reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 2 - LANDING AND LOADING FACILITIES (§§ 69-2-101 — 69-2-108) › Section 69-2-106 - Cooperation of other agencies

In executing this chapter, the commissioner is authorized to cooperate with and seek and accept the assistance of any subdivision, agency or instrumentality of the state, the United States and any agency or instrumentality thereof or corporation owned thereby.
Acts 1935, ch. 36, § 6; C. Supp. 1950, § 3252.6 (Williams, §3260.6); T.C.A. (orig. ed.), § 70-206.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 2 - LANDING AND LOADING FACILITIES (§§ 69-2-101 — 69-2-108) › Section 69-2-107 - Purpose of chapter - Rights of United States

The purpose of this chapter is declared to be to promote and facilitate traffic and commerce upon the waters of the state in the interest of its people, and to cooperate with and aid the United States in improving navigation upon such waters. In carrying out this chapter, due regard shall be had for the paramount rights of the United States government in the control of navigable waters.
Acts 1935, ch. 36, § 7; C. Supp. 1950, § 3252.7 (Williams, §3260.7); T.C.A. (orig. ed.), § 70-207.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 2 - LANDING AND LOADING FACILITIES (§§ 69-2-101 — 69-2-108) › Section 69-2-108 - Wharves to be kept in repair

(a)
No owner, lessee, or such owner's or lessee's agent, in charge of a wharf upon any of the rivers of this state, where the same is kept or used for profit, shall be entitled to make and collect any charge whatever for wharfage, or the landing of boats, unless the wharf is, at the time of making such charge, in good repair, macadamized or cobblestoned. When it is not convenient to get stone, the owner of the wharf or bank may use such material as will put and keep the wharf or bank in repair.
(b)
Failure upon the part of anyone having charge of such wharf to keep the same in repair, as described in this section, is a Class C misdemeanor.
Acts 1879, ch. 81, §§ 1, 2; Shan., §§ 3550, 3551; Code 1932 §§ 7973, 7974; T.C.A. (orig. ed.), §§70-208, 70-209; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-101 - Short title

This part shall be known as the "Water Quality Control Act of 1977."
Acts 1971, ch. 164, § 1; 1977, ch. 366, § 1; T.C.A., § 70-324.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-102 - Declaration of policy and purpose

(a)
Recognizing that the waters of Tennessee are the property of the state and are held in public trust for the use of the people of the state, it is declared to be the public policy of Tennessee that the people of Tennessee, as beneficiaries of this trust, have a right to unpolluted waters. In the exercise of its public trust over the waters of the state, the government of Tennessee has an obligation to take all prudent steps to secure, protect, and preserve this right.
(b)
It is further declared that the purpose of this part is to abate existing pollution of the waters of Tennessee, to reclaim polluted waters, to prevent the future pollution of the waters, and to plan for the future use of the waters so that the water resources of Tennessee might be used and enjoyed to the fullest extent consistent with the maintenance of unpolluted waters.
(c)
Moreover, an additional purpose of this part is to enable the state to qualify for full participation in the national pollutant discharge elimination system (NPDES) established under § 402 of the Federal Water Pollution Control Act, Public Law 92-500 (
33 U.S.C. § 1342
).
(d)
Additionally, it is intended that all procedures in this part shall be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1971, ch. 164, § 2; 1977, ch. 366, § 1; T.C.A., § 70-325; Acts 1992, ch. 684, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-111 - Appeals

An appeal may be taken from any final order or other final determination of the board by any party, with the exception of the department. An appeal from a final order or other final determination of the board is instituted by filing a petition for review in the chancery court of Davidson County, or in the chancery court of the county in which the violation of this chapter occurred. The alleged violator shall elect in which court to file the petition for review.
Amended by 2013 Tenn. Acts, ch. 181, s 17, eff. 7/1/2013.
Acts 1971, ch. 164, § 10; 1971, ch. 386, § 5; 1977, ch. 366, § 1; 1981, ch. 449, §2; T.C.A., § 70-333; Acts 1984, ch. 804, § 8; 1993, ch. 156, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-112 - Assistance in prosecuting violations

