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 2 - CONSTRUCTION OF SEWAGE TREATMENT WORKS (§§ 68-221-201 — 68-221-214) › Section 68-221-206 - Authority to make appropriation

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.
Acts 1967, ch. 362, § 6; T.C.A., § 53-2022; Acts 1989, ch. 233, § 16; T.C.A., § 68-13-206.
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 2 - CONSTRUCTION OF SEWAGE TREATMENT WORKS (§§ 68-221-201 — 68-221-214) › Section 68-221-210 - Authority to levy and collect other charges

(a)
The municipality collecting the user's fee shall have the authority to fix, levy and collect fees, rents, tolls or other charges in an amount necessary to provide for the maintenance and operation of sewage treatment works and payment of any indebtedness.
(b)
This authority shall be in addition to any other authority to set like fees or to levy taxes pursuant to any other statute or authority granted by the state.
Acts 1970, ch. 521, § 1; T.C.A., §§ 53-2026, 68-13-210.
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 2 - CONSTRUCTION OF SEWAGE TREATMENT WORKS (§§ 68-221-201 — 68-221-214) › Section 68-221-211 - Remittance of fees to authority - Application of funds - Contracts - Failure to remit fees

(a)
Each municipality having entered into a contract with the state pursuant to this part shall remit to the authority such amounts and at such times as shown in the repayment schedule to be placed in a special trust fund created to provide for the payment of the principal of and interest on bonds and notes of the authority for the purpose of providing grants for sewage treatment works.
(b)
The authority shall have the right to enter into such contracts and require such guarantees or security as it may see fit prior to, or simultaneously with, the issuance of bonds or notes as authorized hereunder or to refuse to issue such bonds or notes until such contracts or security, in any form which the authority may elect, are agreed to or are obtained.
(c)
In the event any municipality having entered into a contract pursuant to this part shall fail to remit funds in accordance with the monthly payments established by the authority, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the municipality within five (5) days of the failure. In the event the municipality fails to remit the amount set forth in such notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes which are otherwise apportioned to the municipality for the benefit of the authority. Furthermore, in the event any municipality having entered into a contract pursuant to this part fails to remit funds in accordance with the monthly payments established by the authority as aforementioned, the municipality shall increase its sewer user's fee and/or pledge additional available sources of revenue as are necessary to meet the obligation of the municipality according to its contract with the state.
Acts 1970, ch. 521, § 1; 1973, ch. 98, § 4; 1978, ch. 843, § 7; 1980, ch. 452, § 1; 1982, ch. 873, § 3; T.C.A., § 53-2027; Acts 1989, ch. 233, § 20; T.C.A., § 68-13-211.
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 2 - CONSTRUCTION OF SEWAGE TREATMENT WORKS (§§ 68-221-201 — 68-221-214) › Section 68-221-212 - Use of retroactive grant

To the extent that a state grant is made retroactively under this part for an eligible project that has been financed by other funds, such state grant may be used by a municipality for any municipal sewer purpose.
Acts 1970, ch. 521, § 1; T.C.A., § 53-2028; Acts 1989, ch. 233, § 21; T.C.A., § 68-13-212.
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 2 - CONSTRUCTION OF SEWAGE TREATMENT WORKS (§§ 68-221-201 — 68-221-214) › Section 68-221-213 - Authority of local governments to enter into loan agreements

Local governments may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1990, ch. 767, § 3; T.C.A., § 68-13-213.
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 2 - CONSTRUCTION OF SEWAGE TREATMENT WORKS (§§ 68-221-201 — 68-221-214) › Section 68-221-214 - Part supplemental - Loan agreements governed by this part

(a)
This part shall be in addition and supplemental to any other law providing for the financing of sewage treatment works of local governments, and shall not be deemed to amend or repeal any other law.
(b)
No proceedings by a local government shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any law to the contrary.
(c)
No requirements or restraints applicable to borrowing by local governments contained in any other law shall be applicable to loans under this part.
Acts 1990, ch. 767, § 4; T.C.A., § 68-13-214.
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 3 - RESERVED (§§ 68-221-301 — 68-221-302) › Section 68-221-301 - Grant program - Eligible recipients and projects

