Tenn. Code Ann. § 68-221-403 — TN Code / Title 68 / Chapter 221 / Section 68-221-403
Duties of commissioner and department - Permit approval - Subsurface sewage disposal requirements
Status: in_force

(a) It is the duty of the commissioner to: (1) Exercise general supervision over the planning, location, construction, operation and maintenance of subsurface sewage disposal systems; (2) Adopt and promulgate rules and regulations as the commissioner deems necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits; (3) Establish standards for subsurface sewage disposal systems and proposed subdivisions where subsurface sewage disposal systems are to be used; (4) Enforce this part and rules and regulations promulgated pursuant to this part and make such inspections and investigations as are necessary to determine compliance with the same; (5) Review and approve the plans and plats of proposed subdivisions; (6) Issue permits for the installation of subsurface sewage disposal systems. Such permits must be granted or denied within forty-five (45) calendar days of receiving all information necessary to make a determination or the department shall refund the permit processing fee to the permit applicant. The information necessary to make a determination must be communicated to the permit applicant in writing. If the commissioner denies an application, the denial must include a clear, written explanation for the denial with citations to any rules or statutes that were relied on in making the determination; (7) Issue permits to persons engaging in the business of the construction, alteration, extension or repair of subsurface sewage disposal systems and to persons engaging in the business of removing accumulated waste from such systems; (8) Suspend or revoke permits issued to persons engaging in the business of construction, alteration, extension or repair of subsurface sewage disposal systems and to persons engaging in the business of removing accumulated waste from such systems, when it is determined that the person has violated this part or applicable rules and regulations; (9) Require the submission of information in addition to that otherwise required by rules or regulations deemed necessary by the commissioner to determine the suitability of individual lots for subsurface sewage disposal systems; and (10) Enter into an agreement or contract with county health departments whereby the departments would implement this part or its equivalent in their respective area(s) or jurisdiction. The duty to enter into an agreement or contract shall be mandatory on the commissioner in counties of the first class and the second class which are administering a subsurface sewage disposal program on April 15, 1986, and in other counties the duty to enter into an agreement or contract shall be mandatory for the commissioner when a request is made to the commissioner by the county mayor of such county; provided, that the following conditions shall apply: (A) State reporting requirements must be met by the county health departments; (B) The county health department program standards must be at least as stringent as those of the state law and regulations; (C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health departments and to terminate the agreement or contract for cause immediately or otherwise, upon reasonable notice; (D) The commissioner may set such other fiscal, administrative or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; and (E) Staffing and resources must be adequate to implement and enforce the program in the local jurisdictions. (b) The commissioner may stipulate those parts of the rules, regulations and standards which may be waived for subdivisions containing fewer than five (5) lots. (c) An applicant for a subsurface sewage disposal permit for a parcel of property may submit to the department the results of a high intensity soils evaluation by a soil scientist certified by the department or the results of percolation tests performed on the property. A permit must be issued to such an applicant for all lots within the parcel which comply with the regulations authorized under subdivision (a)(2) and meet the following requirements: (1) The results of the percolation test or high intensity soils evaluation must clearly establish that the lot has a percolation rate of: (A) Not more than one hundred five (105) minutes per inch. The percolation holes used to determine this rate must be located at the intersection of lines in a grid pattern with maximum perpendicular distances of fifty feet (50') between the lines of the grid. Each hole shall be considered reasonably representative of a square area of two thousand five hundred square feet (2,500 sq. ft.) which includes that hole in the approximate center of the square; or (B) Not less than one hundred six (106) minutes per inch and not more than one hundred twenty (120) minutes per inch; provided, that an alternative method of subsurface sewage disposal is used. The percolation holes used to determine this rate must be located at the intersection of lines in a grid pattern with maximum perpendicular distances of twenty-five feet (25') between the lines of the grid. Each hole shall be considered reasonably representative of a square area of six hundred twenty-five square feet (625 sq. ft.) which includes that hole in the appropriate center of the square; (2) All percolation tests shall be performed by a soil scientist, engineer, registered professional environmentalist, professional geologist, registered environmental health specialist/registered sanitarian with more than five (5) years experience in a subsurface sewage regulatory program and who has received credentials from the National Environmental Health Association, or surveyor licensed in this state and must be carried out in accordance with the regulations of the department; (3) The grid pattern referred to in subdivision (c)(1) shall be located within the area to be utilized for the disposal field and reserve area in such a manner as to provide reliable information regarding the percolation rate of the entire area to be utilized for the disposal field and reserve area; (4) If a percolation test hole within the test grid is unacceptable because the depth to rock is too little, that fact shall not necessarily mean that the remainder of the area within the test grid is unacceptable, only that the area represented by that particular hole is unacceptable; (5) The department shall report the actual average percolation rate, as determined by the percolation test, on the subsurface sewage disposal system permit. The actual average percolation rate shall be determined by averaging only the test results from the area actually to be covered by the permit; (6) The disposal field shall contain a minimum of three hundred seventy square feet (370 sq. ft.) of trench bottom area per bedroom; and (7) When a permit applicant intends to rely upon the results of percolation tests, the applicant shall not be required to perform a high intensity soils evaluation of the area proposed for the subsurface sewage disposal system. However, for proposed subdivisions, the applicant shall submit a plat showing the results of a soils evaluation performed by a soil scientist certified by the department, the sole purpose of which is to determine which portions, if any, of the area proposed for the disposal field and reserve area are unsuitable for percolation tests because of depth to rock, slope or water problems. For individual lots which are not part of a subdivision, the general soils evaluation described in the preceding sentence is not required, but an evaluation of the lot may be performed by an employee of the department without preparing a plat. The percolation tests used to determine the actual average percolation rate of the area to be used for the disposal field and reserve area shall be run after the submission of the general soils evaluation, and the department shall be notified at least three (3) days prior to the day that these tests will be run. If the general soils evaluation concludes that a particular area is unsuitable for percolation tests, the applicant may then perform a high-intensity soils evaluation of that area to gather additional information which may show that the area is suitable for percolation tests. When a proposed area is determined to be unsuitable for percolation tests, that area may be further evaluated to determine its suitability for an alternative subsurface sewage disposal system, and where found appropriate, shall be approved by the department for an alternative system. (d) Permits for the construction of subsurface sewage disposal systems shall be issued for single family residence lots in subdivisions which were approved by the local health authority prior to April 15, 1986, in accordance with the following requirements: (1) Permits for lots within subdivisions approved prior to July 10, 1974, shall be based upon soils or percolation data, where such data are available for the recorded plat of the subdivision, and systems shall be constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3), except for those provisions dealing with duplicate area and slope; (2) Permits for lots with subdivisions approved July 10, 1974, or after, shall be based upon soils or percolation data, where such data are available for the recorded plat of the subdivision, and systems shall be constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3); (3) In the absence of any data on file or on the recorded plat, permits shall be issued and systems constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3), except those provisions dealing with duplicate area and slope. The disposal field for these systems shall contain at least three hundred seventy square feet (370 sq. ft.) of trench bottom area per bedroom; or, if the lot does not have sufficient area to install this amount, the maximum square footage that can be installed; provided, that an absolute minimum of two hundred square feet (200 sq. ft.) per bedroom must be installed. The permit shall note that the system is for an approved subdivision without adequate available soils or percolation data; and (4) The eighteen inch (18") requirement of subsection (f) does not apply to systems approved under this subsection (d), or to subdivisions approved by the commissioner prior to July 1, 1990. (e) (1) In the adoption and promulgation of rules and regulations under this section, the standards for subsurface sewerage disposal systems shall, in counties with a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand four hundred (12,400), according to the 1970 federal census or any subsequent federal census, provide that the media for the disposal fields shall consist of crushed rock or gravel varying in size from three-fourths inch (3/4") to two and one-half inches (21/2"); or of creek gravel; or of other material authorized for substitution by the county sanitation officer. (2) In the adoption and promulgation of rules and regulations under this section, the standards for subsurface sewage disposal systems shall, in counties with a population of not less than six thousand (6,000) nor more than six thousand one hundred twenty-five (6,125), and in counties with a population of not less than nine thousand six hundred fifty (9,650) nor more than nine thousand seven hundred fifty (9,750), if approved by a two-thirds (2/3) vote of the legislative body of such county before September 6, 1983, all according to the 1980 federal census or any subsequent federal census, provide that the media for the disposal fields shall consist of crushed rock or gravel varying in size from three-fourths inch (3/4") to two and one-half inches (21/2"); or of creek gravel; or of other material authorized for substitution by the county sanitation officer. (f) It is permissible to use blasting to remove unwanted rock in order to install a septic tank or a solid line leading to the tank or from the tank to the disposal field. Where blasting is used in the construction of the disposal field, no section of pipe designed to let, or capable of letting, water escape through perforations, joints, or any other opening shall be located within ten feet (10') horizontally of rock which has been blasted, and an anti-seep collar shall be installed at the junction of the perforated pipe and a solid pipe passing through the zone of blasted rock in such a manner as to prevent sewage discharged from perforations in the perforated pipe from moving laterally from the perforated pipe toward the blasted rock. In addition to the other requirements contained in the regulations, in no case shall any section of pipe designed to let, or capable of letting, water escape through perforations, joints, or any other opening be located within eighteen inches (18") (at least twelve inches (12") shall be undisturbed soil) vertically of rock in the area of karst geology (however the department may specify a lesser distance in a non-karst area) or within three feet (3') horizontally of rock which has not been blasted. This subsection (f) is applicable to all subsurface sewage disposal system permits issued by the commissioner. (g) (1) Where the undisturbed soil layer above rock is between eighteen inches (18") and twenty-four inches (24") deep, a low pressure pipe system may be installed; provided, that no portion of any seepage trench (i.e., aggregate-encased-perforated pipe) is within three feet (3') horizontally of rock which has not been blasted and ten feet (10') horizontally of rock which has been blasted. The elevation of each perforated distribution pipe in the low pressure pipe system shall be the same as the elevation of the natural soil in the vicinity of each pipe. Each perforated pipe shall be installed on a bed of aggregate located in a trench excavated six inches (6") wide and six inches (6") deep into undisturbed natural soil. Each perforated pipe shall be covered by two inches (2") of aggregate. Each seepage trench shall be separated five feet (5') horizontally and covered with at least twelve inches (12") of compatible soil; provided, that all vegetation is removed from the original soil surface and it is plowed to a depth of three inches (3") with a chisel plow prior to the placement of the added soil. The covering soil shall extend, at a minimum depth of twelve inches (12"), for a distance of five feet (5') beyond the perimeter of the area containing the seepage trenches and then taper to natural soil level with a maximum side slope for the covering soil of three (3) to one (1) (i.e., three feet (3') horizontal to one foot (1') vertical). At least five (5) observation tubes shall be provided by installing fourteen inch (14") long sections of one and one-half inch (1.5") diameter pipe that will extend from the natural soil surface to above the surface of the covering soil. The location of the observation tubes will be specified for each system by a soil scientist certified by the department. (2) Before any system may be approved under this subsection (g), a soils evaluation must be made by a soil scientist certified by the department, and the department must find that the soil is sufficiently permeable to allow proper absorption of the sewage into the soil. To the extent they are not inconsistent with this subsection (g), the general regulations governing low pressure pipe systems are applicable to systems installed pursuant to this subsection (g). (3) Any system approved under this subsection (g) shall be identified on a restrictive covenant filed with the local register of deeds for the property served by the system. (h) Recognizing the acute need for environmentally safe and economically feasible on-site wastewater disposal systems for sites with marginal soil resources, and further recognizing the potential for development of numerous satisfactory designs, the department is charged to continually strive to identify and/or develop design and operating criteria for systems that have potential for functioning properly on sites with limited soil depth above a limiting horizon (e.g., fragipan, perched water table, rock). (i) When the undisturbed soil layer above rock is between twenty-four inches (24") and thirty-six inches (36") deep, a conventional disposal system may be installed, if the following requirements are met: (1) The depth of gravel in the trench shall be either eight inches (8"), ten inches (10") or twelve inches (12") with a minimum depth underneath the pipe of three inches (3") and with a minimum depth above the pipe of one inch (1"). As the depth of gravel is reduced to ten inches (10") or eight inches (8"), the length of the trenches will increase proportionately such that the total cubic footage and the infiltrative surface on the side wall of the trenches will remain constant; (2) The original soil surface shall be at least seven inches (7") above the top of the gravel in the trench; (3) There shall be at least nine inches (9") of undisturbed soil between the trench bottom and rock; (4) The disposal field area shall have at least ten inches (10") of backfill above the elevation of the gravel in the trench. A maximum of three inches (3") of the backfill may be compatible soil fill; provided, that all vegetation is removed from the original soil surface and it is plowed to a depth of three inches (3") with a plow prior to the placement of the added soil. The covering soil shall extend, at the required depth, for a distance of five feet (5') beyond the perimeter of the area containing the seepage trenches and then taper to natural soil level with a slope for the covering soil of three feet (3') horizontal to one foot (1') vertical or flatter; and (5) The eighteen inch (18") requirement of subsection (f) does not apply to systems approved under this subsection (i). To the extent they are not inconsistent with this subsection (i), the general regulations governing conventional disposal systems are applicable to systems installed pursuant to this subsection (i). (j) In addition to the department's authorization for systems which have gained the approval of the National Sanitation Foundation, the department shall also authorize the use of not more than fifty (50) units of any system which meets the National Sanitation Foundation Standard 40 conducted by a research I institution that has an accredited civil and environmental engineering program; provided, that the applicant for any such unit shall, in addition to all other fees prescribed, pay to the department a special inspection fee of one hundred dollars ($100). (k) Permits shall be issued for the repair of any system in existence prior to July 1, 1990, pursuant to statutes, rules and regulations in effect on June 30, 1990. (l) The commissioner shall use a portion of the fees imposed and collected pursuant to state law to fund a position in the division of ground water protection. The person filling this position shall perform the following tasks: (1) Determine the number of lots approved by the local health authority and/or the commissioner prior to July 1, 1990, in at least ten (10) counties in this state, which counties shall be selected by the department as representative of counties which have the greatest need for alternative subsurface sewage disposal systems; (2) Gather and compile all readily available information, from other states and from throughout this state, concerning all alternative subsurface sewage disposal systems which might feasibly be used in this state, and make this information available to members of the public; and (3) Communicate on a regular basis with members of the public concerning the availability, cost, environmental advantages, and other factors relevant to alternative subsurface sewage disposal systems. (m) (1) As used in this subsection (m): (A) "Conflict of interest" means: (i) Employment or other affiliation with, or financial interest in, the individual, firm, or corporation engaged in the permit package, inspection report, or construction of the subsurface sewage disposal system; or (ii) A relationship with a family member or other individual involved in the permit package, inspection report, or construction of the subsurface sewage disposal system that could create an appearance of impropriety; (B) "Contract county" means a county that has contracted with the department under subdivision (a)(10); and (C) "Third-party water resources engineer" means an engineer qualified by education or experience in wastewater design, including subsurface sewage disposal systems or land application systems, and who is: (A) Registered with the Tennessee state board of examiners for architects and engineers; (B) Registered with the department as a third-party water resources engineer; and (C) Not employed by the department or the contract county. (2) A person may engage a third-party water resources engineer to prepare a permit package to install a subsurface sewage disposal system pursuant to subdivision (a)(6) in lieu of the department or the contract county. The person, or the person's designee, may submit the permit package to the department or, as applicable, to the contract county, in a form required by the department or the contract county. The permit package must include: (A) The appropriate fee; (B) A copy of the complete subsurface sewage disposal system application, including a soils map prepared by a soil scientist certified by the department; (C) A copy of the sealed plans for the subsurface sewage disposal system; (D) A completed but unsigned permit for construction of the subsurface disposal system; (E) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The subsurface sewage disposal system application package complies with this part, the rules adopted pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part; (iii) There are no remaining deficiencies with the application package; and (iv) All information in the completed but unsigned permit is accurate and complete; and (F) Such other information as the department or the contract county may reasonably require. (3) A person may engage a third-party water resources engineer to conduct the final inspection of a subsurface sewage disposal system pursuant to subdivision (a)(4) in lieu of the department or the contract county. The person, or the person's designee, shall submit the following to the department or the contract county in a form required by the department or the contract county no more than five (5) business days after the date of inspection: (A) The appropriate fee, if a fee is required; (B) A copy of the inspection report prepared by the third-party water resources engineer, including photographs of all key components of the system; (C) A completed, but unsigned, certificate of completion of the subsurface disposal system; (D) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The subsurface sewage disposal system was installed in accordance with the permit; (iii) There are no remaining deficiencies with the subsurface sewage disposal system; and (iv) All information in the completed but unsigned permit is accurate and complete; and (E) Such other information as the department or the contract county may reasonably require. (4) No later than ten (10) business days after receipt of the permit package or inspection report pursuant to this subsection (m), the department or the contract county shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party water resources engineer and applicant; or (C) Request additional information needed to determine compliance with this part, the rules promulgated pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part. (5) If the department or the contract county approves the permit package, then it shall issue the permit for construction of the subsurface disposal system at the time of approval. If the department or the contract county approves the final inspection report, then it shall issue the certificate of completion of the subsurface sewage system at the time of approval. (6) If the department or the contract county rejects the third-party permit package or final inspection report, or requests additional information, receipt by the department or the contract county of a substantive response to that rejection or request begins a new ten-business-day period for review. (7) If the department or the contract county fails to approve, reject, or request additional information concerning the permit package or inspection report within ten (10) business days of receipt, then the department or the contract county shall refund the associated fee but still complete the review. (8) A third-party water resources engineer shall not prepare a permit package or conduct a final inspection if the third-party water resources engineer has a conflict of interest. (9) In reviewing a third-party water resources engineer's permit package or inspection report filed pursuant to this subsection (m), the department's or contract county's determination that a conflict of interest exists constitutes grounds for rejection. (10) The fee charged by the department or contract county for a third-party water resources engineer permit package or final inspection must be the same amount charged by the department or the contract county to perform the same services. (11) If the department or the contract county rejects a third-party water resources engineer's permit package, the applicant may seek a variance pursuant to § 68-221-410 . (12) A soil scientist certified by the department may submit an application for a permit for a subsurface sewage disposal system with a capacity of less than seven hundred fifty (750) gallons per day that includes the completed application, application fee, proposed design, an appropriate intensity soils map signed by a soil scientist certified by the department, and a completed but unsigned permit for construction of the subsurface disposal system. Amended by 2024 Tenn. Acts, ch. 771,s 6, eff. 10/1/2024. Amended by 2020 Tenn. Acts, ch. 726, s 1, eff. 6/22/2020. Acts 1973, ch. 188, §§ 3-13; 1975, ch. 301, §§ 1, 3; 1976, ch. 629, § 1; 1979, ch. 212, § 1; 1980, ch. 465, § 1; 1980, ch. 855, §§ 1, 2; 1982, ch. 781, § 1; T.C.A., § 53-2044; Acts 1983, ch. 477, §§ 1, 2; 1986, ch. 735, § 2; 1987, ch. 246, § 1; 1989, ch. 485, §§ 1-5; 1990, ch. 705, § 1; 1990, ch. 1063, § 1; 1991, ch. 417, § 9; 1991, ch. 513, §§ 1-4, 6; T.C.A., § 68-13-403; Acts 1993, ch. 325, § 3; 1998, ch. 748, § 1; Acts 2003 , ch. 90, § 2.