It is the duty of the district attorneys general in the various districts throughout the state or the attorney general and reporter to assist the department, upon its request, by prosecuting those persons in violation of §§
69-3-115
- 69-3-117.
Acts 1971, ch. 164, § 11; 1971, ch. 386, § 6; 1977, ch. 366, § 1; 1979, ch. 422, §20; T.C.A., § 70-334.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-113 - Procurement of information

(a)
(1)
Any person whom the board or the commissioner has reason to believe is causing, or may be about to cause, pollution, or any person having information concerning such person, shall furnish the board or the commissioner, upon request by the board or commission, all pertinent information required by the board or the commissioner in the discharge of the board's or commissioner's duties under this part.
(2)
Under this section, information includes data relating to processes or methods of manufacture or production required by the board, the commissioner, or officers of the United States in the administration of their duties, including secret formulae and proprietary manufacturing processes.
(3)
All information shall be used by the board only for purposes of water quality control. The board or the commissioner has the power to issue protection orders to prevent public dissemination of any secret formulae or proprietary manufacturing processes, except that such orders shall not extend to information concerning waste products discharged into the waters of the state.
(4)
In addition to providing information, persons may be required to keep such records as deemed necessary by the board or the commissioner to facilitate the discharge of their duties.
(b)
Any information obtained by the board or commissioner, except secret formulae or proprietary manufacturing processes, pursuant to this section, shall be available to the public for reasonable inspection and copying.
Acts 1971, ch. 164, § 12; 1977, ch. 366, § 1; T.C.A., § 70-335.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-114 - Causing pollution or refusing to furnish information

(a)
It is unlawful for any person to discharge any substance into the waters of the state or to place or cause any substance to be placed in any location where such substances, either by themselves or in combination with others, cause any of the damages as defined in §
69-3-103
, unless such discharge shall be due to an unavoidable accident or unless such action has been properly authorized. Any such action is declared to be a public nuisance.
(b)
In addition, it is unlawful for any person to act in a manner or degree that is violative of any provision of this part or of any rule, regulation, or standard of water quality promulgated by the board or of any permits or orders issued pursuant to this part; or to fail or refuse to file an application for a permit as required in §
69-3-108
; or to refuse to furnish, or to falsify any records, information, plans, specifications, or other data required by the board or the commissioner under this part.
(c)
The plea of financial inability to prevent, abate, or control pollution shall not be a valid defense under this part.
Acts 1971, ch. 164, § 13; 1972, ch. 631, § 2; 1977, ch. 366, § 1; T.C.A., § 70-336.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-116 - Damages to the state

(a)
The commissioner may assess the liability of any polluter or violator for damages to the state resulting from any person's pollution or violation, failure, or neglect in complying with any rules, regulations, or standards of water quality promulgated by the board or permits, including failure by an in-lieu fee sponsor to timely complete land acquisition and initial physical and biological improvements, or orders issued pursuant to this part.
(b)
If an appeal from such assessment is not made to the board by the polluter or violator within thirty (30) days of notification of such assessment, the polluter or violator shall be deemed to have consented to such assessment and it shall become final.
(c)
Damages may include any expenses incurred in investigating and enforcing this part, in removing, correcting, and terminating any pollution, and also compensation for any loss or destruction of wildlife, fish, or aquatic life and any other actual damages caused by the pollution or violation.
(d)
Whenever any assessment has become final because of a person's failure to appeal within the time provided, the commissioner may apply to the appropriate court for a judgment, and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
Amended by 2021 Tenn. Acts, ch. 208, s 2, eff. 4/22/2021.
Acts 1971, ch. 164, § 15; 1977, ch. 366, § 1; T.C.A., § 70-338.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-117 - Proceedings against violators - Injunctions

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, conditions of permits issued under this part, the rules and regulations of the board or orders of the board or commissioner. In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity. Specifically, the commissioner may seek injunctive relief against industrial users of publicly owned treatment works who fail to pay user or cost recovery charges or who violate pretreatment standards or toxic effluent limitations established as a condition to the permit of the treatment works.
Acts 1971, ch. 164, § 16; 1972, ch. 444, § 1; 1977, ch. 366, § 1; 1979, ch. 422, §22; T.C.A., § 70-339; Acts 1984, ch. 804, § 9.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-118 - Other remedies

