# •T . 68, Ch. 221, Pt. 7, Refs & Annos, TN ST T . 68, Ch. 221, Pt. 7, Refs & Annos


## -·-------·--· ·--·---

West's Tennessee Code Annotated

Tit le 68 . Health, Safety and Environmental Protection Environmental Protection Chapter 221. 

### Water and Sewerage

Part 7. Tennessee Safe Drinking Water Act of 

### 1983 T. C. A. T. 68, Ch. 221, 

### Pt. 7, Refs & 

### Annos Currentness


### !:.. C. A. T. 

### 68, Ch. 221 , 

### Pt. 7, Refs**~** 

### AJ]nos.._TN ST T. 

### 68, Ch. 221, 

### Pt. 7, Refs & 

### Annos ·----- Current through end of2012 Second Reg. Sess.End of Dorumrnl ;£"; 20 13 Thommn**R-:u ter~** **.** N o claim 

### w origi nal U . S. Government w,wks.



## -- ··· -- ··-- ··--·- 

## --·---···---------- 

# - · -----------§ 68-221-701. Short tit l e, TN ST § 68-221-701 West's Tennessee Code An notate d

Titl e 68. H ealth, Safety and Environmental Protection Environment al Protection Chapte r 221. Water and Sewerage (Refs & Annos) Part 7. Tennessee Safe Drinking Water Act of 1983 (Refs & Annos) T. C. A. § 68-221-701 § 68- 221-7 01. Short tit l e Currentness Thi s part shall be known and may be cited as the "Tennessee Safe Drinking Water Act of 1983 ." Cred i ts 1983 Pub.Acts, c. 324, § 2.

Fo rm e rl y § 68-13-70 I . No tes of Decisions ( I ) T. C. A. § 68-221-70 1 , TN ST § 68-221-70 1 Cu r re nt through end of20 12 Second Reg. Sess.Enll nfDOCIIIfll'llt§ 68-22 1 -702. Legis lative declaration , TN ST § 68-221-702



### West's Tennessee Code Annotated Title 68. Hea lth, Safety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (Refs & 

### Annos) Patt 7. Tennessee Safe Drinking Water Act of 1983 (Refs & An

### nos) T. C. A. § 68-221-702 § 

### 68-221-702. Legislative declaration
Currentness 

### Recognizing that the waters ofthe state are the property of the state and are held in public trust for the benefit of its citizens, it is declared that the people of the state are beneficia ries of this trust and have a right to both an adequate quanti ty and quality ofdrinking water. Cred its 1983 Pub.Acts , c. 324, § 3. Fo rmerly 

### § 68-13-702.
T. C. A.§ 68-221-702, TN ST § 68-22 1-702 Current through end of2012 Second Reg . Sess.End Of I> Ol"UIIIl' ll l i'J 20 13 Thom s on

**R~utl·rs.** No claim to original U. S. Govcrnm.:nr W,> rks



### 3§ 68-221-703. Definitions, TN ST § 68-221-703 ---------------------------- - - - -·-- · - - ---- · - · -·- - -- -- - -- West's Tennessee Code Annotated Title 68. Health, Saf ety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (Refs & Annos) Par t 7- Tennessee Safe Drinking Water Act of 1983 (Refs & Annos) T. C. A.§ 68-221-703 § 68-221 - 703. Definitions Effective : J ul y 9, 2012 Currentness As used in this part, unless the context otherwise requires: (I) "Administrator" means the administrator of the United States environmental protection agency (EPA), or the administrator's designated representative; (2) "Board" means the Te nnessee board of water quality, oil and gas as established by§ 69-3-104; (3) "Certified laboratory" means any facility for perfonning bacteriological, chemical or other analysis on drinking water which has received interim or final cet1ification by the department; (4) "Commissioner" means the commtsstoner of environment and conservation, the commissioner's duly authorized representative, and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner; (5) ''Construction" means any placement, assembly or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises; (6) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water; (7) "Cross connection" means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains, or may contain, contaminated water, sewage or other waste or liquid of unknown or unsafe quality which may be

capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices through which, or because of which, backflovy could occur are considered to be cross-connections; (8) "Department" means the department of environment and conservation; (9) "Director" means the director of the division of water supply; 4

### § 68-221 -703. Def initions, TN ST 

### § 68-221-703 

# ---·----·------------- ·------- --------
(10) "Division" means the division ofwater supply ofthe department; (II) "Drinking water regu lat ions" means regulations promulgated pursuant to this part; 

### (12) "Federal act" means the Safe Drinking Water Act, P.L. 93-523, as amended; ( 13) "Ground water" means water beneath the surface of the ground, whether or not flowing through known or definite channels; (14) "Lead free" means: (A) When used with respect to solder or flux, a solder or flux containing not more than two tenths of one percent (0.2%) lead; or (B) When used with respect to pipe or pipe fitting , a pipe or pipe fitting containing not more than eight percent (8%) lead; (15) "Maximum contaminant level" means the maximum permissible level of a contaminant in water which is delivered to any user ofa public water system; ( 16) "National primary drinking water regulations" means primary drinking water regulations, as amended, promu lgated by the administrator pursuant to the federal act; (17) " Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof , departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organi zed or existing under the laws of this or any other state or country; (18) " Primary drinking water regulations" are regulations promulgated by the board in accordance with this part which specify contaminants which may have any adverse effect on the health of persons, and which specify a maximum contaminant level for each such contaminant and monitoring, reporting and record-keeping requirements as determined by the board; ( 19) IN GENERAL. (A) "Public water system" means a system for the provision of water for human consumption through pipes or other constructed conveyances, if such serves fifteen ( 15) or more connections or which regularly serves twenty-five (25) or more individual s daily at least sixty (60) days out of the year. A public water system includes : (i) Any co llection, treatment, storage or distribution facility under control of the operator of such system and used primarily in connection with such system; and 

