Tenn. Code Ann. § 69-5-814 — TN Code / Title 69 / Chapter 5 / Section 69-5-814
Vendee to report sale of tract - Collections made accordingly
Status: in_force

When voluntary sales of any property located within any drainage district have been made, it shall be the duty of the vendee of the sales to report the sales to the trustee who shall make the change in the drainage assessment book, and thereafter make the collection or assessments accordingly. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b8; mod. Code 1932, §4276; T.C.A. (orig. ed.), § 70-1318; T.C.A. § 69-6-814.
When voluntary sales of any property located within any drainage district have been made, it shall be the duty of the vendee of the sales to report the sales to the trustee who shall make the change in the drainage assessment book, and thereafter make the collection or assessments accordingly.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b8; mod. Code 1932, §4276; T.C.A. (orig. ed.), § 70-1318; T.C.A. § 69-6-814.
Tenn. Code Ann. § 69-11-101 — TN Code / Title 69 / Chapter 11 / Section 69-11-101
Short title
Status: in_force

This chapter shall be known as and may be cited as the "Safe Dams Act of 1973." Acts 1973, ch. 182, § 1; T.C.A., § 70-2501; T.C.A. § 69-12-101.
This chapter shall be known as and may be cited as the "Safe Dams Act of 1973."
Acts 1973, ch. 182, § 1; T.C.A., § 70-2501; T.C.A. § 69-12-101.
Tenn. Code Ann. § 69-11-125 — TN Code / Title 69 / Chapter 11 / Section 69-11-125
Local regulation restricted
Status: in_force

(a) Except as provided in subsection (b), no municipality, county, nor any group of counties, or other person, shall regulate, supervise, or provide for the regulation or supervision of any dams or reservoirs within their jurisdictions, including the construction, maintenance, operation, removal, or abandonment of dams or reservoirs, nor to limit the size of a dam or reservoir or the amount of water that may be stored in dams or reservoirs, where the exercise of such authority would conflict with the powers and authority vested in the commissioner by this chapter. (b) Home rule municipalities in counties with a population of over six hundred thousand (600,000) according to the 1970 federal census, or any subsequent federal census, may exercise an option by ordinance to adopt regulations governing, supervising or otherwise controlling such dams and reservoirs within the city or county within a period of one (1) year from April 1, 1974, or in the case of local governments created after July 1, 1974, within one (1) year following the creation of such government, which shall be consistent with these regulations but may be more restrictive and require municipal approval of such plans and specifications. (c) If, at any time, the commissioner determines that the political subdivision's regulations or their enforcement are inconsistent or less stringent than state requirements, the commissioner shall require the political subdivision to comply with state regulations. Acts 1973, ch. 182, § 14; 1974, ch. 674, § 1; T.C.A., § 70-2530; Acts 1984, ch. 805, § 11; T.C.A. § 69-12-125.
(a) Except as provided in subsection (b), no municipality, county, nor any group of counties, or other person, shall regulate, supervise, or provide for the regulation or supervision of any dams or reservoirs within their jurisdictions, including the construction, maintenance, operation, removal, or abandonment of dams or reservoirs, nor to limit the size of a dam or reservoir or the amount of water that may be stored in dams or reservoirs, where the exercise of such authority would conflict with the powers and authority vested in the commissioner by this chapter.
(b) Home rule municipalities in counties with a population of over six hundred thousand (600,000) according to the 1970 federal census, or any subsequent federal census, may exercise an option by ordinance to adopt regulations governing, supervising or otherwise controlling such dams and reservoirs within the city or county within a period of one (1) year from April 1, 1974, or in the case of local governments created after July 1, 1974, within one (1) year following the creation of such government, which shall be consistent with these regulations but may be more restrictive and require municipal approval of such plans and specifications.
(c) If, at any time, the commissioner determines that the political subdivision's regulations or their enforcement are inconsistent or less stringent than state requirements, the commissioner shall require the political subdivision to comply with state regulations.
Acts 1973, ch. 182, § 14; 1974, ch. 674, § 1; T.C.A., § 70-2530; Acts 1984, ch. 805, § 11; T.C.A. § 69-12-125.
Tenn. Code Ann. § 69-3-128 — TN Code / Title 69 / Chapter 3 / Section 69-3-128
Pretreatment enforcement
Status: in_force

Any net increase in expenditures after subtracting out net gains from penalties and damage payments received by a local governmental entity pursuant to §§ 69-3-123 - 69-3-129 shall be borne equally by the local governmental entity and by the department. The local governmental entity shall document and verify its expenditures before receiving reimbursement from the department. Acts 1987, ch. 111, § 8; 1992, ch. 693, § 1.
Any net increase in expenditures after subtracting out net gains from penalties and damage payments received by a local governmental entity pursuant to §§ 69-3-123 - 69-3-129 shall be borne equally by the local governmental entity and by the department. The local governmental entity shall document and verify its expenditures before receiving reimbursement from the department.
Acts 1987, ch. 111, § 8; 1992, ch. 693, § 1.
Tenn. Code Ann. § 69-5-140 — TN Code / Title 69 / Chapter 5 / Section 69-5-140
Drainage record book
Status: in_force

In any county where a district is sought to be established, the county clerk shall provide a book to be known as the "drainage record," to be paid for by the county, and the clerk shall keep in the drainage record book a full and complete record of all proceedings in each case arising under this chapter, including all orders made by the county court, and certified from the circuit court, and a copy of the original petition shall be enrolled in the drainage record, all bonds required to be given. All orders and judgments of the county court touching any matter of the district may be entered upon the drainage record book, without being entered upon the regular minute book, but it shall be sufficient if such orders or judgments are entered either upon the drainage record or the regular minute book of the court. Acts 1909, ch. 185, § 15; 1913 (1st Ex. Sess.), ch. 25, § 7; Shan., § 3871a74; Code 1932, § 4302; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 70-748; T.C.A. § 69-6-140 .
In any county where a district is sought to be established, the county clerk shall provide a book to be known as the "drainage record," to be paid for by the county, and the clerk shall keep in the drainage record book a full and complete record of all proceedings in each case arising under this chapter, including all orders made by the county court, and certified from the circuit court, and a copy of the original petition shall be enrolled in the drainage record, all bonds required to be given. All orders and judgments of the county court touching any matter of the district may be entered upon the drainage record book, without being entered upon the regular minute book, but it shall be sufficient if such orders or judgments are entered either upon the drainage record or the regular minute book of the court.
Acts 1909, ch. 185, § 15; 1913 (1st Ex. Sess.), ch. 25, § 7; Shan., § 3871a74; Code 1932, § 4302; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 70-748; T.C.A. § 69-6-140 .
Tenn. Code Ann. § 69-5-906 — TN Code / Title 69 / Chapter 5 / Section 69-5-906
Multi-county districts - Issuance and payment of bonds
Status: in_force

When a district lies in more than one (1) county, the county court of each county shall so determine whether bonds shall be issued to meet the expenses, of the improvement so far as the lands of the district lie in that county; and, if so issued, the bonds shall be signed by the county mayor of such county, and countersigned by the county clerk, and verified by the county seal or seal of the county clerk, and shall be payable only out of the assessments levied for such improvement on the lands in such county, as provided by this part when such district is wholly in one (1) county. Acts 1909, ch. 185, § 27; Shan., § 3871a112; Code 1932, §4340; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1406; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-906.
When a district lies in more than one (1) county, the county court of each county shall so determine whether bonds shall be issued to meet the expenses, of the improvement so far as the lands of the district lie in that county; and, if so issued, the bonds shall be signed by the county mayor of such county, and countersigned by the county clerk, and verified by the county seal or seal of the county clerk, and shall be payable only out of the assessments levied for such improvement on the lands in such county, as provided by this part when such district is wholly in one (1) county.
Acts 1909, ch. 185, § 27; Shan., § 3871a112; Code 1932, §4340; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1406; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-906.
Tenn. Code Ann. § 69-6-145 — TN Code / Title 69 / Chapter 6 / Section 69-6-145
Collection of ad valorem taxes - Commission - Delinquent taxes
Status: in_force

(a) Ad valorem taxes would be collected by the trustee of the county in which the lands are located, in the same manner and at the same time in which other county taxes upon such lands within the watershed district are collected. (b) The trustee is entitled to a commission of one percent (1%) upon the ad valorem taxes so collected as a commission for such trustee's services. The trustee shall account quarterly to the treasurer of the district for the ad valorem taxes so collected. (c) Ad valorem taxes are a lien upon the lands embraced in a watershed district as are county taxes and shall be collected by suit in the same manner as other county taxes, if the same are not paid to the trustee in due course. They shall become delinquent at the same time and in the same manner as county taxes. Acts 1955, ch. 112, § 29; T.C.A., § 70-1845; T.C.A. § 69-7-145.
(a) Ad valorem taxes would be collected by the trustee of the county in which the lands are located, in the same manner and at the same time in which other county taxes upon such lands within the watershed district are collected.
(b) The trustee is entitled to a commission of one percent (1%) upon the ad valorem taxes so collected as a commission for such trustee's services. The trustee shall account quarterly to the treasurer of the district for the ad valorem taxes so collected.
(c) Ad valorem taxes are a lien upon the lands embraced in a watershed district as are county taxes and shall be collected by suit in the same manner as other county taxes, if the same are not paid to the trustee in due course. They shall become delinquent at the same time and in the same manner as county taxes.
Acts 1955, ch. 112, § 29; T.C.A., § 70-1845; T.C.A. § 69-7-145.
Tenn. Code Ann. § 69-1-116 — TN Code / Title 69 / Chapter 1 / Section 69-1-116
Eleemosynary institutions - Access to water
Status: in_force

Orphan asylums, houses for destitute children, reformatory institutions, industrial schools, asylums for the insane, homes for confederate or federal soldiers, national homes for disabled volunteer soldiers, and all eleemosynary institutions of like class chartered or incorporated under the laws of the state of Tennessee, or of the United States congress, dependent for support upon the public, have the right to acquire, by purchase or donation, springs of water, flowing streams, and water rights of lower riparian owners; and, further, the right and power to acquire, by purchase, donation, or condemnation, the riparian rights of lower owners of land through which flows the water of springs so purchased or donated, to the flow of water from the springs, rights-of-way through the lands of intervening property owners, when necessary for the purpose of conveying water by means of pipes and conductors, and suitable site or sites for pumping stations and reservoirs, all so as to procure a sufficient supply of potable and wholesome water for such institutions. Acts 1903, ch. 289, § 1; Shan., § 1880a28; mod. Code 1932, § 3164; T.C.A. (orig. ed.), § 70-121.
Orphan asylums, houses for destitute children, reformatory institutions, industrial schools, asylums for the insane, homes for confederate or federal soldiers, national homes for disabled volunteer soldiers, and all eleemosynary institutions of like class chartered or incorporated under the laws of the state of Tennessee, or of the United States congress, dependent for support upon the public, have the right to acquire, by purchase or donation, springs of water, flowing streams, and water rights of lower riparian owners; and, further, the right and power to acquire, by purchase, donation, or condemnation, the riparian rights of lower owners of land through which flows the water of springs so purchased or donated, to the flow of water from the springs, rights-of-way through the lands of intervening property owners, when necessary for the purpose of conveying water by means of pipes and conductors, and suitable site or sites for pumping stations and reservoirs, all so as to procure a sufficient supply of potable and wholesome water for such institutions.
Acts 1903, ch. 289, § 1; Shan., § 1880a28; mod. Code 1932, § 3164; T.C.A. (orig. ed.), § 70-121.
Tenn. Code Ann. § 69-5-818 — TN Code / Title 69 / Chapter 5 / Section 69-5-818
Date assessments become delinquent - Penalty and interest
Status: in_force

The assessment levied under this chapter shall become due and payable, and shall be delinquent at the same time as state and county taxes become due and delinquent. On November 15 after such assessments become delinquent, a penalty of ten percent (10%) of the amount of such assessments shall accrue on the delinquency, and in addition such assessments shall bear interest at the legal rate from the date they are delinquent until paid, to pay the cost of collecting them so as to hold the district harmless. Acts 1909, ch. 185, § 32a, as added by Acts 1923, ch. 73, § 2; 1925, ch. 93, §1; Shan. Supp., § 3871a122b2; Code 1932, § 4353; T.C.A. (orig. ed.), § 70-1322; T.C.A. § 69-6-818.
The assessment levied under this chapter shall become due and payable, and shall be delinquent at the same time as state and county taxes become due and delinquent. On November 15 after such assessments become delinquent, a penalty of ten percent (10%) of the amount of such assessments shall accrue on the delinquency, and in addition such assessments shall bear interest at the legal rate from the date they are delinquent until paid, to pay the cost of collecting them so as to hold the district harmless.
Acts 1909, ch. 185, § 32a, as added by Acts 1923, ch. 73, § 2; 1925, ch. 93, §1; Shan. Supp., § 3871a122b2; Code 1932, § 4353; T.C.A. (orig. ed.), § 70-1322; T.C.A. § 69-6-818.
Tenn. Code Ann. § 69-11-109 — TN Code / Title 69 / Chapter 11 / Section 69-11-109
Failure to apply - Notice
Status: in_force

The commissioner shall give notice to file to owners who have failed to make application as required by §§ 69-11-105 - 69-11-109, and failure to so file within thirty (30) days after such notice has been given shall be a violation of this chapter. Acts 1973, ch. 182, § 4; T.C.A., § 70-2510; T.C.A. § 69-12-109.
The commissioner shall give notice to file to owners who have failed to make application as required by §§ 69-11-105 - 69-11-109, and failure to so file within thirty (30) days after such notice has been given shall be a violation of this chapter.
Acts 1973, ch. 182, § 4; T.C.A., § 70-2510; T.C.A. § 69-12-109.
Tenn. Code Ann. § 69-5-116 — TN Code / Title 69 / Chapter 5 / Section 69-5-116
Location of drains and ditches
Status: in_force

The ditches and drains provided for shall be surveyed and located along the general course of the natural streams and watercourses, or in the general course of the natural drainage of the lands of the district, unless there is some special and good reason why the natural course should be departed from to secure a new and better outlet, having due regard to the straightening and shortening of such natural streams, watercourses, and course of natural drainage. Acts 1909, ch. 185, §3; Shan., § 3871a22; Code 1932, § 4231; T.C.A. (orig. ed.), § 70-720; T.C.A. § 69-6-116 .
The ditches and drains provided for shall be surveyed and located along the general course of the natural streams and watercourses, or in the general course of the natural drainage of the lands of the district, unless there is some special and good reason why the natural course should be departed from to secure a new and better outlet, having due regard to the straightening and shortening of such natural streams, watercourses, and course of natural drainage.
Acts 1909, ch. 185, §3; Shan., § 3871a22; Code 1932, § 4231; T.C.A. (orig. ed.), § 70-720; T.C.A. § 69-6-116 .
Tenn. Code Ann. § 69-5-930 — TN Code / Title 69 / Chapter 5 / Section 69-5-930
Powers of receiver - Removal and appointment of another
Status: in_force

Any receiver appointed pursuant to § 69-5-929 shall have the power to institute suits for the collection of delinquent assessments in the same manner as the district itself would have had and with the same effect and to do all things necessary to collect delinquent assessments or other debts due the district. Such receiver shall first pay all costs out of the assessments as soon as collected, and shall then prorate the remainder to the payment of bonds and coupons then due. The receiver shall be under the jurisdiction and control of the court appointing the receiver, and shall have power to proceed in any court of competent jurisdiction where it is necessary to enforce any lien against any land within the district. The court shall have the power to discharge the receiver at any time and appoint another receiver, and when all bonds and interest coupons overdue have been paid, the receiver shall be discharged. The receiver shall have further authority to give a deed and pass good title to any lands in the district that may be advertised for sale and sold for delinquent taxes, subject only to the rights of the owner of the lands to redeem the land within two (2) years from the date of the sale, on payment of the amount paid by the purchaser for the land, with legal interest on the amount paid, to the date of redemption. Any person owning an undivided interest or any specific portion thereof or any part of any tract or tracts of land that is assessed for drainage sums assessed to another shall receive receipt in full for that person's taxes on paying such portion of the taxes as the claims of the property or such proportion of the taxes as that person's quantity of the property bears to the whole quantity taxed. Acts 1909, ch. 185, § 34b, as added by Acts 1923, ch. 73, § 3; Shan. Supp., § 3871a135b3; mod. Code 1932, § 4370; T.C.A. (orig. ed.), § 70-1431; T.C.A. § 69-6-930.
Any receiver appointed pursuant to § 69-5-929 shall have the power to institute suits for the collection of delinquent assessments in the same manner as the district itself would have had and with the same effect and to do all things necessary to collect delinquent assessments or other debts due the district. Such receiver shall first pay all costs out of the assessments as soon as collected, and shall then prorate the remainder to the payment of bonds and coupons then due. The receiver shall be under the jurisdiction and control of the court appointing the receiver, and shall have power to proceed in any court of competent jurisdiction where it is necessary to enforce any lien against any land within the district. The court shall have the power to discharge the receiver at any time and appoint another receiver, and when all bonds and interest coupons overdue have been paid, the receiver shall be discharged. The receiver shall have further authority to give a deed and pass good title to any lands in the district that may be advertised for sale and sold for delinquent taxes, subject only to the rights of the owner of the lands to redeem the land within two (2) years from the date of the sale, on payment of the amount paid by the purchaser for the land, with legal interest on the amount paid, to the date of redemption. Any person owning an undivided interest or any specific portion thereof or any part of any tract or tracts of land that is assessed for drainage sums assessed to another shall receive receipt in full for that person's taxes on paying such portion of the taxes as the claims of the property or such proportion of the taxes as that person's quantity of the property bears to the whole quantity taxed.
Acts 1909, ch. 185, § 34b, as added by Acts 1923, ch. 73, § 3; Shan. Supp., § 3871a135b3; mod. Code 1932, § 4370; T.C.A. (orig. ed.), § 70-1431; T.C.A. § 69-6-930.
Tenn. Code Ann. § 69-5-824 — TN Code / Title 69 / Chapter 5 / Section 69-5-824
Tax assessment of tracts partly outside district limits
Status: in_force

