Tenn. Code Ann. § 68-217-103 — TN Code / Title 68 / Chapter 217 / Section 68-217-103
Response fund
Status: in_force

(a) There is established the "drycleaner environmental response fund" to provide a source of funds for the implementation of this chapter. (b) The expenses of administering the fund, including staff to implement this chapter, shall be paid from the money in the fund. (c) The state treasurer shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds are invested. Interest that accrues from these investments shall be deposited in the fund. (d) The sources of money for the fund are as follows: (1) Registration fees and drycleaning solvent surcharges paid under § 68-217-106 ; (2) Any appropriations made by the general assembly; (3) Penalties collected pursuant to this chapter; (4) Gifts, grants, and donations intended for deposit in the fund; and (5) Any federal funds made available under similar federal legislation, or any other federal program. (e) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this chapter. (f) All claims against the fund shall be expressly and exclusively obligations of the fund only and not of the state, and any amounts required to be paid under this section are subject to the availability of sufficient moneys in the fund. The full faith and credit of the state shall not in any way be pledged or considered to be available to guarantee payment from such fund. (g) Notwithstanding any other law to the contrary, the drycleaner environmental response fund shall not be considered an insurance company or insurer under the laws of this state, and shall not be a member of nor be entitled to claim against the Tennessee insurance guaranty association created under title 56, chapter 12. Acts 1995, ch. 541, § 3.
(a) There is established the "drycleaner environmental response fund" to provide a source of funds for the implementation of this chapter.
(b) The expenses of administering the fund, including staff to implement this chapter, shall be paid from the money in the fund.
(c) The state treasurer shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds are invested. Interest that accrues from these investments shall be deposited in the fund.
(d) The sources of money for the fund are as follows: (1) Registration fees and drycleaning solvent surcharges paid under § 68-217-106 ; (2) Any appropriations made by the general assembly; (3) Penalties collected pursuant to this chapter; (4) Gifts, grants, and donations intended for deposit in the fund; and (5) Any federal funds made available under similar federal legislation, or any other federal program.
(1) Registration fees and drycleaning solvent surcharges paid under § 68-217-106 ;
(2) Any appropriations made by the general assembly;
(3) Penalties collected pursuant to this chapter;
(4) Gifts, grants, and donations intended for deposit in the fund; and
(5) Any federal funds made available under similar federal legislation, or any other federal program.
(e) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this chapter.
(f) All claims against the fund shall be expressly and exclusively obligations of the fund only and not of the state, and any amounts required to be paid under this section are subject to the availability of sufficient moneys in the fund. The full faith and credit of the state shall not in any way be pledged or considered to be available to guarantee payment from such fund.
(g) Notwithstanding any other law to the contrary, the drycleaner environmental response fund shall not be considered an insurance company or insurer under the laws of this state, and shall not be a member of nor be entitled to claim against the Tennessee insurance guaranty association created under title 56, chapter 12.
Acts 1995, ch. 541, § 3.
Tenn. Code Ann. § 68-221-201 — TN Code / Title 68 / Chapter 221 / Section 68-221-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authority" means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor; (2) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of sewage treatment works, preliminary planning to determine the economic and engineering feasibility of sewage treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of sewage treatment works, and the inspection and supervision of the construction of sewage treatment works; (3) "Department" means the department of environment and conservation; (4) "Eligible project" means a project for construction of sewage treatment works: (A) For which approval is required under this chapter; (B) Which is, in the judgment of the department, either eligible for federal pollution abatement assistance, or required to be undertaken by a federal or state agency, whether or not federal funds are then available therefor; (C) Which conforms with applicable rules and regulations of the department; and (D) Which is, in the judgment of the department, necessary for the accomplishment of the state's policy of water purity as established by the Tennessee board of water quality, oil and gas under § 69-3-105 ; (5) "Federal pollution abatement assistance" means funds available to a municipality, either directly or through allocation by the state, from the federal government as grants for construction of sewage treatment works; (6) "Grant," "grants," "state grant," "state grants," "repayable grant," or "repayable grants" means the loan or loans of state funds to a municipality to be repaid by the municipality excluding any federal pollution abatement assistance; (7) "Municipality" means any county, town or city, or special district empowered to provide municipal sewage collection and treatment services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project; (8) "Sewage treatment works" means any facility for the purpose of treating, neutralizing or stabilizing municipal sewage, including treatment or disposal plants, the necessary intercepting, outfall and outlet sewers, pumping stations integral to such plants or sewers, equipment and furnishings thereof and their appurtenances; and (9) "User" means the owner, tenant or occupant of any lot or parcel of land connected to a sanitary sewer, or for which a sanitary sewer line is available if a municipality levies a sewer charge on the basis of such availability. Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021. Acts 1967, ch. 362, § 1; 1970, ch. 521, § 1; 1978, ch. 843, § 1; 1982, ch. 873, § 1; T.C.A., §§ 53-2017, 53-2028; Acts 1989, ch. 233, § 7; T.C.A., § 68-13-201.
As used in this part, unless the context otherwise requires:
(1) "Authority" means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor;
(2) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of sewage treatment works, preliminary planning to determine the economic and engineering feasibility of sewage treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of sewage treatment works, and the inspection and supervision of the construction of sewage treatment works;
(3) "Department" means the department of environment and conservation;
(4) "Eligible project" means a project for construction of sewage treatment works: (A) For which approval is required under this chapter; (B) Which is, in the judgment of the department, either eligible for federal pollution abatement assistance, or required to be undertaken by a federal or state agency, whether or not federal funds are then available therefor; (C) Which conforms with applicable rules and regulations of the department; and (D) Which is, in the judgment of the department, necessary for the accomplishment of the state's policy of water purity as established by the Tennessee board of water quality, oil and gas under § 69-3-105 ;
(A) For which approval is required under this chapter;
(B) Which is, in the judgment of the department, either eligible for federal pollution abatement assistance, or required to be undertaken by a federal or state agency, whether or not federal funds are then available therefor;
(C) Which conforms with applicable rules and regulations of the department; and
(D) Which is, in the judgment of the department, necessary for the accomplishment of the state's policy of water purity as established by the Tennessee board of water quality, oil and gas under § 69-3-105 ;
(5) "Federal pollution abatement assistance" means funds available to a municipality, either directly or through allocation by the state, from the federal government as grants for construction of sewage treatment works;
(6) "Grant," "grants," "state grant," "state grants," "repayable grant," or "repayable grants" means the loan or loans of state funds to a municipality to be repaid by the municipality excluding any federal pollution abatement assistance;
(7) "Municipality" means any county, town or city, or special district empowered to provide municipal sewage collection and treatment services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project;
(8) "Sewage treatment works" means any facility for the purpose of treating, neutralizing or stabilizing municipal sewage, including treatment or disposal plants, the necessary intercepting, outfall and outlet sewers, pumping stations integral to such plants or sewers, equipment and furnishings thereof and their appurtenances; and
(9) "User" means the owner, tenant or occupant of any lot or parcel of land connected to a sanitary sewer, or for which a sanitary sewer line is available if a municipality levies a sewer charge on the basis of such availability.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Acts 1967, ch. 362, § 1; 1970, ch. 521, § 1; 1978, ch. 843, § 1; 1982, ch. 873, § 1; T.C.A., §§ 53-2017, 53-2028; Acts 1989, ch. 233, § 7; T.C.A., § 68-13-201.
Tenn. Code Ann. § 68-202-704 — TN Code / Title 68 / Chapter 202 / Section 68-202-704
Cooperation of state with compact commission
Status: in_force

The departments, agencies and officers of this state and its subdivisions are authorized to cooperate with the compact commission in the furtherance of any of its activities pursuant to the compact. Acts 1982, ch. 843, § 3; T.C.A., §§ 53-7104, 68-23-704.
The departments, agencies and officers of this state and its subdivisions are authorized to cooperate with the compact commission in the furtherance of any of its activities pursuant to the compact.
Acts 1982, ch. 843, § 3; T.C.A., §§ 53-7104, 68-23-704.
Tenn. Code Ann. § 68-212-221 — TN Code / Title 68 / Chapter 212 / Section 68-212-221
Fees additional to other fees and taxes
Status: in_force

The fees levied by this part shall be in addition to all other taxes or fees, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied. Acts 1983, ch. 423, § 21; T.C.A., § 68-46-221.
The fees levied by this part shall be in addition to all other taxes or fees, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied.
Acts 1983, ch. 423, § 21; T.C.A., § 68-46-221.
Tenn. Code Ann. § 68-202-214 — TN Code / Title 68 / Chapter 202 / Section 68-202-214
Show cause meetings - Written complaints - Emergency orders
Status: in_force

(a) Upon receipt of information that any person is or may be in violation of any of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing no later than thirty (30) days after the date such order is served. (c) Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing. Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-214.
(a) Upon receipt of information that any person is or may be in violation of any of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing no later than thirty (30) days after the date such order is served.
(c) Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-214.
Tenn. Code Ann. § 68-211-904 — TN Code / Title 68 / Chapter 211 / Section 68-211-904
Board of directors - Members - Compensation
Status: in_force

(a) A resolution, creating or amending the resolution creating an authority for a county or approving an agreement to create an authority with other counties or municipalities, shall provide for the establishment of a board of directors to administer the activities of the authority. The authority's board of directors may be the same board as that of the municipal solid waste region or it may be a separate board. If a board separate from that of the region is chosen, the board of directors shall consist of an odd number, not less than five (5) nor more than fifteen (15) members. Each county and municipality that is a member of an authority shall be represented by at least one (1) member on the board. The members of the board shall be appointed by the county mayors and municipal mayors of the participating counties and municipalities, respectively, whose appointments must be approved by the respective county or municipal governing bodies. The members of the board shall serve for terms of six (6) years or until their successors are elected and are qualified by taking an oath of office, except that the initial board shall have approximately one-third (1/3) of the members with terms of two (2) years and approximately one-third (1/3) of the members with terms of four (4) years, so as to stagger the terms of office. (b) Members of county and municipal governing bodies, county mayors, municipal mayors, county and municipal officers and department heads may serve as directors, but the board of directors is not required to include such members. (c) Directors may receive compensation if provided for by the resolution approved by all of the county and municipal governing bodies participating in the authority. The resolution establishing the compensation may differentiate between municipal and county officials and department heads so as to compensate only those directors who are not officials or employees of a municipal or county government, except for reimbursement for actual expenses. Acts 1991, ch. 451, § 61; T.C.A., § 68-31-904; Acts 2003 , ch. 90, § 2.
(a) A resolution, creating or amending the resolution creating an authority for a county or approving an agreement to create an authority with other counties or municipalities, shall provide for the establishment of a board of directors to administer the activities of the authority. The authority's board of directors may be the same board as that of the municipal solid waste region or it may be a separate board. If a board separate from that of the region is chosen, the board of directors shall consist of an odd number, not less than five (5) nor more than fifteen (15) members. Each county and municipality that is a member of an authority shall be represented by at least one (1) member on the board. The members of the board shall be appointed by the county mayors and municipal mayors of the participating counties and municipalities, respectively, whose appointments must be approved by the respective county or municipal governing bodies. The members of the board shall serve for terms of six (6) years or until their successors are elected and are qualified by taking an oath of office, except that the initial board shall have approximately one-third (1/3) of the members with terms of two (2) years and approximately one-third (1/3) of the members with terms of four (4) years, so as to stagger the terms of office.
(b) Members of county and municipal governing bodies, county mayors, municipal mayors, county and municipal officers and department heads may serve as directors, but the board of directors is not required to include such members.
(c) Directors may receive compensation if provided for by the resolution approved by all of the county and municipal governing bodies participating in the authority. The resolution establishing the compensation may differentiate between municipal and county officials and department heads so as to compensate only those directors who are not officials or employees of a municipal or county government, except for reimbursement for actual expenses.
Acts 1991, ch. 451, § 61; T.C.A., § 68-31-904; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 68-221-205 — TN Code / Title 68 / Chapter 221 / Section 68-221-205
Sewage treatment works construction account
Status: in_force

There is authorized to be established in the general fund of the state treasury an account to be known as the sewage treatment works construction account; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner and in such other fund as may be deemed appropriate. Acts 1967, ch. 362, § 5; T.C.A., §§ 53-2021, 68-13-205.
There is authorized to be established in the general fund of the state treasury an account to be known as the sewage treatment works construction account; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner and in such other fund as may be deemed appropriate.
Acts 1967, ch. 362, § 5; T.C.A., §§ 53-2021, 68-13-205.
Tenn. Code Ann. § 68-212-120 — TN Code / Title 68 / Chapter 212 / Section 68-212-120
No permits for landfills violating Section 11-13-111
Status: in_force

No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate § 11-13-111 . Acts 1990, ch. 1077, § 2; T.C.A., § 68-46-120.
No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate § 11-13-111 .
Acts 1990, ch. 1077, § 2; T.C.A., § 68-46-120.
Tenn. Code Ann. § 68-211-874 — TN Code / Title 68 / Chapter 211 / Section 68-211-874
Accounting for financial activities - Funds - Uniform solid waste financial accounting system - Development - Approval - Requirement for state funds
Status: in_force

(a) Each county, solid waste authority and municipality shall account for financial activities related to the management of solid waste in accordance with generally accepted accounting principles (GAAP). The activities related to the management of solid waste must be accounted for in either a special revenue or enterprise fund, unless explicitly prohibited by GAAP. Where GAAP prohibits the use of a special revenue or enterprise fund, the solid waste financial activities may be individually accounted for in the general fund, as a separate department, program or function and sufficient detail shall be reported in the annual financial report to identify all applicable revenues and expenditures related to the management of solid waste. Any county, solid waste authority or municipality that operates a landfill and/or incinerator shall account for financial activities related specifically to that landfill and/or incinerator in an enterprise fund. Each county, solid waste authority and municipality shall use a uniform solid waste financial accounting system and chart of accounts developed by the comptroller of the treasury. (b) The comptroller of the treasury is directed to develop a uniform financial accounting system conforming to generally accepted accounting principles for use as required by this section. (c) Such uniform accounting system shall be subject to the approval of the commissioner of finance and administration. Upon such approval, each county shall establish and maintain the uniform solid waste financial accounting system. (d) No state funds for solid waste management shall be released to a county, solid waste authority or municipality unless financial activities related to the management of solid waste are accounted for in accordance with GAAP. The activities related to the management of solid waste must be accounted for in either a special revenue or enterprise fund unless explicitly prohibited by GAAP. Where GAAP prohibits the use of a special revenue or enterprise fund, the solid waste financial activities may be individually accounted for in the general fund as a separate department, program or function and sufficient detail shall be reported in the annual financial report to identify all applicable revenues and expenditures related to the management of solid waste. No state funds for solid waste management shall be released to a county, solid waste authority or municipality that operates a landfill and/or incinerator unless financial activities related to that landfill and/or incinerator are accounted for in an enterprise fund. Amended by 2013 Tenn. Acts, ch. 49,Secs.s1, s2 eff. 3/26/2013. Acts 1991, ch. 451, § 52; T.C.A., § 68-31-874; Acts 1992, ch. 759, §§ 1, 2.
(a) Each county, solid waste authority and municipality shall account for financial activities related to the management of solid waste in accordance with generally accepted accounting principles (GAAP). The activities related to the management of solid waste must be accounted for in either a special revenue or enterprise fund, unless explicitly prohibited by GAAP. Where GAAP prohibits the use of a special revenue or enterprise fund, the solid waste financial activities may be individually accounted for in the general fund, as a separate department, program or function and sufficient detail shall be reported in the annual financial report to identify all applicable revenues and expenditures related to the management of solid waste. Any county, solid waste authority or municipality that operates a landfill and/or incinerator shall account for financial activities related specifically to that landfill and/or incinerator in an enterprise fund. Each county, solid waste authority and municipality shall use a uniform solid waste financial accounting system and chart of accounts developed by the comptroller of the treasury.
(b) The comptroller of the treasury is directed to develop a uniform financial accounting system conforming to generally accepted accounting principles for use as required by this section.
(c) Such uniform accounting system shall be subject to the approval of the commissioner of finance and administration. Upon such approval, each county shall establish and maintain the uniform solid waste financial accounting system.
(d) No state funds for solid waste management shall be released to a county, solid waste authority or municipality unless financial activities related to the management of solid waste are accounted for in accordance with GAAP. The activities related to the management of solid waste must be accounted for in either a special revenue or enterprise fund unless explicitly prohibited by GAAP. Where GAAP prohibits the use of a special revenue or enterprise fund, the solid waste financial activities may be individually accounted for in the general fund as a separate department, program or function and sufficient detail shall be reported in the annual financial report to identify all applicable revenues and expenditures related to the management of solid waste. No state funds for solid waste management shall be released to a county, solid waste authority or municipality that operates a landfill and/or incinerator unless financial activities related to that landfill and/or incinerator are accounted for in an enterprise fund.
Amended by 2013 Tenn. Acts, ch. 49,Secs.s1, s2 eff. 3/26/2013.
Acts 1991, ch. 451, § 52; T.C.A., § 68-31-874; Acts 1992, ch. 759, §§ 1, 2.
Tenn. Code Ann. § 68-211-821 — TN Code / Title 68 / Chapter 211 / Section 68-211-821
Solid waste management fund - Funding - State-wide comprehensive goals for solid waste management programs
Status: in_force

