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

-·-------·--··--·---

West's Tennessee Code Annotated 

Title 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-:uter~ . No claim w original U.S. Government w,wks. 

--···--··-- ··--·- --·---···---------- - ·-----------
§ 68-221-701. Short title, TN ST § 68-221-701 

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. § 68-221-701 

§ 68-221-701. Short title 

Currentness 

This part shall be known and may be cited as the "Tennessee Safe Drinking Water Act of 1983." 

Credits 

1983 Pub.Acts, c. 324, § 2. 

Formerly § 68-13-70 I. 

Notes of Decisions ( I) 

T. C. A. § 68-221-70 1, TN ST § 68-221-70 1 

Current through end of20 12 Second Reg. Sess.Enll nfDOCIIIfll'llt 
§ 68-221-702. Legislative declaration, TN ST § 68-221-702 

West's Tennessee Code Annotated 

Title 68. Health, 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 of the state are the property of the state and are held in public trust for the benefit of its citizens, 

it is declared that the people of the state are beneficiaries of this trust and have a right to both an adequate quantity and 

quality of drinking water. 

Credits 

1983 Pub.Acts, c. 324, § 3. 

Formerly § 68-13-702. 

T. C. A.§ 68-221-702, TN ST § 68-221-702 

Current through end of2012 Second Reg. Sess.End Of I>Ol"UIIIl' ll l 

i'J 20 13 Thomson 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, 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.§ 68-221-703 

§ 68-221-703. Definitions 

Effective: July 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 Tennessee 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. Definitions, TN ST § 68-221-703 

---·----·------------- ·---------------

(10) "Division" means the division of water supply of the department; 

(II) "Drinking water regulations" 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 of a public water system; 

( 16) "National primary drinking water regulations" means primary drinking water regulations, as amended, promulgated 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, organized 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 individuals daily at least sixty (60) days out of the year. A public water system includes: 

(i) Any collection, 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 subdivision (A), a connection to a system that delivers water by a conveyance other 

than a pipe shall 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 detennines that alternative water to achieve the equivalent level of public health protection 

provided by the applicable national primary drinking water regulation is provided for residential or similar uses for 

drinking and cooking; or 

(c) The commissioner determines that the water provided for residential or similar uses for drinking, cooking and 

bathing is centrally treated or treated at the point of entry by the provider, a pass through entity, or the user to achieve 

the equivalent level of protection provided by the applicable national primary drinking water regulations. 

(ii) IRRIGATION DISTRICTS. An irrigation district in existence prior to May 18, 1994, that provides primarily 

agricultural service through a piped water system with only incidental residential or similar use shall not be considered 

to be a public water system if the system or the residential or similar users of the system comply with subdivision 

(19)(B)(i)(b) or (c). 

(20) "Secondary drinking water regulations" means regulations which apply to public water systems and which specify the 

maximum contaminant levels which, in the judgment of 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 substantial number of persons 

served by the public water system providing such water to discontinue its use; or 

(B) Otherwise adversely affect the public welfare; 

(21) "Streams" includes any river, creek, slough 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 parts 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 person who owns, operates or controls a public water system; 

(23) "Surface water" includes waters upon the surface of the earth in bounds created naturally or artificially including, but not 

limited to, streams, other water courses, lakes and reservoirs; and 

(24) "Waters" means any and all water, public or private, on or beneath the surface of the ground, which are contained 

------·--· ·~----·
§ 68-221-703. Definitions, TN ST § 68-221-703 

within, flow through, or border upon Tennessee, or any portion thereof, except those bodies of water confined to and retained 

within the limits of private property in single 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 I 0, 1998. 

Formerly § 68- I 3-703. 

Notes of Decisions (I) 

T. C. A. § 68-221-703, TN ST § 68-221-703 

Current through end of20 12 Second Reg. Sess.End 

uf Oot•unu•nt 

rt) 2013 Thomson R.:urcrs. No ~.: irn hl original U.S. Govctnnl\'tH \\'\lrks. 