All tax assessors, in assessing for public taxes any tract of land lying partly within the limits of a drainage district or drainage and levee district and partly outside of the limits of such district, shall assess that part of the tract lying within the limits of such district as one (1) independent tract, and that part of any such tract lying outside of the limits of such district as an independent tract, to the end that it may be definitely known what is the amount of the state and county taxes, and any special school district taxes, assessed against the part of the land within the limits of such district. Acts 1927, ch. 74, § 1; mod. Code 1932, § 4359; T.C.A. (orig. ed.), § 70-1328; T.C.A. § 69-6-824.
All tax assessors, in assessing for public taxes any tract of land lying partly within the limits of a drainage district or drainage and levee district and partly outside of the limits of such district, shall assess that part of the tract lying within the limits of such district as one (1) independent tract, and that part of any such tract lying outside of the limits of such district as an independent tract, to the end that it may be definitely known what is the amount of the state and county taxes, and any special school district taxes, assessed against the part of the land within the limits of such district.
Acts 1927, ch. 74, § 1; mod. Code 1932, § 4359; T.C.A. (orig. ed.), § 70-1328; T.C.A. § 69-6-824.
Tenn. Code Ann. § 69-8-101 — TN Code / Title 69 / Chapter 8 / Section 69-8-101
Compact authorized - Form
Status: in_force

The governor, on behalf of this state, is hereby authorized to execute a compact in substantially the form set forth in this section, with the states of Alabama and Mississippi and/or with states contiguous with either of these states, and the general assembly hereby signifies its approval and ratification of such compact, which shall be executed in substantially the following form when the general assemblies or the chief legislative bodies of the states of Alabama and Mississippi have approved the state of Tennessee to become a party to the compact, to wit: TENNESSEE-TOMBIGBEE WATERWAY DEVELOPMENT COMPACT ARTICLE I The purpose of this compact is to promote the development of a navigable waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork of the Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine-foot navigable channel from the junction of the Tombigbee and Warrior Rivers at Demopolis in the state of Alabama to the junction of Yellow Creek with the Tennessee River at Pickwick pool in the state of Mississippi and to establish a joint inter-state authority to assist in these efforts. ARTICLE II This compact shall become effective immediately as to the states ratifying it whenever the states of Alabama and Mississippi have ratified it and congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states. ARTICLE III The states which are parties to this compact (hereinafter referred to as "party states") do hereby establish and create a joint agency which shall be known as the Tennessee-Tombigbee Waterway Development Authority (hereinafter referred to as the "Authority"). The membership of the Authority shall consist of the governor of each party state and five (5) other citizens of each party state, to be appointed by the governor thereof. Each appointed member of the Authority shall be a citizen of that state who is interested in the promotion and development of waterways and water transportation. The appointive members of the Authority shall serve for terms of four (4) years each. Vacancies on the Authority shall be filled by appointment by the governor for the unexpired portion of the term. The members of the Authority shall not be compensated, but each shall be entitled to actual expenses incurred in attending meetings, or incurred otherwise in the performance of the member's duties as a member of the Authority. The members of the Authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chair and vice chair from among their members, and the chair shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the Authority (hereinafter provided for) shall notify each member in writing of all meetings of the Authority in such a manner and under such rules and regulations as the Authority may prescribe. The Authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business, and shall furnish a copy thereof to each member of the Authority. It shall be the duty of the Authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of the Tennessee-Tombigbee waterway. Toward this end, the Authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the development of the Tennessee-Tombigbee waterway, and to make reports thereon; to acquire, by gift or otherwise, and hold and dispose of such money and property as may be provided for the proper performance of their functions; to cooperate with other public or private groups, whether local, state, regional, or national, having an interest in waterways development; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officials and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the development of the Tennessee-Tombigbee waterway and to carry out the purposes of this compact. ARTICLE IV The Authority shall appoint a secretary, who shall be a person familiar with the nature, procedures, and significances of inland waterways development and the informational, educational, and publicity methods of stimulating general interest in such developments, and who shall be the compact administrator. The secretary's term of office shall be at the pleasure of the Authority and the secretary shall receive such compensation as the Authority shall prescribe. The secretary shall maintain custody of the Authority's books, records, and papers, which the secretary shall keep in the office of the Authority, and the secretary shall perform all functions and duties, and exercise all powers and authorities that may be delegated to the secretary by the Authority. ARTICLE V Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other waterway project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state. ARTICLE VI This compact shall continue in force and remain binding upon each party state until the general assembly or governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the general assembly or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action. Acts 1959, ch. 55, §1; T.C.A., § 70-2101; T.C.A. § 69-9-101 .
The governor, on behalf of this state, is hereby authorized to execute a compact in substantially the form set forth in this section, with the states of Alabama and Mississippi and/or with states contiguous with either of these states, and the general assembly hereby signifies its approval and ratification of such compact, which shall be executed in substantially the following form when the general assemblies or the chief legislative bodies of the states of Alabama and Mississippi have approved the state of Tennessee to become a party to the compact, to wit:
TENNESSEE-TOMBIGBEE WATERWAY DEVELOPMENT COMPACT
ARTICLE I The purpose of this compact is to promote the development of a navigable waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork of the Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine-foot navigable channel from the junction of the Tombigbee and Warrior Rivers at Demopolis in the state of Alabama to the junction of Yellow Creek with the Tennessee River at Pickwick pool in the state of Mississippi and to establish a joint inter-state authority to assist in these efforts.
The purpose of this compact is to promote the development of a navigable waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork of the Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine-foot navigable channel from the junction of the Tombigbee and Warrior Rivers at Demopolis in the state of Alabama to the junction of Yellow Creek with the Tennessee River at Pickwick pool in the state of Mississippi and to establish a joint inter-state authority to assist in these efforts.
ARTICLE II This compact shall become effective immediately as to the states ratifying it whenever the states of Alabama and Mississippi have ratified it and congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.
This compact shall become effective immediately as to the states ratifying it whenever the states of Alabama and Mississippi have ratified it and congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.
ARTICLE III The states which are parties to this compact (hereinafter referred to as "party states") do hereby establish and create a joint agency which shall be known as the Tennessee-Tombigbee Waterway Development Authority (hereinafter referred to as the "Authority"). The membership of the Authority shall consist of the governor of each party state and five (5) other citizens of each party state, to be appointed by the governor thereof. Each appointed member of the Authority shall be a citizen of that state who is interested in the promotion and development of waterways and water transportation. The appointive members of the Authority shall serve for terms of four (4) years each. Vacancies on the Authority shall be filled by appointment by the governor for the unexpired portion of the term. The members of the Authority shall not be compensated, but each shall be entitled to actual expenses incurred in attending meetings, or incurred otherwise in the performance of the member's duties as a member of the Authority. The members of the Authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chair and vice chair from among their members, and the chair shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the Authority (hereinafter provided for) shall notify each member in writing of all meetings of the Authority in such a manner and under such rules and regulations as the Authority may prescribe. The Authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business, and shall furnish a copy thereof to each member of the Authority. It shall be the duty of the Authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of the Tennessee-Tombigbee waterway. Toward this end, the Authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the development of the Tennessee-Tombigbee waterway, and to make reports thereon; to acquire, by gift or otherwise, and hold and dispose of such money and property as may be provided for the proper performance of their functions; to cooperate with other public or private groups, whether local, state, regional, or national, having an interest in waterways development; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officials and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the development of the Tennessee-Tombigbee waterway and to carry out the purposes of this compact.
The states which are parties to this compact (hereinafter referred to as "party states") do hereby establish and create a joint agency which shall be known as the Tennessee-Tombigbee Waterway Development Authority (hereinafter referred to as the "Authority"). The membership of the Authority shall consist of the governor of each party state and five (5) other citizens of each party state, to be appointed by the governor thereof. Each appointed member of the Authority shall be a citizen of that state who is interested in the promotion and development of waterways and water transportation. The appointive members of the Authority shall serve for terms of four (4) years each. Vacancies on the Authority shall be filled by appointment by the governor for the unexpired portion of the term. The members of the Authority shall not be compensated, but each shall be entitled to actual expenses incurred in attending meetings, or incurred otherwise in the performance of the member's duties as a member of the Authority. The members of the Authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chair and vice chair from among their members, and the chair shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the Authority (hereinafter provided for) shall notify each member in writing of all meetings of the Authority in such a manner and under such rules and regulations as the Authority may prescribe. The Authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business, and shall furnish a copy thereof to each member of the Authority. It shall be the duty of the Authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of the Tennessee-Tombigbee waterway. Toward this end, the Authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the development of the Tennessee-Tombigbee waterway, and to make reports thereon; to acquire, by gift or otherwise, and hold and dispose of such money and property as may be provided for the proper performance of their functions; to cooperate with other public or private groups, whether local, state, regional, or national, having an interest in waterways development; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officials and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the development of the Tennessee-Tombigbee waterway and to carry out the purposes of this compact.
ARTICLE IV The Authority shall appoint a secretary, who shall be a person familiar with the nature, procedures, and significances of inland waterways development and the informational, educational, and publicity methods of stimulating general interest in such developments, and who shall be the compact administrator. The secretary's term of office shall be at the pleasure of the Authority and the secretary shall receive such compensation as the Authority shall prescribe. The secretary shall maintain custody of the Authority's books, records, and papers, which the secretary shall keep in the office of the Authority, and the secretary shall perform all functions and duties, and exercise all powers and authorities that may be delegated to the secretary by the Authority.
The Authority shall appoint a secretary, who shall be a person familiar with the nature, procedures, and significances of inland waterways development and the informational, educational, and publicity methods of stimulating general interest in such developments, and who shall be the compact administrator. The secretary's term of office shall be at the pleasure of the Authority and the secretary shall receive such compensation as the Authority shall prescribe. The secretary shall maintain custody of the Authority's books, records, and papers, which the secretary shall keep in the office of the Authority, and the secretary shall perform all functions and duties, and exercise all powers and authorities that may be delegated to the secretary by the Authority.
ARTICLE V Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other waterway project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.
Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other waterway project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.
ARTICLE VI This compact shall continue in force and remain binding upon each party state until the general assembly or governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the general assembly or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.
This compact shall continue in force and remain binding upon each party state until the general assembly or governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the general assembly or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.
Acts 1959, ch. 55, §1; T.C.A., § 70-2101; T.C.A. § 69-9-101 .
Tenn. Code Ann. § 69-5-927 — TN Code / Title 69 / Chapter 5 / Section 69-5-927
Refunding bonds - Powers conferred on board of directors
Status: in_force

No proceedings shall be required for the issuance of refunding bonds of drainage or levee districts other than those provided by §§ 69-5-920 - 69-5-927, and all powers necessary to be exercised by the board of directors of any drainage or levee district or by the county legislative body in order to carry out those sections are hereby conferred. Acts 1935, ch. 51, § 9; C. Supp. 1950, § 4341.9; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1428; T.C.A. § 69-6-927.
No proceedings shall be required for the issuance of refunding bonds of drainage or levee districts other than those provided by §§ 69-5-920 - 69-5-927, and all powers necessary to be exercised by the board of directors of any drainage or levee district or by the county legislative body in order to carry out those sections are hereby conferred.
Acts 1935, ch. 51, § 9; C. Supp. 1950, § 4341.9; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1428; T.C.A. § 69-6-927.
Tenn. Code Ann. § 69-5-803 — TN Code / Title 69 / Chapter 5 / Section 69-5-803
Collected assessment a fund for costs and expenses
Status: in_force

When an assessment is collected, it shall constitute a fund for the payment of costs and expenses. Acts 1915, ch. 63, §2; Shan., § 3871a65; Code 1932, § 4293; T.C.A. (orig. ed.), § 70-1303; T.C.A. § 69-6-803.
When an assessment is collected, it shall constitute a fund for the payment of costs and expenses.
Acts 1915, ch. 63, §2; Shan., § 3871a65; Code 1932, § 4293; T.C.A. (orig. ed.), § 70-1303; T.C.A. § 69-6-803.
Tenn. Code Ann. § 69-6-102 — TN Code / Title 69 / Chapter 6 / Section 69-6-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the board of directors of a watershed district; (2) "District" means a watershed district for which organization is proposed or which has been granted under this chapter; (3) "Land" means "real property" as defined by the laws of this state and includes, but is not limited to, easements, water rights, or any other interest in real property; (4) "Landowner" means any person owning any interest in land located in a district, including tenants in common, tenants by the entireties, joint tenants, life tenants, owners of dower or curtesy rights, vested beneficiaries of the remainder interests, and the holders of leasehold interests of more than three (3) years' duration. Where more than one (1) person owns any such interest in a particular tract of land, each shall be deemed a "landowner" for the purpose of this chapter; (5) "Person" means any person, firm, partnership, association or corporation; (6) "Publication" means the publication in a newspaper or newspapers admitted to the United States mail as second-class matter, of general circulation within the watershed district; and (7) "Voter" means any landowner of the district who is more than eighteen (18) years of age and who is sui juris. Acts 1955, ch. 112, § 2; impl. am. Acts 1971, ch. 162, § 3; T.C.A., § 70-1802; T.C.A. § 69-7-102 .
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the board of directors of a watershed district;
(2) "District" means a watershed district for which organization is proposed or which has been granted under this chapter;
(3) "Land" means "real property" as defined by the laws of this state and includes, but is not limited to, easements, water rights, or any other interest in real property;
(4) "Landowner" means any person owning any interest in land located in a district, including tenants in common, tenants by the entireties, joint tenants, life tenants, owners of dower or curtesy rights, vested beneficiaries of the remainder interests, and the holders of leasehold interests of more than three (3) years' duration. Where more than one (1) person owns any such interest in a particular tract of land, each shall be deemed a "landowner" for the purpose of this chapter;
(5) "Person" means any person, firm, partnership, association or corporation;
(6) "Publication" means the publication in a newspaper or newspapers admitted to the United States mail as second-class matter, of general circulation within the watershed district; and
(7) "Voter" means any landowner of the district who is more than eighteen (18) years of age and who is sui juris.
Acts 1955, ch. 112, § 2; impl. am. Acts 1971, ch. 162, § 3; T.C.A., § 70-1802; T.C.A. § 69-7-102 .
Tenn. Code Ann. § 69-5-603 — TN Code / Title 69 / Chapter 5 / Section 69-5-603
Subsequent appointments
Status: in_force

At the end of each two-year term, the office of the appointed directors shall be again filled by appointment by the county legislative body from among those owning or interested in lands in such district. Acts 1909, ch. 185, § 18; Shan., § 3871a80; Code 1932, §4308; modified; T.C.A. (orig. ed.), § 70-1203; T.C.A. § 69-6-603.
At the end of each two-year term, the office of the appointed directors shall be again filled by appointment by the county legislative body from among those owning or interested in lands in such district.
Acts 1909, ch. 185, § 18; Shan., § 3871a80; Code 1932, §4308; modified; T.C.A. (orig. ed.), § 70-1203; T.C.A. § 69-6-603.
Tenn. Code Ann. § 69-3-117 — TN Code / Title 69 / Chapter 3 / Section 69-3-117
Proceedings against violators - Injunctions
Status: in_force

