Tenn. Code Ann. § 68-202-601 — TN Code / Title 68 / Chapter 202 / Section 68-202-601
Definitions - Text of compact
Status: in_force

By this part, Tennessee shall become a party to the southern states nuclear compact in accordance with the terms of the compact. "Compact" means the southern states nuclear compact. "Board" means the southern states energy board. The compact is as follows: Article I. Policy and Purpose The party states recognize that the proper employment and conservation of energy, and employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that the optimum benefit from the acquisition of energy resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well-being of the region's people. Article II. The Board (a) There is hereby created an agency of the party states to be known as the "southern states energy board", hereinafter called the board. The board shall be composed of three (3) members from each party state, one (1) of whom shall be appointed or designated in each state to represent the governor, the state senate, and the state house of representatives respectively. Each member shall be designated or appointed in accordance with the law of the state which the member represents and serves and subject to removal in accordance with such law. Any member of the board may provide for the discharge of such member's duties and the performance of such member's functions thereon (either for the duration of such person's membership or for any lesser period of time) by a deputy or assistant, if the laws of such member's state make specific provision therefor. The federal government may be represented without vote if provision is made by federal law for such representation. (b) Each party state shall be entitled to one (1) vote on the board, to be determined by majority vote of each member or member's representatives from the party state present and voting on any question. No action of the board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the board are cast in favor thereof. (c) The board shall have a seal. (d) The board shall elect annually, from among its members, a chair, a vice chair, and a treasurer. The board shall appoint an executive director who shall serve at its pleasure and who shall also act as secretary, and who, together with the treasurer, shall be bonded in such amounts as the board may require. (e) The executive director, with the approval of the board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states. (f) The board may establish and maintain, independently or in conjunction with any one (1) or more of the party states, a suitable retirement system for its full-time employees. Employees of the board shall be eligible for social security coverage in respect of old age and survivors insurance; provided, that the board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate. (g) The board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation. (h) The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same. (i) The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein. (j) The board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The board shall publish its bylaws, rules and regulations in convenient form and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. (k) The board annually shall make to the governor of each party state, a report covering the activities of the board for the preceding year, and embodying such recommendations as may have been adopted by the board, which report shall be transmitted to the legislature of the state. The board may issue such additional reports as it may deem desirable. Article III. Finances (a) The board shall submit to the executive head or designated officer or officers of each state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. (b) Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One half (1/2) of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one-quarter (1/4) of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one-quarter (1/4) of each such budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census-taking agency. Subject to appropriation by their respective legislatures, the board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the board. (c) The board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact; provided, that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under Article II (h), the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same. (d) The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual report of the board. (e) The accounts of the board shall be open at any reasonable time for inspection. Article IV. Advisory Committees The board may establish such advisory and technical committees as it may deem necessary, membership on which to include, but not to be limited to, private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may cooperate with and use the services of any such committees and the organization which they represent in furthering any of its activities under this compact. Article V. Powers The board has power to: (a) Ascertain and analyze on a continuing basis the position of the South with respect to energy, energy-related industries, and environmental concerns. (b) Encourage the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as a part of a balanced economy and healthy environment. (c) Collect, correlate and disseminate information relating to civilian uses of energy and energy-related materials and products. (d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of: (1) Energy, environment, and application of energy, environmental and related concerns to industry, medicine, or education or the promotion or regulation thereof. (2) The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes. (e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare. (f) Undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region. (g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields. (h) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions. (i) Prepare, publish and distribute (with or without charge), such reports, bulletins, newsletters or other material as it deems appropriate. (j) Cooperate with the United States department of energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests. (k) Act as licensee of the United States government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto. (l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental and other energy-related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact. Article VI. Supplemental Agreements (a) To the extent that the board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two (2) or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the board. The board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the board. (b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the board may administer or otherwise assist in the operation of any supplementary agreement. (c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by such party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact. Article VII. Other Laws and Relationships Nothing in this compact shall be construed to: (a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force. (b) Limit, diminish, or otherwise impair jurisdiction exercised by the United States department of energy, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of congress. (c) Alter the relations between the respective internal responsibilities of the government of a party state and its subdivisions. (d) Permit or authorize the board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the board own or operate any facility or installation for industrial or commercial purposes. Article VIII. Eligible Parties, Entry into Force and Withdrawal (a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact. (b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: provided, that it shall not become initially effective until enacted into law by seven (7) states. (c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing such governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. (d) The 1980 amendments to this compact shall take effect at such a time as nine (9) of the party states to the southern interstate nuclear compact approve substantially the same changes in such compact by their respective state legislatures and at such a time as the congress of the United States consents to the compact as amended. The secretary of state shall request the Southern Legislative Conference of the Council of State Governments to communicate to the secretary of state at such a time as the nine (9) party states and the congress of the United States approve and consent to the amendments to such compact. Article IX. Severability and Construction The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof. Acts 1961, ch. 104, § 1; 1965, ch. 240, § 1; 1980, ch. 466, §§ 1-18; T.C.A., §§ 53-3501, 68-23-601.
By this part, Tennessee shall become a party to the southern states nuclear compact in accordance with the terms of the compact. "Compact" means the southern states nuclear compact. "Board" means the southern states energy board. The compact is as follows:
Article I. Policy and Purpose The party states recognize that the proper employment and conservation of energy, and employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that the optimum benefit from the acquisition of energy resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well-being of the region's people.
The party states recognize that the proper employment and conservation of energy, and employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that the optimum benefit from the acquisition of energy resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well-being of the region's people.
Article II. The Board (a) There is hereby created an agency of the party states to be known as the "southern states energy board", hereinafter called the board. The board shall be composed of three (3) members from each party state, one (1) of whom shall be appointed or designated in each state to represent the governor, the state senate, and the state house of representatives respectively. Each member shall be designated or appointed in accordance with the law of the state which the member represents and serves and subject to removal in accordance with such law. Any member of the board may provide for the discharge of such member's duties and the performance of such member's functions thereon (either for the duration of such person's membership or for any lesser period of time) by a deputy or assistant, if the laws of such member's state make specific provision therefor. The federal government may be represented without vote if provision is made by federal law for such representation. (b) Each party state shall be entitled to one (1) vote on the board, to be determined by majority vote of each member or member's representatives from the party state present and voting on any question. No action of the board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the board are cast in favor thereof. (c) The board shall have a seal. (d) The board shall elect annually, from among its members, a chair, a vice chair, and a treasurer. The board shall appoint an executive director who shall serve at its pleasure and who shall also act as secretary, and who, together with the treasurer, shall be bonded in such amounts as the board may require. (e) The executive director, with the approval of the board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states. (f) The board may establish and maintain, independently or in conjunction with any one (1) or more of the party states, a suitable retirement system for its full-time employees. Employees of the board shall be eligible for social security coverage in respect of old age and survivors insurance; provided, that the board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate. (g) The board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation. (h) The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same. (i) The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein. (j) The board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The board shall publish its bylaws, rules and regulations in convenient form and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. (k) The board annually shall make to the governor of each party state, a report covering the activities of the board for the preceding year, and embodying such recommendations as may have been adopted by the board, which report shall be transmitted to the legislature of the state. The board may issue such additional reports as it may deem desirable.
(a) There is hereby created an agency of the party states to be known as the "southern states energy board", hereinafter called the board. The board shall be composed of three (3) members from each party state, one (1) of whom shall be appointed or designated in each state to represent the governor, the state senate, and the state house of representatives respectively. Each member shall be designated or appointed in accordance with the law of the state which the member represents and serves and subject to removal in accordance with such law. Any member of the board may provide for the discharge of such member's duties and the performance of such member's functions thereon (either for the duration of such person's membership or for any lesser period of time) by a deputy or assistant, if the laws of such member's state make specific provision therefor. The federal government may be represented without vote if provision is made by federal law for such representation.
(b) Each party state shall be entitled to one (1) vote on the board, to be determined by majority vote of each member or member's representatives from the party state present and voting on any question. No action of the board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the board are cast in favor thereof.
(c) The board shall have a seal.
(d) The board shall elect annually, from among its members, a chair, a vice chair, and a treasurer. The board shall appoint an executive director who shall serve at its pleasure and who shall also act as secretary, and who, together with the treasurer, shall be bonded in such amounts as the board may require.
(e) The executive director, with the approval of the board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states.
(f) The board may establish and maintain, independently or in conjunction with any one (1) or more of the party states, a suitable retirement system for its full-time employees. Employees of the board shall be eligible for social security coverage in respect of old age and survivors insurance; provided, that the board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
(g) The board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.
(h) The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same.
(i) The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.
(j) The board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The board shall publish its bylaws, rules and regulations in convenient form and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
(k) The board annually shall make to the governor of each party state, a report covering the activities of the board for the preceding year, and embodying such recommendations as may have been adopted by the board, which report shall be transmitted to the legislature of the state. The board may issue such additional reports as it may deem desirable.
Article III. Finances (a) The board shall submit to the executive head or designated officer or officers of each state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. (b) Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One half (1/2) of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one-quarter (1/4) of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one-quarter (1/4) of each such budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census-taking agency. Subject to appropriation by their respective legislatures, the board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the board. (c) The board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact; provided, that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under Article II (h), the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same. (d) The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual report of the board. (e) The accounts of the board shall be open at any reasonable time for inspection.
(a) The board shall submit to the executive head or designated officer or officers of each state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.
(b) Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One half (1/2) of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one-quarter (1/4) of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one-quarter (1/4) of each such budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census-taking agency. Subject to appropriation by their respective legislatures, the board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the board.
(c) The board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact; provided, that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under Article II (h), the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.
(d) The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual report of the board.
(e) The accounts of the board shall be open at any reasonable time for inspection.
Article IV. Advisory Committees The board may establish such advisory and technical committees as it may deem necessary, membership on which to include, but not to be limited to, private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may cooperate with and use the services of any such committees and the organization which they represent in furthering any of its activities under this compact.
The board may establish such advisory and technical committees as it may deem necessary, membership on which to include, but not to be limited to, private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may cooperate with and use the services of any such committees and the organization which they represent in furthering any of its activities under this compact.
Article V. Powers The board has power to: (a) Ascertain and analyze on a continuing basis the position of the South with respect to energy, energy-related industries, and environmental concerns. (b) Encourage the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as a part of a balanced economy and healthy environment. (c) Collect, correlate and disseminate information relating to civilian uses of energy and energy-related materials and products. (d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of: (1) Energy, environment, and application of energy, environmental and related concerns to industry, medicine, or education or the promotion or regulation thereof. (2) The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes. (e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare. (f) Undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region. (g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields. (h) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions. (i) Prepare, publish and distribute (with or without charge), such reports, bulletins, newsletters or other material as it deems appropriate. (j) Cooperate with the United States department of energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests. (k) Act as licensee of the United States government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto. (l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental and other energy-related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.
The board has power to:
(a) Ascertain and analyze on a continuing basis the position of the South with respect to energy, energy-related industries, and environmental concerns.
(b) Encourage the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as a part of a balanced economy and healthy environment.
(c) Collect, correlate and disseminate information relating to civilian uses of energy and energy-related materials and products.
(d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of: (1) Energy, environment, and application of energy, environmental and related concerns to industry, medicine, or education or the promotion or regulation thereof. (2) The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes.
(1) Energy, environment, and application of energy, environmental and related concerns to industry, medicine, or education or the promotion or regulation thereof.
(2) The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes.
(e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare.
(f) Undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region.
(g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields.
(h) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.
(i) Prepare, publish and distribute (with or without charge), such reports, bulletins, newsletters or other material as it deems appropriate.
(j) Cooperate with the United States department of energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests.
(k) Act as licensee of the United States government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto.
(l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental and other energy-related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.
Article VI. Supplemental Agreements (a) To the extent that the board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two (2) or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the board. The board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the board. (b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the board may administer or otherwise assist in the operation of any supplementary agreement. (c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by such party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
(a) To the extent that the board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two (2) or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the board. The board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the board.
(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the board may administer or otherwise assist in the operation of any supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by such party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
Article VII. Other Laws and Relationships Nothing in this compact shall be construed to: (a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force. (b) Limit, diminish, or otherwise impair jurisdiction exercised by the United States department of energy, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of congress. (c) Alter the relations between the respective internal responsibilities of the government of a party state and its subdivisions. (d) Permit or authorize the board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the board own or operate any facility or installation for industrial or commercial purposes.
Nothing in this compact shall be construed to:
(a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.
(b) Limit, diminish, or otherwise impair jurisdiction exercised by the United States department of energy, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of congress.
(c) Alter the relations between the respective internal responsibilities of the government of a party state and its subdivisions.
(d) Permit or authorize the board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the board own or operate any facility or installation for industrial or commercial purposes.
Article VIII. Eligible Parties, Entry into Force and Withdrawal (a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact. (b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: provided, that it shall not become initially effective until enacted into law by seven (7) states. (c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing such governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. (d) The 1980 amendments to this compact shall take effect at such a time as nine (9) of the party states to the southern interstate nuclear compact approve substantially the same changes in such compact by their respective state legislatures and at such a time as the congress of the United States consents to the compact as amended. The secretary of state shall request the Southern Legislative Conference of the Council of State Governments to communicate to the secretary of state at such a time as the nine (9) party states and the congress of the United States approve and consent to the amendments to such compact.
(a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact.
(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: provided, that it shall not become initially effective until enacted into law by seven (7) states.
(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing such governors of the action of the legislature in repealing the compact and declaring an intention to withdraw.
(d) The 1980 amendments to this compact shall take effect at such a time as nine (9) of the party states to the southern interstate nuclear compact approve substantially the same changes in such compact by their respective state legislatures and at such a time as the congress of the United States consents to the compact as amended. The secretary of state shall request the Southern Legislative Conference of the Council of State Governments to communicate to the secretary of state at such a time as the nine (9) party states and the congress of the United States approve and consent to the amendments to such compact.
Article IX. Severability and Construction The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof.
The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof.
Acts 1961, ch. 104, § 1; 1965, ch. 240, § 1; 1980, ch. 466, §§ 1-18; T.C.A., §§ 53-3501, 68-23-601.
Tenn. Code Ann. § 68-221-1313 — TN Code / Title 68 / Chapter 221 / Section 68-221-1313
Powers of creating and participating governmental entities
Status: in_force