7 
§ 68-221-704. Powers and duties of board, TN ST § 68-221-704 

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 1983 (Refs & Annos) 

T. C. A. § 68-221-704 

§ 68-221-704. Powers and duties ofboard 

Effective: August 5, 2011 

Currentness 

In the performance 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, treatment 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 include a schedule of fees for reviewing 

plans, making inspections, and performing tests and analyses of water samples as permitted by this part; 

(2) Adopt, modify, 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 administration of this pmt. Such rules and 

regulations 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) Public 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 

',':-:-; tt.:,.:. Ne:d © 20 ·13 T i1CHTtSOI1 Heut(Hs. No claim to or!gir:ai U.S. Co vern. nsnl \Nc•t k>. 8 
§ 68-221-704. Powers and duties of board, TN ST § 68-221-704 

samples; 

(vii) Procedures for design and construction review and approval of new or modified public water systems; 

(viii) Siting of new public water system facilities as regards public health; 

(ix) Elimination of cross-connections in distribution systems; 

(x) A schedule of the amount of civil penalty which can be assessed by the commissioner for certain specific violations 

or categories of violations; and 

(xi) Such additional criteria and procedures as may be required to carry out the purposes of this part; 

(C) Establish criteria and procedures for setting performance bonds for water systems; 

(D) Establish standards and procedures for granting variances or exemptions from certain provisions of these rules and 

regulations; provided, that the standards 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) Establish 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 primary drinking water regulations and this part and 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; issue subpoenas requiring attendance of 

witnesses and production of evidence; administer oaths; and take such testimony as the board deems necessary. Any of these 

powers may be exercised on behalf of the board by any member or members thereof appointed by the chair, or by a hearing 

officer designated by the cha 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 edits 

1983 Pub. Acts, c. 324, § 5; 1988 Pub.Acts, c. 583, §§ 3, 4; 1998 Pub.Acts, c. 592, § 4, eff. March I 0, 1998. 

Formerly § 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) 2013 l"lwnlSMl Rclll.:rs. :-J<, daimw Niginal l i.S. Govcmrncn1 Works. 

of l)o\,Uill(!ll I 

-"--------- -·---·--------------9 
§ 68-221-704. Powers and duties of board, TN ST § 68-221-704 
§ 68-221-705. Powers and duties of commissioner, 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 & An nos) 

T. C. A.§ 68-221-705 

§ 68-221-705. Powers and duties of commissioner 

Effective: August 5, 2011 

Currentness 

In addition to any power, duty or responsibility given to the commissioner by other sections of the code, the commissioner 

has the following powers, duties and responsibilities to: 

(I) Exercise general supervisiOn over the administration and enforcement of this part and all rules and regulations 

promulgated thereunder; 

(2) Make inspections and investigations, collect samples, carry on research, or take such other action as may be necessary to 

cany out this part, rules and regulations issued pursuant thereto, and any orders which the commissioner may issue; 

(3) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling 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 ition, the depattment has the authority, 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 interstate water. This authority shall not be 

deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise 

expressly 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 of the state; 

(7) Administer oaths, issue s ubpoenas and compel attendance of witnesses and production of data for all purposes of this part; 

(8) Bring suit in the name of the depa1tment for any violation of this part, rules and regulations of the board, and orders of the 

board or commissioner seeking any remedy therein provided, and any other statutory or common Jaw remedy therein 

provided; 

·-----------·---- ----- 11 
§ 68-221-705. Powers and duties of commissioner, TN ST § 68-221-705 

--------------------------------------------

(9) Assess civil penalties 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 necessary 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. · 

Cr edits 

1983 Pub.Acts, c. 324, § 6; 1988 Pub.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 Works. 

'12 
§ 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 

Currentness 

(a)(l) The department shall exercise general supervision over the construction of public 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 sanitary quality or the quantity of the 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 specify such modification, conditions and regulations as may be 

required for the protection of the public health and welfare. 