The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part, conditions of permits issued under this part, the rules and regulations of the board or orders of the board or commissioner. In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity. Specifically, the commissioner may seek injunctive relief against industrial users of publicly owned treatment works who fail to pay user or cost recovery charges or who violate pretreatment standards or toxic effluent limitations established as a condition to the permit of the treatment works. Acts 1971, ch. 164, § 16; 1972, ch. 444, § 1; 1977, ch. 366, § 1; 1979, ch. 422, §22; T.C.A., § 70-339; Acts 1984, ch. 804, § 9.
The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part, conditions of permits issued under this part, the rules and regulations of the board or orders of the board or commissioner. In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity. Specifically, the commissioner may seek injunctive relief against industrial users of publicly owned treatment works who fail to pay user or cost recovery charges or who violate pretreatment standards or toxic effluent limitations established as a condition to the permit of the treatment works.
Acts 1971, ch. 164, § 16; 1972, ch. 444, § 1; 1977, ch. 366, § 1; 1979, ch. 422, §22; T.C.A., § 70-339; Acts 1984, ch. 804, § 9.
Tenn. Code Ann. § 69-9-203 — TN Code / Title 69 / Chapter 9 / Section 69-9-203
Enforcement and administration of chapter - Disposition of funds - Rewards for information on violations
Status: in_force

(a) It is the sole duty and responsibility of the Tennessee wildlife resources agency to enforce and administer this chapter. (b) All expenses required for the administration and enforcement of this chapter shall be paid for with funds collected pursuant to this chapter. All moneys collected under this chapter shall be deposited in the state treasury and credited to the wildlife resources fund. The moneys shall be made available to the wildlife resources agency for the administration and enforcement of this chapter, as provided in this section, and for educational activities relating to boating safety and for no other purposes. (c) All moneys otherwise provided for pursuant to this chapter shall be made available to carry out the intent and purpose as set forth in this chapter in accordance with plans approved by the fish and wildlife commission. All such funds are hereby appropriated, reserved, set aside and made available until expended for the enforcement and administration of this chapter. The fish and wildlife commission is hereby authorized to adopt a plan or formula for the use of the moneys for employing and equipping such additional personnel as may be necessary for carrying out this chapter and for paying a proportionate share of the salaries, expense, and operational costs of existing personnel according to the time and effort expended by them in carrying out this chapter. Such plan or formula may be altered or amended from time to time by the commission as existing conditions may warrant. (d) No funds derived from the sale of hunting licenses or fishing licenses, or other wildlife resources funds shall be expended or diverted for carrying out this chapter. (e) The executive director is authorized to offer rewards or payments for information that may aid in the conviction of any offender violating a provision of this chapter or any other law relating to boating. Acts 1965, ch. 334, § 3; impl. am. Acts 1974, ch. 481, § 20; 1975, ch. 87, §1; 1975, ch. 184, §§ 1-4; T.C.A., § 70-2203; T.C.A. §69-10-203; Acts 2007 , ch. 185, §1; 2012 , ch. 993, § 9.
(a) It is the sole duty and responsibility of the Tennessee wildlife resources agency to enforce and administer this chapter.
(b) All expenses required for the administration and enforcement of this chapter shall be paid for with funds collected pursuant to this chapter. All moneys collected under this chapter shall be deposited in the state treasury and credited to the wildlife resources fund. The moneys shall be made available to the wildlife resources agency for the administration and enforcement of this chapter, as provided in this section, and for educational activities relating to boating safety and for no other purposes.
(c) All moneys otherwise provided for pursuant to this chapter shall be made available to carry out the intent and purpose as set forth in this chapter in accordance with plans approved by the fish and wildlife commission. All such funds are hereby appropriated, reserved, set aside and made available until expended for the enforcement and administration of this chapter. The fish and wildlife commission is hereby authorized to adopt a plan or formula for the use of the moneys for employing and equipping such additional personnel as may be necessary for carrying out this chapter and for paying a proportionate share of the salaries, expense, and operational costs of existing personnel according to the time and effort expended by them in carrying out this chapter. Such plan or formula may be altered or amended from time to time by the commission as existing conditions may warrant.
(d) No funds derived from the sale of hunting licenses or fishing licenses, or other wildlife resources funds shall be expended or diverted for carrying out this chapter.
(e) The executive director is authorized to offer rewards or payments for information that may aid in the conviction of any offender violating a provision of this chapter or any other law relating to boating.
Acts 1965, ch. 334, § 3; impl. am. Acts 1974, ch. 481, § 20; 1975, ch. 87, §1; 1975, ch. 184, §§ 1-4; T.C.A., § 70-2203; T.C.A. §69-10-203; Acts 2007 , ch. 185, §1; 2012 , ch. 993, § 9.
Tenn. Code Ann. § 69-11-127 — TN Code / Title 69 / Chapter 11 / Section 69-11-127
Inventory of dams - Notification associated with building permits
Status: in_force

(a) (1) The commissioner of environment and conservation shall provide to the county mayor of each county of the state an inventory of the existing dams located in such county. The county mayor shall provide such information to any agency of the county or of local governments within the county that requires the issuance of a building permit prior to either the initiation of construction of a structure or facility, or the alteration of an existing structure or facility. (2) The executive officer of the local government shall be responsible for providing such inventory to the agency of such local government responsible for the issuance of building permits, if such local government requires the issuance of a building permit prior to the initiation of construction of a structure or facility or the alteration of an existing structure or facility. (b) (1) When application is made to a local government described in subsection (a), or the appropriate agency of the local government, for a building permit to construct a structure or facility or to alter an existing structure or facility, the local government, or appropriate agency of the local government, shall notify the applicant if the proposed structure or facility or alteration of an existing structure or facility is located downstream of an existing dam. (2) Prior to issuing a building permit to construct any proposed structure or facility or to alter any existing structure or facility located downstream from an existing dam, the local government, or appropriate agency of the local government, shall inform the applicant that the proposed construction or alteration could potentially be affected by the failure of such dam and thus the hazard category of such dam may be reclassified. (3) The applicant shall inform the real property owner in accordance with subdivision (b)(2) as follows: (A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility for the purpose of sale, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property; (B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property. (4) The applicant shall inform the real property owner in accordance with subdivision (b)(2) as follows: (A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property; (B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property. (5) The department shall determine whether the proposed construction or alteration will result in the reclassification of the hazard category of such dam or in the classification of such dam, if the dam has not previously been classified. Using analysis methods acceptable to the commissioner, anyone building downstream of a dam such that the construction may raise the hazard potential category of the dam will have to submit to the commissioner a dam failure analysis by an engineer with the qualifications listed in § 69-11-106(b) showing the areas inundated by the failure. Acts 2001, ch. 317, §1; 2003 , ch. 90, § 2; T.C.A. § 69-12-127.
(a) (1) The commissioner of environment and conservation shall provide to the county mayor of each county of the state an inventory of the existing dams located in such county. The county mayor shall provide such information to any agency of the county or of local governments within the county that requires the issuance of a building permit prior to either the initiation of construction of a structure or facility, or the alteration of an existing structure or facility. (2) The executive officer of the local government shall be responsible for providing such inventory to the agency of such local government responsible for the issuance of building permits, if such local government requires the issuance of a building permit prior to the initiation of construction of a structure or facility or the alteration of an existing structure or facility.
(1) The commissioner of environment and conservation shall provide to the county mayor of each county of the state an inventory of the existing dams located in such county. The county mayor shall provide such information to any agency of the county or of local governments within the county that requires the issuance of a building permit prior to either the initiation of construction of a structure or facility, or the alteration of an existing structure or facility.
(2) The executive officer of the local government shall be responsible for providing such inventory to the agency of such local government responsible for the issuance of building permits, if such local government requires the issuance of a building permit prior to the initiation of construction of a structure or facility or the alteration of an existing structure or facility.
(b) (1) When application is made to a local government described in subsection (a), or the appropriate agency of the local government, for a building permit to construct a structure or facility or to alter an existing structure or facility, the local government, or appropriate agency of the local government, shall notify the applicant if the proposed structure or facility or alteration of an existing structure or facility is located downstream of an existing dam. (2) Prior to issuing a building permit to construct any proposed structure or facility or to alter any existing structure or facility located downstream from an existing dam, the local government, or appropriate agency of the local government, shall inform the applicant that the proposed construction or alteration could potentially be affected by the failure of such dam and thus the hazard category of such dam may be reclassified. (3) The applicant shall inform the real property owner in accordance with subdivision (b)(2) as follows: (A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility for the purpose of sale, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property; (B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property. (4) The applicant shall inform the real property owner in accordance with subdivision (b)(2) as follows: (A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property; (B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property. (5) The department shall determine whether the proposed construction or alteration will result in the reclassification of the hazard category of such dam or in the classification of such dam, if the dam has not previously been classified. Using analysis methods acceptable to the commissioner, anyone building downstream of a dam such that the construction may raise the hazard potential category of the dam will have to submit to the commissioner a dam failure analysis by an engineer with the qualifications listed in § 69-11-106(b) showing the areas inundated by the failure.
(1) When application is made to a local government described in subsection (a), or the appropriate agency of the local government, for a building permit to construct a structure or facility or to alter an existing structure or facility, the local government, or appropriate agency of the local government, shall notify the applicant if the proposed structure or facility or alteration of an existing structure or facility is located downstream of an existing dam.
(2) Prior to issuing a building permit to construct any proposed structure or facility or to alter any existing structure or facility located downstream from an existing dam, the local government, or appropriate agency of the local government, shall inform the applicant that the proposed construction or alteration could potentially be affected by the failure of such dam and thus the hazard category of such dam may be reclassified.
(3) The applicant shall inform the real property owner in accordance with subdivision (b)(2) as follows: (A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility for the purpose of sale, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property; (B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property.
(A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility for the purpose of sale, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property;
(B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property.
(4) The applicant shall inform the real property owner in accordance with subdivision (b)(2) as follows: (A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property; (B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property.
(A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property;
(B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property.
(5) The department shall determine whether the proposed construction or alteration will result in the reclassification of the hazard category of such dam or in the classification of such dam, if the dam has not previously been classified. Using analysis methods acceptable to the commissioner, anyone building downstream of a dam such that the construction may raise the hazard potential category of the dam will have to submit to the commissioner a dam failure analysis by an engineer with the qualifications listed in § 69-11-106(b) showing the areas inundated by the failure.
Acts 2001, ch. 317, §1; 2003 , ch. 90, § 2; T.C.A. § 69-12-127.
Tenn. Code Ann. § 69-9-502 — TN Code / Title 69 / Chapter 9 / Section 69-9-502
Flotation devices
Status: in_force

A person may not operate a personal watercraft on the waters of Tennessee unless each person aboard the vessel, or being towed by the vessel, is wearing a United States coast guard (USCG) approved Type I, II, III, or V personal flotation device in accordance with the USCG approval label. Acts 1996, ch. 808, §1; T.C.A. §69-10-502; Acts 2007 , ch. 185, § 18.
A person may not operate a personal watercraft on the waters of Tennessee unless each person aboard the vessel, or being towed by the vessel, is wearing a United States coast guard (USCG) approved Type I, II, III, or V personal flotation device in accordance with the USCG approval label.
Acts 1996, ch. 808, §1; T.C.A. §69-10-502; Acts 2007 , ch. 185, § 18.
Tenn. Code Ann. § 69-9-228 — TN Code / Title 69 / Chapter 9 / Section 69-9-228
Yielding right-of-way to emergency vessel making use of flashing lights
Status: in_force

(a) Upon the approach of an authorized emergency vessel making use of flashing lights, the operator of every other vessel shall yield the right-of-way and shall slow to a no wake speed or immediately move over at least one hundred feet (100') to a position of safety from the emergency vessels, clear of any other vessel, until the authorized emergency vessel has passed, except when otherwise directed by operators of emergency vessels. (b) Upon approaching a stationary authorized emergency vessel, when the vessel is giving a signal by use of flashing lights, a person operating an approaching vessel shall, while proceeding with due caution, yield the right-of-way by slowing to a no wake speed or moving over at least one hundred feet (100') to a position of safety from the emergency vessels, clear of any other motorized vessel, if possible, with due regard to safety and boat traffic conditions. (c) (1) A violation of this section is a Class C misdemeanor. (2) Notwithstanding § 8-21-401 , the court costs imposed or assessed against any person convicted of a violation of this section may not exceed the maximum fine amount that may be imposed for a violation of this section. (3) Nothing in this subsection (c) shall be construed as precluding a person who violates this section from being prosecuted and convicted under any other applicable offense. (d) This section shall not operate to relieve the operator of an authorized emergency vessel, from the duty to operate the vessel with due regard for the safety of all persons located in the vicinity of such vessels on the waters of Tennessee. Added by 2018 Tenn. Acts, ch. 969, s 1, eff. 7/1/2018.
(a) Upon the approach of an authorized emergency vessel making use of flashing lights, the operator of every other vessel shall yield the right-of-way and shall slow to a no wake speed or immediately move over at least one hundred feet (100') to a position of safety from the emergency vessels, clear of any other vessel, until the authorized emergency vessel has passed, except when otherwise directed by operators of emergency vessels.
(b) Upon approaching a stationary authorized emergency vessel, when the vessel is giving a signal by use of flashing lights, a person operating an approaching vessel shall, while proceeding with due caution, yield the right-of-way by slowing to a no wake speed or moving over at least one hundred feet (100') to a position of safety from the emergency vessels, clear of any other motorized vessel, if possible, with due regard to safety and boat traffic conditions.
(c) (1) A violation of this section is a Class C misdemeanor. (2) Notwithstanding § 8-21-401 , the court costs imposed or assessed against any person convicted of a violation of this section may not exceed the maximum fine amount that may be imposed for a violation of this section. (3) Nothing in this subsection (c) shall be construed as precluding a person who violates this section from being prosecuted and convicted under any other applicable offense.
(1) A violation of this section is a Class C misdemeanor.
(2) Notwithstanding § 8-21-401 , the court costs imposed or assessed against any person convicted of a violation of this section may not exceed the maximum fine amount that may be imposed for a violation of this section.
(3) Nothing in this subsection (c) shall be construed as precluding a person who violates this section from being prosecuted and convicted under any other applicable offense.
(d) This section shall not operate to relieve the operator of an authorized emergency vessel, from the duty to operate the vessel with due regard for the safety of all persons located in the vicinity of such vessels on the waters of Tennessee.
Added by 2018 Tenn. Acts, ch. 969, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 69-2-107 — TN Code / Title 69 / Chapter 2 / Section 69-2-107
Purpose of chapter - Rights of United States
Status: in_force

The purpose of this chapter is declared to be to promote and facilitate traffic and commerce upon the waters of the state in the interest of its people, and to cooperate with and aid the United States in improving navigation upon such waters. In carrying out this chapter, due regard shall be had for the paramount rights of the United States government in the control of navigable waters. Acts 1935, ch. 36, § 7; C. Supp. 1950, § 3252.7 (Williams, §3260.7); T.C.A. (orig. ed.), § 70-207.
The purpose of this chapter is declared to be to promote and facilitate traffic and commerce upon the waters of the state in the interest of its people, and to cooperate with and aid the United States in improving navigation upon such waters. In carrying out this chapter, due regard shall be had for the paramount rights of the United States government in the control of navigable waters.
Acts 1935, ch. 36, § 7; C. Supp. 1950, § 3252.7 (Williams, §3260.7); T.C.A. (orig. ed.), § 70-207.
Tenn. Code Ann. § 69-9-101 — TN Code / Title 69 / Chapter 9 / Section 69-9-101
Accessory to violations punishable as principal
Status: in_force

Whoever aids, abets, counsels, commands, induces, or procures the commission of a violation of this chapter or title 70 and proclamations and rules and regulations promulgated by the fish and wildlife commission, is punishable as a principal. Acts 1982, ch. 808, § 1; T.C.A., § 70-2247; T.C.A. § 69-10-101 ; Acts 2012, ch. 993, § 8.
Whoever aids, abets, counsels, commands, induces, or procures the commission of a violation of this chapter or title 70 and proclamations and rules and regulations promulgated by the fish and wildlife commission, is punishable as a principal.
Acts 1982, ch. 808, § 1; T.C.A., § 70-2247; T.C.A. § 69-10-101 ; Acts 2012, ch. 993, § 8.
Tenn. Code Ann. § 69-5-401 — TN Code / Title 69 / Chapter 5 / Section 69-5-401
Mistake in the number of acres - Correction
Status: in_force

Whenever a district has been established or is being established and a mistake has been made as to the number of acres assessed to the owner of any tract of land embraced in the district, the decree in the cause fixing or adjudging the number of acres shall not be final until the assessment roll provided by statute to be made by the directors has been reported to the court by the directors and decree has been entered confirming the acres; and when any such mistake shall have been made, the aggrieved person may file a petition in the county court in which the cause is pending, seeking to have the mistake corrected. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b1; Code 1932, § 4269; T.C.A. (orig. ed.), § 70-1001; T.C.A. § 69-6-401.
Whenever a district has been established or is being established and a mistake has been made as to the number of acres assessed to the owner of any tract of land embraced in the district, the decree in the cause fixing or adjudging the number of acres shall not be final until the assessment roll provided by statute to be made by the directors has been reported to the court by the directors and decree has been entered confirming the acres; and when any such mistake shall have been made, the aggrieved person may file a petition in the county court in which the cause is pending, seeking to have the mistake corrected.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b1; Code 1932, § 4269; T.C.A. (orig. ed.), § 70-1001; T.C.A. § 69-6-401.
Tenn. Code Ann. § 69-3-135 — TN Code / Title 69 / Chapter 3 / Section 69-3-135
Request for hearing
Status: in_force