Any creating governmental entity and any participating governmental entity has all necessary powers in order to further the purposes of this part, including, but not limited to, the following, any or all of which powers may be exercised by resolution of the governmental entity's governing body, to: (1) Advance, donate or lend money on real or personal property to the authority; (2) Provide that any funds on hand or to become available to the governmental entity for treatment works purposes shall be paid directly to the authority; (3) Sell, lease, dedicate, donate or otherwise convey to the authority any of the governmental entity's interest in any existing treatment works or other related property, or grant easements, licenses or other rights or privileges therein to the authority; (4) Enter into agreements with the authority with regard to the transfer of the governmental entity's treatment works' employees to the authority with the retention by the employees of any accrued rights in pension, disability, hospitalization and death benefits; and (5) Permit the governmental entity's rights, duties and powers under the governmental entity's charter or the laws of the state to be performed or exercised by the authority. Acts 2007, ch. 250, § 1.
Any creating governmental entity and any participating governmental entity has all necessary powers in order to further the purposes of this part, including, but not limited to, the following, any or all of which powers may be exercised by resolution of the governmental entity's governing body, to:
(1) Advance, donate or lend money on real or personal property to the authority;
(2) Provide that any funds on hand or to become available to the governmental entity for treatment works purposes shall be paid directly to the authority;
(3) Sell, lease, dedicate, donate or otherwise convey to the authority any of the governmental entity's interest in any existing treatment works or other related property, or grant easements, licenses or other rights or privileges therein to the authority;
(4) Enter into agreements with the authority with regard to the transfer of the governmental entity's treatment works' employees to the authority with the retention by the employees of any accrued rights in pension, disability, hospitalization and death benefits; and
(5) Permit the governmental entity's rights, duties and powers under the governmental entity's charter or the laws of the state to be performed or exercised by the authority.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-221-1005 — TN Code / Title 68 / Chapter 221 / Section 68-221-1005
Program for loans, financing and refinancing - Powers of department and authority - Audit - Assignment of rights and obligations
Status: in_force

(a) The department, in conjunction with the authority, shall administer a program for low cost loans to local governments for wastewater facilities, and shall adopt regulations to govern the application procedure for loans under this part. (b) The department shall recommend to the authority an appropriate financing method for each wastewater facility which has applied for financial assistance under this part and which appears on the construction grants program wastewater treatment project priority list established under the authority of part 8 of this chapter. As part of the recommended financing method, the department may consider partial grants to wastewater facilities to be funded pursuant to part 8 of this chapter. In recommending the interest rate for a loan, the department shall utilize an economic index based upon factors which include, but are not limited to, per capita incomes and property values of the local government applicant. Local governments falling within the lower economic scale on the index shall be eligible for lower interest rates. The department shall promulgate regulations regarding the appropriate index, interest rate and loan percentages to be recommended. (c) The department shall present to the authority no less than annually its recommendations, in descending order of priority, for loans to local governments. Prior to making a recommendation for loans to local governments, the department may ensure through an environmental review that loan funded projects shall be environmentally sound. The authority shall have final approval of such loans. Both the department and the authority shall be parties to the contracts with local governments concerning loans. (d) The comptroller of the treasury shall make an annual audit of the fund as part of the comptroller's annual audit of the authority and the department pursuant to § 9-3-211 . (e) The authority and the department shall have such other authority as may be necessary and appropriate for the exercise of the powers and duties conferred by this part. (f) Notwithstanding any other provision of this part to the contrary, the department, in conjunction with the authority, may develop alternative financial assistance programs, which may include the issuance of the authority's revenue bonds, for wastewater facilities using the funds appropriated herein to effect the legislative intent of providing low-cost financial assistance to local governments for wastewater facilities, provided such programs are permissible under the Clean Water Act ( 33 U.S.C. § 1251 et seq.). (g) Local governments are empowered and are authorized to contract debts for the construction of a wastewater facility and to make contracts and execute instruments with the authority for the purpose of obtaining a loan under this part. In order to provide adequate security as may be required by the authority for a loan under this part, local governments are further empowered and authorized to: (1) Pledge the full faith and credit and unlimited taxing power, if any, of the local government as to all taxable property of the local government or a portion of the local government, if applicable, to the punctual payment of the principal and interest on the loan; (2) Assess, levy and collect ad valorem taxes on all taxable property within the local government or a portion of the local government, if applicable, sufficient to pay the principal of and interest on the loan; (3) Fix, levy and collect fees, rents, tolls or other charges in connection with any wastewater facility and pledge all or any of such fees, rents, tolls or other charges to the payment of principal and interest on the loan; and (4) Pledge any other security determined by the authority to be acceptable to secure a loan under this part. (h) (1) Any pledge made by the local government pursuant to this part shall be valid and binding from the time when the pledge is made, the moneys or property so pledged and thereafter received by the local government shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the local government, irrespective of whether such parties have notice of the lien of such pledge. (2) Neither the resolution nor any other instrument by which a pledge is created need be recorded. (i) (1) In the event any local government having entered into a loan agreement pursuant to this part and having pledged its state-shared taxes, as defined in § 4-31-102 , fails to remit funds in accordance with the loan agreement, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the local government within five (5) days of such failure. (2) In the event the local government fails to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold for the benefit of the authority such sum or part of such sum from any state-shared taxes which are otherwise apportioned to such local government. (3) A local government shall not have any claim on state-shared taxes withheld as permitted under this part and the loan agreement. (4) For purposes of this subsection (i), notice of failure to remit funds shall be delivered to any entity jointly participating in the wastewater facility being funded pursuant to the loan agreement and qualifying as a local government as provided in § 68-221-1003(7) , and funds shall be withheld as provided therein. (j) To encourage joint action by governmental entities, including utility districts, in the establishment of fiscally self-sufficient wastewater facilities, utility districts and other entities which constitute "local governments," as defined under this part, are authorized and empowered to serve as guarantors and to provide such other security as required by the authority for loans under this part. (k) With consent of the authority and upon provision of such other security as required by the authority for loans under this part, any local government is authorized to assign its rights and obligations under a loan received pursuant to this part to any other local government. Any local government is authorized to receive such assignment and to assume such obligations. Upon such assignment, the local government originally obligated under the loan and any security provided therefore shall be released from all obligations under the loan; provided, however, that the local government originally obligated under the loan may agree upon resolution of the governing body to retain its obligation to make payments under the loan in the event that the local government to which the loan is assigned fails to make such payments. (l) (1) The department and the authority may use any federal funds allocated to the state to make loans and to subsidize loans made through the program authorized by this part, through such mechanisms as forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt; (2) The department and the authority may administer the program using the funds in accordance with the criteria set by the federal government; and (3) The department may promulgate rules and develop forms that may be deemed necessary for the program. (m) Subsections (g), (h), (i), and (k) do not apply to a local government as defined in § 68-221-1003(7)(C) . Amended by 2022 Tenn. Acts, ch. 886, s 5, eff. 4/14/2022. Amended by 2021 Tenn. Acts, ch. 99, s 3, eff. 4/7/2021. Acts 1987, ch. 299, § 5; 1988, ch. 708, § 1; 1989, ch. 233, § 38; 1989, ch. 280, § 1; T.C.A., § 68-13-1005; Acts 1992, ch. 1023, §§ 3, 4; 2002, ch. 603, § 2; 2009 , ch. 402, § 2; 2010 , ch. 1114, § 4.
(a) The department, in conjunction with the authority, shall administer a program for low cost loans to local governments for wastewater facilities, and shall adopt regulations to govern the application procedure for loans under this part.
(b) The department shall recommend to the authority an appropriate financing method for each wastewater facility which has applied for financial assistance under this part and which appears on the construction grants program wastewater treatment project priority list established under the authority of part 8 of this chapter. As part of the recommended financing method, the department may consider partial grants to wastewater facilities to be funded pursuant to part 8 of this chapter. In recommending the interest rate for a loan, the department shall utilize an economic index based upon factors which include, but are not limited to, per capita incomes and property values of the local government applicant. Local governments falling within the lower economic scale on the index shall be eligible for lower interest rates. The department shall promulgate regulations regarding the appropriate index, interest rate and loan percentages to be recommended.
(c) The department shall present to the authority no less than annually its recommendations, in descending order of priority, for loans to local governments. Prior to making a recommendation for loans to local governments, the department may ensure through an environmental review that loan funded projects shall be environmentally sound. The authority shall have final approval of such loans. Both the department and the authority shall be parties to the contracts with local governments concerning loans.
(d) The comptroller of the treasury shall make an annual audit of the fund as part of the comptroller's annual audit of the authority and the department pursuant to § 9-3-211 .
(e) The authority and the department shall have such other authority as may be necessary and appropriate for the exercise of the powers and duties conferred by this part.
(f) Notwithstanding any other provision of this part to the contrary, the department, in conjunction with the authority, may develop alternative financial assistance programs, which may include the issuance of the authority's revenue bonds, for wastewater facilities using the funds appropriated herein to effect the legislative intent of providing low-cost financial assistance to local governments for wastewater facilities, provided such programs are permissible under the Clean Water Act ( 33 U.S.C. § 1251 et seq.).
(g) Local governments are empowered and are authorized to contract debts for the construction of a wastewater facility and to make contracts and execute instruments with the authority for the purpose of obtaining a loan under this part. In order to provide adequate security as may be required by the authority for a loan under this part, local governments are further empowered and authorized to: (1) Pledge the full faith and credit and unlimited taxing power, if any, of the local government as to all taxable property of the local government or a portion of the local government, if applicable, to the punctual payment of the principal and interest on the loan; (2) Assess, levy and collect ad valorem taxes on all taxable property within the local government or a portion of the local government, if applicable, sufficient to pay the principal of and interest on the loan; (3) Fix, levy and collect fees, rents, tolls or other charges in connection with any wastewater facility and pledge all or any of such fees, rents, tolls or other charges to the payment of principal and interest on the loan; and (4) Pledge any other security determined by the authority to be acceptable to secure a loan under this part.
(1) Pledge the full faith and credit and unlimited taxing power, if any, of the local government as to all taxable property of the local government or a portion of the local government, if applicable, to the punctual payment of the principal and interest on the loan;
(2) Assess, levy and collect ad valorem taxes on all taxable property within the local government or a portion of the local government, if applicable, sufficient to pay the principal of and interest on the loan;
(3) Fix, levy and collect fees, rents, tolls or other charges in connection with any wastewater facility and pledge all or any of such fees, rents, tolls or other charges to the payment of principal and interest on the loan; and
(4) Pledge any other security determined by the authority to be acceptable to secure a loan under this part.
(h) (1) Any pledge made by the local government pursuant to this part shall be valid and binding from the time when the pledge is made, the moneys or property so pledged and thereafter received by the local government shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the local government, irrespective of whether such parties have notice of the lien of such pledge. (2) Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(1) Any pledge made by the local government pursuant to this part shall be valid and binding from the time when the pledge is made, the moneys or property so pledged and thereafter received by the local government shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the local government, irrespective of whether such parties have notice of the lien of such pledge.
(2) Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(i) (1) In the event any local government having entered into a loan agreement pursuant to this part and having pledged its state-shared taxes, as defined in § 4-31-102 , fails to remit funds in accordance with the loan agreement, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the local government within five (5) days of such failure. (2) In the event the local government fails to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold for the benefit of the authority such sum or part of such sum from any state-shared taxes which are otherwise apportioned to such local government. (3) A local government shall not have any claim on state-shared taxes withheld as permitted under this part and the loan agreement. (4) For purposes of this subsection (i), notice of failure to remit funds shall be delivered to any entity jointly participating in the wastewater facility being funded pursuant to the loan agreement and qualifying as a local government as provided in § 68-221-1003(7) , and funds shall be withheld as provided therein.
(1) In the event any local government having entered into a loan agreement pursuant to this part and having pledged its state-shared taxes, as defined in § 4-31-102 , fails to remit funds in accordance with the loan agreement, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the local government within five (5) days of such failure.
(2) In the event the local government fails to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold for the benefit of the authority such sum or part of such sum from any state-shared taxes which are otherwise apportioned to such local government.
(3) A local government shall not have any claim on state-shared taxes withheld as permitted under this part and the loan agreement.
(4) For purposes of this subsection (i), notice of failure to remit funds shall be delivered to any entity jointly participating in the wastewater facility being funded pursuant to the loan agreement and qualifying as a local government as provided in § 68-221-1003(7) , and funds shall be withheld as provided therein.
(j) To encourage joint action by governmental entities, including utility districts, in the establishment of fiscally self-sufficient wastewater facilities, utility districts and other entities which constitute "local governments," as defined under this part, are authorized and empowered to serve as guarantors and to provide such other security as required by the authority for loans under this part.
(k) With consent of the authority and upon provision of such other security as required by the authority for loans under this part, any local government is authorized to assign its rights and obligations under a loan received pursuant to this part to any other local government. Any local government is authorized to receive such assignment and to assume such obligations. Upon such assignment, the local government originally obligated under the loan and any security provided therefore shall be released from all obligations under the loan; provided, however, that the local government originally obligated under the loan may agree upon resolution of the governing body to retain its obligation to make payments under the loan in the event that the local government to which the loan is assigned fails to make such payments.
(l) (1) The department and the authority may use any federal funds allocated to the state to make loans and to subsidize loans made through the program authorized by this part, through such mechanisms as forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt; (2) The department and the authority may administer the program using the funds in accordance with the criteria set by the federal government; and (3) The department may promulgate rules and develop forms that may be deemed necessary for the program.
(1) The department and the authority may use any federal funds allocated to the state to make loans and to subsidize loans made through the program authorized by this part, through such mechanisms as forgiveness of principal, other loan forgiveness, and through refinancing or restructuring of debt;
(2) The department and the authority may administer the program using the funds in accordance with the criteria set by the federal government; and
(3) The department may promulgate rules and develop forms that may be deemed necessary for the program.
(m) Subsections (g), (h), (i), and (k) do not apply to a local government as defined in § 68-221-1003(7)(C) .
Amended by 2022 Tenn. Acts, ch. 886, s 5, eff. 4/14/2022.
Amended by 2021 Tenn. Acts, ch. 99, s 3, eff. 4/7/2021.
Acts 1987, ch. 299, § 5; 1988, ch. 708, § 1; 1989, ch. 233, § 38; 1989, ch. 280, § 1; T.C.A., § 68-13-1005; Acts 1992, ch. 1023, §§ 3, 4; 2002, ch. 603, § 2; 2009 , ch. 402, § 2; 2010 , ch. 1114, § 4.
Tenn. Code Ann. § 68-221-1106 — TN Code / Title 68 / Chapter 221 / Section 68-221-1106
Civil penalty for violation of ordinance
Status: in_force