(a) There is established a general fund reserve to be allocated by the general appropriations act which shall be known as the "solid waste management fund." Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. In addition to appropriations of solid waste management funds made by the annual appropriations act, at any time during the fiscal year, the commissioner of environment and conservation, subject to the approval of the commissioner of finance and administration, may use any additional funds available from the solid waste management fund to fund activities authorized by this part. (b) It is the legislative intent that all appropriations which are required for the implementation of this part and which are in addition to the funds available from the solid waste management fund established by this section shall be funded from appropriations which are otherwise available for solid waste management and related activities as appropriated in the general appropriations act. (c) The commissioner is directed to develop, with the input and advice of the underground storage tanks and solid waste disposal control board, comprehensive goals for the system of solid waste management programs throughout the state. These goals should address waste avoidance, waste reduction, recycling, composting, and household hazardous waste objectives and should incorporate a strategy of education, technical assistance, and incentives for assuring compliance by all solid waste regions. This program shall be put in place for grants given out after July 1, 2000; provided, that there is sufficient information available on the waste reduction and diversion activities of the counties at that time. Acts 1991, ch. 451, §§ 53, 89; T.C.A., § 68-31-821; Acts 1996, ch. 846, § 23; 1999, ch. 384, § 8; 2007 , ch. 462, § 7.
(a) There is established a general fund reserve to be allocated by the general appropriations act which shall be known as the "solid waste management fund." Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. In addition to appropriations of solid waste management funds made by the annual appropriations act, at any time during the fiscal year, the commissioner of environment and conservation, subject to the approval of the commissioner of finance and administration, may use any additional funds available from the solid waste management fund to fund activities authorized by this part.
(b) It is the legislative intent that all appropriations which are required for the implementation of this part and which are in addition to the funds available from the solid waste management fund established by this section shall be funded from appropriations which are otherwise available for solid waste management and related activities as appropriated in the general appropriations act.
(c) The commissioner is directed to develop, with the input and advice of the underground storage tanks and solid waste disposal control board, comprehensive goals for the system of solid waste management programs throughout the state. These goals should address waste avoidance, waste reduction, recycling, composting, and household hazardous waste objectives and should incorporate a strategy of education, technical assistance, and incentives for assuring compliance by all solid waste regions. This program shall be put in place for grants given out after July 1, 2000; provided, that there is sufficient information available on the waste reduction and diversion activities of the counties at that time.
Acts 1991, ch. 451, §§ 53, 89; T.C.A., § 68-31-821; Acts 1996, ch. 846, § 23; 1999, ch. 384, § 8; 2007 , ch. 462, § 7.
Tenn. Code Ann. § 68-201-109 — TN Code / Title 68 / Chapter 201 / Section 68-201-109
Emergency stop orders for air contaminant sources - Hearings
Status: in_force

Any other law to the contrary notwithstanding, if the commissioner finds that emissions from the operation of one (1) or more air contaminant sources are causing imminent danger to human health and safety, the commissioner may, with the approval of the governor, order the person or persons responsible for the operation or operations in question, or the person or persons causing or contributing to the air pollution, to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the commissioner. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the commissioner shall affirm, modify or set aside the commissioner's previous order. The commissioner shall cause a transcript to be made of the proceedings in any such hearing, copies of which shall be made available to all parties affected, at a reasonable cost. Acts 1967, ch. 367, § 9; T.C.A., § 53-3416; Acts 1984, ch. 788, § 9; T.C.A., § 68-25-109.
Any other law to the contrary notwithstanding, if the commissioner finds that emissions from the operation of one (1) or more air contaminant sources are causing imminent danger to human health and safety, the commissioner may, with the approval of the governor, order the person or persons responsible for the operation or operations in question, or the person or persons causing or contributing to the air pollution, to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the commissioner. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the commissioner shall affirm, modify or set aside the commissioner's previous order. The commissioner shall cause a transcript to be made of the proceedings in any such hearing, copies of which shall be made available to all parties affected, at a reasonable cost.
Acts 1967, ch. 367, § 9; T.C.A., § 53-3416; Acts 1984, ch. 788, § 9; T.C.A., § 68-25-109.
Tenn. Code Ann. § 68-211-924 — TN Code / Title 68 / Chapter 211 / Section 68-211-924
Dissolution of authority - Procedure - Allocation of assets
Status: in_force

An authority may be dissolved by a resolution approved by all county and municipal governmental bodies participating in the organization of the authority. A resolution to dissolve the authority shall contain adequate provisions to divide the assets and liabilities of the authority among the participating county and municipal governments in an equitable manner if the authority has assets in excess of liabilities. In the event that the authority has liabilities in excess of assets, the resolution of dissolution shall provide for the allocation of assets of the authority among the creditors of the authority by agreement between the creditors of the authority and the board of directors of the authority. In the event that such an agreement cannot be reached within ninety (90) days after the approval of the resolution to dissolve the insolvent authority, then the board of directors of the authority shall petition the chancery court for an equitable allocation of assets. The chancery court shall hear the cause and shall enter a decree for the allocation of the assets of the authority among the authority's creditors. After the final disposition of the assets of the authority, the board of directors of the authority shall notify, in writing, the governing bodies of the participating governments, the secretary of state, and the department of environment and conservation of these actions, whereupon the board of directors and the authority shall cease to exist. Acts 1991, ch. 451, § 81; T.C.A., § 68-31-924; Acts 1996, ch. 846, § 47.
An authority may be dissolved by a resolution approved by all county and municipal governmental bodies participating in the organization of the authority. A resolution to dissolve the authority shall contain adequate provisions to divide the assets and liabilities of the authority among the participating county and municipal governments in an equitable manner if the authority has assets in excess of liabilities. In the event that the authority has liabilities in excess of assets, the resolution of dissolution shall provide for the allocation of assets of the authority among the creditors of the authority by agreement between the creditors of the authority and the board of directors of the authority. In the event that such an agreement cannot be reached within ninety (90) days after the approval of the resolution to dissolve the insolvent authority, then the board of directors of the authority shall petition the chancery court for an equitable allocation of assets. The chancery court shall hear the cause and shall enter a decree for the allocation of the assets of the authority among the authority's creditors. After the final disposition of the assets of the authority, the board of directors of the authority shall notify, in writing, the governing bodies of the participating governments, the secretary of state, and the department of environment and conservation of these actions, whereupon the board of directors and the authority shall cease to exist.
Acts 1991, ch. 451, § 81; T.C.A., § 68-31-924; Acts 1996, ch. 846, § 47.
Tenn. Code Ann. § 68-214-101 — TN Code / Title 68 / Chapter 214 / Section 68-214-101
Commissioner's authority to contract
Status: in_force

The commissioner of environment and conservation is authorized to contract with the University of Tennessee for the initial establishment on the Knoxville campus of an environmental engineering project, and to contract with Tennessee Technological University and the University of Memphis for programs within the project for applied research and public service directly applicable to the mission of the department of environment and conservation. Acts 1972, ch. 851, § 1; T.C.A., §§ 53-4901, 68-37-101; Acts 1994, ch. 538, § 2.
The commissioner of environment and conservation is authorized to contract with the University of Tennessee for the initial establishment on the Knoxville campus of an environmental engineering project, and to contract with Tennessee Technological University and the University of Memphis for programs within the project for applied research and public service directly applicable to the mission of the department of environment and conservation.
Acts 1972, ch. 851, § 1; T.C.A., §§ 53-4901, 68-37-101; Acts 1994, ch. 538, § 2.
Tenn. Code Ann. § 68-221-413 — TN Code / Title 68 / Chapter 221 / Section 68-221-413
Violations - Penalty
Status: in_force

(a) Any person violating any of this part and rules and regulations promulgated pursuant to this part commits a Class C misdemeanor. (b) It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in prosecuting such violations. Acts 1973, ch. 188, § 10; T.C.A., § 53-2054; Acts 1986, ch. 735, § 9; 1989, ch. 591, § 113; T.C.A., § 68-13-413.
(a) Any person violating any of this part and rules and regulations promulgated pursuant to this part commits a Class C misdemeanor.
(b) It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in prosecuting such violations.
Acts 1973, ch. 188, § 10; T.C.A., § 53-2054; Acts 1986, ch. 735, § 9; 1989, ch. 591, § 113; T.C.A., § 68-13-413.
Tenn. Code Ann. § 68-211-1012 — TN Code / Title 68 / Chapter 211 / Section 68-211-1012
Administration and enforcement
Status: in_force

(a) The commissioner of environment and conservation shall administer and enforce this part. (b) The commissioner may: (1) Issue orders for correction to enforce this part and rules and regulations promulgated pursuant to this part in the manner specified in § 68-211-112 and such orders may be reviewed in the manner specified in § 68-211-113 ; (2) Institute proceedings to enjoin violations of this part, rules and regulations promulgated pursuant to this part or orders issued pursuant to subdivision (b)(1) in the manner specified in § 68-211-115 ; and (3) Assess civil penalties against any person who violates or fails to comply with this part or rules and regulations promulgated pursuant to this part in the manner specified in § 68-211-117 . Acts 1993, ch. 185, § 13.
(a) The commissioner of environment and conservation shall administer and enforce this part.
(b) The commissioner may: (1) Issue orders for correction to enforce this part and rules and regulations promulgated pursuant to this part in the manner specified in § 68-211-112 and such orders may be reviewed in the manner specified in § 68-211-113 ; (2) Institute proceedings to enjoin violations of this part, rules and regulations promulgated pursuant to this part or orders issued pursuant to subdivision (b)(1) in the manner specified in § 68-211-115 ; and (3) Assess civil penalties against any person who violates or fails to comply with this part or rules and regulations promulgated pursuant to this part in the manner specified in § 68-211-117 .
(1) Issue orders for correction to enforce this part and rules and regulations promulgated pursuant to this part in the manner specified in § 68-211-112 and such orders may be reviewed in the manner specified in § 68-211-113 ;
(2) Institute proceedings to enjoin violations of this part, rules and regulations promulgated pursuant to this part or orders issued pursuant to subdivision (b)(1) in the manner specified in § 68-211-115 ; and
(3) Assess civil penalties against any person who violates or fails to comply with this part or rules and regulations promulgated pursuant to this part in the manner specified in § 68-211-117 .
Acts 1993, ch. 185, § 13.
Tenn. Code Ann. § 68-201-118 — TN Code / Title 68 / Chapter 201 / Section 68-201-118
Variances
Status: in_force

(a) Any person seeking a variance shall do so by filing a petition for variance with the technical secretary. The technical secretary shall promptly investigate such petition and make recommendation to the board as to its disposition. (b) Upon receiving the recommendation of the technical secretary, the board may, if such recommendation is for the granting of a variance, do so without hearing. If the recommendation of the technical secretary is against the granting of a variance, or the board, in its discretion, concludes that a hearing would be advisable, then a hearing shall be held not later than sixty (60) days after the board receives the recommendation of the technical secretary. (c) The petitioner shall be given written notice at the earliest practicable time as to the time and place of such hearing. (d) Any member of the board, or, with the approval of the governor, any person licensed to practice law in the state of Tennessee and designated by the board to act as hearing examiner, may act as hearing examiner to conduct hearings, administer oaths, subpoena witnesses, and enforce the attendance of witnesses at the hearing. Any member of the board, the hearing examiner or counsel representing the board may examine or cross-examine all witnesses. A complete record of the hearing shall be made for review by the board members. (e) All testimony shall be under oath and stenographically recorded. The transcript so recorded shall be made available to the petitioner or any party to the hearing upon payment of the usual charges for such transcript. (f) The board in considering the granting of a variance shall give due consideration to the equities of the petitioner and others who may be affected by granting or denial of the petition. (g) The board may make the granting of a petition for variance contingent upon such other requirements or restrictions on the petitioner as it may deem appropriate and reasonable. (h) Any variance granted shall be for a period not to exceed one (1) year, but may be extended from time to time but in no case for longer than one (1) year at a time upon recommendation of the technical secretary and affirmative action by the board. (i) The board shall issue, enter and mail to the petitioner in writing, by certified mail, return receipt requested, within sixty (60) days following the final argument in such hearing or within sixty (60) days following receipt of the recommendation of the technical secretary when no hearing is held, its final order or determination. Such order or determination shall be approved in writing by at least seven (7) members of the board. (j) Upon failure of the board to issue, enter and mail to the petitioner a final order or determination within sixty (60) days after the final argument in any such hearing or within sixty (60) days following receipt of the recommendation of the technical secretary when no hearing is held, the petitioner shall be entitled to treat for all purposes such failure to act as a granting of the variance requested. (k) The burden of proof in such hearings shall be upon the petitioner. (l) (1) The board may delegate the authority to approve certain types of variances to the commissioner, or the commissioner's designee, pursuant to this subsection ( l ). (2) The types of variances that may be delegated for granting by the commissioner upon recommendation by the technical secretary include, but are not limited to, the following: (A) The use of open burning, not otherwise permitted by rules or regulations, for the limited purpose of testing a fire control device or system in order to obtain insurance; and (B) The use of a variance in the case of financial hardship or other extenuating circumstances under which a vehicle that fails emissions testing required by § 55-4-130 and for which a waiver under § 55-4-128 , or any rules and regulations promulgated pursuant thereto, is not permitted. (3) Any petitioner for a variance who objects to a conditional grant of a variance by the commissioner may seek a hearing before the full board as if the variance was denied. Any such hearing shall be subject to the procedural requirements for hearings conducted under subsection (b). Acts 1984, ch. 788, § 8; T.C.A., § 68-25-118; Acts 2012 , ch. 860, § 1.
(a) Any person seeking a variance shall do so by filing a petition for variance with the technical secretary. The technical secretary shall promptly investigate such petition and make recommendation to the board as to its disposition.
(b) Upon receiving the recommendation of the technical secretary, the board may, if such recommendation is for the granting of a variance, do so without hearing. If the recommendation of the technical secretary is against the granting of a variance, or the board, in its discretion, concludes that a hearing would be advisable, then a hearing shall be held not later than sixty (60) days after the board receives the recommendation of the technical secretary.
(c) The petitioner shall be given written notice at the earliest practicable time as to the time and place of such hearing.
(d) Any member of the board, or, with the approval of the governor, any person licensed to practice law in the state of Tennessee and designated by the board to act as hearing examiner, may act as hearing examiner to conduct hearings, administer oaths, subpoena witnesses, and enforce the attendance of witnesses at the hearing. Any member of the board, the hearing examiner or counsel representing the board may examine or cross-examine all witnesses. A complete record of the hearing shall be made for review by the board members.
(e) All testimony shall be under oath and stenographically recorded. The transcript so recorded shall be made available to the petitioner or any party to the hearing upon payment of the usual charges for such transcript.
(f) The board in considering the granting of a variance shall give due consideration to the equities of the petitioner and others who may be affected by granting or denial of the petition.
(g) The board may make the granting of a petition for variance contingent upon such other requirements or restrictions on the petitioner as it may deem appropriate and reasonable.
(h) Any variance granted shall be for a period not to exceed one (1) year, but may be extended from time to time but in no case for longer than one (1) year at a time upon recommendation of the technical secretary and affirmative action by the board.
(i) The board shall issue, enter and mail to the petitioner in writing, by certified mail, return receipt requested, within sixty (60) days following the final argument in such hearing or within sixty (60) days following receipt of the recommendation of the technical secretary when no hearing is held, its final order or determination. Such order or determination shall be approved in writing by at least seven (7) members of the board.
(j) Upon failure of the board to issue, enter and mail to the petitioner a final order or determination within sixty (60) days after the final argument in any such hearing or within sixty (60) days following receipt of the recommendation of the technical secretary when no hearing is held, the petitioner shall be entitled to treat for all purposes such failure to act as a granting of the variance requested.
(k) The burden of proof in such hearings shall be upon the petitioner.
(l) (1) The board may delegate the authority to approve certain types of variances to the commissioner, or the commissioner's designee, pursuant to this subsection ( l ). (2) The types of variances that may be delegated for granting by the commissioner upon recommendation by the technical secretary include, but are not limited to, the following: (A) The use of open burning, not otherwise permitted by rules or regulations, for the limited purpose of testing a fire control device or system in order to obtain insurance; and (B) The use of a variance in the case of financial hardship or other extenuating circumstances under which a vehicle that fails emissions testing required by § 55-4-130 and for which a waiver under § 55-4-128 , or any rules and regulations promulgated pursuant thereto, is not permitted. (3) Any petitioner for a variance who objects to a conditional grant of a variance by the commissioner may seek a hearing before the full board as if the variance was denied. Any such hearing shall be subject to the procedural requirements for hearings conducted under subsection (b).
(1) The board may delegate the authority to approve certain types of variances to the commissioner, or the commissioner's designee, pursuant to this subsection ( l ).
(2) The types of variances that may be delegated for granting by the commissioner upon recommendation by the technical secretary include, but are not limited to, the following: (A) The use of open burning, not otherwise permitted by rules or regulations, for the limited purpose of testing a fire control device or system in order to obtain insurance; and (B) The use of a variance in the case of financial hardship or other extenuating circumstances under which a vehicle that fails emissions testing required by § 55-4-130 and for which a waiver under § 55-4-128 , or any rules and regulations promulgated pursuant thereto, is not permitted.
(A) The use of open burning, not otherwise permitted by rules or regulations, for the limited purpose of testing a fire control device or system in order to obtain insurance; and
(B) The use of a variance in the case of financial hardship or other extenuating circumstances under which a vehicle that fails emissions testing required by § 55-4-130 and for which a waiver under § 55-4-128 , or any rules and regulations promulgated pursuant thereto, is not permitted.
(3) Any petitioner for a variance who objects to a conditional grant of a variance by the commissioner may seek a hearing before the full board as if the variance was denied. Any such hearing shall be subject to the procedural requirements for hearings conducted under subsection (b).
Acts 1984, ch. 788, § 8; T.C.A., § 68-25-118; Acts 2012 , ch. 860, § 1.
Tenn. Code Ann. § 68-211-862 — TN Code / Title 68 / Chapter 211 / Section 68-211-862
Records of origin and amount of solid waste received at transfer stations, disposal facilities, and incinerators - Exclusion - Measurement of amount of solid waste received
Status: in_force