A written request for a hearing before the board of water quality, oil and gas on the stop work order must be filed by the operator with the commissioner of environment and conservation within thirty (30) days of receipt of notice. If a hearing is requested, the operator shall also be afforded the opportunity to meet with the commissioner of environment and conservation or, at the commissioner's option, the deputy or assistant commissioner, within three (3) working days after the hearing request is filed to discuss the alleged violation and show cause why a stop work order should not have been issued. Any modification or revocation of the stop work order shall be in writing. If the commissioner or such designee upholds the stop work order, it shall remain in effect until resolution of the appeal or the operator comes into compliance. If no request for hearing is made within thirty (30) days of the receipt of notice, the stop work order becomes final and not subject to review. Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021. Acts 2000, ch. 680, § 4.
A written request for a hearing before the board of water quality, oil and gas on the stop work order must be filed by the operator with the commissioner of environment and conservation within thirty (30) days of receipt of notice. If a hearing is requested, the operator shall also be afforded the opportunity to meet with the commissioner of environment and conservation or, at the commissioner's option, the deputy or assistant commissioner, within three (3) working days after the hearing request is filed to discuss the alleged violation and show cause why a stop work order should not have been issued. Any modification or revocation of the stop work order shall be in writing. If the commissioner or such designee upholds the stop work order, it shall remain in effect until resolution of the appeal or the operator comes into compliance. If no request for hearing is made within thirty (30) days of the receipt of notice, the stop work order becomes final and not subject to review.
Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021.
Acts 2000, ch. 680, § 4.
Tenn. Code Ann. § 69-6-143 — TN Code / Title 69 / Chapter 6 / Section 69-6-143
Letting of contracts
Status: in_force

(a) A written contract shall be entered into between the board of directors of the district and the successful bidder, after due advertisement for bids as is required in case of contracts for public improvements, in connection with each work plan or project of the district, the cost of which other than rights-of-way and maintenance is to be borne by the district or landowners in the district. (b) If the project and method of financing have been approved by the court, the contract shall be submitted to and approved by the court prior to the commencement of the plan, improvement, or project. Acts 1955, ch. 112, § 28; T.C.A., § 70-1843; T.C.A. § 69-7-143.
(a) A written contract shall be entered into between the board of directors of the district and the successful bidder, after due advertisement for bids as is required in case of contracts for public improvements, in connection with each work plan or project of the district, the cost of which other than rights-of-way and maintenance is to be borne by the district or landowners in the district.
(b) If the project and method of financing have been approved by the court, the contract shall be submitted to and approved by the court prior to the commencement of the plan, improvement, or project.
Acts 1955, ch. 112, § 28; T.C.A., § 70-1843; T.C.A. § 69-7-143.
Tenn. Code Ann. § 69-5-601 — TN Code / Title 69 / Chapter 5 / Section 69-5-601
Appointment - Qualifications - Term - Duties and powers
Status: in_force

(a) Except as provided in subsection (b), after a district has been located and established as provided, the county legislative body shall appoint two (2) directors, or in its discretion, four (4) directors of the district, who shall be owners of lands, or interested in lands, in the district, and at least one (1) of those first appointed to be one of the petitioners for the establishment of the district or a petitioner's successor in estate or interest, the directors to hold their offices for two (2) years from the date of appointment. These two (2) or four (4) thus appointed and their successors, together with the county mayor, shall constitute the directors, or board of directors, of such district, and as directors shall have the general control and management of the business affairs of the district and supervision of the district, and be vested with power to make contracts, for all improvement to be done in the district. (b) In any county having a population of not less than thirty-four thousand eight hundred fifty (34,850) nor more than thirty-five thousand (35,000), according to the 1990 federal census or any subsequent federal census, the county legislative body may, in its discretion, appoint six (6) directors of the drainage district. If the county legislative body elects, in its discretion, to appoint six (6) such directors, the directors shall otherwise comply with all the requirements governing directors of drainage districts set out in subsection (a). Acts 1909, ch. 185, § 18; Shan., § 3871a78; Code 1932, § 4306; Acts 1972, ch. 846, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 70-1201; Acts 1993, ch. 26, §1; 2003 , ch. 90, § 2; T.C.A. § 69-6-601.
(a) Except as provided in subsection (b), after a district has been located and established as provided, the county legislative body shall appoint two (2) directors, or in its discretion, four (4) directors of the district, who shall be owners of lands, or interested in lands, in the district, and at least one (1) of those first appointed to be one of the petitioners for the establishment of the district or a petitioner's successor in estate or interest, the directors to hold their offices for two (2) years from the date of appointment. These two (2) or four (4) thus appointed and their successors, together with the county mayor, shall constitute the directors, or board of directors, of such district, and as directors shall have the general control and management of the business affairs of the district and supervision of the district, and be vested with power to make contracts, for all improvement to be done in the district.
(b) In any county having a population of not less than thirty-four thousand eight hundred fifty (34,850) nor more than thirty-five thousand (35,000), according to the 1990 federal census or any subsequent federal census, the county legislative body may, in its discretion, appoint six (6) directors of the drainage district. If the county legislative body elects, in its discretion, to appoint six (6) such directors, the directors shall otherwise comply with all the requirements governing directors of drainage districts set out in subsection (a).
Acts 1909, ch. 185, § 18; Shan., § 3871a78; Code 1932, § 4306; Acts 1972, ch. 846, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 70-1201; Acts 1993, ch. 26, §1; 2003 , ch. 90, § 2; T.C.A. § 69-6-601.
Tenn. Code Ann. § 69-5-113 — TN Code / Title 69 / Chapter 5 / Section 69-5-113
Assessments - Bonds of county trustee and county clerk
Status: in_force

The county trustee or trustees, before receiving the assessment roll, or book, and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall, respectively, enter into a bond in double the amount that will come into their hands, respectively, payable to the state of Tennessee, and conditioned for the faithful paying over and accounting for the funds arising from the assessment. Acts 1915, ch. 63, §1; Shan., § 3871a16; Code 1932, §4225; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-713; T.C.A. § 69-6-113 .
The county trustee or trustees, before receiving the assessment roll, or book, and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall, respectively, enter into a bond in double the amount that will come into their hands, respectively, payable to the state of Tennessee, and conditioned for the faithful paying over and accounting for the funds arising from the assessment.
Acts 1915, ch. 63, §1; Shan., § 3871a16; Code 1932, §4225; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-713; T.C.A. § 69-6-113 .
Tenn. Code Ann. § 69-5-1101 — TN Code / Title 69 / Chapter 5 / Section 69-5-1101
Legislative intent
Status: in_force

It is the intention of this part to provide an additional method of proceedings in the establishment of improvement or drainage districts, lying in more than one (1) county, and to leave the parties concerned, and petitioners for the improvement or drainage districts, to their option whether they will proceed under one (1) or the other alternative methods in creating such districts where the lands to be included lie in more than one (1) county. Acts 1915, ch. 61, §7; Shan., § 3871a169; mod. Code 1932, § 4405; T.C.A. (orig. ed.), § 70-1506; T.C.A. § 69-6-1101.
It is the intention of this part to provide an additional method of proceedings in the establishment of improvement or drainage districts, lying in more than one (1) county, and to leave the parties concerned, and petitioners for the improvement or drainage districts, to their option whether they will proceed under one (1) or the other alternative methods in creating such districts where the lands to be included lie in more than one (1) county.
Acts 1915, ch. 61, §7; Shan., § 3871a169; mod. Code 1932, § 4405; T.C.A. (orig. ed.), § 70-1506; T.C.A. § 69-6-1101.
Tenn. Code Ann. § 69-7-103 — TN Code / Title 69 / Chapter 7 / Section 69-7-103
Specific powers and duties of director
Status: in_force

The powers and duties of the director of water resources division under the direction of the commissioner of environment and conservation include, among other things, the powers and duties to: (1) Establish, maintain, and publish, as directed by the commissioner, an accurate inventory of the state's water resources; (2) Determine, maintain and establish estimates of existing and future water use in the state; (3) Define and propose, if necessary, water control districts within the state in the light of the director's findings, and make engineering plans and surveys for improving the quantity of the water supply in such proposed water control districts; (4) Implement the basic water resource policy of the state by creating and defining the rights of respective competing users of the water resources of the state; (5) Perform all duties assigned to the director relating to the determination of the waters that should be reserved for general public purposes, including navigation, sanitation, recreation, maintenance of fish and aquatic life, the maintenance of unusual scenic features and other public purposes; (6) Determine the feasibility of proposed dams and water diversion structures to conserve the basic water resources of the state and review and recommend plans for any such proposed dams and diversion structures in any proposed water control districts; and (7) Perform any other duties required by the terms of this part, or as may reasonably be required by the commissioner and the commission in relation to this part. Acts 1957, ch. 19, § 5; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; 1972, ch. 860, § 2; T.C.A., § 70-2003; T.C.A. § 69-8-103 .
The powers and duties of the director of water resources division under the direction of the commissioner of environment and conservation include, among other things, the powers and duties to:
(1) Establish, maintain, and publish, as directed by the commissioner, an accurate inventory of the state's water resources;
(2) Determine, maintain and establish estimates of existing and future water use in the state;
(3) Define and propose, if necessary, water control districts within the state in the light of the director's findings, and make engineering plans and surveys for improving the quantity of the water supply in such proposed water control districts;
(4) Implement the basic water resource policy of the state by creating and defining the rights of respective competing users of the water resources of the state;
(5) Perform all duties assigned to the director relating to the determination of the waters that should be reserved for general public purposes, including navigation, sanitation, recreation, maintenance of fish and aquatic life, the maintenance of unusual scenic features and other public purposes;
(6) Determine the feasibility of proposed dams and water diversion structures to conserve the basic water resources of the state and review and recommend plans for any such proposed dams and diversion structures in any proposed water control districts; and
(7) Perform any other duties required by the terms of this part, or as may reasonably be required by the commissioner and the commission in relation to this part.
Acts 1957, ch. 19, § 5; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; 1972, ch. 860, § 2; T.C.A., § 70-2003; T.C.A. § 69-8-103 .
Tenn. Code Ann. § 69-7-208 — TN Code / Title 69 / Chapter 7 / Section 69-7-208
Assessment of civil penalties
Status: in_force

(a) The commissioner may assess civil penalties for any violation of this part of up to ten thousand dollars ($10,000) per day per violation. In making such assessments, the commissioner shall consider all appropriate factors including, without limitation, whether the violation was knowing or intentional, any actual harm to people or the environment resulting from the violation or activity, the potential for harm to people or the environment posed by the violation or activity. (b) Any civil penalty shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person or entity responsible for the violation; and (2) Any person or entity against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing on the matter involved before the board. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final. (c) All fees and penalties assessed and collected under this part shall be administered in the same manner as provided in the Environmental Protection Fund, compiled at title 68, chapter 203. Acts 2000, ch. 854, §9; T.C.A. § 69-8-208.
(a) The commissioner may assess civil penalties for any violation of this part of up to ten thousand dollars ($10,000) per day per violation. In making such assessments, the commissioner shall consider all appropriate factors including, without limitation, whether the violation was knowing or intentional, any actual harm to people or the environment resulting from the violation or activity, the potential for harm to people or the environment posed by the violation or activity.
(b) Any civil penalty shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person or entity responsible for the violation; and (2) Any person or entity against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing on the matter involved before the board. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final.
(1) The commissioner may issue an assessment against any person or entity responsible for the violation; and
(2) Any person or entity against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing on the matter involved before the board. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final.
(c) All fees and penalties assessed and collected under this part shall be administered in the same manner as provided in the Environmental Protection Fund, compiled at title 68, chapter 203.
Acts 2000, ch. 854, §9; T.C.A. § 69-8-208.
Tenn. Code Ann. § 69-9-302 — TN Code / Title 69 / Chapter 9 / Section 69-9-302
Noise level restrictions - Testing for noise levels
Status: in_force

(a) No person shall operate any vessel in or upon the waters of Tennessee in such a manner as to exceed 86 bdA measured at a distance of fifty feet (50') from the vessel. (b) Testing procedures employed to determine such noise levels shall be in accordance with the exterior sound level measurement procedure for pleasure motorboats recommended by the society of automotive engineers in its recommended practice designated SAEJ34. The agency may, by regulation, amend such testing procedures when deemed necessary to adjust to advances in technology. Acts 1977, ch. 132, § 1; T.C.A., § 70-2242; T.C.A. § 69-10-302.
(a) No person shall operate any vessel in or upon the waters of Tennessee in such a manner as to exceed 86 bdA measured at a distance of fifty feet (50') from the vessel.
(b) Testing procedures employed to determine such noise levels shall be in accordance with the exterior sound level measurement procedure for pleasure motorboats recommended by the society of automotive engineers in its recommended practice designated SAEJ34. The agency may, by regulation, amend such testing procedures when deemed necessary to adjust to advances in technology.
Acts 1977, ch. 132, § 1; T.C.A., § 70-2242; T.C.A. § 69-10-302.
Tenn. Code Ann. § 69-5-313 — TN Code / Title 69 / Chapter 5 / Section 69-5-313
Railroads and highways
Status: in_force

Whenever any railroad or public highway will be beneficially affected by the construction of any improvement or improvements in such district, it shall be the duty of the commissioners appointed to classify and assess benefits to determine and return in their report the amount of the benefit to such railroad or highway, and notice shall be served as to such railroad upon its nearest station agent, as provided in case of an individual property owner; and as to a highway, notice shall be served upon the county mayor, as in case of an individual property owner. When such special assessments have been approved and fixed by the county court as to such railroad, it shall be a debt due personally from the railroad company, and, unless the same is paid by the railroad company as special assessment, it may be collected in the name of the county in any court having jurisdiction; and as to a highway, such assessment shall be paid by the county out of the general county fund or highway tax fund, such assessments to be paid into the fund of such district. Acts 1909, ch. 185, § 21; Shan., § 3871a93; Code 1932, §4321; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-913; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-313.
Whenever any railroad or public highway will be beneficially affected by the construction of any improvement or improvements in such district, it shall be the duty of the commissioners appointed to classify and assess benefits to determine and return in their report the amount of the benefit to such railroad or highway, and notice shall be served as to such railroad upon its nearest station agent, as provided in case of an individual property owner; and as to a highway, notice shall be served upon the county mayor, as in case of an individual property owner. When such special assessments have been approved and fixed by the county court as to such railroad, it shall be a debt due personally from the railroad company, and, unless the same is paid by the railroad company as special assessment, it may be collected in the name of the county in any court having jurisdiction; and as to a highway, such assessment shall be paid by the county out of the general county fund or highway tax fund, such assessments to be paid into the fund of such district.
Acts 1909, ch. 185, § 21; Shan., § 3871a93; Code 1932, §4321; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-913; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-313.
Tenn. Code Ann. § 69-5-314 — TN Code / Title 69 / Chapter 5 / Section 69-5-314
Claims commission to compensate districts for benefits accruing to highways
Status: in_force

(a) Whenever any levee or drainage district is or has been organized under appropriate statutes of this state providing for the levee or drainage district, which levee or drainage district embraces within its boundaries any highway or highways that are a part of the state highway system, and if it is contended that such levee or drainage district, when completed, will contribute materially to the protection of such state highways from floods and other similar elements, such levee or drainage district may file its petition before the claims commission setting forth the fact that such state highways have been benefited thereby, the amount of the benefits claimed and praying for compensation for such benefits. (b) Upon the filing of the petition, the claims commission shall hold a hearing on the petition, at which evidence may be introduced with reference to the benefits or lack of benefits to the highway by the creation and completion of the district. (c) If the claims commission is of the opinion, after the hearing, that the creation and completion of the district will result or has resulted in material benefit and protection to the highway or highways, then and in that event the claims commission is expressly authorized and empowered to direct payment from the general highway funds toward the creation of the district, such amount as it may find to fairly represent the benefits accruing to the highways and occasioned by the creation and completion of the district; provided, that the actual payment of the sums found to fairly represent such benefits may, at its option, be postponed by the claims commission until there has been a substantial completion of such district; and provided further, that this section does not apply to levee or drainage districts organized more than five (5) years prior to February 13, 1941. Acts 1941, ch. 53, § 1; C. Supp. 1950, §§ 1034.11, 4232.1 (Williams, § 4406a); T.C.A. (orig. ed.), § 70-914; T.C.A. § 69-6-314.
(a) Whenever any levee or drainage district is or has been organized under appropriate statutes of this state providing for the levee or drainage district, which levee or drainage district embraces within its boundaries any highway or highways that are a part of the state highway system, and if it is contended that such levee or drainage district, when completed, will contribute materially to the protection of such state highways from floods and other similar elements, such levee or drainage district may file its petition before the claims commission setting forth the fact that such state highways have been benefited thereby, the amount of the benefits claimed and praying for compensation for such benefits.
(b) Upon the filing of the petition, the claims commission shall hold a hearing on the petition, at which evidence may be introduced with reference to the benefits or lack of benefits to the highway by the creation and completion of the district.
(c) If the claims commission is of the opinion, after the hearing, that the creation and completion of the district will result or has resulted in material benefit and protection to the highway or highways, then and in that event the claims commission is expressly authorized and empowered to direct payment from the general highway funds toward the creation of the district, such amount as it may find to fairly represent the benefits accruing to the highways and occasioned by the creation and completion of the district; provided, that the actual payment of the sums found to fairly represent such benefits may, at its option, be postponed by the claims commission until there has been a substantial completion of such district; and provided further, that this section does not apply to levee or drainage districts organized more than five (5) years prior to February 13, 1941.
Acts 1941, ch. 53, § 1; C. Supp. 1950, §§ 1034.11, 4232.1 (Williams, § 4406a); T.C.A. (orig. ed.), § 70-914; T.C.A. § 69-6-314.
Tenn. Code Ann. § 69-5-1302 — TN Code / Title 69 / Chapter 5 / Section 69-5-1302
Contents of agreement - Validity
Status: in_force

