Tenn. Code Ann. § 69-3-103 — TN Code / Title 69 / Chapter 3 / Section 69-3-103
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Administrator" means the administrator, or head by whatever name, of the United States environmental protection agency; (2) "Animal feeding operation" means a lot or facility, other than an aquatic animal production facility, where the following conditions are met: (A) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period; and (B) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility; (3) "Areawide waste treatment management plan" means a plan that has been approved by the administrator pursuant to § 208 of the Federal Water Pollution Control Act, Public Law 92-500 ( 33 U.S.C. § 1288 ); (4) "Board" means the board of water quality, oil and gas, created in § 69-3-104 ; (5) "Boat" means any vessel or watercraft moved by oars, paddles, sails or other power mechanism, inboard or outboard, or any vessel or structure floating upon the water whether or not capable of self-locomotion, including, but not limited to, houseboats, barges, docks, and similar floating objects; (6) "Commissioner" means the commissioner of environment and conservation or the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner; (7) "Conflict of interest" means: (A) Employment or other affiliation with, or financial interest in, the individual, firm, or corporation engaged in preparing an engineering report or plans, a permit package, or an inspection report, or engaged in inspecting the non-discharging treatment works or sewerage system, or the development served by the non-discharging treatment works or sewerage system; or (B) A relationship with a family member or other individual involved in preparing the engineering report or plans, the permit package, inspection report, or inspecting the non-discharging treatment works or the development served by the treatment works that could create an appearance of impropriety; (8) "Construction" means any placement, assembly, or installation of facilities or equipment, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises; (9) "Department" means the department of environment and conservation; (10) "Director" means the director of the division of water management of the department; (11) "Discharge of a pollutant," "discharge of pollutants," and "discharge," when used without qualification, each refer to the addition of pollutants to waters from a source; (12) "Division" means the division of water management; (13) "Effluent limitation" means any restriction, established by the board or the commissioner, on quantities, rates and concentrations of chemical, physical, biological, and other constituents that are discharged into waters or adjacent to waters; (14) "Forestry best management practices" means those land and water resource conservation measures that prevent, limit, or eliminate water pollution for forest resource management purposes, as provided in rules promulgated in this part in accordance with § 11-4-301(d)(18) . Until those rules are effective, "forestry best management practices" will be those that have been developed by the division of forestry of the department of agriculture. The commissioner of agriculture shall specifically identify these interim forestry best management practices prior to September 1, 2000; (15) "Industrial user" means those industries identified in the standard industrial classification manual, bureau of the budget, 1967, as amended and supplemented, under the category "Division D - Manufacturing" and such other classes of significant waste producers as the board or commissioner deems appropriate; (16) "Industrial wastes" means any liquid, solid, or gaseous substance, or combination thereof, or form of energy including heat, resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource; (17) "Liquid waste management system" means a waste management system that collects, stores, or land applies manure in a liquid, flowable form; (18) "Local administrative officer" means the chief administrative officer of a pretreatment agency that has adopted and implemented an approved pretreatment program pursuant to this part and 33 U.S.C. § 1251 et seq. and 40 CFR 403.1 et seq.; (19) "Local hearing authority" means the administrative board created pursuant to an approved pretreatment program that is responsible for the administration and enforcement of that program and §§ 69-3-123 - 69-3-129; (20) "Member" means a member of the board of water quality, oil and gas; (21) "Municipal separate storm sewer system" means a municipal separate storm sewer system as defined in the Clean Water Act ( 33 U.S.C. § 1251 et seq.), and the rules promulgated thereunder; (22) "New source" means any source, the construction of which is commenced after the publication of state or federal regulations prescribing a standard of performance applicable to such source; (23) "Obligate lotic aquatic organisms" means organisms that require flowing water for all or almost all of the aquatic phase of their life cycles; (24) "Operator" as used in the context of silvicultural activities, means any person who conducts or exercises control over any silvicultural activities; provided, however, that the term "operator" does not include an owner if the silvicultural activities are being conducted by an independent contractor; (25) "Other wastes" means any and all other substances or forms of energy, with the exception of sewage and industrial wastes, including, but not limited to, decayed wood, sand, garbage, silt, municipal refuse, sawdust, shavings, bark, lime, ashes, offal, oil, hazardous materials, tar, sludge, or other petroleum byproducts, radioactive material, chemicals, heated substances, dredged spoil, solid waste, incinerator residue, sewage sludge, munitions, biological materials, wrecked and discarded equipment, rock, and cellar dirt; (26) "Owner" as used in the context of silvicultural activities, means any person or persons that own or lease land on which silvicultural activities occur or own timber on land on which silvicultural activities occur; (27) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a source; (28) "Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country; (29) "Pollutant" means sewage, industrial wastes, or other wastes; (30) "Pollution" means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of the waters of this state, including, but not limited to, changes in temperature, taste, color, turbidity, or odor of the waters that will: (A) Result or will likely result in harm, potential harm or detriment to the public health, safety, or welfare; (B) Result or will likely result in harm, potential harm or detriment to the health of animals, birds, fish, or aquatic life; (C) Render or will likely render the waters substantially less useful for domestic, municipal, industrial, agricultural, recreational, or other reasonable uses; or (D) Leave or likely leave the waters in such condition as to violate any standards of water quality established by the board; (31) "Pretreatment agency" means the owner of a publicly owned treatment works permitted pursuant to this part that is required by its permit to adopt and enforce an approved pretreatment program that complies with this part and 33 U.S.C. § 1251 et seq. and 40 CFR 403.1 et seq.; (32) "Pretreatment program" means the rules, regulations, and/or ordinances of a pretreatment agency regulating the discharge and treatment of industrial waste that complies with this part and 33 U.S.C. § 1251 et seq. and 40 CFR 403.1 et seq.; (33) "Qualified local program" means a municipal separate storm sewer system that has been approved as such by the department pursuant to this part; (34) "Regional administrator" means the regional administrator of the United States environmental protection agency whose region includes Tennessee, or any person succeeding to the duties of this official; (35) "Schedules of compliance" means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, condition of a permit, other limitation, prohibition, standard, or regulation; (36) "Sewage" means water-carried waste or discharges from human beings or animals, from residences, public or private buildings, or industrial establishments, or boats, together with such other wastes and ground, surface, storm, or other water as may be present; (37) "Sewerage system" means the conduits, sewers, and all devices and appurtenances by means of which sewage and other waste is collected, pumped, treated, or disposed; (38) "Silvicultural activities" means those forest management activities associated with the harvesting of timber and including, without limitation, the construction of roads and trails; (39) "Source" means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of pollutants; (40) "Standard of performance" means a standard for the control of the discharge of pollutants that reflects the greatest degree of effluent reduction that the commissioner determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants; (41) "Stop work order" means an order issued by the commissioner of environment and conservation requiring the operator to immediately cease part or all silvicultural activities; (42) "Stream" means a surface water that is not a wet weather conveyance; (43) "Third-party water resources engineer" means an engineer qualified by education or experience in wastewater design, including subsurface sewage disposal systems or land application systems, who is: (A) Registered with the Tennessee state board of examiners for architects and engineers; (B) Registered with the department as a third-party water resources engineer; and (C) Not employed by the department or the contract county; (44) "Third-party wetland professional" means an individual who is: (A) Certified as a professional wetland scientist by the Society of Wetland Scientists or another wetland certifying entity acceptable to the department; (B) Registered with the department as a third-party wetland professional, having met the qualifications required by the department; and (C) Not employed by the department; (45) "Toxic effluent limitation" means an effluent limitation on those pollutants or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of available information, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in such organisms or their offspring; (46) "Variance" means an authorization issued to a person by the commissioner that would allow that person to cause a water quality standard to be exceeded for a limited time period without changing the standard; (47) "Watercourse" means a man-made or natural hydrologic feature with a defined linear channel that discretely conveys flowing water, as opposed to sheet-flow; (48) "Waters" means any and all water, public or private, on or beneath the surface of the ground, that are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface or underground waters; (49) "Wet weather conveyance" means, notwithstanding any other law or rule to the contrary, man-made or natural watercourses, including natural watercourses that have been modified by channelization: (A) That flow only in direct response to precipitation runoff in their immediate locality; (B) Whose channels are at all times above the groundwater table; (C) That are not suitable for drinking water supplies; and (D) In which hydrological and biological analyses indicate that, under normal weather conditions, due to naturally occurring ephemeral or low flow there is not sufficient water to support fish, or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two (2) months; and (50) "Wetland" means: (A) An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions; and (B) A type of waters that are not wet weather conveyances, and generally include swamps, marshes, bogs, and similar areas; Amended by 2024 Tenn. Acts, ch. 771,s 7, eff. 10/1/2024. Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021. Amended by 2018 Tenn. Acts, ch. 523, Secs.s 1, s 3eff. 2/28/2018. Amended by 2017 Tenn. Acts, ch. 293, s 1, eff. 3/1/2018. Acts 1971, ch. 164, § 3; 1977, ch. 366, § 1; T.C.A., § 70-326; Acts 1984, ch. 804, § 1; 1987, ch. 111, § 1; 1988, ch. 688, §§ 2, 6; 1992, ch. 693, § 1; 1998, ch. 735, § 1; 2000, ch. 680, §1; 2009 , ch. 464, §1; 2012 , ch. 1019, § 1.
As used in this part, unless the context otherwise requires:
(1) "Administrator" means the administrator, or head by whatever name, of the United States environmental protection agency;
(2) "Animal feeding operation" means a lot or facility, other than an aquatic animal production facility, where the following conditions are met: (A) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period; and (B) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility;
(A) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period; and
(B) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility;
(3) "Areawide waste treatment management plan" means a plan that has been approved by the administrator pursuant to § 208 of the Federal Water Pollution Control Act, Public Law 92-500 ( 33 U.S.C. § 1288 );
(4) "Board" means the board of water quality, oil and gas, created in § 69-3-104 ;
(5) "Boat" means any vessel or watercraft moved by oars, paddles, sails or other power mechanism, inboard or outboard, or any vessel or structure floating upon the water whether or not capable of self-locomotion, including, but not limited to, houseboats, barges, docks, and similar floating objects;
(6) "Commissioner" means the commissioner of environment and conservation or the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner;
(7) "Conflict of interest" means: (A) Employment or other affiliation with, or financial interest in, the individual, firm, or corporation engaged in preparing an engineering report or plans, a permit package, or an inspection report, or engaged in inspecting the non-discharging treatment works or sewerage system, or the development served by the non-discharging treatment works or sewerage system; or (B) A relationship with a family member or other individual involved in preparing the engineering report or plans, the permit package, inspection report, or inspecting the non-discharging treatment works or the development served by the treatment works that could create an appearance of impropriety;
(A) Employment or other affiliation with, or financial interest in, the individual, firm, or corporation engaged in preparing an engineering report or plans, a permit package, or an inspection report, or engaged in inspecting the non-discharging treatment works or sewerage system, or the development served by the non-discharging treatment works or sewerage system; or
(B) A relationship with a family member or other individual involved in preparing the engineering report or plans, the permit package, inspection report, or inspecting the non-discharging treatment works or the development served by the treatment works that could create an appearance of impropriety;
(8) "Construction" means any placement, assembly, or installation of facilities or equipment, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises;
(9) "Department" means the department of environment and conservation;
(10) "Director" means the director of the division of water management of the department;
(11) "Discharge of a pollutant," "discharge of pollutants," and "discharge," when used without qualification, each refer to the addition of pollutants to waters from a source;
(12) "Division" means the division of water management;
(13) "Effluent limitation" means any restriction, established by the board or the commissioner, on quantities, rates and concentrations of chemical, physical, biological, and other constituents that are discharged into waters or adjacent to waters;
(14) "Forestry best management practices" means those land and water resource conservation measures that prevent, limit, or eliminate water pollution for forest resource management purposes, as provided in rules promulgated in this part in accordance with § 11-4-301(d)(18) . Until those rules are effective, "forestry best management practices" will be those that have been developed by the division of forestry of the department of agriculture. The commissioner of agriculture shall specifically identify these interim forestry best management practices prior to September 1, 2000;
(15) "Industrial user" means those industries identified in the standard industrial classification manual, bureau of the budget, 1967, as amended and supplemented, under the category "Division D - Manufacturing" and such other classes of significant waste producers as the board or commissioner deems appropriate;
(16) "Industrial wastes" means any liquid, solid, or gaseous substance, or combination thereof, or form of energy including heat, resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource;
(17) "Liquid waste management system" means a waste management system that collects, stores, or land applies manure in a liquid, flowable form;
(18) "Local administrative officer" means the chief administrative officer of a pretreatment agency that has adopted and implemented an approved pretreatment program pursuant to this part and 33 U.S.C. § 1251 et seq. and 40 CFR 403.1 et seq.;
(19) "Local hearing authority" means the administrative board created pursuant to an approved pretreatment program that is responsible for the administration and enforcement of that program and §§ 69-3-123 - 69-3-129;
(20) "Member" means a member of the board of water quality, oil and gas;
(21) "Municipal separate storm sewer system" means a municipal separate storm sewer system as defined in the Clean Water Act ( 33 U.S.C. § 1251 et seq.), and the rules promulgated thereunder;
(22) "New source" means any source, the construction of which is commenced after the publication of state or federal regulations prescribing a standard of performance applicable to such source;
(23) "Obligate lotic aquatic organisms" means organisms that require flowing water for all or almost all of the aquatic phase of their life cycles;
(24) "Operator" as used in the context of silvicultural activities, means any person who conducts or exercises control over any silvicultural activities; provided, however, that the term "operator" does not include an owner if the silvicultural activities are being conducted by an independent contractor;
(25) "Other wastes" means any and all other substances or forms of energy, with the exception of sewage and industrial wastes, including, but not limited to, decayed wood, sand, garbage, silt, municipal refuse, sawdust, shavings, bark, lime, ashes, offal, oil, hazardous materials, tar, sludge, or other petroleum byproducts, radioactive material, chemicals, heated substances, dredged spoil, solid waste, incinerator residue, sewage sludge, munitions, biological materials, wrecked and discarded equipment, rock, and cellar dirt;
(26) "Owner" as used in the context of silvicultural activities, means any person or persons that own or lease land on which silvicultural activities occur or own timber on land on which silvicultural activities occur;
(27) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a source;
(28) "Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country;
(29) "Pollutant" means sewage, industrial wastes, or other wastes;
(30) "Pollution" means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of the waters of this state, including, but not limited to, changes in temperature, taste, color, turbidity, or odor of the waters that will: (A) Result or will likely result in harm, potential harm or detriment to the public health, safety, or welfare; (B) Result or will likely result in harm, potential harm or detriment to the health of animals, birds, fish, or aquatic life; (C) Render or will likely render the waters substantially less useful for domestic, municipal, industrial, agricultural, recreational, or other reasonable uses; or (D) Leave or likely leave the waters in such condition as to violate any standards of water quality established by the board;
(A) Result or will likely result in harm, potential harm or detriment to the public health, safety, or welfare;
(B) Result or will likely result in harm, potential harm or detriment to the health of animals, birds, fish, or aquatic life;
(C) Render or will likely render the waters substantially less useful for domestic, municipal, industrial, agricultural, recreational, or other reasonable uses; or
(D) Leave or likely leave the waters in such condition as to violate any standards of water quality established by the board;
(31) "Pretreatment agency" means the owner of a publicly owned treatment works permitted pursuant to this part that is required by its permit to adopt and enforce an approved pretreatment program that complies with this part and 33 U.S.C. § 1251 et seq. and 40 CFR 403.1 et seq.;
(32) "Pretreatment program" means the rules, regulations, and/or ordinances of a pretreatment agency regulating the discharge and treatment of industrial waste that complies with this part and 33 U.S.C. § 1251 et seq. and 40 CFR 403.1 et seq.;
(33) "Qualified local program" means a municipal separate storm sewer system that has been approved as such by the department pursuant to this part;
(34) "Regional administrator" means the regional administrator of the United States environmental protection agency whose region includes Tennessee, or any person succeeding to the duties of this official;
(35) "Schedules of compliance" means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, condition of a permit, other limitation, prohibition, standard, or regulation;
(36) "Sewage" means water-carried waste or discharges from human beings or animals, from residences, public or private buildings, or industrial establishments, or boats, together with such other wastes and ground, surface, storm, or other water as may be present;
(37) "Sewerage system" means the conduits, sewers, and all devices and appurtenances by means of which sewage and other waste is collected, pumped, treated, or disposed;
(38) "Silvicultural activities" means those forest management activities associated with the harvesting of timber and including, without limitation, the construction of roads and trails;
(39) "Source" means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of pollutants;
(40) "Standard of performance" means a standard for the control of the discharge of pollutants that reflects the greatest degree of effluent reduction that the commissioner determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants;
(41) "Stop work order" means an order issued by the commissioner of environment and conservation requiring the operator to immediately cease part or all silvicultural activities;
(42) "Stream" means a surface water that is not a wet weather conveyance;
(43) "Third-party water resources engineer" means an engineer qualified by education or experience in wastewater design, including subsurface sewage disposal systems or land application systems, who is: (A) Registered with the Tennessee state board of examiners for architects and engineers; (B) Registered with the department as a third-party water resources engineer; and (C) Not employed by the department or the contract county;
(A) Registered with the Tennessee state board of examiners for architects and engineers;
(B) Registered with the department as a third-party water resources engineer; and
(C) Not employed by the department or the contract county;
(44) "Third-party wetland professional" means an individual who is: (A) Certified as a professional wetland scientist by the Society of Wetland Scientists or another wetland certifying entity acceptable to the department; (B) Registered with the department as a third-party wetland professional, having met the qualifications required by the department; and (C) Not employed by the department;
(A) Certified as a professional wetland scientist by the Society of Wetland Scientists or another wetland certifying entity acceptable to the department;
(B) Registered with the department as a third-party wetland professional, having met the qualifications required by the department; and
(C) Not employed by the department;
(45) "Toxic effluent limitation" means an effluent limitation on those pollutants or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of available information, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in such organisms or their offspring;
(46) "Variance" means an authorization issued to a person by the commissioner that would allow that person to cause a water quality standard to be exceeded for a limited time period without changing the standard;
(47) "Watercourse" means a man-made or natural hydrologic feature with a defined linear channel that discretely conveys flowing water, as opposed to sheet-flow;
(48) "Waters" means any and all water, public or private, on or beneath the surface of the ground, that are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface or underground waters;
(49) "Wet weather conveyance" means, notwithstanding any other law or rule to the contrary, man-made or natural watercourses, including natural watercourses that have been modified by channelization: (A) That flow only in direct response to precipitation runoff in their immediate locality; (B) Whose channels are at all times above the groundwater table; (C) That are not suitable for drinking water supplies; and (D) In which hydrological and biological analyses indicate that, under normal weather conditions, due to naturally occurring ephemeral or low flow there is not sufficient water to support fish, or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two (2) months; and
(A) That flow only in direct response to precipitation runoff in their immediate locality;
(B) Whose channels are at all times above the groundwater table;
(C) That are not suitable for drinking water supplies; and
(D) In which hydrological and biological analyses indicate that, under normal weather conditions, due to naturally occurring ephemeral or low flow there is not sufficient water to support fish, or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two (2) months; and
(50) "Wetland" means: (A) An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions; and (B) A type of waters that are not wet weather conveyances, and generally include swamps, marshes, bogs, and similar areas;
(A) An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions; and
(B) A type of waters that are not wet weather conveyances, and generally include swamps, marshes, bogs, and similar areas;
Amended by 2024 Tenn. Acts, ch. 771,s 7, eff. 10/1/2024.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Amended by 2018 Tenn. Acts, ch. 523, Secs.s 1, s 3eff. 2/28/2018.
Amended by 2017 Tenn. Acts, ch. 293, s 1, eff. 3/1/2018.
Acts 1971, ch. 164, § 3; 1977, ch. 366, § 1; T.C.A., § 70-326; Acts 1984, ch. 804, § 1; 1987, ch. 111, § 1; 1988, ch. 688, §§ 2, 6; 1992, ch. 693, § 1; 1998, ch. 735, § 1; 2000, ch. 680, §1; 2009 , ch. 464, §1; 2012 , ch. 1019, § 1.
Tenn. Code Ann. § 69-9-209 — TN Code / Title 69 / Chapter 9 / Section 69-9-209
Rules and regulations
Status: in_force