### 5§ 68-221-703. Definitions, TN ST § 68-221-703 · ------------- --- ----------- (ii) Any collection or pretreatment storage facility not under such control which is used primarily in connection with such system. (B) CONNECTION. (i) IN GENERAL. For purposes of subd ivi sion (A), a connection to a system that delivers water by a conveyanc e other than a pipe sha ll not be considered a connection, if:

(a) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses); (b) The commissioner detennine s that alternative water to achieve the equivalent l evel of public health protection provid ed by the applicable n at ional primary drinking water regulation i s provided for residential or similar uses for drinkin g and cooking; or (c) The commissio ner determines that the water provided for residential or simila r uses for drinking, cooking and bat hing is centrally treated or treated at the point of entry by the provider, a pass throu g h entity, or the user to achieve the equivalent level of protection provided by the applicab l e national primary drinking wat e r regulations. (ii) IRRIGATION DISTRICTS. An irrigation district in existence prior to May 18, 1 994, that provides primarily agricultural se rvice through a piped water system with only incidental re side ntial or similar u se shall not be considered to be a public water system if the system or the residential or sim il ar u sers of the system comply with subdivision (19)(B)(i)(b) or (c). (20) "Secondary drinking water regulations" means re gulatio ns which apply to public water systems and which specify the maximum contaminant levels which, in the judgment o f the board , are requisite to protect the public welfare. Such regulations may apply to any contaminant in drinking water which may: (A) Adversely affect the odor or appearance of such water and consequently may cause a subs tantial number of persons served by the pub l ic water system providing such water to discontinue i ts u se; or (B) Otherwi se adversely affect the public welfare;

(21) "S tream s" includes any river, creek, slo ugh or natural water course in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. The fact that some part s of the bed or channel have been dredged or improved does not prevent the water course from being a stream; (22) "Supplier of water" means any p e r so n who owns, operates or controls a public water system; (23) "Sur fa ce water" includes water s upon the surface of the earth in bounds c reated naturally or artificially includin g, but not limited to, s tr eams, other water cour ses, lakes and re se rvoir s; and (24) "Waters" means a ny and all water, public or privat e, on or ben eath the su rface of the groun d , which are contai n e d ------·--· **·~ ----·** § 68-221-703. Definitions, TN ST 

### § 68-221-703 within, fl ow through, or border upon Tennessee, or any portion thereof , except those bodies ofwater c onfined to and retained within the limits of privat e property in sing l e ownership which do not combine or effect a junction with natural surface or underground waters.
Credits 1983 Pub .Acts , c. 324, § 4; 1988 Pub.Acts, c. 583 , § 2; 1998 Pub.Acts, c. 592, 

### §§ I to 3, eff. March I0, 1998. 

### Formerly 

### § 68- I3-703. Notes ofDecisions (I)

T. C. A. § 68-221-703, TN ST 

### § 68-221-703 Current through end of20 12 Second Reg . Sess. E nd uf Oot•unu•nt rt) 2013 T homson R.:u r crs. No

**~.: irn**  hl o ri ginal U. S. Govctnnl\'tH \\'\lrks.



### 7§ 68-221-704. Powers and duties of board, TN ST § 68 -22 1-704 West's Tennessee Code Annotated Title 68 . Health, Safety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (Refs & Annas)

Part 7· Tennessee Safe Drinking Water Act of 1 983 (Refs & Annos) T. C. A. § 68-221-704 § 68-221-704. Powers and duties ofboard Effective: August 5, 2011 Curre n tness I n the pe rfo rmance of its duties concerning safe drinking water, the board has the following duties and responsibilities, to: (I) Establish by rule or regulation such policies, requirements or standards governing the source, collection, distribution, purification, treatmen t and storage of water for public water systems as it deems necessary for the reasonable and proper use thereof in conformity with the intent of this part, and such rules and regulations may inc l ude a schedule of fees for reviewing

plans, making inspections , and performing tests and analyses of water samples as permitted by this part; (2) Adopt, mod i fy, repeal and promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title

4, chapter 5, rules and regulations which the board deems necessary for the proper adm ini stratio n of this pmt. Such rules and regulatio n s shall at a minimum: (A) Establish maximum contaminant levels for each contaminant which, in the board's judgment, may have an adverse effect on the public health;

(B) Establish standards and procedures to assure an adequate supply of safe drinking water which dependably complies with maximum contaminant levels as determined in subdivision (2)(A). Such regulations may provide tor: (i) The minimum quality of raw water which may be taken into a public water system; (ii) A program of laboratory certification; (iii) Monitoring and analysis; (iv) Record keeping and reporting; (v) Pub lic notification by the water supplier of violations of the primary drinking water regulations and such other drinking water regulations as determined necessary by the board; (vi) Procedures for inspection of public water systems, inspection of records required to be kept and the taking of ' , ' : -:-; t t . :,. :. N e : d © 20 · 1 3 T i 1CHT t SO I1 Heut(Hs . N o cla i m to o r !g i r: a i U.S. Co vern . nsn l \N c• t k>. 8

### § 68-221-704. Powers and duties of board , TN ST 

### § 68-221-704
samples; (vii) Procedures for design and construction r eview and approval ofnew or modified public water systems; (vii i) Siting ofnew public water system facilities as regards public health; (ix) Elimination of cross-connections in distribution systems; (x) A schedu le of the a mount of civil penalty which can be assessed by the commi ssioner for certain specific violations or categori es of violations; and (xi) Such additional criteria and procedures as may be required to carry out the purposes ofthis part; 

### (C) Estab lish criteria and procedures for setti ng performance bonds for water systems; (D) Establish standards and procedures for granting variances or exemptions from certain provisions of these rules an d regulations; provided, that the standa rds or procedures established shall not permit any variance or exemption under conditions and in a manner which is less stringent than the conditions under and the manner in which variances or exemptions may be granted under§§ 1415 and 1416 of the national Safe Drinking Water Act, as amended, codified in 42 U.S.C. 

