Tenn. Code Ann. § 68-212-401 — TN Code / Title 68 / Chapter 212 / Section 68-212-401
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Active participation in the management" or "participation in the management" or "participate in the management" means actual participation in the management or operational affairs by the holder of the security interest and does not include the mere capacity, or ability to influence, or the unexercised right to control a site, vessel or facility operations. (A) A holder of a security interest is considered to be an active participant in the management, while the borrower is still in possession, only if the holder either: (i) Exercises decision-making control over the borrower's environmental compliance, such that the holder has undertaken responsibility for the borrower's disposal or hazardous substance handling practices; or (ii) Exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing day-to-day decision making of the enterprise with respect to: (a) Environmental compliance; or (b) All, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise other than environmental compliance. Operational aspects of the enterprise include functions such as that of facility or plant manager, operations manager, chief operating officer, or chief executive officer. Financial or administrative aspects include functions such as that of credit manager, accounts payable or receivable manager, or both, personnel manager, controller, chief financial officer, or similar functions. (B) No act or admission by a prospective lender prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management. A prospective holder who undertakes or requires an environmental inspection of the site, vessel or facility in which indicia of ownership are to be held, or requires a prospective borrower to clean up a site, vessel or facility or to comply or come into compliance (whether prior or subsequent to the time that indicia of ownership are held primarily to protect a security interest) with any applicable law or regulation, is not by such action considered to be participating in the site's, vessel's or facility's management; provided, that a holder shall not be required to conduct or require an inspection to qualify for the protection for holders granted pursuant to this chapter, and the liability of a holder shall not be based on or affected by the holder not conducting or not requiring an inspection. (C) Actions that are consistent with holding indicia of ownership primarily to protect a security interest do not constitute participation in management for the purposes of this chapter. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental, and other warranties, covenants, conditions, representations or promises from the borrower. Loan policing and work out activities cover and include all activities up to foreclosure and its equivalents. A holder who engages in: (i) Policing activities prior to foreclosure shall remain within the exemption; provided, that the holder does not by such actions participate in the management of the site, vessel or facility. Such actions include, but are not limited to, requiring the borrower to clean up the site, vessel or facility during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the site, vessel or facility (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial conditions during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower); and (ii) Work out activities prior to foreclosure and its equivalents shall remain within the exemption; provided, that the holder does not by such action participate in the management of the site, vessel or facility. For purposes of this part, "work out" refers to those actions by which a holder, at any time prior to foreclosure and its equivalents, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or preserve or prevent the diminution of the value of the security. "Work out" activities, include, but are not limited to: restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower. (D) A holder does not participate in the management of a site, vessel or facility by making any response to or performing any response action or undertaking any clean up or removal or similar actions under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. § 9601 et seq.) or any other local, state or federal environmental laws or regulations; (2) "Borrower," "debtor," or "obligor" is a person whose site, vessel or facility is encumbered by a security interest. These terms are used interchangeably; (3) "Date of foreclosure" means the date on which the holder obtains legal or equitable title or possession to the site, vessel or facility pursuant to or incident to foreclosure; (4) "Department" means the department of environment and conservation; (5) "Facility" means: (A) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (B) Any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; (6) "Fair consideration" means the value of the security interest when calculated as an amount equal to or in excess of the sum of the outstanding principal (or comparable amount in the case of a lease that constitutes a security interest) owed to the holder immediately preceding the acquisition of full title (or possession in the case of property subject to a lease financing transaction) pursuant to foreclosure and its equivalents, plus any unpaid interest, rent or penalties (whether arising before or after foreclosure and its equivalents), plus all reasonable and necessary costs, fees, or other charges incurred by the holder incident to work out, foreclosure and its equivalents, retention, maintaining the business activities of the enterprise, preserving, protecting and preparing the site, vessel or facility prior to sale, re-lease of property held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee) or other disposition, plus response costs incurred under applicable federal, state or local environmental cleanup laws or regulations, or at the direction of an on-scene coordinator, less any amounts received by the holder in connection with a partial disposition of the property, net revenues received as a result of maintaining the business activities of the enterprise, and any amounts paid by the borrower subsequent to the acquisition of full title (or possession in the case of properties subject to lease financing transactions) pursuant to foreclosure and its equivalents. In the case of a holder maintaining an indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests plus the value of the security interest held by the junior holder, each calculated as set forth in this definition; (7) "Foreclosure" or "foreclosure and its equivalents" means purchase at foreclosure sale, acquisition or assignment of title in lieu of foreclosure, termination of a lease or other repossession, acquisition of a right to title or possession, an agreement in satisfaction of the obligation, or any other formal or informal manner (whether pursuant to law or under warranties, covenants, conditions, representations or promises from the borrower) by which the holder acquires title to or possession of the secured property; (8) "Holder" is a person who maintains indicia of ownership primarily to protect a security interest. A holder includes the initial holder or purchaser (such as a loan originator), any subsequent holder (such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market), any subsequent assignee, transferee or purchaser from a holder, a guarantor of an obligation, surety, or any other person who holds ownership indicia primarily to protect a security interest, or a receiver or other person who acts on behalf of or for the benefit of a holder; (9) "Indicia of ownership" means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including any legal or equitable title to real or personal property acquired incident to foreclosure and its equivalents. Evidence of such interests include, but are not limited to, mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (herein "lease financing transaction"), legal or equitable title obtained pursuant to foreclosure, and their equivalents. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain indicia of ownership; (10) "Primarily to protect a security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation, but does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as a protection of a security interest. A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reason why ownership indicia are held shall be for protection of a security interest; (11) "Security interest" means an interest in a site, vessel or facility created or established for the purpose of securing a loan or other obligation. Security interests include, but are not limited to, mortgages, deeds of trust, liens, and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, inventory and/or other personal property financing arrangements and consignments, if the transaction creates or establishes an interest in a site, vessel or facility for the purpose of securing a loan or other obligation; and (12) "Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. Acts 1995, ch. 375, § 4.
As used in this chapter, unless the context otherwise requires:
(1) "Active participation in the management" or "participation in the management" or "participate in the management" means actual participation in the management or operational affairs by the holder of the security interest and does not include the mere capacity, or ability to influence, or the unexercised right to control a site, vessel or facility operations. (A) A holder of a security interest is considered to be an active participant in the management, while the borrower is still in possession, only if the holder either: (i) Exercises decision-making control over the borrower's environmental compliance, such that the holder has undertaken responsibility for the borrower's disposal or hazardous substance handling practices; or (ii) Exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing day-to-day decision making of the enterprise with respect to: (a) Environmental compliance; or (b) All, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise other than environmental compliance. Operational aspects of the enterprise include functions such as that of facility or plant manager, operations manager, chief operating officer, or chief executive officer. Financial or administrative aspects include functions such as that of credit manager, accounts payable or receivable manager, or both, personnel manager, controller, chief financial officer, or similar functions. (B) No act or admission by a prospective lender prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management. A prospective holder who undertakes or requires an environmental inspection of the site, vessel or facility in which indicia of ownership are to be held, or requires a prospective borrower to clean up a site, vessel or facility or to comply or come into compliance (whether prior or subsequent to the time that indicia of ownership are held primarily to protect a security interest) with any applicable law or regulation, is not by such action considered to be participating in the site's, vessel's or facility's management; provided, that a holder shall not be required to conduct or require an inspection to qualify for the protection for holders granted pursuant to this chapter, and the liability of a holder shall not be based on or affected by the holder not conducting or not requiring an inspection. (C) Actions that are consistent with holding indicia of ownership primarily to protect a security interest do not constitute participation in management for the purposes of this chapter. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental, and other warranties, covenants, conditions, representations or promises from the borrower. Loan policing and work out activities cover and include all activities up to foreclosure and its equivalents. A holder who engages in: (i) Policing activities prior to foreclosure shall remain within the exemption; provided, that the holder does not by such actions participate in the management of the site, vessel or facility. Such actions include, but are not limited to, requiring the borrower to clean up the site, vessel or facility during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the site, vessel or facility (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial conditions during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower); and (ii) Work out activities prior to foreclosure and its equivalents shall remain within the exemption; provided, that the holder does not by such action participate in the management of the site, vessel or facility. For purposes of this part, "work out" refers to those actions by which a holder, at any time prior to foreclosure and its equivalents, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or preserve or prevent the diminution of the value of the security. "Work out" activities, include, but are not limited to: restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower. (D) A holder does not participate in the management of a site, vessel or facility by making any response to or performing any response action or undertaking any clean up or removal or similar actions under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. § 9601 et seq.) or any other local, state or federal environmental laws or regulations;
(A) A holder of a security interest is considered to be an active participant in the management, while the borrower is still in possession, only if the holder either: (i) Exercises decision-making control over the borrower's environmental compliance, such that the holder has undertaken responsibility for the borrower's disposal or hazardous substance handling practices; or (ii) Exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing day-to-day decision making of the enterprise with respect to: (a) Environmental compliance; or (b) All, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise other than environmental compliance. Operational aspects of the enterprise include functions such as that of facility or plant manager, operations manager, chief operating officer, or chief executive officer. Financial or administrative aspects include functions such as that of credit manager, accounts payable or receivable manager, or both, personnel manager, controller, chief financial officer, or similar functions.
(i) Exercises decision-making control over the borrower's environmental compliance, such that the holder has undertaken responsibility for the borrower's disposal or hazardous substance handling practices; or
(ii) Exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing day-to-day decision making of the enterprise with respect to: (a) Environmental compliance; or (b) All, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise other than environmental compliance. Operational aspects of the enterprise include functions such as that of facility or plant manager, operations manager, chief operating officer, or chief executive officer. Financial or administrative aspects include functions such as that of credit manager, accounts payable or receivable manager, or both, personnel manager, controller, chief financial officer, or similar functions.
(a) Environmental compliance; or
(b) All, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise other than environmental compliance. Operational aspects of the enterprise include functions such as that of facility or plant manager, operations manager, chief operating officer, or chief executive officer. Financial or administrative aspects include functions such as that of credit manager, accounts payable or receivable manager, or both, personnel manager, controller, chief financial officer, or similar functions.
(B) No act or admission by a prospective lender prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management. A prospective holder who undertakes or requires an environmental inspection of the site, vessel or facility in which indicia of ownership are to be held, or requires a prospective borrower to clean up a site, vessel or facility or to comply or come into compliance (whether prior or subsequent to the time that indicia of ownership are held primarily to protect a security interest) with any applicable law or regulation, is not by such action considered to be participating in the site's, vessel's or facility's management; provided, that a holder shall not be required to conduct or require an inspection to qualify for the protection for holders granted pursuant to this chapter, and the liability of a holder shall not be based on or affected by the holder not conducting or not requiring an inspection.
(C) Actions that are consistent with holding indicia of ownership primarily to protect a security interest do not constitute participation in management for the purposes of this chapter. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental, and other warranties, covenants, conditions, representations or promises from the borrower. Loan policing and work out activities cover and include all activities up to foreclosure and its equivalents. A holder who engages in: (i) Policing activities prior to foreclosure shall remain within the exemption; provided, that the holder does not by such actions participate in the management of the site, vessel or facility. Such actions include, but are not limited to, requiring the borrower to clean up the site, vessel or facility during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the site, vessel or facility (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial conditions during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower); and (ii) Work out activities prior to foreclosure and its equivalents shall remain within the exemption; provided, that the holder does not by such action participate in the management of the site, vessel or facility. For purposes of this part, "work out" refers to those actions by which a holder, at any time prior to foreclosure and its equivalents, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or preserve or prevent the diminution of the value of the security. "Work out" activities, include, but are not limited to: restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower.
(i) Policing activities prior to foreclosure shall remain within the exemption; provided, that the holder does not by such actions participate in the management of the site, vessel or facility. Such actions include, but are not limited to, requiring the borrower to clean up the site, vessel or facility during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the site, vessel or facility (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial conditions during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower); and
(ii) Work out activities prior to foreclosure and its equivalents shall remain within the exemption; provided, that the holder does not by such action participate in the management of the site, vessel or facility. For purposes of this part, "work out" refers to those actions by which a holder, at any time prior to foreclosure and its equivalents, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or preserve or prevent the diminution of the value of the security. "Work out" activities, include, but are not limited to: restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower.
(D) A holder does not participate in the management of a site, vessel or facility by making any response to or performing any response action or undertaking any clean up or removal or similar actions under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. § 9601 et seq.) or any other local, state or federal environmental laws or regulations;
(2) "Borrower," "debtor," or "obligor" is a person whose site, vessel or facility is encumbered by a security interest. These terms are used interchangeably;
(3) "Date of foreclosure" means the date on which the holder obtains legal or equitable title or possession to the site, vessel or facility pursuant to or incident to foreclosure;
(4) "Department" means the department of environment and conservation;
(5) "Facility" means: (A) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (B) Any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located;
(A) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
(B) Any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located;
(6) "Fair consideration" means the value of the security interest when calculated as an amount equal to or in excess of the sum of the outstanding principal (or comparable amount in the case of a lease that constitutes a security interest) owed to the holder immediately preceding the acquisition of full title (or possession in the case of property subject to a lease financing transaction) pursuant to foreclosure and its equivalents, plus any unpaid interest, rent or penalties (whether arising before or after foreclosure and its equivalents), plus all reasonable and necessary costs, fees, or other charges incurred by the holder incident to work out, foreclosure and its equivalents, retention, maintaining the business activities of the enterprise, preserving, protecting and preparing the site, vessel or facility prior to sale, re-lease of property held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee) or other disposition, plus response costs incurred under applicable federal, state or local environmental cleanup laws or regulations, or at the direction of an on-scene coordinator, less any amounts received by the holder in connection with a partial disposition of the property, net revenues received as a result of maintaining the business activities of the enterprise, and any amounts paid by the borrower subsequent to the acquisition of full title (or possession in the case of properties subject to lease financing transactions) pursuant to foreclosure and its equivalents. In the case of a holder maintaining an indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests plus the value of the security interest held by the junior holder, each calculated as set forth in this definition;
(7) "Foreclosure" or "foreclosure and its equivalents" means purchase at foreclosure sale, acquisition or assignment of title in lieu of foreclosure, termination of a lease or other repossession, acquisition of a right to title or possession, an agreement in satisfaction of the obligation, or any other formal or informal manner (whether pursuant to law or under warranties, covenants, conditions, representations or promises from the borrower) by which the holder acquires title to or possession of the secured property;
(8) "Holder" is a person who maintains indicia of ownership primarily to protect a security interest. A holder includes the initial holder or purchaser (such as a loan originator), any subsequent holder (such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market), any subsequent assignee, transferee or purchaser from a holder, a guarantor of an obligation, surety, or any other person who holds ownership indicia primarily to protect a security interest, or a receiver or other person who acts on behalf of or for the benefit of a holder;
(9) "Indicia of ownership" means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including any legal or equitable title to real or personal property acquired incident to foreclosure and its equivalents. Evidence of such interests include, but are not limited to, mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (herein "lease financing transaction"), legal or equitable title obtained pursuant to foreclosure, and their equivalents. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain indicia of ownership;
(10) "Primarily to protect a security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation, but does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as a protection of a security interest. A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reason why ownership indicia are held shall be for protection of a security interest;
(11) "Security interest" means an interest in a site, vessel or facility created or established for the purpose of securing a loan or other obligation. Security interests include, but are not limited to, mortgages, deeds of trust, liens, and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, inventory and/or other personal property financing arrangements and consignments, if the transaction creates or establishes an interest in a site, vessel or facility for the purpose of securing a loan or other obligation; and
(12) "Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
Acts 1995, ch. 375, § 4.