(a) The commission shall establish uniform regulations governing the numbering, the safety equipment, and the operation of the vessels subject to this chapter so that any such vessel complying with the regulations may be operated with equal freedom, or under similar requirements, upon all the waters of Tennessee. Safety and operational regulations shall not be in conflict with federal laws and regulations applicable to such vessels upon the navigable waters of the United States that are within this state. The commission is authorized and directed to alter and amend its regulations as need be, from time to time, to prevent conflict with federal laws and regulations pertaining to vessels. (b) (1) The commission is authorized to proclaim special rules and regulations governing the operation of vessels in special areas or under special conditions. (2) (A) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or any other law to the contrary, the executive director, with the concurrence of the commission, is specifically authorized to order the temporary suspension of the effectiveness of any rule or regulation governing the operation of vessels in special areas or under special conditions if the public health, safety and welfare, and the aquatic habitat can be reasonably protected. The temporary suspension of such rules or regulations may be by proclamation, and shall not be subject to the rulemaking and publication provisions of the Uniform Administrative Procedures Act. (B) The executive director shall ensure that adequate public notice of such temporary suspension of the rules is given. Whenever possible, the executive director shall transmit written notice of the order to suspend temporarily the rules to the secretary of state for publication in the notice section of the monthly administrative register. (c) Such rules and regulations of the commission as are authorized for this chapter shall be published at least one (1) time in newspapers whose circulation generally covers the areas affected by the rules and regulations. The publication of the rules and regulations is required to be at least fifteen (15) days before the terms of the rules and regulations will become effective. A copy of all rules and regulations passed by the commission shall be immediately filed with the secretary of state and the county clerks for the counties affected. The commission may conduct a public hearing on proposed rules or regulations. (d) No municipality, or other local authority, shall establish any regulation of a local nature not in conformity with state regulations authorized in this section. (e) On any proposed regulation affecting the equipment or operation, or both, of any vessel subject to this chapter, the commission may solicit the advice or opinions of representative boating associations, yacht clubs, and local, state or federal officials or agencies having knowledge or experience with the subject of the proposed regulations. (f) The commission shall provide regulations to govern: (1) Reports to be made and action required in case of accident; (2) Reporting the destruction, sale, or transfer of ownership of numbered vessels; (3) Reporting the change of address of owner of a numbered vessel; (4) Special numbers for use by manufacturers or dealers for the demonstration or transportation of vessels; (5) The issuance of certificates for boats from other states using the waters of Tennessee for more than sixty (60) days. For the purposes of this subdivision (f)(5), where such a vessel is in Tennessee solely for wet or dry storage or repairs, or both, the length of time that such vessel is in Tennessee for such purposes shall not be counted; (6) Safety equipment, lights and operations not inconsistent with federal laws; (7) Cooperation with local governments and federal authority for special events or to meet emergency situations; (8) Issuance of special numbers to owners of fleets of boats for hire or rent; (9) Equipment and activities associated with commercial boating; and (10) Abandoned and salvaged vessels. (g) The executive director may establish a special temporary, slow no wake zone, if such zone is necessary because of an immediate danger to the public health, environment, safety, or welfare, and the nature of the necessity is such that an emergency rule under title 4, chapter 5, cannot immediately be sought. A special temporary, slow no wake zone authorized must be published at least one (1) time in newspapers with circulation that generally covers the areas affected by the establishment of the zone. This section does not remove the requirement to subsequently file an emergency rule in accordance with title 4, chapter 5, as soon as practicable. Amended by 2024 Tenn. Acts, ch. 845,s 1, eff. 7/1/2024. Acts 1965, ch. 334, § 10; 1974, ch. 719, § 3; 1975, ch. 87, §§ 5-7; T.C.A., § 70-2210; Acts 1990, ch. 694, § 1; T.C.A. §69-10-209; Acts 2007 , ch. 185, § 5.
(a) The commission shall establish uniform regulations governing the numbering, the safety equipment, and the operation of the vessels subject to this chapter so that any such vessel complying with the regulations may be operated with equal freedom, or under similar requirements, upon all the waters of Tennessee. Safety and operational regulations shall not be in conflict with federal laws and regulations applicable to such vessels upon the navigable waters of the United States that are within this state. The commission is authorized and directed to alter and amend its regulations as need be, from time to time, to prevent conflict with federal laws and regulations pertaining to vessels.
(b) (1) The commission is authorized to proclaim special rules and regulations governing the operation of vessels in special areas or under special conditions. (2) (A) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or any other law to the contrary, the executive director, with the concurrence of the commission, is specifically authorized to order the temporary suspension of the effectiveness of any rule or regulation governing the operation of vessels in special areas or under special conditions if the public health, safety and welfare, and the aquatic habitat can be reasonably protected. The temporary suspension of such rules or regulations may be by proclamation, and shall not be subject to the rulemaking and publication provisions of the Uniform Administrative Procedures Act. (B) The executive director shall ensure that adequate public notice of such temporary suspension of the rules is given. Whenever possible, the executive director shall transmit written notice of the order to suspend temporarily the rules to the secretary of state for publication in the notice section of the monthly administrative register.
(1) The commission is authorized to proclaim special rules and regulations governing the operation of vessels in special areas or under special conditions.
(2) (A) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or any other law to the contrary, the executive director, with the concurrence of the commission, is specifically authorized to order the temporary suspension of the effectiveness of any rule or regulation governing the operation of vessels in special areas or under special conditions if the public health, safety and welfare, and the aquatic habitat can be reasonably protected. The temporary suspension of such rules or regulations may be by proclamation, and shall not be subject to the rulemaking and publication provisions of the Uniform Administrative Procedures Act. (B) The executive director shall ensure that adequate public notice of such temporary suspension of the rules is given. Whenever possible, the executive director shall transmit written notice of the order to suspend temporarily the rules to the secretary of state for publication in the notice section of the monthly administrative register.
(A) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or any other law to the contrary, the executive director, with the concurrence of the commission, is specifically authorized to order the temporary suspension of the effectiveness of any rule or regulation governing the operation of vessels in special areas or under special conditions if the public health, safety and welfare, and the aquatic habitat can be reasonably protected. The temporary suspension of such rules or regulations may be by proclamation, and shall not be subject to the rulemaking and publication provisions of the Uniform Administrative Procedures Act.
(B) The executive director shall ensure that adequate public notice of such temporary suspension of the rules is given. Whenever possible, the executive director shall transmit written notice of the order to suspend temporarily the rules to the secretary of state for publication in the notice section of the monthly administrative register.
(c) Such rules and regulations of the commission as are authorized for this chapter shall be published at least one (1) time in newspapers whose circulation generally covers the areas affected by the rules and regulations. The publication of the rules and regulations is required to be at least fifteen (15) days before the terms of the rules and regulations will become effective. A copy of all rules and regulations passed by the commission shall be immediately filed with the secretary of state and the county clerks for the counties affected. The commission may conduct a public hearing on proposed rules or regulations.
(d) No municipality, or other local authority, shall establish any regulation of a local nature not in conformity with state regulations authorized in this section.
(e) On any proposed regulation affecting the equipment or operation, or both, of any vessel subject to this chapter, the commission may solicit the advice or opinions of representative boating associations, yacht clubs, and local, state or federal officials or agencies having knowledge or experience with the subject of the proposed regulations.
(f) The commission shall provide regulations to govern: (1) Reports to be made and action required in case of accident; (2) Reporting the destruction, sale, or transfer of ownership of numbered vessels; (3) Reporting the change of address of owner of a numbered vessel; (4) Special numbers for use by manufacturers or dealers for the demonstration or transportation of vessels; (5) The issuance of certificates for boats from other states using the waters of Tennessee for more than sixty (60) days. For the purposes of this subdivision (f)(5), where such a vessel is in Tennessee solely for wet or dry storage or repairs, or both, the length of time that such vessel is in Tennessee for such purposes shall not be counted; (6) Safety equipment, lights and operations not inconsistent with federal laws; (7) Cooperation with local governments and federal authority for special events or to meet emergency situations; (8) Issuance of special numbers to owners of fleets of boats for hire or rent; (9) Equipment and activities associated with commercial boating; and (10) Abandoned and salvaged vessels.
(1) Reports to be made and action required in case of accident;
(2) Reporting the destruction, sale, or transfer of ownership of numbered vessels;
(3) Reporting the change of address of owner of a numbered vessel;
(4) Special numbers for use by manufacturers or dealers for the demonstration or transportation of vessels;
(5) The issuance of certificates for boats from other states using the waters of Tennessee for more than sixty (60) days. For the purposes of this subdivision (f)(5), where such a vessel is in Tennessee solely for wet or dry storage or repairs, or both, the length of time that such vessel is in Tennessee for such purposes shall not be counted;
(6) Safety equipment, lights and operations not inconsistent with federal laws;
(7) Cooperation with local governments and federal authority for special events or to meet emergency situations;
(8) Issuance of special numbers to owners of fleets of boats for hire or rent;
(9) Equipment and activities associated with commercial boating; and
(10) Abandoned and salvaged vessels.
(g) The executive director may establish a special temporary, slow no wake zone, if such zone is necessary because of an immediate danger to the public health, environment, safety, or welfare, and the nature of the necessity is such that an emergency rule under title 4, chapter 5, cannot immediately be sought. A special temporary, slow no wake zone authorized must be published at least one (1) time in newspapers with circulation that generally covers the areas affected by the establishment of the zone. This section does not remove the requirement to subsequently file an emergency rule in accordance with title 4, chapter 5, as soon as practicable.
Amended by 2024 Tenn. Acts, ch. 845,s 1, eff. 7/1/2024.
Acts 1965, ch. 334, § 10; 1974, ch. 719, § 3; 1975, ch. 87, §§ 5-7; T.C.A., § 70-2210; Acts 1990, ch. 694, § 1; T.C.A. §69-10-209; Acts 2007 , ch. 185, § 5.
Tenn. Code Ann. § 69-5-101 — TN Code / Title 69 / Chapter 5 / Section 69-5-101
County may establish levee and drainage districts and change natural watercourses
Status: in_force