(a) The owner or operator of each Class I municipal solid waste disposal facility, incinerator, or transfer station shall be responsible for: (1) Maintaining an accurate written record of all amounts and county of origin of solid waste, measured in tons, received at the facility; and (2) Submitting the information required under subdivision (a)(1) to the department. (b) Measurement in tons of solid waste received shall be accomplished by one (1) or more of the following methods: (1) The provision of stationary or portable scales at the disposal facility or incinerator or transfer station for weighing incoming waste; or (2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility, incinerator, or transfer station for weighing all waste destined for disposal at the facility. Amended by 2017 Tenn. Acts, ch. 282,s 1, eff. 5/4/2017. Acts 1991, ch. 451, § 26; T.C.A., § 68-31-862; Acts 1992, ch. 693, § 24; 1996, ch. 846, §§ 37, 38; 1999, ch. 384, § 7.
(a) The owner or operator of each Class I municipal solid waste disposal facility, incinerator, or transfer station shall be responsible for: (1) Maintaining an accurate written record of all amounts and county of origin of solid waste, measured in tons, received at the facility; and (2) Submitting the information required under subdivision (a)(1) to the department.
(1) Maintaining an accurate written record of all amounts and county of origin of solid waste, measured in tons, received at the facility; and
(2) Submitting the information required under subdivision (a)(1) to the department.
(b) Measurement in tons of solid waste received shall be accomplished by one (1) or more of the following methods: (1) The provision of stationary or portable scales at the disposal facility or incinerator or transfer station for weighing incoming waste; or (2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility, incinerator, or transfer station for weighing all waste destined for disposal at the facility.
(1) The provision of stationary or portable scales at the disposal facility or incinerator or transfer station for weighing incoming waste; or
(2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility, incinerator, or transfer station for weighing all waste destined for disposal at the facility.
Amended by 2017 Tenn. Acts, ch. 282,s 1, eff. 5/4/2017.
Acts 1991, ch. 451, § 26; T.C.A., § 68-31-862; Acts 1992, ch. 693, § 24; 1996, ch. 846, §§ 37, 38; 1999, ch. 384, § 7.
Tenn. Code Ann. § 68-221-601 — TN Code / Title 68 / Chapter 221 / Section 68-221-601
Short title
Status: in_force

This part shall be known and may be cited as the "Water and Wastewater Treatment Authority Act." Acts 1974, ch. 605, § 1; T.C.A., §§ 53-6001, 68-13-601.
This part shall be known and may be cited as the "Water and Wastewater Treatment Authority Act."
Acts 1974, ch. 605, § 1; T.C.A., §§ 53-6001, 68-13-601.
Tenn. Code Ann. § 68-221-1201 — TN Code / Title 68 / Chapter 221 / Section 68-221-1201
Short title
Status: in_force

This part shall be known and may be cited as the "Drinking Water Revolving Loan Fund Act of 1997." Acts 1997, ch. 483, § 2.
This part shall be known and may be cited as the "Drinking Water Revolving Loan Fund Act of 1997."
Acts 1997, ch. 483, § 2.
Tenn. Code Ann. § 68-221-618 — TN Code / Title 68 / Chapter 221 / Section 68-221-618
Compensation of board members
Status: in_force

The members of the board of commissioners shall serve without compensation for their services, except that by resolution duly adopted by the board, each commissioner may receive a per diem payment for not more than six (6) meetings of the board in any calendar year at a rate not greater than three hundred dollars ($300) per meeting. Amended by 2021 Tenn. Acts, ch. 126, s 1, eff. 4/13/2021. Acts 1992, ch. 938, § 1.
The members of the board of commissioners shall serve without compensation for their services, except that by resolution duly adopted by the board, each commissioner may receive a per diem payment for not more than six (6) meetings of the board in any calendar year at a rate not greater than three hundred dollars ($300) per meeting.
Amended by 2021 Tenn. Acts, ch. 126, s 1, eff. 4/13/2021.
Acts 1992, ch. 938, § 1.
Tenn. Code Ann. § 68-221-1203 — TN Code / Title 68 / Chapter 221 / Section 68-221-1203
Part definitions
Status: in_force

Terms used in this part that are defined in §§ 68-221-703 and 68-221-1003 shall have the same meaning in this part. As used in this part, unless the context otherwise requires: (1) "Federal act" means the Safe Drinking Water Act, or Title XIV of the Public Health Service Act ( 42 U.S.C. § 300f et seq.), as amended, and rules and regulations promulgated thereunder; (2) "Fund" means the water system revolving loan fund; (3) "Loan" means loans, loan guarantees, or a source of reserve and security for leveraged loans; (4) "Security" means that which is determined by the authority to be acceptable to secure a loan to a water system under this part and includes, but is not limited to, dedicated or other revenues of the system, collateral, letters of credit, and surety bonds; (5) "State act" means the Tennessee Safe Drinking Water Act of 1983, compiled in part 7 of this chapter, as amended, and rules and regulations promulgated thereunder; and (6) "System" and "water system" mean the community public water systems of a county, incorporated town or city, metropolitan government, a privately owned for-profit community public water system, utility district formed pursuant to the Utility District Law, compiled in title 7, chapter 82, water/wastewater authority, energy authority, state agency, or an instrumentality of government created by any one (1) or more of these or by an act of the general assembly as well as such governmental entity. Amended by 2015 Tenn. Acts, ch. 207, s 1, eff. 4/20/2015. Acts 1997 , ch. 483, § 4; 2002, ch. 603, § 6; 2009 , ch. 409, § 3.
Terms used in this part that are defined in §§ 68-221-703 and 68-221-1003 shall have the same meaning in this part. As used in this part, unless the context otherwise requires:
(1) "Federal act" means the Safe Drinking Water Act, or Title XIV of the Public Health Service Act ( 42 U.S.C. § 300f et seq.), as amended, and rules and regulations promulgated thereunder;
(2) "Fund" means the water system revolving loan fund;
(3) "Loan" means loans, loan guarantees, or a source of reserve and security for leveraged loans;
(4) "Security" means that which is determined by the authority to be acceptable to secure a loan to a water system under this part and includes, but is not limited to, dedicated or other revenues of the system, collateral, letters of credit, and surety bonds;
(5) "State act" means the Tennessee Safe Drinking Water Act of 1983, compiled in part 7 of this chapter, as amended, and rules and regulations promulgated thereunder; and
(6) "System" and "water system" mean the community public water systems of a county, incorporated town or city, metropolitan government, a privately owned for-profit community public water system, utility district formed pursuant to the Utility District Law, compiled in title 7, chapter 82, water/wastewater authority, energy authority, state agency, or an instrumentality of government created by any one (1) or more of these or by an act of the general assembly as well as such governmental entity.
Amended by 2015 Tenn. Acts, ch. 207, s 1, eff. 4/20/2015.
Acts 1997 , ch. 483, § 4; 2002, ch. 603, § 6; 2009 , ch. 409, § 3.
Tenn. Code Ann. § 68-221-610 — TN Code / Title 68 / Chapter 221 / Section 68-221-610
Power to condemn property
Status: in_force

(a) An authority has the power to condemn either the fee or such right, title, interest or easement in the property as the board may deem necessary for any of the purposes mentioned in this part, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by this use. (b) Such power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. Acts 1974, ch. 605, § 10; T.C.A., §§ 53-6010, 68-13-610.
(a) An authority has the power to condemn either the fee or such right, title, interest or easement in the property as the board may deem necessary for any of the purposes mentioned in this part, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by this use.
(b) Such power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
Acts 1974, ch. 605, § 10; T.C.A., §§ 53-6010, 68-13-610.
Tenn. Code Ann. § 68-211-908 — TN Code / Title 68 / Chapter 211 / Section 68-211-908
Power of condemnation
Status: in_force

The authority is authorized and empowered to condemn in its own name any land, rights in land, easements or rights-of-way situated within the territorial limits of the authority which, in the judgment of the board of directors, are necessary for carrying out the purposes for which the authority is created, and such property or interest in such property may be so acquired, whether or not the same is owned or held for public use by persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by the use to which such property will be put by the authority. Such power of condemnation may be exercised in the manner prescribed by title 29, chapter 16, or in the manner prescribed by any other applicable statute for the exercise of the power of eminent domain. Acts 1991, ch. 451, § 65; T.C.A., § 68-31-908.
The authority is authorized and empowered to condemn in its own name any land, rights in land, easements or rights-of-way situated within the territorial limits of the authority which, in the judgment of the board of directors, are necessary for carrying out the purposes for which the authority is created, and such property or interest in such property may be so acquired, whether or not the same is owned or held for public use by persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by the use to which such property will be put by the authority. Such power of condemnation may be exercised in the manner prescribed by title 29, chapter 16, or in the manner prescribed by any other applicable statute for the exercise of the power of eminent domain.
Acts 1991, ch. 451, § 65; T.C.A., § 68-31-908.
Tenn. Code Ann. § 68-211-205 — TN Code / Title 68 / Chapter 211 / Section 68-211-205
Development and publication of educational materials
Status: in_force

The department may develop and publish educational materials on the requirements of this part relative to discarded mercury-added consumer products and the effects of improper mercury disposal. For purposes of this section, publication shall include, but is not limited to, prominently posting the content of such materials on the department's website. Acts 2010 , ch. 840, § 6.
The department may develop and publish educational materials on the requirements of this part relative to discarded mercury-added consumer products and the effects of improper mercury disposal. For purposes of this section, publication shall include, but is not limited to, prominently posting the content of such materials on the department's website.
Acts 2010 , ch. 840, § 6.
Tenn. Code Ann. § 68-221-510 — TN Code / Title 68 / Chapter 221 / Section 68-221-510
Payments to state - Water service fee - Taxation
Status: in_force

(a) The authority shall establish the monthly payment due from the municipality to the state necessary for the municipality to fund the project. (b) The municipality shall establish a water service fee and/or such ad valorem taxes as necessary to provide funds sufficient to pay the monthly payments established, plus the costs of operation and maintenance of the water works, including depreciation according to generally accepted accounting principles, and any other debt service expense of the system. (c) It is the intent that the water service fee be the primary source of payment of such costs and payments. (d) The water service fee shall be adjusted periodically by the municipality so that such fees will be sufficient to pay such monthly payments and costs, but will create a minimum excess. (e) It is the intent that such water service fees shall only be for the purpose of providing for such monthly payments and costs. (f) The water service fee shall be expressed as a single charge on the utility bill. Acts 1974, ch. 671, § 10; 1978, ch. 843, § 10; 1982, ch. 873, § 5; T.C.A., § 53-2064; Acts 1984, ch. 965, § 9; 1989, ch. 233, § 31; T.C.A., § 68-13-510.
(a) The authority shall establish the monthly payment due from the municipality to the state necessary for the municipality to fund the project.
(b) The municipality shall establish a water service fee and/or such ad valorem taxes as necessary to provide funds sufficient to pay the monthly payments established, plus the costs of operation and maintenance of the water works, including depreciation according to generally accepted accounting principles, and any other debt service expense of the system.
(c) It is the intent that the water service fee be the primary source of payment of such costs and payments.
(d) The water service fee shall be adjusted periodically by the municipality so that such fees will be sufficient to pay such monthly payments and costs, but will create a minimum excess.
(e) It is the intent that such water service fees shall only be for the purpose of providing for such monthly payments and costs.
(f) The water service fee shall be expressed as a single charge on the utility bill.
Acts 1974, ch. 671, § 10; 1978, ch. 843, § 10; 1982, ch. 873, § 5; T.C.A., § 53-2064; Acts 1984, ch. 965, § 9; 1989, ch. 233, § 31; T.C.A., § 68-13-510.
Tenn. Code Ann. § 68-202-402 — TN Code / Title 68 / Chapter 202 / Section 68-202-402
Specific licensee bond - Additional requirements - Private ownership or operation
Status: in_force

(a) The commissioner may require the posting of a bond by an existing specific licensee by amendment to an existing license or by a person making application for a new specific license to assure the availability of funds to the state in the event of abandonment, insolvency or other inability of the specific licensee to meet the requirements of the commissioner regarding a public health hazard created by the presence of radioactive sources at a site occupied by the licensee or formerly under its possession, ownership or control. The commissioner is authorized to establish by rule or regulation, or order based upon such rule or regulation, the bonding requirements by classes of specific licensees and by range of monetary amounts. In establishing such requirements, the commissioner shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources of radiation used by the specific licensee, the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the specific licensee to perform such services to the satisfaction of the commissioner. (b) In the event it is determined that there is a reasonable probability that a licensed facility will eventually cease to operate while containing, storing, or otherwise possessing radioactive sources on the premises which will require continuing and perpetual care or surveillance over the facility to protect the public health, safety, or welfare, the commissioner may require a specific licensee to deposit sums, in addition to posting bond, in such amounts and under such circumstances as the commissioner shall determine as necessary by rule, regulation, or order based upon such rule or regulation, in a trust fund maintained as the perpetual care trust fund in the name of the state. In establishing such additional requirements, the commissioner shall give due consideration to the nature of the licensed radioactive material, the size and type of facility to be decommissioned, and the anticipated expenses of perpetual care and surveillance. (c) No private person shall be precluded by reason of criteria established under subsections (a) and (b) from ownership or operation of facilities containing, storing or otherwise possessing radioactive sources where such person can provide assurance of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the possession of radioactive sources. The commissioner is authorized to promulgate rules and regulations to establish criteria for determining adequacy of assurance of financial responsibility and continuity of operation. Acts 1976, ch. 475, § 2; T.C.A., § 53-3324; Acts 1985, ch. 109, § 1; T.C.A., § 68-23-402.
(a) The commissioner may require the posting of a bond by an existing specific licensee by amendment to an existing license or by a person making application for a new specific license to assure the availability of funds to the state in the event of abandonment, insolvency or other inability of the specific licensee to meet the requirements of the commissioner regarding a public health hazard created by the presence of radioactive sources at a site occupied by the licensee or formerly under its possession, ownership or control. The commissioner is authorized to establish by rule or regulation, or order based upon such rule or regulation, the bonding requirements by classes of specific licensees and by range of monetary amounts. In establishing such requirements, the commissioner shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources of radiation used by the specific licensee, the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the specific licensee to perform such services to the satisfaction of the commissioner.
(b) In the event it is determined that there is a reasonable probability that a licensed facility will eventually cease to operate while containing, storing, or otherwise possessing radioactive sources on the premises which will require continuing and perpetual care or surveillance over the facility to protect the public health, safety, or welfare, the commissioner may require a specific licensee to deposit sums, in addition to posting bond, in such amounts and under such circumstances as the commissioner shall determine as necessary by rule, regulation, or order based upon such rule or regulation, in a trust fund maintained as the perpetual care trust fund in the name of the state. In establishing such additional requirements, the commissioner shall give due consideration to the nature of the licensed radioactive material, the size and type of facility to be decommissioned, and the anticipated expenses of perpetual care and surveillance.
(c) No private person shall be precluded by reason of criteria established under subsections (a) and (b) from ownership or operation of facilities containing, storing or otherwise possessing radioactive sources where such person can provide assurance of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the possession of radioactive sources. The commissioner is authorized to promulgate rules and regulations to establish criteria for determining adequacy of assurance of financial responsibility and continuity of operation.
Acts 1976, ch. 475, § 2; T.C.A., § 53-3324; Acts 1985, ch. 109, § 1; T.C.A., § 68-23-402.
Tenn. Code Ann. § 68-205-104 — TN Code / Title 68 / Chapter 205 / Section 68-205-104
C-PACER program - Designation of region - Administration of program - Financing for assessments
Status: in_force