(a) It is the duty of the commissioner to: (1) Exercise general supervision over the planning, location, construction, operation and maintenance of subsurface sewage disposal systems; (2) Adopt and promulgate rules and regulations as the commissioner deems necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits; (3) Establish standards for subsurface sewage disposal systems and proposed subdivisions where subsurface sewage disposal systems are to be used; (4) Enforce this part and rules and regulations promulgated pursuant to this part and make such inspections and investigations as are necessary to determine compliance with the same; (5) Review and approve the plans and plats of proposed subdivisions; (6) Issue permits for the installation of subsurface sewage disposal systems. Such permits must be granted or denied within forty-five (45) calendar days of receiving all information necessary to make a determination or the department shall refund the permit processing fee to the permit applicant. The information necessary to make a determination must be communicated to the permit applicant in writing. If the commissioner denies an application, the denial must include a clear, written explanation for the denial with citations to any rules or statutes that were relied on in making the determination; (7) Issue permits to persons engaging in the business of the construction, alteration, extension or repair of subsurface sewage disposal systems and to persons engaging in the business of removing accumulated waste from such systems; (8) Suspend or revoke permits issued to persons engaging in the business of construction, alteration, extension or repair of subsurface sewage disposal systems and to persons engaging in the business of removing accumulated waste from such systems, when it is determined that the person has violated this part or applicable rules and regulations; (9) Require the submission of information in addition to that otherwise required by rules or regulations deemed necessary by the commissioner to determine the suitability of individual lots for subsurface sewage disposal systems; and (10) Enter into an agreement or contract with county health departments whereby the departments would implement this part or its equivalent in their respective area(s) or jurisdiction. The duty to enter into an agreement or contract shall be mandatory on the commissioner in counties of the first class and the second class which are administering a subsurface sewage disposal program on April 15, 1986, and in other counties the duty to enter into an agreement or contract shall be mandatory for the commissioner when a request is made to the commissioner by the county mayor of such county; provided, that the following conditions shall apply: (A) State reporting requirements must be met by the county health departments; (B) The county health department program standards must be at least as stringent as those of the state law and regulations; (C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health departments and to terminate the agreement or contract for cause immediately or otherwise, upon reasonable notice; (D) The commissioner may set such other fiscal, administrative or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; and (E) Staffing and resources must be adequate to implement and enforce the program in the local jurisdictions.
(1) Exercise general supervision over the planning, location, construction, operation and maintenance of subsurface sewage disposal systems;
(2) Adopt and promulgate rules and regulations as the commissioner deems necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits;
(3) Establish standards for subsurface sewage disposal systems and proposed subdivisions where subsurface sewage disposal systems are to be used;
(4) Enforce this part and rules and regulations promulgated pursuant to this part and make such inspections and investigations as are necessary to determine compliance with the same;
(5) Review and approve the plans and plats of proposed subdivisions;
(6) Issue permits for the installation of subsurface sewage disposal systems. Such permits must be granted or denied within forty-five (45) calendar days of receiving all information necessary to make a determination or the department shall refund the permit processing fee to the permit applicant. The information necessary to make a determination must be communicated to the permit applicant in writing. If the commissioner denies an application, the denial must include a clear, written explanation for the denial with citations to any rules or statutes that were relied on in making the determination;
(7) Issue permits to persons engaging in the business of the construction, alteration, extension or repair of subsurface sewage disposal systems and to persons engaging in the business of removing accumulated waste from such systems;
(8) Suspend or revoke permits issued to persons engaging in the business of construction, alteration, extension or repair of subsurface sewage disposal systems and to persons engaging in the business of removing accumulated waste from such systems, when it is determined that the person has violated this part or applicable rules and regulations;
(9) Require the submission of information in addition to that otherwise required by rules or regulations deemed necessary by the commissioner to determine the suitability of individual lots for subsurface sewage disposal systems; and
(10) Enter into an agreement or contract with county health departments whereby the departments would implement this part or its equivalent in their respective area(s) or jurisdiction. The duty to enter into an agreement or contract shall be mandatory on the commissioner in counties of the first class and the second class which are administering a subsurface sewage disposal program on April 15, 1986, and in other counties the duty to enter into an agreement or contract shall be mandatory for the commissioner when a request is made to the commissioner by the county mayor of such county; provided, that the following conditions shall apply: (A) State reporting requirements must be met by the county health departments; (B) The county health department program standards must be at least as stringent as those of the state law and regulations; (C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health departments and to terminate the agreement or contract for cause immediately or otherwise, upon reasonable notice; (D) The commissioner may set such other fiscal, administrative or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; and (E) Staffing and resources must be adequate to implement and enforce the program in the local jurisdictions.
(A) State reporting requirements must be met by the county health departments;
(B) The county health department program standards must be at least as stringent as those of the state law and regulations;
(C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health departments and to terminate the agreement or contract for cause immediately or otherwise, upon reasonable notice;
(D) The commissioner may set such other fiscal, administrative or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; and
(E) Staffing and resources must be adequate to implement and enforce the program in the local jurisdictions.
(b) The commissioner may stipulate those parts of the rules, regulations and standards which may be waived for subdivisions containing fewer than five (5) lots.
(c) An applicant for a subsurface sewage disposal permit for a parcel of property may submit to the department the results of a high intensity soils evaluation by a soil scientist certified by the department or the results of percolation tests performed on the property. A permit must be issued to such an applicant for all lots within the parcel which comply with the regulations authorized under subdivision (a)(2) and meet the following requirements: (1) The results of the percolation test or high intensity soils evaluation must clearly establish that the lot has a percolation rate of: (A) Not more than one hundred five (105) minutes per inch. The percolation holes used to determine this rate must be located at the intersection of lines in a grid pattern with maximum perpendicular distances of fifty feet (50') between the lines of the grid. Each hole shall be considered reasonably representative of a square area of two thousand five hundred square feet (2,500 sq. ft.) which includes that hole in the approximate center of the square; or (B) Not less than one hundred six (106) minutes per inch and not more than one hundred twenty (120) minutes per inch; provided, that an alternative method of subsurface sewage disposal is used. The percolation holes used to determine this rate must be located at the intersection of lines in a grid pattern with maximum perpendicular distances of twenty-five feet (25') between the lines of the grid. Each hole shall be considered reasonably representative of a square area of six hundred twenty-five square feet (625 sq. ft.) which includes that hole in the appropriate center of the square; (2) All percolation tests shall be performed by a soil scientist, engineer, registered professional environmentalist, professional geologist, registered environmental health specialist/registered sanitarian with more than five (5) years experience in a subsurface sewage regulatory program and who has received credentials from the National Environmental Health Association, or surveyor licensed in this state and must be carried out in accordance with the regulations of the department; (3) The grid pattern referred to in subdivision (c)(1) shall be located within the area to be utilized for the disposal field and reserve area in such a manner as to provide reliable information regarding the percolation rate of the entire area to be utilized for the disposal field and reserve area; (4) If a percolation test hole within the test grid is unacceptable because the depth to rock is too little, that fact shall not necessarily mean that the remainder of the area within the test grid is unacceptable, only that the area represented by that particular hole is unacceptable; (5) The department shall report the actual average percolation rate, as determined by the percolation test, on the subsurface sewage disposal system permit. The actual average percolation rate shall be determined by averaging only the test results from the area actually to be covered by the permit; (6) The disposal field shall contain a minimum of three hundred seventy square feet (370 sq. ft.) of trench bottom area per bedroom; and (7) When a permit applicant intends to rely upon the results of percolation tests, the applicant shall not be required to perform a high intensity soils evaluation of the area proposed for the subsurface sewage disposal system. However, for proposed subdivisions, the applicant shall submit a plat showing the results of a soils evaluation performed by a soil scientist certified by the department, the sole purpose of which is to determine which portions, if any, of the area proposed for the disposal field and reserve area are unsuitable for percolation tests because of depth to rock, slope or water problems. For individual lots which are not part of a subdivision, the general soils evaluation described in the preceding sentence is not required, but an evaluation of the lot may be performed by an employee of the department without preparing a plat. The percolation tests used to determine the actual average percolation rate of the area to be used for the disposal field and reserve area shall be run after the submission of the general soils evaluation, and the department shall be notified at least three (3) days prior to the day that these tests will be run. If the general soils evaluation concludes that a particular area is unsuitable for percolation tests, the applicant may then perform a high-intensity soils evaluation of that area to gather additional information which may show that the area is suitable for percolation tests. When a proposed area is determined to be unsuitable for percolation tests, that area may be further evaluated to determine its suitability for an alternative subsurface sewage disposal system, and where found appropriate, shall be approved by the department for an alternative system.
(1) The results of the percolation test or high intensity soils evaluation must clearly establish that the lot has a percolation rate of: (A) Not more than one hundred five (105) minutes per inch. The percolation holes used to determine this rate must be located at the intersection of lines in a grid pattern with maximum perpendicular distances of fifty feet (50') between the lines of the grid. Each hole shall be considered reasonably representative of a square area of two thousand five hundred square feet (2,500 sq. ft.) which includes that hole in the approximate center of the square; or (B) Not less than one hundred six (106) minutes per inch and not more than one hundred twenty (120) minutes per inch; provided, that an alternative method of subsurface sewage disposal is used. The percolation holes used to determine this rate must be located at the intersection of lines in a grid pattern with maximum perpendicular distances of twenty-five feet (25') between the lines of the grid. Each hole shall be considered reasonably representative of a square area of six hundred twenty-five square feet (625 sq. ft.) which includes that hole in the appropriate center of the square;
(A) Not more than one hundred five (105) minutes per inch. The percolation holes used to determine this rate must be located at the intersection of lines in a grid pattern with maximum perpendicular distances of fifty feet (50') between the lines of the grid. Each hole shall be considered reasonably representative of a square area of two thousand five hundred square feet (2,500 sq. ft.) which includes that hole in the approximate center of the square; or
(B) Not less than one hundred six (106) minutes per inch and not more than one hundred twenty (120) minutes per inch; provided, that an alternative method of subsurface sewage disposal is used. The percolation holes used to determine this rate must be located at the intersection of lines in a grid pattern with maximum perpendicular distances of twenty-five feet (25') between the lines of the grid. Each hole shall be considered reasonably representative of a square area of six hundred twenty-five square feet (625 sq. ft.) which includes that hole in the appropriate center of the square;
(2) All percolation tests shall be performed by a soil scientist, engineer, registered professional environmentalist, professional geologist, registered environmental health specialist/registered sanitarian with more than five (5) years experience in a subsurface sewage regulatory program and who has received credentials from the National Environmental Health Association, or surveyor licensed in this state and must be carried out in accordance with the regulations of the department;
(3) The grid pattern referred to in subdivision (c)(1) shall be located within the area to be utilized for the disposal field and reserve area in such a manner as to provide reliable information regarding the percolation rate of the entire area to be utilized for the disposal field and reserve area;
(4) If a percolation test hole within the test grid is unacceptable because the depth to rock is too little, that fact shall not necessarily mean that the remainder of the area within the test grid is unacceptable, only that the area represented by that particular hole is unacceptable;
(5) The department shall report the actual average percolation rate, as determined by the percolation test, on the subsurface sewage disposal system permit. The actual average percolation rate shall be determined by averaging only the test results from the area actually to be covered by the permit;
(6) The disposal field shall contain a minimum of three hundred seventy square feet (370 sq. ft.) of trench bottom area per bedroom; and
(7) When a permit applicant intends to rely upon the results of percolation tests, the applicant shall not be required to perform a high intensity soils evaluation of the area proposed for the subsurface sewage disposal system. However, for proposed subdivisions, the applicant shall submit a plat showing the results of a soils evaluation performed by a soil scientist certified by the department, the sole purpose of which is to determine which portions, if any, of the area proposed for the disposal field and reserve area are unsuitable for percolation tests because of depth to rock, slope or water problems. For individual lots which are not part of a subdivision, the general soils evaluation described in the preceding sentence is not required, but an evaluation of the lot may be performed by an employee of the department without preparing a plat. The percolation tests used to determine the actual average percolation rate of the area to be used for the disposal field and reserve area shall be run after the submission of the general soils evaluation, and the department shall be notified at least three (3) days prior to the day that these tests will be run. If the general soils evaluation concludes that a particular area is unsuitable for percolation tests, the applicant may then perform a high-intensity soils evaluation of that area to gather additional information which may show that the area is suitable for percolation tests. When a proposed area is determined to be unsuitable for percolation tests, that area may be further evaluated to determine its suitability for an alternative subsurface sewage disposal system, and where found appropriate, shall be approved by the department for an alternative system.