The county court of any county is vested with the jurisdiction and authority at any regular, special, or adjourned session to establish a drainage district or districts, and to locate and establish levees, and cause to be constructed, as provided in this chapter, any levee, ditch, drain, or watercourse, or to straighten, widen, deepen, or change any natural watercourse in such county, or provide for such action being taken whenever it will be of public utility or conducive to the public health or welfare. Acts 1909, ch. 185, §1; Shan., § 3871a7; mod. Code 1932, § 4216; T.C.A. (orig. ed.), § 70-701; T.C.A. § 69-6-101 .
The county court of any county is vested with the jurisdiction and authority at any regular, special, or adjourned session to establish a drainage district or districts, and to locate and establish levees, and cause to be constructed, as provided in this chapter, any levee, ditch, drain, or watercourse, or to straighten, widen, deepen, or change any natural watercourse in such county, or provide for such action being taken whenever it will be of public utility or conducive to the public health or welfare.
Acts 1909, ch. 185, §1; Shan., § 3871a7; mod. Code 1932, § 4216; T.C.A. (orig. ed.), § 70-701; T.C.A. § 69-6-101 .
Tenn. Code Ann. § 69-11-107 — TN Code / Title 69 / Chapter 11 / Section 69-11-107
Multiple owners
Status: in_force

Nothing in this chapter shall be construed to require multiple applications for certificates of approval by each owner of a dam where there are multiple owners of the dam, if all owners are listed in the application filed by any one (1) of them. Acts 1973, ch. 182, § 4; T.C.A., § 70-2507; T.C.A. § 69-12-107.
Nothing in this chapter shall be construed to require multiple applications for certificates of approval by each owner of a dam where there are multiple owners of the dam, if all owners are listed in the application filed by any one (1) of them.
Acts 1973, ch. 182, § 4; T.C.A., § 70-2507; T.C.A. § 69-12-107.
Tenn. Code Ann. § 69-5-836 — TN Code / Title 69 / Chapter 5 / Section 69-5-836
Bond of county trustee
Status: in_force

The bonds of the county trustee binding the trustee to account for state and county taxes shall be liable for assessments collected under this chapter. Acts 1913 (1st Ex. Sess.), ch. 25, § 10; Shan., § 3871a114; Code 1932, §4342; T.C.A. (orig. ed.), § 70-1340; T.C.A. § 69-6-836.
The bonds of the county trustee binding the trustee to account for state and county taxes shall be liable for assessments collected under this chapter.
Acts 1913 (1st Ex. Sess.), ch. 25, § 10; Shan., § 3871a114; Code 1932, §4342; T.C.A. (orig. ed.), § 70-1340; T.C.A. § 69-6-836.
Tenn. Code Ann. § 69-5-812 — TN Code / Title 69 / Chapter 5 / Section 69-5-812
Correction of failure to bring landowner before court or to report land
Status: in_force

After a district is ordered established, if it is found that any parcel of land within its limits has been overlooked, or is not reported for assessment, or it is found that any owner or encumbrancer of any parcel of land has not been properly brought before the court, such mistake or order may be corrected. The county court shall order such parcel of land listed for assessment, and cause the owner thereof, and encumbrancer, if any, to be properly brought before the court by process or publication, and also any other owner or encumbrancer not already before the court. As to any such lands, or parties, the matter shall be proceeded with as if proceeded against in the beginning, and so as to enforce proper and proportional assessments. As to all other parties already before the court, the validity of the proceedings shall not be affected because some of the lands had been overlooked and some of the owners or encumbrances not brought before the court before the district was ordered established. Acts 1913 (1st Ex. Sess.), ch. 25, § 8; Shan., § 3871a77; Code 1932, §4305; T.C.A. (orig. ed.), § 70-1316; T.C.A. § 69-6-812.
After a district is ordered established, if it is found that any parcel of land within its limits has been overlooked, or is not reported for assessment, or it is found that any owner or encumbrancer of any parcel of land has not been properly brought before the court, such mistake or order may be corrected. The county court shall order such parcel of land listed for assessment, and cause the owner thereof, and encumbrancer, if any, to be properly brought before the court by process or publication, and also any other owner or encumbrancer not already before the court. As to any such lands, or parties, the matter shall be proceeded with as if proceeded against in the beginning, and so as to enforce proper and proportional assessments. As to all other parties already before the court, the validity of the proceedings shall not be affected because some of the lands had been overlooked and some of the owners or encumbrances not brought before the court before the district was ordered established.
Acts 1913 (1st Ex. Sess.), ch. 25, § 8; Shan., § 3871a77; Code 1932, §4305; T.C.A. (orig. ed.), § 70-1316; T.C.A. § 69-6-812.
Tenn. Code Ann. § 69-5-129 — TN Code / Title 69 / Chapter 5 / Section 69-5-129
Special assessment constitutes lien
Status: in_force

The assessment so made shall be a lien upon the respective tracts of land upon which it is assessed, and this lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 69-5-819 - 69-5-823. Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b7; Code 1932, § 4246; T.C.A. (orig. ed.), § 70-736; T.C.A. § 69-6-129 .
The assessment so made shall be a lien upon the respective tracts of land upon which it is assessed, and this lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 69-5-819 - 69-5-823.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b7; Code 1932, § 4246; T.C.A. (orig. ed.), § 70-736; T.C.A. § 69-6-129 .
Tenn. Code Ann. § 69-5-128 — TN Code / Title 69 / Chapter 5 / Section 69-5-128
Special assessment - Collection by other counties
Status: in_force

However, if the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed, and the matter is pending, will make out the assessment list or book for the entire district, and shall then copy so much of the assessment roll or book, as contains the assessments on lands in any county other than the county where the petition was filed, and the matter is pending, and certify under seal that it is a correct copy of that part or portion of such roll or book, and transmit or deliver it to the trustee of such other county, and take a receipt for the same, and collect the same, and pay over the amount collected to the clerk of the county where the petition was filed and the matter is pending. Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b6; Code 1932, § 4245; T.C.A. (orig. ed.), § 70-735; T.C.A. § 69-6-128 .
However, if the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed, and the matter is pending, will make out the assessment list or book for the entire district, and shall then copy so much of the assessment roll or book, as contains the assessments on lands in any county other than the county where the petition was filed, and the matter is pending, and certify under seal that it is a correct copy of that part or portion of such roll or book, and transmit or deliver it to the trustee of such other county, and take a receipt for the same, and collect the same, and pay over the amount collected to the clerk of the county where the petition was filed and the matter is pending.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b6; Code 1932, § 4245; T.C.A. (orig. ed.), § 70-735; T.C.A. § 69-6-128 .
Tenn. Code Ann. § 69-5-1003 — TN Code / Title 69 / Chapter 5 / Section 69-5-1003
Board of directors
Status: in_force