(a) A local government may establish a C-PACER program and exercise all powers granted under this chapter. (b) (1) The local government shall designate a region within its boundaries as an area in which C-PACER activities are eligible. (2) If the local government is a county, then the region designated may encompass the whole of the unincorporated and incorporated areas inside the county's boundaries. (c) Except as otherwise provided in subsection (g), a local government that establishes a program, or establishes a program through its designee, including the program administrator, may enter into a written assessment contract with a property owner to establish a voluntary assessment to repay the owner's financing of a qualified project on the owner's property as long as the conditions set forth in § 68-205-103 are met. (d) A local government may administer a program, delegate administration pursuant to § 68-205-107 , delegate administration to the program administrator, or delegate administration to a single, independent, and qualified third party for all C-PACER assessments within the region as identified in subsection (b). (e) If the program provides for third-party administration, then the local government official authorized to enter into a written contract with a property owner pursuant to subsection (c) shall also enter into a written contract with the program administrator. The contract must require the third party to reimburse the local government for costs associated with monitoring the program, imposing the assessment, and billing and collecting payments on behalf of the third party. (f) The financing for assessments imposed may include, but is not limited to: (1) The cost of materials and labor necessary for the installation or modification of a qualified improvement; (2) Permit fees; (3) Inspection fees; (4) Lender fees; (5) Program application and administrative fees; (6) Project development and engineering fees; (7) Interest reserves; (8) Capitalized interest, in an amount determined by the owner of the commercial property and the third party providing financing under this section; and (9) Other fees or costs incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government. (g) Prior to entering into the written assessment contract, the local government shall require each record owner to consent to the assessment, which may be executed in the owner's sole and absolute discretion, and acknowledge in writing that the owner may be responsible for the payment of any remaining principal balance of the assessment upon the sale of the property unless the remaining balance is assumed by the acquiring property owner. Amended by 2022 Tenn. Acts, ch. 868, s 4, eff. 4/14/2022. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
(a) A local government may establish a C-PACER program and exercise all powers granted under this chapter.
(b) (1) The local government shall designate a region within its boundaries as an area in which C-PACER activities are eligible. (2) If the local government is a county, then the region designated may encompass the whole of the unincorporated and incorporated areas inside the county's boundaries.
(1) The local government shall designate a region within its boundaries as an area in which C-PACER activities are eligible.
(2) If the local government is a county, then the region designated may encompass the whole of the unincorporated and incorporated areas inside the county's boundaries.
(c) Except as otherwise provided in subsection (g), a local government that establishes a program, or establishes a program through its designee, including the program administrator, may enter into a written assessment contract with a property owner to establish a voluntary assessment to repay the owner's financing of a qualified project on the owner's property as long as the conditions set forth in § 68-205-103 are met.
(d) A local government may administer a program, delegate administration pursuant to § 68-205-107 , delegate administration to the program administrator, or delegate administration to a single, independent, and qualified third party for all C-PACER assessments within the region as identified in subsection (b).
(e) If the program provides for third-party administration, then the local government official authorized to enter into a written contract with a property owner pursuant to subsection (c) shall also enter into a written contract with the program administrator. The contract must require the third party to reimburse the local government for costs associated with monitoring the program, imposing the assessment, and billing and collecting payments on behalf of the third party.
(f) The financing for assessments imposed may include, but is not limited to: (1) The cost of materials and labor necessary for the installation or modification of a qualified improvement; (2) Permit fees; (3) Inspection fees; (4) Lender fees; (5) Program application and administrative fees; (6) Project development and engineering fees; (7) Interest reserves; (8) Capitalized interest, in an amount determined by the owner of the commercial property and the third party providing financing under this section; and (9) Other fees or costs incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government.
(1) The cost of materials and labor necessary for the installation or modification of a qualified improvement;
(2) Permit fees;
(3) Inspection fees;
(4) Lender fees;
(5) Program application and administrative fees;
(6) Project development and engineering fees;
(7) Interest reserves;
(8) Capitalized interest, in an amount determined by the owner of the commercial property and the third party providing financing under this section; and
(9) Other fees or costs incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government.
(g) Prior to entering into the written assessment contract, the local government shall require each record owner to consent to the assessment, which may be executed in the owner's sole and absolute discretion, and acknowledge in writing that the owner may be responsible for the payment of any remaining principal balance of the assessment upon the sale of the property unless the remaining balance is assumed by the acquiring property owner.
Amended by 2022 Tenn. Acts, ch. 868, s 4, eff. 4/14/2022.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-221-719 — TN Code / Title 68 / Chapter 221 / Section 68-221-719
Continuation of rules and regulations
Status: in_force

(a) The rules and regulations for public water systems previously promulgated under this chapter, pursuant to part 1 of this chapter, shall remain in effect as the rules and regulations under this part. (b) Any of the rules or regulations which may conflict with a statutory provision of this part are rendered void, but shall not affect the validity of the remaining rules and regulations. Acts 1983, ch. 324, § 20; T.C.A., § 68-13-719.
(a) The rules and regulations for public water systems previously promulgated under this chapter, pursuant to part 1 of this chapter, shall remain in effect as the rules and regulations under this part.
(b) Any of the rules or regulations which may conflict with a statutory provision of this part are rendered void, but shall not affect the validity of the remaining rules and regulations.
Acts 1983, ch. 324, § 20; T.C.A., § 68-13-719.
Tenn. Code Ann. § 68-211-305 — TN Code / Title 68 / Chapter 211 / Section 68-211-305
Tire environmental program - Program expenditures
Status: in_force

(a) The department of environment and conservation shall administer a tire environmental program with moneys available from the fund as appropriated by the general assembly. (b) The program expenditures may include: (1) Grants to develop and implement programs to provide direct incentives to local governments, for-profit entities, and nonprofit entities to enhance collection, transportation, and processing related to further encourage Tennessee end-markets for waste tires; (2) Grants, subsidies, or loans to encourage research, technologies, or processes for waste tire management, the use of tires as alternative fuels, or the use of tires in innovative infrastructure developments; (3) Creation of a database and operation of an interactive information clearinghouse; (4) Expenses of administering the tire environmental program; and (5) Market development services. (c) Program expenditures shall be reported to the office of legislative budget analysis and the chair of the transportation and safety committee of the senate, chair of the transportation committee of the house of representatives, and the chairs of the finance, ways and means committees of the senate and house of representatives on an annual basis. Amended by 2020 Tenn. Acts, ch. 593, s 2, eff. 3/20/2020. Added by 2015 Tenn. Acts, ch. 525, s 1, eff. 10/1/2015.
(a) The department of environment and conservation shall administer a tire environmental program with moneys available from the fund as appropriated by the general assembly.
(b) The program expenditures may include: (1) Grants to develop and implement programs to provide direct incentives to local governments, for-profit entities, and nonprofit entities to enhance collection, transportation, and processing related to further encourage Tennessee end-markets for waste tires; (2) Grants, subsidies, or loans to encourage research, technologies, or processes for waste tire management, the use of tires as alternative fuels, or the use of tires in innovative infrastructure developments; (3) Creation of a database and operation of an interactive information clearinghouse; (4) Expenses of administering the tire environmental program; and (5) Market development services.
(1) Grants to develop and implement programs to provide direct incentives to local governments, for-profit entities, and nonprofit entities to enhance collection, transportation, and processing related to further encourage Tennessee end-markets for waste tires;
(2) Grants, subsidies, or loans to encourage research, technologies, or processes for waste tire management, the use of tires as alternative fuels, or the use of tires in innovative infrastructure developments;
(3) Creation of a database and operation of an interactive information clearinghouse;
(4) Expenses of administering the tire environmental program; and
(5) Market development services.
(c) Program expenditures shall be reported to the office of legislative budget analysis and the chair of the transportation and safety committee of the senate, chair of the transportation committee of the house of representatives, and the chairs of the finance, ways and means committees of the senate and house of representatives on an annual basis.
Amended by 2020 Tenn. Acts, ch. 593, s 2, eff. 3/20/2020.
Added by 2015 Tenn. Acts, ch. 525, s 1, eff. 10/1/2015.
Tenn. Code Ann. § 68-204-108 — TN Code / Title 68 / Chapter 204 / Section 68-204-108
Comprehensive reports
Status: in_force

(a) The council shall compile, compose, and publish, and transmit to the governor, the speaker of the senate, and the speaker of the house of representatives, two (2) annual comprehensive reports as follows: (1) An annual assessment of the state's energy sector as prescribed in § 68-204-103(b)(1) , to be facilitated by the Howard H. Baker Jr. Center for Public Policy at the University of Tennessee; and (2) A report to create a comprehensive state energy policy plan as prescribed in § 68-204-103(b)(2) . (b) The annual assessment of the state's energy sector, as prescribed in subdivision (a)(1), shall include, but not be limited to, the following: (1) The statewide projected growth and development as it relates to future requirements for energy, including patterns of urban and metropolitan expansion, shifts in transportation modes, modifications in building types and design, and other trends and factors which, as determined by the council, will significantly affect energy needs; and (2) An assessment of growth trends in energy consumption and production, and an identification of potential adverse social, economic, or environmental impacts which may be imposed by a continuation of the present trends, including a rise in energy costs to consumers, significant increases in air, water, and other forms of pollution, threats to public health and safety, and a loss of scenic and natural areas. (c) The comprehensive state energy policy plan, as prescribed in subdivision (a)(2) shall include, but not be limited to, the following: (1) Recommendations to the governor and the general assembly for additional administrative and legislative actions on energy matters in the context of the current energy sector in this state; and (2) A summary of the council's activities since the last filing of the energy policy plan, a description of major plans developed by the council, an assessment of plan implementation, and a review of council plans and programs for the coming biennium. Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
(a) The council shall compile, compose, and publish, and transmit to the governor, the speaker of the senate, and the speaker of the house of representatives, two (2) annual comprehensive reports as follows: (1) An annual assessment of the state's energy sector as prescribed in § 68-204-103(b)(1) , to be facilitated by the Howard H. Baker Jr. Center for Public Policy at the University of Tennessee; and (2) A report to create a comprehensive state energy policy plan as prescribed in § 68-204-103(b)(2) .
(1) An annual assessment of the state's energy sector as prescribed in § 68-204-103(b)(1) , to be facilitated by the Howard H. Baker Jr. Center for Public Policy at the University of Tennessee; and
(2) A report to create a comprehensive state energy policy plan as prescribed in § 68-204-103(b)(2) .
(b) The annual assessment of the state's energy sector, as prescribed in subdivision (a)(1), shall include, but not be limited to, the following: (1) The statewide projected growth and development as it relates to future requirements for energy, including patterns of urban and metropolitan expansion, shifts in transportation modes, modifications in building types and design, and other trends and factors which, as determined by the council, will significantly affect energy needs; and (2) An assessment of growth trends in energy consumption and production, and an identification of potential adverse social, economic, or environmental impacts which may be imposed by a continuation of the present trends, including a rise in energy costs to consumers, significant increases in air, water, and other forms of pollution, threats to public health and safety, and a loss of scenic and natural areas.
(1) The statewide projected growth and development as it relates to future requirements for energy, including patterns of urban and metropolitan expansion, shifts in transportation modes, modifications in building types and design, and other trends and factors which, as determined by the council, will significantly affect energy needs; and
(2) An assessment of growth trends in energy consumption and production, and an identification of potential adverse social, economic, or environmental impacts which may be imposed by a continuation of the present trends, including a rise in energy costs to consumers, significant increases in air, water, and other forms of pollution, threats to public health and safety, and a loss of scenic and natural areas.
(c) The comprehensive state energy policy plan, as prescribed in subdivision (a)(2) shall include, but not be limited to, the following: (1) Recommendations to the governor and the general assembly for additional administrative and legislative actions on energy matters in the context of the current energy sector in this state; and (2) A summary of the council's activities since the last filing of the energy policy plan, a description of major plans developed by the council, an assessment of plan implementation, and a review of council plans and programs for the coming biennium.
(1) Recommendations to the governor and the general assembly for additional administrative and legislative actions on energy matters in the context of the current energy sector in this state; and
(2) A summary of the council's activities since the last filing of the energy policy plan, a description of major plans developed by the council, an assessment of plan implementation, and a review of council plans and programs for the coming biennium.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-202-101 — TN Code / Title 68 / Chapter 202 / Section 68-202-101
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation; (2) "By-product material" means any radioactive materials, except special nuclear materials, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear materials; (3) "Production facility" means: (A) Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (B) Any important component part especially designed for such equipment or device. (4) "Radiation" means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared, or ultraviolet light; (5) "Source material" means any material other than special nuclear material which contains by weight one-twentieth of one percent (0.05%) or more of: (A) Uranium; (B) Thorium; or (C) Any combination thereof; (6) "Special nuclear material" means: (A) Plutonium and uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States atomic energy commission has determined the material to be such; or (B) Any material artificially enriched by any of the foregoing; and (7) "Utilization facility" means: (A) Any equipment or device, except an atomic weapon, capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (B) Any important component part especially designed for such equipment or device. Acts 1957, ch. 324, § 2; 1961, ch. 10, § 1; T.C.A., §§ 53-3101, 68-23-101.
As used in this part, unless the context otherwise requires:
(1) "Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation;
(2) "By-product material" means any radioactive materials, except special nuclear materials, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear materials;
(3) "Production facility" means: (A) Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (B) Any important component part especially designed for such equipment or device.
(A) Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or
(B) Any important component part especially designed for such equipment or device.
(4) "Radiation" means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared, or ultraviolet light;
(5) "Source material" means any material other than special nuclear material which contains by weight one-twentieth of one percent (0.05%) or more of: (A) Uranium; (B) Thorium; or (C) Any combination thereof;
(A) Uranium;
(B) Thorium; or
(C) Any combination thereof;
(6) "Special nuclear material" means: (A) Plutonium and uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States atomic energy commission has determined the material to be such; or (B) Any material artificially enriched by any of the foregoing; and
(A) Plutonium and uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States atomic energy commission has determined the material to be such; or
(B) Any material artificially enriched by any of the foregoing; and
(7) "Utilization facility" means: (A) Any equipment or device, except an atomic weapon, capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (B) Any important component part especially designed for such equipment or device.
(A) Any equipment or device, except an atomic weapon, capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or
(B) Any important component part especially designed for such equipment or device.
Acts 1957, ch. 324, § 2; 1961, ch. 10, § 1; T.C.A., §§ 53-3101, 68-23-101.
Tenn. Code Ann. § 68-217-104 — TN Code / Title 68 / Chapter 217 / Section 68-217-104
Creation of program - Advisory committee
Status: in_force

(a) The drycleaner environmental response program is created within the department, in the division of remediation. (b) From time to time the commissioner may appoint a drycleaners advisory committee that shall advise the commissioner on matters related to the drycleaner environmental response program, including, but not limited to, proposed rules and changes to fees. The commissioner may determine the identity and number of committee members and the term during which the committee will operate. When appointing members the commissioner shall consider the nature of the issues that are relevant to the charge given to the committee. The commissioner shall appoint persons from affected interests, which may include large and small drycleaners, facilities that use or have used dense non-aqueous solvent, facilities that use or have only used light non-aqueous solvent, property owners where drycleaners are located, and environmental interests. No member of the committee is entitled to a salary for duties performed as a member of the committee and no member of the committee is entitled to reimbursement for travel or other expenses incurred in the performance of the member's official duties. Amended by 2014 Tenn. Acts, ch. 976,s 2, eff. 5/22/2014. Acts 1995, ch. 541, § 4; 1996, ch. 860, § 3.
(a) The drycleaner environmental response program is created within the department, in the division of remediation.
(b) From time to time the commissioner may appoint a drycleaners advisory committee that shall advise the commissioner on matters related to the drycleaner environmental response program, including, but not limited to, proposed rules and changes to fees. The commissioner may determine the identity and number of committee members and the term during which the committee will operate. When appointing members the commissioner shall consider the nature of the issues that are relevant to the charge given to the committee. The commissioner shall appoint persons from affected interests, which may include large and small drycleaners, facilities that use or have used dense non-aqueous solvent, facilities that use or have only used light non-aqueous solvent, property owners where drycleaners are located, and environmental interests. No member of the committee is entitled to a salary for duties performed as a member of the committee and no member of the committee is entitled to reimbursement for travel or other expenses incurred in the performance of the member's official duties.
Amended by 2014 Tenn. Acts, ch. 976,s 2, eff. 5/22/2014.
Acts 1995, ch. 541, § 4; 1996, ch. 860, § 3.
Tenn. Code Ann. § 68-204-110 — TN Code / Title 68 / Chapter 204 / Section 68-204-110
Relation to Energy Efficient Schools lnitiative (EESI)
Status: in_force

(a) Nothing in this chapter amends or repeals in any manner the Energy Efficient Schools Initiative (EESI) of 2008, compiled in title 49, chapter 17, or other provisions of law relating to the energy efficient schools council and its powers, duties, and functions. (b) Nothing in this chapter applies to the powers, duties, and functions undertaken pursuant to the authority of the Energy Efficient Schools Initiative (EESI) of 2008. Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
(a) Nothing in this chapter amends or repeals in any manner the Energy Efficient Schools Initiative (EESI) of 2008, compiled in title 49, chapter 17, or other provisions of law relating to the energy efficient schools council and its powers, duties, and functions.
(b) Nothing in this chapter applies to the powers, duties, and functions undertaken pursuant to the authority of the Energy Efficient Schools Initiative (EESI) of 2008.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-202-503 — TN Code / Title 68 / Chapter 202 / Section 68-202-503
Inspection of machines
Status: in_force

