reglab/housing_qa huggingface dataset:
TN Code § 68-221-1009 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 10 - Wastewater Facilities|§ 68-221-1009. Wastewater Financing Board — Powers and Duties

  Duties and authority of the board include, to:  Adopt, modify, repeal, and promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and, after due notice, to enforce rules and regulations which the board deems necessary for proper administration of §§ 68-221-1007 — 68-221-1012;   Investigate and determine the financial condition of water systems and wastewater facilities under its jurisdiction;   Effect the adoption of user rates necessary for the self-sufficient operation of certain water systems and wastewater facilities and to negotiate the consolidation of certain water systems and wastewater facilities pursuant to §§ 68-221-1007 — 68-221-1012;   Ameliorate the burden of rate increases effected under this part borne by low-income customers of water systems and wastewater facilities through the establishment and administration of a rate subsidy program to the extent state appropriations are available;   Issue subpoenas requiring attendance of witnesses and production of such evidence as requested; administer oaths; and take such testimony as the board deems necessary in fulfilling its purpose. In case of the refusal of any person or entity to obey a notice of hearing or subpoena issued by the board under this part, the chancery court of Davidson County shall have jurisdiction upon application of the board to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt;   Investigate systems under its jurisdiction pursuant to § 68-221-1008(j), and may include the assistance of the department of environment and conservation and the comptroller of the treasury; determine the financial, technical, and managerial capacity of the systems to comply with the requirements of any applicable federal and state acts; and require systems to take appropriate action to correct any deficiencies in such areas, including, but not limited to, changes in ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures;   Establish, adopt and promulgate, in accordance with the Uniform Administrative Procedures Act, rules to define excessive water losses for public water systems; and   In the case of public water systems, to investigate public water systems whose water loss as reported in the public water system's audit is excessive as established by rules promulgated by the board and to require those public water systems to take appropriate actions to reduce water loss to an acceptable level as determined by the board.     The board shall be authorized to act only as to those water systems and wastewater facilities brought before it upon recommendation of the comptroller of the treasury.
TN Code § 68-221-1011 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 10 - Wastewater Facilities|§ 68-221-1011. Consolidation of Facilities

  As a means to restore the financial stability of a water system or wastewater facility under its jurisdiction, and to ensure the continued operations of water system or wastewater facilities for the benefit of the public being served by such water system or wastewater facility, the board may facilitate, assign a mediator, or otherwise participate in negotiations for the consolidation of a water system or wastewater facility under the board's jurisdiction with another water system or wastewater facility or other public utility which, in the determination of the board, is best suited to operate a deficit water system or wastewater facility. Such consolidation shall be upon those terms as agreed upon by all of the affected parties. Such agreement shall provide that the ultimate owner or operator of the facility will assume the operation of the facility in such territory and account for the revenues therefrom in such manner as not to impair the obligations of contract with reference to outstanding bond issues or other legal obligations of the consolidating water systems and wastewater facilities, and shall fully preserve and protect the contract rights vested in the owners of such outstanding bonds, obligations or contractual interests.   The board is authorized to subsidize, from appropriations made to it, the repair or improvement of the deficit water system or wastewater facility as an incentive for consolidation in negotiating any consolidation under this part. In addition, the board may contract for the services of a professional mediator if in its opinion such mediator is needed to effect any consolidation under §§ 68-221-1007 — 68-221-1013.   Prior to consolidation of any water system or wastewater facility pursuant to §§ 68-221-1007 — 68-221-1013, the board shall hold a public hearing of all interested parties to such consolidation at a place convenient to such parties at least sixty (60) days prior to the effective date of such consolidation. Notice of such public hearing shall be published in a newspaper of general circulation in the affected area not later than ten (10) days prior to the meeting.   If the parties to consolidation fail to reach an agreement within two hundred seventy (270) days from the commencement of negotiations, or such consolidation proceedings are otherwise terminated, the board is authorized to take appropriate action provided by §§ 68-221-1007 — 68-221-1013 to effect the legislative intent of financially self-sufficient water systems and wastewater facilities.
TN Code § 68-221-1012 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 10 - Wastewater Facilities|§ 68-221-1012. Audited Annual Financial Reports Provided

  The comptroller of the treasury shall provide the board on an annual basis all audited annual financial reports of those water systems and wastewater facilities within the board's jurisdiction.   Public water systems shall include in their audited annual financial report the public water system's annual water loss in the manner prescribed by the water and wastewater financing board.
TN Code § 68-221-1013 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 10 - Wastewater Facilities|§ 68-221-1013. Appeals