(a) A municipality may establish by ordinance or resolution that any person who violates any ordinance or resolution regulating storm water discharges or facilities shall be subject to a civil penalty of not less than fifty dollars ($50.00) or more than five thousand dollars ($5,000) per day for each day of violations. Each day of violation may constitute a separate violation. A municipality shall give the violator reasonable notice of the assessment of any penalty. A municipality may also recover all damages proximately caused to the municipality by such violations. (b) 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 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 municipality; (6) The amount of penalty established by ordinance or resolution for specific categories of violations; and (7) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment. (c) The municipality may also assess damages proximately caused by the violator to the municipality which may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation. (d) The municipality shall establish a procedure for a review of the civil penalty or damage assessment by either the governing body of the municipality or by a board established to hear appeals by any person incurring a damage assessment or a civil penalty. If a petition for review of such damage assessment or civil penalty is not filed within thirty (30) days after the damage assessment or civil penalty is served in any manner authorized by law, the violator shall be deemed to have consented to the damage assessment or civil penalty and it shall become final. The alleged violator may appeal a decision of the governing body or board pursuant to title 27, chapter 8. (e) Whenever any damage assessment or civil penalty has become final because of a person's failure to appeal the municipality's damage assessment or civil penalty, the municipality may apply to the appropriate chancery court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such damage assessment or civil penalty as a confession of judgment. Acts 1993, ch. 257, § 6.
(a) A municipality may establish by ordinance or resolution that any person who violates any ordinance or resolution regulating storm water discharges or facilities shall be subject to a civil penalty of not less than fifty dollars ($50.00) or more than five thousand dollars ($5,000) per day for each day of violations. Each day of violation may constitute a separate violation. A municipality shall give the violator reasonable notice of the assessment of any penalty. A municipality may also recover all damages proximately caused to the municipality by such violations.
(b) 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 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 municipality; (6) The amount of penalty established by ordinance or resolution for specific categories of violations; and (7) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
(1) The harm done to the public health or the environment;
(2) Whether the civil penalty imposed will be 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 municipality;
(6) The amount of penalty established by ordinance or resolution for specific categories of violations; and
(7) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
(c) The municipality may also assess damages proximately caused by the violator to the municipality which may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation.
(d) The municipality shall establish a procedure for a review of the civil penalty or damage assessment by either the governing body of the municipality or by a board established to hear appeals by any person incurring a damage assessment or a civil penalty. If a petition for review of such damage assessment or civil penalty is not filed within thirty (30) days after the damage assessment or civil penalty is served in any manner authorized by law, the violator shall be deemed to have consented to the damage assessment or civil penalty and it shall become final. The alleged violator may appeal a decision of the governing body or board pursuant to title 27, chapter 8.
(e) Whenever any damage assessment or civil penalty has become final because of a person's failure to appeal the municipality's damage assessment or civil penalty, the municipality may apply to the appropriate chancery court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such damage assessment or civil penalty as a confession of judgment.
Acts 1993, ch. 257, § 6.
Tenn. Code Ann. § 68-212-102 — TN Code / Title 68 / Chapter 212 / Section 68-212-102
Public policy
Status: in_force

In order to protect the public health, safety and welfare, to prevent degradation of the environment, conserve natural resources and provide a coordinated statewide hazardous waste management program, it is declared to be the public policy of the state of Tennessee to regulate hazardous waste management to: (1) Provide for safe storage, transportation, treatment and disposal of hazardous wastes; (2) Provide a coordinated statewide program of control of hazardous wastes in cooperation with federal, state and local agencies responsible for the prevention, control or abatement of air, water and land pollution, such that adequate control is achieved without unnecessary duplication of regulatory programs; (3) Develop long-range plans for adequate hazardous waste management systems to meet future demands; and (4) Promote efficient and economical hazardous waste management systems, the reuse or recycling of hazardous waste, and efforts to minimize the amounts of hazardous waste generated. Acts 1977, ch. 175, § 2; T.C.A., § 53-6302; Acts 1986, ch. 644, § 4; T.C.A., § 68-46-102.
In order to protect the public health, safety and welfare, to prevent degradation of the environment, conserve natural resources and provide a coordinated statewide hazardous waste management program, it is declared to be the public policy of the state of Tennessee to regulate hazardous waste management to:
(1) Provide for safe storage, transportation, treatment and disposal of hazardous wastes;
(2) Provide a coordinated statewide program of control of hazardous wastes in cooperation with federal, state and local agencies responsible for the prevention, control or abatement of air, water and land pollution, such that adequate control is achieved without unnecessary duplication of regulatory programs;
(3) Develop long-range plans for adequate hazardous waste management systems to meet future demands; and
(4) Promote efficient and economical hazardous waste management systems, the reuse or recycling of hazardous waste, and efforts to minimize the amounts of hazardous waste generated.
Acts 1977, ch. 175, § 2; T.C.A., § 53-6302; Acts 1986, ch. 644, § 4; T.C.A., § 68-46-102.
Tenn. Code Ann. § 68-211-116 — TN Code / Title 68 / Chapter 211 / Section 68-211-116
Performance bond - Solid waste disposal site restoration fund - Contract of obligation
Status: in_force

(a) To ensure the proper operation and closure of solid waste disposal and processing facilities, except as allowed in subsection (c), there shall be posted with the commissioner a performance bond. All funds from the forfeiture of bonds or other instruments required pursuant to this section shall be placed in a special departmental account that shall not revert to the general fund. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. Such account shall be known as the "solid waste disposal site restoration fund." Moneys placed in the fund shall be used for the proper closure of solid waste disposal and processing facilities and, insofar as practicable, shall first be used to correct the problems at the facility for which the bond or other instrument was originally provided. (b) The performance bond required by this section shall be in the form and upon the terms specified by the board in regulations. Upon agreement of the parties, the terms may, in lieu of any specified forfeiture procedure, include a requirement for immediate payment to the department. At a minimum, the regulations shall provide for the following: (1) A bond issued by a fidelity or surety company authorized to do business in this state; (2) A corporate guarantee provided that the corporation passes any financial test specified by the board in regulations; and (3) A personal bond supported by cash, securities, insurance policies, letters of credit or other collateral specified by the board in regulations. (c) A municipality or county may, in lieu of a performance bond, execute a contract of obligation with the commissioner. Such contract of obligation will be a binding agreement on the municipality or county, allowing the commissioner to collect not less than one thousand dollars ($1,000) for each estimated acre or fraction thereof affected by the disposal operation from any funds being disbursed or to be disbursed from the state to the municipality or county on failure of the municipality or county to operate or to close the registered solid waste disposal operation properly. The amount of the contract of obligation shall be set by the commissioner. The contract shall be filed with the commissioner of finance and administration, who shall act on the terms of the contract on notice from the commissioner of environment and conservation of failure to operate or to close the disposal operation, after notice to the operator, as set out below. (d) The amount of the bond or contract of obligation shall be increased or decreased to take account of any change in the acreage covered by the registration, as set out in § 68-211-106 . If any of the requirements of this part or rules and regulations adopted pursuant thereto or the orders of the commissioner have not been complied with within the time limits set by the commissioner or by this part, the commissioner shall cause a notice of noncompliance to be served upon the operator, or where found necessary, the commissioner shall order suspension of registration. Such notice or order shall be handed to the operator in person or served by certified mail addressed to the permanent address shown on the application for registration. The notice of noncompliance or order of suspension shall specify in what respects the operator has failed to comply with this part or the regulations or orders of the commissioner. If the operator has not reached an agreement with the commissioner or has not complied with the requirements set forth in the notice of noncompliance or order of suspension within time limits set therein, the registration may be revoked by order of the commissioner and the performance bond shall then be forfeited to the commissioner. When a bond is forfeited pursuant to this part, the commissioner shall give notice to the attorney general and reporter who shall collect the forfeiture. Acts 1980, ch. 662, § 7; T.C.A., §§ 53-4343, 68-31-116; Acts 1993, ch. 512, §§ 1, 2; 2004, ch. 783, § 4; 2006, ch. 819, § 3.
(a) To ensure the proper operation and closure of solid waste disposal and processing facilities, except as allowed in subsection (c), there shall be posted with the commissioner a performance bond. All funds from the forfeiture of bonds or other instruments required pursuant to this section shall be placed in a special departmental account that shall not revert to the general fund. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. Such account shall be known as the "solid waste disposal site restoration fund." Moneys placed in the fund shall be used for the proper closure of solid waste disposal and processing facilities and, insofar as practicable, shall first be used to correct the problems at the facility for which the bond or other instrument was originally provided.
(b) The performance bond required by this section shall be in the form and upon the terms specified by the board in regulations. Upon agreement of the parties, the terms may, in lieu of any specified forfeiture procedure, include a requirement for immediate payment to the department. At a minimum, the regulations shall provide for the following: (1) A bond issued by a fidelity or surety company authorized to do business in this state; (2) A corporate guarantee provided that the corporation passes any financial test specified by the board in regulations; and (3) A personal bond supported by cash, securities, insurance policies, letters of credit or other collateral specified by the board in regulations.
(1) A bond issued by a fidelity or surety company authorized to do business in this state;
(2) A corporate guarantee provided that the corporation passes any financial test specified by the board in regulations; and
(3) A personal bond supported by cash, securities, insurance policies, letters of credit or other collateral specified by the board in regulations.
(c) A municipality or county may, in lieu of a performance bond, execute a contract of obligation with the commissioner. Such contract of obligation will be a binding agreement on the municipality or county, allowing the commissioner to collect not less than one thousand dollars ($1,000) for each estimated acre or fraction thereof affected by the disposal operation from any funds being disbursed or to be disbursed from the state to the municipality or county on failure of the municipality or county to operate or to close the registered solid waste disposal operation properly. The amount of the contract of obligation shall be set by the commissioner. The contract shall be filed with the commissioner of finance and administration, who shall act on the terms of the contract on notice from the commissioner of environment and conservation of failure to operate or to close the disposal operation, after notice to the operator, as set out below.
(d) The amount of the bond or contract of obligation shall be increased or decreased to take account of any change in the acreage covered by the registration, as set out in § 68-211-106 . If any of the requirements of this part or rules and regulations adopted pursuant thereto or the orders of the commissioner have not been complied with within the time limits set by the commissioner or by this part, the commissioner shall cause a notice of noncompliance to be served upon the operator, or where found necessary, the commissioner shall order suspension of registration. Such notice or order shall be handed to the operator in person or served by certified mail addressed to the permanent address shown on the application for registration. The notice of noncompliance or order of suspension shall specify in what respects the operator has failed to comply with this part or the regulations or orders of the commissioner. If the operator has not reached an agreement with the commissioner or has not complied with the requirements set forth in the notice of noncompliance or order of suspension within time limits set therein, the registration may be revoked by order of the commissioner and the performance bond shall then be forfeited to the commissioner. When a bond is forfeited pursuant to this part, the commissioner shall give notice to the attorney general and reporter who shall collect the forfeiture.
Acts 1980, ch. 662, § 7; T.C.A., §§ 53-4343, 68-31-116; Acts 1993, ch. 512, §§ 1, 2; 2004, ch. 783, § 4; 2006, ch. 819, § 3.
Tenn. Code Ann. § 68-221-915 — TN Code / Title 68 / Chapter 221 / Section 68-221-915
Complaints - Procedures - Determinations - Appeals
Status: in_force