A mutual agreement may include the location, the character of work to be done, the adjustment of the damages, the classification of the lands to be benefited by the agreement, the amount of special assessments to be levied, when the special assessments shall be levied, or so many of these or other provisions as may be agreed upon, and to such extent shall be as valid and binding as though performed in the mode and manner provided for in parts 1-12 of this chapter. Acts 1909, ch. 185, § 38; Shan., § 3871a147; Code 1932, § 4382; T.C.A. (orig. ed.), § 70-1702; T.C.A. § 69-6-1302.
A mutual agreement may include the location, the character of work to be done, the adjustment of the damages, the classification of the lands to be benefited by the agreement, the amount of special assessments to be levied, when the special assessments shall be levied, or so many of these or other provisions as may be agreed upon, and to such extent shall be as valid and binding as though performed in the mode and manner provided for in parts 1-12 of this chapter.
Acts 1909, ch. 185, § 38; Shan., § 3871a147; Code 1932, § 4382; T.C.A. (orig. ed.), § 70-1702; T.C.A. § 69-6-1302.
Tenn. Code Ann. § 69-10-110 — TN Code / Title 69 / Chapter 10 / Section 69-10-110
Violations - Enforcement - Penalties
Status: in_force

(a) (1) Whenever the commissioner has reason to believe that a violation of this chapter or regulations pursuant to this chapter 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. The complaint shall specify the provision or provisions of this chapter, regulation, or order alleged to be violated or about to be violated, the facts alleged to constitute a violation of this chapter, regulation, or order, 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. (2) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing no later than thirty (30) days after the date such order is delivered; provided, that the commissioner may review such final order, on the same grounds upon which a court of the state may review default judgments. (b) The commissioner, upon finding that the public health, safety or welfare imperatively requires immediate action, 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. A person to whom such an order is directed shall comply immediately pending the opportunity for a prompt hearing. (c) Except as otherwise expressly provided, any notice, complaint, order, or other instrument issued by or under authority of this chapter 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. (d) Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner issued pursuant to this chapter, or any rule, regulation, or standard adopted pursuant to this chapter shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation. Each day such violation continues is a separate violation. In addition, such person shall also be liable for any damages to the state resulting from the violation, without regard to whether any civil penalty is assessed. (e) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages; (2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; and (3) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment. (f) In assessing a civil penalty, the following factors may be considered: (1) The harm done or potential for harm to the public health or the environment; (2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (3) The economic benefit gained by the violator; (4) The amount of effort put forth by the violator to remedy this violation; and (5) Any unusual or extraordinary enforcement costs incurred by the commissioner. (g) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this chapter, or any other actual damages caused by the violation. (h) Any person violating, or failing, neglecting, or refusing to comply with any of the provisions of this chapter or rules or regulations commits a Class C misdemeanor. Each day upon which such violation occurs is a separate offense. (i) No warrant, presentment, or indictment arising under this chapter shall be issued except upon application by the commissioner or upon such application authorized in writing. (j) Any hearing or rehearing brought before the commissioner shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (k) When there is reason to believe that a person has violated, or is about to violate, any of the provisions of this chapter or any license or orders issued under this chapter, the commissioner may institute proceedings in the appropriate court for injunctive relief. Acts 1963, ch. 325, § 10; T.C.A., § 70-2310; Acts 1984, ch. 784, §7; Acts 1989, ch. 591, § 113; T.C.A. § 69-11-110 .
(a) (1) Whenever the commissioner has reason to believe that a violation of this chapter or regulations pursuant to this chapter 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. The complaint shall specify the provision or provisions of this chapter, regulation, or order alleged to be violated or about to be violated, the facts alleged to constitute a violation of this chapter, regulation, or order, 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. (2) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing no later than thirty (30) days after the date such order is delivered; provided, that the commissioner 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 chapter or regulations pursuant to this chapter 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. The complaint shall specify the provision or provisions of this chapter, regulation, or order alleged to be violated or about to be violated, the facts alleged to constitute a violation of this chapter, regulation, or order, 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.
(2) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing no later than thirty (30) days after the date such order is delivered; provided, that the commissioner may review such final order, on the same grounds upon which a court of the state may review default judgments.
(b) The commissioner, upon finding that the public health, safety or welfare imperatively requires immediate action, 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. A person to whom such an order is directed shall comply immediately pending the opportunity for a prompt hearing.
(c) Except as otherwise expressly provided, any notice, complaint, order, or other instrument issued by or under authority of this chapter 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.
(d) Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner issued pursuant to this chapter, or any rule, regulation, or standard adopted pursuant to this chapter shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation. Each day such violation continues is a separate violation. In addition, such person shall also be liable for any damages to the state resulting from the violation, without regard to whether any civil penalty is assessed.
(e) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages; (2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; and (3) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(1) The commissioner may issue an assessment against any person responsible for the violation or damages;
(2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; and
(3) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(f) In assessing a civil penalty, the following factors may be considered: (1) The harm done or potential for harm to the public health or the environment; (2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (3) The economic benefit gained by the violator; (4) The amount of effort put forth by the violator to remedy this violation; and (5) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(1) The harm done or potential for harm to the public health or the environment;
(2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(3) The economic benefit gained by the violator;
(4) The amount of effort put forth by the violator to remedy this violation; and
(5) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(g) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this chapter, or any other actual damages caused by the violation.
(h) Any person violating, or failing, neglecting, or refusing to comply with any of the provisions of this chapter or rules or regulations commits a Class C misdemeanor. Each day upon which such violation occurs is a separate offense.
(i) No warrant, presentment, or indictment arising under this chapter shall be issued except upon application by the commissioner or upon such application authorized in writing.
(j) Any hearing or rehearing brought before the commissioner shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(k) When there is reason to believe that a person has violated, or is about to violate, any of the provisions of this chapter or any license or orders issued under this chapter, the commissioner may institute proceedings in the appropriate court for injunctive relief.
Acts 1963, ch. 325, § 10; T.C.A., § 70-2310; Acts 1984, ch. 784, §7; Acts 1989, ch. 591, § 113; T.C.A. § 69-11-110 .
Tenn. Code Ann. § 69-5-134 — TN Code / Title 69 / Chapter 5 / Section 69-5-134
Expense fund paid from time to time
Status: in_force

Such fund for expenses may be paid in from time to time, under the orders of the court, as may be needed. Acts 1909, ch. 185, § 39; Shan., § 3871a152; Code 1932, § 4387; T.C.A. (orig. ed.), § 70-741; T.C.A. § 69-6-134 .
Such fund for expenses may be paid in from time to time, under the orders of the court, as may be needed.
Acts 1909, ch. 185, § 39; Shan., § 3871a152; Code 1932, § 4387; T.C.A. (orig. ed.), § 70-741; T.C.A. § 69-6-134 .
Tenn. Code Ann. § 69-3-133 — TN Code / Title 69 / Chapter 3 / Section 69-3-133
Stop work order
Status: in_force

When certain silvicultural activities have polluted waters of the state as a result of an operator's failure or refusal to use forestry best management practices, the commissioner of environment and conservation may issue a stop work order to the operator. If the owner is different than the operator, the commissioner shall at the same time notify the owner that a stop work order has been issued to the operator by delivering a copy of the stop work order to the owner. The stop work order requires that the operator must cease part or all of the silvicultural activities on site that are contributing to such pollution. The stop work order will remain in effect until the operator installs forestry best management practices that eliminate and prevent further pollution associated with the silvicultural activities. No stop work order may be issued or suspended without consultation with the commissioner of agriculture. Acts 2000, ch. 680, § 2.
When certain silvicultural activities have polluted waters of the state as a result of an operator's failure or refusal to use forestry best management practices, the commissioner of environment and conservation may issue a stop work order to the operator. If the owner is different than the operator, the commissioner shall at the same time notify the owner that a stop work order has been issued to the operator by delivering a copy of the stop work order to the owner. The stop work order requires that the operator must cease part or all of the silvicultural activities on site that are contributing to such pollution. The stop work order will remain in effect until the operator installs forestry best management practices that eliminate and prevent further pollution associated with the silvicultural activities. No stop work order may be issued or suspended without consultation with the commissioner of agriculture.
Acts 2000, ch. 680, § 2.
Tenn. Code Ann. § 69-9-201 — TN Code / Title 69 / Chapter 9 / Section 69-9-201
Short title
Status: in_force

This chapter shall be cited as the "Tennessee Boating Safety Act of 1965." Acts 1965, ch. 334, § 1; T.C.A., § 70-2201; T.C.A. § 69-10-201.
This chapter shall be cited as the "Tennessee Boating Safety Act of 1965."
Acts 1965, ch. 334, § 1; T.C.A., § 70-2201; T.C.A. § 69-10-201.
Tenn. Code Ann. § 69-7-309 — TN Code / Title 69 / Chapter 7 / Section 69-7-309
Technical advisory committee
Status: in_force

From time to time, the commissioner may appoint a technical advisory committee that shall advise the commissioner on matters related to the state's water resources. The commissioner may determine the identity and number of committee members and the term during which the committee will operate. The committee may be composed of representatives of federal, state, and local agencies with relevant authority and representatives of appropriate private organizations, including not-for-profit organizations. No member of the committee is entitled to a salary for duties performed as a member of the committee. No member is entitled to reimbursement for travel or other necessary expenses incurred in the performance of the member's official duties. Acts 2002, ch. 800, § 10; T.C.A. §69-8-309; Acts 2012 , ch. 986, § 40.
From time to time, the commissioner may appoint a technical advisory committee that shall advise the commissioner on matters related to the state's water resources. The commissioner may determine the identity and number of committee members and the term during which the committee will operate. The committee may be composed of representatives of federal, state, and local agencies with relevant authority and representatives of appropriate private organizations, including not-for-profit organizations. No member of the committee is entitled to a salary for duties performed as a member of the committee. No member is entitled to reimbursement for travel or other necessary expenses incurred in the performance of the member's official duties.
Acts 2002, ch. 800, § 10; T.C.A. §69-8-309; Acts 2012 , ch. 986, § 40.
Tenn. Code Ann. § 69-5-502 — TN Code / Title 69 / Chapter 5 / Section 69-5-502
Penalty and condition of appeal bond
Status: in_force

Any person opposing the creation of such district who appeals from the judgment of the county court establishing the district shall execute bond, with good security, in the penalty of four percent (4%) of the estimated cost of the improvement, as shown by the engineer's report, and conditioned to pay all such damages, actual, and also punitive, if any, and costs as may be suffered by the district and the petitioners for the damages, if such appeal is not successfully prosecuted, such damages to be recovered by suit upon the bond or writ of inquiry in the circuit court, which may be awarded in such cases. If the appeal is from a judgment of the county court refusing to establish the district, the appeal bond shall be for costs only. The appeal bonds, when made by persons asking damages or by persons opposing the establishment of such district, shall be made payable to the state of Tennessee, for the use of those entitled, upon which bond judgment may be rendered in favor of the party or parties litigant for costs, and suits maintained for damages, actual, and also punitive, if any, in the name of the state, for the use of the district or parties entitled. Acts 1913 (1st Ex. Sess.), ch. 25, § 4; Shan., § 3871a40; Code 1932, §4257; T.C.A. (orig. ed.), § 70-1102; T.C.A. § 69-6-502.
Any person opposing the creation of such district who appeals from the judgment of the county court establishing the district shall execute bond, with good security, in the penalty of four percent (4%) of the estimated cost of the improvement, as shown by the engineer's report, and conditioned to pay all such damages, actual, and also punitive, if any, and costs as may be suffered by the district and the petitioners for the damages, if such appeal is not successfully prosecuted, such damages to be recovered by suit upon the bond or writ of inquiry in the circuit court, which may be awarded in such cases. If the appeal is from a judgment of the county court refusing to establish the district, the appeal bond shall be for costs only. The appeal bonds, when made by persons asking damages or by persons opposing the establishment of such district, shall be made payable to the state of Tennessee, for the use of those entitled, upon which bond judgment may be rendered in favor of the party or parties litigant for costs, and suits maintained for damages, actual, and also punitive, if any, in the name of the state, for the use of the district or parties entitled.
Acts 1913 (1st Ex. Sess.), ch. 25, § 4; Shan., § 3871a40; Code 1932, §4257; T.C.A. (orig. ed.), § 70-1102; T.C.A. § 69-6-502.
Tenn. Code Ann. § 69-7-203 — TN Code / Title 69 / Chapter 7 / Section 69-7-203
Definition of basin and river basin
Status: in_force

For purposes of this part, "basin" or "river basin" refers to the entire topographic extent of the following ten (10) watersheds and combinations of watersheds: (1) The Mississippi River and all of its tributaries west of the Tennessee River Valley; (2) The Duck River, the Elk River, and the western Tennessee River Valley; (3) The lower Cumberland River to the downstream point of the mouth of the Caney Fork River, the Harpeth and the Stones rivers; (4) The tributaries of the Barren River; (5) The upper Cumberland River, the Caney Fork, the Obed, and the Big South Fork of the Cumberland River; (6) The lower Tennessee River in East Tennessee up to and including the Hiawassee River; (7) The Conasauga River; (8) The Upper Tennessee River in East Tennessee upstream of the Hiawassee, the Little Tennessee, the Clinch, and the Emory rivers; (9) The French Broad River and the Nolichuckey River; and (10) The Holston River and the Watauga River. Acts 2000, ch. 854, §4; T.C.A. § 69-8-203.
For purposes of this part, "basin" or "river basin" refers to the entire topographic extent of the following ten (10) watersheds and combinations of watersheds:
(1) The Mississippi River and all of its tributaries west of the Tennessee River Valley;
(2) The Duck River, the Elk River, and the western Tennessee River Valley;
(3) The lower Cumberland River to the downstream point of the mouth of the Caney Fork River, the Harpeth and the Stones rivers;
(4) The tributaries of the Barren River;
(5) The upper Cumberland River, the Caney Fork, the Obed, and the Big South Fork of the Cumberland River;
(6) The lower Tennessee River in East Tennessee up to and including the Hiawassee River;
(7) The Conasauga River;
(8) The Upper Tennessee River in East Tennessee upstream of the Hiawassee, the Little Tennessee, the Clinch, and the Emory rivers;
(9) The French Broad River and the Nolichuckey River; and
(10) The Holston River and the Watauga River.
Acts 2000, ch. 854, §4; T.C.A. § 69-8-203.
Tenn. Code Ann. § 69-3-141 — TN Code / Title 69 / Chapter 3 / Section 69-3-141
Bill of rights for permit applicants
Status: in_force