(a)
(1)
Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named in the complaint, promptly investigate the allegations contained in the complaint, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of the action or determination within ninety (90) days from the date of the commissioner's receipt of the written complaint.
(2)
If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing, which will be conducted pursuant to §
69-3-110
. The appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner.
(3)
If the commissioner fails to take the action stated in the notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure.
(4)
The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing up the complaint.
(b)
The penalties, damages, and injunctions provided for in §§
69-3-115
- 69-3-119 are intended to provide additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the state. Nothing contained in this section shall be construed to abridge or alter rights of action or remedies in equity or under common law or statutory law, criminal or civil, nor shall any provision of §§
69-3-115
- 69-3-117 or this section, or any act done by virtue thereof, be construed as estopping the state or any municipality or person, as riparian owners or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances, to abate pollution, or to recover damages resulting from such pollution.
(c)
The board, department or its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section.
Acts 1971, ch. 164, § 17; 1971, ch. 386, § 8; 1977, ch. 366, § 1; T.C.A., § 70-340; Acts 1984, ch. 804, § 10.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-119 - Disposition of fees, penalties and damages

All fees, penalties, and damages assessed and collected under this part shall be placed in a special fund and earmarked, allocated, and appropriated to the division for the purpose of complying with this part. Any unexpended balance of the special fund in any fiscal year shall revert to the general fund.
Acts 1971, ch. 164, § 18; 1971, ch. 386, § 9; 1977, ch. 366, § 1; T.C.A., § 70-341; Acts 1984, ch. 804, § 11; 1992, ch. 693, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-120 - Construction of part

(a)
This part is intended to supplement other provisions of the Tennessee Code Annotated, and no part thereof shall be construed to repeal any such provisions specifically enacted for the protection of health or the protection of fish and game of the state, except that the administration of any laws pertaining to the pollution of waters as defined in §
69-3-103
shall be in accordance with the general policies and regulations adopted by the board.
(b)
All sections in 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 part are intended to be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If any provision of this part conflicts with the Uniform Administrative Procedures Act, then the latter shall govern.
(f)
If any section, subsection, sentence, clause, phrase, or words of this part are for any reason held to be invalid, such decree shall not affect the validity of any remaining portion of this part.
(g)
Nothing whatsoever in this part shall be so construed as applying to any agricultural or forestry activity or the activities necessary to the conduct and operations thereof or to any lands devoted to the production of any agricultural or forestry products, unless there is a point source discharge from a discernible, confined, and discrete water conveyance.
(h)
The passage of the Water Quality Control Act of 1977 shall grant no new authority over non-point sources to the department, which was not previously established by the Water Quality Control Act of 1971. In all cases of conflict between this part and §§
68-221-101
- 68-221-108, the Sanitary Engineering Law, this part shall take precedence.
Acts 1971, ch. 164, § 19; 1977, ch. 366, §§ 1, 3; T.C.A., § 70-342; Acts 1992, ch. 693, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-121 - Continuation of rules and regulations, permits, contracts and agreements

(a)
The rules and regulations previously promulgated under the Water Quality Control Act of 1971 shall remain in effect as the rules and regulations under this part. Any of these rules or regulations that may conflict with a statutory provision of this part are hereby rendered void, but shall not affect the validity of the remaining rules and regulations.
(b)
All permits and temporary permits issued under the Water Quality Control Act of 1971 shall remain in effect under this part until such time as they expire or are revoked or modified pursuant to this part.
(c)
Any contracts, agreements, plans or any other documents developed under the Water Quality Control Act of 1971 shall remain in effect under this part.
Acts 1977, ch. 366, § 2; T.C.A., § 70-343.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-122 - Sewerage system contractors or operators - Bonds or security - Noncomplying or abandoned facilities