(a) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. (b) Unless the commissioner determines that such a complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and shall notify the alleged violator of what action, if any, the commissioner will take. (c) In all cases, the commissioner shall notify the complainant of the commissioner's action or determination within ninety (90) days from the date of the commissioner's receipt of the written complaint. (d) (1) If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing which will be conducted pursuant to this part. (2) Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner. (e) If the commissioner fails to take the action stated in the commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. (f) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing such complainant's complaint. Acts 1984, ch. 812, § 15; T.C.A., § 68-13-915.
(a) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part.
(b) Unless the commissioner determines that such a complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and shall notify the alleged violator of what action, if any, the commissioner will take.
(c) In all cases, the commissioner shall notify the complainant of the commissioner's action or determination within ninety (90) days from the date of the commissioner's receipt of the written complaint.
(d) (1) If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing which will be conducted pursuant to this part. (2) Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner.
(1) If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing which will be conducted pursuant to this part.
(2) Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner.
(e) If the commissioner fails to take the action stated in the commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure.
(f) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing such complainant's complaint.
Acts 1984, ch. 812, § 15; T.C.A., § 68-13-915.
Tenn. Code Ann. § 68-221-204 — TN Code / Title 68 / Chapter 221 / Section 68-221-204
Contracts between state and municipalities for eligible projects - Provisions and requirements
Status: in_force

(a) The state of Tennessee may enter into contracts with municipalities, and any such municipality may enter into a contract with the state, concerning eligible projects. Any such contract may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following provisions: (1) An estimate of the reasonable cost of the project as determined by the department; (2) (A) With respect to an eligible project receiving federal funds, an agreement by the state to pay to the municipality an amount equal to the actual cost of the project, or the reasonable cost of the project, whichever is lower, that is not paid by the federal government; and (B) With respect to an eligible project receiving no federal funds, an agreement by the state to pay the municipality an amount sufficient to permit completion of such project. Part of the grant may be paid by the department to the municipality prior to the construction, or during the progress of the construction, or the grant may be paid following completion of the construction, as may be agreed upon by the parties; (3) An agreement by the municipality to: (A) Proceed expeditiously with, and complete, the project in accordance with plans approved pursuant to this part and § 68-221-102 ; (B) Commence operation of the sewage treatment works on completion of the project, and not discontinue operations or dispose of the sewage treatment works without the approval of the department and of the authority; (C) Operate and maintain the sewage treatment works in accordance with applicable provisions of this chapter, and rules and regulations of the department; (D) Secure approval of the department before applying for federal assistance for pollution abatement, in order to maximize the amounts of such assistance received or to be received for all projects in Tennessee; and (E) Provide for the payment of the municipality's share of the cost of the project; and (4) A provision that, in the event federal assistance which was not included in the calculation of the state payment pursuant to subdivision (a)(2)(A) becomes available to the municipality, the amount of the state payment shall be recalculated with the inclusion of such additional federal assistance, and the municipality shall pay to the state the amount by which the state payment actually made exceeds the state payment determined by the recalculation. (b) The department may adopt rules and regulations necessary for the effective administration of this part, including, but not limited to, the submission of plans, the procedures to be followed in applying for repayable grants, and for enforcing agreements entered into by municipalities with the department with respect to such grants. (c) All contracts entered into pursuant to this section shall be subject to approval by the attorney general and reporter as to form and the commissioner of finance and administration. All payments by the state pursuant to such contracts shall be made upon warrant of the commissioner of finance and administration on vouchers approved by the department and such payments shall be subject to audit at any time. (d) All action required or authorized to be taken under this part by the governing body of any municipality may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption. Acts 1967, ch. 362, § 4; 1973, ch. 98, §§ 1, 2; 1978, ch. 843, § 4; T.C.A., § 53-2020; Acts 1983, ch. 115, § 4; 1989, ch. 233, §§ 10-15; T.C.A, § 68-13-204.
(a) The state of Tennessee may enter into contracts with municipalities, and any such municipality may enter into a contract with the state, concerning eligible projects. Any such contract may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following provisions: (1) An estimate of the reasonable cost of the project as determined by the department; (2) (A) With respect to an eligible project receiving federal funds, an agreement by the state to pay to the municipality an amount equal to the actual cost of the project, or the reasonable cost of the project, whichever is lower, that is not paid by the federal government; and (B) With respect to an eligible project receiving no federal funds, an agreement by the state to pay the municipality an amount sufficient to permit completion of such project. Part of the grant may be paid by the department to the municipality prior to the construction, or during the progress of the construction, or the grant may be paid following completion of the construction, as may be agreed upon by the parties; (3) An agreement by the municipality to: (A) Proceed expeditiously with, and complete, the project in accordance with plans approved pursuant to this part and § 68-221-102 ; (B) Commence operation of the sewage treatment works on completion of the project, and not discontinue operations or dispose of the sewage treatment works without the approval of the department and of the authority; (C) Operate and maintain the sewage treatment works in accordance with applicable provisions of this chapter, and rules and regulations of the department; (D) Secure approval of the department before applying for federal assistance for pollution abatement, in order to maximize the amounts of such assistance received or to be received for all projects in Tennessee; and (E) Provide for the payment of the municipality's share of the cost of the project; and (4) A provision that, in the event federal assistance which was not included in the calculation of the state payment pursuant to subdivision (a)(2)(A) becomes available to the municipality, the amount of the state payment shall be recalculated with the inclusion of such additional federal assistance, and the municipality shall pay to the state the amount by which the state payment actually made exceeds the state payment determined by the recalculation.
(1) An estimate of the reasonable cost of the project as determined by the department;
(2) (A) With respect to an eligible project receiving federal funds, an agreement by the state to pay to the municipality an amount equal to the actual cost of the project, or the reasonable cost of the project, whichever is lower, that is not paid by the federal government; and (B) With respect to an eligible project receiving no federal funds, an agreement by the state to pay the municipality an amount sufficient to permit completion of such project. Part of the grant may be paid by the department to the municipality prior to the construction, or during the progress of the construction, or the grant may be paid following completion of the construction, as may be agreed upon by the parties;
(A) With respect to an eligible project receiving federal funds, an agreement by the state to pay to the municipality an amount equal to the actual cost of the project, or the reasonable cost of the project, whichever is lower, that is not paid by the federal government; and
(B) With respect to an eligible project receiving no federal funds, an agreement by the state to pay the municipality an amount sufficient to permit completion of such project. Part of the grant may be paid by the department to the municipality prior to the construction, or during the progress of the construction, or the grant may be paid following completion of the construction, as may be agreed upon by the parties;
(3) An agreement by the municipality to: (A) Proceed expeditiously with, and complete, the project in accordance with plans approved pursuant to this part and § 68-221-102 ; (B) Commence operation of the sewage treatment works on completion of the project, and not discontinue operations or dispose of the sewage treatment works without the approval of the department and of the authority; (C) Operate and maintain the sewage treatment works in accordance with applicable provisions of this chapter, and rules and regulations of the department; (D) Secure approval of the department before applying for federal assistance for pollution abatement, in order to maximize the amounts of such assistance received or to be received for all projects in Tennessee; and (E) Provide for the payment of the municipality's share of the cost of the project; and
(A) Proceed expeditiously with, and complete, the project in accordance with plans approved pursuant to this part and § 68-221-102 ;
(B) Commence operation of the sewage treatment works on completion of the project, and not discontinue operations or dispose of the sewage treatment works without the approval of the department and of the authority;
(C) Operate and maintain the sewage treatment works in accordance with applicable provisions of this chapter, and rules and regulations of the department;
(D) Secure approval of the department before applying for federal assistance for pollution abatement, in order to maximize the amounts of such assistance received or to be received for all projects in Tennessee; and
(E) Provide for the payment of the municipality's share of the cost of the project; and
(4) A provision that, in the event federal assistance which was not included in the calculation of the state payment pursuant to subdivision (a)(2)(A) becomes available to the municipality, the amount of the state payment shall be recalculated with the inclusion of such additional federal assistance, and the municipality shall pay to the state the amount by which the state payment actually made exceeds the state payment determined by the recalculation.
(b) The department may adopt rules and regulations necessary for the effective administration of this part, including, but not limited to, the submission of plans, the procedures to be followed in applying for repayable grants, and for enforcing agreements entered into by municipalities with the department with respect to such grants.
(c) All contracts entered into pursuant to this section shall be subject to approval by the attorney general and reporter as to form and the commissioner of finance and administration. All payments by the state pursuant to such contracts shall be made upon warrant of the commissioner of finance and administration on vouchers approved by the department and such payments shall be subject to audit at any time.
(d) All action required or authorized to be taken under this part by the governing body of any municipality may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption.
Acts 1967, ch. 362, § 4; 1973, ch. 98, §§ 1, 2; 1978, ch. 843, § 4; T.C.A., § 53-2020; Acts 1983, ch. 115, § 4; 1989, ch. 233, §§ 10-15; T.C.A, § 68-13-204.
Tenn. Code Ann. § 68-201-202 — TN Code / Title 68 / Chapter 201 / Section 68-201-202
Local ordinances
Status: in_force

(a) Any city, town or county having a population of six hundred thousand (600,000) or more, according to the federal census of 1960 or any subsequent federal census, is authorized to enact, by its chief legislative body, ordinances or regulations not less stringent than part 1 of this chapter. A violation of any of the ordinances or enactments of the chief legislative body is punishable as a Class A misdemeanor. (b) Actions taken in accordance with this section shall be conducted in accordance with the Major Energy Project Act of 1981, compiled in title 13, chapter 18, when the action involves a major energy project, as defined in § 13-18-102 . Acts 1969, ch. 89, § 1; 1979, ch. 299, §§ 3, 7; T.C.A., § 53-3423; Acts 1981, ch. 131, § 30; T.C.A., §§ 53-3426, 68-25-202; Acts 1989, ch. 591, §§ 1, 6.
(a) Any city, town or county having a population of six hundred thousand (600,000) or more, according to the federal census of 1960 or any subsequent federal census, is authorized to enact, by its chief legislative body, ordinances or regulations not less stringent than part 1 of this chapter. A violation of any of the ordinances or enactments of the chief legislative body is punishable as a Class A misdemeanor.
(b) Actions taken in accordance with this section shall be conducted in accordance with the Major Energy Project Act of 1981, compiled in title 13, chapter 18, when the action involves a major energy project, as defined in § 13-18-102 .
Acts 1969, ch. 89, § 1; 1979, ch. 299, §§ 3, 7; T.C.A., § 53-3423; Acts 1981, ch. 131, § 30; T.C.A., §§ 53-3426, 68-25-202; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 68-221-712 — TN Code / Title 68 / Chapter 221 / Section 68-221-712
Complaints issued to violator - Orders for corrective action
Status: in_force

