DELEGATION OF COMMISSIONER’S AUTHORITY 

July 2001

INDEX 

Safe Dams Program Delegation and Matrix – page 2 

Safe Drinking Water Program Delegation and Matrix – page 6 

Water Environmental Health Program Delegation and Matrix – page 20 

Water Well Program Delegation and Matrix – page 25 

Underground Injection Control Program Delegation and Matrix – page 30 
DELEGATION OF COMMISSIONER’S AUTHORITY 

UNDER 

THE SAFE DAMS ACT OF 1973 

Purpose

The Division of Water Supply (DWS) is responsible for regulating dams, together with 

appurtenant works, which do or may impound or divert water, within the State of Tennessee. 

Regulated dams are or will be twenty (20) feet or more in height form the natural bed of the 

stream or water course or have or will have an impounding capacity at maximum water storage 

elevation of thirty (30) acre-feet or more. Farm ponds, which are utilized only by the owner or 

occupant and not available to the general public, are not regulated under this Act. The DWS has 

been, and continues to be, responsible for regulating dams, together with appurtenant works, 

which do or may impound or divert water, within the State of Tennessee. The DWS proposed 

and was granted authority to issue “Director’s Orders” for certain violations of the Safe Dams

Act of 1973 (the Act) on June 18, 1997. The Division has utilized this authority with success 

and it remains a very effective and efficient enforcement mechanism. However, the Division is 

continually seeking the most efficient and effective means of assuring that dams, their 

appurtenant works and the reservoirs impounded by regulated dams are safe for use by the 

citizens of the State of Tennessee. Consequently, the Division has identified additional areas of 

non-compliance which can be addressed utilizing Director’s Orders. 

Facts and Proposal

The focus of the Safe Dams Act of 1973 is to safeguard the public by reducing the risk of failure 

of dams through: orderly inventory and inspection of existing dams in Tennessee; preconstruction review and approval of all proposed dam construction and alteration of dams; and a 

program of regular inspections of dams within the State. Thus, the rules utilized to regulate 

dams are by necessity preventative in nature. Consequently, immediate enforcement action is 

often necessary to alleviate any deficiency in the operation, construction or alteration of a dam.

In order to increase the effectiveness of this enforcement mechanism as a deterrent to illegal or 

unlawful activity and in keeping with the preventive nature of the regulations, the Division 

proposes to amend the current delegation of Commissioner’s authority to include additional 

construction and maintenance deficiencies. The proposed authorization consists of construction 

of a dam without a permit, operation of a dam without a certificate of approval and safety, 

alteration of a dam without an alteration certificate, failure to maintain slope protection, failure 

to make application as required by TCA Sections 69-12-105 through 69-12-109, failure to have a 

qualified engineer to adequately supervise construction or alteration of a dam; and, failure to 

comply with condition(s) of a certificate of Approval and Safety. The number of violations 

cited in a Director’s Order shall be tallied or computed identically to how they would be 

numbered or tallied in a Commissioner’s Order, even though several violations might come 

under one category, each shall constitute a separate violation. Each and every compliance 

July, 2001 Delegation 2
report requirement shall constitute a separate violation. In addition, each and every day a 

violation occurs shall constitute a separate violation.

In order to effectively and efficiently administer this Act and regulations, the DWS submits this 

proposal to enable the Division to address a large number of similar cases in an efficient manner. 

This system will allow enforcement to be more timely, which makes it more effective. In the 

event the violation(s) is (are) not abated or new violations are encountered and after 

consultation with OGC, DWS shall pursue appropriate additional enforcement action, 

administrative or judicial.

Procedure

The Division does not propose to change the issuance procedure which was acceptable and 

approved in the previous delegation. The DWS proposes to continue to issue “Director’s 

Orders” for violations of the Act as set forth in this proposal. Such violations include: 

constructing a dam without a construction certificate; operating a dam without a certificate of 

approval and safety; alteration of a dam without an alteration certificate; failure to maintain slope 

protection; and, failure to file an application for certificate within thirty (30) days of notification 

to so file. In addition, new violations would be included as follows: failure to have a qualified 

engineer to adequately oversee construction or alteration of a dam; and, failure to comply with 

condition(s) of a Certificate of Approval and Safety. The Director’s Orders will be signed by the 

Division Director and mailed, by certified mail, to the offending party. 

The procedure to be followed under this delegation is as follows: 

1. The Division will discover the violation and inspect the dam as necessary; 

2. The Division will prepare a Notice of Violation notifying the offender of the violation(s) 

and set a schedule for compliance if applicable. 

3. Upon obtaining documentation of the violation (through an inspection or by confirmation 

of the records in the central office or both), DWS will prepare the Director’s Order and 

mail the document by certified mail; and 

4. Prior to issuance, the Director’s Order and supporting documentation will be reviewed by 

the Division Enforcement Chief and the Director. 

5. The Director’s Order may, dependent upon the circumstances, contain corrective actions 

which must be accomplished in order for compliance to be achieved. 

Civil penalties will be assessed on all such delegated Orders in accordance with the following 

schedule: 

Activity/Violation Penalty

July, 2001 Delegation 3
Construction of a dam without 

a Construction Certificate $1,500 

Operation of a dam without a Certificate 

of Approval and Safety 

 (a) Low Hazard Dam $ 400 

 (b) Significant Hazard Dam $ 600 

 (c) High Hazard Dam $1,000 

Alteration of a dam without an Alteration 

Certificate 

 (a) Low Hazard Dam $ 400 

 (b) Significant Hazard Dam $ 600 

 (c) High Hazard Dam $1,000 

Failure to maintain slope protection – 

Inappropriate vegetation

 (a) Low Hazard Dam $ 200 

 (b) Significant Hazard Dam $ 400 

 (c) High Hazard Dam $ 800 

Failure to comply with the requirements for 

filing and obtaining a certificate of approval 

under T.C.A. Sections 69-12-105 – 69-12-109 

(including failure to meet filing deadlines, failure 

to provide required information, failure to notify 

change in ownership) 

