reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-601 - Short title

This part shall be known and may be cited as the "Water and Wastewater Treatment Authority Act."
Acts 1974, ch. 605, § 1; T.C.A., §§ 53-6001, 68-13-601.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-602 - Authorities created as public and governmental bodies - Property and revenue exempt from taxes

(a)
It is declared that water and wastewater treatment authorities created pursuant to this part shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating governmental entities; and that the acquisition, operation and finance of water and wastewater treatment works by such authorities is declared to be for a public and governmental purpose and a matter of public necessity.
(b)
The property and revenues of the authority, or any interest therein, are exempt from all state, county and municipal taxation.
Acts 1974, ch. 605, § 2; T.C.A., §§ 53-6002, 68-13-602.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-603 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Authority" means a water and wastewater treatment authority created pursuant to this part;
(2)
"Board" means the board of commissioners of an authority;
(3)
"Bonds" includes notes, interim certificates or other obligations of an authority;
(4)
"Creating governmental entity" means any city, metropolitan government or county which creates an authority pursuant to this part;
(5)
"Executive officer" means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity;
(6)
"Governing body" means the chief legislative body of any creating or participating governmental entity;
(7)
"Participating governmental entity" means any utility district, metropolitan government, city, town or county; which utility district, city, town or county, pursuant to a resolution of its governing body, shall have sold, leased, dedicated, donated or otherwise conveyed its water or wastewater treatment works, or both, or a portion thereof, to the authority for operation by the authority in order to make such treatment works an operational part of its treatment works;
(8)
"State" means the state of Tennessee; and
(9)
"Treatment works" means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities, and any works.
Acts 1974, ch. 605, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 53-6003, 68-13-603; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-606 - Executive director - Other officers - Budget

(a)
The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority, and who shall enter into a contract with the executive director establishing such director's salary and term of office.
(b)
(1)
The executive director shall appoint, and the board shall confirm, the following additional officers:
(A)
A secretary;
(B)
An auditor;
(C)
Legal counsel;
(D)
A treasurer; and
(E)
A chief engineer.
(2)
All other officers and employees of the authority shall be appointed by the executive director, subject to any civil service plan adopted by the board.
(c)
(1)
The executive director shall prepare annually the operating budget of the authority and submit the same to the board for approval at least sixty (60) days prior to the beginning of the fiscal year.
(2)
If such budget shall not have been acted upon by the board on the first day of the fiscal year, it shall then automatically go into effect.
(d)
The executive director shall also submit such periodic reports to the board as it may direct.
(e)
The executive director shall attend all meetings of the board.
Acts 1974, ch. 605, § 6; T.C.A., §§ 53-6006, 68-13-606.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-609 - Collection from industrial users for construction costs - Allocation of right to discharge industrial wastes into system

(a)
(1)
In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from such industrial users all or any part of the construction costs of such treatment works reasonably attributed to treatment of such industrial wastes.
(2)
The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the authority is equitable and will assure such industrial cost recovery.
(b)
(1)
The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that such assumption shall not release such original or former user without the written consent of the agency, which consent shall not be unreasonably withheld.
(2)
The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system.
(3)
In the event of such reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to its increased use of the system.
Acts 1974, ch. 605, § 9; T.C.A., §§ 53-6009, 68-13-609.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-610 - Power to condemn property

(a)
An authority has the power to condemn either the fee or such right, title, interest or easement in the property as the board may deem necessary 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.
(b)
Such power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or 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.
Acts 1974, ch. 605, § 10; T.C.A., §§ 53-6010, 68-13-610.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-612 - Powers to incur debt in anticipation of federal or state aid - Sale of bonds to federal agency - Issuance of temporary obligations

(a)
(1)
Notwithstanding any other laws of this state or any of its political subdivisions, any authority which has contracted for and accepted an offer or a grant of federal or state aid, or both, for a particular project for which the authority may raise or expend money, may, upon resolution of its board, incur indebtedness in anticipation of the receipt of such aid for the particular project by issuing its general obligation notes payable in not more than one (1) year, which notes may be renewed from time to time by the issue of other notes; provided, that no notes shall be issued or renewed in an amount which at the time of such issuance or renewal exceeds the unpaid amount of the federal or state aid or both in anticipation of which such notes are issued or renewed.
(2)
To any extent that the federal or state aid in anticipation of which the notes were issued when received exceeds the amount of such aid remaining to be paid under contract or accepted offer, plus the amount of any outstanding notes issued in anticipation thereof, it shall be kept in a separate account and used solely for the payment of such outstanding notes.
(b)
Every authority has the power and is authorized to:
(1)
Sell bonds at private sale to any federal agency without any public advertisement;
(2)
Issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the authority issuing the same may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project; and
(3)
(A)
Issue bond anticipation notes in anticipation of the sale of bonds which have been duly authorized, but all such bond anticipation notes, including any renewals thereof, shall finally mature not later than three (3) years from the date of the original notes.
(B)
All such bond anticipation notes shall have the same security as the bonds in anticipation of which such notes are issued.
Acts 1974, ch. 605, § 12; T.C.A., §§ 53-6012, 68-13-612.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-613 - Administration by civil service - Adoption of civil service plan by authority - Requirements