### §§ 300g-4 and 300g-5; and (E) Estab lish a requirement that all new community water systems and new nontransient, noncommunity water systems commencing operation after October I , 1999, demonstrate technical, managerial , and financial capacity to comply with national prim ary drinking water regulations and this part an d the rules promulgated hereunder; (3) Hear appeals from orders issued by the commissioner, or civil penalties imposed by the commissioner; affirm, modify or revoke such actions or orders of the commissioner; issue notices of such appeals; iss ue subpoenas requiring attendance of witnesses and productio n of evidence; administer oaths; and take such testimony as the board deems necessary. Any of these powers may be exerci sed on behalf of the board by any member or members thereof appointed by the chair, or by a hea ring officer designated by the c ha ir, subject to review by the board ; and (4) Require the technical secretary to can y out surveys, research and investigations into all aspects of the supply of safe drinking water.
C r ed i ts 1983 Pub .Acts, c. 324, 

### § 5; 1988 Pub.Acts, c. 583, §§ 3, 4; 1998 Pub.Acts, c. 592, § 4, eff. March I0, 1998. Fo rmerl y § 68-13-704.
T. 

### C.

**A. §__?8**  **22J.:704,** 

### TN 

# ST § 

### 68-2_21

_ -7

_ 0

_ 4 ___ _ ----- ------ - - -- CuJTent through end of20 12 Second Reg. Sess.End l ) 2 0 13 l"l wnl SMl Rclll.:rs . 

### :-J<, daimw Niginal l i.S. Govcmrncn1 Works . of l)o\ , Uill(! ll I



# - "--
- ---- - - -·---·-------------- 9§ 68-221-704. Po wers and duties of board, TN ST § 68-221-704

### § 68-221-705. Powers and d uties of co mm issi oner, TN ST 

### § 68-221 -705



### West's Tennessee Code Annotated

Title 68. Health, Safety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (Refs & 

### Annos) Part 7· Tennessee Safe Drinking Water Act of 1983 (Refs & 

### Annos) 

### T. C. A.§ 

### 68
- 221-705 § 

### 68-221
-705. Powers and duties ofcommissioner Effective: A ugust 5, 2011 Currentness In addition to any power, duty or responsibility given to the commiss ioner by other sections of the code, the commissioner has the following powers, duties and responsibi li ties to: 

### (I) Exercise general supervisiOn over the administration and enforcement of this part and all rules and regu lations promulgated thereunder; (2) Mak e inspections and investigations, collect samp l es, carry on resea rch, or take s uch other action as may be necessary to cany out this part, rules and regulation s issued pursuant thereto, and any orders which the commissioner may issue; (3) Enter or authorize the commiss ioner's agents to enter at all reasonable times upon any property other than dwe lling places for the purpose of conducting investigations or studies or enforcing any of this part; (4) Advise, consult, cooperate, contract and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons. In add it ion, the depattment has the authori ty, subject to approval by the governor, to enter into agreements with other states and the United States relative to planning and use of water from int ersta te water. This authority shall not be deemed to extend to the modification ofany agreement with the state concluded by direct legislative act, but unless ot herwise express ly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement; (5) When funds may become available to the state as such, apply for , accept, administer and utilize loans and grants from the federal government, state government, and from any other sources, public or private, for provision and control of public water systems in the state; (6) Collect and disseminate information relating to the water being furnished by the public water systems ofthe state; (7) Administer oaths, iss ue s ubpoenas and compel attendance ofwitnesses and production ofdata for all purposes ofthis part; (8) Bring suit in the name of the depa1tment for any violation ofthis part, rules and regulations ofthe board, and or ders ofthe board or commissioner seeking any remedy therein prov ided, and any other statutory or common Jaw remedy therein provided;


## ·----- 

## - --- --·

---- 

# ----- 1 1§ 68-221-705. Powers and duties of commissioner, TN ST § 68 - 22 1-705 -------------------------- ------ ------------ (9) Assess civil penaltie s for violation of any provision of this part or any rule, regulation , standard adopted or order issued by the board or commissioner pursuant to this part; (I 0) Issue orders as may be necessary to secure compliance with this part, as well as the rules and regulations adopted pursuant to these sections. Such orders may include placing a moratorium on any further connections to a water system until remedial action is completed; (II) Investigate any alleged or apparent violation of this part and take any action authorized hereunder as the commissioner deems n ecessary to enforce these sections; ( 12) Delegate to the director any of the powers, duties and responsibilities of the commissioner under this part; (13) In accordance with the standards and procedures established by the board, grant variances or exemptions from certain provisions ofthis part and the rules and regulations promulgated hereunder; and ( 14) Develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity to comply with national primary drinking water regulations and this patt and the rules promulgated hereunder. · C r edits 1983 P ub.Acts, c. 324, § 6; 1988 P ub.Acts, c. 583, § 5; 1998 Pub. Acts, c. 592, § 5, eff. March 10, 1998. Formerly§ 68-13-705. T. C. A.§ 68-221-705, TN ST § 68-221-705 Current through end of20 12 Second Reg. Sess . En <l of Dol ' umrn t ---- -- ----- - - ---------------