Tenn. Code Ann. § 68-212-212 — TN Code / Title 68 / Chapter 212 / Section 68-212-212
Annual reports - Public hearings - Toll-free number - Notice to register of deeds regarding sites, containment and cleanup
Status: in_force

(a) No later than January 1 of every year, the commissioner shall submit to the speakers of both houses of the general assembly and to the state library and archives a report documenting the expenditure of all funds expended from the hazardous waste remedial action fund during the previous fiscal year. (b) The department shall conduct a public hearing in each grand division annually to receive comments from the public regarding expenditures from the hazardous waste remedial action fund. (c) The department shall maintain a toll-free number which may be utilized by citizens living anywhere in the state to report to the commissioner any problems caused by hazardous substances. (d) The commissioner shall notify the register of deeds in each county in which property has been placed on the list of inactive hazardous substance sites. The register shall record a notice that the property has been so listed. If the commissioner later determines that no further investigation, containment or cleanup is indicated at a listed site, the commissioner shall file a statement of this determination in the office of the register of deeds of the county in which the property lies. Upon receipt of any such statement, the register shall record the same. If containment or cleanup of hazardous substances occurs on a listed site, the commissioner shall notify the register of deeds of such containment and cleanup and the register shall record the same. Amended by 2020 Tenn. Acts, ch. 593, Secs.s 4, s 5 eff. 3/20/2020. Acts 1983, ch. 423, § 12; 1986, ch. 644, § 17; 1988, ch. 559, § 5; T.C.A., § 68-46-212.
(a) No later than January 1 of every year, the commissioner shall submit to the speakers of both houses of the general assembly and to the state library and archives a report documenting the expenditure of all funds expended from the hazardous waste remedial action fund during the previous fiscal year.
(b) The department shall conduct a public hearing in each grand division annually to receive comments from the public regarding expenditures from the hazardous waste remedial action fund.
(c) The department shall maintain a toll-free number which may be utilized by citizens living anywhere in the state to report to the commissioner any problems caused by hazardous substances.
(d) The commissioner shall notify the register of deeds in each county in which property has been placed on the list of inactive hazardous substance sites. The register shall record a notice that the property has been so listed. If the commissioner later determines that no further investigation, containment or cleanup is indicated at a listed site, the commissioner shall file a statement of this determination in the office of the register of deeds of the county in which the property lies. Upon receipt of any such statement, the register shall record the same. If containment or cleanup of hazardous substances occurs on a listed site, the commissioner shall notify the register of deeds of such containment and cleanup and the register shall record the same.
Amended by 2020 Tenn. Acts, ch. 593, Secs.s 4, s 5 eff. 3/20/2020.
Acts 1983, ch. 423, § 12; 1986, ch. 644, § 17; 1988, ch. 559, § 5; T.C.A., § 68-46-212.
Tenn. Code Ann. § 68-211-1003 — TN Code / Title 68 / Chapter 211 / Section 68-211-1003
Legislative intent and purpose
Status: in_force

(a) It is the intent of the general assembly to reduce the amount of improperly disposed used oil and other automotive fluids by providing incentives to increase the number of collection facilities for used oil and other automotive fluids. (b) It is the purpose of this part to provide for: (1) The establishment and maintenance of automotive fluid collection centers and programs that support the collection and recycling of used oil and other automotive fluids; (2) The development of management standards for automotive fluid collection centers and used oil collection centers, transporters, and recyclers; and (3) The promotion of educational programs to encourage the public to dispose of used oil and other automotive fluids properly. Amended by 2016 Tenn. Acts, ch. 771,s 5, eff. 7/1/2016. Acts 1993, ch. 185, § 4.
(a) It is the intent of the general assembly to reduce the amount of improperly disposed used oil and other automotive fluids by providing incentives to increase the number of collection facilities for used oil and other automotive fluids.
(b) It is the purpose of this part to provide for: (1) The establishment and maintenance of automotive fluid collection centers and programs that support the collection and recycling of used oil and other automotive fluids; (2) The development of management standards for automotive fluid collection centers and used oil collection centers, transporters, and recyclers; and (3) The promotion of educational programs to encourage the public to dispose of used oil and other automotive fluids properly.
(1) The establishment and maintenance of automotive fluid collection centers and programs that support the collection and recycling of used oil and other automotive fluids;
(2) The development of management standards for automotive fluid collection centers and used oil collection centers, transporters, and recyclers; and
(3) The promotion of educational programs to encourage the public to dispose of used oil and other automotive fluids properly.
Amended by 2016 Tenn. Acts, ch. 771,s 5, eff. 7/1/2016.
Acts 1993, ch. 185, § 4.
Tenn. Code Ann. § 68-211-501 — TN Code / Title 68 / Chapter 211 / Section 68-211-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement, or extension of energy recovery and/or energy recovery facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision of the construction of such facilities; (2) "Energy recovery facility" means a facility for the recovery of energy or energy producing materials from the controlled processing of solid waste and the production of energy from such solid waste and other materials, including coal, for a heating and cooling system and/or for the production of electricity and process steam; (3) "Municipal corporation" or "municipality" means any county, incorporated town or city, metropolitan government, or special district of this state, empowered to provide solid waste disposal services, or any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of such local governments; provided, that the jurisdiction, control and management of any facility as authorized herein may be delegated by the municipality to any of its appropriate agencies or divisions; (4) "Resource recovery facility" means a facility for the systematic separation and recovery of recyclable materials from solid waste and a processing of solid waste, sewage sludge, and other solids for fuel mixtures or fuel supplements; and (5) "Solid waste" means garbage, refuse, including, without limitations, recyclable materials when they become discarded, and other discarded solid waste materials, including waste materials of a solid nature resulting from industrial, commercial, and agricultural operations, and from community activities. Acts 1974, ch. 787, § 1; 1975, ch. 158, § 1; T.C.A., § 53-4338; Acts 1983, ch. 226, § 5; 1987, ch. 250, § 10; T.C.A., § 68-31-501.
As used in this part, unless the context otherwise requires:
(1) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement, or extension of energy recovery and/or energy recovery facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision of the construction of such facilities;
(2) "Energy recovery facility" means a facility for the recovery of energy or energy producing materials from the controlled processing of solid waste and the production of energy from such solid waste and other materials, including coal, for a heating and cooling system and/or for the production of electricity and process steam;
(3) "Municipal corporation" or "municipality" means any county, incorporated town or city, metropolitan government, or special district of this state, empowered to provide solid waste disposal services, or any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of such local governments; provided, that the jurisdiction, control and management of any facility as authorized herein may be delegated by the municipality to any of its appropriate agencies or divisions;
(4) "Resource recovery facility" means a facility for the systematic separation and recovery of recyclable materials from solid waste and a processing of solid waste, sewage sludge, and other solids for fuel mixtures or fuel supplements; and
(5) "Solid waste" means garbage, refuse, including, without limitations, recyclable materials when they become discarded, and other discarded solid waste materials, including waste materials of a solid nature resulting from industrial, commercial, and agricultural operations, and from community activities.
Acts 1974, ch. 787, § 1; 1975, ch. 158, § 1; T.C.A., § 53-4338; Acts 1983, ch. 226, § 5; 1987, ch. 250, § 10; T.C.A., § 68-31-501.
Tenn. Code Ann. § 68-212-202 — TN Code / Title 68 / Chapter 212 / Section 68-212-202
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Brownfield project" means the screening, investigation, monitoring, control and/or remediation of any abandoned, idled, under-utilized, or other property whose re-use, growth, enhancement or redevelopment is complicated by real or perceived adverse environmental conditions. Brownfield projects may address sites contaminated by hazardous substances, solid waste, or any other pollutant; (2) "Hazardous substance" is as defined in § 101 of Public Law 96-510 ( 42 U.S.C. § 9601 ); (3) "Hazardous substance site" means any site or area where hazardous substance disposal has occurred; and (4) "Liable party" means: (A) The owner or operator of an inactive hazardous substance site; (B) Any person who at the time of disposal was the owner or operator of an inactive hazardous substance site; (C) Any generator of hazardous substance who at the time of disposal caused such substance to be disposed of at an inactive hazardous substance site; or (D) Any transporter of hazardous substance which is disposed of at an inactive hazardous substance site who, at the time of disposal, selected the site of disposal of such substance; (E) (i) "Liable party" does not include a unit of state or local government which becomes an owner or operator of an inactive hazardous substance site by acquiring ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign, unless such governmental entity has caused or contributed to the release or threatened release of a hazardous substance from the facility; (ii) "Liable party," as provided for in part 4 of this chapter, does not include a person who, without participating in the management of the hazardous substance site, holds indicia of ownership primarily to protect a security interest in the site; (iii) "Liable party" does not include a person who is excluded from liability under the Superfund Recycling Equity Act ( 42 U.S.C. § 9627 ); (iv) This subdivision (a)(4)(E) shall apply to any site currently listed or listed at any time in the future as a superfund site through rules promulgated by the board, unless liability has otherwise been established through administrative or judicial action; and (F) (i) As used in this subdivision (a)(4), "owner or operator" does not include a person who establishes, by a preponderance of the evidence, that: (a) Such person acquired the title to the hazardous substance site after the disposal or placement of the hazardous substance on, in, or at the site; (b) At the time the person acquired title to the hazardous substance site, such person did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the site; and (c) The person exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances; (ii) To establish that such person had no reason to know, as provided in subdivision (a)(4)(F)(i), the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For the purpose of the preceding sentence, the court, presiding authority, or the department of environment and conservation shall take into account any specialized knowledge or experience on the part of such person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or a likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection. The good faith performance of a Transaction Screen Process in material compliance with the version of the ASTM Practice E 1528 in effect at the time of the acquisition, or any successive replacement standard, or a Phase I Environmental Site Assessment in substantial and material compliance with the version of the ASTM E-1527 Guideline for Environmental Site Assessments in effect at the time of acquisition, or any successive replacement standard (collectively the "Assessment Standard"), that appropriately concludes that no further investigation is required, shall create a presumption that the person ordering or authorized to use the Transaction Screen Process or the Phase I Environmental Site Assessment has conducted "all appropriate inquiry" under this subdivision (a)(4). (b) All other terms used in this part are defined as such terms are defined in § 68-212-104 . Amended by 2016 Tenn. Acts, ch. 985, s 1, eff. 4/27/2016. Acts 1983, ch. 423, § 2; 1991, ch. 169, §§ 1, 2; T.C.A., § 68-46-202; Acts 1994, ch. 890, § 3; 1995, ch. 375, §§ 1, 2; 2001, ch. 449, § 1.
(a) As used in this part, unless the context otherwise requires: (1) "Brownfield project" means the screening, investigation, monitoring, control and/or remediation of any abandoned, idled, under-utilized, or other property whose re-use, growth, enhancement or redevelopment is complicated by real or perceived adverse environmental conditions. Brownfield projects may address sites contaminated by hazardous substances, solid waste, or any other pollutant; (2) "Hazardous substance" is as defined in § 101 of Public Law 96-510 ( 42 U.S.C. § 9601 ); (3) "Hazardous substance site" means any site or area where hazardous substance disposal has occurred; and (4) "Liable party" means: (A) The owner or operator of an inactive hazardous substance site; (B) Any person who at the time of disposal was the owner or operator of an inactive hazardous substance site; (C) Any generator of hazardous substance who at the time of disposal caused such substance to be disposed of at an inactive hazardous substance site; or (D) Any transporter of hazardous substance which is disposed of at an inactive hazardous substance site who, at the time of disposal, selected the site of disposal of such substance; (E) (i) "Liable party" does not include a unit of state or local government which becomes an owner or operator of an inactive hazardous substance site by acquiring ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign, unless such governmental entity has caused or contributed to the release or threatened release of a hazardous substance from the facility; (ii) "Liable party," as provided for in part 4 of this chapter, does not include a person who, without participating in the management of the hazardous substance site, holds indicia of ownership primarily to protect a security interest in the site; (iii) "Liable party" does not include a person who is excluded from liability under the Superfund Recycling Equity Act ( 42 U.S.C. § 9627 ); (iv) This subdivision (a)(4)(E) shall apply to any site currently listed or listed at any time in the future as a superfund site through rules promulgated by the board, unless liability has otherwise been established through administrative or judicial action; and (F) (i) As used in this subdivision (a)(4), "owner or operator" does not include a person who establishes, by a preponderance of the evidence, that: (a) Such person acquired the title to the hazardous substance site after the disposal or placement of the hazardous substance on, in, or at the site; (b) At the time the person acquired title to the hazardous substance site, such person did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the site; and (c) The person exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances; (ii) To establish that such person had no reason to know, as provided in subdivision (a)(4)(F)(i), the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For the purpose of the preceding sentence, the court, presiding authority, or the department of environment and conservation shall take into account any specialized knowledge or experience on the part of such person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or a likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection. The good faith performance of a Transaction Screen Process in material compliance with the version of the ASTM Practice E 1528 in effect at the time of the acquisition, or any successive replacement standard, or a Phase I Environmental Site Assessment in substantial and material compliance with the version of the ASTM E-1527 Guideline for Environmental Site Assessments in effect at the time of acquisition, or any successive replacement standard (collectively the "Assessment Standard"), that appropriately concludes that no further investigation is required, shall create a presumption that the person ordering or authorized to use the Transaction Screen Process or the Phase I Environmental Site Assessment has conducted "all appropriate inquiry" under this subdivision (a)(4).