(a) All radiation machines required to be registered as provided in this part shall be inspected on the following basis: CLASS I - Once every four (4) years CLASS II and V - Once every two (2) years CLASS III, IV, VI, and VII - Annually. (b) Registrants obtaining the services of a qualified individual for inspections pursuant to this part shall pay a fee of eighteen percent (18%) of the fee established pursuant to chapter 203 of this title; provided, that an inspection is performed by a qualified individual and the inspection and the inspection report meet the requirements of the department's rules and the report is filed within sixty (60) days of the inspection. Such reduction shall not apply to any initial certified registration review fee. Such inspections by a qualified individual may be accepted by the department as the required inspection; however, such inspection shall be subject to a random survey inspection by the department for maintaining quality assurance or enforcement action. The department will develop a protocol for Class II inspections performed by the department to take into consideration requested or restricted hours for such inspection when such information is provided in writing to the department at the time of annual registration. (c) For the purposes of this part, a "qualified individual" is one who has demonstrated to the satisfaction of the department that such individual possesses the knowledge and training to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs. (d) X-ray machines owned and used by public safety agencies of any county, city, municipality or any area operating under a metropolitan form of government shall be registered and inspected by the department according to this part, but shall not be required to pay any fee. Acts 1982, ch. 946, § 4; T.C.A., § 53-3353; Acts 1988, ch. 692, § 1; T.C.A., § 68-23-503; Acts 2002, ch. 755, §§ 1, 2.
(a) All radiation machines required to be registered as provided in this part shall be inspected on the following basis: CLASS I - Once every four (4) years CLASS II and V - Once every two (2) years CLASS III, IV, VI, and VII - Annually.
CLASS I - Once every four (4) years
CLASS II and V - Once every two (2) years
CLASS III, IV, VI, and VII - Annually.
(b) Registrants obtaining the services of a qualified individual for inspections pursuant to this part shall pay a fee of eighteen percent (18%) of the fee established pursuant to chapter 203 of this title; provided, that an inspection is performed by a qualified individual and the inspection and the inspection report meet the requirements of the department's rules and the report is filed within sixty (60) days of the inspection. Such reduction shall not apply to any initial certified registration review fee. Such inspections by a qualified individual may be accepted by the department as the required inspection; however, such inspection shall be subject to a random survey inspection by the department for maintaining quality assurance or enforcement action. The department will develop a protocol for Class II inspections performed by the department to take into consideration requested or restricted hours for such inspection when such information is provided in writing to the department at the time of annual registration.
(c) For the purposes of this part, a "qualified individual" is one who has demonstrated to the satisfaction of the department that such individual possesses the knowledge and training to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs.
(d) X-ray machines owned and used by public safety agencies of any county, city, municipality or any area operating under a metropolitan form of government shall be registered and inspected by the department according to this part, but shall not be required to pay any fee.
Acts 1982, ch. 946, § 4; T.C.A., § 53-3353; Acts 1988, ch. 692, § 1; T.C.A., § 68-23-503; Acts 2002, ch. 755, §§ 1, 2.
Tenn. Code Ann. § 68-211-861 — TN Code / Title 68 / Chapter 211 / Section 68-211-861
[For contingent amendment, see the Compiler's Notes.] State waste reduction and diversion goal - Credit - Basis for goal - Sanction for failure to meet goal - Rule promoting recycling and waste reduction
Status: in_force

(a) [For contingent amendment, see the Compiler's Notes.] The goal of the state is to reduce by twenty-five percent (25%) the amount of solid waste disposed of at Class I municipal solid waste disposal facilities and incinerators, measured on a per capita basis within Tennessee by weight. As an alternative to calculating the waste reduction and diversion goal on a per capita basis, regions shall have the option of calculating the goal on an economic growth basis using the method prescribed by the department and approved by the underground storage tanks and solid waste disposal control board. The goal shall also apply to each municipal solid waste region; provided, that the goal shall not apply to individual disposal facilities or incinerators. The base year from which reductions are to be measured is 1995, unless a region can demonstrate that 1995 data is clearly in error. The method of calculating goals based on economic growth using the method prescribed by the department and approved by the underground storage tanks and solid waste disposal control board shall be promulgated as a rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) [For contingent amendment, see the Compiler's Notes.] If a region does not meet the twenty-five percent (25%) waste reduction and diversion goal, then the department will objectively assess the activities and expenditures of the region and the local governments in the region to determine whether the region's program is qualitatively equivalent to other regions that meet the goal and whether the failure is due to factors beyond the control of the region. This qualitative assessment method shall be developed by the department and approved by the underground storage tanks and solid waste disposal control board. The qualitative assessment method prescribed by the department and approved by the underground storage tanks and solid waste disposal control board shall be promulgated as a rule in accordance with the Uniform Administrative Procedures Act. (c) [For contingent amendment, see the Compiler's Notes.] (1) A county or region may receive credit toward the waste reduction and diversion goal established by this section for documented reductions from recycling and source reduction programs prior to 1995, but no earlier than 1985. (2) (A) As used in this subdivision (c)(2): (i) "Aluminum cans" means aluminum beverage cans, aluminum food cans, and aluminum bottles; and (ii) "Plastic bottles" means recyclable plastic beverage containers that have a neck smaller than the body of the container. (B) Any region shall be permitted to multiply by three (3) the gross weight of any aluminum cans and plastic bottles that are diverted from Class I municipal solid waste disposal facilities and incinerators located within the geographic area encompassed by the region for purposes of calculating the total percentage waste reduction and diversion that the region has achieved. (d) [For contingent amendment, see the Compiler's Notes.] The twenty-five percent (25%) goal pertains only to facilities which accept municipal solid waste for disposal or incineration. Measurements of waste are to be based on the amount of waste entering a disposal facility prior to combustion or landfilling. Measurements of waste disposed of shall not include materials that are recovered or collected for recycling. The department shall issue guidelines concerning, and promulgate by rule, a method for calculating source reduction and recycling. (e) [For contingent amendment, see the Compiler's Notes.] Failure of the region either to meet the twenty-five percent (25%) waste reduction and diversion goal, or to receive a favorable qualitative assessment of its activities by the department pursuant to subsection (b), may subject the offending counties and municipalities, including any solid waste authority created by such counties and municipalities, to sanctions in the same manner as a region may receive sanctions pursuant to § 68-211-816 . In the event the failure of a region to meet its waste reduction and diversion goals is due to the failure of less than all of the constituent counties or municipalities of the region, the commissioner may apply sanctions only to the counties, municipalities or solid waste authorities that have caused the failure. (f) [For contingent amendment, see the Compiler's Notes.] A county or region has the flexibility to design its own plan and methods which take into account local conditions for attaining the waste reduction and diversion goal set by this section. This plan shall be included as a part of the county or regional plan required by § 68-211-814 . (g) The general assembly recognizes that the ways in which solid waste is generated and managed are very dynamic. The opportunities for recycling and for reduction of waste generated change with both market factors and technological developments. These in turn, affect the costs of solid waste management and recycling. Also, there are many factors that change the feasibility of different approaches among the counties. In addition to population and amount of commercial and industrial activity, these include proximity to markets for recyclable materials and the solid waste activities of municipalities. In order to better address all of these changing circumstances, the underground storage tanks and solid waste disposal control board is authorized to adopt a rule promoting recycling and waste reduction. In so doing, the board shall consider the use of incentives, disincentives, public education, costs and benefits of recycling, and the widely varying circumstances of the different solid waste regions. Upon the effective date of the rule, subsections (a)-(f) shall be repealed and of no further force and effect and the rule shall be enforceable according to its terms and in accordance with § 68-211-816 . Amended by 2013 Tenn. Acts, ch. 421, s 1, eff. 5/16/2013. Acts 1991, ch. 451, § 25; T.C.A., § 68-31-861; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 36; 1999, ch. 384, § 6; 2007 , ch. 462, § 13.
(a) [For contingent amendment, see the Compiler's Notes.] The goal of the state is to reduce by twenty-five percent (25%) the amount of solid waste disposed of at Class I municipal solid waste disposal facilities and incinerators, measured on a per capita basis within Tennessee by weight. As an alternative to calculating the waste reduction and diversion goal on a per capita basis, regions shall have the option of calculating the goal on an economic growth basis using the method prescribed by the department and approved by the underground storage tanks and solid waste disposal control board. The goal shall also apply to each municipal solid waste region; provided, that the goal shall not apply to individual disposal facilities or incinerators. The base year from which reductions are to be measured is 1995, unless a region can demonstrate that 1995 data is clearly in error. The method of calculating goals based on economic growth using the method prescribed by the department and approved by the underground storage tanks and solid waste disposal control board shall be promulgated as a rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) [For contingent amendment, see the Compiler's Notes.] If a region does not meet the twenty-five percent (25%) waste reduction and diversion goal, then the department will objectively assess the activities and expenditures of the region and the local governments in the region to determine whether the region's program is qualitatively equivalent to other regions that meet the goal and whether the failure is due to factors beyond the control of the region. This qualitative assessment method shall be developed by the department and approved by the underground storage tanks and solid waste disposal control board. The qualitative assessment method prescribed by the department and approved by the underground storage tanks and solid waste disposal control board shall be promulgated as a rule in accordance with the Uniform Administrative Procedures Act.
(c) [For contingent amendment, see the Compiler's Notes.] (1) A county or region may receive credit toward the waste reduction and diversion goal established by this section for documented reductions from recycling and source reduction programs prior to 1995, but no earlier than 1985. (2) (A) As used in this subdivision (c)(2): (i) "Aluminum cans" means aluminum beverage cans, aluminum food cans, and aluminum bottles; and (ii) "Plastic bottles" means recyclable plastic beverage containers that have a neck smaller than the body of the container. (B) Any region shall be permitted to multiply by three (3) the gross weight of any aluminum cans and plastic bottles that are diverted from Class I municipal solid waste disposal facilities and incinerators located within the geographic area encompassed by the region for purposes of calculating the total percentage waste reduction and diversion that the region has achieved.
(1) A county or region may receive credit toward the waste reduction and diversion goal established by this section for documented reductions from recycling and source reduction programs prior to 1995, but no earlier than 1985.
(2) (A) As used in this subdivision (c)(2): (i) "Aluminum cans" means aluminum beverage cans, aluminum food cans, and aluminum bottles; and (ii) "Plastic bottles" means recyclable plastic beverage containers that have a neck smaller than the body of the container. (B) Any region shall be permitted to multiply by three (3) the gross weight of any aluminum cans and plastic bottles that are diverted from Class I municipal solid waste disposal facilities and incinerators located within the geographic area encompassed by the region for purposes of calculating the total percentage waste reduction and diversion that the region has achieved.
(A) As used in this subdivision (c)(2): (i) "Aluminum cans" means aluminum beverage cans, aluminum food cans, and aluminum bottles; and (ii) "Plastic bottles" means recyclable plastic beverage containers that have a neck smaller than the body of the container.
(i) "Aluminum cans" means aluminum beverage cans, aluminum food cans, and aluminum bottles; and
(ii) "Plastic bottles" means recyclable plastic beverage containers that have a neck smaller than the body of the container.
(B) Any region shall be permitted to multiply by three (3) the gross weight of any aluminum cans and plastic bottles that are diverted from Class I municipal solid waste disposal facilities and incinerators located within the geographic area encompassed by the region for purposes of calculating the total percentage waste reduction and diversion that the region has achieved.
(d) [For contingent amendment, see the Compiler's Notes.] The twenty-five percent (25%) goal pertains only to facilities which accept municipal solid waste for disposal or incineration. Measurements of waste are to be based on the amount of waste entering a disposal facility prior to combustion or landfilling. Measurements of waste disposed of shall not include materials that are recovered or collected for recycling. The department shall issue guidelines concerning, and promulgate by rule, a method for calculating source reduction and recycling.
(e) [For contingent amendment, see the Compiler's Notes.] Failure of the region either to meet the twenty-five percent (25%) waste reduction and diversion goal, or to receive a favorable qualitative assessment of its activities by the department pursuant to subsection (b), may subject the offending counties and municipalities, including any solid waste authority created by such counties and municipalities, to sanctions in the same manner as a region may receive sanctions pursuant to § 68-211-816 . In the event the failure of a region to meet its waste reduction and diversion goals is due to the failure of less than all of the constituent counties or municipalities of the region, the commissioner may apply sanctions only to the counties, municipalities or solid waste authorities that have caused the failure.
(f) [For contingent amendment, see the Compiler's Notes.] A county or region has the flexibility to design its own plan and methods which take into account local conditions for attaining the waste reduction and diversion goal set by this section. This plan shall be included as a part of the county or regional plan required by § 68-211-814 .
(g) The general assembly recognizes that the ways in which solid waste is generated and managed are very dynamic. The opportunities for recycling and for reduction of waste generated change with both market factors and technological developments. These in turn, affect the costs of solid waste management and recycling. Also, there are many factors that change the feasibility of different approaches among the counties. In addition to population and amount of commercial and industrial activity, these include proximity to markets for recyclable materials and the solid waste activities of municipalities. In order to better address all of these changing circumstances, the underground storage tanks and solid waste disposal control board is authorized to adopt a rule promoting recycling and waste reduction. In so doing, the board shall consider the use of incentives, disincentives, public education, costs and benefits of recycling, and the widely varying circumstances of the different solid waste regions. Upon the effective date of the rule, subsections (a)-(f) shall be repealed and of no further force and effect and the rule shall be enforceable according to its terms and in accordance with § 68-211-816 .
Amended by 2013 Tenn. Acts, ch. 421, s 1, eff. 5/16/2013.
Acts 1991, ch. 451, § 25; T.C.A., § 68-31-861; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 36; 1999, ch. 384, § 6; 2007 , ch. 462, § 13.
Tenn. Code Ann. § 68-217-112 — TN Code / Title 68 / Chapter 217 / Section 68-217-112
Construction with Hazardous Waste Management Act
Status: in_force

To the extent that the provisions of this chapter are in conflict with, or differ from, the provisions of § 68-212-202 and chapter 212, part 4 of this title, with regard to the obligations or rights of a holder of a security interest under such provisions, the latter provisions shall take priority and control. Acts 1995, ch. 541, § 14.
To the extent that the provisions of this chapter are in conflict with, or differ from, the provisions of § 68-212-202 and chapter 212, part 4 of this title, with regard to the obligations or rights of a holder of a security interest under such provisions, the latter provisions shall take priority and control.
Acts 1995, ch. 541, § 14.
Tenn. Code Ann. § 68-201-114 — TN Code / Title 68 / Chapter 201 / Section 68-201-114
Intent of remedies - Rights of action unaffected
Status: in_force

The remedies provided for in this part are intended to provide additional and cumulative remedies to prevent, abate and control air pollution in this state. Nothing in this part shall be construed to abridge or alter any rights of action, civil or criminal, arising from statute, common law or equity. Acts 1967, ch. 367, § 14; T.C.A., § 53-3421; Acts 1984, ch. 788, § 11; T.C.A., § 68-25-114.
The remedies provided for in this part are intended to provide additional and cumulative remedies to prevent, abate and control air pollution in this state. Nothing in this part shall be construed to abridge or alter any rights of action, civil or criminal, arising from statute, common law or equity.
Acts 1967, ch. 367, § 14; T.C.A., § 53-3421; Acts 1984, ch. 788, § 11; T.C.A., § 68-25-114.
Tenn. Code Ann. § 68-215-202 — TN Code / Title 68 / Chapter 215 / Section 68-215-202
Ownership of petroleum site or petroleum underground storage tank or property on which a petroleum site or petroleum underground storage tank is located
Status: in_force

A holder is not an "owner" of a petroleum site or a petroleum underground storage tank or UST system, for purposes of compliance with the underground storage tank technical standards, corrective action requirements and financial responsibility requirements; provided, that party does not participate in the management of the petroleum underground storage tank as defined in this part and does not engage in petroleum production, refining and marketing. Acts 1996, ch. 733, § 3.
A holder is not an "owner" of a petroleum site or a petroleum underground storage tank or UST system, for purposes of compliance with the underground storage tank technical standards, corrective action requirements and financial responsibility requirements; provided, that party does not participate in the management of the petroleum underground storage tank as defined in this part and does not engage in petroleum production, refining and marketing.
Acts 1996, ch. 733, § 3.
Tenn. Code Ann. § 68-212-205 — TN Code / Title 68 / Chapter 212 / Section 68-212-205
Uses of fund
Status: in_force