(a)
No person shall construct, operate or hold out to the public as proposing to construct or operate a sewerage system unless such person first provides a bond or other financial security to the department, and has received approval of the same.
(b)
The board may by regulation establish the amount and form of such bond or financial security for various sizes and types of facilities. In no case shall the amount of the bond or financial security exceed seventy-five thousand dollars ($75,000). The purpose of the bond or financial security shall be the protection of the public health, welfare, and the environment of the state.
(c)
The commissioner may petition the chancery court of the county in which the facility is located for forfeiture of the bond or other financial security, if the department determines that:
(1)
The continued operation or lack of operation of a facility covered by this section represents a threat to the health of the public or is causing or will cause violations of classified water uses that the board has established;
(2)
All reasonable and practical efforts under the circumstances have been made to obtain corrective actions from persons responsible for the facility; and
(3)
It does not appear that corrective actions can or will be taken within an appropriate time or it appears that the facility has been abandoned.
(d)
The proceeds of such forfeiture shall be paid into the court and, pursuant to the order of the court, used in combination with any remedy provided by law or equity that will correct or mitigate the noncompliance of such facility.
(e)
If the court finds that a facility covered by this section has been abandoned or that services of the facility have been terminated, the court may enter such orders regarding the continued operations of such facility as it deems necessary to protect the public.
(f)
This section does not apply to the following:
(1)
Facilities owned or operated by a governmental entity or agency; or
(2)
Facilities in operation prior to May 25, 1984.
Acts 1984, ch. 804, § 12.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-123 - Pretreatment enforcement - Procedure - Complaints - Orders

(a)
(1)
Whenever the local administrative officer of any pretreatment agency has reason to believe that a violation of any provision of the pretreatment program of the pretreatment agency or orders of the local hearing authority issued pursuant thereto has occurred, is occurring, or is about to occur, the local administrative officer may cause a written complaint to be served upon the alleged violator or violators.
(2)
The complaint shall specify the provision or provisions of the pretreatment program or order alleged to be violated or about to be violated and the facts alleged to constitute a violation thereof, may order that necessary 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 local hearing authority.
(3)
Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing before the local hearing authority as provided in §
69-3-124
, no later than thirty (30) days after the date such order is served; provided, that the local hearing authority may review such final order on the same grounds upon which a court of the state may review default judgments.
(b)
(1)
Whenever the local administrative officer finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, the health of animals, fish or aquatic life, a public water supply, or the facilities of the publicly owned treatment works of the pretreatment agency, the local administrative officer may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the local administrative officer deems necessary to meet the emergency.
(2)
If the violator fails to respond or is unable to respond to the local administrative officer's order, the local administrative officer may take such emergency action as the local administrative officer deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The local administrative officer may assess the person or persons responsible for the emergency condition for actual costs incurred by the local administrative officer in meeting the emergency.
(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 affected thereby personally, by the local administrative officer or any person designated by the local administrative officer, or such service may be made in accordance with Tennessee statutes authorizing service of process in a civil action. Proof of service shall be filed in the office of the local administrative officer.
Acts 1987, ch. 111, § 2.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-126 - Pretreatment enforcement - Assessment for noncompliance with program permits or orders

(a)
The local administrative officer may assess the liability of any polluter or violator for damages to the pretreatment agency resulting from any person's or industrial user's pollution or violation, failure, or neglect in complying with any permits or orders issued pursuant to the pretreatment program or §
69-3-123
, §
69-3-124
, or §
69-3-125
.
(b)
If an appeal from such assessment is not made to the local hearing authority by the polluter or violator within thirty (30) days of notification of such assessment, the polluter or violator shall be deemed to have consented to the assessment, and it shall become final.
(c)
Damages may include any expenses incurred in investigating and enforcing the pretreatment program or §§
69-3-123
- 69-3-129, in removing, correcting, and terminating any pollution, and also compensation for any actual damages caused by the pollution or violation.
(d)
Whenever any assessment has become final because of a person's failure to appeal within the time provided, the local administrative officer may apply to the appropriate court for a judgment, and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
Acts 1987, ch. 111, § 5.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-127 - Pretreatment enforcement - Judicial proceedings and relief