(d) Permits for the construction of subsurface sewage disposal systems shall be issued for single family residence lots in subdivisions which were approved by the local health authority prior to April 15, 1986, in accordance with the following requirements: (1) Permits for lots within subdivisions approved prior to July 10, 1974, shall be based upon soils or percolation data, where such data are available for the recorded plat of the subdivision, and systems shall be constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3), except for those provisions dealing with duplicate area and slope; (2) Permits for lots with subdivisions approved July 10, 1974, or after, shall be based upon soils or percolation data, where such data are available for the recorded plat of the subdivision, and systems shall be constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3); (3) In the absence of any data on file or on the recorded plat, permits shall be issued and systems constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3), except those provisions dealing with duplicate area and slope. The disposal field for these systems shall contain at least three hundred seventy square feet (370 sq. ft.) of trench bottom area per bedroom; or, if the lot does not have sufficient area to install this amount, the maximum square footage that can be installed; provided, that an absolute minimum of two hundred square feet (200 sq. ft.) per bedroom must be installed. The permit shall note that the system is for an approved subdivision without adequate available soils or percolation data; and (4) The eighteen inch (18") requirement of subsection (f) does not apply to systems approved under this subsection (d), or to subdivisions approved by the commissioner prior to July 1, 1990.
(1) Permits for lots within subdivisions approved prior to July 10, 1974, shall be based upon soils or percolation data, where such data are available for the recorded plat of the subdivision, and systems shall be constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3), except for those provisions dealing with duplicate area and slope;
(2) Permits for lots with subdivisions approved July 10, 1974, or after, shall be based upon soils or percolation data, where such data are available for the recorded plat of the subdivision, and systems shall be constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3);
(3) In the absence of any data on file or on the recorded plat, permits shall be issued and systems constructed in accordance with the requirements authorized by subdivisions (a)(2) and (3), except those provisions dealing with duplicate area and slope. The disposal field for these systems shall contain at least three hundred seventy square feet (370 sq. ft.) of trench bottom area per bedroom; or, if the lot does not have sufficient area to install this amount, the maximum square footage that can be installed; provided, that an absolute minimum of two hundred square feet (200 sq. ft.) per bedroom must be installed. The permit shall note that the system is for an approved subdivision without adequate available soils or percolation data; and
(4) The eighteen inch (18") requirement of subsection (f) does not apply to systems approved under this subsection (d), or to subdivisions approved by the commissioner prior to July 1, 1990.
(e) (1) In the adoption and promulgation of rules and regulations under this section, the standards for subsurface sewerage disposal systems shall, in counties with a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand four hundred (12,400), according to the 1970 federal census or any subsequent federal census, provide that the media for the disposal fields shall consist of crushed rock or gravel varying in size from three-fourths inch (3/4") to two and one-half inches (21/2"); or of creek gravel; or of other material authorized for substitution by the county sanitation officer. (2) In the adoption and promulgation of rules and regulations under this section, the standards for subsurface sewage disposal systems shall, in counties with a population of not less than six thousand (6,000) nor more than six thousand one hundred twenty-five (6,125), and in counties with a population of not less than nine thousand six hundred fifty (9,650) nor more than nine thousand seven hundred fifty (9,750), if approved by a two-thirds (2/3) vote of the legislative body of such county before September 6, 1983, all according to the 1980 federal census or any subsequent federal census, provide that the media for the disposal fields shall consist of crushed rock or gravel varying in size from three-fourths inch (3/4") to two and one-half inches (21/2"); or of creek gravel; or of other material authorized for substitution by the county sanitation officer.
(1) In the adoption and promulgation of rules and regulations under this section, the standards for subsurface sewerage disposal systems shall, in counties with a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand four hundred (12,400), according to the 1970 federal census or any subsequent federal census, provide that the media for the disposal fields shall consist of crushed rock or gravel varying in size from three-fourths inch (3/4") to two and one-half inches (21/2"); or of creek gravel; or of other material authorized for substitution by the county sanitation officer.
(2) In the adoption and promulgation of rules and regulations under this section, the standards for subsurface sewage disposal systems shall, in counties with a population of not less than six thousand (6,000) nor more than six thousand one hundred twenty-five (6,125), and in counties with a population of not less than nine thousand six hundred fifty (9,650) nor more than nine thousand seven hundred fifty (9,750), if approved by a two-thirds (2/3) vote of the legislative body of such county before September 6, 1983, all according to the 1980 federal census or any subsequent federal census, provide that the media for the disposal fields shall consist of crushed rock or gravel varying in size from three-fourths inch (3/4") to two and one-half inches (21/2"); or of creek gravel; or of other material authorized for substitution by the county sanitation officer.
(f) It is permissible to use blasting to remove unwanted rock in order to install a septic tank or a solid line leading to the tank or from the tank to the disposal field. Where blasting is used in the construction of the disposal field, no section of pipe designed to let, or capable of letting, water escape through perforations, joints, or any other opening shall be located within ten feet (10') horizontally of rock which has been blasted, and an anti-seep collar shall be installed at the junction of the perforated pipe and a solid pipe passing through the zone of blasted rock in such a manner as to prevent sewage discharged from perforations in the perforated pipe from moving laterally from the perforated pipe toward the blasted rock. In addition to the other requirements contained in the regulations, in no case shall any section of pipe designed to let, or capable of letting, water escape through perforations, joints, or any other opening be located within eighteen inches (18") (at least twelve inches (12") shall be undisturbed soil) vertically of rock in the area of karst geology (however the department may specify a lesser distance in a non-karst area) or within three feet (3') horizontally of rock which has not been blasted. This subsection (f) is applicable to all subsurface sewage disposal system permits issued by the commissioner.
(g) (1) Where the undisturbed soil layer above rock is between eighteen inches (18") and twenty-four inches (24") deep, a low pressure pipe system may be installed; provided, that no portion of any seepage trench (i.e., aggregate-encased-perforated pipe) is within three feet (3') horizontally of rock which has not been blasted and ten feet (10') horizontally of rock which has been blasted. The elevation of each perforated distribution pipe in the low pressure pipe system shall be the same as the elevation of the natural soil in the vicinity of each pipe. Each perforated pipe shall be installed on a bed of aggregate located in a trench excavated six inches (6") wide and six inches (6") deep into undisturbed natural soil. Each perforated pipe shall be covered by two inches (2") of aggregate. Each seepage trench shall be separated five feet (5') horizontally and covered with at least twelve inches (12") of compatible soil; provided, that all vegetation is removed from the original soil surface and it is plowed to a depth of three inches (3") with a chisel plow prior to the placement of the added soil. The covering soil shall extend, at a minimum depth of twelve inches (12"), for a distance of five feet (5') beyond the perimeter of the area containing the seepage trenches and then taper to natural soil level with a maximum side slope for the covering soil of three (3) to one (1) (i.e., three feet (3') horizontal to one foot (1') vertical). At least five (5) observation tubes shall be provided by installing fourteen inch (14") long sections of one and one-half inch (1.5") diameter pipe that will extend from the natural soil surface to above the surface of the covering soil. The location of the observation tubes will be specified for each system by a soil scientist certified by the department. (2) Before any system may be approved under this subsection (g), a soils evaluation must be made by a soil scientist certified by the department, and the department must find that the soil is sufficiently permeable to allow proper absorption of the sewage into the soil. To the extent they are not inconsistent with this subsection (g), the general regulations governing low pressure pipe systems are applicable to systems installed pursuant to this subsection (g). (3) Any system approved under this subsection (g) shall be identified on a restrictive covenant filed with the local register of deeds for the property served by the system.
(1) Where the undisturbed soil layer above rock is between eighteen inches (18") and twenty-four inches (24") deep, a low pressure pipe system may be installed; provided, that no portion of any seepage trench (i.e., aggregate-encased-perforated pipe) is within three feet (3') horizontally of rock which has not been blasted and ten feet (10') horizontally of rock which has been blasted. The elevation of each perforated distribution pipe in the low pressure pipe system shall be the same as the elevation of the natural soil in the vicinity of each pipe. Each perforated pipe shall be installed on a bed of aggregate located in a trench excavated six inches (6") wide and six inches (6") deep into undisturbed natural soil. Each perforated pipe shall be covered by two inches (2") of aggregate. Each seepage trench shall be separated five feet (5') horizontally and covered with at least twelve inches (12") of compatible soil; provided, that all vegetation is removed from the original soil surface and it is plowed to a depth of three inches (3") with a chisel plow prior to the placement of the added soil. The covering soil shall extend, at a minimum depth of twelve inches (12"), for a distance of five feet (5') beyond the perimeter of the area containing the seepage trenches and then taper to natural soil level with a maximum side slope for the covering soil of three (3) to one (1) (i.e., three feet (3') horizontal to one foot (1') vertical). At least five (5) observation tubes shall be provided by installing fourteen inch (14") long sections of one and one-half inch (1.5") diameter pipe that will extend from the natural soil surface to above the surface of the covering soil. The location of the observation tubes will be specified for each system by a soil scientist certified by the department.
(2) Before any system may be approved under this subsection (g), a soils evaluation must be made by a soil scientist certified by the department, and the department must find that the soil is sufficiently permeable to allow proper absorption of the sewage into the soil. To the extent they are not inconsistent with this subsection (g), the general regulations governing low pressure pipe systems are applicable to systems installed pursuant to this subsection (g).
(3) Any system approved under this subsection (g) shall be identified on a restrictive covenant filed with the local register of deeds for the property served by the system.
(h) Recognizing the acute need for environmentally safe and economically feasible on-site wastewater disposal systems for sites with marginal soil resources, and further recognizing the potential for development of numerous satisfactory designs, the department is charged to continually strive to identify and/or develop design and operating criteria for systems that have potential for functioning properly on sites with limited soil depth above a limiting horizon (e.g., fragipan, perched water table, rock).
(i) When the undisturbed soil layer above rock is between twenty-four inches (24") and thirty-six inches (36") deep, a conventional disposal system may be installed, if the following requirements are met: (1) The depth of gravel in the trench shall be either eight inches (8"), ten inches (10") or twelve inches (12") with a minimum depth underneath the pipe of three inches (3") and with a minimum depth above the pipe of one inch (1"). As the depth of gravel is reduced to ten inches (10") or eight inches (8"), the length of the trenches will increase proportionately such that the total cubic footage and the infiltrative surface on the side wall of the trenches will remain constant; (2) The original soil surface shall be at least seven inches (7") above the top of the gravel in the trench; (3) There shall be at least nine inches (9") of undisturbed soil between the trench bottom and rock; (4) The disposal field area shall have at least ten inches (10") of backfill above the elevation of the gravel in the trench. A maximum of three inches (3") of the backfill may be compatible soil fill; provided, that all vegetation is removed from the original soil surface and it is plowed to a depth of three inches (3") with a plow prior to the placement of the added soil. The covering soil shall extend, at the required depth, for a distance of five feet (5') beyond the perimeter of the area containing the seepage trenches and then taper to natural soil level with a slope for the covering soil of three feet (3') horizontal to one foot (1') vertical or flatter; and (5) The eighteen inch (18") requirement of subsection (f) does not apply to systems approved under this subsection (i). To the extent they are not inconsistent with this subsection (i), the general regulations governing conventional disposal systems are applicable to systems installed pursuant to this subsection (i).
(1) The depth of gravel in the trench shall be either eight inches (8"), ten inches (10") or twelve inches (12") with a minimum depth underneath the pipe of three inches (3") and with a minimum depth above the pipe of one inch (1"). As the depth of gravel is reduced to ten inches (10") or eight inches (8"), the length of the trenches will increase proportionately such that the total cubic footage and the infiltrative surface on the side wall of the trenches will remain constant;
(2) The original soil surface shall be at least seven inches (7") above the top of the gravel in the trench;
(3) There shall be at least nine inches (9") of undisturbed soil between the trench bottom and rock;
(4) The disposal field area shall have at least ten inches (10") of backfill above the elevation of the gravel in the trench. A maximum of three inches (3") of the backfill may be compatible soil fill; provided, that all vegetation is removed from the original soil surface and it is plowed to a depth of three inches (3") with a plow prior to the placement of the added soil. The covering soil shall extend, at the required depth, for a distance of five feet (5') beyond the perimeter of the area containing the seepage trenches and then taper to natural soil level with a slope for the covering soil of three feet (3') horizontal to one foot (1') vertical or flatter; and
(5) The eighteen inch (18") requirement of subsection (f) does not apply to systems approved under this subsection (i). To the extent they are not inconsistent with this subsection (i), the general regulations governing conventional disposal systems are applicable to systems installed pursuant to this subsection (i).
(j) In addition to the department's authorization for systems which have gained the approval of the National Sanitation Foundation, the department shall also authorize the use of not more than fifty (50) units of any system which meets the National Sanitation Foundation Standard 40 conducted by a research I institution that has an accredited civil and environmental engineering program; provided, that the applicant for any such unit shall, in addition to all other fees prescribed, pay to the department a special inspection fee of one hundred dollars ($100).
(k) Permits shall be issued for the repair of any system in existence prior to July 1, 1990, pursuant to statutes, rules and regulations in effect on June 30, 1990.
(l) The commissioner shall use a portion of the fees imposed and collected pursuant to state law to fund a position in the division of ground water protection. The person filling this position shall perform the following tasks: (1) Determine the number of lots approved by the local health authority and/or the commissioner prior to July 1, 1990, in at least ten (10) counties in this state, which counties shall be selected by the department as representative of counties which have the greatest need for alternative subsurface sewage disposal systems; (2) Gather and compile all readily available information, from other states and from throughout this state, concerning all alternative subsurface sewage disposal systems which might feasibly be used in this state, and make this information available to members of the public; and (3) Communicate on a regular basis with members of the public concerning the availability, cost, environmental advantages, and other factors relevant to alternative subsurface sewage disposal systems.
(1) Determine the number of lots approved by the local health authority and/or the commissioner prior to July 1, 1990, in at least ten (10) counties in this state, which counties shall be selected by the department as representative of counties which have the greatest need for alternative subsurface sewage disposal systems;
(2) Gather and compile all readily available information, from other states and from throughout this state, concerning all alternative subsurface sewage disposal systems which might feasibly be used in this state, and make this information available to members of the public; and
(3) Communicate on a regular basis with members of the public concerning the availability, cost, environmental advantages, and other factors relevant to alternative subsurface sewage disposal systems.