 (a) Low Hazard Dam $ 100 

 (b) Significant Hazard Dam $ 200 

July, 2001 Delegation 4
 (c) High Hazard Dam $ 300 

Failure to have a qualified engineer adequately 

oversee construction or alteration of a dam 

 (a) Low Hazard Dam $ 500 

 (b) Significant Hazard Dam $1,000 

 (c) High Hazard Dam $1,500 

Failure to comply with condition(s) of 

a Certificate of Approval and Safety

 (a) Low Hazard Dam $ 200 

 (b) Significant Hazard Dam $ 400 

 (c) High Hazard Dam $ 800 

It is the intent of the Division that this enforcement mechanism be swift, cover a short period and 

a small number of violations, and consequently will result in relatively small civil penalties. In 

the event the violation is not abated, then the failure to comply with the Director’s Order, as well 

as any continuing or new violations since its issuance, may be the subject of additional 

enforcement action, either administrative or judicial. 

Contingent Penalties Based on Corrective Actions 

Further, the Division of Water Supply is given authority to issue Director's Orders that include 

"corrective action." The scope of corrective action items addressed in a Director's Order shall 

include all violations which are addressed by this delegation. The DWS is given authority to 

assess contingent penalties for violations of the Act as set forth for the preceding violations not 

corrected as specified in the Director's Order. Failure to comply with the specified corrective 

actions shall result in contingent penalties which are twice (2x) the penalties assessed in the 

aforementioned paragraphs. The contingent penalties shall be due if there is not timely 

compliance with the specified corrective action. 

July, 2001 Delegation 5
DELEGATION OF COMMISSIONER’S AUTHORITY 

UNDER 

THE TENNESSEE SAFE DRINKING WATER ACT OF 1983 

Purpose

The Division of Water Supply (DWS) is responsible for regulating public water supplies 

operating within the State of Tennessee. As stated in the Safe Drinking Water Act, waters of the 

state are held in public trust for the benefit of its citizens who are beneficiaries of this trust and 

have a right to both an adequate quantity and quality of drinking water. Due to the moral 

responsibility to the public, mandates of the Act and commitments made to the Environmental 

Protection Agency, the Division continually seeks the most efficient and effective means 

available of assuring a safe water supply for citizens of Tennessee. This proposal is an effort to 

streamline the current enforcement mechanism and to provide for firm, fair, consistent and 

timely enforcement of the Rules which govern public water systems and their operation in the 

State. 

Facts

The rules used to regulate public water supplies and the monitoring required by such rules are 

preventative in nature. The Act recognizes that the people of the state have a right to both an 

adequate quantity and quality of drinking water. Therefore, the focus of the Act and the 

regulations is to assure that the consumer has safe drinking water. Thus, immediate enforcement 

action is an appropriate tool to address and cure any defects in the operation and maintenance of 

public water systems, especially defects or failures involving water quality monitoring. 

Violations involving monitoring failures or lack of a certified operator are of heightened 

importance due to the fact that these are the very basis which would indicate a safe or unsafe 

water supply. 

The DWS currently regulates approximately one thousand two hundred (1,200) public water 

systems. This method of enforcement action would allow the DWS to effectively administer the 

Act and regulations by enabling the Division to handle a large number of similar cases with 

greater efficiency than currently possible. This method will also enable enforcement action to be 

more timely, which tends to make it more effective and serve as a greater deterrent to noncompliant activity. 

Proposal

The DWS proposes to issue “Director’s Orders” for violations of the Act as set forth on the 

following pages of this proposal. Such violations include failure to monitor for bacteriological 

contamination, failure to monitor for nitrate/nitrite, failure to conduct turbidity monitoring or 

chlorine residual monitoring, failure to monitor for any chemical parameter, failure to monitor 

for lead and copper, failure to report a required measurement or serious event, exceeding an 

July, 2001 Delegation 6
MCL or failing a treatment technique, failure to perform CCR, failure to provide public 

notification of monitoring or MCL violations, failure to provide public education for lead, failure 

to secure and/or retain a Certified Operator for the water system, failure to implement an optimal 

corrosion control recommendation, failure to have a current Emergency Operations Plan (EOP) 

or Wellhead Protection Plan, failure to have a bacteriological site sampling plan, failure to 

maintain adequate water pressure, failure to monitor water quality parameters and failure to have 

a operator in attendance at a filtration plant, failure to submit or undertaking construction 

without approved plans, deviating from plans, failing to notify the Department prior to placing a 

facility into service, a cross connection program failure, failure to inspect a tank as required, 

failure to maintain flushing records, and failure to maintain required in-house records. The 

number of violations cited in a Director’s Order shall be tallied or computed identically to 

how they are numbered or tallied in a Commissioner’s Order, even though several 

violations (e.g. turbidity and chlorine) are categorized under one category, each shall 

constitute a separate violation. Each and every due compliance report (whether they are 

monthly, quarterly, or annual) shall constitute a separate violation. Each and every 

monitoring parameter or record entry (whether required every hour, for a 4 hour segment, 

daily, monthly, quarterly, or annually) shall be a separate violation. Where applicable 

each and every day a violation occurs shall constitute a separate violation. The Director’s 

Orders will be signed by the Division Director and mailed, via certified mail, to the offending 

party. 

The procedure to be followed under this delegation is as follows: 

1. The Division will discover the violation; 

2. The Division will document the violation either through an inspection or by confirmation 

of records and sample data in the central office or both; 

3. (A) The Division will prepare a Notice of Violation notifying the offender of the 

violation and notifying him/her that if an additional violation of the same nature is 

incurred within the following twelve (12) months enforcement action will occur and will 

include civil penalties. 