In cases of districts so lying in more than one (1) county, the board of directors of such districts shall consist of one (1) member from each county, to be appointed by the county court of such county, and the county mayor of each of the counties shall be a member of such board of directors, and the qualifications, powers, and duties of such board of directors shall be the same as provided by parts 6 through 9 of this chapter for boards of directors and members of boards in improvement districts lying entirely in one (1) county. Acts 1909, ch. 185, § 31; Shan., § 3871a118; Code 1932, §4347; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1503; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1003.
In cases of districts so lying in more than one (1) county, the board of directors of such districts shall consist of one (1) member from each county, to be appointed by the county court of such county, and the county mayor of each of the counties shall be a member of such board of directors, and the qualifications, powers, and duties of such board of directors shall be the same as provided by parts 6 through 9 of this chapter for boards of directors and members of boards in improvement districts lying entirely in one (1) county.
Acts 1909, ch. 185, § 31; Shan., § 3871a118; Code 1932, §4347; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1503; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1003.
Tenn. Code Ann. § 69-10-101 — TN Code / Title 69 / Chapter 10 / Section 69-10-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the board of ground water management; (2) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation; (3) "Department" means the department of environment and conservation; (4) "Drill" means to dig, drill, redrill, construct, deepen or alter a well; (5) "Geothermal well" means a hole drilled into the earth, by boring or otherwise, greater than twenty feet (20') in depth constructed for the primary purpose of adding or removing British Thermal Units (BTUs) from the earth for heating or cooling; (6) "Inactive well" means any well that is not in use and that does not have functioning equipment, including bailers, associated either with or attached to the well; (7) "Installer" means any person who installs or repairs well pumps or who installs filters and water treatment devices; (8) "Log" means a record of the consolidated or unconsolidated formation penetrated in the drilling of a well, and includes general information concerning construction of a well; (9) "Monitoring well" means a hole drilled into the earth, by boring or otherwise, constructed for the primary purpose of obtaining information on the elevation or physical, chemical, radiological or biological characteristics of the ground water or for the recovery of ground water for treatment, or both; (10) "Person" means any individual, organization, group, association, partnership, corporation, limited liability company, utility district, state or local government agency or any combination of them; (11) "Water well" means a hole drilled into the earth, by boring or otherwise, for the production of water; (12) "Well" means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well; and (13) "Well owner" means the person who owns the real property on which a well exists or is to be drilled; provided, however, that in the case of any monitoring or remediation required by the department or the commissioner, the well owner shall be the person responsible for such monitoring or remediation. Acts 1963, ch. 325, § 1; T.C.A., § 70-2301; Acts 1984, ch. 784, § 1; 1986, ch. 611, §1; 1992, ch. 693, § 1; 2002, ch. 800, § 12; T.C.A. § 69-11-101 .
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the board of ground water management;
(2) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation;
(3) "Department" means the department of environment and conservation;
(4) "Drill" means to dig, drill, redrill, construct, deepen or alter a well;
(5) "Geothermal well" means a hole drilled into the earth, by boring or otherwise, greater than twenty feet (20') in depth constructed for the primary purpose of adding or removing British Thermal Units (BTUs) from the earth for heating or cooling;
(6) "Inactive well" means any well that is not in use and that does not have functioning equipment, including bailers, associated either with or attached to the well;
(7) "Installer" means any person who installs or repairs well pumps or who installs filters and water treatment devices;
(8) "Log" means a record of the consolidated or unconsolidated formation penetrated in the drilling of a well, and includes general information concerning construction of a well;
(9) "Monitoring well" means a hole drilled into the earth, by boring or otherwise, constructed for the primary purpose of obtaining information on the elevation or physical, chemical, radiological or biological characteristics of the ground water or for the recovery of ground water for treatment, or both;
(10) "Person" means any individual, organization, group, association, partnership, corporation, limited liability company, utility district, state or local government agency or any combination of them;
(11) "Water well" means a hole drilled into the earth, by boring or otherwise, for the production of water;
(12) "Well" means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well; and
(13) "Well owner" means the person who owns the real property on which a well exists or is to be drilled; provided, however, that in the case of any monitoring or remediation required by the department or the commissioner, the well owner shall be the person responsible for such monitoring or remediation.
Acts 1963, ch. 325, § 1; T.C.A., § 70-2301; Acts 1984, ch. 784, § 1; 1986, ch. 611, §1; 1992, ch. 693, § 1; 2002, ch. 800, § 12; T.C.A. § 69-11-101 .
Tenn. Code Ann. § 69-6-135 — TN Code / Title 69 / Chapter 6 / Section 69-6-135
Hearing on report - Notice - Objections - Decree - Restriction on assessments
Status: in_force

(a) When the commissioners have filed their written report, including the proposed assessment for benefits upon the lands benefited by the project, the court shall set a date for the hearing of the matter upon the report of the commissioners and direct that publication be made for all landowners and other persons interested in the lands to be affected by the proposed improvement in some newspaper of general circulation in each county in which are located lands affected by the proposed improvement. This publication shall be once a week for three (3) consecutive weeks, the last publication to be at least ten (10) days before the date set for the hearing. The publication shall notify all known landowners and other interested persons generally without being named of the hearing of the report of the commissioners apportioning the cost of the proposed plan, the improvement or project between the lands benefited in proportion to such benefits and setting out the proposed assessments against each tract of land benefited. In addition, the publication should notify such landowners or other interested parties of the time and place of such hearing, when and where they should appear, and show cause why the report of the commissioners should not be approved, and why the assessment should not be levied upon the lands to create the funds necessary for such proposed improvement. (b) The landowners or other interested persons shall make their appearance and file their objections, if any, in writing on or before the time fixed for such hearing. (c) At the time and place fixed for such hearing, the court shall proceed to consider the report of the commissioners and any exceptions or objections filed, as well as any proof offered in support of the exceptions or objections or in support of the commissioners' report. Whereupon, the court will sustain or overrule each of the exceptions or modify or amend the proposed assessment to which such exception or objection was filed. The court will then either reject or accept the report of the commissioners and ratify it with or without modifications or amendments in regard to the proposed assessments. (d) If the court shall accept and ratify the report of the commissioners, either with or without modifications, the court will then by decree proceed to make or levy an assessment for the amount determined upon the respective tracts of land to be benefited by the project in proportion to such benefits; provided, that in watershed districts of a size of two hundred fifty thousand (250,000) acres, or larger, no tract of land shall be assessed for such benefits in an amount in excess of twenty-five percent (25%) of its assessed valuation for county taxation. Acts 1955, ch. 112, § 23; 1959, ch. 53, § 1; T.C.A, § 70-1835; T.C.A. § 69-7-135.
(a) When the commissioners have filed their written report, including the proposed assessment for benefits upon the lands benefited by the project, the court shall set a date for the hearing of the matter upon the report of the commissioners and direct that publication be made for all landowners and other persons interested in the lands to be affected by the proposed improvement in some newspaper of general circulation in each county in which are located lands affected by the proposed improvement. This publication shall be once a week for three (3) consecutive weeks, the last publication to be at least ten (10) days before the date set for the hearing. The publication shall notify all known landowners and other interested persons generally without being named of the hearing of the report of the commissioners apportioning the cost of the proposed plan, the improvement or project between the lands benefited in proportion to such benefits and setting out the proposed assessments against each tract of land benefited. In addition, the publication should notify such landowners or other interested parties of the time and place of such hearing, when and where they should appear, and show cause why the report of the commissioners should not be approved, and why the assessment should not be levied upon the lands to create the funds necessary for such proposed improvement.
(b) The landowners or other interested persons shall make their appearance and file their objections, if any, in writing on or before the time fixed for such hearing.
(c) At the time and place fixed for such hearing, the court shall proceed to consider the report of the commissioners and any exceptions or objections filed, as well as any proof offered in support of the exceptions or objections or in support of the commissioners' report. Whereupon, the court will sustain or overrule each of the exceptions or modify or amend the proposed assessment to which such exception or objection was filed. The court will then either reject or accept the report of the commissioners and ratify it with or without modifications or amendments in regard to the proposed assessments.
(d) If the court shall accept and ratify the report of the commissioners, either with or without modifications, the court will then by decree proceed to make or levy an assessment for the amount determined upon the respective tracts of land to be benefited by the project in proportion to such benefits; provided, that in watershed districts of a size of two hundred fifty thousand (250,000) acres, or larger, no tract of land shall be assessed for such benefits in an amount in excess of twenty-five percent (25%) of its assessed valuation for county taxation.
Acts 1955, ch. 112, § 23; 1959, ch. 53, § 1; T.C.A, § 70-1835; T.C.A. § 69-7-135.
Tenn. Code Ann. § 69-3-302 — TN Code / Title 69 / Chapter 3 / Section 69-3-302
Publication of final orders by the board or an administrative judge
Status: in_force

Final orders by the board or an administrative judge shall be published on the department website within five (5) business days, in addition to other publication required by law. Amended by 2013 Tenn. Acts, ch. 181,s 18, eff. 7/1/2013. Acts 2007, ch. 404, § 3.
Final orders by the board or an administrative judge shall be published on the department website within five (5) business days, in addition to other publication required by law.
Amended by 2013 Tenn. Acts, ch. 181,s 18, eff. 7/1/2013.
Acts 2007, ch. 404, § 3.
Tenn. Code Ann. § 69-9-219 — TN Code / Title 69 / Chapter 9 / Section 69-9-219
Penalties
Status: in_force