The local administrative officer may initiate proceedings in the chancery court of the county in which the activities occurred against any person or industrial user who is alleged to have violated or is about to violate the pretreatment program, §§
69-3-123
- 69-3-129, or orders of the local hearing authority or local administrative officer. In such action, the local administrative officer may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
Acts 1987, ch. 111, § 6.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-128 - Pretreatment enforcement

Any net increase in expenditures after subtracting out net gains from penalties and damage payments received by a local governmental entity pursuant to §§
69-3-123
- 69-3-129 shall be borne equally by the local governmental entity and by the department. The local governmental entity shall document and verify its expenditures before receiving reimbursement from the department.
Acts 1987, ch. 111, § 8; 1992, ch. 693, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-129 - Disposition of damage payments and penalties - Special fund

All damages or penalties, or both, assessed and collected under §§
69-3-123
- 69-3-128 shall be placed in a special fund by the pretreatment agency and allocated and appropriated to the pretreatment agency for the administration of its pretreatment program.
Acts 1987, ch. 111, § 7.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-131 - Rules and regulations

The board shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which rules and regulations shall govern the manner in which emergency repairs made in accordance with §
69-3-108(n)
must be made. The department shall send a copy of such rules and regulations to each county highway department in the state.
Acts 1993, ch. 155, § 2.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-132 - Advisory committee to assist removal of debris from streams and stabilization of stream banks

There is hereby created an advisory committee to the division of water pollution control to advise and assist the division on procedures and policies concerning the application of this part to the removal of debris from streams and stabilization of stream banks. The members of the committee shall serve without compensation and shall be appointed by the commissioner to include representatives from local government, farmers, the natural resource conservation service, the University of Tennessee extension, and environmental groups. Meetings of this committee shall be held in counties with a large number of situations where these activities are needed.
Acts 1998, ch. 659, § 3; 2004, ch. 517, § 14.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-133 - Stop work order

When certain silvicultural activities have polluted waters of the state as a result of an operator's failure or refusal to use forestry best management practices, the commissioner of environment and conservation may issue a stop work order to the operator. If the owner is different than the operator, the commissioner shall at the same time notify the owner that a stop work order has been issued to the operator by delivering a copy of the stop work order to the owner. The stop work order requires that the operator must cease part or all of the silvicultural activities on site that are contributing to such pollution. The stop work order will remain in effect until the operator installs forestry best management practices that eliminate and prevent further pollution associated with the silvicultural activities. No stop work order may be issued or suspended without consultation with the commissioner of agriculture.
Acts 2000, ch. 680, § 2.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-134 - Written notice of conduct violation

No operator who at any time within the previous two (2) years has been found to have violated this part in the conduct of silvicultural activities, such finding of violation not having been overturned or reversed on appeal, shall start any silvicultural activities, unless the operator, at least ten (10) days prior to the start of any silvicultural activities has filed a written notification, with the commissioner of agriculture and the commissioner of environment and conservation, including the following information:
(1)
The name and address of the operator and, if different than the owner, the name and address of the owner;
(2)
The location of the silvicultural activities and estimated acreage; and
(3)
The anticipated beginning date and anticipated length of the silvicultural activities.
Acts 2000, ch. 680, § 3.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-135 - Request for hearing

A written request for a hearing before the board of water quality, oil and gas on the stop work order must be filed by the operator with the commissioner of environment and conservation within thirty (30) days of receipt of notice. If a hearing is requested, the operator shall also be afforded the opportunity to meet with the commissioner of environment and conservation or, at the commissioner's option, the deputy or assistant commissioner, within three (3) working days after the hearing request is filed to discuss the alleged violation and show cause why a stop work order should not have been issued. Any modification or revocation of the stop work order shall be in writing. If the commissioner or such designee upholds the stop work order, it shall remain in effect until resolution of the appeal or the operator comes into compliance. If no request for hearing is made within thirty (30) days of the receipt of notice, the stop work order becomes final and not subject to review.
Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021.
Acts 2000, ch. 680, § 4.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-136 - Failure to give notice - Failure to comply with stop work order

Failure of an operator to give the notice required by §
69-3-134
or to comply with a stop work order issued pursuant to §§
69-3-133
and
69-3-135
shall subject the operator to the penalties in §
69-3-115(a)(1)(E)
.
Acts 2000, ch. 680, § 5.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-137 - Pollution notification form