The authority by action of its board may elect to come under the civil service plan of the creating governmental entity, to be administered by the civil service commission or board of such governmental entity; or may adopt its own civil service plan to be administered by the board, which plan shall include, but need not be limited to, the following provisions:
(1)
Entry into the service on the basis of open competition; and service, promotions and remuneration on the basis of merit, efficiency and fitness;
(2)
Classifications of the positions in the service;
(3)
The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates;
(4)
Employment of candidates from the eligible lists in the highest qualified rating;
(5)
Probationary periods not to exceed six (6) months;
(6)
Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review;
(7)
Schedules of compensation and pay increases prepared by the executive director and approved by the board;
(8)
Promotion on the basis of ascertained merit, seniority in service, and competitive examinations;
(9)
Provision for keeping service records on all employees;
(10)
Regulations for hours of work, attendance, holidays, leaves of absence and transfers; and procedures for layoffs, discharge, suspension, discipline and reinstatement;
(11)
The exemption for civil service of persons employed to render professional, scientific, technical or expert service of a temporary or exceptional character; persons employed on projects paid from the proceeds of bonds issued by the authority; and persons employed for a period of less than three (3) months in any twelve-month period; and
(12)
Review by the board, at the request of the employee in question and after notice and public hearing of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the board. Findings of facts by the board shall not be subject to review by any court except for illegality or want of jurisdiction.
Acts 1974, ch. 605, § 13; T.C.A., §§ 53-6013, 68-13-613.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-614 - Powers of participating governmental entities

Any creating governmental entity and any participating governmental entity has all necessary powers in order to further the purposes of this part, including, without limitation, the following, any or all of which powers may be exercised by resolution of its governing body, to:
(1)
Advance, donate or lend money on real or personal property to the authority;
(2)
Provide that any funds on hand or to become available to it for treatment works purposes shall be paid directly to the authority;
(3)
Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing treatment works or other related property, or grant easements, licenses or other rights or privileges therein to the authority;
(4)
Enter into agreements with the authority with regard to the transfer of its treatment works' employees to the authority with the retention by such employees of any civil service status and accrued rights in pension, disability, hospitalization and death benefits; and
(5)
Permit its rights, duties and powers under its charter or the laws of the state to be performed or exercised by the authority.
Acts 1974, ch. 605, § 14; T.C.A., §§ 53-6014, 68-13-614.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-615 - Dissolution of authority

(a)
Whenever the governing bodies of the creating governmental entity and the participating governmental entities shall each, by resolution, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid, and that such governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of such governmental entities shall execute and file for record with the secretary of state of Tennessee a joint certificate of dissolution reciting such facts and declaring the authority to be dissolved.
(b)
Upon such filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of such dissolution shall vest in and be delivered to such governmental entities in accordance with the terms of their agreement relating thereto.
Acts 1974, ch. 605, § 15; T.C.A., §§ 53-6015, 68-13-615.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-616 - Provisions supplemental

(a)
The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this part shall not affect such powers.
(b)
The powers herein granted may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as herein expressly provided.
(c)
Any metropolitan government or any home rule municipality authorized hereunder to create a water and wastewater treatment authority may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
Acts 1974, ch. 605, § 16; T.C.A., §§ 53-6016, 68-13-616.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-617 - Liberal construction

This part shall be liberally construed to effect the purposes hereof, and insofar as this part may be inconsistent with any other law, this part shall be controlling.
Acts 1974, ch. 605, § 17; T.C.A., §§ 53-6016, 68-13-617.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-618 - Compensation of board members

The members of the board of commissioners shall serve without compensation for their services, except that by resolution duly adopted by the board, each commissioner may receive a per diem payment for not more than six (6) meetings of the board in any calendar year at a rate not greater than three hundred dollars ($300) per meeting.
Amended by 2021 Tenn. Acts, ch. 126, s 1, eff. 4/13/2021.
Acts 1992, ch. 938, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 6 - WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-601 — 68-221-620) › Section 68-221-619 - [Repealed] Reserved

Repealed by 2017 Tenn. Acts, ch. 340, s 1, eff. 5/9/2017.
Added by 2016 Tenn. Acts, ch. 1050, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-701 - Short title

This part shall be known and may be cited as the "Tennessee Safe Drinking Water Act of 1983."
Acts 1983, ch. 324, § 2; T.C.A., § 68-13-701.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-702 - Declaration of policy and purpose