(1) "Brownfield project" means the screening, investigation, monitoring, control and/or remediation of any abandoned, idled, under-utilized, or other property whose re-use, growth, enhancement or redevelopment is complicated by real or perceived adverse environmental conditions. Brownfield projects may address sites contaminated by hazardous substances, solid waste, or any other pollutant;
(2) "Hazardous substance" is as defined in § 101 of Public Law 96-510 ( 42 U.S.C. § 9601 );
(3) "Hazardous substance site" means any site or area where hazardous substance disposal has occurred; and
(4) "Liable party" means: (A) The owner or operator of an inactive hazardous substance site; (B) Any person who at the time of disposal was the owner or operator of an inactive hazardous substance site; (C) Any generator of hazardous substance who at the time of disposal caused such substance to be disposed of at an inactive hazardous substance site; or (D) Any transporter of hazardous substance which is disposed of at an inactive hazardous substance site who, at the time of disposal, selected the site of disposal of such substance; (E) (i) "Liable party" does not include a unit of state or local government which becomes an owner or operator of an inactive hazardous substance site by acquiring ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign, unless such governmental entity has caused or contributed to the release or threatened release of a hazardous substance from the facility; (ii) "Liable party," as provided for in part 4 of this chapter, does not include a person who, without participating in the management of the hazardous substance site, holds indicia of ownership primarily to protect a security interest in the site; (iii) "Liable party" does not include a person who is excluded from liability under the Superfund Recycling Equity Act ( 42 U.S.C. § 9627 ); (iv) This subdivision (a)(4)(E) shall apply to any site currently listed or listed at any time in the future as a superfund site through rules promulgated by the board, unless liability has otherwise been established through administrative or judicial action; and (F) (i) As used in this subdivision (a)(4), "owner or operator" does not include a person who establishes, by a preponderance of the evidence, that: (a) Such person acquired the title to the hazardous substance site after the disposal or placement of the hazardous substance on, in, or at the site; (b) At the time the person acquired title to the hazardous substance site, such person did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the site; and (c) The person exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances; (ii) To establish that such person had no reason to know, as provided in subdivision (a)(4)(F)(i), the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For the purpose of the preceding sentence, the court, presiding authority, or the department of environment and conservation shall take into account any specialized knowledge or experience on the part of such person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or a likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection. The good faith performance of a Transaction Screen Process in material compliance with the version of the ASTM Practice E 1528 in effect at the time of the acquisition, or any successive replacement standard, or a Phase I Environmental Site Assessment in substantial and material compliance with the version of the ASTM E-1527 Guideline for Environmental Site Assessments in effect at the time of acquisition, or any successive replacement standard (collectively the "Assessment Standard"), that appropriately concludes that no further investigation is required, shall create a presumption that the person ordering or authorized to use the Transaction Screen Process or the Phase I Environmental Site Assessment has conducted "all appropriate inquiry" under this subdivision (a)(4).
(A) The owner or operator of an inactive hazardous substance site;
(B) Any person who at the time of disposal was the owner or operator of an inactive hazardous substance site;
(C) Any generator of hazardous substance who at the time of disposal caused such substance to be disposed of at an inactive hazardous substance site; or
(D) Any transporter of hazardous substance which is disposed of at an inactive hazardous substance site who, at the time of disposal, selected the site of disposal of such substance;
(E) (i) "Liable party" does not include a unit of state or local government which becomes an owner or operator of an inactive hazardous substance site by acquiring ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign, unless such governmental entity has caused or contributed to the release or threatened release of a hazardous substance from the facility; (ii) "Liable party," as provided for in part 4 of this chapter, does not include a person who, without participating in the management of the hazardous substance site, holds indicia of ownership primarily to protect a security interest in the site; (iii) "Liable party" does not include a person who is excluded from liability under the Superfund Recycling Equity Act ( 42 U.S.C. § 9627 ); (iv) This subdivision (a)(4)(E) shall apply to any site currently listed or listed at any time in the future as a superfund site through rules promulgated by the board, unless liability has otherwise been established through administrative or judicial action; and
(i) "Liable party" does not include a unit of state or local government which becomes an owner or operator of an inactive hazardous substance site by acquiring ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign, unless such governmental entity has caused or contributed to the release or threatened release of a hazardous substance from the facility;
(ii) "Liable party," as provided for in part 4 of this chapter, does not include a person who, without participating in the management of the hazardous substance site, holds indicia of ownership primarily to protect a security interest in the site;
(iii) "Liable party" does not include a person who is excluded from liability under the Superfund Recycling Equity Act ( 42 U.S.C. § 9627 );
(iv) This subdivision (a)(4)(E) shall apply to any site currently listed or listed at any time in the future as a superfund site through rules promulgated by the board, unless liability has otherwise been established through administrative or judicial action; and
(F) (i) As used in this subdivision (a)(4), "owner or operator" does not include a person who establishes, by a preponderance of the evidence, that: (a) Such person acquired the title to the hazardous substance site after the disposal or placement of the hazardous substance on, in, or at the site; (b) At the time the person acquired title to the hazardous substance site, such person did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the site; and (c) The person exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances; (ii) To establish that such person had no reason to know, as provided in subdivision (a)(4)(F)(i), the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For the purpose of the preceding sentence, the court, presiding authority, or the department of environment and conservation shall take into account any specialized knowledge or experience on the part of such person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or a likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection. The good faith performance of a Transaction Screen Process in material compliance with the version of the ASTM Practice E 1528 in effect at the time of the acquisition, or any successive replacement standard, or a Phase I Environmental Site Assessment in substantial and material compliance with the version of the ASTM E-1527 Guideline for Environmental Site Assessments in effect at the time of acquisition, or any successive replacement standard (collectively the "Assessment Standard"), that appropriately concludes that no further investigation is required, shall create a presumption that the person ordering or authorized to use the Transaction Screen Process or the Phase I Environmental Site Assessment has conducted "all appropriate inquiry" under this subdivision (a)(4).
(i) As used in this subdivision (a)(4), "owner or operator" does not include a person who establishes, by a preponderance of the evidence, that: (a) Such person acquired the title to the hazardous substance site after the disposal or placement of the hazardous substance on, in, or at the site; (b) At the time the person acquired title to the hazardous substance site, such person did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the site; and (c) The person exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances;
(a) Such person acquired the title to the hazardous substance site after the disposal or placement of the hazardous substance on, in, or at the site;
(b) At the time the person acquired title to the hazardous substance site, such person did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the site; and
(c) The person exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances;
(ii) To establish that such person had no reason to know, as provided in subdivision (a)(4)(F)(i), the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For the purpose of the preceding sentence, the court, presiding authority, or the department of environment and conservation shall take into account any specialized knowledge or experience on the part of such person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or a likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection. The good faith performance of a Transaction Screen Process in material compliance with the version of the ASTM Practice E 1528 in effect at the time of the acquisition, or any successive replacement standard, or a Phase I Environmental Site Assessment in substantial and material compliance with the version of the ASTM E-1527 Guideline for Environmental Site Assessments in effect at the time of acquisition, or any successive replacement standard (collectively the "Assessment Standard"), that appropriately concludes that no further investigation is required, shall create a presumption that the person ordering or authorized to use the Transaction Screen Process or the Phase I Environmental Site Assessment has conducted "all appropriate inquiry" under this subdivision (a)(4).
(b) All other terms used in this part are defined as such terms are defined in § 68-212-104 .
Amended by 2016 Tenn. Acts, ch. 985, s 1, eff. 4/27/2016.
Acts 1983, ch. 423, § 2; 1991, ch. 169, §§ 1, 2; T.C.A., § 68-46-202; Acts 1994, ch. 890, § 3; 1995, ch. 375, §§ 1, 2; 2001, ch. 449, § 1.
Tenn. Code Ann. § 68-221-209 — TN Code / Title 68 / Chapter 221 / Section 68-221-209
Power to require use of sanitary sewers - Requiring maintenance of sewer connections - Requiring payment of charges - Deposit - Action to collect delinquent charges - Maintenance of sanitary sewer and building service
Status: in_force

(a) In order to protect the public health and in order to assure the payment of bonds issued for sewage treatment works, the municipality is authorized by appropriate resolution to: (1) (A) Require the owner, tenant or occupant of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer and upon which lot or parcel a building exists for residential, commercial or industrial use, to connect such building with such sanitary sewer and to cease to use any other means for the disposal of sewage, sewage waste or other polluting matter; (B) In addition to any other method of enforcing such requirement, a municipality also providing water services to such property may, within or without its borders, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply; (2) Require the owner, tenant or occupant of each lot or parcel of land who is responsible for any connection to the sanitary sewer required under this section to properly maintain that portion of the connection that is located on the property of the owner, tenant or occupant; and in addition to any other method of enforcing such requirement, a city, town or utility district also providing water service to such property may, within or without its border, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply; (3) Require the owner, tenant or occupant of each lot or parcel of land who is obligated to pay the charges made for the services furnished by any sewage system or sewage disposal system, to make a reasonable deposit in advance to secure the payment of such charges; and (4) Proceed to recover the amount of any delinquent charges owed by any such owner, tenant or occupant, with interest thereon at the maximum legal rate, in an action ex contractu. (b) (1) If a water and wastewater treatment authority, created pursuant to part 6 of this chapter: (A) Owns a sanitary sewer funded in whole or in part through a grant obtained under this part; and (B) Installed the sanitary sewer, contracted with an entity to install the sanitary sewer, or such sanitary sewer was conveyed to the authority after installation; then such authority is responsible for maintaining the sanitary sewer and building service, including couplings and fittings thereto, to which the building lateral sewer of the residential or commercial customer is connected. In no event shall a residential or commercial customer be responsible for maintaining that portion of any lateral or connection that is located beyond the property line of such customer. (2) As used in this subsection (b), unless the context otherwise requires: (A) "Building lateral sewer" means a gravity-flow pipeline connecting a building wastewater collection system to a building service. "Building lateral sewer" is also called a "house connection" or a "service connection"; and (B) "Building service" means a saddle or "Y" connection to a lateral or branch sewer for connection of a building sewer also called a "building lateral sewer." (3) Such water and wastewater treatment authority is liable upon a showing of negligence for any damage incurred by such residential or commercial customers that is caused by damage to or failure of such sanitary sewer or building service, including couplings and fittings thereto. (4) This subsection (b) does not apply in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000) nor in any county having a population of not less than sixty-seven thousand six hundred (67,600) nor more than sixty-seven thousand nine hundred (67,900), according to the 1990 federal census or any subsequent federal census. Acts 1970, ch. 521, § 1; T.C.A., § 53-2025; Acts 1991, ch. 252, § 1; T.C.A., § 68-13-209; Acts 1999, ch. 479, § 1.
(a) In order to protect the public health and in order to assure the payment of bonds issued for sewage treatment works, the municipality is authorized by appropriate resolution to: (1) (A) Require the owner, tenant or occupant of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer and upon which lot or parcel a building exists for residential, commercial or industrial use, to connect such building with such sanitary sewer and to cease to use any other means for the disposal of sewage, sewage waste or other polluting matter; (B) In addition to any other method of enforcing such requirement, a municipality also providing water services to such property may, within or without its borders, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply; (2) Require the owner, tenant or occupant of each lot or parcel of land who is responsible for any connection to the sanitary sewer required under this section to properly maintain that portion of the connection that is located on the property of the owner, tenant or occupant; and in addition to any other method of enforcing such requirement, a city, town or utility district also providing water service to such property may, within or without its border, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply; (3) Require the owner, tenant or occupant of each lot or parcel of land who is obligated to pay the charges made for the services furnished by any sewage system or sewage disposal system, to make a reasonable deposit in advance to secure the payment of such charges; and (4) Proceed to recover the amount of any delinquent charges owed by any such owner, tenant or occupant, with interest thereon at the maximum legal rate, in an action ex contractu.
(1) (A) Require the owner, tenant or occupant of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer and upon which lot or parcel a building exists for residential, commercial or industrial use, to connect such building with such sanitary sewer and to cease to use any other means for the disposal of sewage, sewage waste or other polluting matter; (B) In addition to any other method of enforcing such requirement, a municipality also providing water services to such property may, within or without its borders, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply;
(A) Require the owner, tenant or occupant of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer and upon which lot or parcel a building exists for residential, commercial or industrial use, to connect such building with such sanitary sewer and to cease to use any other means for the disposal of sewage, sewage waste or other polluting matter;
(B) In addition to any other method of enforcing such requirement, a municipality also providing water services to such property may, within or without its borders, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply;
(2) Require the owner, tenant or occupant of each lot or parcel of land who is responsible for any connection to the sanitary sewer required under this section to properly maintain that portion of the connection that is located on the property of the owner, tenant or occupant; and in addition to any other method of enforcing such requirement, a city, town or utility district also providing water service to such property may, within or without its border, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply;
(3) Require the owner, tenant or occupant of each lot or parcel of land who is obligated to pay the charges made for the services furnished by any sewage system or sewage disposal system, to make a reasonable deposit in advance to secure the payment of such charges; and
(4) Proceed to recover the amount of any delinquent charges owed by any such owner, tenant or occupant, with interest thereon at the maximum legal rate, in an action ex contractu.