(a) Any person who violates any of the provisions of this chapter, except § 69-9-216(a) or § 69-9-217 , including any rules and regulations adopted by the commission, commits a Class C misdemeanor. (b) Any person who violates § 69-9-216(a) commits a Class A misdemeanor. (c) (1) (A) Except as otherwise provided in this subdivision (c)(1), a person who violates § 69-9-217(a) commits a Class A misdemeanor. (B) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , shall, upon conviction for the first offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500). (ii) A person violating § 69-9-217(a) , upon conviction for the first offense with a blood alcohol concentration of twenty-hundredths of one percent (0.20%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours and be fined pursuant to subdivision (c)(1)(B)(i) (b) . (C) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a second offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500). (ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(C)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse. (D) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a third offense: (a) Be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000). (ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(D)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse. (E) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , upon conviction for a fourth offense, shall: (i) Be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (F) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , upon conviction for a fifth offense and for which prior convictions for vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 are to be included, shall: (i) Be sentenced as a felon to serve not less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (G) Except as provided in subdivision (c)(1)(H), a sixth or subsequent conviction for violating § 69-9-217(a) , including any other applicable prior conviction described in subdivision (c)(1)(F), is a Class C felony and any person sentenced under this subdivision (c)(1)(G) shall: (i) Be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (H) (i) If a person is convicted of a violation of § 69-9-217(a) , and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, then the person's sentence shall be enhanced by: (a) A mandatory minimum period of incarceration of thirty (30) days, which incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 69-9-217(a) ; and (b) A fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (ii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 69-9-217(a) , the person commits a Class D felony and shall: (a) Be punished as provided in § 39-13-106 for vehicular assault; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (iii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 69-9-217(a) , the person commits a Class B felony and shall: (a) Be punished as provided in § 39-13-213(b)(2) for vehicular homicide involving intoxication; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (iv) Subdivisions (c)(1)(H)(i)-(iii) constitute an enhanced sentence, not a new offense. (I) If a person is convicted of a violation of § 69-9-217(a) , then the sentencing court shall suspend the person's privilege to operate any vessel subject to registration or any commercial vessel, as defined in § 69-9-217(b) , for a period of twelve (12) months. (2) The court, in its discretion, may require a person convicted of a violation of § 69-9-217(a) to remove litter from public areas, playgrounds, picnic ramps, and areas giving the public access to the public waters of the state or to work in a recycling center or other appropriate location for any prescribed period of time in addition to any of the penalties otherwise provided in this section. A person sentenced to remove litter under this subdivision (c)(2) is allowed to do so at a time other than that person's regular hours of employment. (3) (A) The court may order any person convicted of a violation of § 69-9-217(a) to be subject to monitoring using one (1) or more of the following: (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device; (ii) Electronic monitoring with random alcohol or drug testing; (iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, then the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay must come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment. (B) If the court orders a person to be subject to monitoring as provided in subdivision (c)(3)(A), then the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall: (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device; (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and (iii) Immediately notify the court of any of the person's violations of this subdivision (c)(3), which shall be considered a violation of the conditions of probation. (4) (A) An offender sentenced to a period of incarceration for a violation of § 69-9-217(a) , is required to commence service of the sentence within thirty (30) days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse within such time, as soon as such space is available. The sheriff or chief administrative officer of a local jail or workhouse may use alternative facilities, as defined in § 55-10-402(f) , for the incarceration of an offender convicted of a violation of § 69-9-217(a) . (B) This subdivision (c)(4) does not give an offender a right to serve a sentence for a violation of § 69-9-217(a) in an alternative facility or within a specified period of time. Failure of a sheriff or chief administrative officer of a jail to require an offender to serve the sentence within a certain period of time or in a certain facility or type of facility does not invalidate the sentence. (5) (A) For purposes of this section, a person whose convictions for violating § 69-9-217(a) occur more than ten (10) years apart is not considered a multiple offender and the penalties imposed upon multiple offenders by subdivisions (c)(1) and (2) do not apply to such person. (B) For purposes of determining if a person convicted of § 69-9-217(a) is a repeat or multiple offender, a prior conviction for driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , must be treated the same as a prior conviction for boating under the influence under § 69-9-217(a) if the person was convicted of the prior offense within ten (10) years of the date of the present violation. (6) A person charged with a violation of § 69-9-217(a) is not eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 - 40-15-105 or any other pretrial diversion program, nor is a person convicted under § 69-9-217(a) eligible for suspension of sentence or probation pursuant to title 40, chapter 35, part 3, or any other law authorizing suspension of sentence or probation, until such time as the person has fully served day for day at least the minimum sentence provided by law. (7) All persons sentenced under subdivision (c)(1) or (c)(2) are required to serve the difference between the time actually served and the maximum sentence on probation. The judge, in the judge's discretion, may impose any conditions of probation that are reasonably related to the offense but shall impose the following conditions: (A) Participation in an alcohol safety boating under the influence (BUI) school program, if available; (B) Upon the second or subsequent conviction for violating § 69-9-217(a) , participation in a program of rehabilitation at an alcohol treatment facility, if available; and (C) The payment of restitution to any person suffering physical injury or personal losses as the result of such offense, if such person is economically capable of making such restitution. (8) (A) Any person convicted under § 69-9-217(a) of an initial or subsequent offense shall be advised in writing of the penalty for second and subsequent convictions, and, when pronouncing sentence, the judge shall advise the defendant of the penalties for additional offenses. (B) In the prosecution of second or subsequent offenders, the indictment or charging instrument must allege each prior conviction for violation of § 69-9-217(a) , driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , setting forth the time and place of each prior conviction. (9) In addition to all other fines, fees, costs, and punishments, in any county having a county-operated blood alcohol concentration testing facility, a blood alcohol concentration (BAC) test fee in the amount of seventeen dollars and fifty cents ($17.50) must be assessed upon conviction of an offense of operating a vessel subject to registration for each offender who has taken a breath-alcohol test on an evidential breath testing unit provided, maintained, and administered by a law enforcement agency in the counties or where breath, blood, or urine has been analyzed by a publicly funded forensic laboratory. This fee must be collected by the clerks of various courts of the counties and forwarded to the county trustee on a monthly basis, and designated for exclusive use by the law enforcement testing unit of the counties if the BAC test was conducted on an evidential breath-testing unit. If the blood alcohol test was conducted by a publicly funded forensic laboratory, then the fee must be collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis, and designated for exclusive use by the publicly funded forensic laboratory. (10) A person arrested under this subsection (c) is not subject to strip searches or body cavity searches, or both, unless the arresting officer has probable cause to believe the arrested person may be concealing a weapon or contraband, or both, in such person's body cavity. "Contraband" includes, but is not limited to, illegal drugs. (11) In addition to all other fines, fees, costs, and punishments now prescribed by law, an ignition interlock fee of forty dollars ($40.00) must be assessed for each violation of § 69-9-217(a) occurring on or after July 1, 2018, and resulting in a conviction for such offense. All proceeds collected pursuant to this subdivision (c)(11) must be transmitted to the treasurer for deposit in the electronic monitoring indigency fund pursuant to § 55-10-419(g) . (d) Any person violating § 69-9-217(m) commits a Class B misdemeanor and, upon conviction of the violation, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall be confined in the county jail or workhouse for not less than forty-eight (48) consecutive hours nor more than six (6) months. Amended by 2023 Tenn. Acts, ch. 383, s 4, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 910, s 8, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 910, s 7, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 434, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 434, s 1, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 1046, s 8, eff. 7/1/2018. Acts 1965, ch. 334, § 21; 1967, ch. 153, § 1; T.C.A., §§70-2221, 69-10-217; Acts 1989, ch. 92, §§ 7-9; 1989, ch. 591, § 113; 1990, ch. 981, §2; T.C.A. §69-10-219; Acts 2007 , ch. 185, § 13.
(a) Any person who violates any of the provisions of this chapter, except § 69-9-216(a) or § 69-9-217 , including any rules and regulations adopted by the commission, commits a Class C misdemeanor.
(b) Any person who violates § 69-9-216(a) commits a Class A misdemeanor.
(c) (1) (A) Except as otherwise provided in this subdivision (c)(1), a person who violates § 69-9-217(a) commits a Class A misdemeanor. (B) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , shall, upon conviction for the first offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500). (ii) A person violating § 69-9-217(a) , upon conviction for the first offense with a blood alcohol concentration of twenty-hundredths of one percent (0.20%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours and be fined pursuant to subdivision (c)(1)(B)(i) (b) . (C) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a second offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500). (ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(C)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse. (D) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a third offense: (a) Be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000). (ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(D)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse. (E) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , upon conviction for a fourth offense, shall: (i) Be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (F) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , upon conviction for a fifth offense and for which prior convictions for vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 are to be included, shall: (i) Be sentenced as a felon to serve not less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (G) Except as provided in subdivision (c)(1)(H), a sixth or subsequent conviction for violating § 69-9-217(a) , including any other applicable prior conviction described in subdivision (c)(1)(F), is a Class C felony and any person sentenced under this subdivision (c)(1)(G) shall: (i) Be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (H) (i) If a person is convicted of a violation of § 69-9-217(a) , and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, then the person's sentence shall be enhanced by: (a) A mandatory minimum period of incarceration of thirty (30) days, which incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 69-9-217(a) ; and (b) A fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (ii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 69-9-217(a) , the person commits a Class D felony and shall: (a) Be punished as provided in § 39-13-106 for vehicular assault; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (iii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 69-9-217(a) , the person commits a Class B felony and shall: (a) Be punished as provided in § 39-13-213(b)(2) for vehicular homicide involving intoxication; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (iv) Subdivisions (c)(1)(H)(i)-(iii) constitute an enhanced sentence, not a new offense. (I) If a person is convicted of a violation of § 69-9-217(a) , then the sentencing court shall suspend the person's privilege to operate any vessel subject to registration or any commercial vessel, as defined in § 69-9-217(b) , for a period of twelve (12) months. (2) The court, in its discretion, may require a person convicted of a violation of § 69-9-217(a) to remove litter from public areas, playgrounds, picnic ramps, and areas giving the public access to the public waters of the state or to work in a recycling center or other appropriate location for any prescribed period of time in addition to any of the penalties otherwise provided in this section. A person sentenced to remove litter under this subdivision (c)(2) is allowed to do so at a time other than that person's regular hours of employment. (3) (A) The court may order any person convicted of a violation of § 69-9-217(a) to be subject to monitoring using one (1) or more of the following: (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device; (ii) Electronic monitoring with random alcohol or drug testing; (iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, then the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay must come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment. (B) If the court orders a person to be subject to monitoring as provided in subdivision (c)(3)(A), then the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall: (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device; (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and (iii) Immediately notify the court of any of the person's violations of this subdivision (c)(3), which shall be considered a violation of the conditions of probation. (4) (A) An offender sentenced to a period of incarceration for a violation of § 69-9-217(a) , is required to commence service of the sentence within thirty (30) days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse within such time, as soon as such space is available. The sheriff or chief administrative officer of a local jail or workhouse may use alternative facilities, as defined in § 55-10-402(f) , for the incarceration of an offender convicted of a violation of § 69-9-217(a) . (B) This subdivision (c)(4) does not give an offender a right to serve a sentence for a violation of § 69-9-217(a) in an alternative facility or within a specified period of time. Failure of a sheriff or chief administrative officer of a jail to require an offender to serve the sentence within a certain period of time or in a certain facility or type of facility does not invalidate the sentence. (5) (A) For purposes of this section, a person whose convictions for violating § 69-9-217(a) occur more than ten (10) years apart is not considered a multiple offender and the penalties imposed upon multiple offenders by subdivisions (c)(1) and (2) do not apply to such person. (B) For purposes of determining if a person convicted of § 69-9-217(a) is a repeat or multiple offender, a prior conviction for driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , must be treated the same as a prior conviction for boating under the influence under § 69-9-217(a) if the person was convicted of the prior offense within ten (10) years of the date of the present violation. (6) A person charged with a violation of § 69-9-217(a) is not eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 - 40-15-105 or any other pretrial diversion program, nor is a person convicted under § 69-9-217(a) eligible for suspension of sentence or probation pursuant to title 40, chapter 35, part 3, or any other law authorizing suspension of sentence or probation, until such time as the person has fully served day for day at least the minimum sentence provided by law. (7) All persons sentenced under subdivision (c)(1) or (c)(2) are required to serve the difference between the time actually served and the maximum sentence on probation. The judge, in the judge's discretion, may impose any conditions of probation that are reasonably related to the offense but shall impose the following conditions: (A) Participation in an alcohol safety boating under the influence (BUI) school program, if available; (B) Upon the second or subsequent conviction for violating § 69-9-217(a) , participation in a program of rehabilitation at an alcohol treatment facility, if available; and (C) The payment of restitution to any person suffering physical injury or personal losses as the result of such offense, if such person is economically capable of making such restitution. (8) (A) Any person convicted under § 69-9-217(a) of an initial or subsequent offense shall be advised in writing of the penalty for second and subsequent convictions, and, when pronouncing sentence, the judge shall advise the defendant of the penalties for additional offenses. (B) In the prosecution of second or subsequent offenders, the indictment or charging instrument must allege each prior conviction for violation of § 69-9-217(a) , driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , setting forth the time and place of each prior conviction. (9) In addition to all other fines, fees, costs, and punishments, in any county having a county-operated blood alcohol concentration testing facility, a blood alcohol concentration (BAC) test fee in the amount of seventeen dollars and fifty cents ($17.50) must be assessed upon conviction of an offense of operating a vessel subject to registration for each offender who has taken a breath-alcohol test on an evidential breath testing unit provided, maintained, and administered by a law enforcement agency in the counties or where breath, blood, or urine has been analyzed by a publicly funded forensic laboratory. This fee must be collected by the clerks of various courts of the counties and forwarded to the county trustee on a monthly basis, and designated for exclusive use by the law enforcement testing unit of the counties if the BAC test was conducted on an evidential breath-testing unit. If the blood alcohol test was conducted by a publicly funded forensic laboratory, then the fee must be collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis, and designated for exclusive use by the publicly funded forensic laboratory. (10) A person arrested under this subsection (c) is not subject to strip searches or body cavity searches, or both, unless the arresting officer has probable cause to believe the arrested person may be concealing a weapon or contraband, or both, in such person's body cavity. "Contraband" includes, but is not limited to, illegal drugs. (11) In addition to all other fines, fees, costs, and punishments now prescribed by law, an ignition interlock fee of forty dollars ($40.00) must be assessed for each violation of § 69-9-217(a) occurring on or after July 1, 2018, and resulting in a conviction for such offense. All proceeds collected pursuant to this subdivision (c)(11) must be transmitted to the treasurer for deposit in the electronic monitoring indigency fund pursuant to § 55-10-419(g) .