(a) (1) Whenever the commissioner has reason to believe that a violation of this part or regulations pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be delivered to the alleged violator or violators. (2) The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board. (3) The order may be issued in conjunction with concurrent action against a violator under the Water Quality Control Act, pursuant to title 69, chapter 3, part 1. (4) Any such order shall become final and not subject to review unless the person or persons named therein request by written petition a hearing before the board, no later than thirty (30) days after the date such order is delivered; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments. (b) (1) Whenever the commissioner finds that the public health, safety or welfare imperatively requires immediate action, the commissioner may, without prior notice, or without preceding the action with a hearing, issue an order requiring that such action be taken as the commissioner deems necessary under the circumstances. (2) A person to whom such an order is directed shall comply immediately pending the opportunity for a prompt hearing before the board. (c) Except as otherwise expressly provided, any notice, complaint, order or other instrument issued by or under authority of this part may be served on any person by the commissioner or any person designated by the commissioner, by certified mail, or in accordance with Tennessee statutes authorizing service of process in civil actions. Acts 1983, ch. 324, § 13; T.C.A., § 68-13-712.
(a) (1) Whenever the commissioner has reason to believe that a violation of this part or regulations pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be delivered to the alleged violator or violators. (2) The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board. (3) The order may be issued in conjunction with concurrent action against a violator under the Water Quality Control Act, pursuant to title 69, chapter 3, part 1. (4) Any such order shall become final and not subject to review unless the person or persons named therein request by written petition a hearing before the board, no later than thirty (30) days after the date such order is delivered; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments.
(1) Whenever the commissioner has reason to believe that a violation of this part or regulations pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be delivered to the alleged violator or violators.
(2) The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board.
(3) The order may be issued in conjunction with concurrent action against a violator under the Water Quality Control Act, pursuant to title 69, chapter 3, part 1.
(4) Any such order shall become final and not subject to review unless the person or persons named therein request by written petition a hearing before the board, no later than thirty (30) days after the date such order is delivered; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments.
(b) (1) Whenever the commissioner finds that the public health, safety or welfare imperatively requires immediate action, the commissioner may, without prior notice, or without preceding the action with a hearing, issue an order requiring that such action be taken as the commissioner deems necessary under the circumstances. (2) A person to whom such an order is directed shall comply immediately pending the opportunity for a prompt hearing before the board.
(1) Whenever the commissioner finds that the public health, safety or welfare imperatively requires immediate action, the commissioner may, without prior notice, or without preceding the action with a hearing, issue an order requiring that such action be taken as the commissioner deems necessary under the circumstances.
(2) A person to whom such an order is directed shall comply immediately pending the opportunity for a prompt hearing before the board.
(c) Except as otherwise expressly provided, any notice, complaint, order or other instrument issued by or under authority of this part may be served on any person by the commissioner or any person designated by the commissioner, by certified mail, or in accordance with Tennessee statutes authorizing service of process in civil actions.
Acts 1983, ch. 324, § 13; T.C.A., § 68-13-712.
Tenn. Code Ann. § 68-221-1310 — TN Code / Title 68 / Chapter 221 / Section 68-221-1310
Power to condemn property
Status: in_force

(a) An authority has the power to condemn either the fee or any right, title, interest or easement in the property that the board may deem necessary for any of the purposes mentioned in this part, and the property or interest in that property may be so acquired whether or not the property or the interest in the property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that that prior public use shall not be interfered with by this use. (b) The power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. Acts 2007, ch. 250, § 1.
(a) An authority has the power to condemn either the fee or any right, title, interest or easement in the property that the board may deem necessary for any of the purposes mentioned in this part, and the property or interest in that property may be so acquired whether or not the property or the interest in the property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that that prior public use shall not be interfered with by this use.
(b) The power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-221-1018 — TN Code / Title 68 / Chapter 221 / Section 68-221-1018
Promulgation of emergency rules
Status: in_force

The commissioner of environment and conservation is authorized to promulgate emergency rules in the manner provided under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the program authorized by this part if deemed to be necessary by the commissioner to make full use of available federal funding. Added by 2022 Tenn. Acts, ch. 886,s 10, eff. 4/14/2022.
The commissioner of environment and conservation is authorized to promulgate emergency rules in the manner provided under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the program authorized by this part if deemed to be necessary by the commissioner to make full use of available federal funding.
Added by 2022 Tenn. Acts, ch. 886,s 10, eff. 4/14/2022.
Tenn. Code Ann. § 68-203-103 — TN Code / Title 68 / Chapter 203 / Section 68-203-103
Fees
Status: in_force