The department of environment and conservation is authorized to establish a grant program to further the purposes of parts 10 and 12 of this chapter utilizing federal funds allocated and state funds appropriated for such purposes. Eligible recipients of grants awarded pursuant to this part must be limited to the types of entities eligible for low-cost loans under parts 10 and 12 of this chapter or otherwise eligible as provided by federal law for the capitalization grants authorized for the loan programs established by parts 10 and 12 of this chapter. Eligible projects must be limited to those authorized by parts 10 and 12 of this chapter or otherwise eligible as provided by federal law for the capitalization grants authorized for the loan programs established by parts 10 and 12 of this chapter. The commissioner may administer the grant program in accordance with criteria set by the federal government.
Acts 2022, ch. 886, § 10.
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 3 - RESERVED (§§ 68-221-301 — 68-221-302) › Section 68-221-302 - Promulgation of emergency rules

The commissioner of environment and conservation is authorized to promulgate emergency rules in the manner provided under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the program authorized by this part if deemed to be necessary by the commissioner to make full use of available federal funding.
Acts 2022, ch. 886, § 10.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-401 - General requirements

In order to minimize the possibility of endangering the health and welfare of the public and/or the development of esthetically offensive conditions, subsurface sewage disposal systems shall be so located, constructed and maintained that wastes discharged to or from such systems:
(1)
Do not contaminate any drinking water supply;
(2)
Are not accessible to rodents, insects or other potential carriers of disease;
(3)
Do not pollute or contaminate surface or ground water;
(4)
Are not a health hazard by being accessible to the general public;
(5)
Do not cause a nuisance due to odor or unsightly appearance; and
(6)
Will not violate any other laws or regulations governing water pollution or sewage disposal.
Acts 1973, ch. 188, § 1; T.C.A., §§ 53-2042, 68-13-401.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-404 - Program for evaluation of new technologies

The commissioner may develop a program for the evaluation of new technologies for use in subsurface sewage disposal systems. In the program, the commissioner shall first evaluate written documentation and the available studies and literature for such products. If the commissioner is satisfied with the results of this initial review, then the commissioner may authorize certain numbers of systems using the technology to be installed on an experimental basis for a period of time. During this time, the commissioner may require that mechanisms be used to protect the public and the environment. In the commissioner's discretion, this may include restrictive covenants on the property, or manufacturer's warranties with certain terms, or financial assurance mechanisms, including, but not limited to, surety or performance bonds, letters of credit, or escrow deposits. The commissioner may set the fee for permits for such experimental systems in a manner that reflects the department's costs for oversight and evaluation, fees paid by other systems, and the number of experimental systems installed, notwithstanding any rules that set a specific fee for experimental systems, to the contrary.
Acts 2002, ch. 878, § 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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-405 - Access to property

It is the duty of the owner or occupant of the property to give the commissioner free access to the property at reasonable times for the purpose of making such inspections or investigations as are necessary to determine compliance with the requirements of this part and rules and regulations promulgated pursuant to this part.
Acts 1973, ch. 188, § 9; T.C.A., § 53-2046; Acts 1986, ch. 735, § 4; T.C.A., § 68-13-405.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-406 - Unlawful acts

(a)
It is unlawful for any person to:
(1)
Begin construction or construct any house or establishment, mobile or permanent, to be served by a subsurface sewage disposal system prior to approval of plans for the proposed location of the house or establishment and location of disposal system on the lot and approval of the specific lot as to its suitability for construction of the subsurface sewage disposal system by the commissioner;
(2)
Begin construction or construct any house or establishment, mobile or permanent, in a subdivision until the subdivision plans have been approved by the commissioner;
(3)
Construct, alter, extend or repair subsurface sewage disposal systems prior to securing a permit from the commissioner;
(4)
Construct, alter, extend or repair subsurface sewage disposal systems in violation of the permit;
(5)
Engage in the business of removing accumulated wastes from subsurface sewage disposal systems unless a permit has been secured from the commissioner;
(6)
Engage in the business of removing wastes from subsurface sewage disposal systems and dispose of such wastes in any place and manner that do not meet the approval of the commissioner;
(7)
Dispose of sewage or effluent from a subsurface sewage disposal system into any existing or abandoned well or well dug or drilled for that purpose, caves, sinkholes, ditches, streams or surface of the ground; or
(8)
Engage in the business of constructing, altering, extending or repairing subsurface sewage disposal systems prior to securing a permit for such business from the commissioner.
(b)
Notwithstanding any provision of this part to the contrary, if the department is unable to inspect a subsurface sewage disposal system which requires repair within four (4) business days of notification to the department that a repair is necessary, then the person notifying the department may proceed with such repair as though the department had made its inspection and approved the repair. The department shall give priority in inspection of subsurface sewage disposal systems to repair of such systems over issuance of permits for new construction for installation of such systems.
Acts 1973, ch. 188, § 6; T.C.A., § 53-2047; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-406; Acts 1997 , ch. 293, § 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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-407 - Approval of subdivision plan