 Any person or entity having a hearing before the board may appeal the board's order or ruling pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 68-221-1014 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 10 - Wastewater Facilities|§ 68-221-1014. Authority of Local Governments to Enter Into Loan Agreements

 Local governments may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.
TN Code § 68-221-1015 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 10 - Wastewater Facilities|§ 68-221-1015. Part Supplemental — Loan Agreements Governed by This Part

  This part is in addition and supplemental to any other law providing for the financing of water systems and wastewater facilities of local governments, and shall not be deemed to amend or repeal any other law.   No proceedings by a local government shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any law to the contrary.   No requirements or restraints applicable to borrowing by local governments contained in any other law shall be applicable to loans under this part.   The board may defer to the utility management review board created by § 7-82-701 in regard to matters concerning utility districts.
TN Code § 68-221-1016 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 10 - Wastewater Facilities|§ 68-221-1016. Annual Report

 Each water system and wastewater facility as defined in § 68-221-1008(i) shall submit to the water and wastewater financing board by the first day of the system or facility's fiscal year an annual report on a form approved by the board. If a system or facility fails to submit the annual report in accordance with this section, then the water and wastewater financing board may order reasonable sanctions against the system or facility.
TN Code § 68-221-1101 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1101. Legislative Purpose

 The purpose of this part is to facilitate compliance with the Water Quality Act of 1977, by municipalities which are affected by environmental protection agency (EPA) storm water regulations, particularly those arising from § 405 of the Water Quality Act of 1987, and § 402(p) of the Clean Water Act of 1977, regulating storm water discharges to protect water quality. This part shall enable municipalities to regulate such discharges, to establish a system of drainage facilities, and to fix and require payment of fees for the privilege of discharging storm water. This part shall also enable municipalities to construct and operate a system of drainage facilities for storm water management and flood control.
TN Code § 68-221-1102 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1102. Part Definitions

 As used in this part, unless the context otherwise requires:   “Agricultural land” means land used for agriculture, as defined in § 1-3-105;   “Construction” means the erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facilities; preliminary planning to determine the economic and engineering feasibility of storm water facilities; the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of storm water facilities; and the inspection and supervision of the construction of storm water facilities;   “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water;   “Municipality” means any incorporated city or town, county, metropolitan or consolidated government, or special district of this state empowered to provide storm water facilities;   “Person” means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country;   “Qualified farmer or nurseryman” has the meaning as defined in § 67-6-207(e);   “Storm water” means storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration (other than infiltration contaminated by seepage from sanitary sewers or by other discharges) and drainage;   “Storm water facilities” means the drainage structures, conduits, combined sewers, sewers, and all device appurtenances by means of which storm water is collected, transported, pumped, treated or disposed of; and   “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.
TN Code § 68-221-1103 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1103. Authorization of Storm Water Facilities or Flood Control Improvements by Municipality

 The governing body of any municipality may authorize the construction, extension, enlargement, or acquisition of necessary storm water facilities or flood control improvements within its corporate boundaries. The improvements may include, but are not limited to, the extension, enlargement, construction, or acquisition of storm water facilities or flood control improvements; the widening, straightening, or relocating of streams, surface waters, or water courses; and the acquisition, extension, enlargement, or construction of any works necessary to regulate the quantity or quality of water for the protection of streams, water courses, surface waters, life, and property; provided, that the municipality obtains all applicable permits and complies with all applicable state and federal laws.
TN Code § 68-221-1104 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1104. Condemnation of Property

 A municipality may condemn either the fee or such right, title, interest, or easement in property within its corporate boundaries for any of the purposes mentioned in this part, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by this use. Such power of condemnation may be exercised in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
TN Code § 68-221-1105 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1105. Municipal Authority

  In order to protect the public health, municipalities authorized to provide storm water and flood control facilities by this part are authorized by appropriate ordinance or resolution to:  Exercise general regulation over the planning, location, construction, and operation and maintenance over storm water facilities in the municipality, whether owned and operated by the municipality or not;   Adopt any rules and regulations deemed necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits;   Establish standards to regulate the quantity of storm water discharged and to regulate storm water contaminants as may be necessary to protect water quality;   Review and approve plans and plats for storm water management in proposed subdivisions or commercial developments;   Issue permits for storm water discharges, or for the construction, alteration, extension, or repair of storm water facilities;   Suspend or revoke permits when it is determined that the person has violated any applicable ordinance, resolution, or condition of the permit;   Regulate and prohibit discharges into storm water facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and   Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of storm water contamination, whether public or private.     Municipalities may only exercise the authority granted by subsection (a) in a manner consistent with all requirements of state and federal law that apply to such activities.   In counties with a metropolitan form of government, the legislative body may, by ordinance, assign responsibility for the planning, location, construction, and operation and maintenance over storm water facilities in the metropolitan county to any department, board or commission.   In counties having governments other than metropolitan or consolidated governments, the county shall only be empowered to exercise the authority granted by this part outside the jurisdiction of an incorporated city or town.
TN Code § 68-221-1106 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1106. Civil Penalty for Violation of Ordinance