(m) (1) As used in this subsection (m): (A) "Conflict of interest" means: (i) Employment or other affiliation with, or financial interest in, the individual, firm, or corporation engaged in the permit package, inspection report, or construction of the subsurface sewage disposal system; or (ii) A relationship with a family member or other individual involved in the permit package, inspection report, or construction of the subsurface sewage disposal system that could create an appearance of impropriety; (B) "Contract county" means a county that has contracted with the department under subdivision (a)(10); and (C) "Third-party water resources engineer" means an engineer qualified by education or experience in wastewater design, including subsurface sewage disposal systems or land application systems, and who is: (A) Registered with the Tennessee state board of examiners for architects and engineers; (B) Registered with the department as a third-party water resources engineer; and (C) Not employed by the department or the contract county. (2) A person may engage a third-party water resources engineer to prepare a permit package to install a subsurface sewage disposal system pursuant to subdivision (a)(6) in lieu of the department or the contract county. The person, or the person's designee, may submit the permit package to the department or, as applicable, to the contract county, in a form required by the department or the contract county. The permit package must include: (A) The appropriate fee; (B) A copy of the complete subsurface sewage disposal system application, including a soils map prepared by a soil scientist certified by the department; (C) A copy of the sealed plans for the subsurface sewage disposal system; (D) A completed but unsigned permit for construction of the subsurface disposal system; (E) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The subsurface sewage disposal system application package complies with this part, the rules adopted pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part; (iii) There are no remaining deficiencies with the application package; and (iv) All information in the completed but unsigned permit is accurate and complete; and (F) Such other information as the department or the contract county may reasonably require. (3) A person may engage a third-party water resources engineer to conduct the final inspection of a subsurface sewage disposal system pursuant to subdivision (a)(4) in lieu of the department or the contract county. The person, or the person's designee, shall submit the following to the department or the contract county in a form required by the department or the contract county no more than five (5) business days after the date of inspection: (A) The appropriate fee, if a fee is required; (B) A copy of the inspection report prepared by the third-party water resources engineer, including photographs of all key components of the system; (C) A completed, but unsigned, certificate of completion of the subsurface disposal system; (D) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The subsurface sewage disposal system was installed in accordance with the permit; (iii) There are no remaining deficiencies with the subsurface sewage disposal system; and (iv) All information in the completed but unsigned permit is accurate and complete; and (E) Such other information as the department or the contract county may reasonably require. (4) No later than ten (10) business days after receipt of the permit package or inspection report pursuant to this subsection (m), the department or the contract county shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party water resources engineer and applicant; or (C) Request additional information needed to determine compliance with this part, the rules promulgated pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part. (5) If the department or the contract county approves the permit package, then it shall issue the permit for construction of the subsurface disposal system at the time of approval. If the department or the contract county approves the final inspection report, then it shall issue the certificate of completion of the subsurface sewage system at the time of approval. (6) If the department or the contract county rejects the third-party permit package or final inspection report, or requests additional information, receipt by the department or the contract county of a substantive response to that rejection or request begins a new ten-business-day period for review. (7) If the department or the contract county fails to approve, reject, or request additional information concerning the permit package or inspection report within ten (10) business days of receipt, then the department or the contract county shall refund the associated fee but still complete the review. (8) A third-party water resources engineer shall not prepare a permit package or conduct a final inspection if the third-party water resources engineer has a conflict of interest. (9) In reviewing a third-party water resources engineer's permit package or inspection report filed pursuant to this subsection (m), the department's or contract county's determination that a conflict of interest exists constitutes grounds for rejection. (10) The fee charged by the department or contract county for a third-party water resources engineer permit package or final inspection must be the same amount charged by the department or the contract county to perform the same services. (11) If the department or the contract county rejects a third-party water resources engineer's permit package, the applicant may seek a variance pursuant to § 68-221-410 . (12) A soil scientist certified by the department may submit an application for a permit for a subsurface sewage disposal system with a capacity of less than seven hundred fifty (750) gallons per day that includes the completed application, application fee, proposed design, an appropriate intensity soils map signed by a soil scientist certified by the department, and a completed but unsigned permit for construction of the subsurface disposal system.
(1) As used in this subsection (m): (A) "Conflict of interest" means: (i) Employment or other affiliation with, or financial interest in, the individual, firm, or corporation engaged in the permit package, inspection report, or construction of the subsurface sewage disposal system; or (ii) A relationship with a family member or other individual involved in the permit package, inspection report, or construction of the subsurface sewage disposal system that could create an appearance of impropriety; (B) "Contract county" means a county that has contracted with the department under subdivision (a)(10); and (C) "Third-party water resources engineer" means an engineer qualified by education or experience in wastewater design, including subsurface sewage disposal systems or land application systems, and who is: (A) Registered with the Tennessee state board of examiners for architects and engineers; (B) Registered with the department as a third-party water resources engineer; and (C) Not employed by the department or the contract county.
(A) "Conflict of interest" means: (i) Employment or other affiliation with, or financial interest in, the individual, firm, or corporation engaged in the permit package, inspection report, or construction of the subsurface sewage disposal system; or (ii) A relationship with a family member or other individual involved in the permit package, inspection report, or construction of the subsurface sewage disposal system that could create an appearance of impropriety;
(i) Employment or other affiliation with, or financial interest in, the individual, firm, or corporation engaged in the permit package, inspection report, or construction of the subsurface sewage disposal system; or
(ii) A relationship with a family member or other individual involved in the permit package, inspection report, or construction of the subsurface sewage disposal system that could create an appearance of impropriety;
(B) "Contract county" means a county that has contracted with the department under subdivision (a)(10); and
(C) "Third-party water resources engineer" means an engineer qualified by education or experience in wastewater design, including subsurface sewage disposal systems or land application systems, and who is: (A) Registered with the Tennessee state board of examiners for architects and engineers; (B) Registered with the department as a third-party water resources engineer; and (C) Not employed by the department or the contract county.
(A) Registered with the Tennessee state board of examiners for architects and engineers;
(B) Registered with the department as a third-party water resources engineer; and
(C) Not employed by the department or the contract county.
(2) A person may engage a third-party water resources engineer to prepare a permit package to install a subsurface sewage disposal system pursuant to subdivision (a)(6) in lieu of the department or the contract county. The person, or the person's designee, may submit the permit package to the department or, as applicable, to the contract county, in a form required by the department or the contract county. The permit package must include: (A) The appropriate fee; (B) A copy of the complete subsurface sewage disposal system application, including a soils map prepared by a soil scientist certified by the department; (C) A copy of the sealed plans for the subsurface sewage disposal system; (D) A completed but unsigned permit for construction of the subsurface disposal system; (E) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The subsurface sewage disposal system application package complies with this part, the rules adopted pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part; (iii) There are no remaining deficiencies with the application package; and (iv) All information in the completed but unsigned permit is accurate and complete; and (F) Such other information as the department or the contract county may reasonably require.
(A) The appropriate fee;
(B) A copy of the complete subsurface sewage disposal system application, including a soils map prepared by a soil scientist certified by the department;
(C) A copy of the sealed plans for the subsurface sewage disposal system;
(D) A completed but unsigned permit for construction of the subsurface disposal system;
(E) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The subsurface sewage disposal system application package complies with this part, the rules adopted pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part; (iii) There are no remaining deficiencies with the application package; and (iv) All information in the completed but unsigned permit is accurate and complete; and
(i) The name and registration number of the third-party water resources engineer;
(ii) The subsurface sewage disposal system application package complies with this part, the rules adopted pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part;
(iii) There are no remaining deficiencies with the application package; and
(iv) All information in the completed but unsigned permit is accurate and complete; and
(F) Such other information as the department or the contract county may reasonably require.
(3) A person may engage a third-party water resources engineer to conduct the final inspection of a subsurface sewage disposal system pursuant to subdivision (a)(4) in lieu of the department or the contract county. The person, or the person's designee, shall submit the following to the department or the contract county in a form required by the department or the contract county no more than five (5) business days after the date of inspection: (A) The appropriate fee, if a fee is required; (B) A copy of the inspection report prepared by the third-party water resources engineer, including photographs of all key components of the system; (C) A completed, but unsigned, certificate of completion of the subsurface disposal system; (D) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The subsurface sewage disposal system was installed in accordance with the permit; (iii) There are no remaining deficiencies with the subsurface sewage disposal system; and (iv) All information in the completed but unsigned permit is accurate and complete; and (E) Such other information as the department or the contract county may reasonably require.
(A) The appropriate fee, if a fee is required;
(B) A copy of the inspection report prepared by the third-party water resources engineer, including photographs of all key components of the system;
(C) A completed, but unsigned, certificate of completion of the subsurface disposal system;
(D) A sworn statement under penalty of perjury by the third-party water resources engineer, stating the following: (i) The name and registration number of the third-party water resources engineer; (ii) The subsurface sewage disposal system was installed in accordance with the permit; (iii) There are no remaining deficiencies with the subsurface sewage disposal system; and (iv) All information in the completed but unsigned permit is accurate and complete; and
(i) The name and registration number of the third-party water resources engineer;
(ii) The subsurface sewage disposal system was installed in accordance with the permit;
(iii) There are no remaining deficiencies with the subsurface sewage disposal system; and
(iv) All information in the completed but unsigned permit is accurate and complete; and
(E) Such other information as the department or the contract county may reasonably require.
(4) No later than ten (10) business days after receipt of the permit package or inspection report pursuant to this subsection (m), the department or the contract county shall review the submission and: (A) Approve the submission; (B) Reject the submission and submit a report of deficiencies found in the submission to the third-party water resources engineer and applicant; or (C) Request additional information needed to determine compliance with this part, the rules promulgated pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part.
(A) Approve the submission;
(B) Reject the submission and submit a report of deficiencies found in the submission to the third-party water resources engineer and applicant; or
(C) Request additional information needed to determine compliance with this part, the rules promulgated pursuant to this part, and standards of the contract county that are more stringent than those required by this part or rules adopted pursuant to this part.
(5) If the department or the contract county approves the permit package, then it shall issue the permit for construction of the subsurface disposal system at the time of approval. If the department or the contract county approves the final inspection report, then it shall issue the certificate of completion of the subsurface sewage system at the time of approval.
(6) If the department or the contract county rejects the third-party permit package or final inspection report, or requests additional information, receipt by the department or the contract county of a substantive response to that rejection or request begins a new ten-business-day period for review.
(7) If the department or the contract county fails to approve, reject, or request additional information concerning the permit package or inspection report within ten (10) business days of receipt, then the department or the contract county shall refund the associated fee but still complete the review.
(8) A third-party water resources engineer shall not prepare a permit package or conduct a final inspection if the third-party water resources engineer has a conflict of interest.
(9) In reviewing a third-party water resources engineer's permit package or inspection report filed pursuant to this subsection (m), the department's or contract county's determination that a conflict of interest exists constitutes grounds for rejection.
(10) The fee charged by the department or contract county for a third-party water resources engineer permit package or final inspection must be the same amount charged by the department or the contract county to perform the same services.
(11) If the department or the contract county rejects a third-party water resources engineer's permit package, the applicant may seek a variance pursuant to § 68-221-410 .
(12) A soil scientist certified by the department may submit an application for a permit for a subsurface sewage disposal system with a capacity of less than seven hundred fifty (750) gallons per day that includes the completed application, application fee, proposed design, an appropriate intensity soils map signed by a soil scientist certified by the department, and a completed but unsigned permit for construction of the subsurface disposal system.
Amended by 2024 Tenn. Acts, ch. 771,s 6, eff. 10/1/2024.
Amended by 2020 Tenn. Acts, ch. 726, s 1, eff. 6/22/2020.
Acts 1973, ch. 188, §§ 3-13; 1975, ch. 301, §§ 1, 3; 1976, ch. 629, § 1; 1979, ch. 212, § 1; 1980, ch. 465, § 1; 1980, ch. 855, §§ 1, 2; 1982, ch. 781, § 1; T.C.A., § 53-2044; Acts 1983, ch. 477, §§ 1, 2; 1986, ch. 735, § 2; 1987, ch. 246, § 1; 1989, ch. 485, §§ 1-5; 1990, ch. 705, § 1; 1990, ch. 1063, § 1; 1991, ch. 417, § 9; 1991, ch. 513, §§ 1-4, 6; T.C.A., § 68-13-403; Acts 1993, ch. 325, § 3; 1998, ch. 748, § 1; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 68-201-105 — TN Code / Title 68 / Chapter 201 / Section 68-201-105
Powers and duties of board - Notification of vacancy - Termination due to vacancy - Conflict of interest policy
Status: in_force

(a) (1) The board has the power and duty to: (A) Promulgate rules and regulations to effect the intent and purpose of this part, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules and regulations may include, but are not necessarily limited to, those defining: ambient air quality standards; emission standards; general policies or plans; a system of permits; and a schedule of fees for review of plans and specifications, issuance or renewal of permits or inspection of air contaminant sources. Emission standards for stationary sources adopted by the board shall include regulations based on the weight of materials entering the process causing the emission as an optional alternative to regulations previously adopted; (B) Promulgate rules that authorize the technical secretary to issue permits that contain all provisions applicable to sources that are necessary under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) and the effective regulations pursuant to such act, and that are necessary under this chapter and the effective rules of the board. The issuance of a permit by the technical secretary under the rules authorized by this subsection (a) shall not repeal by implication any rules of the board. The board shall monitor regulations under the Clean Air Act that are proposed by the United States environmental protection agency. If the environmental protection agency promulgates a rule that would roll back federal requirements under the Clean Air Act, the board shall initiate rulemaking on that subject and determine whether Tennessee should have a more restrictive rule than the federal rule on that subject; (2) Hold hearings and issue such orders and determinations as may be necessary to effect the intent and purpose of this part; (3) Establish, modify, or amend, without hearing, policies, practices, rules or regulations with respect to procedural aspects of board activities; and (4) Cause legal proceedings to be instituted in a court of competent jurisdiction, to compel compliance with any order issued by the board, requirement of this part, or rule or regulation adopted pursuant to this part. (b) The department has the power and duty to: (1) Develop and recommend to the board plans for a comprehensive air pollution control program for the state, to review such plans from time to time and recommend to the board such changes as may be deemed appropriate; (2) Require that any person furnish the department information required by it in discharge of its duties under this part, if the department has reason to believe such person is, or may be about to, causing or contributing to air pollution; provided, that no such person shall be required to disclose any secret formulae, processes or methods used in any manufacturing operation carried on by such person or under such person's direction. The composition of air contaminants shall not be considered secret unless so declared by the department, and the department shall have the power to issue protection orders to prevent public dissemination; (3) Enter at all reasonable times in or upon any private or public property except private residences for the purpose of inspecting and investigating any condition which the department shall have reasonable cause to believe to be an air contaminant source; (4) Provide such technical, scientific and other services as may be required for carrying out this part. The basic personnel for such purposes shall be those employed by the department; however, the department, may, by agreement, secure these or other services from any other agency, and within budgetary limitations may arrange compensation for such services; (5) Receive, budget, receipt for and administer such moneys as are duly appropriated or granted for the purpose of this part; provided, that all such moneys shall be deposited with the state treasurer; (6) Represent the state in matters pertaining to plans, procedures or negotiations for interstate compacts relative to air pollution or in matters pertaining to air quality control regions; (7) Collect and disseminate information relative to air pollution; encourage voluntary cooperation of affected persons or groups in preserving and restoring a reasonable degree of air purity; advise, consult and cooperate with other agencies, persons or groups in matters pertaining to air pollution; and encourage authorized air pollution agencies of political subdivisions to handle air pollution problems within their respective jurisdictions to the greatest extent possible and to provide technical assistance to political subdivisions requesting same; and (8) Cause to be instituted in a court of competent jurisdiction legal proceedings to compel compliance with any order issued by the board. (c) In exercising their powers and duties relative to major energy projects, as defined in § 13-18-102 , the board and the departments shall participate in the joint review process and expedited review process provided for by the Major Energy Project Act of 1981, compiled in title 13, chapter 18. (d) (1) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, the board shall report to the government operations committees of the house of representatives and the senate as to why such vacancies have not been filled. (2) If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that the board shall wind up its affairs pursuant to § 4-29-112 . If the board is terminated pursuant to subdivision (d)(1) it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act before ceasing all its activities. Nothing in subdivision (d)(1) shall prohibit the general assembly from continuing, restructuring, or re-establishing the board. (e) The board shall adopt and implement rules and regulations to create a conflict of interest policy for board members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by board members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the board to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy. Acts 1967, ch. 367, § 5; 1971, ch. 321, § 1; 1971, ch. 362, §§ 6, 11; modified; Acts 1979, ch. 299, § 7; 1981, ch. 131, § 27; T.C.A., § 53-3412; Acts 1984, ch. 788, § 4; T.C.A., § 68-25-105; Acts 2000, ch. 835, § 4; 2002, ch. 701, § 1; 2012 , ch. 765, § 5.