(a) The fund shall be available to the board and the commissioner for the purposes of identifying and investigating inactive hazardous substance sites for consideration for placement on the list described in § 68-212-206(e) , and for investigating and reasonably and safely containing, cleaning up, monitoring and maintaining such sites as provided in this part and as set forth in § 68-212-224 . (b) The commissioner may enter into such contracts and use the fund for those purposes directly associated with identification, investigation, containment and cleanup, including monitoring and maintenance prescribed above, including: (1) Hiring of consultants and personnel; (2) Purchase, lease or rental of necessary equipment; and/or (3) Other necessary expenses. (c) Such fund may also be used for matching the funds of any federal agency, pursuant to § 104(c) of Public Law 96-510 ( 42 U.S.C. § 9604 ), to enable the state to receive federal funds to clean up hazardous substance sites, or providing for state financed clean up. (d) (1) Such fund may also be used for any of the following activities: (A) Provide free, voluntary, confidential, on-site technical assistance to hazardous waste generators to assist them in evaluating their hazardous waste generation and to identify opportunities to reduce generation of hazardous waste and to recycle and reuse that which is generated; (B) Promote all aspects of the state's waste reduction and pollution prevention program; (C) Operate the waste reduction information clearinghouse, utilizing existing clearinghouses as much as possible, to provide free information to Tennessee hazardous waste generators about proven measures to reduce hazardous waste generation; (D) Coordinate an annual governor's award program for companies utilizing innovative and exemplary approaches to reducing hazardous waste generation; (E) Conduct training sessions and workshops and publish reports targeted toward specific segments of industry and business in Tennessee to transfer information concerning hazardous waste reduction measures; (F) Prepare an annual report to the general assembly; (G) Accept, receive and administer grants, gifts or other funds made available from any source for the purposes of this part; (H) Provide grants, not to exceed one hundred thousand dollars ($100,000) in the aggregate for any single fiscal year, to generators of hazardous waste to provide seed money to encourage firms to adopt and adapt to more appropriate technologies that provide for a reduction or better treatment of hazardous waste; (I) Notwithstanding subsection (b), provide research grants in the aggregate amount not to exceed one hundred thousand dollars ($100,000) annually to encourage the development of new technology for the reduction or better treatment of hazardous waste; and (J) Review waste reduction plans prepared pursuant to this chapter. (2) Grants made pursuant to this subsection (d) shall be made on a competitive basis with appropriate criteria for such competition to be established by the commissioner. Such grants shall only be made from interest accruing on investments and deposits of the fund. Acts 1983, ch. 423, § 5; 1986, ch. 644, § 12; 1988, ch. 578, § 4; 1990, ch. 754, §§ 13, 14; T.C.A., § 68-46-205; Acts 1994, ch. 890, § 6; 1995, ch. 394, § 5.
(a) The fund shall be available to the board and the commissioner for the purposes of identifying and investigating inactive hazardous substance sites for consideration for placement on the list described in § 68-212-206(e) , and for investigating and reasonably and safely containing, cleaning up, monitoring and maintaining such sites as provided in this part and as set forth in § 68-212-224 .
(b) The commissioner may enter into such contracts and use the fund for those purposes directly associated with identification, investigation, containment and cleanup, including monitoring and maintenance prescribed above, including: (1) Hiring of consultants and personnel; (2) Purchase, lease or rental of necessary equipment; and/or (3) Other necessary expenses.
(1) Hiring of consultants and personnel;
(2) Purchase, lease or rental of necessary equipment; and/or
(3) Other necessary expenses.
(c) Such fund may also be used for matching the funds of any federal agency, pursuant to § 104(c) of Public Law 96-510 ( 42 U.S.C. § 9604 ), to enable the state to receive federal funds to clean up hazardous substance sites, or providing for state financed clean up.
(d) (1) Such fund may also be used for any of the following activities: (A) Provide free, voluntary, confidential, on-site technical assistance to hazardous waste generators to assist them in evaluating their hazardous waste generation and to identify opportunities to reduce generation of hazardous waste and to recycle and reuse that which is generated; (B) Promote all aspects of the state's waste reduction and pollution prevention program; (C) Operate the waste reduction information clearinghouse, utilizing existing clearinghouses as much as possible, to provide free information to Tennessee hazardous waste generators about proven measures to reduce hazardous waste generation; (D) Coordinate an annual governor's award program for companies utilizing innovative and exemplary approaches to reducing hazardous waste generation; (E) Conduct training sessions and workshops and publish reports targeted toward specific segments of industry and business in Tennessee to transfer information concerning hazardous waste reduction measures; (F) Prepare an annual report to the general assembly; (G) Accept, receive and administer grants, gifts or other funds made available from any source for the purposes of this part; (H) Provide grants, not to exceed one hundred thousand dollars ($100,000) in the aggregate for any single fiscal year, to generators of hazardous waste to provide seed money to encourage firms to adopt and adapt to more appropriate technologies that provide for a reduction or better treatment of hazardous waste; (I) Notwithstanding subsection (b), provide research grants in the aggregate amount not to exceed one hundred thousand dollars ($100,000) annually to encourage the development of new technology for the reduction or better treatment of hazardous waste; and (J) Review waste reduction plans prepared pursuant to this chapter. (2) Grants made pursuant to this subsection (d) shall be made on a competitive basis with appropriate criteria for such competition to be established by the commissioner. Such grants shall only be made from interest accruing on investments and deposits of the fund.
(1) Such fund may also be used for any of the following activities: (A) Provide free, voluntary, confidential, on-site technical assistance to hazardous waste generators to assist them in evaluating their hazardous waste generation and to identify opportunities to reduce generation of hazardous waste and to recycle and reuse that which is generated; (B) Promote all aspects of the state's waste reduction and pollution prevention program; (C) Operate the waste reduction information clearinghouse, utilizing existing clearinghouses as much as possible, to provide free information to Tennessee hazardous waste generators about proven measures to reduce hazardous waste generation; (D) Coordinate an annual governor's award program for companies utilizing innovative and exemplary approaches to reducing hazardous waste generation; (E) Conduct training sessions and workshops and publish reports targeted toward specific segments of industry and business in Tennessee to transfer information concerning hazardous waste reduction measures; (F) Prepare an annual report to the general assembly; (G) Accept, receive and administer grants, gifts or other funds made available from any source for the purposes of this part; (H) Provide grants, not to exceed one hundred thousand dollars ($100,000) in the aggregate for any single fiscal year, to generators of hazardous waste to provide seed money to encourage firms to adopt and adapt to more appropriate technologies that provide for a reduction or better treatment of hazardous waste; (I) Notwithstanding subsection (b), provide research grants in the aggregate amount not to exceed one hundred thousand dollars ($100,000) annually to encourage the development of new technology for the reduction or better treatment of hazardous waste; and (J) Review waste reduction plans prepared pursuant to this chapter.
(A) Provide free, voluntary, confidential, on-site technical assistance to hazardous waste generators to assist them in evaluating their hazardous waste generation and to identify opportunities to reduce generation of hazardous waste and to recycle and reuse that which is generated;
(B) Promote all aspects of the state's waste reduction and pollution prevention program;
(C) Operate the waste reduction information clearinghouse, utilizing existing clearinghouses as much as possible, to provide free information to Tennessee hazardous waste generators about proven measures to reduce hazardous waste generation;
(D) Coordinate an annual governor's award program for companies utilizing innovative and exemplary approaches to reducing hazardous waste generation;
(E) Conduct training sessions and workshops and publish reports targeted toward specific segments of industry and business in Tennessee to transfer information concerning hazardous waste reduction measures;
(F) Prepare an annual report to the general assembly;
(G) Accept, receive and administer grants, gifts or other funds made available from any source for the purposes of this part;
(H) Provide grants, not to exceed one hundred thousand dollars ($100,000) in the aggregate for any single fiscal year, to generators of hazardous waste to provide seed money to encourage firms to adopt and adapt to more appropriate technologies that provide for a reduction or better treatment of hazardous waste;
(I) Notwithstanding subsection (b), provide research grants in the aggregate amount not to exceed one hundred thousand dollars ($100,000) annually to encourage the development of new technology for the reduction or better treatment of hazardous waste; and
(J) Review waste reduction plans prepared pursuant to this chapter.
(2) Grants made pursuant to this subsection (d) shall be made on a competitive basis with appropriate criteria for such competition to be established by the commissioner. Such grants shall only be made from interest accruing on investments and deposits of the fund.
Acts 1983, ch. 423, § 5; 1986, ch. 644, § 12; 1988, ch. 578, § 4; 1990, ch. 754, §§ 13, 14; T.C.A., § 68-46-205; Acts 1994, ch. 890, § 6; 1995, ch. 394, § 5.
Tenn. Code Ann. § 68-211-103 — TN Code / Title 68 / Chapter 211 / Section 68-211-103
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Baled waste" means all waste that has been mechanically compacted to achieve high density per unit volume and strapped to retain its form as a bale. Not included is compaction which has occurred only in collection vehicles as an incidental part of the wastes collected from individual generators and stationary or self-contained compactors which compact waste but do not produce a strapped bale unit; (2) "Board" means, unless otherwise indicated, the underground storage tanks and solid waste disposal control board created in § 68-211-111 ; (3) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative; (4) "Department" means the department of environment and conservation; (5) "Health officer" means the director of a city, county, or district health department having jurisdiction over the community health in a specific area, or the director's authorized representative; (6) "Person" means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government; (7) "Registration" means a process by which a solid waste disposal or processing operation is granted a permit to operate. In this part, the words "registration" and "permit" are synonymous and may be used interchangeably; (8) (A) "Solid waste" means garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. Solid waste includes, without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal; (B) "Solid waste" does not include: (i) Solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 ); (ii) Steel slag or mill scale that is an intended output or intended result of the use of an electric arc furnace to make steel; provided, that such steel slag or mill scale is sold and distributed in the stream of commerce for consumption, use, or further processing into another desired commodity and is managed as an item of commercial value in a controlled manner and not as a discarded material or in a manner constituting disposal; or (iii) Except to the extent inconsistent with applicable federal law, soil is not discarded material constituting waste as long as the soil is intended for use or reuse as soil; (9) "Solid waste disposal" means the process of permanently or indefinitely placing, confining, compacting, or covering solid waste; and (10) "Solid waste processing" means any process that modifies the characteristics or properties of solid waste, including, but not limited to, treatment, incineration, composting, separation, grinding, shredding, and volume reduction; provided, that it does not include the grinding or shredding of landscaping or land clearing wastes or unpainted, unstained, and untreated wood into mulch or other useful products. Amended by 2020 Tenn. Acts, ch. 712, s 1, eff. 10/1/2020. Amended by 2014 Tenn. Acts, ch. 563, s 1, eff. 3/21/2014. Acts 1969, ch. 295, § 3; 1975, ch. 109, § 1; 1980, ch. 662, § 1; 1980, ch. 899, § 1; T.C.A., § 53-4303; Acts 1983, ch. 226, § 4; 1991, ch. 451, § 6; T.C.A., § 68-31-103; Acts 2000, ch. 904, § 2; 2001, ch. 387, § 2; 2001, ch. 449, § 11.
As used in this part, unless the context otherwise requires:
(1) "Baled waste" means all waste that has been mechanically compacted to achieve high density per unit volume and strapped to retain its form as a bale. Not included is compaction which has occurred only in collection vehicles as an incidental part of the wastes collected from individual generators and stationary or self-contained compactors which compact waste but do not produce a strapped bale unit;
(2) "Board" means, unless otherwise indicated, the underground storage tanks and solid waste disposal control board created in § 68-211-111 ;
(3) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative;
(4) "Department" means the department of environment and conservation;
(5) "Health officer" means the director of a city, county, or district health department having jurisdiction over the community health in a specific area, or the director's authorized representative;
(6) "Person" means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government;
(7) "Registration" means a process by which a solid waste disposal or processing operation is granted a permit to operate. In this part, the words "registration" and "permit" are synonymous and may be used interchangeably;
(8) (A) "Solid waste" means garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. Solid waste includes, without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal; (B) "Solid waste" does not include: (i) Solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 ); (ii) Steel slag or mill scale that is an intended output or intended result of the use of an electric arc furnace to make steel; provided, that such steel slag or mill scale is sold and distributed in the stream of commerce for consumption, use, or further processing into another desired commodity and is managed as an item of commercial value in a controlled manner and not as a discarded material or in a manner constituting disposal; or (iii) Except to the extent inconsistent with applicable federal law, soil is not discarded material constituting waste as long as the soil is intended for use or reuse as soil;
(A) "Solid waste" means garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. Solid waste includes, without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal;
(B) "Solid waste" does not include: (i) Solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 ); (ii) Steel slag or mill scale that is an intended output or intended result of the use of an electric arc furnace to make steel; provided, that such steel slag or mill scale is sold and distributed in the stream of commerce for consumption, use, or further processing into another desired commodity and is managed as an item of commercial value in a controlled manner and not as a discarded material or in a manner constituting disposal; or (iii) Except to the extent inconsistent with applicable federal law, soil is not discarded material constituting waste as long as the soil is intended for use or reuse as soil;
(i) Solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 );
(ii) Steel slag or mill scale that is an intended output or intended result of the use of an electric arc furnace to make steel; provided, that such steel slag or mill scale is sold and distributed in the stream of commerce for consumption, use, or further processing into another desired commodity and is managed as an item of commercial value in a controlled manner and not as a discarded material or in a manner constituting disposal; or
(iii) Except to the extent inconsistent with applicable federal law, soil is not discarded material constituting waste as long as the soil is intended for use or reuse as soil;
(9) "Solid waste disposal" means the process of permanently or indefinitely placing, confining, compacting, or covering solid waste; and
(10) "Solid waste processing" means any process that modifies the characteristics or properties of solid waste, including, but not limited to, treatment, incineration, composting, separation, grinding, shredding, and volume reduction; provided, that it does not include the grinding or shredding of landscaping or land clearing wastes or unpainted, unstained, and untreated wood into mulch or other useful products.
Amended by 2020 Tenn. Acts, ch. 712, s 1, eff. 10/1/2020.
Amended by 2014 Tenn. Acts, ch. 563, s 1, eff. 3/21/2014.
Acts 1969, ch. 295, § 3; 1975, ch. 109, § 1; 1980, ch. 662, § 1; 1980, ch. 899, § 1; T.C.A., § 53-4303; Acts 1983, ch. 226, § 4; 1991, ch. 451, § 6; T.C.A., § 68-31-103; Acts 2000, ch. 904, § 2; 2001, ch. 387, § 2; 2001, ch. 449, § 11.
Tenn. Code Ann. § 68-202-602 — TN Code / Title 68 / Chapter 202 / Section 68-202-602
Governor to appoint board member - Travel expenses
Status: in_force

(a) The board member from Tennessee shall be appointed by the governor and shall serve until such board member's successor is duly appointed. The member may name the director of the industrial development division of the department of economic and community development or another person as the board member's deputy or assistant. (b) All reimbursement for travel expenses by Tennessee board members shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1961, ch. 104, § 2; 1976, ch. 806, § 1(84); modified; T.C.A., §§ 53-3502, 68-23-602.
(a) The board member from Tennessee shall be appointed by the governor and shall serve until such board member's successor is duly appointed. The member may name the director of the industrial development division of the department of economic and community development or another person as the board member's deputy or assistant.
(b) All reimbursement for travel expenses by Tennessee board members shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1961, ch. 104, § 2; 1976, ch. 806, § 1(84); modified; T.C.A., §§ 53-3502, 68-23-602.
Tenn. Code Ann. § 68-221-501 — TN Code / Title 68 / Chapter 221 / Section 68-221-501
Short title
Status: in_force

This part shall be known and may be cited as the "Waterworks Construction Loan Act of 1974." Acts 1974, ch. 671, § 1; T.C.A., §§ 53-2055, 68-13-501.
This part shall be known and may be cited as the "Waterworks Construction Loan Act of 1974."
Acts 1974, ch. 671, § 1; T.C.A., §§ 53-2055, 68-13-501.
Tenn. Code Ann. § 68-221-1202 — TN Code / Title 68 / Chapter 221 / Section 68-221-1202
Purpose and intent
Status: in_force

(a) The purpose of this part is to: (1) Facilitate statewide compliance with state and federal drinking water standards; (2) Provide Tennessee water systems with low-cost loans and other financial assistance for system improvements through the creation of a self-sustaining revolving loan program so as to improve drinking water systems; and (3) Enable the department to receive and use federal funds for the loan program and other purposes, including, but not limited to, technical assistance, authorized by the federal act. (b) It is intended that the drinking water revolving loan program be used in coordination with state and federal assistance programs. Acts 1997, ch. 483, § 3.
(a) The purpose of this part is to: (1) Facilitate statewide compliance with state and federal drinking water standards; (2) Provide Tennessee water systems with low-cost loans and other financial assistance for system improvements through the creation of a self-sustaining revolving loan program so as to improve drinking water systems; and (3) Enable the department to receive and use federal funds for the loan program and other purposes, including, but not limited to, technical assistance, authorized by the federal act.
(1) Facilitate statewide compliance with state and federal drinking water standards;
(2) Provide Tennessee water systems with low-cost loans and other financial assistance for system improvements through the creation of a self-sustaining revolving loan program so as to improve drinking water systems; and
(3) Enable the department to receive and use federal funds for the loan program and other purposes, including, but not limited to, technical assistance, authorized by the federal act.
(b) It is intended that the drinking water revolving loan program be used in coordination with state and federal assistance programs.
Acts 1997, ch. 483, § 3.
Tenn. Code Ann. § 68-221-701 — TN Code / Title 68 / Chapter 221 / Section 68-221-701
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Safe Drinking Water Act of 1983." Acts 1983, ch. 324, § 2; T.C.A., § 68-13-701.
This part shall be known and may be cited as the "Tennessee Safe Drinking Water Act of 1983."
Acts 1983, ch. 324, § 2; T.C.A., § 68-13-701.
Tenn. Code Ann. § 68-221-105 — TN Code / Title 68 / Chapter 221 / Section 68-221-105
Defects in water supply or sewerage system ordered corrected when health menace
Status: in_force