(5) The source of raw water and the quantity of raw 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 of the public water supply shall promptly comply with such 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. 

'13 
§ 68-221-706. Supervision over construction, TN ST § 68-221-706 

Credits 

1983 Pub.Acts, c. 324, § 7. 

Formerly § 68-13-706. 

l- C. A:_§ 68-22 1-706, TN ST § 68-221-706 

Current through end of 2012 Second Reg. Sess. End 

of I)IH:UiliCII( 

·----·---

~ 20 13 Thomson Reuter~. No daimto orig.irml U.S. ( i1 •vmuncnt Wvrl..s. 

"14 
§ 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 

Currentness 

(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 of the 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 through end of2012 Second Reg. Sess.Erul 

of Document 

20 13 Tl1\1mson Reuters. N\l claim to urig.inal U.S. Government \V<1rks. 

----· ·-·· . 15 
§ 68-221-708. 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 division 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 intention 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 at which said vote shall take place. 

Credits 

1983 Pub.Acts, c. 324, § 9; 2002 Pub.Acts, c. 602, § l, eff. April 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> 2013 Thomson Rent~ I'$ . Nt' daim lo 1>riginal U.S. Government. Works. 

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 Environmental Protection 

Environmental Protection 

Chapter 221. Water and Sewerage (Refs & An nos) 

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

T. C. A.§ 88-221-709 

§ 68-221-709. Repealed by 1998 Pub.Acts, c. 592, § 6, eff. March 10, 1998 

Currentness 

T. C. A.§ 88-221 -709, TN ST § .:... 8--=22=..:_:-7~0.::_9 ______ _ ____ _ _ 

Current through end of20 12 Second Reg. Sess. End 

of Document 

~ • 2013 Thomson Reuters. No claimlCl origimti iJ.S. Gl)Vtnuncnt •rl.. ~. 
§ 68-221-710. Emergencies; plans and specifications, TN ST § 68-221-710 

·-------------------------------------

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.§ 68-221-710 

§ 68-221-710. Emergencies; plans and specifications 

Currentness 

(a) The commissioner shall develop a plan for the provision of safe drinking water under emergency circumstances. 

(b) When, in the judgment of the commissioner, emergency circumstances exist in the state with respect to a need for safe 

drinking water, the commissioner may take such actions as the commissioner may deem necessary in order to provide such 

water where it otherwise would not be available. 

Credits 

1983 Pub.Acts, c. 324, § 11. 

Formerly§ 68-13-7 10. 

T. C. A. § 68-2?1-710, TN ST § 68-221-710 

Current through end of2012 Second Reg. Sess.f. nd 

ofDornmrut 

·i) '20 1.3 Thomson Rt·uters. No claim 10 origin:il U.S. GowmmL'nl Works. 

'18 
§ 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 & An nos) 

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 prohibited: 

(1) Failure by a supplier of water to comply with this part, any order issued hereunder, or the drinking 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 public 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 of God; 

(5) The discharge by any person of sewage or any other waste or contaminant at such proximity to the intake, well or spring 

serving a public water system in such a manner or quantity that it will, or will likely, endanger the health or safety of 

customers of the system or cause damage to the system; 

(6) The installation, allowing the installation, or maintenance of any cross connection, auxiliary intake, or bypass, unless the 

source and quality of water from the auxiliary supply, 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 of drinking 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 of water 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 of water 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. Prohibited activities, TN ST § 68-221-711 

Credits 

1983 Pub.Acts, c. 324, § 12; 2002 Pub.Acts, c. 602, §§ 2, 3, eff. April9, 2002. 

Formerly § 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 

--··-----------· 

~) 2013 Thomson Reukrs. No dairn tl> orig.inal U.S. GMcrnrucnt Works. 

2(' 

d 
§ 68-221-712. Complaints; correction orders, TN ST § 68-221-712 

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.§ 68-221-712 

§ 68-221-712. Complaints; correction orders 

Currentness 

·--- - -·-------

(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 of this part or regulation or order alleged to be violated or about to 

be violated, the facts alleged to constitute a violation thereof, may order that corrective action be taken within a reasonable 

time to be prescribed in such order, and shall inform the violators of the 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 such final order on the same grounds upon which a court of the state may review default judgments. 