**~~** 2013 Thomson R.:utcrs . N<l **im** ll > original U.S. Government W o rks . ' 1 2

### § 68-221-706. Supervision over construction, TN ST § 68-221-706



### West's Tennessee Code Annotated

Title 68. Health, Safety and Environmental Protection Environmental Protection

Chapter 221. Water and Sewerage (Refs & An

### nos) Part 7. Tennessee Safe Drinking Water Act of 1983 (Refs & 

### Annos) T. C. A. 

### § 

### 68-221-706 § 

### 68-221-706. Supervision over construction
Cu rrentness
(a)(l) The department shall exercise general supervision over the construction ofpublic water systems throughout the state. (2) Such general supervision shall include all of the features of construction of public water systems which do or may affect the sanitar y quality or the quantity ofthe water supply. (3) No new construction shall be done nor shall any change be made in any public water system until the plans for such new construction or change have been submitted and approved by the department. (4) [n granting approval of such plans, the department may spec ify such modification, conditi ons and regulations as may be required for the protection ofthe public health and welfare. (5) The source of raw water and the quantity ofraw water to be drawn from the waters of the state are subject to review and approval by the department. (6) Records of construction, including plans and descriptions of existing works, shall be made available to the department upon request. (7) The person in charge ofthe public water supply shall promptly comply with s uch request. (b)(l) Any unit of local government which imposes standards and requirements for the construction of public water systems may apply to the commissioner for the commissioner's certification that the locally imposed standards and requirements are at least as sufficient to protect the public health as those of the department. (2) After certification, submission of plans to and approval by the local government for construction and changes in public water systems shall be sufficient in I ieu of approval by the department as otherwise required by this section. (3) The commissioner may periodically review the local standards and requirements and prescribe changes upon which continued certification may be conditioned.

'1 3§ 68-221-706 . Sup erv ision over construction , T N ST § 68-221-706 C r e dit s 1983 P ub.Acts, c. 324, § 7.

Fo rmer l y § 6 8 - 1 3 - 706. l- C . A : _ § 6 8 -22 1 -7 0 6, TN ST § 68-221-706 Curr e nt throu g h e nd of 20 1 2 S econd Reg. Sess. End o f I)I H : Uili C II(

·--- -· --- **~** 20 1 3 T h omson

**Re ut**  **er~.** No daimto o r ig.irm l U.S . ( i1 • v muncnt Wv r l..s. " 1 4

### § 68-221-707. Supervision over operation and maintenance, TN ST 

### § 68-221-707
...

# ____ _ _______________

West's Tennessee Code Annotated

Title 68. Health, Safety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (Refs & An

### nos)

Part 7. Tennessee Safe Drinking Water Act of 1983 (Refs & 

### Annos) T. C. A.§ 68-221-707 § 

### 68-221
-707. Supervision over operation and maintenance
Cu rre ntness 

### (a) The department shall exercise general supervision over the operation and maintenance of public water systems throughout the state. (b) Such general supervision shall include all the features of operation and maintenance which do or may affect the quality or quantity ofthe water supplied . (c) In addition , all new community public water systems shall submit an operation and maintenance plan for review and approval by the department (d) Approval of this plan must be obtained before construction begins.
Credits 1983 Pub.Acts, c. 324, § 8. Formerly § 68-13-707.
T. C. A.§ 68-221-707, TN ST §

**68- ~2**  **--'- -7**  **--'-**

**07 -'--**  **-- ---**  **---- --**  **-----------­** 

### Current throu gh end of2012 Second Reg. Sess.Erul of Document 20 13 Tl1\1mson Reuters . N\l claim t o urig.ina l U.S. Government \V<1rk s.



## ----· ·-·· . 15§ 68 -22 1-708. Notice of noncompliance, TN ST § 68-221-708 West's Tennessee Code Annotated . Title 68. Health, Safety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (Refs & Annos)

Part 7 · Tennessee Safe Drinking Water Act of 1983 (Refs & Annos) T. C. A.§ 68-221-708 § 68-221-708. Notice of noncompliance Effective: April19, 2012 Currentne.o;s (a) Whenever a public water system is not in compliance with the current primary drinking water regulations, the supplier shall inform the div i sion of such noncompliance as soon as practicable, but not later than twenty-four (24) hours after learning of the noncompliance. (b) The supplier shall also give such public**notificati~n** as may be prescribed by regulations. (c) Any public water system or waterworks system, as defined in this title, which determines to initiate or permanently cease fluoridation of its water supply, shall notify the department of environment and conservation and the department of health of its inten t ion thirty (30) days prior to any vote. The water system shall additionally give public notice to its customers in a general mailing at least thirty (30) days prior to the meeting a t which said vote shall take place. Credits 1983 Pub.Acts, c. 324, § 9; 2002 Pub.Acts, c. 602, § l, eff. Apri l 9, 2002; 201 I Pub.Acts, c. 237, § I, eff. May 23 , 2011; 2012 Pub.Acts, c . 777, § I, eff . April19, 2012. Formerly§ 68-13-708. T. C . A . § 68 - 221-708, TN ST § 68-22._1_-7_0_8 ____ _ Current through end of2012 Second Reg . Sess. End · t> 2 0 13 Th omso n**Rent~** I'$ . Nt ' dai m lo 1 > ri g i na l U.S . Gov ernmen t. W o r ks . of I )Ontmcnt · ' 16