(B) In the event that the violation discovered involves failure to have a certified 

operator, the Division will prepare a Notice of Violation notifying the offender of the 

violation and conveying a compliance schedule allowing forty-five (45) days in which to 

secure the services of a certified operator. 

(C) In the event that the violation involves failure to provide public education or public 

notification, the system will be given thirty (30) days from the date of the NOV to carry 

out the notification. Failure to comply will result in the issuance of a Director’s Order. 

4. Upon confirmation, through documentation, that a second violation has occurred or a 

compliance schedule has not been met, the Division’s enforcement section will prepare 

the Director’s Order and mail the document by certified mail to the offender; and 

5. Prior to the issuance, the Director’s Order and supporting documentation will be 

reviewed by the Division Enforcement Coordinator and the Division Director. 

July, 2001 Delegation 7
6. The Director’s Order may, dependent upon the circumstances, contain corrective actions 

which must be accomplished in order for compliance to be achieved. 

It is the intent of the Division that this enforcement mechanism be swift, cover a short period and 

a small number of violations, and consequently will result in relatively small civil penalties. In 

the event the violation(s) is (are) not abated or new violations are encountered and after 

consultation with OGC, DWS shall pursue appropriate additional enforcement action, 

administrative or judicial. 

Civil Penalties will be assessed on all such Commissioner delegated Orders in accordance with 

the following schedule: 

Bacteriological Monitoring Failure (including Routine monitoring, Repeat monitoring, 

Elevated Routine monitoring and Repair/Construction Related monitoring) 

Non-Community Water Systems 

Water System Penalty

1. Churches or other non-profit organizations $ 100 

or associations 

2. All other non-community water 

systems (except surface source) $ 150 

3. All other non-community water 

systems (surface water source) $ 200 

Community Water Systems 

Population served Penalty

25 - 500 $ 200 

501 - 3,300 $ 300 

3,301 - 10,000 $ 400 

10,001 - 50,000 $ 500 

50,001 - 100,000 $ 600 

greater than 100,000 $ 700 

Nitrate/Nitrite Monitoring Failure (also a Chemical Monitoring Failure, see below)

July, 2001 Delegation 8
Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 200 

101 - 3,300 $ 400 

3,301 - 10,000 $ 700 

10,001 - 50,000 $1,000 

50,001 - 100,000 $1,500 

100,001 or greater $2,000 

Turbidity Monitoring and Chlorine Residual Monitoring Failure (including a failure to have 

monitoring turbidimeters calibrated according to prescribed manufacturer’s recommendations 

and set on correct scale) 

Population served Penalty

slow sand filtration systems, 1.0 micron filter 

systems or systems serving a population $ 100 

of 100 or less 

101 – 500 $ 300 

501 – 3,300 $ 650 

3,301 – 10,000 $1,200 

10,001 – 100,000 $2,000 

greater than 100,000 $3,000 

Chemical Monitoring Failure (these include individual Primary Chemicals, Secondary 

Chemicals, Nitrates, Sodium, Trihalomethanes, individual SOCs, individual VOCs, 

Radionuclides, Fluoride, etc.) 

Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 200 

101 - 3,300 $ 400 

3,301 - 10,000 $ 700 

10,001 - 50,000 $1,000 

50,001 - 100,000 $1,500 

100,001 or greater $2,000 

Lead and/or Copper Monitoring Failure

July, 2001 Delegation 9
Population served Penalty

100 or less $ 200 

101 - 500 $ 400 

501 - 3,300 $ 700 

3,301 - 10,000 $1,000 

10,001 - 100,000 $1,500 

greater than 100,000 $2,000 

Failure to Report (CT calculations, test measurements, failure to report monitoring for a 

parameter, each analysis of a parameter, public notification, report an equipment failure, serious 

loss of water service, an imminent endangerment, or an acute violation as required by rule) 

Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 100 

101 – 3,300 $ 300 

3,301 – 10,000 $ 650 

10,001 – 50,000 $1,200 

50,001 – 100,000 $2,000 

100,001 or greater $3,000 

Exceeding Maximum Contaminant Level (including Action Levels and Treatment Technique 

Violations) 

Community and Non-Community Water Systems 

Population served Penalty

slow sand filtration systems, 1.0 micron filter 

systems or systems serving a population 

of 100 or less $ 100 

101 – 500 $ 300 

501 – 3,300 $ 650 

3,301 – 10,000 $1,200 

10,001 – 100,000 $2,000 

greater than 100,000 $3,000 

Public Notification and/or Public Education Failure (including failure to give in a timely 

manner and/or form and with appropriate language as required by rule) 

Non-Community Water Systems 

July, 2001 Delegation 10
Water System Penalty

1. Churches and non-profit organizations $ 100 

2. All other non-community water systems 

(except surface water source) $ 150 

3. Non-transient non-community systems 

(surface water source) $ 200 

Community Water Systems 

Population served Penalty

25 - 500 $ 200 

501 - 3,300 $ 300 

3,301 - 10,000 $ 500 

10,001 - 50,000 $1,000 

50,001 - 100,00 $1,500 

100,001 or greater $2,000 

Failure to Monitor for or Meet Water Quality Parameters (includes 1200-5-1-.33(3)(f) and 

(g) and 1200-5-1-.33(8))

Population served Penalty

100 or less $ 100 

101 - 500 $ 200 

501 - 3,300 $ 300 

3,301 - 10,000 $ 500 

10,001 - 100,000 $ 800 

greater than 100,000 $1,200 

Failure to Implement or Follow Optimal Corrosion Control Recommendation (includes 

1200-5-1-.33(3)(f) and (g))

Population served Penalty

100 or less $ 100 

101 - 500 $ 200 

501 - 3,300 $ 300 

3,301 - 10,000 $ 500 

10,001 - 100,000 $ 800 

greater than 100,000 $1,200 

July, 2001 Delegation 11
Emergency Operation Plan Failure or Wellhead Protection Plan Failure (includes no plan, 

plan out-of-date, etc.) 

Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 300 

101 – 500 $ 600 

501 – 3,300 $1,000 

3,301 – 10,000 $1,500 

10,001 – 100,000 $3,000 

greater than 100,000 $5,000 

Bacteriological Site Sampling Plan Failure

Population served Penalty

100 or less $ 300 

101 - 500 $ 600 

501 - 3,300 $1,000 

3,301 - 10,000 $1,500 

10,001 - 100,000 $3,000 

greater than 100,000 $5,000 

Inadequate Water Pressure 

Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 300 

101 – 500 $ 500 

501 – 1,000 $ 900 

1,001 – 3,300 $1,500 

3,301 – 10,000 $3,000 

10,001 – 100,000 $4,000 

greater than 100,000 $5,000 

Failure to Retain Certified Operator 

Water System Penalty

1. Non-Community (except with surface source) $ 300 

2. Non-Community (surface source) $ 750 

July, 2001 Delegation 12
3. Community water system with population of 

3,300 or less $ 750 

4. Community water systems with population of 

3,301 to 33,000 individuals $1,000 

5. Community water systems with population of 

33,001 to 100,000 individuals $1,500 

6. Community water systems with population of 

100,001 or greater individuals $2,000 

Failure to Have an Operator in Attendance at a Filtration Plant (per 1200-5-1-.17(1)) 

 

Water System Penalty

1. Non-Community water systems $ 300 

2. Community water systems serving a population 

of 3,300 or less $ 750 

3. Community water systems with population of 

3,301 to 33,000 individuals $1,000 

4. Community water systems with population of 

33,001 to 100,000 individuals $1,500 

5. Community water systems with population of 

100,001 or greater individuals $2,000 

CWS Construction without Approved Plans, Deviation from Plans, and Placing a CWS 

treatment facility into service without an inspection and approval.

Community Water Systems 

Population served Penalty

100 or less $ 300 

101 – 500 $ 600 

501 – 3,300 $1,000 

3,301 – 10,000 $1,500 

10,001 – 100,000 $3,000 

greater than 100,000 $5,000 

Other Plans and Specifications Failures (includes NCWS Construction without Approved 

Plans, Placing a NCWS facility into service without approved plans, CWS construction without 

Approved Plans On-site, and Making process changes to a CWS without approval, etc.) 

Community and Non-Community Water Systems 

Population served Penalty

July, 2001 Delegation 13
100 or less $ 300 

101 – 500 $ 600 

501 – 3,300 $1,000 

3,301 – 10,000 $1,500 

10,001 – 100,000 $3,000 

greater than 100,000 $5,000 

Placing a new PWS into Operation (CWSs and NCWSs) without notifying the DWS prior 

to placing the system into operation and receiving approval by the department. 

Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 300 

101 – 500 $ 600 

501 – 3,300 $1,000 

3,301 – 10,000 $1,500 

10,001 – 100,000 $3,000 

greater than 100,000 $5,000 

New System Capacity Development Plan Failure (including any one of its components: 

Business Plan, Organization Chart, Operation and Maintenance Plan, Emergency Operations 

Plan (EOP), and Bacteriological Sampling Plan). 

Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 300 

101 – 500 $ 600 

501 – 3,300 $1,000 

3,301 – 10,000 $1,500 

10,001 – 100,000 $3,000 

greater than 100,000 $5,000 

Cross Connection Program Failure (including failure to have a Cross Connection Plan, 

Ordinance, Corresponding Program Implementation, and cross connection inspection records) 

Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 300 

July, 2001 Delegation 14
101 – 500 $ 600 

501 – 3,300 $1,000 

3,301 – 10,000 $1,500 

10,001 – 100,000 $3,000 

greater than 100,000 $5,000 

Failure to Perform Consumer Confidence Report (including NOT in a form as specified by 

rule) 

Population served Penalty

100 or less $ 300 

101 – 500 $ 600 

501 – 3,300 $1,000 

3,301 – 10,000 $2,000 

10,001 – 100,000 $3,000 

greater than 100,000 $5,000 

Failure to Report and/or Certify Consumer Confidence Report 

Population served Penalty

100 or less $ 300 

101 – 3,300 $ 600 

3,301 – 10,000 $1,000 

10,001 – 50,000 $2,000 

50,001 – 100,000 $3,000 

100,001 or greater $5,000 

Tank Inspection Failure (tank without an inspection within past five years) 

 

Population served Penalty

100 or less $ 100 

101 - 500 $ 300 

501 - 3,300 $ 500 

3,301 - 10,000 $ 750 

10,001 - 100,000 $1,000 

greater than 100,000 $2,000 

Failure to Maintain Adequate Storage (24 hours of distribution storage based on average daily 

demand of past 12 months) 

July, 2001 Delegation 15
Population served Penalty

100 or less $ 100 

101 - 500 $ 300 

501 - 3,300 $ 500 

3,301 - 10,000 $ 750 

10,001 - 100,000 $1,000 

greater than 100,000 $2,000 

Flushing Records Failure (including Flushing Records parameter data, i.e. beginning and 

ending chlorine residual, dates and times flushed, etc.) 

Population served Penalty

100 or less $ 100 

101 - 500 $ 300 

501 - 3,300 $ 600 

3,301 - 10,000 $1,200 

10,001 - 100,000 $2,000 

greater than 100,000 $3,000 

Failure to Flush and Disinfect Newly Constructed or Repaired Water Distribution Lines

(i.e. failure to follow AWWA Procedures per 1200-5-1-.17(8) and failure to maintain a minimum

chlorine residual throughout distribution system) 

Population served Penalty

100 or less $ 100 

101 - 500 $ 300 

501 - 3,300 $ 600 

3,301 - 10,000 $1,200 

10,001 - 100,000 $2,000 

greater than 100,000 $3,000 

Recordkeeping Failure (i.e. Failure to Maintain Required Monitoring and other “Inhouse” Records, including microbiological results, chemical monitoring results, public 

notification/education notices, violations, records of actions to correct violations, turbidity 

monitoring, copies of sanitary surveys and correspondence concerning sanitary surveys, turbidity 

calibration records, strip charts, laboratory test records, complaint log with follow-up 

information, tank records, O&M plan, EOP, daily worksheets, etc.). Does not include crossconnection and flushing records. 