(b)(l) Whenever the commissioner finds that the public health, safety or welfare imperatively requires immediate action, the 

commissioner 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 such an order is directed shall comply immediately pending the opp01tunity for a prompt hearing 

before the board. 

(c) Except as otherwise expressly 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 of process in civil actions. 

Credits 

1983 Pub.Acts, c. 324, § 13. 

- ------ ---·----- ·> ·· . I 
§ 68-221-712. Complaints; correction orders, TN ST § 68-221-712 ·--- .. --------~- ------· 

Formerly § 68-13-712. 

T. C. A. § 68-221-712, TN ST § 68 22 __: -7...:.=-2 ________ ·-----------------

Current through end of2012 Second Reg. Sess.Enu 

of Document 

:(;'• ·20 13 Thomson Reuters. N<l claim 10 original U.S. Government Works. 

. '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 violation. 

(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 filing with the 

commissioner a written petition setting forth the grounds and reasons for such person's objections and asking for a hearing in 

the matter involved before the board. 

(B) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the 

violator shall be deemed to have consented to the assessment and it shall become final; and 

(3)(A) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the 

commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. 

(B) The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment 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 
§ 68-221-713. Civil penalties or damages, TN ST § 68-221-713 

---------------------------------------------

court of Davidson County or in the chancery court of the county in which all or part of the violations occurred, in the name of 

the department. 

(d) In assessing a civil penalty, the following factors may be considered: 

(I) The harm done to the public health or the environment; 

(2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; 

(3) The economic benefit gained by the violator; 

( 4) The amount of effort put forth by the violator to remedy this violation; 

(5) Any unusual or extraordinary enforcement costs incurred by the commissioner; and 

(6) The amount of penalty set by the board for specific categories of violations. 

(e) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, 

or any other actual damages caused by the violation. 

(f)(!) Any person violating, or failing, neglecting or refusing to comply with any of this part or rules or regulations commits a 

Class C misdemeanor. 

(2) Each day upon which such violation occurs constitutes a separate offense. 

(g) Any person who willfu lly and knowingly pollutes or threatens to pollute any public drinking water system in this state or 

willfully fails, neglects or refuses to comply with any of this part commits a Class E felony. 

(h) No warrant, presentment or indictment arising under this part shall be issued except upon application by the board or the 

commissioner or upon such application authorized in writing by either of these. 

Cr edits 

1983 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 

Current through end of2012 Second Reg. Sess.End 

of Documrnt 

··<'; ::!0 13 I hmnson ~u s No claim l<l original U.S. ov~rnm nl W,Jrks. 

________ ,_______ ----
§ 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 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.§ 68-221-714 

§ 68-221-714. Hearings; administrative law and procedure 

Currentness 

Any hearing or rehearing brought before the board or appeals from the board shall be conducted in accordance with the 

Uniform Administrative Procedures Act, compiled in title 4, chapter 5. 

Credits 

1983 Pub.Acts, c. 324, § 15. 

Formerly§ 68-13-714. 

T. C. A.§ 68-221-714, TN ST § 68-221 -714 

Current through end of2012 Second Reg. Sess.Encl of u o,·u mcnt 

~ .. 201 J Thomson Rcuk·r-;. NCI dairn lo original Ll.S. GoH:Jnm~nl \\'1lrks. 
§ 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 

of the board or orders of the 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 claim 10 original U.S. (i,w-:rnmt•nt Wnrk5. 

·----·--------·------------------------- --------------·----
§ 68-221-716. Nuisance, TN ST § 68-221-716 

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 1983 (Refs & Annos) 

T. C. A.§ 68-221-716 

§ 68-221-716. Nuisance 

Currentness 

A violation of this part 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, § 17. 