### § 68-221-709. Repealed by 1998 Pub .Acts , c. 592, 

### § 6 , eft...., TN ST § 88-221-709



### West's Tennessee Code Annotated

Title 68. Health, Safety and Environmenta l Protection Environmenta l Protection Chapter 221. Water and Sewerage (Refs & An

### nos) Part 7 · Tennessee Safe Drinking Water Act of 1983 (Refs & An

### nos) T. C. A.§ 

### 88-22 1-709 § 

### 68
- 221
-709 . Repealed by 1998 Pub.Acts, c. 59 2, § 

### 6, eff. March 10, 1998
Curren tn ess



### T. C. A.§ 88-221
-709, TN ST 

### §

**.:... 8-**  **-=**

**22 =..:**  **_: -7~0.::_9** 

### ______ _ ____ _ _ Current through end of20 1 2 Second Reg . Sess .End o f Document **~** •2013 Thomson Reuters . No claimlCl origimti iJ. S. Gl)Vtnuncnt

**•rl.. ~.** § 68-221-710. Emergencies; plans and specifications, TN S T § 68 -22 1-710 ·-- ---- -- ----------------------------- West's Tennessee Code Annotate d Title 68. Health, Saf ety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (Refs & Annos)

Part 7. Tenn essee Safe Drinking Water A ct of 1983 (Refs & Annos) T. C. A.§ 68-221-710 § 68-221-710. E m ergencies; pl ans and specifications Curre n tness (a) The commissioner shall develop a plan for t h e provision of safe drinking water under emergency c i rcumstances . (b) When , in the judgment of the commissioner, emergency circumstances exist in t h e state with res pect to a need for safe drinking water, the commissione r may take suc h actions as the commissioner may deem necessary in order to provide such wate r where it otherwise would not be available. Cred i ts 1983 Pu b .Ac ts, c. 324, § 11 . Former l y§ 68-13-7 1 0. T . C. A . § 68-2? 1 -710 , TN ST § 68 - 221 - 7 1 0 Current through e nd of2012 Second Reg . Sess . f. nd ofDornmrut

· i ) '2 0 1 .3 T h om s o n R t· u t er s . No clai m 10 o rigin : il U . S . Go wm mL' n l Wor k s. ' 1 8§ 68-221-711. Prohibited activities, TN ST § 68-221-711



### West's Tennessee Code Annotated Title 68. 

### Health, Safety and Environmental Protection Environmental Protection Chapter 221. 

### Water and Sewerage (Refs & 

### Annos)

Part 7· Tennessee Safe Drinking Water Act of 1983 

### (Refs & 

### Annos) T. 

### C. A.§ 

### 68-221-711 § 

### 68-221-711 . 

### Prohibited activities
Currentness The following acts are prohibi ted: 

### (1) Failure by a supplier of water to comply with this part, any order issued hereunder, or the drinkin g water regulations; (2) Failure by a supplier of water to comply with the requirements of§§ 68-221-706 and 68-221-707 or the dissemination by such supplier of any false or misleading information with respect to remedial actions being undertaken to achieve compliance with the drinking water regulations; (3) Refusal by a supplier of water to allow an authorized representative of the department or any local health department to inspect any pub lic water system as provided for in 

### § 68-221-705; (4) The defiling by any person of any water supply of a public water system or the damaging of any pipe or other part of a public water system, unless due to an act ofGod; (5) The discharge by any person ofsewage or any ot her waste or contaminant at such proximity to th e intake, well or spring serving a public water system in such a manner or quantity that it will, or will lik ely, endanger the health or safety of customers ofthe system or cause damage to the system; (6) The installation, allowing the install ation, or maintenance of any cross connection, auxiliary intake, or bypass, unless the source and quality of water from the auxiliary supp ly, the method of connection, and the use and operation of such cross connection , auxiliary intake, or bypass has been approved by the department; (7) The return ofdrinking water to a public water distribution system after it has been used for cooling or any other purpose; (8) The heavy pumping or other heavy withdrawal ofwater from a public water system or its water supply source in a manner that would either interfere with existing customers' normal and reasonable needs or threaten existing customers' health and safety; and (9) The abandonment or other termination ofwater services 

### by a supplier of water, without providing at least sixty 

### (60) days' notice to all interested parties, including the department and all customers served by the public water system. ',".' ·-.1 ! .,,

**:· ~t**  

### 19§ 68-221-711. Prohib ited activ i ties , TN ST § 68 - 221-711 Credits 1983 Pub.Acts, c . 324, § 12; 2002 Pub.Acts, c. 602 , §§ 2, 3, eff. April9, 2002 . F ormerly § 68-13 - 711. T. C. A. § 68-2_21-7l.hits ST § 68-2? :.:.. 1- ...:.. 7 ..:..: 11 :._ __ _ CutTent through end of2012 Second Reg . Sess. t::nu ofDotumcrH -- ·· ----- - ----- ·**~)** 2 0 13 Tho ms on Reukrs . No dairn tl> orig.inal U.S . GMcrn r ucnt W or k s. 2 ( 'd§ 68-221-712. Complaints; correction orders , TN ST 

### § 68-221-712



### West's Tennessee Code Annotated

Title 68. 

### Health, Safety and Environmental Protect ion Environmental Protection

Chapter 221. 