(a) (1) The board has the power and duty to: (A) Promulgate rules and regulations to effect the intent and purpose of this part, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules and regulations may include, but are not necessarily limited to, those defining: ambient air quality standards; emission standards; general policies or plans; a system of permits; and a schedule of fees for review of plans and specifications, issuance or renewal of permits or inspection of air contaminant sources. Emission standards for stationary sources adopted by the board shall include regulations based on the weight of materials entering the process causing the emission as an optional alternative to regulations previously adopted; (B) Promulgate rules that authorize the technical secretary to issue permits that contain all provisions applicable to sources that are necessary under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) and the effective regulations pursuant to such act, and that are necessary under this chapter and the effective rules of the board. The issuance of a permit by the technical secretary under the rules authorized by this subsection (a) shall not repeal by implication any rules of the board. The board shall monitor regulations under the Clean Air Act that are proposed by the United States environmental protection agency. If the environmental protection agency promulgates a rule that would roll back federal requirements under the Clean Air Act, the board shall initiate rulemaking on that subject and determine whether Tennessee should have a more restrictive rule than the federal rule on that subject; (2) Hold hearings and issue such orders and determinations as may be necessary to effect the intent and purpose of this part; (3) Establish, modify, or amend, without hearing, policies, practices, rules or regulations with respect to procedural aspects of board activities; and (4) Cause legal proceedings to be instituted in a court of competent jurisdiction, to compel compliance with any order issued by the board, requirement of this part, or rule or regulation adopted pursuant to this part.
(1) The board has the power and duty to: (A) Promulgate rules and regulations to effect the intent and purpose of this part, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules and regulations may include, but are not necessarily limited to, those defining: ambient air quality standards; emission standards; general policies or plans; a system of permits; and a schedule of fees for review of plans and specifications, issuance or renewal of permits or inspection of air contaminant sources. Emission standards for stationary sources adopted by the board shall include regulations based on the weight of materials entering the process causing the emission as an optional alternative to regulations previously adopted; (B) Promulgate rules that authorize the technical secretary to issue permits that contain all provisions applicable to sources that are necessary under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) and the effective regulations pursuant to such act, and that are necessary under this chapter and the effective rules of the board. The issuance of a permit by the technical secretary under the rules authorized by this subsection (a) shall not repeal by implication any rules of the board. The board shall monitor regulations under the Clean Air Act that are proposed by the United States environmental protection agency. If the environmental protection agency promulgates a rule that would roll back federal requirements under the Clean Air Act, the board shall initiate rulemaking on that subject and determine whether Tennessee should have a more restrictive rule than the federal rule on that subject;
(A) Promulgate rules and regulations to effect the intent and purpose of this part, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules and regulations may include, but are not necessarily limited to, those defining: ambient air quality standards; emission standards; general policies or plans; a system of permits; and a schedule of fees for review of plans and specifications, issuance or renewal of permits or inspection of air contaminant sources. Emission standards for stationary sources adopted by the board shall include regulations based on the weight of materials entering the process causing the emission as an optional alternative to regulations previously adopted;
(B) Promulgate rules that authorize the technical secretary to issue permits that contain all provisions applicable to sources that are necessary under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) and the effective regulations pursuant to such act, and that are necessary under this chapter and the effective rules of the board. The issuance of a permit by the technical secretary under the rules authorized by this subsection (a) shall not repeal by implication any rules of the board. The board shall monitor regulations under the Clean Air Act that are proposed by the United States environmental protection agency. If the environmental protection agency promulgates a rule that would roll back federal requirements under the Clean Air Act, the board shall initiate rulemaking on that subject and determine whether Tennessee should have a more restrictive rule than the federal rule on that subject;
(2) Hold hearings and issue such orders and determinations as may be necessary to effect the intent and purpose of this part;
(3) Establish, modify, or amend, without hearing, policies, practices, rules or regulations with respect to procedural aspects of board activities; and
(4) Cause legal proceedings to be instituted in a court of competent jurisdiction, to compel compliance with any order issued by the board, requirement of this part, or rule or regulation adopted pursuant to this part.
(b) The department has the power and duty to: (1) Develop and recommend to the board plans for a comprehensive air pollution control program for the state, to review such plans from time to time and recommend to the board such changes as may be deemed appropriate; (2) Require that any person furnish the department information required by it in discharge of its duties under this part, if the department has reason to believe such person is, or may be about to, causing or contributing to air pollution; provided, that no such person shall be required to disclose any secret formulae, processes or methods used in any manufacturing operation carried on by such person or under such person's direction. The composition of air contaminants shall not be considered secret unless so declared by the department, and the department shall have the power to issue protection orders to prevent public dissemination; (3) Enter at all reasonable times in or upon any private or public property except private residences for the purpose of inspecting and investigating any condition which the department shall have reasonable cause to believe to be an air contaminant source; (4) Provide such technical, scientific and other services as may be required for carrying out this part. The basic personnel for such purposes shall be those employed by the department; however, the department, may, by agreement, secure these or other services from any other agency, and within budgetary limitations may arrange compensation for such services; (5) Receive, budget, receipt for and administer such moneys as are duly appropriated or granted for the purpose of this part; provided, that all such moneys shall be deposited with the state treasurer; (6) Represent the state in matters pertaining to plans, procedures or negotiations for interstate compacts relative to air pollution or in matters pertaining to air quality control regions; (7) Collect and disseminate information relative to air pollution; encourage voluntary cooperation of affected persons or groups in preserving and restoring a reasonable degree of air purity; advise, consult and cooperate with other agencies, persons or groups in matters pertaining to air pollution; and encourage authorized air pollution agencies of political subdivisions to handle air pollution problems within their respective jurisdictions to the greatest extent possible and to provide technical assistance to political subdivisions requesting same; and (8) Cause to be instituted in a court of competent jurisdiction legal proceedings to compel compliance with any order issued by the board.
(1) Develop and recommend to the board plans for a comprehensive air pollution control program for the state, to review such plans from time to time and recommend to the board such changes as may be deemed appropriate;
(2) Require that any person furnish the department information required by it in discharge of its duties under this part, if the department has reason to believe such person is, or may be about to, causing or contributing to air pollution; provided, that no such person shall be required to disclose any secret formulae, processes or methods used in any manufacturing operation carried on by such person or under such person's direction. The composition of air contaminants shall not be considered secret unless so declared by the department, and the department shall have the power to issue protection orders to prevent public dissemination;
(3) Enter at all reasonable times in or upon any private or public property except private residences for the purpose of inspecting and investigating any condition which the department shall have reasonable cause to believe to be an air contaminant source;
(4) Provide such technical, scientific and other services as may be required for carrying out this part. The basic personnel for such purposes shall be those employed by the department; however, the department, may, by agreement, secure these or other services from any other agency, and within budgetary limitations may arrange compensation for such services;
(5) Receive, budget, receipt for and administer such moneys as are duly appropriated or granted for the purpose of this part; provided, that all such moneys shall be deposited with the state treasurer;
(6) Represent the state in matters pertaining to plans, procedures or negotiations for interstate compacts relative to air pollution or in matters pertaining to air quality control regions;
(7) Collect and disseminate information relative to air pollution; encourage voluntary cooperation of affected persons or groups in preserving and restoring a reasonable degree of air purity; advise, consult and cooperate with other agencies, persons or groups in matters pertaining to air pollution; and encourage authorized air pollution agencies of political subdivisions to handle air pollution problems within their respective jurisdictions to the greatest extent possible and to provide technical assistance to political subdivisions requesting same; and
(8) Cause to be instituted in a court of competent jurisdiction legal proceedings to compel compliance with any order issued by the board.
(c) In exercising their powers and duties relative to major energy projects, as defined in § 13-18-102 , the board and the departments shall participate in the joint review process and expedited review process provided for by the Major Energy Project Act of 1981, compiled in title 13, chapter 18.
(d) (1) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, the board shall report to the government operations committees of the house of representatives and the senate as to why such vacancies have not been filled. (2) If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that the board shall wind up its affairs pursuant to § 4-29-112 . If the board is terminated pursuant to subdivision (d)(1) it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act before ceasing all its activities. Nothing in subdivision (d)(1) shall prohibit the general assembly from continuing, restructuring, or re-establishing the board.
(1) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, the board shall report to the government operations committees of the house of representatives and the senate as to why such vacancies have not been filled.
(2) If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that the board shall wind up its affairs pursuant to § 4-29-112 . If the board is terminated pursuant to subdivision (d)(1) it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act before ceasing all its activities. Nothing in subdivision (d)(1) shall prohibit the general assembly from continuing, restructuring, or re-establishing the board.
(e) The board shall adopt and implement rules and regulations to create a conflict of interest policy for board members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by board members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the board to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy.
Acts 1967, ch. 367, § 5; 1971, ch. 321, § 1; 1971, ch. 362, §§ 6, 11; modified; Acts 1979, ch. 299, § 7; 1981, ch. 131, § 27; T.C.A., § 53-3412; Acts 1984, ch. 788, § 4; T.C.A., § 68-25-105; Acts 2000, ch. 835, § 4; 2002, ch. 701, § 1; 2012 , ch. 765, § 5.
Tenn. Code Ann. § 68-201-115 — TN Code / Title 68 / Chapter 201 / Section 68-201-115
Local pollution control programs - Exemption from state supervision - Applicability of part to air contaminant sources burning wood waste - Open burning of wood waste
Status: in_force

(a) Any municipality or county in this state may enact, by ordinance or resolution respectively, air pollution control regulations not less stringent than the standards adopted for the state pursuant to this part, or any such municipality or county may also adopt or repeal an ordinance or resolution which incorporates by reference any or all of the regulations of the board, or any federal regulations including any changes in such regulations, when such regulations are properly identified as to date and source. Copies of air pollution regulations shall be made available to any interested party, and the city or municipality may charge reasonable compensatory fees for providing such copies. At least three (3) copies of such regulations that are incorporated by reference shall be filed in the office of the county clerk and there kept for public use, inspection and examination. The filing requirements shall not be deemed to be complied with, unless the required copies of such regulations are filed with the clerk for a period of thirty (30) days before the adoption of the ordinance or resolution which incorporated such regulations by reference. No ordinance or resolution incorporating regulations by reference shall be effective until published in a newspaper having a general circulation in the municipality or county. (b) Before such ordinances or resolutions enacting air pollution control regulations becomes effective, such municipality or county must apply for and receive from the board a certificate of exemption by the following procedure: (1) Any political subdivision desiring to be exempted from this part may file a petition for certificate of exemption with the technical secretary. The technical secretary shall promptly investigate such petition and make recommendation to the board as to its disposition; (2) Upon receiving the recommendation of the technical secretary, the board may, if such recommendation is for the granting of the petition, do so without hearing. If the recommendation of the technical secretary is against the granting of the petition 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 receipt of recommendation of the technical secretary by the board; (3) The certificate of exemption shall be granted if the board determines that: (A) The municipality or county has enacted provisions for the control of air pollution not less stringent than this part; (B) The enactments referenced in subdivision (b)(3)(A) are being, or will be, adequately enforced; and (C) The granting of the certificate will not interfere with the state's goal of maintaining the purity of the air resources of the state; (4) The board may grant a certificate of exemption, in whole or in part, may prescribe a time schedule for various parts of an exemption to become effective, and may make a certificate of exemption conditional or provisional as is deemed appropriate; (5) In granting any certificate of exemption, there is reserved to the state the right to initiate proceedings to enforce any applicable resolution, ordinance or regulation of the municipality or county should it fail to obtain compliance with the resolution, ordinance or regulation. Such proceedings shall be the same as for enforcement of any duly promulgated rule or regulation of the board; (6) In granting any certificate of exemption, the exemption is to be strictly construed as limited to the language of the exemption. No power or authority that is not expressly stated in the certificate of exemption may be implied. The municipality or county may further petition the board for such power or authority; and (7) The department shall frequently determine whether or not any exempted municipality or county meets the terms of the exemption granted and continues to comply with this section. If a determination is made that the municipality or county does not meet the terms of the exemption granted or does not comply with this section, the department shall so notify the board, and the board, upon reasonable notice to the municipality, may suspend the exemption in whole or in part until such time as the municipality or county complies with the state standards. (c) (1) All new certificates of exemption shall be for a fixed term not to exceed two (2) years. This part does not apply to emissions from any air contaminant source, as defined in this part, which burns wood waste solely for the disposition of such wood waste; provided, however, that open burning of wood waste within two hundred feet (200') of an occupied building by any person other than an occupant of the building shall only be conducted as follows: (A) At least one (1) person shall be constantly present at the burning during the entire time of the burn; (B) Each burn shall not exceed forty-eight (48) hours in duration; (C) Burning shall not occur more than twice in any thirty-day period; and (D) If the burning occurs within one hundred feet (100') of an occupied building, it may only occur if an adult occupant of the building gives written authorization for the burn to occur and has not rescinded the authorization in writing. (2) Provided further, however, that, if a local government has enacted or enacts more stringent requirements concerning such open burning of wood waste, those provisions shall control over the requirements of this subsection (c). (d) Local government actions taken in accordance with this section shall be conducted in accordance with the Major Energy Project Act of 1981, compiled in title 13, chapter 18, when the action includes a major energy project, as defined in § 13-18-102 . (e) (1) If a municipality or county has received a certificate of exemption pursuant to this section, then the municipality or county shall offer a process to grant waivers from its open burning regulations. (2) Open burning waivers may be approved by the director of the municipal or county air pollution program, if there is no other practical, safe, and lawful method of disposal; provided, that the burning is conducted in a manner to protect public health and the environment. (3) Nothing in this subsection (e) shall be construed as eliminating or limiting the sanctions or obligations imposed by title 39, chapter 14, part 3. (f) No municipality or county shall include land use or zoning requirements in its air pollution control regulations or the municipality's or county's certificate of exemption granting the municipality or county the authority to enact the regulations. (g) No municipality or county shall request that the board include land use or zoning requirements in the state implementation plan submitted to the United States environmental protection agency pursuant to 42 U.S.C. § 7410 . Amended by 2017 Tenn. Acts, ch. 284, Secs.s 1, s 2 eff. 5/4/2017. Amended by 2013 Tenn. Acts, ch. 156, s 1, eff. 4/16/2013. Acts 1967, ch. 367, § 15; 1971, ch. 266, § 1; 1971, ch. 365, §§ 1, 2; 1972, ch. 787, § 1; 1973, ch. 325, §§ 4, 6; 1974, ch. 598, § 1; 1975, ch. 359, § 1; 1977, ch. 116, § 1; 1977, ch. 169, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 299, § 7; 1981, ch. 131, § 29; T.C.A., § 53-3422; Acts 1984, ch. 788, § 12; T.C.A., § 68-25-115; Acts 1994, ch. 658, §§ 1-3; 2007 , ch. 559, § 1.