(a) (1) In order to facilitate the proper administration of each statute listed in § 68-203-101(b) , the department of environment and conservation shall charge fees for the various services and functions it performs under each of those statutes, including, but not limited to, permit processing fees, permit maintenance fees, license fees, registration fees, plans review fees, facility inspection fees and emission fees. (2) The level of these fees shall be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under each of the statutes listed in § 68-203-101(b) . (3) It is the intention of the general assembly that the fees shall provide funding for additional staff of the environmental regulatory programs and an improvement of the salaries and benefits of the existing staff of the environmental regulatory programs, to continue to improve performance in carrying out its duties. Prior to promulgating any fee increase, the authorities listed in subsection (b) shall review the basis for the fee increase and make a determination that the fee increase is warranted. The factors in the determinations shall include, if relevant: staffing needs, ability to attract and retain quality staff, feasible cost containment measures, comparisons with salaries paid by other governments and the private sector, levels of federal grants and state appropriations, and the ability of the program to maintain or improve its performance in carrying out its duties. (b) The fees shall be adopted by regulations by the following authorities: (1) The fees under the Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title, and the Water Quality Control Act of 1977, compiled in title 69, chapter 3, shall be set by the Tennessee board of water quality, oil and gas; (2) The fees under the Tennessee Air Quality Act shall be set by the air pollution control board; (3) The fees under the Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title, and the Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title, shall be set by the underground storage tanks and solid waste disposal control board; (4) The fees under the Water Environmental Health Act, compiled in chapter 221, part 9 of this title, shall be set by the board of certification created by § 68-221-905 ; and (5) The fees under chapter 221, part 4 of this title, relative to subsurface sewage disposal; the Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title; the Radiological Health Service Act, compiled in chapter 202, part 2 of this title; the Medical Radiation Inspection Safety Act; title 69, chapter 10, relative to water wells; and the Safe Dams Act of 1973, compiled in title 69, chapter 11, shall be set by the commissioner of environment and conservation. (c) All fees in existence prior to January 1, 1992, under the statutes identified in § 68-203-101(b) , shall be continued and shall be calculated and maintained with any such additional fees authorized herein; provided, that such existing fees may be used in any manner consistent with the commissioner's authority, notwithstanding this chapter. (d) No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this chapter are paid in full. (e) (1) If any part of any fee imposed under this chapter is not paid within fifteen (15) days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee. (2) If any maintenance fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the commissioner may suspend the permit pending the opportunity for hearing until the amount due is paid in full. (3) In addition to other powers and authority provided in this chapter, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this chapter. (4) (A) Any person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the appropriate entity identified in subsection (b) for a hearing. (B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date. (C) Such hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest. (f) No permit maintenance fees shall be levied under the subsurface sewage disposal law on homeowners or other persons who have subsurface sewage disposal systems on their property. (g) (1) Under each program for which a permit processing fee is established pursuant to this chapter, the promulgating authority shall also establish by regulation a schedule for timely action by the department on permit applications under that program. (2) Such schedules shall set forth the maximum length of time which is necessary and appropriate for a thorough and prompt review of each category of permit applications, and shall take into account the nature and complexity of permit application review required by the statute under which the permit is sought. (3) Should the department fail to grant or deny the permit within the time frame established by regulation, the department shall refund the permit processing fee to the permit applicant. (4) Each promulgating authority shall at least quarterly be provided an update of information on the timeliness of permit processing. In the event the commissioner is the promulgating authority, such information shall be published in the Tennessee Administrative Register at least quarterly. (h) For the following categories, the fees shall not exceed the following maximum amounts; however, the promulgating authorities are encouraged to use graduated fees to reflect the volume of waste, population served, or other factors determined necessary to fairly apportion the fees: (1) Filing/processing fee for state water quality permit: five thousand dollars ($5,000); (2) Annual maintenance fee for NPDES permit or state water quality permit: fifteen thousand dollars ($15,000); (3) Inspection fee for a major public water or wastewater treatment system: two thousand five hundred dollars ($2,500); (4) Engineering plans review for water or wastewater systems: one thousand five hundred dollars ($1,500); (5) Filing/processing fee for construction permit for a new air emission source or the increased emissions to a source: seven thousand five hundred dollars ($7,500); (6) Filing/processing fee for permit modification for an air emission source: seven hundred fifty dollars ($750); (7) Air contaminant emissions fee: eighteen dollars and seventy-five cents ($18.75) per ton per year, based on the air contaminant sources allowable emissions level; provided, that emissions subject to this fee are capped at four thousand (4,000) tons per pollutant, such as TSP, VOC, SO2, NOx, and other pollutants, excluding CO, per facility; (8) Filing/processing fee for solid waste processing facility: two thousand five hundred dollars ($2,500); (9) Filing/processing fee for solid waste landfill permit: ten thousand dollars ($10,000); (10) Annual maintenance fee for a solid waste processing facility: five thousand dollars ($5,000); (11) Annual maintenance fee for a solid waste landfill: fifteen thousand dollars ($15,000); (12) Filing/processing fee for a commercial hazardous waste storage or treatment facility: thirty-seven thousand five hundred dollars ($37,500); (13) Filing/processing fee for a commercial hazardous waste disposal facility or landfill site: seventy-five thousand dollars ($75,000); (14) Annual maintenance fee for a commercial hazardous waste storage or treatment facility: thirty-seven thousand five hundred dollars ($37,500); (15) Annual maintenance fee for a commercial hazardous waste disposal facility or landfill site: seventy-five thousand dollars ($75,000); (16) Filing/processing fee for an on-site hazardous waste storage or treatment facility: fifteen thousand dollars ($15,000); (17) Filing/processing fee for an on-site hazardous waste disposal facility or landfill site: thirty thousand dollars ($30,000); (18) Annual maintenance fee for an on-site hazardous waste storage or treatment facility: eighteen thousand seven hundred fifty dollars ($18,750); (19) Annual maintenance fee for an on-site hazardous waste disposal facility or landfill site: twenty-two thousand five hundred dollars ($22,500); (20) (A) Class I. Dental radiation machines: all diagnostic equipment used exclusively for dental diagnostic procedures: ninety-eight dollars ($98.00); (B) Class II. Priority two medical radiation machines: all diagnostic equipment, not in Class III, used exclusively for medical and veterinary diagnostic procedures: two hundred twenty-five dollars ($225); (C) Class III. Priority one medical radiation machines: all diagnostic X-ray equipment used in radiologists' offices, orthopedic surgeons' offices or hospitals exclusively for medical diagnostic procedures: three hundred dollars ($300); and (D) Class IV. Therapy medical radiation machines: all X-ray equipment with energies less than nine-tenths megaelectron volts (0.9 MeV) used for the purpose of medical and veterinary radiation therapy: four hundred fifty dollars ($450); (21) Well driller annual license fee: two hundred fifty dollars ($250); (22) Well pump and treatment device installer annual license fees: one hundred fifty dollars ($150); (23) Safe dams plans review fee: five thousand dollars ($5,000); (24) Safe dams safety inspection fee: one thousand dollars ($1,000); (25) Permit application fee for oil or gas well: one thousand two hundred dollars ($1,200); and (26) Mineral test hole permit application fee: one hundred dollars ($100). Amended by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Acts 1991, ch. 417, § 3; T.C.A., § 68-1-1303; Acts 2007 , ch. 362, §§ 15, 16, 44; 2009 , ch. 531, § 2.
(a) (1) In order to facilitate the proper administration of each statute listed in § 68-203-101(b) , the department of environment and conservation shall charge fees for the various services and functions it performs under each of those statutes, including, but not limited to, permit processing fees, permit maintenance fees, license fees, registration fees, plans review fees, facility inspection fees and emission fees. (2) The level of these fees shall be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under each of the statutes listed in § 68-203-101(b) . (3) It is the intention of the general assembly that the fees shall provide funding for additional staff of the environmental regulatory programs and an improvement of the salaries and benefits of the existing staff of the environmental regulatory programs, to continue to improve performance in carrying out its duties. Prior to promulgating any fee increase, the authorities listed in subsection (b) shall review the basis for the fee increase and make a determination that the fee increase is warranted. The factors in the determinations shall include, if relevant: staffing needs, ability to attract and retain quality staff, feasible cost containment measures, comparisons with salaries paid by other governments and the private sector, levels of federal grants and state appropriations, and the ability of the program to maintain or improve its performance in carrying out its duties.
(1) In order to facilitate the proper administration of each statute listed in § 68-203-101(b) , the department of environment and conservation shall charge fees for the various services and functions it performs under each of those statutes, including, but not limited to, permit processing fees, permit maintenance fees, license fees, registration fees, plans review fees, facility inspection fees and emission fees.
(2) The level of these fees shall be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under each of the statutes listed in § 68-203-101(b) .
(3) It is the intention of the general assembly that the fees shall provide funding for additional staff of the environmental regulatory programs and an improvement of the salaries and benefits of the existing staff of the environmental regulatory programs, to continue to improve performance in carrying out its duties. Prior to promulgating any fee increase, the authorities listed in subsection (b) shall review the basis for the fee increase and make a determination that the fee increase is warranted. The factors in the determinations shall include, if relevant: staffing needs, ability to attract and retain quality staff, feasible cost containment measures, comparisons with salaries paid by other governments and the private sector, levels of federal grants and state appropriations, and the ability of the program to maintain or improve its performance in carrying out its duties.
(b) The fees shall be adopted by regulations by the following authorities: (1) The fees under the Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title, and the Water Quality Control Act of 1977, compiled in title 69, chapter 3, shall be set by the Tennessee board of water quality, oil and gas; (2) The fees under the Tennessee Air Quality Act shall be set by the air pollution control board; (3) The fees under the Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title, and the Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title, shall be set by the underground storage tanks and solid waste disposal control board; (4) The fees under the Water Environmental Health Act, compiled in chapter 221, part 9 of this title, shall be set by the board of certification created by § 68-221-905 ; and (5) The fees under chapter 221, part 4 of this title, relative to subsurface sewage disposal; the Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title; the Radiological Health Service Act, compiled in chapter 202, part 2 of this title; the Medical Radiation Inspection Safety Act; title 69, chapter 10, relative to water wells; and the Safe Dams Act of 1973, compiled in title 69, chapter 11, shall be set by the commissioner of environment and conservation.
(1) The fees under the Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title, and the Water Quality Control Act of 1977, compiled in title 69, chapter 3, shall be set by the Tennessee board of water quality, oil and gas;
(2) The fees under the Tennessee Air Quality Act shall be set by the air pollution control board;
(3) The fees under the Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title, and the Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title, shall be set by the underground storage tanks and solid waste disposal control board;
(4) The fees under the Water Environmental Health Act, compiled in chapter 221, part 9 of this title, shall be set by the board of certification created by § 68-221-905 ; and
(5) The fees under chapter 221, part 4 of this title, relative to subsurface sewage disposal; the Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title; the Radiological Health Service Act, compiled in chapter 202, part 2 of this title; the Medical Radiation Inspection Safety Act; title 69, chapter 10, relative to water wells; and the Safe Dams Act of 1973, compiled in title 69, chapter 11, shall be set by the commissioner of environment and conservation.
(c) All fees in existence prior to January 1, 1992, under the statutes identified in § 68-203-101(b) , shall be continued and shall be calculated and maintained with any such additional fees authorized herein; provided, that such existing fees may be used in any manner consistent with the commissioner's authority, notwithstanding this chapter.
(d) No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this chapter are paid in full.
(e) (1) If any part of any fee imposed under this chapter is not paid within fifteen (15) days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee. (2) If any maintenance fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the commissioner may suspend the permit pending the opportunity for hearing until the amount due is paid in full. (3) In addition to other powers and authority provided in this chapter, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this chapter. (4) (A) Any person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the appropriate entity identified in subsection (b) for a hearing. (B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date. (C) Such hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.
(1) If any part of any fee imposed under this chapter is not paid within fifteen (15) days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee.
(2) If any maintenance fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the commissioner may suspend the permit pending the opportunity for hearing until the amount due is paid in full.
(3) In addition to other powers and authority provided in this chapter, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this chapter.
(4) (A) Any person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the appropriate entity identified in subsection (b) for a hearing. (B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date. (C) Such hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.
(A) Any person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the appropriate entity identified in subsection (b) for a hearing.
(B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date.
(C) Such hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.
(f) No permit maintenance fees shall be levied under the subsurface sewage disposal law on homeowners or other persons who have subsurface sewage disposal systems on their property.
(g) (1) Under each program for which a permit processing fee is established pursuant to this chapter, the promulgating authority shall also establish by regulation a schedule for timely action by the department on permit applications under that program. (2) Such schedules shall set forth the maximum length of time which is necessary and appropriate for a thorough and prompt review of each category of permit applications, and shall take into account the nature and complexity of permit application review required by the statute under which the permit is sought. (3) Should the department fail to grant or deny the permit within the time frame established by regulation, the department shall refund the permit processing fee to the permit applicant. (4) Each promulgating authority shall at least quarterly be provided an update of information on the timeliness of permit processing. In the event the commissioner is the promulgating authority, such information shall be published in the Tennessee Administrative Register at least quarterly.
(1) Under each program for which a permit processing fee is established pursuant to this chapter, the promulgating authority shall also establish by regulation a schedule for timely action by the department on permit applications under that program.
(2) Such schedules shall set forth the maximum length of time which is necessary and appropriate for a thorough and prompt review of each category of permit applications, and shall take into account the nature and complexity of permit application review required by the statute under which the permit is sought.
(3) Should the department fail to grant or deny the permit within the time frame established by regulation, the department shall refund the permit processing fee to the permit applicant.
(4) Each promulgating authority shall at least quarterly be provided an update of information on the timeliness of permit processing. In the event the commissioner is the promulgating authority, such information shall be published in the Tennessee Administrative Register at least quarterly.
(h) For the following categories, the fees shall not exceed the following maximum amounts; however, the promulgating authorities are encouraged to use graduated fees to reflect the volume of waste, population served, or other factors determined necessary to fairly apportion the fees: (1) Filing/processing fee for state water quality permit: five thousand dollars ($5,000); (2) Annual maintenance fee for NPDES permit or state water quality permit: fifteen thousand dollars ($15,000); (3) Inspection fee for a major public water or wastewater treatment system: two thousand five hundred dollars ($2,500); (4) Engineering plans review for water or wastewater systems: one thousand five hundred dollars ($1,500); (5) Filing/processing fee for construction permit for a new air emission source or the increased emissions to a source: seven thousand five hundred dollars ($7,500); (6) Filing/processing fee for permit modification for an air emission source: seven hundred fifty dollars ($750); (7) Air contaminant emissions fee: eighteen dollars and seventy-five cents ($18.75) per ton per year, based on the air contaminant sources allowable emissions level; provided, that emissions subject to this fee are capped at four thousand (4,000) tons per pollutant, such as TSP, VOC, SO2, NOx, and other pollutants, excluding CO, per facility; (8) Filing/processing fee for solid waste processing facility: two thousand five hundred dollars ($2,500); (9) Filing/processing fee for solid waste landfill permit: ten thousand dollars ($10,000); (10) Annual maintenance fee for a solid waste processing facility: five thousand dollars ($5,000); (11) Annual maintenance fee for a solid waste landfill: fifteen thousand dollars ($15,000); (12) Filing/processing fee for a commercial hazardous waste storage or treatment facility: thirty-seven thousand five hundred dollars ($37,500); (13) Filing/processing fee for a commercial hazardous waste disposal facility or landfill site: seventy-five thousand dollars ($75,000); (14) Annual maintenance fee for a commercial hazardous waste storage or treatment facility: thirty-seven thousand five hundred dollars ($37,500); (15) Annual maintenance fee for a commercial hazardous waste disposal facility or landfill site: seventy-five thousand dollars ($75,000); (16) Filing/processing fee for an on-site hazardous waste storage or treatment facility: fifteen thousand dollars ($15,000); (17) Filing/processing fee for an on-site hazardous waste disposal facility or landfill site: thirty thousand dollars ($30,000); (18) Annual maintenance fee for an on-site hazardous waste storage or treatment facility: eighteen thousand seven hundred fifty dollars ($18,750); (19) Annual maintenance fee for an on-site hazardous waste disposal facility or landfill site: twenty-two thousand five hundred dollars ($22,500); (20) (A) Class I. Dental radiation machines: all diagnostic equipment used exclusively for dental diagnostic procedures: ninety-eight dollars ($98.00); (B) Class II. Priority two medical radiation machines: all diagnostic equipment, not in Class III, used exclusively for medical and veterinary diagnostic procedures: two hundred twenty-five dollars ($225); (C) Class III. Priority one medical radiation machines: all diagnostic X-ray equipment used in radiologists' offices, orthopedic surgeons' offices or hospitals exclusively for medical diagnostic procedures: three hundred dollars ($300); and (D) Class IV. Therapy medical radiation machines: all X-ray equipment with energies less than nine-tenths megaelectron volts (0.9 MeV) used for the purpose of medical and veterinary radiation therapy: four hundred fifty dollars ($450); (21) Well driller annual license fee: two hundred fifty dollars ($250); (22) Well pump and treatment device installer annual license fees: one hundred fifty dollars ($150); (23) Safe dams plans review fee: five thousand dollars ($5,000); (24) Safe dams safety inspection fee: one thousand dollars ($1,000); (25) Permit application fee for oil or gas well: one thousand two hundred dollars ($1,200); and (26) Mineral test hole permit application fee: one hundred dollars ($100).
(1) Filing/processing fee for state water quality permit: five thousand dollars ($5,000);
(2) Annual maintenance fee for NPDES permit or state water quality permit: fifteen thousand dollars ($15,000);
(3) Inspection fee for a major public water or wastewater treatment system: two thousand five hundred dollars ($2,500);
(4) Engineering plans review for water or wastewater systems: one thousand five hundred dollars ($1,500);
(5) Filing/processing fee for construction permit for a new air emission source or the increased emissions to a source: seven thousand five hundred dollars ($7,500);
(6) Filing/processing fee for permit modification for an air emission source: seven hundred fifty dollars ($750);
(7) Air contaminant emissions fee: eighteen dollars and seventy-five cents ($18.75) per ton per year, based on the air contaminant sources allowable emissions level; provided, that emissions subject to this fee are capped at four thousand (4,000) tons per pollutant, such as TSP, VOC, SO2, NOx, and other pollutants, excluding CO, per facility;
(8) Filing/processing fee for solid waste processing facility: two thousand five hundred dollars ($2,500);
(9) Filing/processing fee for solid waste landfill permit: ten thousand dollars ($10,000);
(10) Annual maintenance fee for a solid waste processing facility: five thousand dollars ($5,000);
(11) Annual maintenance fee for a solid waste landfill: fifteen thousand dollars ($15,000);
(12) Filing/processing fee for a commercial hazardous waste storage or treatment facility: thirty-seven thousand five hundred dollars ($37,500);
(13) Filing/processing fee for a commercial hazardous waste disposal facility or landfill site: seventy-five thousand dollars ($75,000);
(14) Annual maintenance fee for a commercial hazardous waste storage or treatment facility: thirty-seven thousand five hundred dollars ($37,500);
(15) Annual maintenance fee for a commercial hazardous waste disposal facility or landfill site: seventy-five thousand dollars ($75,000);
(16) Filing/processing fee for an on-site hazardous waste storage or treatment facility: fifteen thousand dollars ($15,000);
(17) Filing/processing fee for an on-site hazardous waste disposal facility or landfill site: thirty thousand dollars ($30,000);
(18) Annual maintenance fee for an on-site hazardous waste storage or treatment facility: eighteen thousand seven hundred fifty dollars ($18,750);
(19) Annual maintenance fee for an on-site hazardous waste disposal facility or landfill site: twenty-two thousand five hundred dollars ($22,500);
(20) (A) Class I. Dental radiation machines: all diagnostic equipment used exclusively for dental diagnostic procedures: ninety-eight dollars ($98.00); (B) Class II. Priority two medical radiation machines: all diagnostic equipment, not in Class III, used exclusively for medical and veterinary diagnostic procedures: two hundred twenty-five dollars ($225); (C) Class III. Priority one medical radiation machines: all diagnostic X-ray equipment used in radiologists' offices, orthopedic surgeons' offices or hospitals exclusively for medical diagnostic procedures: three hundred dollars ($300); and (D) Class IV. Therapy medical radiation machines: all X-ray equipment with energies less than nine-tenths megaelectron volts (0.9 MeV) used for the purpose of medical and veterinary radiation therapy: four hundred fifty dollars ($450);
(A) Class I. Dental radiation machines: all diagnostic equipment used exclusively for dental diagnostic procedures: ninety-eight dollars ($98.00);
(B) Class II. Priority two medical radiation machines: all diagnostic equipment, not in Class III, used exclusively for medical and veterinary diagnostic procedures: two hundred twenty-five dollars ($225);
(C) Class III. Priority one medical radiation machines: all diagnostic X-ray equipment used in radiologists' offices, orthopedic surgeons' offices or hospitals exclusively for medical diagnostic procedures: three hundred dollars ($300); and
(D) Class IV. Therapy medical radiation machines: all X-ray equipment with energies less than nine-tenths megaelectron volts (0.9 MeV) used for the purpose of medical and veterinary radiation therapy: four hundred fifty dollars ($450);
(21) Well driller annual license fee: two hundred fifty dollars ($250);
(22) Well pump and treatment device installer annual license fees: one hundred fifty dollars ($150);
(23) Safe dams plans review fee: five thousand dollars ($5,000);
(24) Safe dams safety inspection fee: one thousand dollars ($1,000);
(25) Permit application fee for oil or gas well: one thousand two hundred dollars ($1,200); and
(26) Mineral test hole permit application fee: one hundred dollars ($100).
Amended by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Acts 1991, ch. 417, § 3; T.C.A., § 68-1-1303; Acts 2007 , ch. 362, §§ 15, 16, 44; 2009 , ch. 531, § 2.
Tenn. Code Ann. § 68-221-1007 — TN Code / Title 68 / Chapter 221 / Section 68-221-1007
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 36, eff. 7/1/2023. Acts 1987, ch. 299, § 7; T.C.A., § 68-13-1007; Acts 1997 , ch. 483, § 9.
Repealed by 2023 Tenn. Acts, ch. 463, s 36, eff. 7/1/2023.
Acts 1987, ch. 299, § 7; T.C.A., § 68-13-1007; Acts 1997 , ch. 483, § 9.
Tenn. Code Ann. § 68-211-401 — TN Code / Title 68 / Chapter 211 / Section 68-211-401
Part definitions
Status: in_force