(b) (1) If a water and wastewater treatment authority, created pursuant to part 6 of this chapter: (A) Owns a sanitary sewer funded in whole or in part through a grant obtained under this part; and (B) Installed the sanitary sewer, contracted with an entity to install the sanitary sewer, or such sanitary sewer was conveyed to the authority after installation; then such authority is responsible for maintaining the sanitary sewer and building service, including couplings and fittings thereto, to which the building lateral sewer of the residential or commercial customer is connected. In no event shall a residential or commercial customer be responsible for maintaining that portion of any lateral or connection that is located beyond the property line of such customer. (2) As used in this subsection (b), unless the context otherwise requires: (A) "Building lateral sewer" means a gravity-flow pipeline connecting a building wastewater collection system to a building service. "Building lateral sewer" is also called a "house connection" or a "service connection"; and (B) "Building service" means a saddle or "Y" connection to a lateral or branch sewer for connection of a building sewer also called a "building lateral sewer." (3) Such water and wastewater treatment authority is liable upon a showing of negligence for any damage incurred by such residential or commercial customers that is caused by damage to or failure of such sanitary sewer or building service, including couplings and fittings thereto. (4) This subsection (b) does not apply in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000) nor in any county having a population of not less than sixty-seven thousand six hundred (67,600) nor more than sixty-seven thousand nine hundred (67,900), according to the 1990 federal census or any subsequent federal census.
(1) If a water and wastewater treatment authority, created pursuant to part 6 of this chapter: (A) Owns a sanitary sewer funded in whole or in part through a grant obtained under this part; and (B) Installed the sanitary sewer, contracted with an entity to install the sanitary sewer, or such sanitary sewer was conveyed to the authority after installation; then such authority is responsible for maintaining the sanitary sewer and building service, including couplings and fittings thereto, to which the building lateral sewer of the residential or commercial customer is connected. In no event shall a residential or commercial customer be responsible for maintaining that portion of any lateral or connection that is located beyond the property line of such customer.
(A) Owns a sanitary sewer funded in whole or in part through a grant obtained under this part; and
(B) Installed the sanitary sewer, contracted with an entity to install the sanitary sewer, or such sanitary sewer was conveyed to the authority after installation; then such authority is responsible for maintaining the sanitary sewer and building service, including couplings and fittings thereto, to which the building lateral sewer of the residential or commercial customer is connected. In no event shall a residential or commercial customer be responsible for maintaining that portion of any lateral or connection that is located beyond the property line of such customer.
then such authority is responsible for maintaining the sanitary sewer and building service, including couplings and fittings thereto, to which the building lateral sewer of the residential or commercial customer is connected. In no event shall a residential or commercial customer be responsible for maintaining that portion of any lateral or connection that is located beyond the property line of such customer.
(2) As used in this subsection (b), unless the context otherwise requires: (A) "Building lateral sewer" means a gravity-flow pipeline connecting a building wastewater collection system to a building service. "Building lateral sewer" is also called a "house connection" or a "service connection"; and (B) "Building service" means a saddle or "Y" connection to a lateral or branch sewer for connection of a building sewer also called a "building lateral sewer."
(A) "Building lateral sewer" means a gravity-flow pipeline connecting a building wastewater collection system to a building service. "Building lateral sewer" is also called a "house connection" or a "service connection"; and
(B) "Building service" means a saddle or "Y" connection to a lateral or branch sewer for connection of a building sewer also called a "building lateral sewer."
(3) Such water and wastewater treatment authority is liable upon a showing of negligence for any damage incurred by such residential or commercial customers that is caused by damage to or failure of such sanitary sewer or building service, including couplings and fittings thereto.
(4) This subsection (b) does not apply in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000) nor in any county having a population of not less than sixty-seven thousand six hundred (67,600) nor more than sixty-seven thousand nine hundred (67,900), according to the 1990 federal census or any subsequent federal census.
Acts 1970, ch. 521, § 1; T.C.A., § 53-2025; Acts 1991, ch. 252, § 1; T.C.A., § 68-13-209; Acts 1999, ch. 479, § 1.
Tenn. Code Ann. § 68-221-502 — TN Code / Title 68 / Chapter 221 / Section 68-221-502
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authority" means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor; (2) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of waterworks, preliminary planning to determine the economic and engineering feasibility of waterworks, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary in the construction of waterworks, and the inspection and supervision of the construction of waterworks; (3) "Department" means the department of environment and conservation; (4) "Eligible project" means a project for the construction of waterworks for which approval is required under this part, which conforms with the applicable rules and regulations of the department, and which in the judgment of the department is economically feasible; (5) "Law" includes any act or statute, general, special or local, and the charter of any incorporated town or city or metropolitan government of this state; (6) "Municipality" means any county, metropolitan government, incorporated town or city, or special district of this state empowered to provide water services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project; and (7) "Waterworks" includes all or any part of the following: source of supply, pumping facilities, purification works, collection and storage facilities and distribution system for water, together with all necessary parts and appurtenances for proper operation. Acts 1974, ch. 671, § 2; T.C.A., § 53-2056; Acts 1989, ch. 233, § 22; T.C.A., § 68-13-502.
As used in this part, unless the context otherwise requires:
(1) "Authority" means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor;
(2) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of waterworks, preliminary planning to determine the economic and engineering feasibility of waterworks, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary in the construction of waterworks, and the inspection and supervision of the construction of waterworks;
(3) "Department" means the department of environment and conservation;
(4) "Eligible project" means a project for the construction of waterworks for which approval is required under this part, which conforms with the applicable rules and regulations of the department, and which in the judgment of the department is economically feasible;
(5) "Law" includes any act or statute, general, special or local, and the charter of any incorporated town or city or metropolitan government of this state;
(6) "Municipality" means any county, metropolitan government, incorporated town or city, or special district of this state empowered to provide water services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project; and
(7) "Waterworks" includes all or any part of the following: source of supply, pumping facilities, purification works, collection and storage facilities and distribution system for water, together with all necessary parts and appurtenances for proper operation.
Acts 1974, ch. 671, § 2; T.C.A., § 53-2056; Acts 1989, ch. 233, § 22; T.C.A., § 68-13-502.
Tenn. Code Ann. § 68-211-105 — TN Code / Title 68 / Chapter 211 / Section 68-211-105
Supervision over construction of disposal facilities
Status: in_force

(a) The department shall exercise general supervision over the construction of solid waste processing facilities and disposal facilities or sites throughout the state. Such general supervision shall apply to all features of construction of solid waste processing facilities and disposal facilities or sites which do or may affect the public health and safety or the quality of the environment, and which do or may affect the proper processing or disposal of solid wastes. (b) No new construction shall be initiated nor shall any change be made in any solid waste processing facility or disposal facility or site until the plans for such new construction or change have been submitted to and approved by the department. Records of construction or plans for existing facilities or sites shall be made available to the department upon request of the commissioner. In granting approval of such plans, the department may specify such modifications, conditions, and regulations as may be required to fulfill the purposes of this part. (c) The board is empowered to adopt and enforce rules and regulations for the construction of new facilities and sites and the alteration of existing facilities and sites. (d) The commissioner is authorized to investigate solid waste processing facilities and disposal facilities or sites throughout the state as often as the commissioner deems necessary. (e) When the commissioner disapproves plans for the construction of, or change in, any solid waste processing facility or disposal facility or site, the commissioner shall notify in writing the person having submitted such plans, and state the grounds for the commissioner's disapproval. (f) Actions taken by the department, commissioner, or board in accordance with this part shall be conducted in accordance with title 13, chapter 18 when the action involves a major energy project, as defined in § 13-18-102 . (g) The commissioner shall not approve any plans submitted in accordance with subsection (b), unless the applicant has submitted: (1) A comprehensive environmental site assessment that includes an evaluation of the quality of groundwater beneath the proposed facility. At a minimum, the applicant shall provide analytical information for all constituents specified in regulations adopted by the board. The requirement for a comprehensive environmental site assessment shall apply only to new sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and (2) Proof satisfactory to the commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes, so that ground water protection standards are not exceeded. (h) The commissioner shall not review or approve any construction for any new landfill for solid waste disposal or for solid waste processing in any county or municipality which has adopted §§ 68-211-701 - 68-211-704 and § 68-211-707 until such construction has been approved in accordance with such sections. Acts 1969, ch. 295, § 5; 1974, ch. 446, §§ 1-3; 1974, ch. 486, § 1; 1980, ch. 899, § 2; 1981, ch. 131, § 31; T.C.A., § 53-4305; Acts 1988, ch. 967, § 1; 1989, ch. 515, §§ 1, 8; T.C.A., § 68-31-105; Acts 1993, ch. 523, §§ 1-3; 2006, ch. 819, § 1.
(a) The department shall exercise general supervision over the construction of solid waste processing facilities and disposal facilities or sites throughout the state. Such general supervision shall apply to all features of construction of solid waste processing facilities and disposal facilities or sites which do or may affect the public health and safety or the quality of the environment, and which do or may affect the proper processing or disposal of solid wastes.
(b) No new construction shall be initiated nor shall any change be made in any solid waste processing facility or disposal facility or site until the plans for such new construction or change have been submitted to and approved by the department. Records of construction or plans for existing facilities or sites shall be made available to the department upon request of the commissioner. In granting approval of such plans, the department may specify such modifications, conditions, and regulations as may be required to fulfill the purposes of this part.
(c) The board is empowered to adopt and enforce rules and regulations for the construction of new facilities and sites and the alteration of existing facilities and sites.
(d) The commissioner is authorized to investigate solid waste processing facilities and disposal facilities or sites throughout the state as often as the commissioner deems necessary.
(e) When the commissioner disapproves plans for the construction of, or change in, any solid waste processing facility or disposal facility or site, the commissioner shall notify in writing the person having submitted such plans, and state the grounds for the commissioner's disapproval.
(f) Actions taken by the department, commissioner, or board in accordance with this part shall be conducted in accordance with title 13, chapter 18 when the action involves a major energy project, as defined in § 13-18-102 .
(g) The commissioner shall not approve any plans submitted in accordance with subsection (b), unless the applicant has submitted: (1) A comprehensive environmental site assessment that includes an evaluation of the quality of groundwater beneath the proposed facility. At a minimum, the applicant shall provide analytical information for all constituents specified in regulations adopted by the board. The requirement for a comprehensive environmental site assessment shall apply only to new sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and (2) Proof satisfactory to the commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes, so that ground water protection standards are not exceeded.
(1) A comprehensive environmental site assessment that includes an evaluation of the quality of groundwater beneath the proposed facility. At a minimum, the applicant shall provide analytical information for all constituents specified in regulations adopted by the board. The requirement for a comprehensive environmental site assessment shall apply only to new sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and
(2) Proof satisfactory to the commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes, so that ground water protection standards are not exceeded.
(h) The commissioner shall not review or approve any construction for any new landfill for solid waste disposal or for solid waste processing in any county or municipality which has adopted §§ 68-211-701 - 68-211-704 and § 68-211-707 until such construction has been approved in accordance with such sections.
Acts 1969, ch. 295, § 5; 1974, ch. 446, §§ 1-3; 1974, ch. 486, § 1; 1980, ch. 899, § 2; 1981, ch. 131, § 31; T.C.A., § 53-4305; Acts 1988, ch. 967, § 1; 1989, ch. 515, §§ 1, 8; T.C.A., § 68-31-105; Acts 1993, ch. 523, §§ 1-3; 2006, ch. 819, § 1.
Tenn. Code Ann. § 68-221-1305 — TN Code / Title 68 / Chapter 221 / Section 68-221-1305
Appointment of commissioners - Members - Election of officers - Jurisdiction
Status: in_force

(a) (1) The governing body of the authority shall be a board of commissioners appointed by the executive officer of the creating governmental entity and approved by its governing body. (2) The board of commissioners shall include a person of good standing and reputation. (b) If there are one (1) or more participating governmental entities, one (1) member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body, giving the board a total membership equal to the number of participating governmental entities. (c) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, but thereafter each commissioner shall be appointed for a term of five (5) years. If a board has more than five (5) members, each additional member shall be appointed for a term of five (5) years. A commissioner may be reappointed at the end of that commissioner's term. (d) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term. (2) A commissioner's term shall continue until the appointment and qualification of that commissioner's successor. (3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity that approved the commissioner's appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause. (e) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. (2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business. (3) Except as expressly otherwise specified in this part, all powers granted in this part to an authority shall be exercised by the board. (4) Commissioners may receive compensation and shall be reimbursed for necessary expenses incurred in the performance of their official duties. (5) An authority shall be subject to the jurisdiction of the Tennessee board of utility regulation in accordance with this chapter; provided, however, that the environmental statutes in titles 68 and 69 currently administered by the department of environment and conservation shall apply to the activities of the authority in the same manner as those statutes would apply to the activities of any local government. (f) (1) All members of the board shall, within one (1) year of initial appointment or election to the board of commissioners or within one (1) year of reappointment or reelection to the board of commissioners, attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). (2) In each continuing education period after the initial training and continuing education required by subdivision (f)(1), a board member shall attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). For the purposes of this subsection (f), "continuing education period" means a period of three (3) years beginning January 1 after the calendar year in which a board member completes the training and continuing education requirements set forth in subdivision (f)(1) and each succeeding three-year period thereafter. (3) The subjects for the training and continuing education required by this subsection (f) shall include, but not be limited to, board governance, financial oversight, policy-making responsibilities, and other topics reasonably related to the duties of the members of the board of commissioners of an authority. (4) Any association or organization with appropriate knowledge and experience may prepare a training and continuing education curriculum for board members covering the subjects set forth in subdivision (f)(3) to be submitted to the comptroller of the treasury for review and approval prior to use. The comptroller shall file a copy of approved training and continuing education curriculum with the Tennessee board of utility regulation. Changes and updates to the curriculum shall be submitted to the comptroller for approval prior to use. Any training and continuing education curriculum approved by the comptroller shall be updated every three (3) years and resubmitted to the comptroller for review and approval. (5) For purposes of this subsection (f), a board member may request a training and continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. The request shall only be granted upon a reasonable showing of substantial compliance with this subsection (f). If the extension is granted, the board member must complete any additional required training hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The board member shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the Tennessee board of utility regulation. (g) If any member of the board fails to meet the training and continuing education requirements set forth in subsection (f) before the end of the continuing education period or before the end of any extension approved by the comptroller of the treasury or the comptroller's designee, then such member shall not be eligible for reappointment or reelection to another term of office. Amended by 2023 Tenn. Acts, ch. 463, s 48, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 627, s 9, eff. 3/20/2020. Amended by 2017 Tenn. Acts, ch. 118, s 5, eff. 4/12/2017. Acts 2007 , ch. 250, § 1.