(1) (A) Except as otherwise provided in this subdivision (c)(1), a person who violates § 69-9-217(a) commits a Class A misdemeanor. (B) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , shall, upon conviction for the first offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500). (ii) A person violating § 69-9-217(a) , upon conviction for the first offense with a blood alcohol concentration of twenty-hundredths of one percent (0.20%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours and be fined pursuant to subdivision (c)(1)(B)(i) (b) . (C) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a second offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500). (ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(C)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse. (D) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a third offense: (a) Be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000). (ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(D)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse. (E) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , upon conviction for a fourth offense, shall: (i) Be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (F) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , upon conviction for a fifth offense and for which prior convictions for vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 are to be included, shall: (i) Be sentenced as a felon to serve not less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (G) Except as provided in subdivision (c)(1)(H), a sixth or subsequent conviction for violating § 69-9-217(a) , including any other applicable prior conviction described in subdivision (c)(1)(F), is a Class C felony and any person sentenced under this subdivision (c)(1)(G) shall: (i) Be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000). (H) (i) If a person is convicted of a violation of § 69-9-217(a) , and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, then the person's sentence shall be enhanced by: (a) A mandatory minimum period of incarceration of thirty (30) days, which incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 69-9-217(a) ; and (b) A fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (ii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 69-9-217(a) , the person commits a Class D felony and shall: (a) Be punished as provided in § 39-13-106 for vehicular assault; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (iii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 69-9-217(a) , the person commits a Class B felony and shall: (a) Be punished as provided in § 39-13-213(b)(2) for vehicular homicide involving intoxication; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (iv) Subdivisions (c)(1)(H)(i)-(iii) constitute an enhanced sentence, not a new offense. (I) If a person is convicted of a violation of § 69-9-217(a) , then the sentencing court shall suspend the person's privilege to operate any vessel subject to registration or any commercial vessel, as defined in § 69-9-217(b) , for a period of twelve (12) months.
(A) Except as otherwise provided in this subdivision (c)(1), a person who violates § 69-9-217(a) commits a Class A misdemeanor.
(B) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , shall, upon conviction for the first offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500). (ii) A person violating § 69-9-217(a) , upon conviction for the first offense with a blood alcohol concentration of twenty-hundredths of one percent (0.20%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours and be fined pursuant to subdivision (c)(1)(B)(i) (b) .
(i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , shall, upon conviction for the first offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500).
(a) Be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days; and
(b) Be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500).
(ii) A person violating § 69-9-217(a) , upon conviction for the first offense with a blood alcohol concentration of twenty-hundredths of one percent (0.20%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours and be fined pursuant to subdivision (c)(1)(B)(i) (b) .
(C) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a second offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500). (ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(C)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse.
(i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a second offense: (a) Be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500).
(a) Be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and
(b) Be fined not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500).
(ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(C)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse.
(a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and
(b) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse.
(D) (i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a third offense: (a) Be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000). (ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(D)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse.
(i) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) shall, upon conviction for a third offense: (a) Be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and (b) Be fined not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000).
(a) Be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days; and
(b) Be fined not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000).
(ii) After sentencing the person to a period of confinement pursuant to subdivision (c)(1)(D)(i) (a) , as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and (b) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse.
(a) Completes a clinical substance abuse assessment conducted pursuant to § 55-10-402(h) ; and
(b) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse.
(E) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , upon conviction for a fourth offense, shall: (i) Be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000).
(i) Be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and
(ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000).
(F) Except as provided in subdivision (c)(1)(H), a person violating § 69-9-217(a) , upon conviction for a fifth offense and for which prior convictions for vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 are to be included, shall: (i) Be sentenced as a felon to serve not less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000).
(i) Be sentenced as a felon to serve not less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony; and
(ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000).
(G) Except as provided in subdivision (c)(1)(H), a sixth or subsequent conviction for violating § 69-9-217(a) , including any other applicable prior conviction described in subdivision (c)(1)(F), is a Class C felony and any person sentenced under this subdivision (c)(1)(G) shall: (i) Be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony; and (ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000).
(i) Be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (c)(1)(E) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony; and
(ii) Be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000).
(H) (i) If a person is convicted of a violation of § 69-9-217(a) , and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, then the person's sentence shall be enhanced by: (a) A mandatory minimum period of incarceration of thirty (30) days, which incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 69-9-217(a) ; and (b) A fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (ii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 69-9-217(a) , the person commits a Class D felony and shall: (a) Be punished as provided in § 39-13-106 for vehicular assault; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (iii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 69-9-217(a) , the person commits a Class B felony and shall: (a) Be punished as provided in § 39-13-213(b)(2) for vehicular homicide involving intoxication; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) . (iv) Subdivisions (c)(1)(H)(i)-(iii) constitute an enhanced sentence, not a new offense.
(i) If a person is convicted of a violation of § 69-9-217(a) , and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, then the person's sentence shall be enhanced by: (a) A mandatory minimum period of incarceration of thirty (30) days, which incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 69-9-217(a) ; and (b) A fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) .
(a) A mandatory minimum period of incarceration of thirty (30) days, which incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 69-9-217(a) ; and
(b) A fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) .
(ii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 69-9-217(a) , the person commits a Class D felony and shall: (a) Be punished as provided in § 39-13-106 for vehicular assault; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) .
(a) Be punished as provided in § 39-13-106 for vehicular assault; and
(b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) .
(iii) Notwithstanding subdivisions (c)(1)(A)-(G), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 69-9-217(a) , the person commits a Class B felony and shall: (a) Be punished as provided in § 39-13-213(b)(2) for vehicular homicide involving intoxication; and (b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) .
(a) Be punished as provided in § 39-13-213(b)(2) for vehicular homicide involving intoxication; and
(b) Have the person's sentence enhanced by a fine of one thousand dollars ($1,000), which enhanced fine is in addition to any other fine received for the violation of § 69-9-217(a) .
(iv) Subdivisions (c)(1)(H)(i)-(iii) constitute an enhanced sentence, not a new offense.
(I) If a person is convicted of a violation of § 69-9-217(a) , then the sentencing court shall suspend the person's privilege to operate any vessel subject to registration or any commercial vessel, as defined in § 69-9-217(b) , for a period of twelve (12) months.
(2) The court, in its discretion, may require a person convicted of a violation of § 69-9-217(a) to remove litter from public areas, playgrounds, picnic ramps, and areas giving the public access to the public waters of the state or to work in a recycling center or other appropriate location for any prescribed period of time in addition to any of the penalties otherwise provided in this section. A person sentenced to remove litter under this subdivision (c)(2) is allowed to do so at a time other than that person's regular hours of employment.
(3) (A) The court may order any person convicted of a violation of § 69-9-217(a) to be subject to monitoring using one (1) or more of the following: (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device; (ii) Electronic monitoring with random alcohol or drug testing; (iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, then the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay must come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment. (B) If the court orders a person to be subject to monitoring as provided in subdivision (c)(3)(A), then the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall: (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device; (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and (iii) Immediately notify the court of any of the person's violations of this subdivision (c)(3), which shall be considered a violation of the conditions of probation.
(A) The court may order any person convicted of a violation of § 69-9-217(a) to be subject to monitoring using one (1) or more of the following: (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device; (ii) Electronic monitoring with random alcohol or drug testing; (iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, then the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay must come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment.
(i) Transdermal monitoring device or other alternative alcohol or drug monitoring device;
(ii) Electronic monitoring with random alcohol or drug testing;
(iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, then the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay must come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or
(iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment.
(B) If the court orders a person to be subject to monitoring as provided in subdivision (c)(3)(A), then the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall: (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device; (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and (iii) Immediately notify the court of any of the person's violations of this subdivision (c)(3), which shall be considered a violation of the conditions of probation.
(i) Require periodic reporting by the person for verification of the proper operation of the monitoring device;
(ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and
(iii) Immediately notify the court of any of the person's violations of this subdivision (c)(3), which shall be considered a violation of the conditions of probation.
(4) (A) An offender sentenced to a period of incarceration for a violation of § 69-9-217(a) , is required to commence service of the sentence within thirty (30) days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse within such time, as soon as such space is available. The sheriff or chief administrative officer of a local jail or workhouse may use alternative facilities, as defined in § 55-10-402(f) , for the incarceration of an offender convicted of a violation of § 69-9-217(a) . (B) This subdivision (c)(4) does not give an offender a right to serve a sentence for a violation of § 69-9-217(a) in an alternative facility or within a specified period of time. Failure of a sheriff or chief administrative officer of a jail to require an offender to serve the sentence within a certain period of time or in a certain facility or type of facility does not invalidate the sentence.
(A) An offender sentenced to a period of incarceration for a violation of § 69-9-217(a) , is required to commence service of the sentence within thirty (30) days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse within such time, as soon as such space is available. The sheriff or chief administrative officer of a local jail or workhouse may use alternative facilities, as defined in § 55-10-402(f) , for the incarceration of an offender convicted of a violation of § 69-9-217(a) .
(B) This subdivision (c)(4) does not give an offender a right to serve a sentence for a violation of § 69-9-217(a) in an alternative facility or within a specified period of time. Failure of a sheriff or chief administrative officer of a jail to require an offender to serve the sentence within a certain period of time or in a certain facility or type of facility does not invalidate the sentence.
(5) (A) For purposes of this section, a person whose convictions for violating § 69-9-217(a) occur more than ten (10) years apart is not considered a multiple offender and the penalties imposed upon multiple offenders by subdivisions (c)(1) and (2) do not apply to such person. (B) For purposes of determining if a person convicted of § 69-9-217(a) is a repeat or multiple offender, a prior conviction for driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , must be treated the same as a prior conviction for boating under the influence under § 69-9-217(a) if the person was convicted of the prior offense within ten (10) years of the date of the present violation.
(A) For purposes of this section, a person whose convictions for violating § 69-9-217(a) occur more than ten (10) years apart is not considered a multiple offender and the penalties imposed upon multiple offenders by subdivisions (c)(1) and (2) do not apply to such person.
(B) For purposes of determining if a person convicted of § 69-9-217(a) is a repeat or multiple offender, a prior conviction for driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , must be treated the same as a prior conviction for boating under the influence under § 69-9-217(a) if the person was convicted of the prior offense within ten (10) years of the date of the present violation.
(6) A person charged with a violation of § 69-9-217(a) is not eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 - 40-15-105 or any other pretrial diversion program, nor is a person convicted under § 69-9-217(a) eligible for suspension of sentence or probation pursuant to title 40, chapter 35, part 3, or any other law authorizing suspension of sentence or probation, until such time as the person has fully served day for day at least the minimum sentence provided by law.
(7) All persons sentenced under subdivision (c)(1) or (c)(2) are required to serve the difference between the time actually served and the maximum sentence on probation. The judge, in the judge's discretion, may impose any conditions of probation that are reasonably related to the offense but shall impose the following conditions: (A) Participation in an alcohol safety boating under the influence (BUI) school program, if available; (B) Upon the second or subsequent conviction for violating § 69-9-217(a) , participation in a program of rehabilitation at an alcohol treatment facility, if available; and (C) The payment of restitution to any person suffering physical injury or personal losses as the result of such offense, if such person is economically capable of making such restitution.
(A) Participation in an alcohol safety boating under the influence (BUI) school program, if available;
(B) Upon the second or subsequent conviction for violating § 69-9-217(a) , participation in a program of rehabilitation at an alcohol treatment facility, if available; and
(C) The payment of restitution to any person suffering physical injury or personal losses as the result of such offense, if such person is economically capable of making such restitution.
(8) (A) Any person convicted under § 69-9-217(a) of an initial or subsequent offense shall be advised in writing of the penalty for second and subsequent convictions, and, when pronouncing sentence, the judge shall advise the defendant of the penalties for additional offenses. (B) In the prosecution of second or subsequent offenders, the indictment or charging instrument must allege each prior conviction for violation of § 69-9-217(a) , driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , setting forth the time and place of each prior conviction.
(A) Any person convicted under § 69-9-217(a) of an initial or subsequent offense shall be advised in writing of the penalty for second and subsequent convictions, and, when pronouncing sentence, the judge shall advise the defendant of the penalties for additional offenses.
(B) In the prosecution of second or subsequent offenders, the indictment or charging instrument must allege each prior conviction for violation of § 69-9-217(a) , driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , setting forth the time and place of each prior conviction.
(9) In addition to all other fines, fees, costs, and punishments, in any county having a county-operated blood alcohol concentration testing facility, a blood alcohol concentration (BAC) test fee in the amount of seventeen dollars and fifty cents ($17.50) must be assessed upon conviction of an offense of operating a vessel subject to registration for each offender who has taken a breath-alcohol test on an evidential breath testing unit provided, maintained, and administered by a law enforcement agency in the counties or where breath, blood, or urine has been analyzed by a publicly funded forensic laboratory. This fee must be collected by the clerks of various courts of the counties and forwarded to the county trustee on a monthly basis, and designated for exclusive use by the law enforcement testing unit of the counties if the BAC test was conducted on an evidential breath-testing unit. If the blood alcohol test was conducted by a publicly funded forensic laboratory, then the fee must be collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis, and designated for exclusive use by the publicly funded forensic laboratory.
(10) A person arrested under this subsection (c) is not subject to strip searches or body cavity searches, or both, unless the arresting officer has probable cause to believe the arrested person may be concealing a weapon or contraband, or both, in such person's body cavity. "Contraband" includes, but is not limited to, illegal drugs.
(11) In addition to all other fines, fees, costs, and punishments now prescribed by law, an ignition interlock fee of forty dollars ($40.00) must be assessed for each violation of § 69-9-217(a) occurring on or after July 1, 2018, and resulting in a conviction for such offense. All proceeds collected pursuant to this subdivision (c)(11) must be transmitted to the treasurer for deposit in the electronic monitoring indigency fund pursuant to § 55-10-419(g) .
(d) Any person violating § 69-9-217(m) commits a Class B misdemeanor and, upon conviction of the violation, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall be confined in the county jail or workhouse for not less than forty-eight (48) consecutive hours nor more than six (6) months.
Amended by 2023 Tenn. Acts, ch. 383, s 4, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 910, s 8, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 910, s 7, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 434, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 434, s 1, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 1046, s 8, eff. 7/1/2018.
Acts 1965, ch. 334, § 21; 1967, ch. 153, § 1; T.C.A., §§70-2221, 69-10-217; Acts 1989, ch. 92, §§ 7-9; 1989, ch. 591, § 113; 1990, ch. 981, §2; T.C.A. §69-10-219; Acts 2007 , ch. 185, § 13.
Tenn. Code Ann. § 69-5-1006 — TN Code / Title 69 / Chapter 5 / Section 69-5-1006
Map of district
Status: in_force