Formerly§ 68-13-716. 

T. C. A.§ 68-221-716, TN ST § 68-221-716 

Current through end of2012 Second Reg. Sess.Eud 

of l)or Uilll~llt 

tJ 20 13 Thomson Rcul<'r~. No c.lairn t( J original LI.S. Government Works. 

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 & An nos) 

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 the use of the water quality control division in the 

discharge of its duties. 

(b) Damages recovered from any person for violation of any provision of this part shall be earmarked for the division, or, in 

the event that another state agency has primary responsibility for the property for which the damages are recovered, such 

damages shall be earmarked for the use of that 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•utcrs. No cl<timto original U.S. (i,)vcrnmr nt Works. 

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 

Environmental Protection 

Chapter 221. Water and Sewerage (Refs & An nos) 

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

T. C. A.§ 68-221-718 

§ 68-221-718. Construction 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 contained shall be construed to abridge or alter rights of action or remedies in equity or under common 

law, criminal or civil, nor shall 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 otherwise, in the exercise of their rights in equity or under the 

common law or statutory law to suppress 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 power to the board or commissioner shall be liberally construed. 

(d) Any list in this part preceded by "include" or "including" shall not be construed as exhaustive or otherwise limiting unless 

specifically stated. 

(e)(!) All procedures in this 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 latter shall govern. 

Credits 

1983 Pub.Acts, c. 324, § 19. 

Formerly § 68-I 3-718. 

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 Second Reg. Sess.E:nd 

or nocurn~nt 

'\; ~0 I 3 Thomson Rl'Utcrs. No claim I<) Miginal U.S. (iuwrnnwnt Wmls. 
§ 68-221-719. Rules 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·ent through end of2012 Second Reg. Sess.End 

of Document 

;(~ '20 13 Thomson Rt·utcrs. Nt) claim 10 original U.S. Gtm::rnmcnt Works. 

32 
§ 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 

§ 68-221-720. Lead 

Effective: August 5, 2011 

Currentness 

(a) All pipe, solder or flux which is used in the installation or repair of any public water system shall be lead free; provided, 

that this shall not apply to lead joints necessary for the repair of cast 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 contamination results from the following: 

(A) The lead content in th e construction materials of the public water distribution system; or 

(B) Corrosivity of the water supply sufficient to cause leaching of lead. 

(2)(A) This notice shall 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 violation of any drinking water 

regulation of the state. 

(3) Notice under this subsection (c) shall provide a clear and readily understandable explanation of the following: 

(A) The potential sources of lead in the drinking water; 

(B) Potential adverse health effects; 

(C) Reasonably available methods of mitigating known or potential lead content in drinking water; 

···-·---·--- 33 
§ 68-221 -720. Lead, TN ST § 68-221-720 

(D) Any steps the supplier is taking to mitigate lead content in drinking water; and 

(E) The necessity for seeking alternative water supplies, if any. 

(d)(l) Any area where a local governmental unit has enacted or will enact ordinances, codes, regulations or governing 

policies not less stringent than subsection (b) is exempt from subsection (b). 

(2) There is reserved to the state the right to administer or enforce any applicable ordinances, codes, regulations or governing 

policies of the local governmental unit, should it fail to properly administer or enforce such ordinances, codes, regulations or 

governing policies. 

(e) Nothing herein shall be construed to require any public water system or any residential or nonresidential facility to 

remove or replace any piping or plumbing, installed prior to March 18, 1988, except as may be necessary in making a repair. 

Credits 

1988 Pub.Acts, c. 583, § 1. 

Formerly § 68-13-720. 

T. C. A. § 68-221-720, TN ST § 68-221-720 

Current through end of2012 Second Reg. Sess.Entl 

of' Documcnl 

{~ 201 3 Thomson Reuters. No claim io original U.S. Gtwemmcnt WNks. 

'/";',.,.·,ti.; ·:,Ne:i.t @ 20·,:5 Thc1 nson F~r:u ters. No claim to original U.S. Government Works. J4