(a) (1) The governing body of the authority shall be a board of commissioners appointed by the executive officer of the creating governmental entity and approved by its governing body. (2) The board of commissioners shall include a person of good standing and reputation.
(1) The governing body of the authority shall be a board of commissioners appointed by the executive officer of the creating governmental entity and approved by its governing body.
(2) The board of commissioners shall include a person of good standing and reputation.
(b) If there are one (1) or more participating governmental entities, one (1) member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body, giving the board a total membership equal to the number of participating governmental entities.
(c) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, but thereafter each commissioner shall be appointed for a term of five (5) years. If a board has more than five (5) members, each additional member shall be appointed for a term of five (5) years. A commissioner may be reappointed at the end of that commissioner's term.
(d) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term. (2) A commissioner's term shall continue until the appointment and qualification of that commissioner's successor. (3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity that approved the commissioner's appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause.
(1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
(2) A commissioner's term shall continue until the appointment and qualification of that commissioner's successor.
(3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity that approved the commissioner's appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause.
(e) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. (2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business. (3) Except as expressly otherwise specified in this part, all powers granted in this part to an authority shall be exercised by the board. (4) Commissioners may receive compensation and shall be reimbursed for necessary expenses incurred in the performance of their official duties. (5) An authority shall be subject to the jurisdiction of the Tennessee board of utility regulation in accordance with this chapter; provided, however, that the environmental statutes in titles 68 and 69 currently administered by the department of environment and conservation shall apply to the activities of the authority in the same manner as those statutes would apply to the activities of any local government.
(1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure.
(2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business.
(3) Except as expressly otherwise specified in this part, all powers granted in this part to an authority shall be exercised by the board.
(4) Commissioners may receive compensation and shall be reimbursed for necessary expenses incurred in the performance of their official duties.
(5) An authority shall be subject to the jurisdiction of the Tennessee board of utility regulation in accordance with this chapter; provided, however, that the environmental statutes in titles 68 and 69 currently administered by the department of environment and conservation shall apply to the activities of the authority in the same manner as those statutes would apply to the activities of any local government.
(f) (1) All members of the board shall, within one (1) year of initial appointment or election to the board of commissioners or within one (1) year of reappointment or reelection to the board of commissioners, attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). (2) In each continuing education period after the initial training and continuing education required by subdivision (f)(1), a board member shall attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). For the purposes of this subsection (f), "continuing education period" means a period of three (3) years beginning January 1 after the calendar year in which a board member completes the training and continuing education requirements set forth in subdivision (f)(1) and each succeeding three-year period thereafter. (3) The subjects for the training and continuing education required by this subsection (f) shall include, but not be limited to, board governance, financial oversight, policy-making responsibilities, and other topics reasonably related to the duties of the members of the board of commissioners of an authority. (4) Any association or organization with appropriate knowledge and experience may prepare a training and continuing education curriculum for board members covering the subjects set forth in subdivision (f)(3) to be submitted to the comptroller of the treasury for review and approval prior to use. The comptroller shall file a copy of approved training and continuing education curriculum with the Tennessee board of utility regulation. Changes and updates to the curriculum shall be submitted to the comptroller for approval prior to use. Any training and continuing education curriculum approved by the comptroller shall be updated every three (3) years and resubmitted to the comptroller for review and approval. (5) For purposes of this subsection (f), a board member may request a training and continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. The request shall only be granted upon a reasonable showing of substantial compliance with this subsection (f). If the extension is granted, the board member must complete any additional required training hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The board member shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the Tennessee board of utility regulation.
(1) All members of the board shall, within one (1) year of initial appointment or election to the board of commissioners or within one (1) year of reappointment or reelection to the board of commissioners, attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3).
(2) In each continuing education period after the initial training and continuing education required by subdivision (f)(1), a board member shall attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(3). For the purposes of this subsection (f), "continuing education period" means a period of three (3) years beginning January 1 after the calendar year in which a board member completes the training and continuing education requirements set forth in subdivision (f)(1) and each succeeding three-year period thereafter.
(3) The subjects for the training and continuing education required by this subsection (f) shall include, but not be limited to, board governance, financial oversight, policy-making responsibilities, and other topics reasonably related to the duties of the members of the board of commissioners of an authority.
(4) Any association or organization with appropriate knowledge and experience may prepare a training and continuing education curriculum for board members covering the subjects set forth in subdivision (f)(3) to be submitted to the comptroller of the treasury for review and approval prior to use. The comptroller shall file a copy of approved training and continuing education curriculum with the Tennessee board of utility regulation. Changes and updates to the curriculum shall be submitted to the comptroller for approval prior to use. Any training and continuing education curriculum approved by the comptroller shall be updated every three (3) years and resubmitted to the comptroller for review and approval.
(5) For purposes of this subsection (f), a board member may request a training and continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. The request shall only be granted upon a reasonable showing of substantial compliance with this subsection (f). If the extension is granted, the board member must complete any additional required training hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The board member shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the Tennessee board of utility regulation.
(g) If any member of the board fails to meet the training and continuing education requirements set forth in subsection (f) before the end of the continuing education period or before the end of any extension approved by the comptroller of the treasury or the comptroller's designee, then such member shall not be eligible for reappointment or reelection to another term of office.
Amended by 2023 Tenn. Acts, ch. 463, s 48, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 627, s 9, eff. 3/20/2020.
Amended by 2017 Tenn. Acts, ch. 118, s 5, eff. 4/12/2017.
Acts 2007 , ch. 250, § 1.
Tenn. Code Ann. § 68-221-804 — TN Code / Title 68 / Chapter 221 / Section 68-221-804
State construction grants
Status: in_force

(a) (1) The state is authorized to make grants to municipalities to assist them in the construction of wastewater treatment works. (2) The department shall administer this grant program. (b) The department shall promulgate regulations setting forth procedures for the submission of applications by municipalities for these grants and for the approval or denial of these applications by the department, and setting forth the criteria upon which these approvals and denials will be made, the method by which the grant amount for an individual project is determined, and the method of grant payment. (c) Except as provided in subsections (d) and (i), grants shall be fifty-five percent (55%) of the eligible portion of the wastewater treatment works project, except that where innovative or alternative projects or portions of projects have been approved by the department, the grant shall be seventy-five percent (75%) of the portion of the project which utilizes, or is necessary for the utilization of, an innovative or alternative technology. (d) In addition to the basic grant provided for in subsection (c), municipalities that are receiving grants or that have received grants pursuant to this section may be eligible for a supplemental grant. Supplemental grants shall be grants to municipalities receiving either a basic grant or grant from the United States environmental protection agency (EPA). The combination of a supplemental grant and either a basic grant or a grant from the EPA may not be more than ninety percent (90%) of the eligible portion of the wastewater treatment works project. The amount of the supplemental grant shall be determined in relation to an economic index, which is based upon factors which include, but are not limited to, per capita incomes and property values. Municipalities with the lowest economic index shall be eligible for the largest supplemental grants. The department shall promulgate regulations which shall include the economic index, the size of supplemental grants for different levels on the economic index, the level on the economic index above which municipalities will be ineligible for supplemental grants, and give preference to those municipalities that are eligible for EPA grants. (e) Grants shall be made only for those wastewater treatment works projects that qualify for funding based on their placement on the department priority ranking list. (f) Grants may be made for the most cost effective innovative or alternative collection system or the most cost effective on-site system or systems. (g) No portion of a grant made pursuant to this part may be used to acquire land or to pay any costs associated with acquisition of land; provided, that expenditures for land that will be an integral part of the treatment process or that will be used for the ultimate disposal of residues resulting from such treatment may be made out of a grant made pursuant to this part. (h) No portion of a grant made pursuant to this part shall be used to construct reserve capacity in a wastewater treatment works; provided, that reserve capacity in eligible interceptors and in collection systems for a community with a population of less than three thousand five hundred (3,500), according to the 1980 federal census or any subsequent federal census, using alternative technology may be funded out of such grants. (i) Grants made in conjunction with loans from the wastewater facility revolving loan fund pursuant to the Wastewater Facilities Act of 1987, compiled in part 10 of this chapter, may be made in such amounts as may be determined by the department. Acts 1984, ch. 768, § 4; 1985, ch. 221, § 1; 1987, ch. 299, §§ 14, 15; T.C.A., § 68-13-804.
(a) (1) The state is authorized to make grants to municipalities to assist them in the construction of wastewater treatment works. (2) The department shall administer this grant program.
(1) The state is authorized to make grants to municipalities to assist them in the construction of wastewater treatment works.
(2) The department shall administer this grant program.
(b) The department shall promulgate regulations setting forth procedures for the submission of applications by municipalities for these grants and for the approval or denial of these applications by the department, and setting forth the criteria upon which these approvals and denials will be made, the method by which the grant amount for an individual project is determined, and the method of grant payment.
(c) Except as provided in subsections (d) and (i), grants shall be fifty-five percent (55%) of the eligible portion of the wastewater treatment works project, except that where innovative or alternative projects or portions of projects have been approved by the department, the grant shall be seventy-five percent (75%) of the portion of the project which utilizes, or is necessary for the utilization of, an innovative or alternative technology.
(d) In addition to the basic grant provided for in subsection (c), municipalities that are receiving grants or that have received grants pursuant to this section may be eligible for a supplemental grant. Supplemental grants shall be grants to municipalities receiving either a basic grant or grant from the United States environmental protection agency (EPA). The combination of a supplemental grant and either a basic grant or a grant from the EPA may not be more than ninety percent (90%) of the eligible portion of the wastewater treatment works project. The amount of the supplemental grant shall be determined in relation to an economic index, which is based upon factors which include, but are not limited to, per capita incomes and property values. Municipalities with the lowest economic index shall be eligible for the largest supplemental grants. The department shall promulgate regulations which shall include the economic index, the size of supplemental grants for different levels on the economic index, the level on the economic index above which municipalities will be ineligible for supplemental grants, and give preference to those municipalities that are eligible for EPA grants.
(e) Grants shall be made only for those wastewater treatment works projects that qualify for funding based on their placement on the department priority ranking list.
(f) Grants may be made for the most cost effective innovative or alternative collection system or the most cost effective on-site system or systems.
(g) No portion of a grant made pursuant to this part may be used to acquire land or to pay any costs associated with acquisition of land; provided, that expenditures for land that will be an integral part of the treatment process or that will be used for the ultimate disposal of residues resulting from such treatment may be made out of a grant made pursuant to this part.
(h) No portion of a grant made pursuant to this part shall be used to construct reserve capacity in a wastewater treatment works; provided, that reserve capacity in eligible interceptors and in collection systems for a community with a population of less than three thousand five hundred (3,500), according to the 1980 federal census or any subsequent federal census, using alternative technology may be funded out of such grants.
(i) Grants made in conjunction with loans from the wastewater facility revolving loan fund pursuant to the Wastewater Facilities Act of 1987, compiled in part 10 of this chapter, may be made in such amounts as may be determined by the department.
Acts 1984, ch. 768, § 4; 1985, ch. 221, § 1; 1987, ch. 299, §§ 14, 15; T.C.A., § 68-13-804.
Tenn. Code Ann. § 68-221-208 — TN Code / Title 68 / Chapter 221 / Section 68-221-208
Municipalities to establish and collect sewer user's fees
Status: in_force

(a) All municipalities receiving grants from the state under this part shall establish a graduated sewer user's fee on each user of the sanitary sewers provided by the municipality. The municipality providing such a service shall bill and collect the fee from users of the service and is authorized to enter into contracts for the collection of such sewer user fees with any public or private corporation or municipal utilities board or commission operating a water system in the area of the sewage system or to make contracts with any other city, town or utility district to meter, bill and collect sewer user charges as a designated item on its water bills and to discontinue water service to sewer users who fail or refuse to pay sewer user charges, including the right not to accept payment of water service charges from any customer, without receiving at the same time payment of any sewer user charges owed by such customer, and not to reestablish water service until such time as all past due sewer service charges owed by such customer have been paid, and to perform all acts and discharge all obligations required by the provision of any such contract or contracts. (b) The authority shall establish the monthly payment, due from the municipality to the state, necessary for the municipality to fund the project. The municipality shall establish a sewer user's fee and/or such ad valorem taxes as necessary to provide funds sufficient to pay the monthly payments established, plus the costs of operation and maintenance of the sewage treatment work, including depreciation according to generally accepted accounting principles and any other debt service requirements of the system. It is the intent that the sewer user's fee be the primary source of payment of such costs and payments. The sewer user's fee shall be adjusted periodically by the municipality so that the sewer user's fees will be sufficient to pay such monthly payments and costs, but will create a minimum excess. It is the intent that such sewer user's fees shall only be for the purpose of providing for such monthly payments and costs. The sewer user's fee shall be expressed as a single charge on the utility bill. The sewer user's fee in any county having a metropolitan form of government shall be the established fee on April 19, 1973, and shall not be adjusted by the authority unless the governing body of such county shall by ordinance request the authority to make an adjustment in such amount as the authority shall determine. (c) Any upward adjustment of the sewer user's fee shall not be granted solely on the basis of increases of rates and charges for water services, but shall be made only after a finding by the municipality that such an adjustment is reasonable and justified. This subsection (c) shall not apply to counties with a metropolitan form of government. Acts 1970, ch. 521, § 1; 1971, ch. 223, § 1; 1973, ch. 98, § 3; 1977, ch. 468, § 1; 1978, ch. 843, § 6; 1979, ch. 245, §§ 2, 3; T.C.A., § 53-2024; Acts 1984, ch. 965, § 8; 1989, ch. 233, §§ 18, 19; T.C.A., § 68-13-208.