(a) The general assembly finds and adopts as a matter of public policy, the following statements: (1) The permitting process under this chapter should be a predictable, ordinary process for the benefit of the commissioner and permit applicants alike; (2) As with all governmental regulatory activity, the permitting process under this chapter should be susceptible to easy public review and scrutiny; (3) The permitting process under this chapter should afford applicants basic due process, including notice of application defects, timely review of applications, and prompt and meaningful administrative and judicial review of permitting decisions; (4) The permitting process under this chapter should reflect an appropriate balance between enforcement of the state's environmental laws and the rights of persons seeking to comply voluntarily with those same laws, in order to safeguard our state's environment and develop our state's economy; (5) To further these goals, to protect the rights of applicants, and to promote efficient, effective resolution of permit applications by the commissioner, the general assembly enacts this bill of rights for permit applicants under this chapter; and (6) Construction stormwater permitting required pursuant to § 69-3-108 should be based on the activities described in the permit application and conditions that exist at the time the permit application is under consideration, rather than possible future conditions unrelated to the activities for which the permit is sought as identified in the application; this subdivision (a)(6) does not apply to or impact permitting relating to any other activities described in § 69-3-108(b) , and only applies to construction stormwater permitting. (b) The commissioner shall afford each applicant for a permit under this chapter the following rights under this bill of rights for permit applicants: (1) Permit applicants shall have the right to assistance from the department in understanding regulatory and permit requirements; (2) Permit applicants shall have the right to know the projected fees for review of applications, and how any costs will be determined and billed; (3) Permit applicants shall have the right to access, on the department's website, complete and clearly written guidance documents, office of general counsel opinions, and department policies that explain the department's regulatory jurisdiction and requirements. The commissioner shall publish, on the department's website, a list of all information required in a permit application and the criteria used to determine whether the submitted information is adequate; (4) Permit applicants shall have the right to timely completeness determinations for their applications. Permit applicants shall have the right to know exactly how their applications are incomplete and what further information is needed to make their applications complete. Absent extraordinary circumstances, the commissioner shall notify the applicant within thirty (30) days of any permit application deficiencies, or determine that the application is complete; (5) Permit applicants shall have the right to a timely decision on their permit application. The following time limits shall apply: (A) Aquatic resource alteration permits (ARAPs) shall be issued or denied within ninety (90) days of the date the department determines an application is complete. If a public hearing is scheduled in response to a request from interested parties, an additional ninety (90) days shall be added to the allowable time limit. The ninety-day time limit may be extended by written mutual agreement between the commissioner and the permit applicant; (B) Applications for the reissuance of national pollutant discharge elimination system (NPDES) permits shall be issued or denied within one hundred eighty (180) days of the date the department determines an application is complete. If a public hearing is scheduled, in response to comments by interested parties, additional time is requested by the applicant, or additional time is requested by the EPA, an additional ninety (90) days shall be added to the allowable time limit; (C) Applications for new or modified NPDES permits shall be issued or denied within three hundred sixty-five (365) days of the date the department determines an application is complete. If a public hearing is scheduled, in response to comments by interested parties or additional time is requested by the EPA, an additional ninety (90) days shall be added to the allowable time limit. No other extension shall be granted, except by written mutual agreement between the commissioner and the permit applicant; (6) Permit applicants shall have the right to appeal to the board any permit review time limits that have been violated without good cause. Through this appeal, applicants may obtain a set date for a decision on their permit and, where the board finds good cause, appropriate relief, including, but not limited to, a refund of all application fees; (7) Permit applicants shall have the right to know who will be reviewing their application and the time required to complete the full review process; and (8) Construction stormwater permit applicants shall have the right to have their permit applications considered based on the activities described in the permit application and conditions that exist at the time the permit application is under consideration, rather than possible future conditions unrelated to the activities for which the permit is sought as identified in the application. (c) If the only factor that disqualifies an applicant for an aquatic resource alteration permit (ARAP) for wetland impacts from having the activities for which a permit is sought covered under a general permit is the size of the wetland that the permit will apply to, the department shall exempt from compensatory mitigation an amount of wetland equal in size to the area for which mitigation would not be required if the permit applicant qualified for coverage under a general permit. Amended by 2023 Tenn. Acts, ch. 170, s 1, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 169, s 2, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 169, s 1, eff. 1/1/2024. Acts 2008 , ch. 854, § 1.
(a) The general assembly finds and adopts as a matter of public policy, the following statements: (1) The permitting process under this chapter should be a predictable, ordinary process for the benefit of the commissioner and permit applicants alike; (2) As with all governmental regulatory activity, the permitting process under this chapter should be susceptible to easy public review and scrutiny; (3) The permitting process under this chapter should afford applicants basic due process, including notice of application defects, timely review of applications, and prompt and meaningful administrative and judicial review of permitting decisions; (4) The permitting process under this chapter should reflect an appropriate balance between enforcement of the state's environmental laws and the rights of persons seeking to comply voluntarily with those same laws, in order to safeguard our state's environment and develop our state's economy; (5) To further these goals, to protect the rights of applicants, and to promote efficient, effective resolution of permit applications by the commissioner, the general assembly enacts this bill of rights for permit applicants under this chapter; and (6) Construction stormwater permitting required pursuant to § 69-3-108 should be based on the activities described in the permit application and conditions that exist at the time the permit application is under consideration, rather than possible future conditions unrelated to the activities for which the permit is sought as identified in the application; this subdivision (a)(6) does not apply to or impact permitting relating to any other activities described in § 69-3-108(b) , and only applies to construction stormwater permitting.
(1) The permitting process under this chapter should be a predictable, ordinary process for the benefit of the commissioner and permit applicants alike;
(2) As with all governmental regulatory activity, the permitting process under this chapter should be susceptible to easy public review and scrutiny;
(3) The permitting process under this chapter should afford applicants basic due process, including notice of application defects, timely review of applications, and prompt and meaningful administrative and judicial review of permitting decisions;
(4) The permitting process under this chapter should reflect an appropriate balance between enforcement of the state's environmental laws and the rights of persons seeking to comply voluntarily with those same laws, in order to safeguard our state's environment and develop our state's economy;
(5) To further these goals, to protect the rights of applicants, and to promote efficient, effective resolution of permit applications by the commissioner, the general assembly enacts this bill of rights for permit applicants under this chapter; and
(6) Construction stormwater permitting required pursuant to § 69-3-108 should be based on the activities described in the permit application and conditions that exist at the time the permit application is under consideration, rather than possible future conditions unrelated to the activities for which the permit is sought as identified in the application; this subdivision (a)(6) does not apply to or impact permitting relating to any other activities described in § 69-3-108(b) , and only applies to construction stormwater permitting.
(b) The commissioner shall afford each applicant for a permit under this chapter the following rights under this bill of rights for permit applicants: (1) Permit applicants shall have the right to assistance from the department in understanding regulatory and permit requirements; (2) Permit applicants shall have the right to know the projected fees for review of applications, and how any costs will be determined and billed; (3) Permit applicants shall have the right to access, on the department's website, complete and clearly written guidance documents, office of general counsel opinions, and department policies that explain the department's regulatory jurisdiction and requirements. The commissioner shall publish, on the department's website, a list of all information required in a permit application and the criteria used to determine whether the submitted information is adequate; (4) Permit applicants shall have the right to timely completeness determinations for their applications. Permit applicants shall have the right to know exactly how their applications are incomplete and what further information is needed to make their applications complete. Absent extraordinary circumstances, the commissioner shall notify the applicant within thirty (30) days of any permit application deficiencies, or determine that the application is complete; (5) Permit applicants shall have the right to a timely decision on their permit application. The following time limits shall apply: (A) Aquatic resource alteration permits (ARAPs) shall be issued or denied within ninety (90) days of the date the department determines an application is complete. If a public hearing is scheduled in response to a request from interested parties, an additional ninety (90) days shall be added to the allowable time limit. The ninety-day time limit may be extended by written mutual agreement between the commissioner and the permit applicant; (B) Applications for the reissuance of national pollutant discharge elimination system (NPDES) permits shall be issued or denied within one hundred eighty (180) days of the date the department determines an application is complete. If a public hearing is scheduled, in response to comments by interested parties, additional time is requested by the applicant, or additional time is requested by the EPA, an additional ninety (90) days shall be added to the allowable time limit; (C) Applications for new or modified NPDES permits shall be issued or denied within three hundred sixty-five (365) days of the date the department determines an application is complete. If a public hearing is scheduled, in response to comments by interested parties or additional time is requested by the EPA, an additional ninety (90) days shall be added to the allowable time limit. No other extension shall be granted, except by written mutual agreement between the commissioner and the permit applicant; (6) Permit applicants shall have the right to appeal to the board any permit review time limits that have been violated without good cause. Through this appeal, applicants may obtain a set date for a decision on their permit and, where the board finds good cause, appropriate relief, including, but not limited to, a refund of all application fees; (7) Permit applicants shall have the right to know who will be reviewing their application and the time required to complete the full review process; and (8) Construction stormwater permit applicants shall have the right to have their permit applications considered based on the activities described in the permit application and conditions that exist at the time the permit application is under consideration, rather than possible future conditions unrelated to the activities for which the permit is sought as identified in the application.
(1) Permit applicants shall have the right to assistance from the department in understanding regulatory and permit requirements;
(2) Permit applicants shall have the right to know the projected fees for review of applications, and how any costs will be determined and billed;
(3) Permit applicants shall have the right to access, on the department's website, complete and clearly written guidance documents, office of general counsel opinions, and department policies that explain the department's regulatory jurisdiction and requirements. The commissioner shall publish, on the department's website, a list of all information required in a permit application and the criteria used to determine whether the submitted information is adequate;
(4) Permit applicants shall have the right to timely completeness determinations for their applications. Permit applicants shall have the right to know exactly how their applications are incomplete and what further information is needed to make their applications complete. Absent extraordinary circumstances, the commissioner shall notify the applicant within thirty (30) days of any permit application deficiencies, or determine that the application is complete;
(5) Permit applicants shall have the right to a timely decision on their permit application. The following time limits shall apply: (A) Aquatic resource alteration permits (ARAPs) shall be issued or denied within ninety (90) days of the date the department determines an application is complete. If a public hearing is scheduled in response to a request from interested parties, an additional ninety (90) days shall be added to the allowable time limit. The ninety-day time limit may be extended by written mutual agreement between the commissioner and the permit applicant; (B) Applications for the reissuance of national pollutant discharge elimination system (NPDES) permits shall be issued or denied within one hundred eighty (180) days of the date the department determines an application is complete. If a public hearing is scheduled, in response to comments by interested parties, additional time is requested by the applicant, or additional time is requested by the EPA, an additional ninety (90) days shall be added to the allowable time limit; (C) Applications for new or modified NPDES permits shall be issued or denied within three hundred sixty-five (365) days of the date the department determines an application is complete. If a public hearing is scheduled, in response to comments by interested parties or additional time is requested by the EPA, an additional ninety (90) days shall be added to the allowable time limit. No other extension shall be granted, except by written mutual agreement between the commissioner and the permit applicant;
(A) Aquatic resource alteration permits (ARAPs) shall be issued or denied within ninety (90) days of the date the department determines an application is complete. If a public hearing is scheduled in response to a request from interested parties, an additional ninety (90) days shall be added to the allowable time limit. The ninety-day time limit may be extended by written mutual agreement between the commissioner and the permit applicant;
(B) Applications for the reissuance of national pollutant discharge elimination system (NPDES) permits shall be issued or denied within one hundred eighty (180) days of the date the department determines an application is complete. If a public hearing is scheduled, in response to comments by interested parties, additional time is requested by the applicant, or additional time is requested by the EPA, an additional ninety (90) days shall be added to the allowable time limit;
(C) Applications for new or modified NPDES permits shall be issued or denied within three hundred sixty-five (365) days of the date the department determines an application is complete. If a public hearing is scheduled, in response to comments by interested parties or additional time is requested by the EPA, an additional ninety (90) days shall be added to the allowable time limit. No other extension shall be granted, except by written mutual agreement between the commissioner and the permit applicant;
(6) Permit applicants shall have the right to appeal to the board any permit review time limits that have been violated without good cause. Through this appeal, applicants may obtain a set date for a decision on their permit and, where the board finds good cause, appropriate relief, including, but not limited to, a refund of all application fees;
(7) Permit applicants shall have the right to know who will be reviewing their application and the time required to complete the full review process; and
(8) Construction stormwater permit applicants shall have the right to have their permit applications considered based on the activities described in the permit application and conditions that exist at the time the permit application is under consideration, rather than possible future conditions unrelated to the activities for which the permit is sought as identified in the application.
(c) If the only factor that disqualifies an applicant for an aquatic resource alteration permit (ARAP) for wetland impacts from having the activities for which a permit is sought covered under a general permit is the size of the wetland that the permit will apply to, the department shall exempt from compensatory mitigation an amount of wetland equal in size to the area for which mitigation would not be required if the permit applicant qualified for coverage under a general permit.
Amended by 2023 Tenn. Acts, ch. 170, s 1, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 169, s 2, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 169, s 1, eff. 1/1/2024.
Acts 2008 , ch. 854, § 1.
Tenn. Code Ann. § 69-5-407 — TN Code / Title 69 / Chapter 5 / Section 69-5-407
Mistake in owner's identity - Certified copy of decree recorded by clerk and transmitted to trustee
Status: in_force

A certified copy of the decree in a case of a mistake in the owner's identity shall be certified by the clerk of the court to the clerk of the county having possession of the "drainage record" book of the district, and the clerk shall copy the decree on the drainage record book as a part of the records of the drainage district, and file the decree among the papers in the cause in which the drainage district was established. The county clerk shall also certify a copy of the decree from the drainage record book to the trustee of the county charged with the collection of the assessments against the property affected by the decree, and the trustee shall note the changes on the trustee's "drainage assessment book", which has been made out and delivered to the trustee by the county clerk, and thereafter collect the assessments on the property according to the changes so made in the decree. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b7; Code 1932, §4275; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1007; T.C.A. § 69-6-407.
A certified copy of the decree in a case of a mistake in the owner's identity shall be certified by the clerk of the court to the clerk of the county having possession of the "drainage record" book of the district, and the clerk shall copy the decree on the drainage record book as a part of the records of the drainage district, and file the decree among the papers in the cause in which the drainage district was established. The county clerk shall also certify a copy of the decree from the drainage record book to the trustee of the county charged with the collection of the assessments against the property affected by the decree, and the trustee shall note the changes on the trustee's "drainage assessment book", which has been made out and delivered to the trustee by the county clerk, and thereafter collect the assessments on the property according to the changes so made in the decree.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b7; Code 1932, §4275; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1007; T.C.A. § 69-6-407.
Tenn. Code Ann. § 69-10-102 — TN Code / Title 69 / Chapter 10 / Section 69-10-102
Well driller's and installer's licenses required
Status: in_force

(a) It is unlawful for any well to be drilled or closed except by licensed individuals. In order to obtain a water well, a monitoring well or a geothermal well driller's license, an individual shall file with the commissioner, on or before July 31 of each year, an application form to be made available by the commissioner, with the following information: (1) The name under which the individual is doing business in this state; (2) The office address or principal place of business of the individual; and (3) Such other information as the commissioner may deem reasonable and necessary. (b) Each applicant for one of the three (3) types of well driller's license shall submit the required fee to the commissioner with the application. The amount of the application fee for each annual license shall not exceed the amount stated in § 68-203-103(h) and shall be set in a rule promulgated by the commissioner. The payment of the fee shall be in lieu of any additional state or county privilege tax. Upon finding that the applicant meets all requirements for the license, the commissioner shall issue the license for a period not to exceed one (1) year. (c) An individual may apply for more than one of the three (3) types of well driller's licenses and may apply for a pump installer or water treatment installer license, or both, by applying for all licenses desired and paying the required fees. (d) It is unlawful, except if it is done by a licensed individual: (1) To engage in the business of installing, removing or repairing geothermal wells or water well pumps or drop lines in geothermal wells or water wells; or (2) To engage in the business of repairing, servicing or installing filters and water treatment devices on geothermal wells or water wells. (e) In order to obtain a license to install pumps or to install filters and treatment devices in geothermal wells or water wells, an individual shall annually file with the commissioner, on or before July 31 of each year, an application form made available by the commissioner, with the following information: (1) The name under which the individual is doing business in this state; (2) The office address or principal place of business of the individual; and (3) Such other information as the commissioner may deem reasonable and necessary. (f) Each applicant for a pump installer or a water treatment installer license, or both, shall submit the required annual fee to the commissioner with the application. The amount of the application fee for each of these annual licenses shall not exceed the amount stated in § 68-203-103(h) and shall be set in a rule promulgated by the commissioner. Upon finding that the applicant meets all requirements for the license, the commissioner shall issue the license for a period not to exceed one (1) year. (g) Each licensee individually shall obtain continuing education credits, as determined by the commissioner and established by rules promulgated under this chapter, during each twelve-month period beginning on August 1, 2003. (h) Reciprocity to well drillers and installers licensed in other states will be granted by the department, provided the applicant meets the requirements as required under this chapter. Acts 1963, ch. 325, § 2; 1967, ch. 319, § 1; 1972, ch. 828, § 1; T.C.A., §70-2302; Acts 1984, ch. 784, § 2; 1986, ch. 611, § 2; 2002, ch. 800, §13; T.C.A. § 69-11-102 ; Acts 2007 , ch. 362, §§ 38, 39.
(a) It is unlawful for any well to be drilled or closed except by licensed individuals. In order to obtain a water well, a monitoring well or a geothermal well driller's license, an individual shall file with the commissioner, on or before July 31 of each year, an application form to be made available by the commissioner, with the following information: (1) The name under which the individual is doing business in this state; (2) The office address or principal place of business of the individual; and (3) Such other information as the commissioner may deem reasonable and necessary.
(1) The name under which the individual is doing business in this state;
(2) The office address or principal place of business of the individual; and
(3) Such other information as the commissioner may deem reasonable and necessary.
(b) Each applicant for one of the three (3) types of well driller's license shall submit the required fee to the commissioner with the application. The amount of the application fee for each annual license shall not exceed the amount stated in § 68-203-103(h) and shall be set in a rule promulgated by the commissioner. The payment of the fee shall be in lieu of any additional state or county privilege tax. Upon finding that the applicant meets all requirements for the license, the commissioner shall issue the license for a period not to exceed one (1) year.
(c) An individual may apply for more than one of the three (3) types of well driller's licenses and may apply for a pump installer or water treatment installer license, or both, by applying for all licenses desired and paying the required fees.
(d) It is unlawful, except if it is done by a licensed individual: (1) To engage in the business of installing, removing or repairing geothermal wells or water well pumps or drop lines in geothermal wells or water wells; or (2) To engage in the business of repairing, servicing or installing filters and water treatment devices on geothermal wells or water wells.
(1) To engage in the business of installing, removing or repairing geothermal wells or water well pumps or drop lines in geothermal wells or water wells; or
(2) To engage in the business of repairing, servicing or installing filters and water treatment devices on geothermal wells or water wells.
(e) In order to obtain a license to install pumps or to install filters and treatment devices in geothermal wells or water wells, an individual shall annually file with the commissioner, on or before July 31 of each year, an application form made available by the commissioner, with the following information: (1) The name under which the individual is doing business in this state; (2) The office address or principal place of business of the individual; and (3) Such other information as the commissioner may deem reasonable and necessary.
(1) The name under which the individual is doing business in this state;
(2) The office address or principal place of business of the individual; and
(3) Such other information as the commissioner may deem reasonable and necessary.
(f) Each applicant for a pump installer or a water treatment installer license, or both, shall submit the required annual fee to the commissioner with the application. The amount of the application fee for each of these annual licenses shall not exceed the amount stated in § 68-203-103(h) and shall be set in a rule promulgated by the commissioner. Upon finding that the applicant meets all requirements for the license, the commissioner shall issue the license for a period not to exceed one (1) year.
(g) Each licensee individually shall obtain continuing education credits, as determined by the commissioner and established by rules promulgated under this chapter, during each twelve-month period beginning on August 1, 2003.
(h) Reciprocity to well drillers and installers licensed in other states will be granted by the department, provided the applicant meets the requirements as required under this chapter.
Acts 1963, ch. 325, § 2; 1967, ch. 319, § 1; 1972, ch. 828, § 1; T.C.A., §70-2302; Acts 1984, ch. 784, § 2; 1986, ch. 611, § 2; 2002, ch. 800, §13; T.C.A. § 69-11-102 ; Acts 2007 , ch. 362, §§ 38, 39.
Tenn. Code Ann. § 69-3-125 — TN Code / Title 69 / Chapter 3 / Section 69-3-125
Pretreatment enforcement - Violations - Civil penalty
Status: in_force