Population served Penalty

July, 2001 Delegation 16
100 or less $ 100 

101 - 500 $ 300 

501 - 3,300 $ 600 

3,301 - 10,000 $1,200 

10,001 - 100,000 $2,000 

greater than 100,000 $3,000 

Failure to a CWS serving 50 connections or more to Maintain and Operate Duplicate 

Disinfection Equipment or the Failure to Maintain an Alarm with an Automatic Shut-off 

System (per 1200-5-1-.17(11)) 

Population served Penalty

100 or less $ 100 

101 - 500 $ 300 

501 - 3,300 $ 500 

3,301 - 10,000 $ 700 

10,001 - 100,000 $ 900 

greater than 100,000 $1,200 

Failure to have blow-offs on dead-end lines or other low points in water mains suitable for 

flushing (1200-5-1-.17(23)) 

Population served Penalty

100 or less $ 100 

101 - 500 $ 300 

501 - 3,300 $ 500 

3,301 - 10,000 $ 700 

10,001 - 100,000 $ 900 

greater than 100,000 $1,200 

Failure of a CWS serving 50 connections or more to Install Duplicate Pumps (per 1200-5-1-

.17(13)) 

Population served Penalty

100 or less $ 100 

101 - 500 $ 300 

501 - 3,300 $ 500 

3,301 - 10,000 $ 700 

10,001 - 100,000 $ 900 

greater than 100,000 $1,200 

July, 2001 Delegation 17
Failure to maintain equipment critical to the treatment process or production of water. 

Equipment considered critical shall include, but not be limited to the following: chemical 

feeders, mixers, flocculators, filter media, head gauges, laboratory equipment including 

turbidimeters, pumps, rate of flow controllers, alarm systems, settlers, air and chemical tanks. 

Community and Non-Community Water Systems 

Population served Penalty

100 or less $ 300 

101 – 500 $ 600 

501 – 3,300 $1,000 

3,301 – 10,000 $1,500 

10,001 – 100,000 $3,000 

greater than 100,000 $5,000 

It is the intent of the Division that this enforcement mechanism be swift, cover a short period and 

a small number of violations, and consequently will result in relatively small civil penalties. In 

the event the violation is not abated, then the failure to comply with the Director’s Order, as well 

as any continuing or new violations since its issuance, may be the subject of additional 

enforcement action, either administrative or judicial. 

Contingent Penalties Based on Corrective Actions 

Further, the Division of Water Supply is given authority to issue Director's Orders that include 

"corrective action." The scope of corrective action items addressed in a Director's Order shall 

include all violations which are addressed by this delegation. The DWS is given authority to 

assess contingent penalties for violations of the Act as set forth for the preceding violations not 

corrected as specified in the Director's Order. Failure to comply with the specified corrective 

actions shall result in contingent penalties which are twice (2x) the penalties assessed in the 

aforementioned paragraphs. The contingent penalties shall be due if there is not timely 

compliance with the specified corrective action. 

July, 2001 Delegation 18
DELEGATION OF COMMISSIONER’S AUTHORITY 

UNDER 

THE WATER ENVIRONMENTAL HEALTH ACT 

Purpose

In addition to regulating Public Water Supply Systems, the Division of Water Supply (DWS) is 

responsible for regulating Certified Operators which oversee, supervise and/or operate such 

public water systems. All public water systems are classified with regard to the size, type, 

physical conditions affecting the system, and according to the skill, knowledge and experience 

that an operator must possess to successfully supervise the operation of the system so as to 

protect the public health. Operators are certified in accordance with their education, 

qualifications and experience to successfully supervise the operation of water supply systems 

The Division is continually seeking the most efficient and effective means of preventing 

inadequate operation of water systems and assuring that certified operators correctly operate 

water systems under their supervision to ensure protection of the environment and the citizens of 

the State of Tennessee. 

Facts

The focus of the Water Environmental Health Act, T.C.A. Section 68-221-901, is to safeguard 

the public health and the quality of the environment by preventing inadequate operation of water 

and wastewater systems through a system of certification for operators and penalties for noncompliance. Thus, the rules utilized to regulate certified operators and the systems which they 

operate are by necessity preventative in nature. Consequently, immediate enforcement action is 

often necessary to alleviate any deficiency in the operation and/or maintenance of water or 

wastewater systems. 

In order to effectively and efficiently administer this Act and regulations, the DWS submits this 

proposal to enable the Division to address similar cases in an efficient manner. This system will 

allow enforcement to be more timely, which makes it more effective. In the event the 

violation(s) is (are) not abated or new violations are encountered and after consultation 

with OGC, DWS shall pursue appropriate additional enforcement action, administrative or 

judicial. 

Proposal

The DWS proposes to issue “Director’s Orders” for violations of the Act as set forth in this 

proposal. Such violations include: failure by an operator to comply with monitoring, sampling 

and/or reporting requirements; failure by an operator to take all action within the operator’s 

control to operate a system in the manner in which it is capable of operating; failure by an 

operator to notify the Department of conditions which may affect the quality or quantity of the 

water; and providing false or inaccurate statements, data or information to the Department. The 

July, 2001 Delegation 19
Director’s Orders will be signed by the Division Director and mailed, by certified mail, to the 

offending certified operator. 