(a)
The department of environment and conservation and the department of agriculture shall devise a form to be used to notify the departments of a situation in which a person alleges that pollution has resulted or will result from a forestry operation that may have violated the Water Quality Control Act, compiled in this chapter.
(b)
This form, together with instructions and information concerning the preferred method and locations for filing such notices, shall be prominently displayed and maintained in a downloadable form on the internet websites maintained by each department. The form and instructions shall be simple and informative and shall avoid the use of technical terms. Any toll-free number available to accept public inquiries or complaints concerning pollution from silvicultural activity shall also be displayed.
(c)
The departments shall continue to accept notifications and requests for investigation of silvicultural activities by telephone, in writing, and when feasible by electronic mail. Nothing in this section shall be construed to require that any notice or requests for investigation of a silvicultural activity must be on the form that is prepared pursuant to this section or that any notice to a department or any complaint must meet any technical requirement.
Acts 2000, ch. 849, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-138 - Timber harvesting

(a)
(1)
Whenever a person contracts in writing with a master logger to conduct any type of timber harvesting on the person's property, the master logger shall assume sole liability for compliance with this chapter for a period of one (1) year after the timber harvest is completed; provided, that the master logger gives written certification to the person that the master logger has designed a plan of best management practices (BMPs) to ensure compliance with all applicable water pollution control laws and that the master logger will install, maintain and adhere to established BMPs to ensure erosion and sediment controls to protect waters of the state in all harvesting activities on the property.
(2)
The master logger shall not be responsible for the negligent or intentional acts of the landowner or any third party when such actions are the cause of a water quality violation. Actions and appeals resulting from a violation issued by the department shall be heard by the board of water quality, oil and gas established in §
69-3-104
, in accordance with the procedures established by the board and in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
As used in this section, "master logger" means a person who is identified by the division of forestry of the department of agriculture as having completed all requirements of the Tennessee master logger program or a master logger program of substantially equal rigor provided in another state, including, but not limited to, maintaining all current continuing education requirements.
Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021.
Acts 2005, ch. 268, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-139 - Stop work orders for coal surface mining operations

(a)
The commissioner is authorized to issue stop work orders for coal surface mining operations in accordance with subsections (b) and (c).
(b)
When certain coal surface mining activities have polluted waters of the state as a result of an operator's failure or refusal to comply with permit conditions, the commissioner may issue a stop work order to the operator. The stop work order shall specify those parts of the coal surface mining activities on site that are contributing to the pollution that must stop. The stop work order shall remain in effect until the department determines that the operator has installed or repaired all necessary measures to comply with the permit so that further pollution associated with the surface mining activities will not occur.
(c)
A written request for a hearing before the board of water quality, gas, and oil on the stop work order must be filed by the operator to the commissioner within thirty (30) days of receipt of notice. If the operator files that request and also makes a specific request for an informal meeting with the commissioner to show cause why the stop work order should not have been issued, then the commissioner or, at the commissioner's option, the deputy or assistant commissioner, shall meet with the operator within three (3) working days after the hearing request is filed. Any modification or revocation of the stop work order shall be in writing. If the commissioner or the commissioner's designee upholds the stop work order, it shall remain in effect until resolution of the appeal or until the operator comes into compliance. If no request for hearing is made within thirty (30) days of the receipt of notice, the stop work order becomes final and not subject to review.
(d)
Failure of an operator to comply with a stop work order issued pursuant to this section shall subject the operator to the penalties in §
69-3-115
.
Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021.
Acts 2006, ch. 594, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-140 - Collection of water samples - Report