(a) When the commissioner finds, upon investigation, that a public water supply or public sewerage system is an actual or potential menace to health because of improper location, quality of the source in case of public water supplies, inadequacy, faulty design, improper supervision, or inefficient operation, and that effective measures are not being carried out to correct these defects, the department may issue an order for their correction, and this order shall be complied with within the time limit specified in the order. (b) Such notice shall be made by personal service or shall be sent by registered mail to the person responsible for the operation of the public water supply or public sewerage system. (c) Investigations made in accordance with this section may be made at the initiative of the commissioner. Acts 1945, ch. 52, § 5; C. Supp. 1950, § 5826.5; T.C.A. (orig. ed.), §§ 53-2005, 68-13-105.
(a) When the commissioner finds, upon investigation, that a public water supply or public sewerage system is an actual or potential menace to health because of improper location, quality of the source in case of public water supplies, inadequacy, faulty design, improper supervision, or inefficient operation, and that effective measures are not being carried out to correct these defects, the department may issue an order for their correction, and this order shall be complied with within the time limit specified in the order.
(b) Such notice shall be made by personal service or shall be sent by registered mail to the person responsible for the operation of the public water supply or public sewerage system.
(c) Investigations made in accordance with this section may be made at the initiative of the commissioner.
Acts 1945, ch. 52, § 5; C. Supp. 1950, § 5826.5; T.C.A. (orig. ed.), §§ 53-2005, 68-13-105.
Tenn. Code Ann. § 68-221-1314 — TN Code / Title 68 / Chapter 221 / Section 68-221-1314
Dissolution of authority
Status: in_force

(a) Whenever the governing bodies of the creating governmental entity and the participating governmental entities each, by resolution, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid, and that such governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the governmental entities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved. (b) Upon this filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of dissolution shall vest in and be delivered to the governmental entities in accordance with the terms of their agreement relating to the dissolution. Acts 2007, ch. 250, § 1.
(a) Whenever the governing bodies of the creating governmental entity and the participating governmental entities each, by resolution, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid, and that such governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the governmental entities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved.
(b) Upon this filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of dissolution shall vest in and be delivered to the governmental entities in accordance with the terms of their agreement relating to the dissolution.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-211-1004 — TN Code / Title 68 / Chapter 211 / Section 68-211-1004
Used oil collection fund
Status: in_force

(a) There is established a general fund reserve to be allocated by the general appropriations act which shall be known as the "used oil collection fund." Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. All fees, civil penalties, and fines collected pursuant to this part shall be deposited in the fund. (b) The department may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out its powers and duties under this part. Any such monetary gifts, grants or donations shall be deposited in the fund. Acts 1993, ch. 185, § 5.
(a) There is established a general fund reserve to be allocated by the general appropriations act which shall be known as the "used oil collection fund." Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. All fees, civil penalties, and fines collected pursuant to this part shall be deposited in the fund.
(b) The department may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out its powers and duties under this part. Any such monetary gifts, grants or donations shall be deposited in the fund.
Acts 1993, ch. 185, § 5.
Tenn. Code Ann. § 68-202-215 — TN Code / Title 68 / Chapter 202 / Section 68-202-215
Operators of radiation machines
Status: in_force

(a) This section applies to operators of radiation machines used for medical purposes on human beings ("medical radiation machines") and is supplementary to the other provisions of this chapter. (b) During the course of conducting inspections of medical radiation machines, the department shall determine if the operator of such equipment is required by law to be certified by any of the following boards or agencies: (1) The Tennessee board of medical examiners; (2) The Tennessee board of dentistry; (3) The Tennessee board of chiropractic examiners; (4) American registry of radiologic technologists; (5) American registry of clinical radiography technologists; and (6) Any other professional licensing board of this state which obtains the authority to issue certificates. (c) (1) If any licensee of a professional board permits an employee to operate or supervise the operation of medical radiation equipment by an operator who does not possess a current certificate issued by the appropriate board or agency, then the appropriate professional licensing board shall consider such action to be grounds for a finding of unprofessional conduct and may discipline accordingly. (2) If an individual violates this section more than once, registration of the medical radiation machine will be withheld until the department is notified by the appropriate regulatory board that the operator possesses a current certificate. All regulatory boards' rules and regulations pertaining to medical radiation equipment must receive approval by the commissioner prior to promulgation. (d) (1) Any operator who has applied for and is awaiting examination by one of the boards or agencies listed in subsection (b) shall be permitted to operate medical radiation machines for a period of not to exceed one (1) year. (2) Students enrolled in radiography training courses offered in accredited hospitals and institutions of higher education or programs acceptable to one of the boards or agencies listed in subsection (b) shall be permitted to operate medical radiation machines only as required by such training and while supervised by instructors. Acts 1984, ch. 767, § 1; 1986, ch. 823, § 1; T.C.A. § 68-23-215.
(a) This section applies to operators of radiation machines used for medical purposes on human beings ("medical radiation machines") and is supplementary to the other provisions of this chapter.
(b) During the course of conducting inspections of medical radiation machines, the department shall determine if the operator of such equipment is required by law to be certified by any of the following boards or agencies: (1) The Tennessee board of medical examiners; (2) The Tennessee board of dentistry; (3) The Tennessee board of chiropractic examiners; (4) American registry of radiologic technologists; (5) American registry of clinical radiography technologists; and (6) Any other professional licensing board of this state which obtains the authority to issue certificates.
(1) The Tennessee board of medical examiners;
(2) The Tennessee board of dentistry;
(3) The Tennessee board of chiropractic examiners;
(4) American registry of radiologic technologists;
(5) American registry of clinical radiography technologists; and
(6) Any other professional licensing board of this state which obtains the authority to issue certificates.
(c) (1) If any licensee of a professional board permits an employee to operate or supervise the operation of medical radiation equipment by an operator who does not possess a current certificate issued by the appropriate board or agency, then the appropriate professional licensing board shall consider such action to be grounds for a finding of unprofessional conduct and may discipline accordingly. (2) If an individual violates this section more than once, registration of the medical radiation machine will be withheld until the department is notified by the appropriate regulatory board that the operator possesses a current certificate. All regulatory boards' rules and regulations pertaining to medical radiation equipment must receive approval by the commissioner prior to promulgation.
(1) If any licensee of a professional board permits an employee to operate or supervise the operation of medical radiation equipment by an operator who does not possess a current certificate issued by the appropriate board or agency, then the appropriate professional licensing board shall consider such action to be grounds for a finding of unprofessional conduct and may discipline accordingly.
(2) If an individual violates this section more than once, registration of the medical radiation machine will be withheld until the department is notified by the appropriate regulatory board that the operator possesses a current certificate. All regulatory boards' rules and regulations pertaining to medical radiation equipment must receive approval by the commissioner prior to promulgation.
(d) (1) Any operator who has applied for and is awaiting examination by one of the boards or agencies listed in subsection (b) shall be permitted to operate medical radiation machines for a period of not to exceed one (1) year. (2) Students enrolled in radiography training courses offered in accredited hospitals and institutions of higher education or programs acceptable to one of the boards or agencies listed in subsection (b) shall be permitted to operate medical radiation machines only as required by such training and while supervised by instructors.
(1) Any operator who has applied for and is awaiting examination by one of the boards or agencies listed in subsection (b) shall be permitted to operate medical radiation machines for a period of not to exceed one (1) year.
(2) Students enrolled in radiography training courses offered in accredited hospitals and institutions of higher education or programs acceptable to one of the boards or agencies listed in subsection (b) shall be permitted to operate medical radiation machines only as required by such training and while supervised by instructors.
Acts 1984, ch. 767, § 1; 1986, ch. 823, § 1; T.C.A. § 68-23-215.
Tenn. Code Ann. § 68-215-116 — TN Code / Title 68 / Chapter 215 / Section 68-215-116
Failure to take proper action
Status: in_force

Any responsible party who fails without sufficient cause to properly provide for removal of petroleum or remedial action upon order of the commissioner pursuant to this chapter may be liable to the state for a penalty in an amount equal to one hundred fifty percent (150%) of the amount of any costs incurred by the fund as a result of such failure to take proper action. The commissioner may recover this penalty in an action commenced under § 68-215-115 or in a separate civil action, and such penalty shall be in addition to any costs recovered from such responsible party pursuant to this chapter. Any penalty awarded pursuant to this section shall be deposited into the fund. Acts 1988, ch. 984, § 18; T.C.A., § 68-53-116.
Any responsible party who fails without sufficient cause to properly provide for removal of petroleum or remedial action upon order of the commissioner pursuant to this chapter may be liable to the state for a penalty in an amount equal to one hundred fifty percent (150%) of the amount of any costs incurred by the fund as a result of such failure to take proper action. The commissioner may recover this penalty in an action commenced under § 68-215-115 or in a separate civil action, and such penalty shall be in addition to any costs recovered from such responsible party pursuant to this chapter. Any penalty awarded pursuant to this section shall be deposited into the fund.
Acts 1988, ch. 984, § 18; T.C.A., § 68-53-116.
Tenn. Code Ann. § 68-204-102 — TN Code / Title 68 / Chapter 204 / Section 68-204-102
"Council" defined
Status: in_force

For the purposes of this chapter, "council" means the state energy policy council. Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
For the purposes of this chapter, "council" means the state energy policy council.
Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-211-923 — TN Code / Title 68 / Chapter 211 / Section 68-211-923
Cumulative powers of authorities - Police powers of governmental entities - Projects
Status: in_force

(a) Neither this part nor anything herein contained shall be construed as a restriction or limitation upon any powers which an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. (b) No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, notwithstanding any other law to the contrary; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law. (c) Projects may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for such purposes, notwithstanding that any other general, special or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension of a like project, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law. Acts 1991, ch. 451, § 80; T.C.A., § 68-31-923.
(a) Neither this part nor anything herein contained shall be construed as a restriction or limitation upon any powers which an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers.
(b) No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, notwithstanding any other law to the contrary; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.
(c) Projects may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for such purposes, notwithstanding that any other general, special or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension of a like project, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law.
Acts 1991, ch. 451, § 80; T.C.A., § 68-31-923.
Tenn. Code Ann. § 68-211-114 — TN Code / Title 68 / Chapter 211 / Section 68-211-114
Criminal penalties
Status: in_force

Any person willfully violating any of this part, or failing, neglecting or refusing to comply with any order of the commissioner or board lawfully issued, or who accepts solid waste for disposal in a landfill which does not have a permit pursuant to this part, except as provided in § 68-211-110 , commits a Class B misdemeanor. Each day of continued violation is a separate offense. Acts 1969, ch. 295, § 14; 1975, ch. 109, § 5; 1980, ch. 662, § 5; T.C.A., § 53-4314; Acts 1989, ch. 591, § 113; T.C.A., § 68-31-114; Acts 1994, ch. 996, § 1.
Any person willfully violating any of this part, or failing, neglecting or refusing to comply with any order of the commissioner or board lawfully issued, or who accepts solid waste for disposal in a landfill which does not have a permit pursuant to this part, except as provided in § 68-211-110 , commits a Class B misdemeanor. Each day of continued violation is a separate offense.
Acts 1969, ch. 295, § 14; 1975, ch. 109, § 5; 1980, ch. 662, § 5; T.C.A., § 53-4314; Acts 1989, ch. 591, § 113; T.C.A., § 68-31-114; Acts 1994, ch. 996, § 1.
Tenn. Code Ann. § 68-211-830 — TN Code / Title 68 / Chapter 211 / Section 68-211-830
Matching grants for promoting new technologies
Status: in_force

From funds available from the solid waste management fund established by § 68-211-821 , the department may award matching grants to persons to promote the development of new technology for solid waste and recovered materials management, the use of solid waste as a fuel substitute, or innovative solid waste management infrastructure development. Such matching grants shall be made on a competitive basis with appropriate criteria for such competition to be established by the commissioner of environment and conservation. When the recipient is a local government, the local share of the match shall be determined by the department, using an economic index based upon factors which include, but are not limited to, per capita income and property values of the local government. Jurisdictions falling within the lower economic scale on the index shall be eligible for lower matching rates. Acts 1996, ch. 846, § 29.
From funds available from the solid waste management fund established by § 68-211-821 , the department may award matching grants to persons to promote the development of new technology for solid waste and recovered materials management, the use of solid waste as a fuel substitute, or innovative solid waste management infrastructure development. Such matching grants shall be made on a competitive basis with appropriate criteria for such competition to be established by the commissioner of environment and conservation. When the recipient is a local government, the local share of the match shall be determined by the department, using an economic index based upon factors which include, but are not limited to, per capita income and property values of the local government. Jurisdictions falling within the lower economic scale on the index shall be eligible for lower matching rates.
Acts 1996, ch. 846, § 29.
Tenn. Code Ann. § 68-211-505 — TN Code / Title 68 / Chapter 211 / Section 68-211-505
Provisions supplemental
Status: in_force

This part shall be in addition and supplemental to any other law providing for energy recovery facilities and/or resource recovery facilities and shall not be deemed to amend or repeal any other law. Acts 1974, ch. 787, § 5; T.C.A., §§ 53-4342, 68-31-505.
This part shall be in addition and supplemental to any other law providing for energy recovery facilities and/or resource recovery facilities and shall not be deemed to amend or repeal any other law.
Acts 1974, ch. 787, § 5; T.C.A., §§ 53-4342, 68-31-505.
Tenn. Code Ann. § 68-221-702 — TN Code / Title 68 / Chapter 221 / Section 68-221-702
Declaration of policy and purpose
Status: in_force

Recognizing that the waters of the state are the property of the state and are held in public trust for the benefit of its citizens, it is declared that the people of the state are beneficiaries of this trust and have a right to both an adequate quantity and quality of drinking water. Acts 1983, ch. 324, § 3; T.C.A., § 68-13-702.
Recognizing that the waters of the state are the property of the state and are held in public trust for the benefit of its citizens, it is declared that the people of the state are beneficiaries of this trust and have a right to both an adequate quantity and quality of drinking water.
Acts 1983, ch. 324, § 3; T.C.A., § 68-13-702.
Tenn. Code Ann. § 68-221-107 — TN Code / Title 68 / Chapter 221 / Section 68-221-107
Violation of this part a misdemeanor - Penalty
Status: in_force

Any person violating any of this part, or failing, neglecting or refusing to comply with any order of the department lawfully issued, commits a Class C misdemeanor. Each day of continued violation after conviction constitutes a separate offense. Acts 1945, ch. 52, § 7; C. Supp. 1950, § 5826.7; T.C.A. (orig. ed.), § 53-2007; Acts 1989, ch. 591, § 113; T.C.A., § 68-13-107.
Any person violating any of this part, or failing, neglecting or refusing to comply with any order of the department lawfully issued, commits a Class C misdemeanor. Each day of continued violation after conviction constitutes a separate offense.
Acts 1945, ch. 52, § 7; C. Supp. 1950, § 5826.7; T.C.A. (orig. ed.), § 53-2007; Acts 1989, ch. 591, § 113; T.C.A., § 68-13-107.
Tenn. Code Ann. § 68-211-917 — TN Code / Title 68 / Chapter 211 / Section 68-211-917
Powers of authorities cumulative - Powers of governmental entities
Status: in_force

Neither this part nor anything herein contained shall be construed as a restriction or a limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of and supplemental to any such powers. No proceeding notice or approval shall be required with respect to the issuance of any bonds of the authority or any instrument as security therefor except as provided in this part, notwithstanding any law to the contrary; provided, that nothing herein shall be construed to deprive the state of Tennessee and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power of any official or agency of this state and its governmental subdivisions which may be otherwise provided by law. Acts 1991, ch. 451, § 74; T.C.A., § 68-31-917.
Neither this part nor anything herein contained shall be construed as a restriction or a limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of and supplemental to any such powers. No proceeding notice or approval shall be required with respect to the issuance of any bonds of the authority or any instrument as security therefor except as provided in this part, notwithstanding any law to the contrary; provided, that nothing herein shall be construed to deprive the state of Tennessee and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power of any official or agency of this state and its governmental subdivisions which may be otherwise provided by law.
Acts 1991, ch. 451, § 74; T.C.A., § 68-31-917.
Tenn. Code Ann. § 68-221-206 — TN Code / Title 68 / Chapter 221 / Section 68-221-206
Authority to make appropriation
Status: in_force

There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part. Acts 1967, ch. 362, § 6; T.C.A., § 53-2022; Acts 1989, ch. 233, § 16; T.C.A., § 68-13-206.
There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part.
Acts 1967, ch. 362, § 6; T.C.A., § 53-2022; Acts 1989, ch. 233, § 16; T.C.A., § 68-13-206.
Tenn. Code Ann. § 68-201-106 — TN Code / Title 68 / Chapter 201 / Section 68-201-106
Matters to be considered in exercising powers
Status: in_force