The procedure to be followed under this delegation is as follows: 

1. The Division will discover the violation and/or inspect the system(s) being operated or 

review system records as necessary for verification; 

2. The Division will prepare a Notice of Violation notifying the offender of the violation(s) 

and set a schedule for compliance if applicable; 

3. Upon obtaining documentation of the violation (through an inspection or by confirmation 

of the records in the central office or both), DWS will prepare the Director’s Order and 

mail the document by certified mail; 

4. Prior to issuance, the Director’s Order and supporting documentation will be reviewed by 

the Division Enforcement Chief and the Director; and 

5. The Director’s Order may, dependent upon the circumstances, contain corrective actions 

which must be accomplished in order for compliance to be achieved. 

Civil penalties will be assessed on all such delegated Orders in accordance with the following 

policy and schedule. The number of violations cited in a Director’s Order shall be tallied or 

computed identically to how they are numbered or tallied in a Commissioner’s Order, even 

though several violations under the Safe Drinking Water Act Delegation (e.g. turbidity and 

chlorine) are categorized under one category in that delegation, each shall constitute a 

separate violation and provide a basis for violations under this delegation. Each and every 

due compliance report (whether daily, weekly, monthly, quarterly, or annual) shall 

constitute a separate violation. Each and every monitoring parameter or record entry 

(whether required every hour, for a 4 hour segment, daily, monthly, quarterly, or 

annually) shall be a separate violation. Where applicable, each and every day a violation 

occurs shall constitute a separate violation.

July, 2001 Delegation 20
Activity/Violation

Failure by an Operator or persons under his supervision to comply with monitoring, 

sampling, analysis or reporting requirements for a Non-Community water system or 

Community water system. 

Non-Community Water System Penalty

1. Churches or other non-profit organizations 

 or associations $ 200 

2. All other public non-community water 

systems (except surface water source) $ 400 

3. Non-transient non-community water 

systems (surface water source) 

A. Systems < 1.0 MGD $ 400 

B. Systems 1.0 MGD or greater $ 900 

Community Water Systems - serving the following: 

Population served Penalty

25 - 500 $ 300 

501 - 3,300 $ 500 

3,301 - 10,000 $ 700 

10,001 - 50,000 $ 800 

50,001 or greater $ 900 

The intentional or negligent failure by an Operator, or persons under his/her supervision, 

to act or react and which results in a water supply system facility not operating in the 

manner in which it is capable of being operated for the performance of its designed 

function. Penalties are assessed for Operators of non-community and community water 

systems according to the following population ranges:

Population served Penalty

100 or less $ 300 

101 - 500 $ 500 

501 - 3,300 $ 700 

3,301 - 10,000 $ 900 

10,001 - 100,000 $1,000 

100,001 or greater $1,200 

July, 2001 Delegation 21
The intentional or negligent failure by an Operator, or persons under his supervision, to 

notify the Department of conditions which may affect the quantity or quality of water 

being supplied to the customers of a water supply system or which are violative of a 

drinking water standard. Penalties are assessed for Operators of non-community and 

community water systems according to the following population ranges: 

Population served Penalty

100 or less $ 200 

101 - 500 $ 300 

501 - 3,300 $ 400 

3,301 - 10,000 $ 600 

10,001 - 100,000 $ 800 

100,001 or greater $1,000 

Providing inaccurate or false statements to the State or recording and/or reporting any 

data or information which is known, or should be known to be inaccurate, misleading or 

false including the failure to exercise reasonable care, judgment or application of 

knowledge in the preparation of data, reports and information. Penalties are assessed for 

Operators of non-community and community water systems according to the following 

population ranges: 

Population served Penalty

100 or less $ 400 

101 - 500 $ 800 

501 - 3,300 $1,200 

3,301 - 10,000 $1,500 

10,001 - 50,000 $1,800 

50,001 - 100,000 $2,000 

100,001 or greater $2,500 

It is the intent of the Division that this enforcement mechanism be swift, cover a short period and 

a small number of violations, and consequently will result in relatively small civil penalties. In 

the event the violation is not abated, then the failure to comply with the Director’s Order, as well 

as any continuing or new violations since its issuance, may be the subject of additional 

enforcement action, either administrative or judicial. 

Contingent Penalties Based on Corrective Actions 

Further, the Division of Water Supply is given authority to issue Director's Orders that include 

"corrective action." The scope of corrective action items addressed in a Director's Order shall 

include all violations which are addressed by this delegation. The DWS is given authority to 

July, 2001 Delegation 22
assess contingent penalties for violations of the Act as set forth for the preceding violations not 

corrected as specified in the Director's Order. Failure to comply with the specified corrective 

actions shall result in contingent penalties which are twice (2x) the penalties assessed in the 

aforementioned paragraphs. The contingent penalties shall be due if there is not timely 

compliance with the specified corrective action. 

July, 2001 Delegation 23
DELEGATION OF COMMISSIONER’S AUTHORITY 

UNDER 

THE TENNESSEE WATER WELLS ACT OF 1963 

Purpose and Facts

The Division of Water Supply (DWS) has been, and continues to be, responsible for regulating 

individuals who commercially drill water wells in the State of Tennessee. The DWS proposed 

and was granted authority to issue “Director’s Orders” for certain violations of the Tennessee 

Water Wells Act (the Act) on December 22, 1992, on June 18, 1997, and again on May 6, 1999, 

by amended delegation. This enforcement mechanism has worked well for the Division and 

remains a very efficient enforcement mechanism; however, the Division is continually seeking 

the most efficient and effective means of assuring a safe water supply for the people of 

Tennessee. As the Division strives to insure that water wells are properly constructed, costs of 

water wells rises and the number of licensed well drillers and pump installers increases, the 

Division has identified areas of non-compliance which need to be adjusted in order to encourage 

the submittal of well reports. 

Additionally, the Division has recognized that the monetary penalty amounts currently 

authorized regarding unlicensed activities are becoming less a deterrent to such illegal activity 

and require minor adjustment. 