(a) All municipalities receiving grants from the state under this part shall establish a graduated sewer user's fee on each user of the sanitary sewers provided by the municipality. The municipality providing such a service shall bill and collect the fee from users of the service and is authorized to enter into contracts for the collection of such sewer user fees with any public or private corporation or municipal utilities board or commission operating a water system in the area of the sewage system or to make contracts with any other city, town or utility district to meter, bill and collect sewer user charges as a designated item on its water bills and to discontinue water service to sewer users who fail or refuse to pay sewer user charges, including the right not to accept payment of water service charges from any customer, without receiving at the same time payment of any sewer user charges owed by such customer, and not to reestablish water service until such time as all past due sewer service charges owed by such customer have been paid, and to perform all acts and discharge all obligations required by the provision of any such contract or contracts.
(b) The authority shall establish the monthly payment, due from the municipality to the state, necessary for the municipality to fund the project. The municipality shall establish a sewer user's fee and/or such ad valorem taxes as necessary to provide funds sufficient to pay the monthly payments established, plus the costs of operation and maintenance of the sewage treatment work, including depreciation according to generally accepted accounting principles and any other debt service requirements of the system. It is the intent that the sewer user's fee be the primary source of payment of such costs and payments. The sewer user's fee shall be adjusted periodically by the municipality so that the sewer user's fees will be sufficient to pay such monthly payments and costs, but will create a minimum excess. It is the intent that such sewer user's fees shall only be for the purpose of providing for such monthly payments and costs. The sewer user's fee shall be expressed as a single charge on the utility bill. The sewer user's fee in any county having a metropolitan form of government shall be the established fee on April 19, 1973, and shall not be adjusted by the authority unless the governing body of such county shall by ordinance request the authority to make an adjustment in such amount as the authority shall determine.
(c) Any upward adjustment of the sewer user's fee shall not be granted solely on the basis of increases of rates and charges for water services, but shall be made only after a finding by the municipality that such an adjustment is reasonable and justified. This subsection (c) shall not apply to counties with a metropolitan form of government.
Acts 1970, ch. 521, § 1; 1971, ch. 223, § 1; 1973, ch. 98, § 3; 1977, ch. 468, § 1; 1978, ch. 843, § 6; 1979, ch. 245, §§ 2, 3; T.C.A., § 53-2024; Acts 1984, ch. 965, § 8; 1989, ch. 233, §§ 18, 19; T.C.A., § 68-13-208.
Tenn. Code Ann. § 68-221-608 — TN Code / Title 68 / Chapter 221 / Section 68-221-608
Charges for services - Classification of customers - Contracts for collection of sewer charges - Appeals
Status: in_force

(a) The authority may fix the price or charges for its water and waste treatment services rendered to users within and without the service area of the authority; provided, that the rates charged must be uniform for the same class of customers or service and may represent the equitable or proportionate share of treatment costs of such class of customers or service. (b) In classifying customers served or service furnished by such system of sewerage or water, the authority may, in its discretion, consider any or all of the following factors: (1) The difference in cost of service to the various customers; (2) The location of the various customers within and without the service area of the authority; (3) The difference in cost of maintenance, operation, repair and replacement of the various parts of the system; (4) The different character of the service furnished various customers; (5) The quantity and quality of the sewage delivered and the time of its delivery; (6) Capital contributions made to the system, including, but not limited to, assessments; and (7) Any other matters which present a reasonable difference as a ground for distinction. (c) (1) As used in this subsection (c): (A) "Sewer" means waste water collection and/or treatment; and (B) "Sewer service charges" includes all moneys properly charged to sewer service customers and owners of properties receiving sewer service. (2) (A) The board may enter into contracts with any public or private corporation providing sewer services within the jurisdiction, or with any utility district or municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges; and the authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered: (i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise; (ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges; (iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by such customer; and (iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by such customer have been paid. (B) Such public corporation, utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts. (d) The rates, prices, or charges for water, wastewater, and reuse or recycled wastewater may be flat rate, proportional to usage, or a combination thereof. (e) (1) (A) Any person aggrieved by an appealable action of the board, or the board's officers or employees, may appeal the action by filing a written notice of the challenged action stating: (i) The action being appealed; (ii) The date of the appealed action; (iii) The manner in which the person is aggrieved; (iv) Each factual or legal basis for the appeal; and (v) The relief sought. (B) A notice of appeal shall be dated and signed by the appellant and shall include the appellant's mailing address and telephone number, and, if available, the appellant's electronic mail address. (C) A notice of appeal shall be filed with the authority's executive director, or the executive director's designee, within fifteen (15) days immediately following the date of the action being challenged in the notice. (D) The authority shall establish rules and procedures governing the method for consideration of appeals filed pursuant to this subsection (e). The authority shall make copies of the rules and procedures available to their customers and post a copy of their rules and procedures at the authority's principal office and on the authority's website. (E) The authority shall determine all factual and legal issues raised in an appeal and shall state in writing to the aggrieved person the reasons for its decision. (2) Any judicial review of the disposition of an appeal shall be by common law certiorari filed in a court of competent jurisdiction in the county where the authority's principal office is located. No change in the authority's fees, rates, charges, penalties, or deposits shall be stayed unless the plaintiff posts an adequate bond sufficient to compensate the authority for any losses incurred as a result of the stay. (3) As used in this subsection (e), "appealable action": (A) Means: (i) An action relating to the authority's duty to establish, charge, administer, and collect fees, rates, charges, penalties, and deposits; and (ii) Other decisions based on the authority's rules and procedures that the authority designates as appealable actions; and (B) Does not include any action relating to the issuance of bonds or debt, any civil service plan, or any other action not identified in subdivision (e)(3)(A). (4) This part shall not authorize or permit any class action lawsuits against any authority, except as to holders of the authority's bonds under § 68-221-611 . (5) This part shall not grant a private right of action, except as to holders of the authority's bonds under § 68-221-611 . (6) The procedures established pursuant to this subsection (e) shall constitute the exclusive method of review of actions of the board and the board's officers and employees, except as to holders of the authority's bonds under § 68-221-611 and employees in a civil service plan under § 68-221-613 . Amended by 2017 Tenn. Acts, ch. 174, s 3, eff. 4/24/2017. Amended by 2016 Tenn. Acts, ch. 1050, s 3, eff. 7/1/2016. Acts 1974, ch. 605, § 8; T.C.A., §§ 53-6008, 68-13-608; Acts 1999, ch. 355, § 1.
(a) The authority may fix the price or charges for its water and waste treatment services rendered to users within and without the service area of the authority; provided, that the rates charged must be uniform for the same class of customers or service and may represent the equitable or proportionate share of treatment costs of such class of customers or service.
(b) In classifying customers served or service furnished by such system of sewerage or water, the authority may, in its discretion, consider any or all of the following factors: (1) The difference in cost of service to the various customers; (2) The location of the various customers within and without the service area of the authority; (3) The difference in cost of maintenance, operation, repair and replacement of the various parts of the system; (4) The different character of the service furnished various customers; (5) The quantity and quality of the sewage delivered and the time of its delivery; (6) Capital contributions made to the system, including, but not limited to, assessments; and (7) Any other matters which present a reasonable difference as a ground for distinction.
(1) The difference in cost of service to the various customers;
(2) The location of the various customers within and without the service area of the authority;
(3) The difference in cost of maintenance, operation, repair and replacement of the various parts of the system;
(4) The different character of the service furnished various customers;
(5) The quantity and quality of the sewage delivered and the time of its delivery;
(6) Capital contributions made to the system, including, but not limited to, assessments; and
(7) Any other matters which present a reasonable difference as a ground for distinction.
(c) (1) As used in this subsection (c): (A) "Sewer" means waste water collection and/or treatment; and (B) "Sewer service charges" includes all moneys properly charged to sewer service customers and owners of properties receiving sewer service. (2) (A) The board may enter into contracts with any public or private corporation providing sewer services within the jurisdiction, or with any utility district or municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges; and the authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered: (i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise; (ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges; (iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by such customer; and (iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by such customer have been paid. (B) Such public corporation, utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts.
(1) As used in this subsection (c): (A) "Sewer" means waste water collection and/or treatment; and (B) "Sewer service charges" includes all moneys properly charged to sewer service customers and owners of properties receiving sewer service.
(A) "Sewer" means waste water collection and/or treatment; and
(B) "Sewer service charges" includes all moneys properly charged to sewer service customers and owners of properties receiving sewer service.
(2) (A) The board may enter into contracts with any public or private corporation providing sewer services within the jurisdiction, or with any utility district or municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges; and the authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered: (i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise; (ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges; (iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by such customer; and (iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by such customer have been paid. (B) Such public corporation, utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts.
(A) The board may enter into contracts with any public or private corporation providing sewer services within the jurisdiction, or with any utility district or municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges; and the authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered: (i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise; (ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges; (iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by such customer; and (iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by such customer have been paid.
(i) To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise;
(ii) To discontinue water service to sewer users who fail or refuse to pay sewer service charges;
(iii) Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by such customer; and
(iv) Not to reestablish water service for any customer until such time as all past due sewer service charges owed by such customer have been paid.
(B) Such public corporation, utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts.
(d) The rates, prices, or charges for water, wastewater, and reuse or recycled wastewater may be flat rate, proportional to usage, or a combination thereof.
(e) (1) (A) Any person aggrieved by an appealable action of the board, or the board's officers or employees, may appeal the action by filing a written notice of the challenged action stating: (i) The action being appealed; (ii) The date of the appealed action; (iii) The manner in which the person is aggrieved; (iv) Each factual or legal basis for the appeal; and (v) The relief sought. (B) A notice of appeal shall be dated and signed by the appellant and shall include the appellant's mailing address and telephone number, and, if available, the appellant's electronic mail address. (C) A notice of appeal shall be filed with the authority's executive director, or the executive director's designee, within fifteen (15) days immediately following the date of the action being challenged in the notice. (D) The authority shall establish rules and procedures governing the method for consideration of appeals filed pursuant to this subsection (e). The authority shall make copies of the rules and procedures available to their customers and post a copy of their rules and procedures at the authority's principal office and on the authority's website. (E) The authority shall determine all factual and legal issues raised in an appeal and shall state in writing to the aggrieved person the reasons for its decision. (2) Any judicial review of the disposition of an appeal shall be by common law certiorari filed in a court of competent jurisdiction in the county where the authority's principal office is located. No change in the authority's fees, rates, charges, penalties, or deposits shall be stayed unless the plaintiff posts an adequate bond sufficient to compensate the authority for any losses incurred as a result of the stay. (3) As used in this subsection (e), "appealable action": (A) Means: (i) An action relating to the authority's duty to establish, charge, administer, and collect fees, rates, charges, penalties, and deposits; and (ii) Other decisions based on the authority's rules and procedures that the authority designates as appealable actions; and (B) Does not include any action relating to the issuance of bonds or debt, any civil service plan, or any other action not identified in subdivision (e)(3)(A). (4) This part shall not authorize or permit any class action lawsuits against any authority, except as to holders of the authority's bonds under § 68-221-611 . (5) This part shall not grant a private right of action, except as to holders of the authority's bonds under § 68-221-611 . (6) The procedures established pursuant to this subsection (e) shall constitute the exclusive method of review of actions of the board and the board's officers and employees, except as to holders of the authority's bonds under § 68-221-611 and employees in a civil service plan under § 68-221-613 .
(1) (A) Any person aggrieved by an appealable action of the board, or the board's officers or employees, may appeal the action by filing a written notice of the challenged action stating: (i) The action being appealed; (ii) The date of the appealed action; (iii) The manner in which the person is aggrieved; (iv) Each factual or legal basis for the appeal; and (v) The relief sought. (B) A notice of appeal shall be dated and signed by the appellant and shall include the appellant's mailing address and telephone number, and, if available, the appellant's electronic mail address. (C) A notice of appeal shall be filed with the authority's executive director, or the executive director's designee, within fifteen (15) days immediately following the date of the action being challenged in the notice. (D) The authority shall establish rules and procedures governing the method for consideration of appeals filed pursuant to this subsection (e). The authority shall make copies of the rules and procedures available to their customers and post a copy of their rules and procedures at the authority's principal office and on the authority's website. (E) The authority shall determine all factual and legal issues raised in an appeal and shall state in writing to the aggrieved person the reasons for its decision.
(A) Any person aggrieved by an appealable action of the board, or the board's officers or employees, may appeal the action by filing a written notice of the challenged action stating: (i) The action being appealed; (ii) The date of the appealed action; (iii) The manner in which the person is aggrieved; (iv) Each factual or legal basis for the appeal; and (v) The relief sought.
(i) The action being appealed;
(ii) The date of the appealed action;
(iii) The manner in which the person is aggrieved;
(iv) Each factual or legal basis for the appeal; and
(v) The relief sought.
(B) A notice of appeal shall be dated and signed by the appellant and shall include the appellant's mailing address and telephone number, and, if available, the appellant's electronic mail address.
(C) A notice of appeal shall be filed with the authority's executive director, or the executive director's designee, within fifteen (15) days immediately following the date of the action being challenged in the notice.
(D) The authority shall establish rules and procedures governing the method for consideration of appeals filed pursuant to this subsection (e). The authority shall make copies of the rules and procedures available to their customers and post a copy of their rules and procedures at the authority's principal office and on the authority's website.
(E) The authority shall determine all factual and legal issues raised in an appeal and shall state in writing to the aggrieved person the reasons for its decision.
(2) Any judicial review of the disposition of an appeal shall be by common law certiorari filed in a court of competent jurisdiction in the county where the authority's principal office is located. No change in the authority's fees, rates, charges, penalties, or deposits shall be stayed unless the plaintiff posts an adequate bond sufficient to compensate the authority for any losses incurred as a result of the stay.