The engineer of such district shall show in the engineer's report upon the map of the district the location of the line or lines between counties, and show clearly what tracts of land within such district lie in each of the counties of the district. Acts 1915, ch. 61, §8; Shan., § 3871a170; mod. Code 1932, § 4406; T.C.A. (orig. ed.), § 70-1514; T.C.A. § 69-6-1006.
The engineer of such district shall show in the engineer's report upon the map of the district the location of the line or lines between counties, and show clearly what tracts of land within such district lie in each of the counties of the district.
Acts 1915, ch. 61, §8; Shan., § 3871a170; mod. Code 1932, § 4406; T.C.A. (orig. ed.), § 70-1514; T.C.A. § 69-6-1006.
Tenn. Code Ann. § 69-3-104 — TN Code / Title 69 / Chapter 3 / Section 69-3-104
Board of water quality, oil, and gas
Status: in_force

(a) (1) There is hereby created and established the Tennessee board of water quality, oil, and gas, referred to as the "board" in this part, which shall be composed of twelve (12) members as follows: (A) The commissioner of environment and conservation, who shall be the chair of the board; (B) The commissioner of health; (C) The commissioner of agriculture; and (D) Nine (9) citizen members appointed by the governor for terms of four (4) years. (2) Each ex officio member may, by official order filed with the director, designate a representative from such member's staff who shall have the powers and be subject to the duties and responsibilities of the ex officio member designating the representative, except that the representative designated by the commissioner of environment and conservation shall not serve as chair. (3) The board shall annually elect a vice chair from among its members, who shall preside over all meetings at which the chair is not present. (4) (A) The citizen members of the board shall be appointed as follows: (i) One (1) of the nine (9) citizen members shall be from the public-at-large. The public member's occupation shall not be in the same primary area of interest as any other citizen member of the board; (ii) One (1) member shall represent environmental interests and may be appointed from lists of qualified persons submitted by interested conservation groups including, but not limited to, the Tennessee conservation league; (iii) One (1) member shall represent counties and may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association; (iv) One (1) member shall represent agricultural interests and may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau; (v) One (1) member shall represent the municipalities of the state and may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (vi) One (1) member shall represent small generators of water pollution and may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, the Tennessee Automotive Association; (vii) One (1) member shall represent manufacturing industries and have current full-time employment with a manufacturing concern in Tennessee, shall hold a college degree in engineering or the equivalent, and shall have at least eight (8) years of combined technical training and experience in national pollutant discharge elimination system (NPDES) permit compliance and management of wastewater or water treatment facilities, and may be appointed from lists of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (viii) One (1) member shall represent the oil and gas industry; and (ix) One (1) member shall represent oil or gas property owners. (B) The governor shall consult with the interested groups described in subdivision (a)(4)(A) to determine qualified persons to fill the citizen member positions on the board. (5) Each appointive member shall be a resident and domiciliary of this state. (6) No member shall be appointed, unless at the time of the member's appointment, the member or the member's employer is in compliance with this part as certified by the commissioner. (7) The three (3) ex officio members shall hold their positions on the board throughout their respective terms and until the appointment of their successors as such. (8) All appointments of citizen members shall be for a full four-year term. (9) Any appointive member who is absent from three (3) consecutive, regularly scheduled meetings shall be removed from the board by the governor. (10) Upon the death, resignation, or removal of any appointive member, the governor shall appoint some person representing the same area of interest as the member whose position has been vacated to fill the unexpired term of such member. (11) Appointive members shall continue to serve until a successor has been appointed. (12) In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. (13) (A) Notwithstanding subdivision (a)(8), the terms of the appointive members of the board serving on July 1, 2014, shall terminate as follows: (i) The terms of the members appointed under subdivisions (a)(4)(A)(i) and (ii) shall terminate on September 30, 2016; (ii) The terms of the members appointed under subdivisions (a)(4)(A)(iii) and (iv) shall terminate on September 30, 2017; (iii) The terms of the members appointed under subdivisions (a)(4)(A)(v) and (vi) shall terminate on September 30, 2018; and (iv) The terms of the members appointed under subdivisions (a)(4)(A)(vii), (viii) and (ix) shall terminate on September 30, 2019. (B) The terms of all members appointed for terms beginning after September 30, 2016, shall be for four (4) years. (b) (1) The state shall ensure that those members of the board who do not receive, or during the previous two (2) years have not received, a significant portion of their income directly or indirectly from permit holders or applicants for a permit shall hear all appeals on permit matters. If the chair is not eligible to hear any permit matter, the members of the board shall select a member by majority vote to serve as chair. An ex officio member of the board who is not eligible to hear a permit matter shall designate a representative to serve on the board for that purpose in accordance with subsection (a). Board member participation in permit matters shall also be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in addition to the provisions set forth in subdivisions (b)(2)-(6) and subsection (h). (2) For the purposes of this section, "significant portion of their income" means ten percent (10%) of gross personal income for a calendar year, except that it means fifty percent (50%) of gross personal income for a calendar year if the recipient is over sixty (60) years of age and is receiving such portion pursuant to retirement, pension, or similar arrangement. (3) For the purposes of this section, "permit holders or applicants for a permit" does not include any department or agency of the state. (4) For the purposes of this section, "income" includes retirement benefits, consultant fees, and stock dividends. (5) For the purposes of this section, income is not received "directly or indirectly from permit holders or applicants for a permit" where it is derived from mutual fund payments, or from other diversified investments over which the recipient does not know the identity of the primary sources of income. If members other than the ex officio members are not qualified, then the seven (7) citizen members who are not ex officio members shall select, by agreement, qualified temporary replacements to serve for the duration of any proceeding before the board. (6) For the purposes of this subsection (b), "permit" means national pollutant discharge elimination system (NPDES) permit. (c) Each member of the board, other than the ex officio member, shall be entitled to be paid fifty dollars ($50.00) for each day actually and necessarily employed in the discharge of official duties, and each member shall be entitled to receive the amount of such member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses shall be made in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (d) The board shall have two (2) regularly scheduled meetings each year, one (1) in October and one (1) in April. Special meetings may be called by the chair at any time and shall be called as soon as possible by the chair on the written request of two (2) members. Regular meetings of the panel shall be held as necessary to review permit matters. All members shall be duly notified by the technical secretary of the time and place of any regular or special meeting at least five (5) days in advance of such meeting. The majority of the board constitutes a quorum and the concurrence of a majority of those present and voting in any matter within its duties shall be required for a determination of matters within its jurisdiction. (e) The board shall keep complete and accurate records of the proceedings of all their meetings, a copy of which shall be kept on file in the office of the director and open to public inspection. (f) The director shall serve as the technical secretary of the board. In that capacity, the member shall report the proceedings of the board pursuant to § 69-3-110 and perform such other duties as the board may require. (g) (1) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and of providing sufficient information for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board shall report to the house of representatives and senate government operations committees why such vacancies have not been filled. (2) If more than one-half (½) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate, provided that such board shall wind up its affairs pursuant to § 4-29-112 . If the board is terminated pursuant to this subdivision (g)(2), it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or reestablishing the board. (h) No member of the board shall participate in making any decision upon a permit or upon a case in which the municipality, firm or organization which the member represents, or by which the member is employed, or in which the member has a direct substantial financial interest, is involved. Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021. Amended by 2014 Tenn. Acts, ch. 624, Secs.s 7, s 8eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 624, s 3, eff. 7/1/2014. Acts 1971, ch. 164, § 4; 1971, ch. 386, § 1; 1972, ch. 631, § 1; 1976, ch. 806, § 1(125); 1977, ch. 366, § 1; 1979, ch. 422, § 18; T.C.A., § 70-327; Acts 1984, ch. 804, § 2; 1988, ch. 1013, § 72; 1991, ch. 117, § 4; 1992, ch. 693, § 3; 1994, ch. 610, §§6, 7, 8; 1994, ch. 628, §§ 3-6; 1995, ch. 155, § 1; 1996, ch. 728, §§ 4-8; 2000, ch. 835, § 6; 2005, ch. 85, §§1 - 4; 2012 , ch. 986, §§ 26-28.
(a) (1) There is hereby created and established the Tennessee board of water quality, oil, and gas, referred to as the "board" in this part, which shall be composed of twelve (12) members as follows: (A) The commissioner of environment and conservation, who shall be the chair of the board; (B) The commissioner of health; (C) The commissioner of agriculture; and (D) Nine (9) citizen members appointed by the governor for terms of four (4) years. (2) Each ex officio member may, by official order filed with the director, designate a representative from such member's staff who shall have the powers and be subject to the duties and responsibilities of the ex officio member designating the representative, except that the representative designated by the commissioner of environment and conservation shall not serve as chair. (3) The board shall annually elect a vice chair from among its members, who shall preside over all meetings at which the chair is not present. (4) (A) The citizen members of the board shall be appointed as follows: (i) One (1) of the nine (9) citizen members shall be from the public-at-large. The public member's occupation shall not be in the same primary area of interest as any other citizen member of the board; (ii) One (1) member shall represent environmental interests and may be appointed from lists of qualified persons submitted by interested conservation groups including, but not limited to, the Tennessee conservation league; (iii) One (1) member shall represent counties and may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association; (iv) One (1) member shall represent agricultural interests and may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau; (v) One (1) member shall represent the municipalities of the state and may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (vi) One (1) member shall represent small generators of water pollution and may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, the Tennessee Automotive Association; (vii) One (1) member shall represent manufacturing industries and have current full-time employment with a manufacturing concern in Tennessee, shall hold a college degree in engineering or the equivalent, and shall have at least eight (8) years of combined technical training and experience in national pollutant discharge elimination system (NPDES) permit compliance and management of wastewater or water treatment facilities, and may be appointed from lists of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (viii) One (1) member shall represent the oil and gas industry; and (ix) One (1) member shall represent oil or gas property owners. (B) The governor shall consult with the interested groups described in subdivision (a)(4)(A) to determine qualified persons to fill the citizen member positions on the board. (5) Each appointive member shall be a resident and domiciliary of this state. (6) No member shall be appointed, unless at the time of the member's appointment, the member or the member's employer is in compliance with this part as certified by the commissioner. (7) The three (3) ex officio members shall hold their positions on the board throughout their respective terms and until the appointment of their successors as such. (8) All appointments of citizen members shall be for a full four-year term. (9) Any appointive member who is absent from three (3) consecutive, regularly scheduled meetings shall be removed from the board by the governor. (10) Upon the death, resignation, or removal of any appointive member, the governor shall appoint some person representing the same area of interest as the member whose position has been vacated to fill the unexpired term of such member. (11) Appointive members shall continue to serve until a successor has been appointed. (12) In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. (13) (A) Notwithstanding subdivision (a)(8), the terms of the appointive members of the board serving on July 1, 2014, shall terminate as follows: (i) The terms of the members appointed under subdivisions (a)(4)(A)(i) and (ii) shall terminate on September 30, 2016; (ii) The terms of the members appointed under subdivisions (a)(4)(A)(iii) and (iv) shall terminate on September 30, 2017; (iii) The terms of the members appointed under subdivisions (a)(4)(A)(v) and (vi) shall terminate on September 30, 2018; and (iv) The terms of the members appointed under subdivisions (a)(4)(A)(vii), (viii) and (ix) shall terminate on September 30, 2019. (B) The terms of all members appointed for terms beginning after September 30, 2016, shall be for four (4) years.
(1) There is hereby created and established the Tennessee board of water quality, oil, and gas, referred to as the "board" in this part, which shall be composed of twelve (12) members as follows: (A) The commissioner of environment and conservation, who shall be the chair of the board; (B) The commissioner of health; (C) The commissioner of agriculture; and (D) Nine (9) citizen members appointed by the governor for terms of four (4) years.
(A) The commissioner of environment and conservation, who shall be the chair of the board;
(B) The commissioner of health;
(C) The commissioner of agriculture; and
(D) Nine (9) citizen members appointed by the governor for terms of four (4) years.
(2) Each ex officio member may, by official order filed with the director, designate a representative from such member's staff who shall have the powers and be subject to the duties and responsibilities of the ex officio member designating the representative, except that the representative designated by the commissioner of environment and conservation shall not serve as chair.
(3) The board shall annually elect a vice chair from among its members, who shall preside over all meetings at which the chair is not present.
(4) (A) The citizen members of the board shall be appointed as follows: (i) One (1) of the nine (9) citizen members shall be from the public-at-large. The public member's occupation shall not be in the same primary area of interest as any other citizen member of the board; (ii) One (1) member shall represent environmental interests and may be appointed from lists of qualified persons submitted by interested conservation groups including, but not limited to, the Tennessee conservation league; (iii) One (1) member shall represent counties and may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association; (iv) One (1) member shall represent agricultural interests and may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau; (v) One (1) member shall represent the municipalities of the state and may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (vi) One (1) member shall represent small generators of water pollution and may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, the Tennessee Automotive Association; (vii) One (1) member shall represent manufacturing industries and have current full-time employment with a manufacturing concern in Tennessee, shall hold a college degree in engineering or the equivalent, and shall have at least eight (8) years of combined technical training and experience in national pollutant discharge elimination system (NPDES) permit compliance and management of wastewater or water treatment facilities, and may be appointed from lists of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (viii) One (1) member shall represent the oil and gas industry; and (ix) One (1) member shall represent oil or gas property owners. (B) The governor shall consult with the interested groups described in subdivision (a)(4)(A) to determine qualified persons to fill the citizen member positions on the board.
(A) The citizen members of the board shall be appointed as follows: (i) One (1) of the nine (9) citizen members shall be from the public-at-large. The public member's occupation shall not be in the same primary area of interest as any other citizen member of the board; (ii) One (1) member shall represent environmental interests and may be appointed from lists of qualified persons submitted by interested conservation groups including, but not limited to, the Tennessee conservation league; (iii) One (1) member shall represent counties and may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association; (iv) One (1) member shall represent agricultural interests and may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau; (v) One (1) member shall represent the municipalities of the state and may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (vi) One (1) member shall represent small generators of water pollution and may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, the Tennessee Automotive Association; (vii) One (1) member shall represent manufacturing industries and have current full-time employment with a manufacturing concern in Tennessee, shall hold a college degree in engineering or the equivalent, and shall have at least eight (8) years of combined technical training and experience in national pollutant discharge elimination system (NPDES) permit compliance and management of wastewater or water treatment facilities, and may be appointed from lists of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (viii) One (1) member shall represent the oil and gas industry; and (ix) One (1) member shall represent oil or gas property owners.
(i) One (1) of the nine (9) citizen members shall be from the public-at-large. The public member's occupation shall not be in the same primary area of interest as any other citizen member of the board;
(ii) One (1) member shall represent environmental interests and may be appointed from lists of qualified persons submitted by interested conservation groups including, but not limited to, the Tennessee conservation league;
(iii) One (1) member shall represent counties and may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association;
(iv) One (1) member shall represent agricultural interests and may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau;
(v) One (1) member shall represent the municipalities of the state and may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League;
(vi) One (1) member shall represent small generators of water pollution and may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, the Tennessee Automotive Association;
(vii) One (1) member shall represent manufacturing industries and have current full-time employment with a manufacturing concern in Tennessee, shall hold a college degree in engineering or the equivalent, and shall have at least eight (8) years of combined technical training and experience in national pollutant discharge elimination system (NPDES) permit compliance and management of wastewater or water treatment facilities, and may be appointed from lists of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry;
(viii) One (1) member shall represent the oil and gas industry; and
(ix) One (1) member shall represent oil or gas property owners.
(B) The governor shall consult with the interested groups described in subdivision (a)(4)(A) to determine qualified persons to fill the citizen member positions on the board.
(5) Each appointive member shall be a resident and domiciliary of this state.
(6) No member shall be appointed, unless at the time of the member's appointment, the member or the member's employer is in compliance with this part as certified by the commissioner.
(7) The three (3) ex officio members shall hold their positions on the board throughout their respective terms and until the appointment of their successors as such.
(8) All appointments of citizen members shall be for a full four-year term.
(9) Any appointive member who is absent from three (3) consecutive, regularly scheduled meetings shall be removed from the board by the governor.
(10) Upon the death, resignation, or removal of any appointive member, the governor shall appoint some person representing the same area of interest as the member whose position has been vacated to fill the unexpired term of such member.
(11) Appointive members shall continue to serve until a successor has been appointed.
(12) In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority.
(13) (A) Notwithstanding subdivision (a)(8), the terms of the appointive members of the board serving on July 1, 2014, shall terminate as follows: (i) The terms of the members appointed under subdivisions (a)(4)(A)(i) and (ii) shall terminate on September 30, 2016; (ii) The terms of the members appointed under subdivisions (a)(4)(A)(iii) and (iv) shall terminate on September 30, 2017; (iii) The terms of the members appointed under subdivisions (a)(4)(A)(v) and (vi) shall terminate on September 30, 2018; and (iv) The terms of the members appointed under subdivisions (a)(4)(A)(vii), (viii) and (ix) shall terminate on September 30, 2019. (B) The terms of all members appointed for terms beginning after September 30, 2016, shall be for four (4) years.
(A) Notwithstanding subdivision (a)(8), the terms of the appointive members of the board serving on July 1, 2014, shall terminate as follows: (i) The terms of the members appointed under subdivisions (a)(4)(A)(i) and (ii) shall terminate on September 30, 2016; (ii) The terms of the members appointed under subdivisions (a)(4)(A)(iii) and (iv) shall terminate on September 30, 2017; (iii) The terms of the members appointed under subdivisions (a)(4)(A)(v) and (vi) shall terminate on September 30, 2018; and (iv) The terms of the members appointed under subdivisions (a)(4)(A)(vii), (viii) and (ix) shall terminate on September 30, 2019.
(i) The terms of the members appointed under subdivisions (a)(4)(A)(i) and (ii) shall terminate on September 30, 2016;
(ii) The terms of the members appointed under subdivisions (a)(4)(A)(iii) and (iv) shall terminate on September 30, 2017;
(iii) The terms of the members appointed under subdivisions (a)(4)(A)(v) and (vi) shall terminate on September 30, 2018; and
(iv) The terms of the members appointed under subdivisions (a)(4)(A)(vii), (viii) and (ix) shall terminate on September 30, 2019.
(B) The terms of all members appointed for terms beginning after September 30, 2016, shall be for four (4) years.
(b) (1) The state shall ensure that those members of the board who do not receive, or during the previous two (2) years have not received, a significant portion of their income directly or indirectly from permit holders or applicants for a permit shall hear all appeals on permit matters. If the chair is not eligible to hear any permit matter, the members of the board shall select a member by majority vote to serve as chair. An ex officio member of the board who is not eligible to hear a permit matter shall designate a representative to serve on the board for that purpose in accordance with subsection (a). Board member participation in permit matters shall also be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in addition to the provisions set forth in subdivisions (b)(2)-(6) and subsection (h). (2) For the purposes of this section, "significant portion of their income" means ten percent (10%) of gross personal income for a calendar year, except that it means fifty percent (50%) of gross personal income for a calendar year if the recipient is over sixty (60) years of age and is receiving such portion pursuant to retirement, pension, or similar arrangement. (3) For the purposes of this section, "permit holders or applicants for a permit" does not include any department or agency of the state. (4) For the purposes of this section, "income" includes retirement benefits, consultant fees, and stock dividends. (5) For the purposes of this section, income is not received "directly or indirectly from permit holders or applicants for a permit" where it is derived from mutual fund payments, or from other diversified investments over which the recipient does not know the identity of the primary sources of income. If members other than the ex officio members are not qualified, then the seven (7) citizen members who are not ex officio members shall select, by agreement, qualified temporary replacements to serve for the duration of any proceeding before the board. (6) For the purposes of this subsection (b), "permit" means national pollutant discharge elimination system (NPDES) permit.
(1) The state shall ensure that those members of the board who do not receive, or during the previous two (2) years have not received, a significant portion of their income directly or indirectly from permit holders or applicants for a permit shall hear all appeals on permit matters. If the chair is not eligible to hear any permit matter, the members of the board shall select a member by majority vote to serve as chair. An ex officio member of the board who is not eligible to hear a permit matter shall designate a representative to serve on the board for that purpose in accordance with subsection (a). Board member participation in permit matters shall also be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in addition to the provisions set forth in subdivisions (b)(2)-(6) and subsection (h).
(2) For the purposes of this section, "significant portion of their income" means ten percent (10%) of gross personal income for a calendar year, except that it means fifty percent (50%) of gross personal income for a calendar year if the recipient is over sixty (60) years of age and is receiving such portion pursuant to retirement, pension, or similar arrangement.
(3) For the purposes of this section, "permit holders or applicants for a permit" does not include any department or agency of the state.
(4) For the purposes of this section, "income" includes retirement benefits, consultant fees, and stock dividends.
(5) For the purposes of this section, income is not received "directly or indirectly from permit holders or applicants for a permit" where it is derived from mutual fund payments, or from other diversified investments over which the recipient does not know the identity of the primary sources of income. If members other than the ex officio members are not qualified, then the seven (7) citizen members who are not ex officio members shall select, by agreement, qualified temporary replacements to serve for the duration of any proceeding before the board.
(6) For the purposes of this subsection (b), "permit" means national pollutant discharge elimination system (NPDES) permit.
(c) Each member of the board, other than the ex officio member, shall be entitled to be paid fifty dollars ($50.00) for each day actually and necessarily employed in the discharge of official duties, and each member shall be entitled to receive the amount of such member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses shall be made in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(d) The board shall have two (2) regularly scheduled meetings each year, one (1) in October and one (1) in April. Special meetings may be called by the chair at any time and shall be called as soon as possible by the chair on the written request of two (2) members. Regular meetings of the panel shall be held as necessary to review permit matters. All members shall be duly notified by the technical secretary of the time and place of any regular or special meeting at least five (5) days in advance of such meeting. The majority of the board constitutes a quorum and the concurrence of a majority of those present and voting in any matter within its duties shall be required for a determination of matters within its jurisdiction.
(e) The board shall keep complete and accurate records of the proceedings of all their meetings, a copy of which shall be kept on file in the office of the director and open to public inspection.
(f) The director shall serve as the technical secretary of the board. In that capacity, the member shall report the proceedings of the board pursuant to § 69-3-110 and perform such other duties as the board may require.
(g) (1) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and of providing sufficient information for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board shall report to the house of representatives and senate government operations committees why such vacancies have not been filled. (2) If more than one-half (½) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate, provided that such board shall wind up its affairs pursuant to § 4-29-112 . If the board is terminated pursuant to this subdivision (g)(2), it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or reestablishing the board.
(1) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and of providing sufficient information for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board shall report to the house of representatives and senate government operations committees why such vacancies have not been filled.
(2) If more than one-half (½) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate, provided that such board shall wind up its affairs pursuant to § 4-29-112 . If the board is terminated pursuant to this subdivision (g)(2), it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or reestablishing the board.
(h) No member of the board shall participate in making any decision upon a permit or upon a case in which the municipality, firm or organization which the member represents, or by which the member is employed, or in which the member has a direct substantial financial interest, is involved.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Amended by 2014 Tenn. Acts, ch. 624, Secs.s 7, s 8eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 624, s 3, eff. 7/1/2014.
Acts 1971, ch. 164, § 4; 1971, ch. 386, § 1; 1972, ch. 631, § 1; 1976, ch. 806, § 1(125); 1977, ch. 366, § 1; 1979, ch. 422, § 18; T.C.A., § 70-327; Acts 1984, ch. 804, § 2; 1988, ch. 1013, § 72; 1991, ch. 117, § 4; 1992, ch. 693, § 3; 1994, ch. 610, §§6, 7, 8; 1994, ch. 628, §§ 3-6; 1995, ch. 155, § 1; 1996, ch. 728, §§ 4-8; 2000, ch. 835, § 6; 2005, ch. 85, §§1 - 4; 2012 , ch. 986, §§ 26-28.
Tenn. Code Ann. § 69-6-142 — TN Code / Title 69 / Chapter 6 / Section 69-6-142
Annual financial review
Status: in_force