Proposal

In order to increase the effectiveness of this enforcement mechanism as a deterrent to illegal 

activity, the DWS proposes to amend the current delegation of Commissioner’s authority. The 

amended delegation will include drilling and installing a pump or treatment device without a 

license, failing to post or possess a license, failure to tag a water well, failure to submit a report 

of well driller within 30 days of completion, failure to cap a well, maintain well casing, maintain 

setback distances, failure to utilize required drilling fluids, failure to properly abandon a well, 

and failure to follow procedural requirements relating to variances and conditional licenses. In 

addition, the proposed delegation increases monetary penalty amounts for several of the 

unlicensed activities. The proposed increase in authorization consists of reducing and increasing 

penalties for several violations. . The number of violations cited in a Director’s Order shall 

be tallied or computed identically to how they are numbered or tallied in a Commissioner’s 

Order, even though several violations (e.g. casing is not 6 inches above land surface and 

well was not properly capped) are categorized under one category each shall constitute a 

separate violation. Each and every well drilled, pump and/or treatment device installed by 

an unlicensed individual shall constitute a separate violation.

In order to effectively and efficiently administer this Act and regulations, the DWS submits this 

proposal to enable the Division to address similar cases in an efficient manner. This system will 

allow enforcement to be more timely, which makes it more effective. In the event the 

violation(s) is (are) not abated or new violations are encountered and after consultation 

with OGC, DWS shall pursue appropriate additional enforcement action, administrative or 

July, 2001 Delegation 24
judicial. Director’s Orders issued under this proposed delegation would be signed by the 

Division Director and mailed, by certified mail, to the offending violator.

The current delegation utilized includes a procedure to be followed. This procedure will be 

continued by the DWS as follows: 

1. The DWS will discover the violation and inspect the location as necessary; 

2. The Division will prepare a Notice of Violation notifying the offender of the violation(s) 

and set a schedule of compliance if applicable. 

3. Upon obtaining documentation of the violation (either through an inspection or by 

confirmation of the records in the central office or both), DWS will prepare the 

“Director’s Order” and mail the document by certified mail;4. Prior to issuance, the 

Director’s Order and supporting documentation will be reviewed by the Division 

Enforcement Chief and the Director. 

5. The Director’s Order may, dependent upon circumstances, contain corrective actions 

which must be accomplished for compliance to be achieved. 

The current and proposed civil penalties will be assessed on all such delegated Orders in 

accordance with the following schedule: 

Activity Penalty

License

(a) Drilling well without license $1,500 

(b) Installing pump or water 

treatment without a license $ 600 

Identification 

(a) Failing to post license during drilling $ 100 

(b) Failing to post name and “TN LIC” 

number on drilling equipment $ 100 

(c) Failing to possess an ID card for a 

 Rig Operator $ 100 

(d) Failing to equip and identify a water 

well with a water well driller identification 

 tag $ 100 

July, 2001 Delegation 25
Reports 

(a) Failing to submit a “report of well driller” 

within thirty (30) days (as required) but 

 within 90 days (5 late reports or less) $ 100 

(b) Failing to submit a “report of well driller” 

within thirty (30) daysbut within 90 days 

(less than 15 late reports but more than 5 

late reports) $ 300 

(c) Failing to submit a “report of well driller” 

within thirty (30) daysbut within 90 days 

(more than 15 late reports) $ 500 

(d) Failing to submit a “report of well driller” 

within thirty (90) days(each unreported

well ) $ 250 

(e) Failing to submit an abandonment report 

 within sixty (60) days $ 100 

(f) Failing to provide required information 

and data on “report of well driller” $ 50 

(g) Failing to submit accurate information 

on “report of well driller” $ 100 

(h) Failing to sign “report of well driller” 

certifying accuracy $ 50 

Construction 

(a) Failing to maintain well casing from

six (6”) inches above to at least 

twenty (19’) feet below land surface $ 200 

(b) Failing to properly cap well $ 150 

(c) Failing to backfill annular space 

of well with impervious material $ 200 

(d) Failing to maintain minimum setback 

July, 2001 Delegation 26
 distances $ 400 

(e) Improper installation of well casing, 

screen or perforated pipe $ 300 

(f) Failing to properly develop a water well $ 200 

(g) Failing to utilize required drilling fluids 

during construction of a water well 

 or pump installation $ 200 

(h) Failing to properly install a pump or water 

 treatment device $ 200 

(i) Failing to properly abandon a water 

well $ 300 

(j) Failing to seal off any source of contamination 

encountered during the drilling process $ 400 

Procedural 

a. Failing to follow the conditions of an 

approved written variance request $ 300 

b. Failing to obtain written approval prior to 

a variance in construction $ 300 

c. Failing to observe protocol required 

by a conditional license $ 300 

It is the intent of the Division that this enforcement mechanism be swift, cover a short period and 

a small number of violations, and consequently will result in relatively small civil penalties. In 

the event the violation is not abated, then the failure to comply with the Director’s Order, as well 

as any continuing or new violations since its issuance, may be the subject of additional 

enforcement action, either administrative or judicial. 

Contingent Penalties Based on Corrective Actions 

Further, the Division of Water Supply is given authority to issue Director's Orders that include 

"corrective action." The scope of corrective action items addressed in a Director's Order shall 

July, 2001 Delegation 27
include all violations which are addressed by this delegation. The DWS is given authority to 

assess contingent penalties for violations of the Act as set forth for the preceding violations not 

corrected as specified in the Director's Order. Failure to comply with the specified corrective 

actions shall result in contingent penalties which are twice (2x) the penalties assessed in the 

aforementioned paragraphs. The contingent penalties shall be due if there is not timely 

compliance with the specified corrective action. 