(a) For the purposes of this part, unless the context otherwise requires: (1) "Gasification" means a process through which recoverable feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel; (2) "Gasification facility" means a manufacturing facility that is engaged solely in the storage and gasification of recoverable feedstocks for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities; (3) "Post-use polymer" means a plastic polymer that: (A) Is derived from any community, domestic, institutional, industrial, commercial, or other source of operations or activities and may contain incidental contaminants or impurities such as paper labels or metal rings but is not mixed with solid waste, medical waste, hazardous waste, e-waste, tires, or construction demolition debris; and (B) Has been diverted or removed from the solid waste stream for gasification by a gasification facility or pyrolysis by a pyrolysis facility; (4) "Pyrolysis" means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and then cooled, condensed, and converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel; (5) "Pyrolysis facility" means a manufacturing facility that is engaged solely in the storage and pyrolysis of post-use polymers for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities; and (6) "Recoverable feedstock" means: (A) Post-use polymers; and (B) A fuel or feedstock for which the environmental protection agency has made a non-waste determination pursuant to 40 CFR 241.3(c) when it is used in gasification by a gasification facility and is not discarded or used in a manner constituting disposal. (b) Unless the context requires otherwise or this section defines a term differently, the definitions set forth in §§ 68-211-103 and 68-211-802 and in any rules promulgated pursuant to this chapter, apply to terms used in this part. Added by 2019 Tenn. Acts, ch. 181, s 1, eff. 4/23/2019.
(a) For the purposes of this part, unless the context otherwise requires: (1) "Gasification" means a process through which recoverable feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel; (2) "Gasification facility" means a manufacturing facility that is engaged solely in the storage and gasification of recoverable feedstocks for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities; (3) "Post-use polymer" means a plastic polymer that: (A) Is derived from any community, domestic, institutional, industrial, commercial, or other source of operations or activities and may contain incidental contaminants or impurities such as paper labels or metal rings but is not mixed with solid waste, medical waste, hazardous waste, e-waste, tires, or construction demolition debris; and (B) Has been diverted or removed from the solid waste stream for gasification by a gasification facility or pyrolysis by a pyrolysis facility; (4) "Pyrolysis" means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and then cooled, condensed, and converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel; (5) "Pyrolysis facility" means a manufacturing facility that is engaged solely in the storage and pyrolysis of post-use polymers for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities; and (6) "Recoverable feedstock" means: (A) Post-use polymers; and (B) A fuel or feedstock for which the environmental protection agency has made a non-waste determination pursuant to 40 CFR 241.3(c) when it is used in gasification by a gasification facility and is not discarded or used in a manner constituting disposal.
(1) "Gasification" means a process through which recoverable feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel;
(2) "Gasification facility" means a manufacturing facility that is engaged solely in the storage and gasification of recoverable feedstocks for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities;
(3) "Post-use polymer" means a plastic polymer that: (A) Is derived from any community, domestic, institutional, industrial, commercial, or other source of operations or activities and may contain incidental contaminants or impurities such as paper labels or metal rings but is not mixed with solid waste, medical waste, hazardous waste, e-waste, tires, or construction demolition debris; and (B) Has been diverted or removed from the solid waste stream for gasification by a gasification facility or pyrolysis by a pyrolysis facility;
(A) Is derived from any community, domestic, institutional, industrial, commercial, or other source of operations or activities and may contain incidental contaminants or impurities such as paper labels or metal rings but is not mixed with solid waste, medical waste, hazardous waste, e-waste, tires, or construction demolition debris; and
(B) Has been diverted or removed from the solid waste stream for gasification by a gasification facility or pyrolysis by a pyrolysis facility;
(4) "Pyrolysis" means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and then cooled, condensed, and converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel;
(5) "Pyrolysis facility" means a manufacturing facility that is engaged solely in the storage and pyrolysis of post-use polymers for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities; and
(6) "Recoverable feedstock" means: (A) Post-use polymers; and (B) A fuel or feedstock for which the environmental protection agency has made a non-waste determination pursuant to 40 CFR 241.3(c) when it is used in gasification by a gasification facility and is not discarded or used in a manner constituting disposal.
(A) Post-use polymers; and
(B) A fuel or feedstock for which the environmental protection agency has made a non-waste determination pursuant to 40 CFR 241.3(c) when it is used in gasification by a gasification facility and is not discarded or used in a manner constituting disposal.
(b) Unless the context requires otherwise or this section defines a term differently, the definitions set forth in §§ 68-211-103 and 68-211-802 and in any rules promulgated pursuant to this chapter, apply to terms used in this part.
Added by 2019 Tenn. Acts, ch. 181, s 1, eff. 4/23/2019.
Tenn. Code Ann. § 68-221-108 — TN Code / Title 68 / Chapter 221 / Section 68-221-108
Enforcement
Status: in_force

(a) The department may cause the enforcement of any standards, policies, general or special orders, rules or regulations issued by it to control public water supplies and public sewerage systems. (b) Such suit or suits as may be necessary to effectually carry out this part may be instituted, brought and prosecuted, in any court of competent jurisdiction. (c) The district attorney general in whose jurisdiction a violation of this part occurs or the attorney general and reporter, either or both as indicated, shall institute and prosecute such suits when necessity therefor has been shown by those herein clothed with power of investigation. Acts 1945, ch. 52, § 8; C. Supp. 1950, § 5826.8; T.C.A. (orig. ed.), §§ 53-2008, 68-13-108.
(a) The department may cause the enforcement of any standards, policies, general or special orders, rules or regulations issued by it to control public water supplies and public sewerage systems.
(b) Such suit or suits as may be necessary to effectually carry out this part may be instituted, brought and prosecuted, in any court of competent jurisdiction.
(c) The district attorney general in whose jurisdiction a violation of this part occurs or the attorney general and reporter, either or both as indicated, shall institute and prosecute such suits when necessity therefor has been shown by those herein clothed with power of investigation.
Acts 1945, ch. 52, § 8; C. Supp. 1950, § 5826.8; T.C.A. (orig. ed.), §§ 53-2008, 68-13-108.
Tenn. Code Ann. § 68-211-206 — TN Code / Title 68 / Chapter 211 / Section 68-211-206
Inspections of structures - Printing of forms
Status: in_force

(a) When making an inspection of any structure pursuant to § 62-3-128 , § 62-4-127 , this title or title 69, the inspector shall make the following inquiry to the owner of the structure, or, if the owner is not present at the time of an inspection, any other person with the authority to exercise control over the structure who is present at such structure at the time of the inspection: Are you aware that, if any of the following criteria apply to your business and your business utilizes mercury-added consumer products, such as fluorescent light bulbs, the Mercury Product Control Act applies to your business: (1) Employs ten (10) or more employees; (2) Owns or maintains a building of at least three thousand square feet (3,000 sq. ft.), excluding private residences; (3) Owns or maintains one (1) or more electrical distribution systems; (4) Engages in the demolition of buildings, excluding private residences; or (5) Owns or operates a tanning bed salon? The Mercury Product Control Act requires proper recycling of mercury-added consumer products rather than disposing of such products in the solid waste stream. Do you have a plan for recycling mercury-added consumer products? (b) Any governmental entity or contractor that is required to update a form, whether in paper or electronic format, or both, in order to add the question required by subsection (a), shall only do so upon the occasion of the next regularly scheduled printing of such form or software update of a website, which immediately follows April 30, 2010. Acts 2010 , ch. 840, § 7.
(a) When making an inspection of any structure pursuant to § 62-3-128 , § 62-4-127 , this title or title 69, the inspector shall make the following inquiry to the owner of the structure, or, if the owner is not present at the time of an inspection, any other person with the authority to exercise control over the structure who is present at such structure at the time of the inspection: Are you aware that, if any of the following criteria apply to your business and your business utilizes mercury-added consumer products, such as fluorescent light bulbs, the Mercury Product Control Act applies to your business: (1) Employs ten (10) or more employees; (2) Owns or maintains a building of at least three thousand square feet (3,000 sq. ft.), excluding private residences; (3) Owns or maintains one (1) or more electrical distribution systems; (4) Engages in the demolition of buildings, excluding private residences; or (5) Owns or operates a tanning bed salon? The Mercury Product Control Act requires proper recycling of mercury-added consumer products rather than disposing of such products in the solid waste stream. Do you have a plan for recycling mercury-added consumer products?
Are you aware that, if any of the following criteria apply to your business and your business utilizes mercury-added consumer products, such as fluorescent light bulbs, the Mercury Product Control Act applies to your business:
(1) Employs ten (10) or more employees;
(2) Owns or maintains a building of at least three thousand square feet (3,000 sq. ft.), excluding private residences;
(3) Owns or maintains one (1) or more electrical distribution systems;
(4) Engages in the demolition of buildings, excluding private residences; or
(5) Owns or operates a tanning bed salon? The Mercury Product Control Act requires proper recycling of mercury-added consumer products rather than disposing of such products in the solid waste stream. Do you have a plan for recycling mercury-added consumer products?
The Mercury Product Control Act requires proper recycling of mercury-added consumer products rather than disposing of such products in the solid waste stream. Do you have a plan for recycling mercury-added consumer products?
(b) Any governmental entity or contractor that is required to update a form, whether in paper or electronic format, or both, in order to add the question required by subsection (a), shall only do so upon the occasion of the next regularly scheduled printing of such form or software update of a website, which immediately follows April 30, 2010.
Acts 2010 , ch. 840, § 7.
Tenn. Code Ann. § 68-212-114 — TN Code / Title 68 / Chapter 212 / Section 68-212-114
Violations - Civil and criminal penalties
Status: in_force