(a)
(1)
In collecting water samples drawn to test the water quality of the Pigeon River at the time the river enters Tennessee from Haywood County, North Carolina, the department shall draw samples from the river within one quarter (1/4) mile of the border separating Tennessee and North Carolina in the center of the river. The samples shall be drawn at a time when any power plant that emits discharges into the Pigeon River and that is located within one (1) mile of the state border is running at least one (1) generator. The samples shall be drawn in addition to collecting samples at any other location the department deems appropriate to test the water quality of the river.
(2)
The results of water samples drawn pursuant to subdivision (a)(1) shall be reported independently of any other water samples drawn to test the quality of the Pigeon River and shall be incorporated by the department in any analysis of the river's water quality. The samples shall at a minimum be analyzed for apparent and true color in accordance with United States environmental protection agency methods and evaluated against Tennessee water quality standards approved by the United States environmental protection agency.
(b)
The department is authorized to obtain a generation schedule from the power plant in order to facilitate timing the drawing of samples and may contract with local rafting entities for transportation services related to the taking of samples pursuant to subsection (a).
Acts 2008 , ch. 767, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-143 - Rock harvesting operations

Sections
69-3-143
- 69-3-147 shall govern rock harvesting operations as defined in §
69-3-144
.
Acts 2011 , ch. 341, § 3.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-144 - Definitions for Sections 69-3-143 - 69-3-147

As used in §§
69-3-143
- 69-3-147, unless the context otherwise requires:
(1)
As used for the purposes of rock harvesting under §§
69-3-143
- 69-3-147 only, "mineral" means dimension stone, flagstone, fieldstone, landscaping stone, drystack stone, facade and marble, but does not include any other "mineral" as defined in §
59-8-202
;
(2)
"Operator" means any person engaged in rock harvesting who disturbs or intends to disturb one (1) acre or more of land or removes or intends to remove more than one hundred (100) tons of minerals as defined in subdivision (1). Any operator who has obtained a permit and otherwise complied with this part may subcontract any part or all of the rock harvesting area covered by the permit to the extent that such subcontractors meet all the qualifications and requirements of this part; and
(3)
"Rock harvesting":
(A)
Means the removal of minerals, as defined in subdivision (1), by an operator with or without machinery; and
(B)
Does not include activity that is exempt from this part under § 69-3-120(g).
Amended by 2024 Tenn. Acts, ch. 939,s 1, eff. 7/1/2024.
Acts 2011 , ch. 341, § 3.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 3 - WATER POLLUTION CONTROL (§§ 69-3-101 — 69-3-303) › Part 1 - WATER QUALITY CONTROL ACT (§§ 69-3-101 — 69-3-148) › Section 69-3-145 - Required permit or notice of coverage under a general permit - Construction regarding adjudication of property rights disputes

(a)
No operator shall engage in rock harvesting without having first obtained from the commissioner a permit or notice of coverage under a general permit as required in §
69-3-108
and the regulations promulgated pursuant thereto. At least thirty (30) days prior to engaging in rock harvesting on any land in which the right to engage in rock harvesting has been severed from the ownership of the land surface, the operator shall send the owner of the surface, by certified mail, return receipt required, a copy of the permit or notice of coverage from the department. The operator shall forward copies of all records relating to the certified mailing to the department. All costs associated with the certified mailing and transmission of records to the department shall be borne by the operator.
(b)
The granting of a permit shall be subject to payment by the operator of the fee prescribed in title 68, chapter 203, and upon submission to the department of the following information:
(1)
Evidence of the operator's legal right to harvest the minerals on the land affected by the permit;
(2)
Proof of general liability and, if applicable, workers' compensation insurance coverage. The general liability policy shall be in an amount of no less than one million dollars ($1,000,000). Proof of coverage shall be provided to the department prior to issuance of the permit;
(3)
Proof of the registration with the department of revenue of the operator and any subcontractors;
(4)
All application forms, maps, calculations and narratives required to satisfy §
69-3-108
and the regulations issued pursuant thereto; and
(5)
A reclamation/stabilization plan which addresses backfilling, grading and revegetation of the site. The reclamation plan will be followed as operations proceed with the overburden and waste materials from succeeding cuts being utilized in the reclamation of preceding cuts. The overburden and waste material from the first cut may be utilized for access road construction. The plan shall provide for returning the affected area as close as is reasonable in the circumstances to its preharvesting state, considering the available overburden and other factors.
(c)
Nothing in this section shall be construed to authorize the commissioner to adjudicate property rights disputes.
Acts 2011, ch. 341, § 3.