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.
Acts 1983, ch. 324, § 3; T.C.A., § 68-13-702.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-706 - Supervision over construction of public water systems

(a)
(1)
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)
In 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)
(A)
Records of construction, including plans and descriptions of existing works, shall be made available to the department upon request.
(B)
The person in charge of the public water supply shall promptly comply with such request.
(b)
(1)
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 lieu 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.
Acts 1983, ch. 324, § 7; T.C.A., § 68-13-706.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-707 - Supervision of operation and maintenance of public water systems

(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.
Acts 1983, ch. 324, § 8; T.C.A., § 68-13-707.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-708 - Notification to public and regulatory agencies

(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 notification 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.
Acts 1983, ch. 324, § 9; T.C.A., § 68-13-708; Acts 2002, ch. 602, § 1; 2011, ch. 237, § 1; 2012, ch. 777, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-709 - Fluoride levels

(a)
If the quarterly analysis of a water sample from a public water system by a certified laboratory confirms that the level of fluoride in the sample exceeds one and one-half milligrams per liter (1.5 mg/L), the public water system from which the sample was taken must:
(1)
Obtain laboratory analysis of water samples monthly for fluoride levels; and
(2)
Notify all of its customers that a water sample tested exceeded one and one-half milligrams per liter (1.5 mg/L) of fluoride in a manner established by the department.
(b)
Once the monthly analysis of water samples for fluoride conducted pursuant to subdivision (a)(1) confirms that the fluoride level in samples is less than one and one-half milligrams per liter (1.5 mg/L) for three (3) consecutive months, the public water system may resume quarterly laboratory analysis for fluoride.
Added by 2017 Tenn. Acts, ch. 404,s 1, eff. 5/18/2017.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-710 - Emergency plan for provision of water

(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.
Acts 1983, ch. 324, § 11; T.C.A., § 68-13-710.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-711 - Prohibited acts

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.
Acts 1983, ch. 324, § 12; T.C.A., § 68-13-711; Acts 2002, ch. 602, §§ 2, 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-712 - Complaints issued to violator - Orders for corrective action

(a)
(1)
Whenever the commissioner has reason to believe that a violation of this part or regulations pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be delivered 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 for 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 1.
(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)
(1)
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 opportunity 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.
Acts 1983, ch. 324, § 13; T.C.A., § 68-13-712.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-715 - Injunctions

(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 part, 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.
Acts 1983, ch. 324, § 16; T.C.A., § 68-13-715.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-716 - Nuisance

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.
Acts 1983, ch. 324, § 17; T.C.A., § 68-13-716.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-717 - Disbursement of civil penalties and damages

(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.
Acts 1983, ch. 324, § 18; T.C.A., § 68-13-717.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-718 - Construction of part

(a)
(1)
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)
(1)
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, then the latter shall govern.
Acts 1983, ch. 324, § 19; T.C.A., § 68-13-718.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 7 - TENNESSEE SAFE DRINKING WATER ACT OF 1983 (§§ 68-221-701 — 68-221-720) › Section 68-221-719 - Continuation of rules and regulations

(a)
The rules and regulations for public water systems previously promulgated under this chapter, pursuant to part 1 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.
Acts 1983, ch. 324, § 20; T.C.A., § 68-13-719.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-801 - Short title

This part shall be known and may be cited as the "Wastewater Treatment Works Construction Grant Act of 1984."
Acts 1984, ch. 768, § 1; T.C.A., § 68-13-801.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-802 - Purposes

(a)
Recognizing that the state has a very strong interest in both the growth of the economy and the protection of the waters of the state, it is the purpose of this part to financially assist local government to construct wastewater treatment works.
(b)
It is further intended that the grants provided for in this part shall be coordinated with other state and federal programs of loans or grants for construction of wastewater treatment works.
(c)
It is also the purpose of this part to encourage the use of appropriate technologies, the experimentation with new technologies, and the development of adequate local user rate structures.
Acts 1984, ch. 768, § 2; T.C.A. § 68-13-802.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-805 - State preliminary engineering grants and grant allowances

(a)
(1)
The state is authorized to make grant allowances to municipalities for purposes of preliminary engineering for wastewater treatment works construction.
(2)
The department shall administer this grant program.
(b)
(1)
The department shall promulgate regulations setting forth procedures for the submission of applications by municipalities for these grants and for the approval or denial of these applications by the department and setting forth the criteria upon which these approvals and denials will be made, and further setting forth the amounts of such allowances which shall be based on construction cost and the percentage grant amounts bear to total construction cost.
(2)
Such rules and regulations shall also include a method of grant payments.
(c)
Grant allowances for preliminary engineering shall be made at the same time as the grant for construction as provided in §
68-221-804
.
(d)
Grant allowances made to municipalities pursuant to this section shall pay the same percentage of the eligible preliminary engineering costs as the grant made pursuant to §
68-221-804
pays of construction costs.
(e)
(1)
Grants for preliminary engineering for wastewater treatment works construction projects which are financed by a municipality's own resources may be made by the department.
(2)
Such grants shall be at the rate of eighty percent (80%) of allowable preliminary engineering costs.
(3)
Such grants shall be paid at the time of construction of the project.
(f)
Any municipality receiving a grant under this section and subsequently receiving funds for preliminary engineering from other state or federal sources shall refund such grant to the department, and municipalities previously receiving such grants shall not be eligible for preliminary engineering grant allowances under this section.
Acts 1984, ch. 768, § 5; 1985, ch. 221, § 2; T.C.A., § 68-13-805.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-806 - Wastewater works grant account