(a) (1) Any person violating any provision of this part, or failing, neglecting or refusing to comply with any order, or any term or condition of any permit, issued by the commissioner or board, commits a Class A misdemeanor. Each day upon which a violation occurs constitutes a separate punishable offense. (2) Any person who knowingly disposes of hazardous waste in violation of this part, rules, regulations, the terms or conditions of a permit, or orders of the commissioner or board commits a Class C felony. Each day upon which such violation occurs constitutes a separate punishable offense. (3) In addition to the penalties imposed under subdivisions (a)(1) and (2), the court, department or board may suspend the permit to store, transport, treat or dispose of hazardous waste for a period of up to ten (10) years of any person who has been convicted of two (2) such felonies within a two-year period. The court, department or board shall suspend the permit to store, transport, treat or dispose of hazardous waste for a period of ten (10) years of any person who has been convicted of three (3) such felonies within a two-year period. No person who has had such person's permit suspended pursuant to this subsection (a) shall be eligible to apply for any other permit issued pursuant to this part until the period of time for which the permit was suspended has expired. No succeeding person who has substantial factual or legal connections, continuity or identity with any person who has had such person's permit suspended pursuant to this subsection (a) shall be eligible to apply for any permit issued pursuant to this part until the period of time for which the permit was suspended has expired, but a succeeding person who is a good faith purchaser and who does not have substantial factual or legal connections, continuity or identity, may apply for a permit. Determination of factual or legal connection, continuity or identity under this subsection (a) shall be made by the chancellor of Davidson County upon request of the succeeding person. Nothing in this subsection (a) precludes the suspension, revocation or denial of a permit by the department or board when such action is otherwise authorized by law. (b) (1) Any person who violates or fails to comply with any provision of this part, any order of the board or commissioner, the terms or conditions of any permit issued, or any rule, regulation or standard adopted pursuant to this part shall be subject to a civil penalty of up to fifty thousand dollars ($50,000) per day for each day of violation. Each day upon which such violation occurs constitutes a separate punishable offense, and such person shall also be liable for any damages to the state resulting therefrom. (2) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; (B) Any person against whom an assessment has been issued may petition the board for a review of the assessment; (C) The manner of review of an assessment shall be the same as that for an order as set out in § 68-212-113 ; (D) 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 (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (3) In assessing a civil penalty, the following factors may be considered: (A) The harm done to public health or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; and (D) Any unusual or extraordinary enforcement costs incurred by the commissioner. (4) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition. (c) (1) Any person who violates or fails to comply with any provision of this part or any rule, regulation, or standard adopted pursuant to this part shall be subject to an administrative penalty not to exceed one thousand dollars ($1,000) per violation, with each day such violation continues constituting a separate punishable offense. (2) The board shall promulgate and adopt rules and regulations establishing a schedule of administrative penalty amounts for certain specific non-discretion violations or categories of violations established by this part. (3) The commissioner may issue an assessment of administrative penalties against any person responsible for a nondiscretionary violation. Such person shall receive notice of such assessment by certified mail, return receipt requested. (4) Any person against whom an assessment of administrative penalties has been issued may petition the board for a review of the assessment. The manner of such review shall be the same as that for an order as set out in § 68-212-113 . If a petition for review of an 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. (5) The commissioner may issue an assessment of civil penalties pursuant to subsection (b) against any person who fails to comply with an assessment of administrative penalties lawfully issued in accordance with this subsection (c). (d) Any person qualified by law may intervene as a matter of right in any court action brought by the commissioner or board pursuant to this part. (e) (1) Whenever any order or assessment under § 68-212-113 or this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of the chancery court of Davidson County. (2) When filed in accordance with subdivision (e)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited therein. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6. (3) (A) If the final order or assessment resulting in a judgment under subdivision (e)(2) is from the board, the judgment shall become final thirty (30) days after the date a summons has been served upon the defendant. (B) If the final order or assessment resulting in a judgment under subdivision (e)(2) is from the commissioner, any citizen shall, within forty-five (45) days after entry of the judgment, have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry. (4) A final judgment under this subsection (e) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state. Acts 1977, ch. 175, § 13; 1979, ch. 410, §§ 9, 11; T.C.A., § 53-6314; Acts 1983, ch. 317, § 4; 1984, ch. 577, § 11; 1988, ch. 559, § 4; 1989, ch. 321, §§ 3, 4; 1989, ch. 591, §§ 100, 112; 1990, ch. 757, §§ 1-7; T.C.A., § 68-46-114.
(a) (1) Any person violating any provision of this part, or failing, neglecting or refusing to comply with any order, or any term or condition of any permit, issued by the commissioner or board, commits a Class A misdemeanor. Each day upon which a violation occurs constitutes a separate punishable offense. (2) Any person who knowingly disposes of hazardous waste in violation of this part, rules, regulations, the terms or conditions of a permit, or orders of the commissioner or board commits a Class C felony. Each day upon which such violation occurs constitutes a separate punishable offense. (3) In addition to the penalties imposed under subdivisions (a)(1) and (2), the court, department or board may suspend the permit to store, transport, treat or dispose of hazardous waste for a period of up to ten (10) years of any person who has been convicted of two (2) such felonies within a two-year period. The court, department or board shall suspend the permit to store, transport, treat or dispose of hazardous waste for a period of ten (10) years of any person who has been convicted of three (3) such felonies within a two-year period. No person who has had such person's permit suspended pursuant to this subsection (a) shall be eligible to apply for any other permit issued pursuant to this part until the period of time for which the permit was suspended has expired. No succeeding person who has substantial factual or legal connections, continuity or identity with any person who has had such person's permit suspended pursuant to this subsection (a) shall be eligible to apply for any permit issued pursuant to this part until the period of time for which the permit was suspended has expired, but a succeeding person who is a good faith purchaser and who does not have substantial factual or legal connections, continuity or identity, may apply for a permit. Determination of factual or legal connection, continuity or identity under this subsection (a) shall be made by the chancellor of Davidson County upon request of the succeeding person. Nothing in this subsection (a) precludes the suspension, revocation or denial of a permit by the department or board when such action is otherwise authorized by law.
(1) Any person violating any provision of this part, or failing, neglecting or refusing to comply with any order, or any term or condition of any permit, issued by the commissioner or board, commits a Class A misdemeanor. Each day upon which a violation occurs constitutes a separate punishable offense.
(2) Any person who knowingly disposes of hazardous waste in violation of this part, rules, regulations, the terms or conditions of a permit, or orders of the commissioner or board commits a Class C felony. Each day upon which such violation occurs constitutes a separate punishable offense.
(3) In addition to the penalties imposed under subdivisions (a)(1) and (2), the court, department or board may suspend the permit to store, transport, treat or dispose of hazardous waste for a period of up to ten (10) years of any person who has been convicted of two (2) such felonies within a two-year period. The court, department or board shall suspend the permit to store, transport, treat or dispose of hazardous waste for a period of ten (10) years of any person who has been convicted of three (3) such felonies within a two-year period. No person who has had such person's permit suspended pursuant to this subsection (a) shall be eligible to apply for any other permit issued pursuant to this part until the period of time for which the permit was suspended has expired. No succeeding person who has substantial factual or legal connections, continuity or identity with any person who has had such person's permit suspended pursuant to this subsection (a) shall be eligible to apply for any permit issued pursuant to this part until the period of time for which the permit was suspended has expired, but a succeeding person who is a good faith purchaser and who does not have substantial factual or legal connections, continuity or identity, may apply for a permit. Determination of factual or legal connection, continuity or identity under this subsection (a) shall be made by the chancellor of Davidson County upon request of the succeeding person. Nothing in this subsection (a) precludes the suspension, revocation or denial of a permit by the department or board when such action is otherwise authorized by law.
(b) (1) Any person who violates or fails to comply with any provision of this part, any order of the board or commissioner, the terms or conditions of any permit issued, or any rule, regulation or standard adopted pursuant to this part shall be subject to a civil penalty of up to fifty thousand dollars ($50,000) per day for each day of violation. Each day upon which such violation occurs constitutes a separate punishable offense, and such person shall also be liable for any damages to the state resulting therefrom. (2) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; (B) Any person against whom an assessment has been issued may petition the board for a review of the assessment; (C) The manner of review of an assessment shall be the same as that for an order as set out in § 68-212-113 ; (D) 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 (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (3) In assessing a civil penalty, the following factors may be considered: (A) The harm done to public health or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; and (D) Any unusual or extraordinary enforcement costs incurred by the commissioner. (4) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
(1) Any person who violates or fails to comply with any provision of this part, any order of the board or commissioner, the terms or conditions of any permit issued, or any rule, regulation or standard adopted pursuant to this part shall be subject to a civil penalty of up to fifty thousand dollars ($50,000) per day for each day of violation. Each day upon which such violation occurs constitutes a separate punishable offense, and such person shall also be liable for any damages to the state resulting therefrom.
(2) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; (B) Any person against whom an assessment has been issued may petition the board for a review of the assessment; (C) The manner of review of an assessment shall be the same as that for an order as set out in § 68-212-113 ; (D) 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 (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested;
(B) Any person against whom an assessment has been issued may petition the board for a review of the assessment;
(C) The manner of review of an assessment shall be the same as that for an order as set out in § 68-212-113 ;
(D) 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
(E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(3) In assessing a civil penalty, the following factors may be considered: (A) The harm done to public health or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; and (D) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(A) The harm done to public health or the environment;
(B) The economic benefit gained by the violators;
(C) The amount of effort put forth by the violator to attain compliance; and
(D) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(4) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
(c) (1) Any person who violates or fails to comply with any provision of this part or any rule, regulation, or standard adopted pursuant to this part shall be subject to an administrative penalty not to exceed one thousand dollars ($1,000) per violation, with each day such violation continues constituting a separate punishable offense. (2) The board shall promulgate and adopt rules and regulations establishing a schedule of administrative penalty amounts for certain specific non-discretion violations or categories of violations established by this part. (3) The commissioner may issue an assessment of administrative penalties against any person responsible for a nondiscretionary violation. Such person shall receive notice of such assessment by certified mail, return receipt requested. (4) Any person against whom an assessment of administrative penalties has been issued may petition the board for a review of the assessment. The manner of such review shall be the same as that for an order as set out in § 68-212-113 . If a petition for review of an 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. (5) The commissioner may issue an assessment of civil penalties pursuant to subsection (b) against any person who fails to comply with an assessment of administrative penalties lawfully issued in accordance with this subsection (c).
(1) Any person who violates or fails to comply with any provision of this part or any rule, regulation, or standard adopted pursuant to this part shall be subject to an administrative penalty not to exceed one thousand dollars ($1,000) per violation, with each day such violation continues constituting a separate punishable offense.
(2) The board shall promulgate and adopt rules and regulations establishing a schedule of administrative penalty amounts for certain specific non-discretion violations or categories of violations established by this part.
(3) The commissioner may issue an assessment of administrative penalties against any person responsible for a nondiscretionary violation. Such person shall receive notice of such assessment by certified mail, return receipt requested.
(4) Any person against whom an assessment of administrative penalties has been issued may petition the board for a review of the assessment. The manner of such review shall be the same as that for an order as set out in § 68-212-113 . If a petition for review of an 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.
(5) The commissioner may issue an assessment of civil penalties pursuant to subsection (b) against any person who fails to comply with an assessment of administrative penalties lawfully issued in accordance with this subsection (c).
(d) Any person qualified by law may intervene as a matter of right in any court action brought by the commissioner or board pursuant to this part.
(e) (1) Whenever any order or assessment under § 68-212-113 or this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of the chancery court of Davidson County. (2) When filed in accordance with subdivision (e)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited therein. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6. (3) (A) If the final order or assessment resulting in a judgment under subdivision (e)(2) is from the board, the judgment shall become final thirty (30) days after the date a summons has been served upon the defendant. (B) If the final order or assessment resulting in a judgment under subdivision (e)(2) is from the commissioner, any citizen shall, within forty-five (45) days after entry of the judgment, have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry. (4) A final judgment under this subsection (e) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.
(1) Whenever any order or assessment under § 68-212-113 or this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of the chancery court of Davidson County.
(2) When filed in accordance with subdivision (e)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited therein. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6.
(3) (A) If the final order or assessment resulting in a judgment under subdivision (e)(2) is from the board, the judgment shall become final thirty (30) days after the date a summons has been served upon the defendant. (B) If the final order or assessment resulting in a judgment under subdivision (e)(2) is from the commissioner, any citizen shall, within forty-five (45) days after entry of the judgment, have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry.
(A) If the final order or assessment resulting in a judgment under subdivision (e)(2) is from the board, the judgment shall become final thirty (30) days after the date a summons has been served upon the defendant.
(B) If the final order or assessment resulting in a judgment under subdivision (e)(2) is from the commissioner, any citizen shall, within forty-five (45) days after entry of the judgment, have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry.
(4) A final judgment under this subsection (e) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.
Acts 1977, ch. 175, § 13; 1979, ch. 410, §§ 9, 11; T.C.A., § 53-6314; Acts 1983, ch. 317, § 4; 1984, ch. 577, § 11; 1988, ch. 559, § 4; 1989, ch. 321, §§ 3, 4; 1989, ch. 591, §§ 100, 112; 1990, ch. 757, §§ 1-7; T.C.A., § 68-46-114.
Tenn. Code Ann. § 68-211-1105 — TN Code / Title 68 / Chapter 211 / Section 68-211-1105
[Effective 7/1/2025] Rules
Status: in_force

The board shall promulgate rules to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
The board shall promulgate rules to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.