(a) Any municipality or county in this state may enact, by ordinance or resolution respectively, air pollution control regulations not less stringent than the standards adopted for the state pursuant to this part, or any such municipality or county may also adopt or repeal an ordinance or resolution which incorporates by reference any or all of the regulations of the board, or any federal regulations including any changes in such regulations, when such regulations are properly identified as to date and source. Copies of air pollution regulations shall be made available to any interested party, and the city or municipality may charge reasonable compensatory fees for providing such copies. At least three (3) copies of such regulations that are incorporated by reference shall be filed in the office of the county clerk and there kept for public use, inspection and examination. The filing requirements shall not be deemed to be complied with, unless the required copies of such regulations are filed with the clerk for a period of thirty (30) days before the adoption of the ordinance or resolution which incorporated such regulations by reference. No ordinance or resolution incorporating regulations by reference shall be effective until published in a newspaper having a general circulation in the municipality or county.
(b) Before such ordinances or resolutions enacting air pollution control regulations becomes effective, such municipality or county must apply for and receive from the board a certificate of exemption by the following procedure: (1) Any political subdivision desiring to be exempted from this part may file a petition for certificate of exemption with the technical secretary. The technical secretary shall promptly investigate such petition and make recommendation to the board as to its disposition; (2) Upon receiving the recommendation of the technical secretary, the board may, if such recommendation is for the granting of the petition, do so without hearing. If the recommendation of the technical secretary is against the granting of the petition 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 receipt of recommendation of the technical secretary by the board; (3) The certificate of exemption shall be granted if the board determines that: (A) The municipality or county has enacted provisions for the control of air pollution not less stringent than this part; (B) The enactments referenced in subdivision (b)(3)(A) are being, or will be, adequately enforced; and (C) The granting of the certificate will not interfere with the state's goal of maintaining the purity of the air resources of the state; (4) The board may grant a certificate of exemption, in whole or in part, may prescribe a time schedule for various parts of an exemption to become effective, and may make a certificate of exemption conditional or provisional as is deemed appropriate; (5) In granting any certificate of exemption, there is reserved to the state the right to initiate proceedings to enforce any applicable resolution, ordinance or regulation of the municipality or county should it fail to obtain compliance with the resolution, ordinance or regulation. Such proceedings shall be the same as for enforcement of any duly promulgated rule or regulation of the board; (6) In granting any certificate of exemption, the exemption is to be strictly construed as limited to the language of the exemption. No power or authority that is not expressly stated in the certificate of exemption may be implied. The municipality or county may further petition the board for such power or authority; and (7) The department shall frequently determine whether or not any exempted municipality or county meets the terms of the exemption granted and continues to comply with this section. If a determination is made that the municipality or county does not meet the terms of the exemption granted or does not comply with this section, the department shall so notify the board, and the board, upon reasonable notice to the municipality, may suspend the exemption in whole or in part until such time as the municipality or county complies with the state standards.
(1) Any political subdivision desiring to be exempted from this part may file a petition for certificate of exemption with the technical secretary. The technical secretary shall promptly investigate such petition and make recommendation to the board as to its disposition;
(2) Upon receiving the recommendation of the technical secretary, the board may, if such recommendation is for the granting of the petition, do so without hearing. If the recommendation of the technical secretary is against the granting of the petition 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 receipt of recommendation of the technical secretary by the board;
(3) The certificate of exemption shall be granted if the board determines that: (A) The municipality or county has enacted provisions for the control of air pollution not less stringent than this part; (B) The enactments referenced in subdivision (b)(3)(A) are being, or will be, adequately enforced; and (C) The granting of the certificate will not interfere with the state's goal of maintaining the purity of the air resources of the state;
(A) The municipality or county has enacted provisions for the control of air pollution not less stringent than this part;
(B) The enactments referenced in subdivision (b)(3)(A) are being, or will be, adequately enforced; and
(C) The granting of the certificate will not interfere with the state's goal of maintaining the purity of the air resources of the state;
(4) The board may grant a certificate of exemption, in whole or in part, may prescribe a time schedule for various parts of an exemption to become effective, and may make a certificate of exemption conditional or provisional as is deemed appropriate;
(5) In granting any certificate of exemption, there is reserved to the state the right to initiate proceedings to enforce any applicable resolution, ordinance or regulation of the municipality or county should it fail to obtain compliance with the resolution, ordinance or regulation. Such proceedings shall be the same as for enforcement of any duly promulgated rule or regulation of the board;
(6) In granting any certificate of exemption, the exemption is to be strictly construed as limited to the language of the exemption. No power or authority that is not expressly stated in the certificate of exemption may be implied. The municipality or county may further petition the board for such power or authority; and
(7) The department shall frequently determine whether or not any exempted municipality or county meets the terms of the exemption granted and continues to comply with this section. If a determination is made that the municipality or county does not meet the terms of the exemption granted or does not comply with this section, the department shall so notify the board, and the board, upon reasonable notice to the municipality, may suspend the exemption in whole or in part until such time as the municipality or county complies with the state standards.
(c) (1) All new certificates of exemption shall be for a fixed term not to exceed two (2) years. This part does not apply to emissions from any air contaminant source, as defined in this part, which burns wood waste solely for the disposition of such wood waste; provided, however, that open burning of wood waste within two hundred feet (200') of an occupied building by any person other than an occupant of the building shall only be conducted as follows: (A) At least one (1) person shall be constantly present at the burning during the entire time of the burn; (B) Each burn shall not exceed forty-eight (48) hours in duration; (C) Burning shall not occur more than twice in any thirty-day period; and (D) If the burning occurs within one hundred feet (100') of an occupied building, it may only occur if an adult occupant of the building gives written authorization for the burn to occur and has not rescinded the authorization in writing. (2) Provided further, however, that, if a local government has enacted or enacts more stringent requirements concerning such open burning of wood waste, those provisions shall control over the requirements of this subsection (c).
(1) All new certificates of exemption shall be for a fixed term not to exceed two (2) years. This part does not apply to emissions from any air contaminant source, as defined in this part, which burns wood waste solely for the disposition of such wood waste; provided, however, that open burning of wood waste within two hundred feet (200') of an occupied building by any person other than an occupant of the building shall only be conducted as follows: (A) At least one (1) person shall be constantly present at the burning during the entire time of the burn; (B) Each burn shall not exceed forty-eight (48) hours in duration; (C) Burning shall not occur more than twice in any thirty-day period; and (D) If the burning occurs within one hundred feet (100') of an occupied building, it may only occur if an adult occupant of the building gives written authorization for the burn to occur and has not rescinded the authorization in writing.
(A) At least one (1) person shall be constantly present at the burning during the entire time of the burn;
(B) Each burn shall not exceed forty-eight (48) hours in duration;
(C) Burning shall not occur more than twice in any thirty-day period; and
(D) If the burning occurs within one hundred feet (100') of an occupied building, it may only occur if an adult occupant of the building gives written authorization for the burn to occur and has not rescinded the authorization in writing.
(2) Provided further, however, that, if a local government has enacted or enacts more stringent requirements concerning such open burning of wood waste, those provisions shall control over the requirements of this subsection (c).
(d) Local government actions taken in accordance with this section shall be conducted in accordance with the Major Energy Project Act of 1981, compiled in title 13, chapter 18, when the action includes a major energy project, as defined in § 13-18-102 .
(e) (1) If a municipality or county has received a certificate of exemption pursuant to this section, then the municipality or county shall offer a process to grant waivers from its open burning regulations. (2) Open burning waivers may be approved by the director of the municipal or county air pollution program, if there is no other practical, safe, and lawful method of disposal; provided, that the burning is conducted in a manner to protect public health and the environment. (3) Nothing in this subsection (e) shall be construed as eliminating or limiting the sanctions or obligations imposed by title 39, chapter 14, part 3.
(1) If a municipality or county has received a certificate of exemption pursuant to this section, then the municipality or county shall offer a process to grant waivers from its open burning regulations.
(2) Open burning waivers may be approved by the director of the municipal or county air pollution program, if there is no other practical, safe, and lawful method of disposal; provided, that the burning is conducted in a manner to protect public health and the environment.
(3) Nothing in this subsection (e) shall be construed as eliminating or limiting the sanctions or obligations imposed by title 39, chapter 14, part 3.
(f) No municipality or county shall include land use or zoning requirements in its air pollution control regulations or the municipality's or county's certificate of exemption granting the municipality or county the authority to enact the regulations.
(g) No municipality or county shall request that the board include land use or zoning requirements in the state implementation plan submitted to the United States environmental protection agency pursuant to 42 U.S.C. § 7410 .
Amended by 2017 Tenn. Acts, ch. 284, Secs.s 1, s 2 eff. 5/4/2017.
Amended by 2013 Tenn. Acts, ch. 156, s 1, eff. 4/16/2013.
Acts 1967, ch. 367, § 15; 1971, ch. 266, § 1; 1971, ch. 365, §§ 1, 2; 1972, ch. 787, § 1; 1973, ch. 325, §§ 4, 6; 1974, ch. 598, § 1; 1975, ch. 359, § 1; 1977, ch. 116, § 1; 1977, ch. 169, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 299, § 7; 1981, ch. 131, § 29; T.C.A., § 53-3422; Acts 1984, ch. 788, § 12; T.C.A., § 68-25-115; Acts 1994, ch. 658, §§ 1-3; 2007 , ch. 559, § 1.
Tenn. Code Ann. § 68-212-113 — TN Code / Title 68 / Chapter 212 / Section 68-212-113
Review of orders - Judicial review
Status: in_force

(a) (1) Any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons named therein shall file such petition for a hearing before the board no later than thirty (30) days after the date such order is served. (2) (A) Any person whose permit application for a hazardous waste transportation, storage, treatment or disposal facility is denied by the commissioner may secure a review of the commissioner's denial by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's denial and requesting a hearing before the board. Any denial of a permit application shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after notice of denial is served. (B) A petition for permit appeal may be filed, pursuant to this subdivision (a)(2)(B), by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. Any petition for permit appeal under this subdivision (a)(2)(B) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to issue or deny the final permit. Notwithstanding § 4-5-223 or any other law to the contrary, this subdivision (a)(2)(B) shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought. (3) In the event the commissioner fails to take any action on a permit application or proposed amendment to a permit for a hazardous waste transportation, storage, treatment, or disposal facility within forty-five (45) days of submission to the proper authority, the person having submitted such application may appeal to the board as though the application was denied. The petition shall recite the failure of the commissioner to act on the application. No permit shall be issued by the commissioner except in a manner pursuant to this part or regulations promulgated pursuant to this part. (b) The hearing before the board on any petition filed under subsection (a) shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties; provided that in a petition filed under subdivision (a)(2)(B) the judge shall hold the hearing in the county where the facility or site is proposed to be located. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case, issued by the administrative judge, shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date is stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed under § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board. (c) An appeal may be taken from any final order or other final determination of the board by any party, including the department, who is or may be adversely affected thereby to the chancery court of Davidson County. The chancery court of Davidson County shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part; provided, that the judicial review of any final decision of the board shall be made pursuant to the procedures established and set forth in the Uniform Administrative Procedures Act. Amended by 2014 Tenn. Acts, ch. 507, s 4, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 181, s 8, eff. 7/1/2013. Acts 1977, ch. 175, § 12; 1979, ch. 410, § 7; 1980, ch. 899, § 15; T.C.A., § 53-6313; Acts 1984, ch. 577, § 10; 1985, ch. 337, § 4; 1988, ch. 559, § 3; 1989, ch. 321, § 11; 1989, ch. 552, § 7; T.C.A., § 68-46-113.
(a) (1) Any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons named therein shall file such petition for a hearing before the board no later than thirty (30) days after the date such order is served. (2) (A) Any person whose permit application for a hazardous waste transportation, storage, treatment or disposal facility is denied by the commissioner may secure a review of the commissioner's denial by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's denial and requesting a hearing before the board. Any denial of a permit application shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after notice of denial is served. (B) A petition for permit appeal may be filed, pursuant to this subdivision (a)(2)(B), by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. Any petition for permit appeal under this subdivision (a)(2)(B) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to issue or deny the final permit. Notwithstanding § 4-5-223 or any other law to the contrary, this subdivision (a)(2)(B) shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought. (3) In the event the commissioner fails to take any action on a permit application or proposed amendment to a permit for a hazardous waste transportation, storage, treatment, or disposal facility within forty-five (45) days of submission to the proper authority, the person having submitted such application may appeal to the board as though the application was denied. The petition shall recite the failure of the commissioner to act on the application. No permit shall be issued by the commissioner except in a manner pursuant to this part or regulations promulgated pursuant to this part.
(1) Any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons named therein shall file such petition for a hearing before the board no later than thirty (30) days after the date such order is served.
(2) (A) Any person whose permit application for a hazardous waste transportation, storage, treatment or disposal facility is denied by the commissioner may secure a review of the commissioner's denial by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's denial and requesting a hearing before the board. Any denial of a permit application shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after notice of denial is served. (B) A petition for permit appeal may be filed, pursuant to this subdivision (a)(2)(B), by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. Any petition for permit appeal under this subdivision (a)(2)(B) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to issue or deny the final permit. Notwithstanding § 4-5-223 or any other law to the contrary, this subdivision (a)(2)(B) shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought.
(A) Any person whose permit application for a hazardous waste transportation, storage, treatment or disposal facility is denied by the commissioner may secure a review of the commissioner's denial by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's denial and requesting a hearing before the board. Any denial of a permit application shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after notice of denial is served.
(B) A petition for permit appeal may be filed, pursuant to this subdivision (a)(2)(B), by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. Any petition for permit appeal under this subdivision (a)(2)(B) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to issue or deny the final permit. Notwithstanding § 4-5-223 or any other law to the contrary, this subdivision (a)(2)(B) shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought.
(3) In the event the commissioner fails to take any action on a permit application or proposed amendment to a permit for a hazardous waste transportation, storage, treatment, or disposal facility within forty-five (45) days of submission to the proper authority, the person having submitted such application may appeal to the board as though the application was denied. The petition shall recite the failure of the commissioner to act on the application. No permit shall be issued by the commissioner except in a manner pursuant to this part or regulations promulgated pursuant to this part.
(b) The hearing before the board on any petition filed under subsection (a) shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties; provided that in a petition filed under subdivision (a)(2)(B) the judge shall hold the hearing in the county where the facility or site is proposed to be located. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case, issued by the administrative judge, shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date is stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed under § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board.
(c) An appeal may be taken from any final order or other final determination of the board by any party, including the department, who is or may be adversely affected thereby to the chancery court of Davidson County. The chancery court of Davidson County shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part; provided, that the judicial review of any final decision of the board shall be made pursuant to the procedures established and set forth in the Uniform Administrative Procedures Act.
Amended by 2014 Tenn. Acts, ch. 507, s 4, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 181, s 8, eff. 7/1/2013.
Acts 1977, ch. 175, § 12; 1979, ch. 410, § 7; 1980, ch. 899, § 15; T.C.A., § 53-6313; Acts 1984, ch. 577, § 10; 1985, ch. 337, § 4; 1988, ch. 559, § 3; 1989, ch. 321, § 11; 1989, ch. 552, § 7; T.C.A., § 68-46-113.