  A municipality may establish by ordinance or resolution that any person who violates any ordinance or resolution regulating storm water discharges or facilities shall be subject to a civil penalty of not less than fifty dollars ($50.00) or more than five thousand dollars ($5,000) per day for each day of violations. Each day of violation may constitute a separate violation. A municipality shall give the violator reasonable notice of the assessment of any penalty. A municipality may also recover all damages proximately caused to the municipality by such violations.   In assessing a civil penalty, the following factors may be considered:  The harm done to the public health or the environment;   Whether the civil penalty imposed will be substantial economic deterrent to the illegal activity;   The economic benefit gained by the violator;   The amount of effort put forth by the violator to remedy this violation;   Any unusual or extraordinary enforcement costs incurred by the municipality;   The amount of penalty established by ordinance or resolution for specific categories of violations; and   Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.     The municipality may also assess damages proximately caused by the violator to the municipality which may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation.   The municipality shall establish a procedure for a review of the civil penalty or damage assessment by either the governing body of the municipality or by a board established to hear appeals by any person incurring a damage assessment or a civil penalty. If a petition for review of such damage assessment or civil penalty is not filed within thirty (30) days after the damage assessment or civil penalty is served in any manner authorized by law, the violator shall be deemed to have consented to the damage assessment or civil penalty and it shall become final. The alleged violator may appeal a decision of the governing body or board pursuant to title 27, chapter 8.   Whenever any damage assessment or civil penalty has become final because of a person's failure to appeal the municipality's damage assessment or civil penalty, the municipality may apply to the appropriate chancery court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such damage assessment or civil penalty as a confession of judgment.
TN Code § 68-221-1108 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1108. Financing of Facilities

 A municipal legislative body may finance storm water facilities under the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21. To protect the public health and to assure payment of bonds issued for storm water facilities, the municipality may by appropriate ordinance or resolution use the procedures set forth in §§ 68-221-208 and 68-221-209, for payment and collection of charges.
TN Code § 68-221-1109 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1109. Powers in Addition to Other Municipal Powers

 The powers conferred by this part are in addition and supplemental to the powers conferred by any other law, charter, or home rule provision.
TN Code § 68-221-1110 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1110. Permit Conditions for Discharges

 To the extent practicable, municipalities shall provide permit conditions for storm water discharges associated with industrial activities that are consistent with any permits issued pursuant to the National Pollution Discharge Elimination System (NPDES), unless the discharge contains hazardous substances in excess of reporting quantities, or the facility and the municipality are not in compliance with applicable provisions of the NPDES permits issued to them for storm water, or the discharge materially affects the municipal storm water facilities through either the quantity of wastewater or its contamination.
TN Code § 68-221-1111 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1111. Water Quality Regulation Authority Not Limited by This Part. [Contingent Amendment. See Second Version of Section and the Compiler's notes.]

 Nothing herein shall be construed to limit the power or authority of the department of environment and conservation or of the Tennessee board of water quality, oil and gas with respect to regulation of the waters of the state. Any ordinances or regulations adopted or imposed by municipalities shall be subject to regulation and oversight by the department of environment and conservation or the Tennessee board of water quality, oil and gas.
TN Code § 68-221-1111 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1111. Water Quality Regulation Authority Not Limited by This Part. [Contingent Amendment. See First Version of Section and the Compiler's notes.]

 Nothing herein shall be construed to limit the power or authority of the department of environment and conservation or of the Tennessee board of energy and natural resources with respect to regulation of the waters of the state. Any ordinances or regulations adopted or imposed by municipalities shall be subject to regulation and oversight by the department of environment and conservation or the Tennessee board of energy and natural resources.
TN Code § 68-221-1112 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 221 - Water and Sewerage|Part 11 - Storm Water Management|§ 68-221-1112. Notice of Federally Mandated Charges

 Any bill rendered as a result of this part shall contain the following statement with respect to the charges assessed under this part, which statement shall be printed in bold-faced type:   “THIS FEE HAS BEEN MANDATED BY CONGRESS.”