(3) As used in this subsection (e), "appealable action": (A) Means: (i) An action relating to the authority's duty to establish, charge, administer, and collect fees, rates, charges, penalties, and deposits; and (ii) Other decisions based on the authority's rules and procedures that the authority designates as appealable actions; and (B) Does not include any action relating to the issuance of bonds or debt, any civil service plan, or any other action not identified in subdivision (e)(3)(A).
(A) Means: (i) An action relating to the authority's duty to establish, charge, administer, and collect fees, rates, charges, penalties, and deposits; and (ii) Other decisions based on the authority's rules and procedures that the authority designates as appealable actions; and
(i) An action relating to the authority's duty to establish, charge, administer, and collect fees, rates, charges, penalties, and deposits; and
(ii) Other decisions based on the authority's rules and procedures that the authority designates as appealable actions; and
(B) Does not include any action relating to the issuance of bonds or debt, any civil service plan, or any other action not identified in subdivision (e)(3)(A).
(4) This part shall not authorize or permit any class action lawsuits against any authority, except as to holders of the authority's bonds under § 68-221-611 .
(5) This part shall not grant a private right of action, except as to holders of the authority's bonds under § 68-221-611 .
(6) The procedures established pursuant to this subsection (e) shall constitute the exclusive method of review of actions of the board and the board's officers and employees, except as to holders of the authority's bonds under § 68-221-611 and employees in a civil service plan under § 68-221-613 .
Amended by 2017 Tenn. Acts, ch. 174, s 3, eff. 4/24/2017.
Amended by 2016 Tenn. Acts, ch. 1050, s 3, eff. 7/1/2016.
Acts 1974, ch. 605, § 8; T.C.A., §§ 53-6008, 68-13-608; Acts 1999, ch. 355, § 1.
Tenn. Code Ann. § 68-221-513 — TN Code / Title 68 / Chapter 221 / Section 68-221-513
Failure of municipality to comply with payment schedule - Withholding of state funds - Rate increases
Status: in_force

(a) In the event any municipality, having entered into a loan agreement, shall fail to remit funds in accordance with the amortization schedule established by the authority, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the municipality within five (5) days of the failure. (b) In the event the municipality shall fail to remit the amount set forth in the notice within sixty (60) days of the receipt of such notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes which are otherwise apportioned to the municipality for the benefit of the authority. (c) Furthermore, in the event any municipality having entered into a loan agreement shall fail to remit funds in accordance with the amortization schedule established by the authority, the municipality shall increase its fees, rates or charges for water service and/or pledge additional other available sources of revenue as are necessary to meet the obligation of the municipality according to the loan agreement. Acts 1974, ch. 671, § 13; 1975, ch. 57, § 1; 1978, ch. 843, § 12; 1982, ch. 873, § 6; T.C.A., § 53-2067; Acts 1989, ch. 233, §§ 34, 36; T.C.A., § 68-13-513.
(a) In the event any municipality, having entered into a loan agreement, shall fail to remit funds in accordance with the amortization schedule established by the authority, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the municipality within five (5) days of the failure.
(b) In the event the municipality shall fail to remit the amount set forth in the notice within sixty (60) days of the receipt of such notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes which are otherwise apportioned to the municipality for the benefit of the authority.
(c) Furthermore, in the event any municipality having entered into a loan agreement shall fail to remit funds in accordance with the amortization schedule established by the authority, the municipality shall increase its fees, rates or charges for water service and/or pledge additional other available sources of revenue as are necessary to meet the obligation of the municipality according to the loan agreement.
Acts 1974, ch. 671, § 13; 1975, ch. 57, § 1; 1978, ch. 843, § 12; 1982, ch. 873, § 6; T.C.A., § 53-2067; Acts 1989, ch. 233, §§ 34, 36; T.C.A., § 68-13-513.
Tenn. Code Ann. § 68-221-410 — TN Code / Title 68 / Chapter 221 / Section 68-221-410
Variances - Hearings - Finality of decision
Status: in_force

(a) (1) Any person whose subdivision plan has been disapproved or whose application for a subsurface sewage disposal system permit has been denied under this part and the rules and regulations promulgated pursuant to this part, may request in writing that a variance be granted by the commissioner. (2) The request should set forth in numbered paragraphs the variance requested, the reasons therefor, and be signed by the applicant. (3) The commissioner shall investigate the request for variance and inform the applicant of the commissioner's decision within ninety (90) days from the date the request is received. (4) A variance may be granted when in the opinion of the commissioner such a variance will not violate § 68-221-401 or otherwise constitute a definite health hazard. (b) (1) Where an applicant, having had a plan disapproved or a permit denied, does not wish to request a variance, or where such applicant's request for a variance is denied, or where such applicant's permit has been suspended or revoked, such applicant may request a hearing before the commissioner; provided, that nothing in this section shall require the commissioner to hold more than one (1) hearing on a particular matter. (2) Any hearing which is held pursuant to this section shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) Any decision of the commissioner to disapprove plans to deny, suspend or revoke a permit, or to deny a request for a variance, shall become a final decision and not subject to review unless the applicant requests by written petition a hearing or variance no later than thirty (30) days after such decision is received. Acts 1973, ch. 188, § 8; 1975, ch. 259, § 1; T.C.A., § 53-2051; Acts 1986, ch. 735, § 7; T.C.A., § 68-13-410.
(a) (1) Any person whose subdivision plan has been disapproved or whose application for a subsurface sewage disposal system permit has been denied under this part and the rules and regulations promulgated pursuant to this part, may request in writing that a variance be granted by the commissioner. (2) The request should set forth in numbered paragraphs the variance requested, the reasons therefor, and be signed by the applicant. (3) The commissioner shall investigate the request for variance and inform the applicant of the commissioner's decision within ninety (90) days from the date the request is received. (4) A variance may be granted when in the opinion of the commissioner such a variance will not violate § 68-221-401 or otherwise constitute a definite health hazard.
(1) Any person whose subdivision plan has been disapproved or whose application for a subsurface sewage disposal system permit has been denied under this part and the rules and regulations promulgated pursuant to this part, may request in writing that a variance be granted by the commissioner.
(2) The request should set forth in numbered paragraphs the variance requested, the reasons therefor, and be signed by the applicant.
(3) The commissioner shall investigate the request for variance and inform the applicant of the commissioner's decision within ninety (90) days from the date the request is received.
(4) A variance may be granted when in the opinion of the commissioner such a variance will not violate § 68-221-401 or otherwise constitute a definite health hazard.
(b) (1) Where an applicant, having had a plan disapproved or a permit denied, does not wish to request a variance, or where such applicant's request for a variance is denied, or where such applicant's permit has been suspended or revoked, such applicant may request a hearing before the commissioner; provided, that nothing in this section shall require the commissioner to hold more than one (1) hearing on a particular matter. (2) Any hearing which is held pursuant to this section shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Where an applicant, having had a plan disapproved or a permit denied, does not wish to request a variance, or where such applicant's request for a variance is denied, or where such applicant's permit has been suspended or revoked, such applicant may request a hearing before the commissioner; provided, that nothing in this section shall require the commissioner to hold more than one (1) hearing on a particular matter.
(2) Any hearing which is held pursuant to this section shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) Any decision of the commissioner to disapprove plans to deny, suspend or revoke a permit, or to deny a request for a variance, shall become a final decision and not subject to review unless the applicant requests by written petition a hearing or variance no later than thirty (30) days after such decision is received.
Acts 1973, ch. 188, § 8; 1975, ch. 259, § 1; T.C.A., § 53-2051; Acts 1986, ch. 735, § 7; T.C.A., § 68-13-410.
Tenn. Code Ann. § 68-221-713 — TN Code / Title 68 / Chapter 221 / Section 68-221-713
Penalties
Status: in_force

(a) (1) Any person who violates or fails to comply with any provision of this part, any order of the commissioner or the board issued pursuant to this part or any rule, regulation or standard adopted pursuant to this part is subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation. (2) Each day such violation continues constitutes a separate violation. (3) In addition, such person shall also be liable for any damages to the state resulting therefrom, without regard to whether any civil penalty is assessed. (b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages; (2) (A) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. (B) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; and (3) (A) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. (B) The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment. (c) The commissioner, through the attorney general and reporter, may initiate proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violations occurred, in the name of the department. (d) In assessing a civil penalty, the following factors may be considered: (1) The harm done to the public health or the environment; (2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (3) The economic benefit gained by the violator; (4) The amount of effort put forth by the violator to remedy this violation; (5) Any unusual or extraordinary enforcement costs incurred by the commissioner; and (6) The amount of penalty set by the board for specific categories of violations. (e) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation. (f) (1) Any person violating, or failing, neglecting or refusing to comply with any of this part or rules or regulations commits a Class C misdemeanor. (2) Each day upon which such violation occurs constitutes a separate offense. (g) Any person who willfully and knowingly pollutes or threatens to pollute any public drinking water system in this state or willfully fails, neglects or refuses to comply with any of this part commits a Class E felony. (h) No warrant, presentment or indictment arising under this part shall be issued except upon application by the board or the commissioner or upon such application authorized in writing by either of these. Acts 1983, ch. 324, § 14; 1989, ch. 591, § 113; T.C.A., § 68-13-713; Acts 1989, ch. 591, §§ 1, 6.
(a) (1) Any person who violates or fails to comply with any provision of this part, any order of the commissioner or the board issued pursuant to this part or any rule, regulation or standard adopted pursuant to this part is subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation. (2) Each day such violation continues constitutes a separate violation. (3) In addition, such person shall also be liable for any damages to the state resulting therefrom, without regard to whether any civil penalty is assessed.
(1) Any person who violates or fails to comply with any provision of this part, any order of the commissioner or the board issued pursuant to this part or any rule, regulation or standard adopted pursuant to this part is subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation.
(2) Each day such violation continues constitutes a separate violation.
(3) In addition, such person shall also be liable for any damages to the state resulting therefrom, without regard to whether any civil penalty is assessed.
(b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages; (2) (A) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. (B) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; and (3) (A) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. (B) The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(1) The commissioner may issue an assessment against any person responsible for the violation or damages;
(2) (A) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. (B) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; and
(A) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board.
(B) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; and
(3) (A) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. (B) The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(A) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment.
(B) The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(c) The commissioner, through the attorney general and reporter, may initiate proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violations occurred, in the name of the department.
(d) In assessing a civil penalty, the following factors may be considered: (1) The harm done to the public health or the environment; (2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (3) The economic benefit gained by the violator; (4) The amount of effort put forth by the violator to remedy this violation; (5) Any unusual or extraordinary enforcement costs incurred by the commissioner; and (6) The amount of penalty set by the board for specific categories of violations.
(1) The harm done to the public health or the environment;
(2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(3) The economic benefit gained by the violator;
(4) The amount of effort put forth by the violator to remedy this violation;
(5) Any unusual or extraordinary enforcement costs incurred by the commissioner; and
(6) The amount of penalty set by the board for specific categories of violations.
(e) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation.
(f) (1) Any person violating, or failing, neglecting or refusing to comply with any of this part or rules or regulations commits a Class C misdemeanor. (2) Each day upon which such violation occurs constitutes a separate offense.
(1) Any person violating, or failing, neglecting or refusing to comply with any of this part or rules or regulations commits a Class C misdemeanor.
(2) Each day upon which such violation occurs constitutes a separate offense.
(g) Any person who willfully and knowingly pollutes or threatens to pollute any public drinking water system in this state or willfully fails, neglects or refuses to comply with any of this part commits a Class E felony.
(h) No warrant, presentment or indictment arising under this part shall be issued except upon application by the board or the commissioner or upon such application authorized in writing by either of these.
Acts 1983, ch. 324, § 14; 1989, ch. 591, § 113; T.C.A., § 68-13-713; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 68-221-102 — TN Code / Title 68 / Chapter 221 / Section 68-221-102
Supervision over construction of water supply and sewerage systems - Certification of local standards
Status: in_force

(a) (1) The department shall exercise general supervision over the construction of public water supplies and public sewerage systems throughout the state. (2) Such general supervision shall include all of the features of construction of waterworks systems which do or may affect the sanitary quality of the water supply and all features of construction of sewerage systems which do or may affect the proper collection, treatment or disposal of sewage. (3) No new construction shall be done, nor shall any change be made in any public water supply or public sewerage system, until the plans for such new construction or change have been submitted to and approved by the department. (4) No public sewerage system using land application or treatment shall be approved or certified by the commissioner which proposes to use land having a water table at an elevation which would preclude adequate treatment of the wastewater and which may result in surface or ground water pollution as provided in title 69, chapter 3, part 1. (5) In granting approval of such plans, the department may specify such modifications, conditions and regulations as may be required for the protection of the public health. (6) The department is authorized to investigate the public water supplies and public sewerage systems throughout the state as often as is deemed necessary by the commissioner. (7) The department is empowered to adopt and enforce rules and regulations governing the construction of public water supply and public sewerage systems, and may require the submission of samples of water or sewage for examination. (8) (A) Records of construction including plans and descriptions of existing works shall be made available to the department upon request. (B) The person in charge of the public water supply or public sewerage system shall promptly comply with such request. (9) The department is authorized to operate a program for the certification of laboratories to perform analyses of water and wastewater. (b) (1) Any unit of local government which imposes standards and requirements for the construction of public water supply and sewerage systems may apply to the commissioner for the commissioner's certification that the locally imposed standards and requirements are at least as sufficient to protect the public health as those of the department. (2) After certification, submission of plans to and approval by the local government for construction and changes in public water supplies and sewerage systems shall be sufficient in lieu of approval by the department as otherwise required by this section. (3) The commissioner may periodically review the local standards and requirements and prescribe changes upon which continued certification may be conditioned. Acts 1945, ch. 52, § 2; C. Supp. 1950, § 5826.2; Acts 1977, ch. 58, § 1; 1978, ch. 681, § 1; 1981, ch. 208, § 1; T.C.A., (orig. ed.), §§ 53-2002, 68-13-102.