Tenn. Code Ann. § 68-212-406 — TN Code / Title 68 / Chapter 212 / Section 68-212-406
Agency rules
Status: in_force

No state or local governmental agency or entity shall adopt any rule, regulation, ordinance, policy or permit condition circumventing or limiting exemptions or protections established by this part, or the exercise of such exemptions and protections. Acts 1995, ch. 375, § 9.
No state or local governmental agency or entity shall adopt any rule, regulation, ordinance, policy or permit condition circumventing or limiting exemptions or protections established by this part, or the exercise of such exemptions and protections.
Acts 1995, ch. 375, § 9.
Tenn. Code Ann. § 68-212-104 — TN Code / Title 68 / Chapter 212 / Section 68-212-104
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the underground storage tanks and solid waste disposal control board as established by § 68-211-111 , unless otherwise indicated; (2) "Commercial facility" means any hazardous waste management facility that stores, treats or disposes of hazardous waste generated off-site. However, a facility shall not be deemed to be a commercial facility if the only hazardous waste that it receives from off-site is either: (A) Hazardous waste generated from material manufactured by a corporation, generated only at a site or sites owned or operated by the same manufacturing corporation, or subsidiaries of such corporation, or product distribution sites under contract to such corporation; provided, that the volume of hazardous waste received from such sites and placed in storage for more than thirty (30) days does not exceed ten percent (10%) of the permitted or interim status storage capacity at the facility; and provided further, that during no annual period may more than ten percent (10%) of the total hazardous waste treated or disposed at the facility be from such sites; (B) Mixed hazardous waste (hazardous waste that is also regulated as a radioactive material) that is received for storage and treatment (but not disposal or incineration) pursuant to an order, compliance plan or similar plan or agreement in which such receipt for storage and treatment is specifically approved by the commissioner or board; provided, that any such order, compliance plan or similar plan or agreement also requires that the ultimate land disposal of such mixed hazardous waste or waste from its treatment be at a commercial facility permitted under this part or a properly authorized facility in another jurisdiction; or (C) Hazardous wastes in the same waste codes and generated from the same industrial operations that a combustion facility was permitted to receive on July 1, 2001, notwithstanding any change of ownership of such operations since such date. The volume of such waste treated annually shall not exceed ten percent (10%) of the combustion facility's July 1, 2001, permitted treatment capacity; (3) "Commissioner" means the commissioner of environment and conservation, the commissioner's authorized representatives, or, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner; (4) "Department" means the department of environment and conservation; (5) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, water or air so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters; (6) "Facility" means all contiguous land, and structures, other appurtenances and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units; (7) "Generation" means the act or process of producing hazardous wastes; (8) "Hazardous secondary material" means a secondary material, such as spent material, by-product or sludge, that when discarded would be identified as hazardous waste under the rules promulgated pursuant to this part; (9) "Hazardous waste" means waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (A) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness; or (B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed; (10) "Manifest" means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage; (11) "Off-site" means any property that is not classified as on-site by subdivision (12); (12) "On-site" means on the site of generation. "On-site" further means the same or geographically contiguous property which may be divided by public or private right(s)-of-way. Noncontiguous property owned by the hazardous waste generator that is connected by a right-of-way which such hazardous waste generator controls and to which the public does not have access is also considered on-site property; (13) "Permit" means the whole or part of any written authorization of the commissioner pursuant to regulations to own or operate a facility for the treatment, storage, or disposal of or transportation of hazardous waste; (14) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, and governmental agency of this state and any department, agency, or instrumentality of the executive, legislative and judicial branches of the federal government; (15) "Portable commercial unit" means any commercial facility, as defined by subdivision (2), which is transportable from site to site for the purpose of storage, treatment or disposal of hazardous waste; (16) "State" means the state of Tennessee; (17) "Storage" means the containment of hazardous waste in such a manner as not to constitute disposal of such hazardous waste; (18) "Transporter" means any person engaged in the transportation of hazardous waste; (19) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. "Treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous; (20) "Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 ), as amended, 92 P.L. 500, or source, special nuclear, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, 83 P.L. 703 ( 42 U.S.C. § 2011 et seq.). In addition, 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; and (21) "Waste management" means the orderly control of storage, transportation, treatment, and disposal of hazardous waste. Amended by 2020 Tenn. Acts, ch. 712, s 2, eff. 10/1/2020. Acts 1977, ch. 175, § 3; 1979, ch. 410, § 2; 1980, ch. 899, § 8; 1981, ch. 174, §§ 8, 9; T.C.A., § 53-6304; Acts 1984, ch. 577, § 2; 1985, ch. 337, § 5; T.C.A., § 68-46-104; Acts 1994, ch. 890, § 1; 1995, ch. 95, § 1; 1995, ch. 547, § 1; 2001, ch. 102, § 1; 2009 , ch. 531, § 7.
As used in this part, unless the context otherwise requires:
(1) "Board" means the underground storage tanks and solid waste disposal control board as established by § 68-211-111 , unless otherwise indicated;
(2) "Commercial facility" means any hazardous waste management facility that stores, treats or disposes of hazardous waste generated off-site. However, a facility shall not be deemed to be a commercial facility if the only hazardous waste that it receives from off-site is either: (A) Hazardous waste generated from material manufactured by a corporation, generated only at a site or sites owned or operated by the same manufacturing corporation, or subsidiaries of such corporation, or product distribution sites under contract to such corporation; provided, that the volume of hazardous waste received from such sites and placed in storage for more than thirty (30) days does not exceed ten percent (10%) of the permitted or interim status storage capacity at the facility; and provided further, that during no annual period may more than ten percent (10%) of the total hazardous waste treated or disposed at the facility be from such sites; (B) Mixed hazardous waste (hazardous waste that is also regulated as a radioactive material) that is received for storage and treatment (but not disposal or incineration) pursuant to an order, compliance plan or similar plan or agreement in which such receipt for storage and treatment is specifically approved by the commissioner or board; provided, that any such order, compliance plan or similar plan or agreement also requires that the ultimate land disposal of such mixed hazardous waste or waste from its treatment be at a commercial facility permitted under this part or a properly authorized facility in another jurisdiction; or (C) Hazardous wastes in the same waste codes and generated from the same industrial operations that a combustion facility was permitted to receive on July 1, 2001, notwithstanding any change of ownership of such operations since such date. The volume of such waste treated annually shall not exceed ten percent (10%) of the combustion facility's July 1, 2001, permitted treatment capacity;
(A) Hazardous waste generated from material manufactured by a corporation, generated only at a site or sites owned or operated by the same manufacturing corporation, or subsidiaries of such corporation, or product distribution sites under contract to such corporation; provided, that the volume of hazardous waste received from such sites and placed in storage for more than thirty (30) days does not exceed ten percent (10%) of the permitted or interim status storage capacity at the facility; and provided further, that during no annual period may more than ten percent (10%) of the total hazardous waste treated or disposed at the facility be from such sites;
(B) Mixed hazardous waste (hazardous waste that is also regulated as a radioactive material) that is received for storage and treatment (but not disposal or incineration) pursuant to an order, compliance plan or similar plan or agreement in which such receipt for storage and treatment is specifically approved by the commissioner or board; provided, that any such order, compliance plan or similar plan or agreement also requires that the ultimate land disposal of such mixed hazardous waste or waste from its treatment be at a commercial facility permitted under this part or a properly authorized facility in another jurisdiction; or
(C) Hazardous wastes in the same waste codes and generated from the same industrial operations that a combustion facility was permitted to receive on July 1, 2001, notwithstanding any change of ownership of such operations since such date. The volume of such waste treated annually shall not exceed ten percent (10%) of the combustion facility's July 1, 2001, permitted treatment capacity;
(3) "Commissioner" means the commissioner of environment and conservation, the commissioner's authorized representatives, or, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner;
(4) "Department" means the department of environment and conservation;
(5) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, water or air so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters;
(6) "Facility" means all contiguous land, and structures, other appurtenances and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units;
(7) "Generation" means the act or process of producing hazardous wastes;
(8) "Hazardous secondary material" means a secondary material, such as spent material, by-product or sludge, that when discarded would be identified as hazardous waste under the rules promulgated pursuant to this part;
(9) "Hazardous waste" means waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (A) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness; or (B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed;
(A) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness; or
(B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed;
(10) "Manifest" means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage;
(11) "Off-site" means any property that is not classified as on-site by subdivision (12);
(12) "On-site" means on the site of generation. "On-site" further means the same or geographically contiguous property which may be divided by public or private right(s)-of-way. Noncontiguous property owned by the hazardous waste generator that is connected by a right-of-way which such hazardous waste generator controls and to which the public does not have access is also considered on-site property;
(13) "Permit" means the whole or part of any written authorization of the commissioner pursuant to regulations to own or operate a facility for the treatment, storage, or disposal of or transportation of hazardous waste;
(14) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, and governmental agency of this state and any department, agency, or instrumentality of the executive, legislative and judicial branches of the federal government;
(15) "Portable commercial unit" means any commercial facility, as defined by subdivision (2), which is transportable from site to site for the purpose of storage, treatment or disposal of hazardous waste;
(16) "State" means the state of Tennessee;
(17) "Storage" means the containment of hazardous waste in such a manner as not to constitute disposal of such hazardous waste;
(18) "Transporter" means any person engaged in the transportation of hazardous waste;
(19) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. "Treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous;
(20) "Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 ), as amended, 92 P.L. 500, or source, special nuclear, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, 83 P.L. 703 ( 42 U.S.C. § 2011 et seq.). In addition, 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; and
(21) "Waste management" means the orderly control of storage, transportation, treatment, and disposal of hazardous waste.
Amended by 2020 Tenn. Acts, ch. 712, s 2, eff. 10/1/2020.
Acts 1977, ch. 175, § 3; 1979, ch. 410, § 2; 1980, ch. 899, § 8; 1981, ch. 174, §§ 8, 9; T.C.A., § 53-6304; Acts 1984, ch. 577, § 2; 1985, ch. 337, § 5; T.C.A., § 68-46-104; Acts 1994, ch. 890, § 1; 1995, ch. 95, § 1; 1995, ch. 547, § 1; 2001, ch. 102, § 1; 2009 , ch. 531, § 7.
Tenn. Code Ann. § 68-215-106 — TN Code / Title 68 / Chapter 215 / Section 68-215-106
Notification as to tanks in use and tanks taken out of operation - Authorized actions of commissioner upon failure to pay fees or penalties or for violation of rules - Penalty for removal of affixed notice or tag - Unlawful use of tanks identified or not identified by notice or tag
Status: in_force

(a) (1) Within one (1) year after the enactment of this chapter, each owner of a petroleum underground storage tank in use on July 1, 1988, shall notify the commissioner of the existence of such tank, specifying the age, size, type, location, and uses of such tank. The commissioner shall accept as formal notification the United States environmental protection agency (EPA) underground storage tank notification form filed with the department by the owner of the petroleum underground storage tank before July 1, 1988. (2) For each petroleum underground storage tank taken out of operation after January 1, 1974, the owner of such tank shall within one (1) year after July 1, 1988, notify the commissioner of the existence of such tanks, unless the owner knows such tanks were removed from the ground. The owner of petroleum underground storage tanks taken out of operation on or before January 1, 1974, shall not be required to notify the commissioner. The commissioner shall accept as formal notification the EPA underground storage tank notification form filed with the department by the owner of the petroleum underground storage tank before July 1, 1988. (3) Notice under subdivision (a)(2) shall specify to the extent known to the owner: (A) The date the tank was taken out of operation; (B) The age of the tank on the date taken out of operation; (C) The size, type and location of the tank; and (D) The type and quantity of petroleum substances left stored in such tank on the date taken out of operation. (4) Any owner who brings into use petroleum underground storage tanks after the initial notification period specified under subdivision (a)(1) shall notify the commissioner at least fifteen (15) days in advance of the date the tank is installed for storage of petroleum substances, specifying the age, size, type, location, and uses of such tank. (5) Subdivisions (a)(1)-(3) shall not apply to tanks for which notice was given pursuant to § 103(c) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. § 9603(c) ). (6) Beginning thirty (30) days after the commissioner prescribes the form of notice pursuant to subdivision (b)(2) and for twelve (12) months thereafter, any person who deposits petroleum substances into a petroleum underground storage tank shall reasonably notify the owner or operator of such tank of the owner's notification requirements pursuant to this subsection (a). (7) Beginning thirty (30) days after the board promulgates new tank performance standards pursuant to this chapter, any person who sells a tank intended to be used as a petroleum underground storage tank in Tennessee shall notify the purchaser of such tank of the owner's notification requirements pursuant to this subsection (a). (b) (1) Within ninety (90) days after July 1, 1988, the commissioner shall designate the appropriate division within the department to receive the notification required by subdivision (a)(1), (a)(2) or (a)(3). (2) Within ninety (90) days after July 1, 1988, the commissioner, in consultation with state officials designated pursuant to subdivision (b)(1), and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notification under subdivision (a)(1), (a)(2) or (a)(3). (3) Any change in the status of the tanks at a petroleum underground storage tank facility must be reported within thirty (30) days of such change. This includes, but is not limited to, changes of ownership, upgrading or replacement of tanks and changes in service. Such reports shall be made using an amended notification form. In the case of a sale of tanks, the seller must submit the amended notification form and must also inform the buyer of the notification requirement. (c) For any petroleum underground storage tank for which any annual fees or penalties have not been paid when due or that is in violation of requirements of the rules as evidenced by an order issued pursuant to this part that has become final, the commissioner may take one (1) or more of the following actions: (1) Affix a notice to a dispenser; (2) Affix a tag to a fill port; or (3) Give notice on the department website. (d) Removal of the notice or tag affixed pursuant to subsection (c) shall be a Class C misdemeanor. (e) It is unlawful for any person to place, or cause to be placed, petroleum substances in a petroleum underground storage tank or to dispense petroleum from a tank that has either had a physical notice or tag placed on the dispenser or fill port or has had a notice placed on the department website pursuant to subsection (c). (f) It is unlawful for any person to place, or cause to be placed, petroleum substances in a petroleum underground storage tank or to dispense petroleum from a petroleum underground storage tank when the owner of the tank is required to notify the commissioner under subsection (a) or (b) and the owner has not notified the commissioner of the existence or ownership of the tank. This subsection (f) applies even if no physical notice or tag is placed on the dispenser or fill port or no notice is placed on the department website pursuant to subsection (c). Amended by 2015 Tenn. Acts, ch. 292, s 1, eff. 7/1/2015. Acts 1988, ch. 984, § 8; 1990, ch. 855, § 3; T.C.A., § 68-53-106; Acts 2004, ch. 925, §§ 3, 4; 2008 , ch. 794, § 1.