There is established in the general fund of the state treasury an account to be known as the wastewater works grant account; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner and in such other fund as may be deemed appropriate.
Acts 1984, ch. 768, § 6; T.C.A., § 68-13-806.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-807 - Appropriations

(a)
(1)
There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part.
(2)
Such funds, once appropriated, shall remain available until obligated by the department for not more than two (2) years, without reverting to the general fund.
(b)
(1)
Not more than twenty-five percent (25%) of such annual appropriation may be allocated to grants under §
68-221-805
.
(2)
Not more than twenty percent (20%) of such annual appropriation may be used by the department to pay the difference between seventy-five percent (75%) and fifty-five percent (55%) for innovative and alternative technologies under §
68-221-804(c)
.
(3)
Not more than fifteen percent (15%) of such annual appropriation may be made to cover costs for building a reserve capacity as provided in §
68-221-804(h)
.
Acts 1984, ch. 768, § 7; T.C.A., § 68-13-807.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-808 - Contracts for technical assistance to municipalities

The department may contract with the municipal technical advisory service, the University of Tennessee, for providing technical assistance to municipalities to assist them in receiving or planning to receive funds under these sections in an amount not to exceed three hundred thousand dollars ($300,000) per annum and from funds appropriated for the purposes of funding these sections.
Acts 1984, ch. 768, § 8; T.C.A., § 68-13-808.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-809 - Implementation of technological and fiscal systems

(a)
(1)
The department shall promulgate rules and regulations to assure selection of appropriate technology, cost effective design, and use of value engineering in the construction of wastewater treatment works, and also to establish a peer review system for review of construction projects prior to any grants being made pursuant to this part.
(2)
Such peer review system shall be eligible for funding under this part.
(b)
(1)
(A)
The department shall adopt rules and regulations to assure that municipalities receiving grants pursuant to this part adopt and maintain user rate structures that will fund operation, maintenance, principal and interest obligations and an adequate depreciation account to replace the cost of the wastewater treatment works over its useful life based upon the straight line method of accounting.
(B)
Useful life and straight line method shall be determined in accordance with
26 U.S.C. § 167
and
26 CFR 1.167 (a)-1
et seq.
(2)
A municipality aggrieved by action taken pursuant to this subsection (b), or regulations promulgated pursuant to it, may seek relief in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1984, ch. 768, §§ 9, 10; T.C.A., § 68-13-809.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-810 - Contracts between state and municipalities

(a)
The department may, in the name of the state of Tennessee, enter into contracts with municipalities concerning grants for construction of wastewater treatment works and concerning grants for preliminary engineering.
(b)
The department is authorized to adopt rules and regulations governing such contracts.
Acts 1984, ch. 768, § 11; T.C.A., § 68-13-810.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 8 - WASTEWATER TREATMENT WORKS CONSTRUCTION GRANT ACT OF 1984 (§§ 68-221-801 — 68-221-811) › Section 68-221-811 - Audits of municipalities

(a)
The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that audits of those municipalities receiving grants under this part are conducted to determine whether the municipalities are continuing to comply with all applicable requirements of this part.
(b)
These audits are to be prepared in accordance with §
6-56-105
.
(c)
The auditor shall report directly to the comptroller of the treasury and the department of environment and conservation, in a compliance management letter, such auditor's findings on the compliance or noncompliance of the municipality with the terms of the grants and all applicable requirements of this part.
Acts 1984, ch. 768, § 12; T.C.A., § 68-13-811.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-901 - Short title

This part shall be known and may be cited as the "Water and Wastewater Operator Certification Act."
Amended by 2013 Tenn. Acts, ch. 362,s 1, eff. 7/1/2013.
Acts 1984, ch. 812, § 1; T.C.A., § 68-13-901.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-902 - Legislative purpose

Recognizing that correct operation of water and wastewater systems is necessary for the protection of the public health and the quality of the environment, it is declared to be the purpose of this part to prevent inadequate operation of all such systems through a system of certification of operators and penalties for noncompliance.
Acts 1984, ch. 812, § 2; T.C.A., § 68-13-902.