July, 2001 Delegation 28
DELEGATION OF COMMISSIONER’S AUTHORITY 

UNDER 

THE WATER QUALITY CONTROL ACT 

Underground Injection Control Program 

Purpose

The Division of Water Supply (DWS) is responsible for regulating the injection of fluids and 

other substances to the State’s Underground Water Resources. The Division is continually 

seeking the most efficient and effective means of preventing the pollution of the State’s ground 

water resources to ensure protection of the environment and the citizens of the State of 

Tennessee. 

Facts

The focus of the Water Quality Control Act (T.C.A. Section 69-3-101 et seq.), and the 

Underground Injection Control Regulations promulgated under it is to safeguard the public 

health and the quality of the environment by protecting the ground waters of the State. The rules 

utilized to regulate injection activity are by necessity preventative in nature. Consequently, 

immediate enforcement action is often necessary to alleviate any activity which might 

contaminate the ground water resources of the State. 

In order to effectively and efficiently administer this Act and regulations, the DWS submits this 

proposal to enable the Division to address similar cases in an efficient manner. This system will 

allow enforcement to be more timely, which makes it more effective. In the event the 

violation(s) is (are) not abated or new violations are encountered and after consultation 

with OGC, DWS shall pursue appropriate additional enforcement action, administrative or 

judicial. 

Proposal

The DWS proposes to issue a “Director’s Order” for violations of the Act as set forth in this 

proposal. Such violations include: the construction or operation of Class II and Class V injection 

wells, including the disposal of fluids into sinkholes without a permit, authorization or disposal 

outside the conditions of the permit, the failure to maintain or submit required records or reports, 

and the discharge of a pollutant affecting ground waters of the State. The failure to install or 

maintain erosion/sediment controls around a sinkhole are also addressed in this proposal. Class I 

, Class III, and Class IV wells will continue to be addressed through current enforcement 

procedures resulting in a Commissioner’s Order. In addition, the number of violations cited 

in a Director’s Order shall be tallied or computed identically to how they are numbered or 

tallied in a Commissioner’s Order, even though several violations (e.g. construction of a 

class II injection well without authorization and discharge of oil or other pollutant to a 

location affecting ground water) are categorized under one category, each shall constitute a 

July, 2001 Delegation 29
separate violation. Each and every report required and due shall constitute a separate 

violation. In addition, each and every day a violation occurs shall constitute a separate 

violation. Director’s Orders issued under this proposed delegation would be signed by the 

Division Director and mailed, by certified mail, to the offending violator. 

The procedure to be followed under this delegation is as follows: 

1. The Division will discover the violation and/or inspect the activity(s) being operated 

and/or review any records as may be available and necessary for verification; 

2. The Division will prepare a Notice of Violation notifying the offender of the violation(s) 

and set a schedule for compliance if applicable; 

3. Upon obtaining documentation of the violation (through an inspection or by confirmation 

of the records in the central office or both), DWS will prepare the Director’s Order and 

mail the document by certified mail; 

4. Prior to issuance, the Director’s Order and supporting documentation will be reviewed by 

the Division Enforcement Chief and the Director; and 

5. The Director’s Order may, dependent upon the circumstances, contain corrective actions 

which must be accomplished in order for compliance to be achieved. 

Civil penalties will be assessed on all such delegated Orders in accordance with the following 

schedule: 

Activity/Violation Penalty

Construction or operation of a Class II injection $1,500.00 

well without permit or authorization 

Failure to operate a Class II injection well in $ 500.00 

accordance with permit conditions 

Failure to maintain or submit required records $ 250.00 

or reports 

Failure to properly plug and abandon Class II $1,500.00 

injection well 

Discharge of oil brine, drilling fluid, or $3,000.00 

other pollutant to a location affecting ground 

waters of the State without a permit or 

July, 2001 Delegation 30
authorization by rule 

Construction, conversion or operation of a Class V $1,500.00 

injection well without permit or authorization 

Failure to operate Class V injection well in $ 500.00 

accordance with permit conditions 

Failure to file notification of operation of an $ 250.00 

existing Class V injection well, or failure to 

maintain or submit required records or reports 

Discharge of sewage to a well, sinkhole, $1,500.00 

sinking stream, or subsurface fluid distribution 

system other than a subsurface sewage Disposal 

system permitted under the provision of Rule 

1200-1-6-.05 

Discharge of industrial or commercial process $1,500.00 

waste to a Subsurface Sewage Disposal System

permitted under the provisions of Rule: 1200- 

1-6-.05. 

Disposal of commercial, industrial, or house- $1,500.00 (Commercial or 

hold waste into a sinkhole Industrial) 

 $ 500.00 (Household) 

Failure to install or maintain erosion/sediment $ 250.00 

controls around a sinkhole 

Failure to install or maintain treatment devices $ 500.00 

required to prevent discharge of pollutants to a 

Class V well 

Failure to perform required monitoring of $ 250.00 x 

injectate or ground water 

July, 2001 Delegation 31
Failure to properly plug and abandon Class V $1,000.00 

injection well 

It is the intent of the Division that this enforcement mechanism be swift, cover a short period and 

a small number of violations, and consequently will result in relatively small civil penalties. In 

the event the violation is not abated, then the failure to comply with the Director’s Order, as well 

as any continuing or new violations since its issuance, may be the subject of additional 

enforcement action, either administrative or judicial. 

Contingent Penalties Based on Corrective Actions 

Further, the Division of Water Supply is given authority to issue Director's Orders that include 

"corrective action." The scope of corrective action items addressed in a Director's Order shall 

include all violations which are addressed by this delegation. The DWS is given authority to 

assess contingent penalties for violations of the Act as set forth for the preceding violations not 

corrected as specified in the Director's Order. Failure to comply with the specified corrective 

actions shall result in contingent penalties which are twice (2x) the penalties assessed in the 

aforementioned paragraphs. The contingent penalties shall be due if there is not timely 

compliance with the specified corrective action.

July, 2001 Delegation 32