(a) (1) Any person, including, but not limited to, industrial users, who does any of the following acts or omissions shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs: (A) Violates an effluent standard or limitation imposed by a pretreatment program; (B) Violates the terms or conditions of a permit issued pursuant to a pretreatment program; (C) Fails to complete a filing requirement of a pretreatment program; (D) Fails to allow or perform an entry, inspection, monitoring or reporting requirement of a pretreatment program; (E) Fails to pay user or cost recovery charges imposed by a pretreatment program; or (F) Violates a final determination or order of the local hearing authority or the local administrative officer. (2) Any civil penalty shall be assessed in the following manner: (A) The local administrative officer may issue an assessment against any person or industrial user responsible for the violation; (B) Any person or industrial user against whom an assessment has been issued may secure a review of such assessment by filing with the local administrative officer a written petition setting forth the grounds and reasons for the violator's objections and asking for a hearing in the matter involved before the local hearing authority and, if a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (C) Whenever any assessment has become final because of a person's failure to appeal the local administrative officer's assessment, the local administrative officer may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; (D) In assessing the civil penalty, the local administrative officer may consider the following factors: (i) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (ii) Damages to the pretreatment agency, including compensation for the damage or destruction of the facilities of the publicly owned treatment works, and also including any penalties, costs and attorneys' fees incurred by the pretreatment agency as the result of the illegal activity, as well as the expenses involved in enforcing this section and the costs involved in rectifying any damages; (iii) Cause of the discharge or violation; (iv) The severity of the discharge and its effect upon the facilities of the publicly owned treatment works and upon the quality and quantity of the receiving waters; (v) Effectiveness of action taken by the violator to cease the violation; (vi) The technical and economic reasonableness of reducing or eliminating the discharge; and (vii) The economic benefit gained by the violator; and (E) The local administrative officer may institute proceedings for assessment in the chancery court of the county in which all or part of the pollution or violation occurred, in the name of the pretreatment agency. (3) The local hearing authority may establish by regulation a schedule of the amount of civil penalty that can be assessed by the local administrative officer for certain specific violations or categories of violations. (b) Any civil penalty assessed to a violator pursuant to this section may be in addition to any civil penalty assessed by the commissioner for violations of § 69-3-115(a)(1)(F) . However, the sum of penalties imposed by this section and by § 69-3-115(a) shall not exceed ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs. The state's share of any additional costs of this section shall be funded in accordance with § 9-4-5303 , from the increase in state imposed taxes that are earmarked to counties and that are not designated by such counties for a particular purpose. Acts 1987, ch. 111, § 4.
(a) (1) Any person, including, but not limited to, industrial users, who does any of the following acts or omissions shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs: (A) Violates an effluent standard or limitation imposed by a pretreatment program; (B) Violates the terms or conditions of a permit issued pursuant to a pretreatment program; (C) Fails to complete a filing requirement of a pretreatment program; (D) Fails to allow or perform an entry, inspection, monitoring or reporting requirement of a pretreatment program; (E) Fails to pay user or cost recovery charges imposed by a pretreatment program; or (F) Violates a final determination or order of the local hearing authority or the local administrative officer. (2) Any civil penalty shall be assessed in the following manner: (A) The local administrative officer may issue an assessment against any person or industrial user responsible for the violation; (B) Any person or industrial user against whom an assessment has been issued may secure a review of such assessment by filing with the local administrative officer a written petition setting forth the grounds and reasons for the violator's objections and asking for a hearing in the matter involved before the local hearing authority and, if a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (C) Whenever any assessment has become final because of a person's failure to appeal the local administrative officer's assessment, the local administrative officer may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; (D) In assessing the civil penalty, the local administrative officer may consider the following factors: (i) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (ii) Damages to the pretreatment agency, including compensation for the damage or destruction of the facilities of the publicly owned treatment works, and also including any penalties, costs and attorneys' fees incurred by the pretreatment agency as the result of the illegal activity, as well as the expenses involved in enforcing this section and the costs involved in rectifying any damages; (iii) Cause of the discharge or violation; (iv) The severity of the discharge and its effect upon the facilities of the publicly owned treatment works and upon the quality and quantity of the receiving waters; (v) Effectiveness of action taken by the violator to cease the violation; (vi) The technical and economic reasonableness of reducing or eliminating the discharge; and (vii) The economic benefit gained by the violator; and (E) The local administrative officer may institute proceedings for assessment in the chancery court of the county in which all or part of the pollution or violation occurred, in the name of the pretreatment agency. (3) The local hearing authority may establish by regulation a schedule of the amount of civil penalty that can be assessed by the local administrative officer for certain specific violations or categories of violations.
(1) Any person, including, but not limited to, industrial users, who does any of the following acts or omissions shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs: (A) Violates an effluent standard or limitation imposed by a pretreatment program; (B) Violates the terms or conditions of a permit issued pursuant to a pretreatment program; (C) Fails to complete a filing requirement of a pretreatment program; (D) Fails to allow or perform an entry, inspection, monitoring or reporting requirement of a pretreatment program; (E) Fails to pay user or cost recovery charges imposed by a pretreatment program; or (F) Violates a final determination or order of the local hearing authority or the local administrative officer.
(A) Violates an effluent standard or limitation imposed by a pretreatment program;
(B) Violates the terms or conditions of a permit issued pursuant to a pretreatment program;
(C) Fails to complete a filing requirement of a pretreatment program;
(D) Fails to allow or perform an entry, inspection, monitoring or reporting requirement of a pretreatment program;
(E) Fails to pay user or cost recovery charges imposed by a pretreatment program; or
(F) Violates a final determination or order of the local hearing authority or the local administrative officer.
(2) Any civil penalty shall be assessed in the following manner: (A) The local administrative officer may issue an assessment against any person or industrial user responsible for the violation; (B) Any person or industrial user against whom an assessment has been issued may secure a review of such assessment by filing with the local administrative officer a written petition setting forth the grounds and reasons for the violator's objections and asking for a hearing in the matter involved before the local hearing authority and, if a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (C) Whenever any assessment has become final because of a person's failure to appeal the local administrative officer's assessment, the local administrative officer may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; (D) In assessing the civil penalty, the local administrative officer may consider the following factors: (i) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (ii) Damages to the pretreatment agency, including compensation for the damage or destruction of the facilities of the publicly owned treatment works, and also including any penalties, costs and attorneys' fees incurred by the pretreatment agency as the result of the illegal activity, as well as the expenses involved in enforcing this section and the costs involved in rectifying any damages; (iii) Cause of the discharge or violation; (iv) The severity of the discharge and its effect upon the facilities of the publicly owned treatment works and upon the quality and quantity of the receiving waters; (v) Effectiveness of action taken by the violator to cease the violation; (vi) The technical and economic reasonableness of reducing or eliminating the discharge; and (vii) The economic benefit gained by the violator; and (E) The local administrative officer may institute proceedings for assessment in the chancery court of the county in which all or part of the pollution or violation occurred, in the name of the pretreatment agency.
(A) The local administrative officer may issue an assessment against any person or industrial user responsible for the violation;
(B) Any person or industrial user against whom an assessment has been issued may secure a review of such assessment by filing with the local administrative officer a written petition setting forth the grounds and reasons for the violator's objections and asking for a hearing in the matter involved before the local hearing authority and, if a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;
(C) Whenever any assessment has become final because of a person's failure to appeal the local administrative officer's assessment, the local administrative officer may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment;
(D) In assessing the civil penalty, the local administrative officer may consider the following factors: (i) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (ii) Damages to the pretreatment agency, including compensation for the damage or destruction of the facilities of the publicly owned treatment works, and also including any penalties, costs and attorneys' fees incurred by the pretreatment agency as the result of the illegal activity, as well as the expenses involved in enforcing this section and the costs involved in rectifying any damages; (iii) Cause of the discharge or violation; (iv) The severity of the discharge and its effect upon the facilities of the publicly owned treatment works and upon the quality and quantity of the receiving waters; (v) Effectiveness of action taken by the violator to cease the violation; (vi) The technical and economic reasonableness of reducing or eliminating the discharge; and (vii) The economic benefit gained by the violator; and
(i) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(ii) Damages to the pretreatment agency, including compensation for the damage or destruction of the facilities of the publicly owned treatment works, and also including any penalties, costs and attorneys' fees incurred by the pretreatment agency as the result of the illegal activity, as well as the expenses involved in enforcing this section and the costs involved in rectifying any damages;
(iii) Cause of the discharge or violation;
(iv) The severity of the discharge and its effect upon the facilities of the publicly owned treatment works and upon the quality and quantity of the receiving waters;
(v) Effectiveness of action taken by the violator to cease the violation;
(vi) The technical and economic reasonableness of reducing or eliminating the discharge; and
(vii) The economic benefit gained by the violator; and
(E) The local administrative officer may institute proceedings for assessment in the chancery court of the county in which all or part of the pollution or violation occurred, in the name of the pretreatment agency.
(3) The local hearing authority may establish by regulation a schedule of the amount of civil penalty that can be assessed by the local administrative officer for certain specific violations or categories of violations.
(b) Any civil penalty assessed to a violator pursuant to this section may be in addition to any civil penalty assessed by the commissioner for violations of § 69-3-115(a)(1)(F) . However, the sum of penalties imposed by this section and by § 69-3-115(a) shall not exceed ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs. The state's share of any additional costs of this section shall be funded in accordance with § 9-4-5303 , from the increase in state imposed taxes that are earmarked to counties and that are not designated by such counties for a particular purpose.
Acts 1987, ch. 111, § 4.
Tenn. Code Ann. § 69-5-115 — TN Code / Title 69 / Chapter 5 / Section 69-5-115
Engineer
Status: in_force

(a) After such petition has been so filed and bond taken and approved, the county court shall, at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer and have placed in the engineer's hands a copy of the petition. (b) The engineer shall proceed to examine the lands described in the petition, and any other lands that would be benefited by the improvement, or necessary in carrying out such improvement, and survey and locate such drain or drains, ditch or ditches, levee or levees, improvement or improvements, as may be practicable to carry out the purposes of the petition and that will be of public benefit or utility or conducive to the public health or welfare. (c) Engineers appointed by the county courts shall be paid for their services at such rates as the courts appointing them may fix, and, if not so fixed, at the rate of five dollars ($5.00) per day while engaged in the work, and, in addition, all actual traveling expenses, an itemized account of such expenses to be kept by them and reported and sworn to. (d) The engineer shall return and file the proceedings with the county clerk, which return shall set forth the starting point, the route, the terminus, or termini of the ditch or ditches, drain or drains, levee or levees, or other improvements, such as the straightening or shortening of watercourses, cleaning out the beds thereof, together with a plat and profile showing the ditches, drains, or other improvements, and the course and length of the same, approximately, through each tract of land as far as may be practicable, and the total length and the course and the elevation, as near as may be, of all lakes, ponds, and deep depressions in the district, and the fall obtainable across the district, and the boundary of the proposed district, and the description of each tract of land in the district, as shown by the tax books, and the names of the owners of the tract, as shown by the tax books, together with the probable cost of the improvement, and such other facts and recommendations as the engineer may deem material. (e) The court may at any time recall the appointment of any engineer, if deemed advisable to do so, and appoint another to act in the engineer's place. Acts 1909, ch. 185, §§ 3, 36; Shan., §§ 3871a18-3871a21, 3871a137; Code 1932, §§ 4227-4230, 4372; T.C.A. (orig. ed.), §§70-715 -- 70-719; T.C.A. § 69-6-115 .
(a) After such petition has been so filed and bond taken and approved, the county court shall, at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer and have placed in the engineer's hands a copy of the petition.
(b) The engineer shall proceed to examine the lands described in the petition, and any other lands that would be benefited by the improvement, or necessary in carrying out such improvement, and survey and locate such drain or drains, ditch or ditches, levee or levees, improvement or improvements, as may be practicable to carry out the purposes of the petition and that will be of public benefit or utility or conducive to the public health or welfare.
(c) Engineers appointed by the county courts shall be paid for their services at such rates as the courts appointing them may fix, and, if not so fixed, at the rate of five dollars ($5.00) per day while engaged in the work, and, in addition, all actual traveling expenses, an itemized account of such expenses to be kept by them and reported and sworn to.
(d) The engineer shall return and file the proceedings with the county clerk, which return shall set forth the starting point, the route, the terminus, or termini of the ditch or ditches, drain or drains, levee or levees, or other improvements, such as the straightening or shortening of watercourses, cleaning out the beds thereof, together with a plat and profile showing the ditches, drains, or other improvements, and the course and length of the same, approximately, through each tract of land as far as may be practicable, and the total length and the course and the elevation, as near as may be, of all lakes, ponds, and deep depressions in the district, and the fall obtainable across the district, and the boundary of the proposed district, and the description of each tract of land in the district, as shown by the tax books, and the names of the owners of the tract, as shown by the tax books, together with the probable cost of the improvement, and such other facts and recommendations as the engineer may deem material.
(e) The court may at any time recall the appointment of any engineer, if deemed advisable to do so, and appoint another to act in the engineer's place.
Acts 1909, ch. 185, §§ 3, 36; Shan., §§ 3871a18-3871a21, 3871a137; Code 1932, §§ 4227-4230, 4372; T.C.A. (orig. ed.), §§70-715 -- 70-719; T.C.A. § 69-6-115 .
Tenn. Code Ann. § 69-3-121 — TN Code / Title 69 / Chapter 3 / Section 69-3-121
Continuation of rules and regulations, permits, contracts and agreements
Status: in_force

(a) The rules and regulations previously promulgated under the Water Quality Control Act of 1971 shall remain in effect as the rules and regulations under this part. Any of these rules or regulations that may conflict with a statutory provision of this part are hereby rendered void, but shall not affect the validity of the remaining rules and regulations. (b) All permits and temporary permits issued under the Water Quality Control Act of 1971 shall remain in effect under this part until such time as they expire or are revoked or modified pursuant to this part. (c) Any contracts, agreements, plans or any other documents developed under the Water Quality Control Act of 1971 shall remain in effect under this part. Acts 1977, ch. 366, § 2; T.C.A., § 70-343.
(a) The rules and regulations previously promulgated under the Water Quality Control Act of 1971 shall remain in effect as the rules and regulations under this part. Any of these rules or regulations that may conflict with a statutory provision of this part are hereby rendered void, but shall not affect the validity of the remaining rules and regulations.
(b) All permits and temporary permits issued under the Water Quality Control Act of 1971 shall remain in effect under this part until such time as they expire or are revoked or modified pursuant to this part.
(c) Any contracts, agreements, plans or any other documents developed under the Water Quality Control Act of 1971 shall remain in effect under this part.
Acts 1977, ch. 366, § 2; T.C.A., § 70-343.
Tenn. Code Ann. § 69-5-705 — TN Code / Title 69 / Chapter 5 / Section 69-5-705
Bond or deposit of contractor - Return of bid deposit
Status: in_force