### Water and Sewerage (Refs & 

### Annos) 

# ------

Part 7· Tennessee Safe Drinking Water Act of 1983 

### (Refs & 

### Annos) T. 

### C. A.§ 

### 68-221-712 § 

### 68-221-712. 

### Complaints; correction orders
C

urr

entness 

# ·-- - - - · -------

(a)(l) Whenever the commissioner has reason to believe that a violation of this pa1t or regulations pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be deli vered to the alleged violator or violators. (2) The complaint shall specify the provision or provisions ofthis part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a vio lation thereof, may order that corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators ofthe opportunity fo r a hearing before the board. (3) The order may be issued in conjunction with concurrent action against a violator under the Water Quality Control Act, pursuant to title 69, chapter 3, part I. (4) Any such order shall become final and not subject to review unless the person or persons named therein request by written petition a hearing before the board, no later than thirty (30) days after the date such order is delivered; provided, that the board may review s uch final order on the same grounds upon which a court ofthe state may review defaultjudgments. (b)(l) Whenever the commissioner finds that the public health, safety or welfare imperatively requires immediate action, the commiss ioner may, without prior notice, or without preceding the action with a hearing, issue an order requiring that such action be taken as the commissioner deems necessary under the circumstances. (2) A person to whom suc h an order is directed shall comply immediately pending the opp01tunity for a prompt hearing before the board. (c) Except as otherwise express ly provided, any notice, complaint, order or other instrument issued by or under authority of this part may be served on any person by the commissioner or any person designated by the commissioner, by certified mail, or in accordance with Tennessee statutes authorizing service ofprocess in civil actions.


### Credits 1983 Pub.Acts, c. 

### 324, 

### § 13.



## - 

# ------ ---·----- ·> ··
. I§ 68-22 1 -7 12. Complaints; correction orders, TN ST § 68-221-712 ·-- - ..**-- ------~-** **-- --** **--·** Fo rm erly § 68-13-712 . T. C. A. § 68-221-712, TN ST §**68 22** **__: -7** **...:. =-** **2** _____ ___ ·- ----- -- -- ------- Current through end of2012 Second Reg. Sess.Enu o f Document :(;' • · 20 1 3 Thomson Reu ters . N<l cl aim 1 0 o ri g in a l U.S. Government Work s . .**'I .~** **/~**

### § 68-221-713. Civil penalties or damages, TN ST § 68-221-713



### West's Tennessee Code Annotated Title 68. Health, Safety and Environmental Protection Environmental Protection

Chapter 221. Water and Sewerage (Refs & An

### nos) Part 7 · Tennessee Safe Drinking Water Act of 1983 (Refs & 

### Annos) T. C. A.§ 

### 68-221-713 § 

### 68-221-713. Civil penalties or damages Effective: August 5, 2011 Currentness
(a)( I) Any person who violates or fails to comply with any provision of this part, any order of the commissioner or the board issued pursuant to this part or any rule, regulation or standard adopted pursuant to this part is subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of vio lation. (2) Each day such violation continues constitutes a separate violation. (3) In addition , such person shall also be liable for any damages to the state resulting therefrom, without regard to whether any civil penalty is assessed. (b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages; (2)(A) Any person against whom an assessment has been issued may secure a review of such assessment by filin g 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. (B) Ifa petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, th e violator shall be deemed to have consented to the assessment and it shall become final; and (3)(A) Whenever any assessment has become final because ofa person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of suchjudgment.

(B) The court, in such proceedings, shall treat the failure to appeal such assessment as a confession ofjudgment in the 

### amount of

### the assessment. (c) The commissioner, through the attorney general and reporter, may initiate proceedinf,S for assessment in the chancery

·- 

# - -·--- 

## -·

**-~** -.--. 

# - - - .... - 

### - 

# _ _... 

# ·- -· 

## - - --.....

## · - -- 23§ 68-221-7 1 3. C i vil penalt i es or d amages, T N ST § 68-22 1 -713 ------------------------------- -------------- court of Davidson County or in the chancery court of the county in which all or part of the violat i ons occurred, in the name of

the dep art m ent. (d) I n assessing a civ i l p enal t y, the following fac t ors ma y be considered: (I) The harm done to the public health or the environment; (2) Wh et her th e civi l pena l ty imposed will be a substantial econom ic det e rr en t to the i ll ega l activity; (3) The economic benefit ga i ned by the vi ol ator;

( 4) The amount of e ffort put forth by the viola t o r t o remedy this vio l ation; (5) Any unu sua l or extraordinary enforcement costs incurred by the commissioner; and (6) The amoun t of p enalty set by the board for specific categories of v iol ations. (e) D amages to the state may include any reasonab l e e xpen ses incurred in investigating and e nf orcing violations of this part,

o r any othe r ac tu a l damages caused by the violation. (f)(!) Any p e r son violating, or failing, neglecting or refusing to comply with any of this part or rules or regulation s commits a Class C mi sdemea n o r. (2) Eac h day upon which such violation occurs constitu t es a separate offense. (g) Any person who w ill fu ll y and knowingly pollu t es o r t h r eatens to po ll ute a ny pub li c drinking water syste m in this sta t e or

w ill fully fails, neglect s or refuses to comp l y with any of this part commit s a Class E felo n y. (h) No warr an t , presentment or indictment arising under this part shall be i ssued excep t upon application by the board or the commissioner o r up on such a pplication authorized in writing by either of th ese . C r ed i ts 198 3 Pub.Acts, c. 324, § 14; 1989 Pub.Acts , c. 591 , . § 113; 1989 Pub. Acts, c. 591 , §§ I, 6. Formerly§ 68-13-713. T. C. A. § 68-221-713 , TN ST § 68-221-713 C urr e nt t hrou g h e nd of2012 Second Reg. Sess. E nd of Documrnt

