all state facilities to offer recycling opportunities where practicable, including, but not limited to, increasing the availability of recycling receptacles and conducting employee education.
Amended by 2015 Tenn. Acts, ch. 407, s 1, eff. 5/8/2015.
Acts 1991, ch. 451, § 32; T.C.A., § 68-31-865; Acts 2007 , ch. 462, § 14.