(a) The board of directors of each district shall cause an annual financial review of the district's receipts, disbursements, and balances to be made of the books and records of the district. The department of agriculture shall be responsible for determining that the annual financial reviews are made in accordance with procedures prescribed by the department of agriculture. (b) The annual financial reviews shall be made by representatives appointed by the district's board of directors. If the governing body of the district fails or refuses to have the annual financial review made, then the department of agriculture may appoint a certified public accountant, or direct its department to make the annual financial review, the cost of such review to be paid by the district. (c) The comptroller of the treasury may require an audit or investigation of a district if the comptroller believes it is necessary to ascertain or correct errors, irregularities, or defaults in the management and disbursement of funds controlled by the district, to be conducted by the department of audit or a certified public accountant approved by the comptroller; provided, that the comptroller or certified public accountant may also charge the district for such an audit. (d) Each district shall prepare and submit a report regarding the annual financial review of its business affairs and transactions to the department of agriculture, the Tennessee soil and water conservation commission, and the comptroller of the treasury. Amended by 2021 Tenn. Acts, ch. 203, s 33, eff. 4/22/2021. Amended by 2014 Tenn. Acts, ch. 489, s 1, eff. 2/19/2014. Acts 1955, ch. 112, § 27; T.C.A., § 70-1842; Acts 1984, ch. 794, § 14; 1993, ch. 271, §1; T.C.A. §69-7-142; Acts 2012 , ch. 573, § 1.
(a) The board of directors of each district shall cause an annual financial review of the district's receipts, disbursements, and balances to be made of the books and records of the district. The department of agriculture shall be responsible for determining that the annual financial reviews are made in accordance with procedures prescribed by the department of agriculture.
(b) The annual financial reviews shall be made by representatives appointed by the district's board of directors. If the governing body of the district fails or refuses to have the annual financial review made, then the department of agriculture may appoint a certified public accountant, or direct its department to make the annual financial review, the cost of such review to be paid by the district.
(c) The comptroller of the treasury may require an audit or investigation of a district if the comptroller believes it is necessary to ascertain or correct errors, irregularities, or defaults in the management and disbursement of funds controlled by the district, to be conducted by the department of audit or a certified public accountant approved by the comptroller; provided, that the comptroller or certified public accountant may also charge the district for such an audit.
(d) Each district shall prepare and submit a report regarding the annual financial review of its business affairs and transactions to the department of agriculture, the Tennessee soil and water conservation commission, and the comptroller of the treasury.
Amended by 2021 Tenn. Acts, ch. 203, s 33, eff. 4/22/2021.
Amended by 2014 Tenn. Acts, ch. 489, s 1, eff. 2/19/2014.
Acts 1955, ch. 112, § 27; T.C.A., § 70-1842; Acts 1984, ch. 794, § 14; 1993, ch. 271, §1; T.C.A. §69-7-142; Acts 2012 , ch. 573, § 1.
Tenn. Code Ann. § 69-6-101 — TN Code / Title 69 / Chapter 6 / Section 69-6-101
Short title
Status: in_force

This chapter shall be known as the "Watershed District Act of 1955." Acts 1955, ch. 112, § 1; T.C.A., § 70-1801; T.C.A. § 69-7-101 .
This chapter shall be known as the "Watershed District Act of 1955."
Acts 1955, ch. 112, § 1; T.C.A., § 70-1801; T.C.A. § 69-7-101 .
Tenn. Code Ann. § 69-5-804 — TN Code / Title 69 / Chapter 5 / Section 69-5-804
Fund to be paid out under orders
Status: in_force

The amount collected by the trustee shall be paid to the county clerk, upon the order or warrant of the county mayor; and when it has been so paid, the clerk will pay out the amount to the parties entitled, under the order of the county court. Acts 1915, ch. 63, §2; Shan., § 3871a66; mod. Code 1932, §4294; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1304; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-804.
The amount collected by the trustee shall be paid to the county clerk, upon the order or warrant of the county mayor; and when it has been so paid, the clerk will pay out the amount to the parties entitled, under the order of the county court.
Acts 1915, ch. 63, §2; Shan., § 3871a66; mod. Code 1932, §4294; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1304; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-804.
Tenn. Code Ann. § 69-6-127 — TN Code / Title 69 / Chapter 6 / Section 69-6-127
District by mutual agreement
Status: in_force

The landowners may provide for the establishment of a watershed district upon their own lands and at their own expense by mutual agreement in writing duly signed, acknowledged and filed with the county clerk. Acts 1955, ch. 112, § 19; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §70-1827; T.C.A. § 69-7-127.
The landowners may provide for the establishment of a watershed district upon their own lands and at their own expense by mutual agreement in writing duly signed, acknowledged and filed with the county clerk.
Acts 1955, ch. 112, § 19; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §70-1827; T.C.A. § 69-7-127.