· ·<'; ::!0 1 3 I h mnso n **~u s**  No c l ai m l<l o ri g inal U. S . **ov~rnm nl**  W,Jrk s . ___ _____ ,___ ____ ----

### § 68-221-713. Civil penalties or damages , TN ST § 68-221 -713 

# --------·-·--------------



# ---·· ----·------------ 25§ 68-221-714. Hearings; administrative law and procedure, TN ST § 68-221-714 West's Tennessee Code Annotated Title 68 . Health, Safety and Environmental Pr otection Environmental Protection Chapter 221. Water and Sewerage (Refs & An nos)

Part 7. Tennessee Safe Drinking Water Act of 1983 (Refs & Annos) T. C. A.§ 68-221-714 § 68-221-714. Hearing s; administrative law and procedure Currentness Any hearing or rehearing brought before the board or appeals from the board sha ll be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4 , chapter 5. Cred its 1983 Pub.Acts, c. 324, § 15.

For mer ly§ 68-13-714.

T. C. A.§ 68-221-714 , TN ST § 68-221 -714 Current through end of2012 Second Reg. Sess. Encl o f u o,·u mcnt

**~** .. 201 J Thomson Rcuk·r-; . NCI dairn lo original Ll.S . **GoH:Jnm~nl** \\'1 l rk s.

### § 68-221-715. Injunctions, TN ST 

### § 68-221-715



# -----------------------------
West's Tennessee Code Annotated Title 68. 

### Health, Safety and Environmental Protection Environmental Protection Chapter 221. 

### Water and Sewerage (Refs & 

### Annos) Part 7- Tennessee Safe Drinking Water Act of 1983 

### (Refs & 

### Annos) T. C. A.§ 

### 68-221-715 § 

### 68-221-715. 

### Injunctions
Currentness 

### (a) The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this pa1t, the rules and regulations ofthe board or orders ofthe commissioner. (b) In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
Credits 1983 Pub.Acts , c. 324, § 16. Formerly§ 68-13-715 .

**I.:._~JL..§_ 68-22**  **:**

### 7 15,

**TN§i -:.c:**  **'-' ,_**  **=-= -2**  **.;:... 1-**  **...:... 5**  

### __________ __ Current through end of2012 Second Reg. Sess . Enll of Document '')

**~0** 13

**Th< rrl**  **\' ll**  **R~ utcrs**  **.** No clai m 10 origi nal U. S. (i,w-:rnmt•nt Wnrk5.



# · ----·--------·------------------------- -------------- ·----§ 68 - 22 1-716. Nu i sance, TN S T § 68- 22 1 -716 West's Tennessee Code Annotated Title 68. Health, Safety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (R efs & Annas) Pa rt 7 · Tenness ee Safe Drinking Water Act of 1983 (Refs & Annos) T . C. A.§ 68-221-716

§ 68 -22 1-716 . N u isance Cur rentness A violation of this p a rt and the regulations of the board are declared to be public nuisances and may be abated by any means provided by law.

Credits 1983 Pub.Acts, c . 324, § 1 7 . Former l y§ 68-13-7 1 6. T. C . A.§ 68 - 221 - 7 1 6, TN S T § 68-221-716 Current through end of2012 Second Reg. Sess. Eu d of**l)or Uilll** **~llt** tJ 20 1 3 Thomson**Rcul<'r~ .**  No c. l a irn t ( J o ri g in a l LI . S. Government Wo r ks . t\r'l**.~L·**§ 68-221-717. Civil penalties or damages ; use, TN ST § 68-221-717 

# ·------------------------·-------------------
West's Tennessee Code Annotated

Title 68. Health, Safety and Environmental Protection Environmental Protection

Chapter 221. Water and Sewerage (Refs & 

### Annos) Part 7. Tennessee Safe Drinking Water Act of 1983 (Refs & 

### Annos) T. C. A.§ 

### 68-221-717 § 

### 68-221-717 . Civil penalties or damages ; use Currentness 

### (a) All civil penalties collected pursuant to this part shall be earmarked for t he use ofthe water quality control division in the discharge o f its duties. (b) Damages recovered from any person for violation of any provision of this part shall be earmarked for the divis ion, or, in the event that another state agency has primary respon sibi lity for the property for which the damages are recovered, such damages shall be earmarked for the use ofthat agency.


### Credits 1983 Pub.Acts, c . 324, 

### § 18. 

### Formerly § 68-13-717.


### T. C. A.§**§. ~::.221-717,** **~N STj_~-22~::.7** **.:..: :.:..** **7**

### ___ _ Current through end of20 12 Second Reg. Sess.f:nd 'V 20 13 Thomst ' ll Rt•ut cr

s . No cl<t im to o ri ginal U.S. (i,)vcrnmr nt W or

ks . of Document§ 68-221-718. Construction of law, TN ST § 68-221-718 West's Tennessee Code Annotated Title 68. Health, Safety and Environmental Protection Enviro nm ental Protection Chapter 221. Water and Sewerage (Refs & An nos)