The successful bidder shall be required to execute a bond, with sufficient corporate surety or personal sureties, payable to the county, for the use and benefit of the district, in an amount equal to twenty-five percent (25%) of the estimated cost of the work so let, or may deposit such amount in cash with the treasurer of the board of directors as security for the performance of the contract, and upon the execution of such bond or the making of such deposit, the deposit originally made with the bid shall be returned to the bidder. Acts 1909, ch. 185, § 19; Shan., § 3871a86; Code 1932, § 4314; T.C.A. (orig. ed.), § 70-1211; T.C.A. § 69-6-705.
The successful bidder shall be required to execute a bond, with sufficient corporate surety or personal sureties, payable to the county, for the use and benefit of the district, in an amount equal to twenty-five percent (25%) of the estimated cost of the work so let, or may deposit such amount in cash with the treasurer of the board of directors as security for the performance of the contract, and upon the execution of such bond or the making of such deposit, the deposit originally made with the bid shall be returned to the bidder.
Acts 1909, ch. 185, § 19; Shan., § 3871a86; Code 1932, § 4314; T.C.A. (orig. ed.), § 70-1211; T.C.A. § 69-6-705.
Tenn. Code Ann. § 69-3-113 — TN Code / Title 69 / Chapter 3 / Section 69-3-113
Procurement of information
Status: in_force

(a) (1) Any person whom the board or the commissioner has reason to believe is causing, or may be about to cause, pollution, or any person having information concerning such person, shall furnish the board or the commissioner, upon request by the board or commission, all pertinent information required by the board or the commissioner in the discharge of the board's or commissioner's duties under this part. (2) Under this section, information includes data relating to processes or methods of manufacture or production required by the board, the commissioner, or officers of the United States in the administration of their duties, including secret formulae and proprietary manufacturing processes. (3) All information shall be used by the board only for purposes of water quality control. The board or the commissioner has the power to issue protection orders to prevent public dissemination of any secret formulae or proprietary manufacturing processes, except that such orders shall not extend to information concerning waste products discharged into the waters of the state. (4) In addition to providing information, persons may be required to keep such records as deemed necessary by the board or the commissioner to facilitate the discharge of their duties. (b) Any information obtained by the board or commissioner, except secret formulae or proprietary manufacturing processes, pursuant to this section, shall be available to the public for reasonable inspection and copying. Acts 1971, ch. 164, § 12; 1977, ch. 366, § 1; T.C.A., § 70-335.
(a) (1) Any person whom the board or the commissioner has reason to believe is causing, or may be about to cause, pollution, or any person having information concerning such person, shall furnish the board or the commissioner, upon request by the board or commission, all pertinent information required by the board or the commissioner in the discharge of the board's or commissioner's duties under this part. (2) Under this section, information includes data relating to processes or methods of manufacture or production required by the board, the commissioner, or officers of the United States in the administration of their duties, including secret formulae and proprietary manufacturing processes. (3) All information shall be used by the board only for purposes of water quality control. The board or the commissioner has the power to issue protection orders to prevent public dissemination of any secret formulae or proprietary manufacturing processes, except that such orders shall not extend to information concerning waste products discharged into the waters of the state. (4) In addition to providing information, persons may be required to keep such records as deemed necessary by the board or the commissioner to facilitate the discharge of their duties.
(1) Any person whom the board or the commissioner has reason to believe is causing, or may be about to cause, pollution, or any person having information concerning such person, shall furnish the board or the commissioner, upon request by the board or commission, all pertinent information required by the board or the commissioner in the discharge of the board's or commissioner's duties under this part.
(2) Under this section, information includes data relating to processes or methods of manufacture or production required by the board, the commissioner, or officers of the United States in the administration of their duties, including secret formulae and proprietary manufacturing processes.
(3) All information shall be used by the board only for purposes of water quality control. The board or the commissioner has the power to issue protection orders to prevent public dissemination of any secret formulae or proprietary manufacturing processes, except that such orders shall not extend to information concerning waste products discharged into the waters of the state.
(4) In addition to providing information, persons may be required to keep such records as deemed necessary by the board or the commissioner to facilitate the discharge of their duties.
(b) Any information obtained by the board or commissioner, except secret formulae or proprietary manufacturing processes, pursuant to this section, shall be available to the public for reasonable inspection and copying.
Acts 1971, ch. 164, § 12; 1977, ch. 366, § 1; T.C.A., § 70-335.
Tenn. Code Ann. § 69-3-120 — TN Code / Title 69 / Chapter 3 / Section 69-3-120
Construction of part
Status: in_force

(a) This part is intended to supplement other provisions of the Tennessee Code Annotated, and no part thereof shall be construed to repeal any such provisions specifically enacted for the protection of health or the protection of fish and game of the state, except that the administration of any laws pertaining to the pollution of waters as defined in § 69-3-103 shall be in accordance with the general policies and regulations adopted by the board. (b) All sections in this part shall be liberally construed for the accomplishment of its policy and purpose. (c) All grants of power to the board or commissioner shall be liberally construed. (d) Any list in this part preceded by "include" or "including" shall not be construed as exhaustive or otherwise limiting unless specifically stated. (e) All procedures in this part are intended to be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If any provision of this part conflicts with the Uniform Administrative Procedures Act, then the latter shall govern. (f) If any section, subsection, sentence, clause, phrase, or words of this part are for any reason held to be invalid, such decree shall not affect the validity of any remaining portion of this part. (g) Nothing whatsoever in this part shall be so construed as applying to any agricultural or forestry activity or the activities necessary to the conduct and operations thereof or to any lands devoted to the production of any agricultural or forestry products, unless there is a point source discharge from a discernible, confined, and discrete water conveyance. (h) The passage of the Water Quality Control Act of 1977 shall grant no new authority over non-point sources to the department, which was not previously established by the Water Quality Control Act of 1971. In all cases of conflict between this part and §§ 68-221-101 - 68-221-108, the Sanitary Engineering Law, this part shall take precedence. Acts 1971, ch. 164, § 19; 1977, ch. 366, §§ 1, 3; T.C.A., § 70-342; Acts 1992, ch. 693, § 1.
(a) This part is intended to supplement other provisions of the Tennessee Code Annotated, and no part thereof shall be construed to repeal any such provisions specifically enacted for the protection of health or the protection of fish and game of the state, except that the administration of any laws pertaining to the pollution of waters as defined in § 69-3-103 shall be in accordance with the general policies and regulations adopted by the board.
(b) All sections in this part shall be liberally construed for the accomplishment of its policy and purpose.
(c) All grants of power to the board or commissioner shall be liberally construed.
(d) Any list in this part preceded by "include" or "including" shall not be construed as exhaustive or otherwise limiting unless specifically stated.
(e) All procedures in this part are intended to be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If any provision of this part conflicts with the Uniform Administrative Procedures Act, then the latter shall govern.
(f) If any section, subsection, sentence, clause, phrase, or words of this part are for any reason held to be invalid, such decree shall not affect the validity of any remaining portion of this part.
(g) Nothing whatsoever in this part shall be so construed as applying to any agricultural or forestry activity or the activities necessary to the conduct and operations thereof or to any lands devoted to the production of any agricultural or forestry products, unless there is a point source discharge from a discernible, confined, and discrete water conveyance.
(h) The passage of the Water Quality Control Act of 1977 shall grant no new authority over non-point sources to the department, which was not previously established by the Water Quality Control Act of 1971. In all cases of conflict between this part and §§ 68-221-101 - 68-221-108, the Sanitary Engineering Law, this part shall take precedence.
Acts 1971, ch. 164, § 19; 1977, ch. 366, §§ 1, 3; T.C.A., § 70-342; Acts 1992, ch. 693, § 1.
Tenn. Code Ann. § 69-11-120 — TN Code / Title 69 / Chapter 11 / Section 69-11-120
Injunctions
Status: in_force

(a) When there is reason to believe that a person is violating, is about to violate, or has violated any of this chapter or any certificates or orders issued under this chapter, the commissioner may institute proceedings in the chancery court of Davidson County or the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting in or about to result from the violation, or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating, is about to violate, or has violated one (1) or more of the provisions of this chapter. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders. (b) The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law. (c) Any suit for an injunction brought by the commissioner shall be filed in the chancery court of Davidson County or the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general at the direction of the commissioner and under the supervision of the attorney general and reporter. Such proceedings shall not be tried by jury. (d) Appeals from judgments or decrees of the chancery court in proceedings brought under this chapter shall lie to the court of appeals despite the fact that controverted questions of fact may be involved. Acts 1973, ch. 1982, § 13; T.C.A., § 70-2525; Acts 1984, ch. 805, § 9; 1989, ch. 147, § 11; T.C.A. § 69-12-120.
(a) When there is reason to believe that a person is violating, is about to violate, or has violated any of this chapter or any certificates or orders issued under this chapter, the commissioner may institute proceedings in the chancery court of Davidson County or the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting in or about to result from the violation, or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating, is about to violate, or has violated one (1) or more of the provisions of this chapter. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders.
(b) The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law.
(c) Any suit for an injunction brought by the commissioner shall be filed in the chancery court of Davidson County or the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general at the direction of the commissioner and under the supervision of the attorney general and reporter. Such proceedings shall not be tried by jury.
(d) Appeals from judgments or decrees of the chancery court in proceedings brought under this chapter shall lie to the court of appeals despite the fact that controverted questions of fact may be involved.
Acts 1973, ch. 1982, § 13; T.C.A., § 70-2525; Acts 1984, ch. 805, § 9; 1989, ch. 147, § 11; T.C.A. § 69-12-120.
Tenn. Code Ann. § 69-2-105 — TN Code / Title 69 / Chapter 2 / Section 69-2-105
Funds
Status: in_force

In order to carry out this chapter, the commissioner is authorized and directed to use, subject to the approval of the governor, any of the available funds set apart for the department that the commissioner deems appropriate for the funds, and such grants as may be made to the state of Tennessee by the United States or any agency, or instrumentality thereof or corporation owned thereby, for carrying out the purposes of this chapter. Acts 1935, ch. 36, § 5; C. Supp. 1950, § 3252.5 (Williams, § 3260.5); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-205.
In order to carry out this chapter, the commissioner is authorized and directed to use, subject to the approval of the governor, any of the available funds set apart for the department that the commissioner deems appropriate for the funds, and such grants as may be made to the state of Tennessee by the United States or any agency, or instrumentality thereof or corporation owned thereby, for carrying out the purposes of this chapter.
Acts 1935, ch. 36, § 5; C. Supp. 1950, § 3252.5 (Williams, § 3260.5); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-205.
Tenn. Code Ann. § 69-3-116 — TN Code / Title 69 / Chapter 3 / Section 69-3-116
Damages to the state
Status: in_force

(a) The commissioner may assess the liability of any polluter or violator for damages to the state resulting from any person's pollution or violation, failure, or neglect in complying with any rules, regulations, or standards of water quality promulgated by the board or permits, including failure by an in-lieu fee sponsor to timely complete land acquisition and initial physical and biological improvements, or orders issued pursuant to this part. (b) If an appeal from such assessment is not made to the board by the polluter or violator within thirty (30) days of notification of such assessment, the polluter or violator shall be deemed to have consented to such assessment and it shall become final. (c) Damages may include any expenses incurred in investigating and enforcing this part, in removing, correcting, and terminating any pollution, and also compensation for any loss or destruction of wildlife, fish, or aquatic life and any other actual damages caused by the pollution or violation. (d) Whenever any assessment has become final because of a person's failure to appeal within the time provided, the commissioner may apply to the appropriate court for a judgment, and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment. Amended by 2021 Tenn. Acts, ch. 208, s 2, eff. 4/22/2021. Acts 1971, ch. 164, § 15; 1977, ch. 366, § 1; T.C.A., § 70-338.
(a) The commissioner may assess the liability of any polluter or violator for damages to the state resulting from any person's pollution or violation, failure, or neglect in complying with any rules, regulations, or standards of water quality promulgated by the board or permits, including failure by an in-lieu fee sponsor to timely complete land acquisition and initial physical and biological improvements, or orders issued pursuant to this part.
(b) If an appeal from such assessment is not made to the board by the polluter or violator within thirty (30) days of notification of such assessment, the polluter or violator shall be deemed to have consented to such assessment and it shall become final.
(c) Damages may include any expenses incurred in investigating and enforcing this part, in removing, correcting, and terminating any pollution, and also compensation for any loss or destruction of wildlife, fish, or aquatic life and any other actual damages caused by the pollution or violation.
(d) Whenever any assessment has become final because of a person's failure to appeal within the time provided, the commissioner may apply to the appropriate court for a judgment, and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
Amended by 2021 Tenn. Acts, ch. 208, s 2, eff. 4/22/2021.
Acts 1971, ch. 164, § 15; 1977, ch. 366, § 1; T.C.A., § 70-338.
Tenn. Code Ann. § 69-6-124 — TN Code / Title 69 / Chapter 6 / Section 69-6-124
Board meetings - Executive sessions prohibited
Status: in_force

(a) Regular meetings of the board of directors shall be held quarterly at the offices of the corporation on such day as is selected by the board. Notice of such meeting shall be mailed to each director at least five (5) days prior to the date of the meeting, and special meetings may be held at any time upon waiver of notice of a meeting by all directors, or may be called by the president or any two (2) directors at any time. (b) A majority of the directors constitutes a quorum for the transaction of business. (c) Each meeting of the board, whether regular or special, is open to the public, and the board shall at no time go into executive session. (d) Watershed districts are authorized to compensate each member of the board a reasonable amount for attending any meeting of such board. Such compensation shall not exceed the rate at which county commissioners of the county in which the watershed district is headquartered are compensated for attending county commission meetings. Compensation shall be paid out of funds available to the watershed district and not otherwise appropriated. Acts 1955, ch. 112, § 16; T.C.A., § 70-1824; Acts 1991, ch. 109, § 1; T.C.A. § 69-7-124.
(a) Regular meetings of the board of directors shall be held quarterly at the offices of the corporation on such day as is selected by the board. Notice of such meeting shall be mailed to each director at least five (5) days prior to the date of the meeting, and special meetings may be held at any time upon waiver of notice of a meeting by all directors, or may be called by the president or any two (2) directors at any time.
(b) A majority of the directors constitutes a quorum for the transaction of business.
(c) Each meeting of the board, whether regular or special, is open to the public, and the board shall at no time go into executive session.
(d) Watershed districts are authorized to compensate each member of the board a reasonable amount for attending any meeting of such board. Such compensation shall not exceed the rate at which county commissioners of the county in which the watershed district is headquartered are compensated for attending county commission meetings. Compensation shall be paid out of funds available to the watershed district and not otherwise appropriated.
Acts 1955, ch. 112, § 16; T.C.A., § 70-1824; Acts 1991, ch. 109, § 1; T.C.A. § 69-7-124.
Tenn. Code Ann. § 69-5-833 — TN Code / Title 69 / Chapter 5 / Section 69-5-833
Excessive assessments of acreage - Correction
Status: in_force

When it appears that any tract of land within any drainage district has been assessed with fifteen percent (15%) or more excess acreage, the owner of any such tract of land may by bill filed against the district and directors have the mistake corrected and the assessment changed, and the chancery court shall in the decree correcting the mistake determine whether it is necessary for the district to levy a special assessment to meet the deficiency caused by the correction of the mistake. If a special assessment is needed, the chancery court shall determine its amount, and the directors are authorized to, and shall, as soon as any such cause is determined, proceed to levy such special assessment, and it shall be spread upon the tax books and collected as other assessments. Acts 1909, ch. 185, § 33a, as added by Acts 1923, ch. 73, § 1; Shan. Supp., § 3871a133b1; mod. Code 1932, § 4368; T.C.A. (orig. ed.), § 70-1337; T.C.A. § 69-6-833.
When it appears that any tract of land within any drainage district has been assessed with fifteen percent (15%) or more excess acreage, the owner of any such tract of land may by bill filed against the district and directors have the mistake corrected and the assessment changed, and the chancery court shall in the decree correcting the mistake determine whether it is necessary for the district to levy a special assessment to meet the deficiency caused by the correction of the mistake. If a special assessment is needed, the chancery court shall determine its amount, and the directors are authorized to, and shall, as soon as any such cause is determined, proceed to levy such special assessment, and it shall be spread upon the tax books and collected as other assessments.
Acts 1909, ch. 185, § 33a, as added by Acts 1923, ch. 73, § 1; Shan. Supp., § 3871a133b1; mod. Code 1932, § 4368; T.C.A. (orig. ed.), § 70-1337; T.C.A. § 69-6-833.