Nothing in this part shall be deemed to grant the board or department any jurisdiction or authority with respect to air pollution existing solely within commercial or industrial plants, works or shops or to affect the relations between employers and employees with respect to or arising out of any condition of air pollution. In exercising powers to prevent, abate and control air pollution, the board or department shall give due consideration to all pertinent facts, including, but not necessarily limited to: (1) The character and degree of injury to, or interference with, the protection of the health, general welfare and physical property of the people; (2) The social and economic value of the air contaminant source; (3) The suitability or unsuitability of the air pollution source to the area in which it is located. In this respect it is expressly anticipated that the board may establish zones and categories of air contaminant sources in which the standards, rules and regulations may differ according to zone and category of air contaminant source; (4) The technical practicability and economic reasonableness of reducing or eliminating the emission of such air contaminants; (5) The economic benefit gained by the air contaminant source through any failure to comply with this part and regulations promulgated thereunder; and (6) The amount or degree of effort put forth by the air contaminant source to attain compliance. Acts 1967, ch. 367, § 6; 1971, ch. 362, § 7; 1979, ch. 299, § 7; T.C.A., § 53-3413; Acts 1984, ch. 788, § 5; T.C.A., § 68-25-106.
Nothing in this part shall be deemed to grant the board or department any jurisdiction or authority with respect to air pollution existing solely within commercial or industrial plants, works or shops or to affect the relations between employers and employees with respect to or arising out of any condition of air pollution. In exercising powers to prevent, abate and control air pollution, the board or department shall give due consideration to all pertinent facts, including, but not necessarily limited to:
(1) The character and degree of injury to, or interference with, the protection of the health, general welfare and physical property of the people;
(2) The social and economic value of the air contaminant source;
(3) The suitability or unsuitability of the air pollution source to the area in which it is located. In this respect it is expressly anticipated that the board may establish zones and categories of air contaminant sources in which the standards, rules and regulations may differ according to zone and category of air contaminant source;
(4) The technical practicability and economic reasonableness of reducing or eliminating the emission of such air contaminants;
(5) The economic benefit gained by the air contaminant source through any failure to comply with this part and regulations promulgated thereunder; and
(6) The amount or degree of effort put forth by the air contaminant source to attain compliance.
Acts 1967, ch. 367, § 6; 1971, ch. 362, § 7; 1979, ch. 299, § 7; T.C.A., § 53-3413; Acts 1984, ch. 788, § 5; T.C.A., § 68-25-106.
Tenn. Code Ann. § 68-211-916 — TN Code / Title 68 / Chapter 211 / Section 68-211-916
Contracts with governmental entities authorized - Duration - Payments to authority - Funding
Status: in_force

(a) The state of Tennessee or any county or municipality within the solid waste region is authorized, whenever the same shall be found desirable by its governing body, to enter into contracts, agreements or other arrangements with the authority regarding any project, facility or service of the authority, including, without limitation, the collection, transfer, storage, transportation, processing or disposal of solid waste or the purchase, sale, lease or other disposition of energy, energy producing materials and other materials, commodities or properties of the authority. Any such contract or agreement may extend for any period not exceeding forty (40) years from the date thereof. (b) Any payments to be made to the authority pursuant to an agreement may be payable from general funds, to the extent permitted by law, or from such limited source as may be agreed upon between the authority and such entity, and in the case of payments to be made from general funds, the governing body of any municipality having the taxing power may provide for the levy and collection of a direct, annual tax sufficient to make such payments to the authority when the same become due. Such tax shall be assessed, levied, collected and paid in like manner as other taxes of such municipality and shall be in addition to all other taxes now or hereafter authorized to be levied by such municipality. Such tax shall not be included within any statutory or other limitation as to rate or amount for such municipality, but shall be excluded therefrom and be in addition thereto and in excess thereof. (c) The governing body of any municipality not having the taxing power shall, upon entering into an agreement with the authority, make adequate provision for the timely payment of all amounts to be paid to the authority. (d) No payments shall be construed to be an indebtedness of a municipality within the meaning of any constitutional or statutory provision. Acts 1991, ch. 451, § 73; T.C.A., § 68-31-916.
(a) The state of Tennessee or any county or municipality within the solid waste region is authorized, whenever the same shall be found desirable by its governing body, to enter into contracts, agreements or other arrangements with the authority regarding any project, facility or service of the authority, including, without limitation, the collection, transfer, storage, transportation, processing or disposal of solid waste or the purchase, sale, lease or other disposition of energy, energy producing materials and other materials, commodities or properties of the authority. Any such contract or agreement may extend for any period not exceeding forty (40) years from the date thereof.
(b) Any payments to be made to the authority pursuant to an agreement may be payable from general funds, to the extent permitted by law, or from such limited source as may be agreed upon between the authority and such entity, and in the case of payments to be made from general funds, the governing body of any municipality having the taxing power may provide for the levy and collection of a direct, annual tax sufficient to make such payments to the authority when the same become due. Such tax shall be assessed, levied, collected and paid in like manner as other taxes of such municipality and shall be in addition to all other taxes now or hereafter authorized to be levied by such municipality. Such tax shall not be included within any statutory or other limitation as to rate or amount for such municipality, but shall be excluded therefrom and be in addition thereto and in excess thereof.
(c) The governing body of any municipality not having the taxing power shall, upon entering into an agreement with the authority, make adequate provision for the timely payment of all amounts to be paid to the authority.
(d) No payments shall be construed to be an indebtedness of a municipality within the meaning of any constitutional or statutory provision.
Acts 1991, ch. 451, § 73; T.C.A., § 68-31-916.
Tenn. Code Ann. § 68-202-211 — TN Code / Title 68 / Chapter 202 / Section 68-202-211
Provisions supplemental
Status: in_force

This part shall not be construed as repealing any laws of this state relating to radiation sources or exposures, radiation protection or professional licenses but shall be held and construed as auxiliary and supplementary thereto. Acts 1959, ch. 66, § 12; T.C.A., §§ 53-3313, 68-23-211.
This part shall not be construed as repealing any laws of this state relating to radiation sources or exposures, radiation protection or professional licenses but shall be held and construed as auxiliary and supplementary thereto.
Acts 1959, ch. 66, § 12; T.C.A., §§ 53-3313, 68-23-211.
Tenn. Code Ann. § 68-214-102 — TN Code / Title 68 / Chapter 214 / Section 68-214-102
Objectives of project
Status: in_force

(a) The environmental engineering project will provide for the application of scientific, technical and engineering principles and practices to the opportunities and problems associated with maintaining and improving Tennessee's environmental quality and the health and well being of the state's citizens. (b) The principal objectives of the environmental engineering project are to: (1) Maintain and make available a comprehensive pool of technical resource personnel with competency in the many aspects of environmental problems to advise and assist, upon request, the department of environment and conservation with regard to the need, implementation, efficiency, and economic consequences of laws and regulations relative to the quality of the air, water and land environments and to land utilization; (2) Provide consultation and engineering analysis, design and/or research services, upon request, to those agencies of the state having responsible cognizance of environmental quality, pollution monitoring and environmental quality regulation enforcement; (3) Establish a technical advisory service for industries and municipalities to advise and assist, in coordination with state regulatory agencies, in the technical problems arising from the compliance with environmental quality control regulations and from self-initiated pollution abatement programs; and (4) Develop and coordinate educational engineering programs for in-service training of technical, professional and managerial personnel needed for the control and improvement of the environment. Acts 1972, ch. 851, § 2; T.C.A., §§ 53-4902, 68-37-102.
(a) The environmental engineering project will provide for the application of scientific, technical and engineering principles and practices to the opportunities and problems associated with maintaining and improving Tennessee's environmental quality and the health and well being of the state's citizens.
(b) The principal objectives of the environmental engineering project are to: (1) Maintain and make available a comprehensive pool of technical resource personnel with competency in the many aspects of environmental problems to advise and assist, upon request, the department of environment and conservation with regard to the need, implementation, efficiency, and economic consequences of laws and regulations relative to the quality of the air, water and land environments and to land utilization; (2) Provide consultation and engineering analysis, design and/or research services, upon request, to those agencies of the state having responsible cognizance of environmental quality, pollution monitoring and environmental quality regulation enforcement; (3) Establish a technical advisory service for industries and municipalities to advise and assist, in coordination with state regulatory agencies, in the technical problems arising from the compliance with environmental quality control regulations and from self-initiated pollution abatement programs; and (4) Develop and coordinate educational engineering programs for in-service training of technical, professional and managerial personnel needed for the control and improvement of the environment.
(1) Maintain and make available a comprehensive pool of technical resource personnel with competency in the many aspects of environmental problems to advise and assist, upon request, the department of environment and conservation with regard to the need, implementation, efficiency, and economic consequences of laws and regulations relative to the quality of the air, water and land environments and to land utilization;
(2) Provide consultation and engineering analysis, design and/or research services, upon request, to those agencies of the state having responsible cognizance of environmental quality, pollution monitoring and environmental quality regulation enforcement;
(3) Establish a technical advisory service for industries and municipalities to advise and assist, in coordination with state regulatory agencies, in the technical problems arising from the compliance with environmental quality control regulations and from self-initiated pollution abatement programs; and
(4) Develop and coordinate educational engineering programs for in-service training of technical, professional and managerial personnel needed for the control and improvement of the environment.
Acts 1972, ch. 851, § 2; T.C.A., §§ 53-4902, 68-37-102.
Tenn. Code Ann. § 68-221-1017 — TN Code / Title 68 / Chapter 221 / Section 68-221-1017
Review and approval of new water or wastewater system - Petition
Status: in_force

(a) Notwithstanding any law to the contrary, any city or county attempting to purchase, develop, acquire, or build a new water or wastewater system shall seek the approval of the Tennessee board of utility regulation in the manner provided for in this section before finalizing plans for purchase, development, acquisition, or construction. (b) The governing body of a city or county shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval of a new water or wastewater system. The petition must include: (1) A statement of the service the proposed water or wastewater system will provide and the necessity for that service; (2) The boundaries of the proposed system's service area; (3) The statutory authority for the purchase, development, acquisition, or building of the water or wastewater system; (4) A statement describing the managerial structure of the new water or wastewater system, including the type of governing body; (5) A statement explaining why an existing utility district, treatment authority, or municipal or county service cannot adequately provide the needed service because of cost, time, or other service delivery factors; and (6) An estimate of: (A) The cost of the acquisition or construction of the system; (B) The cost of operating the proposed facility; (C) Anticipated personnel needs; and (D) The rates and charges for utility service. (c) An estimate pursuant to subdivision (b)(6)(A) is not a limitation on the financing of improvements or extensions of a facility. (d) A majority of the governing body of the creating governmental entity and its executive officer must sign the petition. (e) The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer. (f) (1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the new utility system within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative. (2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the city or county and its executive officer. (3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body and its executive officer. (4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. The petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions. Amended by 2023 Tenn. Acts, ch. 463, s 45, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 226, s 3, eff. 4/22/2021. Acts 2020, ch. 720, § 4.
(a) Notwithstanding any law to the contrary, any city or county attempting to purchase, develop, acquire, or build a new water or wastewater system shall seek the approval of the Tennessee board of utility regulation in the manner provided for in this section before finalizing plans for purchase, development, acquisition, or construction.
(b) The governing body of a city or county shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval of a new water or wastewater system. The petition must include: (1) A statement of the service the proposed water or wastewater system will provide and the necessity for that service; (2) The boundaries of the proposed system's service area; (3) The statutory authority for the purchase, development, acquisition, or building of the water or wastewater system; (4) A statement describing the managerial structure of the new water or wastewater system, including the type of governing body; (5) A statement explaining why an existing utility district, treatment authority, or municipal or county service cannot adequately provide the needed service because of cost, time, or other service delivery factors; and (6) An estimate of: (A) The cost of the acquisition or construction of the system; (B) The cost of operating the proposed facility; (C) Anticipated personnel needs; and (D) The rates and charges for utility service.
(1) A statement of the service the proposed water or wastewater system will provide and the necessity for that service;
(2) The boundaries of the proposed system's service area;
(3) The statutory authority for the purchase, development, acquisition, or building of the water or wastewater system;
(4) A statement describing the managerial structure of the new water or wastewater system, including the type of governing body;
(5) A statement explaining why an existing utility district, treatment authority, or municipal or county service cannot adequately provide the needed service because of cost, time, or other service delivery factors; and
(6) An estimate of: (A) The cost of the acquisition or construction of the system; (B) The cost of operating the proposed facility; (C) Anticipated personnel needs; and (D) The rates and charges for utility service.
(A) The cost of the acquisition or construction of the system;
(B) The cost of operating the proposed facility;
(C) Anticipated personnel needs; and
(D) The rates and charges for utility service.
(c) An estimate pursuant to subdivision (b)(6)(A) is not a limitation on the financing of improvements or extensions of a facility.
(d) A majority of the governing body of the creating governmental entity and its executive officer must sign the petition.
(e) The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer.
(f) (1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the new utility system within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative. (2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the city or county and its executive officer. (3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body and its executive officer. (4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. The petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions.
(1) The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the new utility system within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative.
(2) If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the city or county and its executive officer.
(3) If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body and its executive officer.
(4) If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. The petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions.
Amended by 2023 Tenn. Acts, ch. 463, s 45, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 226, s 3, eff. 4/22/2021.
Acts 2020, ch. 720, § 4.
Tenn. Code Ann. § 68-221-807 — TN Code / Title 68 / Chapter 221 / Section 68-221-807
Appropriations
Status: in_force

(a) (1) There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part. (2) Such funds, once appropriated, shall remain available until obligated by the department for not more than two (2) years, without reverting to the general fund. (b) (1) Not more than twenty-five percent (25%) of such annual appropriation may be allocated to grants under § 68-221-805 . (2) Not more than twenty percent (20%) of such annual appropriation may be used by the department to pay the difference between seventy-five percent (75%) and fifty-five percent (55%) for innovative and alternative technologies under § 68-221-804(c) . (3) Not more than fifteen percent (15%) of such annual appropriation may be made to cover costs for building a reserve capacity as provided in § 68-221-804(h) . Acts 1984, ch. 768, § 7; T.C.A., § 68-13-807.
(a) (1) There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part. (2) Such funds, once appropriated, shall remain available until obligated by the department for not more than two (2) years, without reverting to the general fund.
(1) There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part.
(2) Such funds, once appropriated, shall remain available until obligated by the department for not more than two (2) years, without reverting to the general fund.
(b) (1) Not more than twenty-five percent (25%) of such annual appropriation may be allocated to grants under § 68-221-805 . (2) Not more than twenty percent (20%) of such annual appropriation may be used by the department to pay the difference between seventy-five percent (75%) and fifty-five percent (55%) for innovative and alternative technologies under § 68-221-804(c) . (3) Not more than fifteen percent (15%) of such annual appropriation may be made to cover costs for building a reserve capacity as provided in § 68-221-804(h) .
(1) Not more than twenty-five percent (25%) of such annual appropriation may be allocated to grants under § 68-221-805 .
(2) Not more than twenty percent (20%) of such annual appropriation may be used by the department to pay the difference between seventy-five percent (75%) and fifty-five percent (55%) for innovative and alternative technologies under § 68-221-804(c) .
(3) Not more than fifteen percent (15%) of such annual appropriation may be made to cover costs for building a reserve capacity as provided in § 68-221-804(h) .
Acts 1984, ch. 768, § 7; T.C.A., § 68-13-807.
Tenn. Code Ann. § 68-203-102 — TN Code / Title 68 / Chapter 203 / Section 68-203-102
Use of funds
Status: in_force

The fund shall be available to the department of environment and conservation to help defray the costs of administering the regulatory programs under each statute listed in § 68-203-101(b) . The moneys shall be used for improved performance in permitting, monitoring, investigation, enforcement, and administration of the department's functions under each statute listed in § 68-203-101(b) , including the payment of salaries and benefits to employees administering the regulatory programs under each statute listed in § 68-203-101(b) . Acts 1991, ch. 417, § 2; T.C.A., § 68-1-1302.
The fund shall be available to the department of environment and conservation to help defray the costs of administering the regulatory programs under each statute listed in § 68-203-101(b) . The moneys shall be used for improved performance in permitting, monitoring, investigation, enforcement, and administration of the department's functions under each statute listed in § 68-203-101(b) , including the payment of salaries and benefits to employees administering the regulatory programs under each statute listed in § 68-203-101(b) .
Acts 1991, ch. 417, § 2; T.C.A., § 68-1-1302.
Tenn. Code Ann. § 68-221-1011 — TN Code / Title 68 / Chapter 221 / Section 68-221-1011
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 40, eff. 7/1/2023. Acts 1987, ch. 299, § 11; T.C.A., § 68-13-1011; Acts 1997 , ch. 483, § 18.
Repealed by 2023 Tenn. Acts, ch. 463, s 40, eff. 7/1/2023.
Acts 1987, ch. 299, § 11; T.C.A., § 68-13-1011; Acts 1997 , ch. 483, § 18.
Tenn. Code Ann. § 68-202-302 — TN Code / Title 68 / Chapter 202 / Section 68-202-302
Inspection for dangerous radiation sources
Status: in_force

The commissioner may, upon the commissioner's own initiative or upon the complaint in writing of any citizen, inspect any property within the commissioner's jurisdiction for the presence of dangerous and improperly safeguarded radiation sources. Acts 1974, ch. 678, § 2; 1980, ch. 668, § 1; T.C.A., §§ 53-3315, 68-23-302.
The commissioner may, upon the commissioner's own initiative or upon the complaint in writing of any citizen, inspect any property within the commissioner's jurisdiction for the presence of dangerous and improperly safeguarded radiation sources.
Acts 1974, ch. 678, § 2; 1980, ch. 668, § 1; T.C.A., §§ 53-3315, 68-23-302.