Part 7· Tennessee Safe Drinking Water Act of 1983 (Refs & Annos) T. C. A.§ 68-221-718 § 68-221-718. C ons truction oflaw Currentness (a){l) The penalties, damages and injunctions provided for in this part are intended to provide additional and cumulative remedies to prevent, abate and control violations of this part. {2) Nothing herein contain ed sha ll be construed to abridge or a lter rights of action or remedies in equity or under common law, criminal or civi l , nor sha ll any provision of this part or any act done by virtue thereof, be construed as precluding the state or any municipality or person, as riparian owner or othe rwi se, in the exercise of their rights in equity or under the common law or statu t ory law to s uppre ss nuisances, or to protect drinking water. (b) This part shall be liberally construed for the accomplishment of its policy and purpose. (c) All grants of pow e r to the board or commissioner shall be liberally construed. (d) Any list in this part preceded by "include" or "including" sha ll not be construed as exhaustive or otherwise limiting unless spec ifically sta ted . (e)(!) All procedures in this chapter are intended to be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) If any provision of this part conflicts with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 , then the latte r sha ll govern. Credits 1983 Pub.Acts, c. 324, § 19. Fo r mer l y § 68- I 3-7 1 8. T. C. A.§ 68-221-718, TN ST § 68-221 -718§ 68-221-718. Construction of law, TN ST § 68-221-718



### .. -·· 

# ---· ----- Current through end of2012 Seco nd Reg. Sess. E: nd 

## or

**nocurn~nt** ' \;

**~0** I3 Thomson Rl'Utcrs. No claim I<) Miginal U.S. ( iuwrnnwn t Wmls.§ 68 -22 1-7 19. Ru l es and regulations, TN ST § 68-221-719 West's Tennessee Code Annotated Title 68. Health, Safety and Environmental Protection Environmental Protection Chapter 221. Water and Sewerage (Refs & An nos)

Part 7 · Tennessee Safe Drinking Water Act of 1983 (Refs & Annos) T. C. A.§ 68-221-719 § 68-221-719. Rules and regulations Currentness (a) The rules and regulations for public water systems previously promulgated under this chapter, pursuant to part I of this chapter, shall remain in effect as the rules and regulations under this part. (b) Any of the rules or regulations which may conflict with a statutory provision of this part are rendered void , but shall not affect the validity of the remaining rules and regulations. Credits 1983 Pub.Acts, c. 324, § 20 . Formerly § 68-13 - 719. -------- ··- ------ T . C . A. § 68-221-719, TN ST § 68-221-719 Cun ·e n t through end of2012 Second Reg. Sess. End

of Document**;(~** '20 1 3 Thom son Rt·u t crs . N t ) claim 1 0 ori gin al U.S. Gtm::rnmcn t Work s. 3 2§ 68-221 -720 . Lead, TN ST § 68-221-720


# ------------------------------------------------------------
West's Tennessee Code Annotated

Title 68. 

### Health, Safety and Environmental Protection Environmental Protection Chapter 221. 

### Water and Sewerage (Refs & 

### Annos) Pa1t 7· Tennessee Safe Drinking Water Act of 1983 

### (Refs & 

### Annos) 

### T. C. A.§ 68
- 221-720



### § 68-22 1 -720 . 

### Lead Effective: August 5, 2011 Currentness (a) All pipe, so lder or flux which is used in the installation or repair of any public water syst em shall be lead free; provided, that this shall not apply to lead joints necessary for the repair ofcast iron pipes. (b) All pipe, solder or flux which is used in the installation or repair of any plumbing, in a residential or nonresidential facility, which provides water for human consumption and is connected to a public water system shall be lead free. (c)(J) Each supplier shall identify and provide notice to all persons that may be affected by lead contamination of their drinking water where such contamin ation res ults from the following: (A) The lead content in th e construction materials ofthe public water distribution system; or (B) Corrosivity ofthe water supply suffic ient to cause leaching of lead. (2)(A) Thi s noti ce s hall be provided in such manner, form and frequency as may be reasonably required by the commissioner. (B) Notice under this subsection (c) shall be provided , notwithstanding the absence of a violat io n of any drinking water regulation ofthe state. (3) Notice under this sub section (c) shall provide a clear and readily understandable explanation ofthe following: (A) The potential sources of lead in the drinking water; (B) Potential adverse health effects; (C) Reasonably availab le methods of mitigating known or potenti al lead content in drinking water;



## ···-· ---·--- 33§ 68 - 2 21 - 720. Lead, TN ST § 68-221-720 (D) A n y s t eps the s uppli e r i s taking to mitigate lead conten t in drinking water ; and ( E ) The necessity for seeking alt e rnativ e wa t er supp l ies, if any . (d)(l) Any area where a l o ca l gov e rnmenta l un i t has enacted o r w i ll enact ordinances, codes , regulations or governing policies not less stringent than subsect i on (b) is exemp t from subsection (b) . (2) Th e r e is r ese r ved t o the state th e righ t to administe r o r enfo r ce a n y app l icable o r dinance s , codes, regulations or governing policies of t he l ocal gov e rnm e ntal unit, shou l d i t fail to properly a d minister or e nfo r ce such o r dinances, codes , regulations or govern in g po l icies . ( e ) Nothing h e r ein shall be con s tru e d to requi r e any pu b lic water sys t em or any residential or nonre s i d e ntial facility to r emove or rep l ace an y p i ping or plumbing, insta ll ed prio r to March 18 , 1988 , except as may b e nec e ssary in making a r epair . C redits 1 988 Pu b .Acts, c. 58 3 , § 1 . F o rmerly § 68-13-720. T. C . A . § 68-221 - 720, TN ST § 68-221-720 Current th r ough e n d of2012 Second Reg. Sess.E n tl of' Doc um c n l**{~** 2 01 3 Thomson R euters. No cla i m i o o r igina l U . S . Gtwemmcn t WN k s.

' /";', ., . · ,ti. ; ·:, N e:i.t @ 2 0 · ,:5 T hc 1 nson**F~r:u ter** **s.** N o c l a im to origi n al U . S . Government W orks . J4