(a) (1) The department shall exercise general supervision over the construction of public water supplies and public sewerage systems throughout the state. (2) Such general supervision shall include all of the features of construction of waterworks systems which do or may affect the sanitary quality of the water supply and all features of construction of sewerage systems which do or may affect the proper collection, treatment or disposal of sewage. (3) No new construction shall be done, nor shall any change be made in any public water supply or public sewerage system, until the plans for such new construction or change have been submitted to and approved by the department. (4) No public sewerage system using land application or treatment shall be approved or certified by the commissioner which proposes to use land having a water table at an elevation which would preclude adequate treatment of the wastewater and which may result in surface or ground water pollution as provided in title 69, chapter 3, part 1. (5) In granting approval of such plans, the department may specify such modifications, conditions and regulations as may be required for the protection of the public health. (6) The department is authorized to investigate the public water supplies and public sewerage systems throughout the state as often as is deemed necessary by the commissioner. (7) The department is empowered to adopt and enforce rules and regulations governing the construction of public water supply and public sewerage systems, and may require the submission of samples of water or sewage for examination. (8) (A) Records of construction including plans and descriptions of existing works shall be made available to the department upon request. (B) The person in charge of the public water supply or public sewerage system shall promptly comply with such request. (9) The department is authorized to operate a program for the certification of laboratories to perform analyses of water and wastewater.
(1) The department shall exercise general supervision over the construction of public water supplies and public sewerage systems throughout the state.
(2) Such general supervision shall include all of the features of construction of waterworks systems which do or may affect the sanitary quality of the water supply and all features of construction of sewerage systems which do or may affect the proper collection, treatment or disposal of sewage.
(3) No new construction shall be done, nor shall any change be made in any public water supply or public sewerage system, until the plans for such new construction or change have been submitted to and approved by the department.
(4) No public sewerage system using land application or treatment shall be approved or certified by the commissioner which proposes to use land having a water table at an elevation which would preclude adequate treatment of the wastewater and which may result in surface or ground water pollution as provided in title 69, chapter 3, part 1.
(5) In granting approval of such plans, the department may specify such modifications, conditions and regulations as may be required for the protection of the public health.
(6) The department is authorized to investigate the public water supplies and public sewerage systems throughout the state as often as is deemed necessary by the commissioner.
(7) The department is empowered to adopt and enforce rules and regulations governing the construction of public water supply and public sewerage systems, and may require the submission of samples of water or sewage for examination.
(8) (A) Records of construction including plans and descriptions of existing works shall be made available to the department upon request. (B) The person in charge of the public water supply or public sewerage system shall promptly comply with such request.
(A) Records of construction including plans and descriptions of existing works shall be made available to the department upon request.
(B) The person in charge of the public water supply or public sewerage system shall promptly comply with such request.
(9) The department is authorized to operate a program for the certification of laboratories to perform analyses of water and wastewater.
(b) (1) Any unit of local government which imposes standards and requirements for the construction of public water supply and sewerage systems may apply to the commissioner for the commissioner's certification that the locally imposed standards and requirements are at least as sufficient to protect the public health as those of the department. (2) After certification, submission of plans to and approval by the local government for construction and changes in public water supplies and sewerage systems shall be sufficient in lieu of approval by the department as otherwise required by this section. (3) The commissioner may periodically review the local standards and requirements and prescribe changes upon which continued certification may be conditioned.
(1) Any unit of local government which imposes standards and requirements for the construction of public water supply and sewerage systems may apply to the commissioner for the commissioner's certification that the locally imposed standards and requirements are at least as sufficient to protect the public health as those of the department.
(2) After certification, submission of plans to and approval by the local government for construction and changes in public water supplies and sewerage systems shall be sufficient in lieu of approval by the department as otherwise required by this section.
(3) The commissioner may periodically review the local standards and requirements and prescribe changes upon which continued certification may be conditioned.
Acts 1945, ch. 52, § 2; C. Supp. 1950, § 5826.2; Acts 1977, ch. 58, § 1; 1978, ch. 681, § 1; 1981, ch. 208, § 1; T.C.A., (orig. ed.), §§ 53-2002, 68-13-102.
Tenn. Code Ann. § 68-221-1309 — TN Code / Title 68 / Chapter 221 / Section 68-221-1309
Collection from industrial users for construction costs - Assumption of commitment to repay recovery costs - Allocation of right to discharge industrial wastes into system
Status: in_force

(a) (1) In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from those industrial users all or any part of the construction costs of the treatment works reasonably attributed to treatment of the industrial wastes. (2) The apportionment of the costs shall be equitable as among industrial users, and the costs may be collected by assessment, connection fee, periodic charges, or by other method or combinations of methods as in the judgment of the authority is equitable and will assure industrial cost recovery. (b) (1) The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that the assumption shall not release the original or former user without the written consent of the agency, which consent shall not be unreasonably withheld. (2) The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system. (3) In the event of reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to the industrial user's increased use of the system. Acts 2007, ch. 250, § 1.
(a) (1) In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from those industrial users all or any part of the construction costs of the treatment works reasonably attributed to treatment of the industrial wastes. (2) The apportionment of the costs shall be equitable as among industrial users, and the costs may be collected by assessment, connection fee, periodic charges, or by other method or combinations of methods as in the judgment of the authority is equitable and will assure industrial cost recovery.
(1) In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from those industrial users all or any part of the construction costs of the treatment works reasonably attributed to treatment of the industrial wastes.
(2) The apportionment of the costs shall be equitable as among industrial users, and the costs may be collected by assessment, connection fee, periodic charges, or by other method or combinations of methods as in the judgment of the authority is equitable and will assure industrial cost recovery.
(b) (1) The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that the assumption shall not release the original or former user without the written consent of the agency, which consent shall not be unreasonably withheld. (2) The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system. (3) In the event of reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to the industrial user's increased use of the system.
(1) The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that the assumption shall not release the original or former user without the written consent of the agency, which consent shall not be unreasonably withheld.
(2) The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system.
(3) In the event of reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to the industrial user's increased use of the system.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-212-207 — TN Code / Title 68 / Chapter 212 / Section 68-212-207
Liability for costs, expenditures, and damages
Status: in_force

(a) Whenever a hazardous substance site is placed on the list of hazardous substance sites pursuant to § 68-212-206(e) , or whenever the commissioner otherwise begins to expend money for the investigation, identification, containment or clean-up of a particular site under this part, the commissioner may issue an order to any liable party assessing that party's apportioned share of all costs expended or to be expended. (b) (1) In assessing a party's apportioned share, the commissioner may consider equitable factors, including, but not limited to, the following: (A) Any monetary or other benefit accruing to each liable party from the disposal of hazardous substances upon the site; (B) The culpability of each liable party in placing hazardous substances upon the site; (C) Efforts of each liable party to restore the land, water, air and all other aspects of the site to its natural condition; (D) Any expenditures required by this part made by a liable party shall be credited toward that party's share of the cost; (E) The party's portion of the total volume of hazardous substances at the hazardous substance site; (F) The monetary benefit accruing to an owner as a result of the clean up of the site if, at the time of acquisition of the site, such owner knew or should have known that hazardous substances were previously disposed of at the site; and (G) The monetary benefit accruing to an owner as a result of the clean-up of the site if such owner was the owner at the time hazardous substances were disposed of on the property and knew or should have known of such disposal. (2) Any person against whom an assessment is issued may secure a review of the propriety or amount of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objection and asking for a hearing before the underground storage tanks and solid waste disposal control board. Any such assessment shall become final and not subject to review unless the person named therein files such a petition within thirty (30) days after it is received. (3) In no event shall the total moneys recovered from the liable party or parties exceed the total expenditure from the fund for such site, except that the commissioner may recover punitive damages as provided in subsection (c). (4) Any party found liable for any costs or expenditures recoverable under this part who establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to such party's actions shall be required to pay only for such portion. (5) The fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section. All moneys recovered from liable parties pursuant to this section shall be deposited in the fund. (c) Any liable party who fails without sufficient cause to properly provide for removal of hazardous substances or remedial action upon order of the commissioner pursuant to this part may be liable to the state for punitive damages in an amount equal to one hundred fifty percent (150%) of the amount of any costs incurred by the fund as a result of such failure to take proper action. The commissioner shall recover the punitive damages in an action commenced under subsection (b) or in a separate civil action, and such punitive damages shall be in addition to any costs recovered from such liable party pursuant to this part. Any punitive damages awarded pursuant to this subsection (c) shall be deposited in the fund. (d) No person shall be liable under this part for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of an on-scene coordinator appointed by the commissioner, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat thereof. This subsection (d) shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person. For the purposes of the preceding sentence, reckless, willful, or wanton misconduct constitutes gross negligence. (e) Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government and the state government shall be subject to, and comply with, this part in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section. (f) No person, including the state, may recover under the authority of this section for any response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. § 135 et seq.). Acts 1983, ch. 423, § 7; 1986, ch. 644, §§ 15, 16; T.C.A., § 68-46-207; Acts 1994, ch. 890, § 10; 2007 , ch. 362, §§ 20, 21.
(a) Whenever a hazardous substance site is placed on the list of hazardous substance sites pursuant to § 68-212-206(e) , or whenever the commissioner otherwise begins to expend money for the investigation, identification, containment or clean-up of a particular site under this part, the commissioner may issue an order to any liable party assessing that party's apportioned share of all costs expended or to be expended.
(b) (1) In assessing a party's apportioned share, the commissioner may consider equitable factors, including, but not limited to, the following: (A) Any monetary or other benefit accruing to each liable party from the disposal of hazardous substances upon the site; (B) The culpability of each liable party in placing hazardous substances upon the site; (C) Efforts of each liable party to restore the land, water, air and all other aspects of the site to its natural condition; (D) Any expenditures required by this part made by a liable party shall be credited toward that party's share of the cost; (E) The party's portion of the total volume of hazardous substances at the hazardous substance site; (F) The monetary benefit accruing to an owner as a result of the clean up of the site if, at the time of acquisition of the site, such owner knew or should have known that hazardous substances were previously disposed of at the site; and (G) The monetary benefit accruing to an owner as a result of the clean-up of the site if such owner was the owner at the time hazardous substances were disposed of on the property and knew or should have known of such disposal. (2) Any person against whom an assessment is issued may secure a review of the propriety or amount of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objection and asking for a hearing before the underground storage tanks and solid waste disposal control board. Any such assessment shall become final and not subject to review unless the person named therein files such a petition within thirty (30) days after it is received. (3) In no event shall the total moneys recovered from the liable party or parties exceed the total expenditure from the fund for such site, except that the commissioner may recover punitive damages as provided in subsection (c). (4) Any party found liable for any costs or expenditures recoverable under this part who establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to such party's actions shall be required to pay only for such portion. (5) The fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section. All moneys recovered from liable parties pursuant to this section shall be deposited in the fund.
(1) In assessing a party's apportioned share, the commissioner may consider equitable factors, including, but not limited to, the following: (A) Any monetary or other benefit accruing to each liable party from the disposal of hazardous substances upon the site; (B) The culpability of each liable party in placing hazardous substances upon the site; (C) Efforts of each liable party to restore the land, water, air and all other aspects of the site to its natural condition; (D) Any expenditures required by this part made by a liable party shall be credited toward that party's share of the cost; (E) The party's portion of the total volume of hazardous substances at the hazardous substance site; (F) The monetary benefit accruing to an owner as a result of the clean up of the site if, at the time of acquisition of the site, such owner knew or should have known that hazardous substances were previously disposed of at the site; and (G) The monetary benefit accruing to an owner as a result of the clean-up of the site if such owner was the owner at the time hazardous substances were disposed of on the property and knew or should have known of such disposal.
(A) Any monetary or other benefit accruing to each liable party from the disposal of hazardous substances upon the site;
(B) The culpability of each liable party in placing hazardous substances upon the site;
(C) Efforts of each liable party to restore the land, water, air and all other aspects of the site to its natural condition;
(D) Any expenditures required by this part made by a liable party shall be credited toward that party's share of the cost;
(E) The party's portion of the total volume of hazardous substances at the hazardous substance site;
(F) The monetary benefit accruing to an owner as a result of the clean up of the site if, at the time of acquisition of the site, such owner knew or should have known that hazardous substances were previously disposed of at the site; and
(G) The monetary benefit accruing to an owner as a result of the clean-up of the site if such owner was the owner at the time hazardous substances were disposed of on the property and knew or should have known of such disposal.
(2) Any person against whom an assessment is issued may secure a review of the propriety or amount of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objection and asking for a hearing before the underground storage tanks and solid waste disposal control board. Any such assessment shall become final and not subject to review unless the person named therein files such a petition within thirty (30) days after it is received.
(3) In no event shall the total moneys recovered from the liable party or parties exceed the total expenditure from the fund for such site, except that the commissioner may recover punitive damages as provided in subsection (c).
(4) Any party found liable for any costs or expenditures recoverable under this part who establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to such party's actions shall be required to pay only for such portion.
(5) The fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section. All moneys recovered from liable parties pursuant to this section shall be deposited in the fund.
(c) Any liable party who fails without sufficient cause to properly provide for removal of hazardous substances or remedial action upon order of the commissioner pursuant to this part may be liable to the state for punitive damages in an amount equal to one hundred fifty percent (150%) of the amount of any costs incurred by the fund as a result of such failure to take proper action. The commissioner shall recover the punitive damages in an action commenced under subsection (b) or in a separate civil action, and such punitive damages shall be in addition to any costs recovered from such liable party pursuant to this part. Any punitive damages awarded pursuant to this subsection (c) shall be deposited in the fund.
(d) No person shall be liable under this part for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of an on-scene coordinator appointed by the commissioner, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat thereof. This subsection (d) shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person. For the purposes of the preceding sentence, reckless, willful, or wanton misconduct constitutes gross negligence.
(e) Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government and the state government shall be subject to, and comply with, this part in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section.
(f) No person, including the state, may recover under the authority of this section for any response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. § 135 et seq.).
Acts 1983, ch. 423, § 7; 1986, ch. 644, §§ 15, 16; T.C.A., § 68-46-207; Acts 1994, ch. 890, § 10; 2007 , ch. 362, §§ 20, 21.