(a) (1) Within one (1) year after the enactment of this chapter, each owner of a petroleum underground storage tank in use on July 1, 1988, shall notify the commissioner of the existence of such tank, specifying the age, size, type, location, and uses of such tank. The commissioner shall accept as formal notification the United States environmental protection agency (EPA) underground storage tank notification form filed with the department by the owner of the petroleum underground storage tank before July 1, 1988. (2) For each petroleum underground storage tank taken out of operation after January 1, 1974, the owner of such tank shall within one (1) year after July 1, 1988, notify the commissioner of the existence of such tanks, unless the owner knows such tanks were removed from the ground. The owner of petroleum underground storage tanks taken out of operation on or before January 1, 1974, shall not be required to notify the commissioner. The commissioner shall accept as formal notification the EPA underground storage tank notification form filed with the department by the owner of the petroleum underground storage tank before July 1, 1988. (3) Notice under subdivision (a)(2) shall specify to the extent known to the owner: (A) The date the tank was taken out of operation; (B) The age of the tank on the date taken out of operation; (C) The size, type and location of the tank; and (D) The type and quantity of petroleum substances left stored in such tank on the date taken out of operation. (4) Any owner who brings into use petroleum underground storage tanks after the initial notification period specified under subdivision (a)(1) shall notify the commissioner at least fifteen (15) days in advance of the date the tank is installed for storage of petroleum substances, specifying the age, size, type, location, and uses of such tank. (5) Subdivisions (a)(1)-(3) shall not apply to tanks for which notice was given pursuant to § 103(c) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. § 9603(c) ). (6) Beginning thirty (30) days after the commissioner prescribes the form of notice pursuant to subdivision (b)(2) and for twelve (12) months thereafter, any person who deposits petroleum substances into a petroleum underground storage tank shall reasonably notify the owner or operator of such tank of the owner's notification requirements pursuant to this subsection (a). (7) Beginning thirty (30) days after the board promulgates new tank performance standards pursuant to this chapter, any person who sells a tank intended to be used as a petroleum underground storage tank in Tennessee shall notify the purchaser of such tank of the owner's notification requirements pursuant to this subsection (a).
(1) Within one (1) year after the enactment of this chapter, each owner of a petroleum underground storage tank in use on July 1, 1988, shall notify the commissioner of the existence of such tank, specifying the age, size, type, location, and uses of such tank. The commissioner shall accept as formal notification the United States environmental protection agency (EPA) underground storage tank notification form filed with the department by the owner of the petroleum underground storage tank before July 1, 1988.
(2) For each petroleum underground storage tank taken out of operation after January 1, 1974, the owner of such tank shall within one (1) year after July 1, 1988, notify the commissioner of the existence of such tanks, unless the owner knows such tanks were removed from the ground. The owner of petroleum underground storage tanks taken out of operation on or before January 1, 1974, shall not be required to notify the commissioner. The commissioner shall accept as formal notification the EPA underground storage tank notification form filed with the department by the owner of the petroleum underground storage tank before July 1, 1988.
(3) Notice under subdivision (a)(2) shall specify to the extent known to the owner: (A) The date the tank was taken out of operation; (B) The age of the tank on the date taken out of operation; (C) The size, type and location of the tank; and (D) The type and quantity of petroleum substances left stored in such tank on the date taken out of operation.
(A) The date the tank was taken out of operation;
(B) The age of the tank on the date taken out of operation;
(C) The size, type and location of the tank; and
(D) The type and quantity of petroleum substances left stored in such tank on the date taken out of operation.
(4) Any owner who brings into use petroleum underground storage tanks after the initial notification period specified under subdivision (a)(1) shall notify the commissioner at least fifteen (15) days in advance of the date the tank is installed for storage of petroleum substances, specifying the age, size, type, location, and uses of such tank.
(5) Subdivisions (a)(1)-(3) shall not apply to tanks for which notice was given pursuant to § 103(c) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. § 9603(c) ).
(6) Beginning thirty (30) days after the commissioner prescribes the form of notice pursuant to subdivision (b)(2) and for twelve (12) months thereafter, any person who deposits petroleum substances into a petroleum underground storage tank shall reasonably notify the owner or operator of such tank of the owner's notification requirements pursuant to this subsection (a).
(7) Beginning thirty (30) days after the board promulgates new tank performance standards pursuant to this chapter, any person who sells a tank intended to be used as a petroleum underground storage tank in Tennessee shall notify the purchaser of such tank of the owner's notification requirements pursuant to this subsection (a).
(b) (1) Within ninety (90) days after July 1, 1988, the commissioner shall designate the appropriate division within the department to receive the notification required by subdivision (a)(1), (a)(2) or (a)(3). (2) Within ninety (90) days after July 1, 1988, the commissioner, in consultation with state officials designated pursuant to subdivision (b)(1), and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notification under subdivision (a)(1), (a)(2) or (a)(3). (3) Any change in the status of the tanks at a petroleum underground storage tank facility must be reported within thirty (30) days of such change. This includes, but is not limited to, changes of ownership, upgrading or replacement of tanks and changes in service. Such reports shall be made using an amended notification form. In the case of a sale of tanks, the seller must submit the amended notification form and must also inform the buyer of the notification requirement.
(1) Within ninety (90) days after July 1, 1988, the commissioner shall designate the appropriate division within the department to receive the notification required by subdivision (a)(1), (a)(2) or (a)(3).
(2) Within ninety (90) days after July 1, 1988, the commissioner, in consultation with state officials designated pursuant to subdivision (b)(1), and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notification under subdivision (a)(1), (a)(2) or (a)(3).
(3) Any change in the status of the tanks at a petroleum underground storage tank facility must be reported within thirty (30) days of such change. This includes, but is not limited to, changes of ownership, upgrading or replacement of tanks and changes in service. Such reports shall be made using an amended notification form. In the case of a sale of tanks, the seller must submit the amended notification form and must also inform the buyer of the notification requirement.
(c) For any petroleum underground storage tank for which any annual fees or penalties have not been paid when due or that is in violation of requirements of the rules as evidenced by an order issued pursuant to this part that has become final, the commissioner may take one (1) or more of the following actions: (1) Affix a notice to a dispenser; (2) Affix a tag to a fill port; or (3) Give notice on the department website.
(1) Affix a notice to a dispenser;
(2) Affix a tag to a fill port; or
(3) Give notice on the department website.
(d) Removal of the notice or tag affixed pursuant to subsection (c) shall be a Class C misdemeanor.
(e) It is unlawful for any person to place, or cause to be placed, petroleum substances in a petroleum underground storage tank or to dispense petroleum from a tank that has either had a physical notice or tag placed on the dispenser or fill port or has had a notice placed on the department website pursuant to subsection (c).
(f) It is unlawful for any person to place, or cause to be placed, petroleum substances in a petroleum underground storage tank or to dispense petroleum from a petroleum underground storage tank when the owner of the tank is required to notify the commissioner under subsection (a) or (b) and the owner has not notified the commissioner of the existence or ownership of the tank. This subsection (f) applies even if no physical notice or tag is placed on the dispenser or fill port or no notice is placed on the department website pursuant to subsection (c).
Amended by 2015 Tenn. Acts, ch. 292, s 1, eff. 7/1/2015.
Acts 1988, ch. 984, § 8; 1990, ch. 855, § 3; T.C.A., § 68-53-106; Acts 2004, ch. 925, §§ 3, 4; 2008 , ch. 794, § 1.
Tenn. Code Ann. § 68-221-1306 — TN Code / Title 68 / Chapter 221 / Section 68-221-1306
Executive director - Budget
Status: in_force

(a) The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority. The board shall enter into a contract with the executive director establishing the director's salary and term of office. (b) The executive director is responsible for all personnel matters related to the authority, including, but not limited to, recruitment, discipline and compensation. (c) (1) The executive director shall annually prepare the operating budget of the authority and submit the budget to the board for approval at least sixty (60) days prior to the beginning of the fiscal year. (2) If the board has not acted on the budget by the first day of the fiscal year, the budget shall then automatically go into effect. (3) (A) Prior to the beginning of the fiscal year, an authority, whether created pursuant to this chapter or a public or private act, shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (i) Based upon historical operating results and reasonably anticipated future operations; and (ii) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury, or the comptroller's designee. (B) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval. (C) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable. (D) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee. (E) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions. (d) The executive director shall also submit periodic reports to the board that it may direct. (e) The executive director shall attend all meetings of the board. Amended by 2023 Tenn. Acts, ch. 463, s 49, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 256, s 9, eff. 4/28/2021. Acts 2007 , ch. 250, § 1.
(a) The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority. The board shall enter into a contract with the executive director establishing the director's salary and term of office.
(b) The executive director is responsible for all personnel matters related to the authority, including, but not limited to, recruitment, discipline and compensation.
(c) (1) The executive director shall annually prepare the operating budget of the authority and submit the budget to the board for approval at least sixty (60) days prior to the beginning of the fiscal year. (2) If the board has not acted on the budget by the first day of the fiscal year, the budget shall then automatically go into effect. (3) (A) Prior to the beginning of the fiscal year, an authority, whether created pursuant to this chapter or a public or private act, shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (i) Based upon historical operating results and reasonably anticipated future operations; and (ii) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury, or the comptroller's designee. (B) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval. (C) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable. (D) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee. (E) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions.
(1) The executive director shall annually prepare the operating budget of the authority and submit the budget to the board for approval at least sixty (60) days prior to the beginning of the fiscal year.
(2) If the board has not acted on the budget by the first day of the fiscal year, the budget shall then automatically go into effect.
(3) (A) Prior to the beginning of the fiscal year, an authority, whether created pursuant to this chapter or a public or private act, shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (i) Based upon historical operating results and reasonably anticipated future operations; and (ii) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury, or the comptroller's designee. (B) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval. (C) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable. (D) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee. (E) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions.
(A) Prior to the beginning of the fiscal year, an authority, whether created pursuant to this chapter or a public or private act, shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (i) Based upon historical operating results and reasonably anticipated future operations; and (ii) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury, or the comptroller's designee.
(i) Based upon historical operating results and reasonably anticipated future operations; and
(ii) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury, or the comptroller's designee.
(B) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval.
(C) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable.
(D) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee.
(E) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions.
(d) The executive director shall also submit periodic reports to the board that it may direct.
(e) The executive director shall attend all meetings of the board.
Amended by 2023 Tenn. Acts, ch. 463, s 49, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 256, s 9, eff. 4/28/2021.
Acts 2007 , ch. 250, § 1.
Tenn. Code Ann. § 68-212-506 — TN Code / Title 68 / Chapter 212 / Section 68-212-506
Calculation of restitution
Status: in_force

Any inspection, testing or quarantine conducted pursuant to this part shall be considered when calculating the appropriate restitution under § 39-17-417(c)(2)(B) . Acts 2004, ch. 855, § 7.
Any inspection, testing or quarantine conducted pursuant to this part shall be considered when calculating the appropriate restitution under § 39-17-417(c)(2)(B) .
Acts 2004, ch. 855, § 7.
Tenn. Code Ann. § 68-221-506 — TN Code / Title 68 / Chapter 221 / Section 68-221-506
Loan agreements with municipalities - Provisions of agreement
Status: in_force

(a) The state may enter into agreements with municipalities, and any municipality may enter into an agreement with the state for loans herein provided, subject, however, to any existing contractual obligations of the municipality. (b) Any loan agreement may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following: (1) An estimate of the reasonable cost of the project to be constructed, as determined by the department; (2) An agreement by the state to pay part of the amount of the loan to the municipality prior to the construction, or during the progress of the construction, or to pay the amount of the loan following completion of the construction, as may be agreed upon by the parties; and (3) An agreement by the municipality to: (A) Proceed expeditiously with and complete the project in accordance with plans approved pursuant to this part and to § 68-221-102 ; (B) Commence operation of the waterworks on its completion, and not discontinue operations or dispose of the project without the approval of the department and the authority; (C) Operate and maintain the project in accordance with applicable provisions of this chapter, and rules and regulations of the department; (D) Establish and collect such fees, rates or charges for water service and/or pledge other available sources of revenues necessary to make payments according to the schedule established by the authority and to make payments as provided in this part; and (E) Establish and maintain adequate financial records for the waterworks, and make an annual audit of the financial records and transactions covering each fiscal year and furnish a copy of such audits to the comptroller of the treasury. Acts 1974, ch. 671, § 6; 1978, ch. 843, § 9; T.C.A., § 53-2060; Acts 1989, ch. 233, § 29; T.C.A., § 68-13-506.
(a) The state may enter into agreements with municipalities, and any municipality may enter into an agreement with the state for loans herein provided, subject, however, to any existing contractual obligations of the municipality.
(b) Any loan agreement may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following: (1) An estimate of the reasonable cost of the project to be constructed, as determined by the department; (2) An agreement by the state to pay part of the amount of the loan to the municipality prior to the construction, or during the progress of the construction, or to pay the amount of the loan following completion of the construction, as may be agreed upon by the parties; and (3) An agreement by the municipality to: (A) Proceed expeditiously with and complete the project in accordance with plans approved pursuant to this part and to § 68-221-102 ; (B) Commence operation of the waterworks on its completion, and not discontinue operations or dispose of the project without the approval of the department and the authority; (C) Operate and maintain the project in accordance with applicable provisions of this chapter, and rules and regulations of the department; (D) Establish and collect such fees, rates or charges for water service and/or pledge other available sources of revenues necessary to make payments according to the schedule established by the authority and to make payments as provided in this part; and (E) Establish and maintain adequate financial records for the waterworks, and make an annual audit of the financial records and transactions covering each fiscal year and furnish a copy of such audits to the comptroller of the treasury.
(1) An estimate of the reasonable cost of the project to be constructed, as determined by the department;
(2) An agreement by the state to pay part of the amount of the loan to the municipality prior to the construction, or during the progress of the construction, or to pay the amount of the loan following completion of the construction, as may be agreed upon by the parties; and
(3) An agreement by the municipality to: (A) Proceed expeditiously with and complete the project in accordance with plans approved pursuant to this part and to § 68-221-102 ; (B) Commence operation of the waterworks on its completion, and not discontinue operations or dispose of the project without the approval of the department and the authority; (C) Operate and maintain the project in accordance with applicable provisions of this chapter, and rules and regulations of the department; (D) Establish and collect such fees, rates or charges for water service and/or pledge other available sources of revenues necessary to make payments according to the schedule established by the authority and to make payments as provided in this part; and (E) Establish and maintain adequate financial records for the waterworks, and make an annual audit of the financial records and transactions covering each fiscal year and furnish a copy of such audits to the comptroller of the treasury.
(A) Proceed expeditiously with and complete the project in accordance with plans approved pursuant to this part and to § 68-221-102 ;
(B) Commence operation of the waterworks on its completion, and not discontinue operations or dispose of the project without the approval of the department and the authority;
(C) Operate and maintain the project in accordance with applicable provisions of this chapter, and rules and regulations of the department;
(D) Establish and collect such fees, rates or charges for water service and/or pledge other available sources of revenues necessary to make payments according to the schedule established by the authority and to make payments as provided in this part; and
(E) Establish and maintain adequate financial records for the waterworks, and make an annual audit of the financial records and transactions covering each fiscal year and furnish a copy of such audits to the comptroller of the treasury.
Acts 1974, ch. 671, § 6; 1978, ch. 843, § 9; T.C.A., § 53-2060; Acts 1989, ch. 233, § 29; T.C.A., § 68-13-506.
Tenn. Code Ann. § 68-202-204 — TN Code / Title 68 / Chapter 202 / Section 68-202-204
Cooperation with governmental agencies authorized
Status: in_force

Except as otherwise provided by law, the department is authorized to cooperate with municipal, state, interstate and federal agencies in the administration of this part and in the execution of programs to protect the people from unnecessary or harmful radiation and to promote the peaceful uses of atomic energy and other forms of radiation consistent with the health and well being of people. Acts 1959, ch. 66, § 4; T.C.A., §§ 53-3304, 68-23-204.
Except as otherwise provided by law, the department is authorized to cooperate with municipal, state, interstate and federal agencies in the administration of this part and in the execution of programs to protect the people from unnecessary or harmful radiation and to promote the peaceful uses of atomic energy and other forms of radiation consistent with the health and well being of people.
Acts 1959, ch. 66, § 4; T.C.A., §§ 53-3304, 68-23-204.