No proposed subdivision shall be approved by a local planning commission or other agency authorized to approve subdivisions until the plans for such subdivisions have been approved by the commissioner.
Acts 1973, ch. 188, § 4; modified; T.C.A., § 53-2048; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-407.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-410 - Variances - Hearings - Finality of decision

(a)
(1)
Any person whose subdivision plan has been disapproved or whose application for a subsurface sewage disposal system permit has been denied under this part and the rules and regulations promulgated pursuant to this part, may request in writing that a variance be granted by the commissioner.
(2)
The request should set forth in numbered paragraphs the variance requested, the reasons therefor, and be signed by the applicant.
(3)
The commissioner shall investigate the request for variance and inform the applicant of the commissioner's decision within ninety (90) days from the date the request is received.
(4)
A variance may be granted when in the opinion of the commissioner such a variance will not violate §
68-221-401
or otherwise constitute a definite health hazard.
(b)
(1)
Where an applicant, having had a plan disapproved or a permit denied, does not wish to request a variance, or where such applicant's request for a variance is denied, or where such applicant's permit has been suspended or revoked, such applicant may request a hearing before the commissioner; provided, that nothing in this section shall require the commissioner to hold more than one (1) hearing on a particular matter.
(2)
Any hearing which is held pursuant to this section shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
Any decision of the commissioner to disapprove plans to deny, suspend or revoke a permit, or to deny a request for a variance, shall become a final decision and not subject to review unless the applicant requests by written petition a hearing or variance no later than thirty (30) days after such decision is received.
Acts 1973, ch. 188, § 8; 1975, ch. 259, § 1; T.C.A., § 53-2051; Acts 1986, ch. 735, § 7; T.C.A., § 68-13-410.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-411 - Laws or ordinances in conflict with part

In any case where a provision of this part is found to be in conflict with a provision of any private or public act or local ordinances or code existing May 4, 1973, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
Acts 1973, ch. 188, § 12; T.C.A., §§ 53-2052, 68-13-411.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-412 - Injunctions

(a)
The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any provision of this part or any rule or regulation promulgated pursuant to this part.
(b)
It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in bringing such civil action.
Acts 1973, ch. 188, § 10; T.C.A., § 53-2053; Acts 1986, ch. 735, § 8; T.C.A., § 68-13-412.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-413 - Violations - Penalty

(a)
Any person violating any of this part and rules and regulations promulgated pursuant to this part commits a Class C misdemeanor.
(b)
It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in prosecuting such violations.
Acts 1973, ch. 188, § 10; T.C.A., § 53-2054; Acts 1986, ch. 735, § 9; 1989, ch. 591, § 113; T.C.A., § 68-13-413.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-414 - Proof of access to sewage system prior to construction - Rules and regulations

(a)
Any person who intends to construct or locate a house or establishment, mobile or permanent, shall furnish evidence to the deputy electrical inspector under contract with the department of commerce and insurance, that:
(1)
The house or establishment is served by a public sewerage system; or
(2)
The person has applied for a permit for a subsurface sewage disposal system;
provided, that this subsection (a) shall not apply to farm buildings or other buildings which are not connected to a public sewerage system or a subsurface sewage disposal system.
(b)
No public electric system shall supply electrical service for the construction or location of a house or establishment, mobile or permanent, until notified by the official electrical inspector that there has been compliance with subsection (a). Such notification shall be furnished to the public electric system by the inspector along with the electrical inspection approval for the house or establishment.
(c)
Under no circumstances shall any of the following persons be held liable for a violation of subsection (b) unless the violation is knowing and intentional:
(1)
A public electric system or any of its employees; and
(2)
The department of commerce and insurance or any of the electrical inspectors employed by or under contract with that department.
(d)
The sole responsibility for enforcement of the subsurface sewage law shall lie with the department of environment and conservation.
(e)
This section does not apply to those counties having, on July 1, 1994, countywide building permit programs; provided, that those counties shall by letter certify to the commissioner of environment and conservation that such programs do exist which require that a subsurface sewage disposal system permit be obtained prior to receiving a building permit.
(f)
(1)
On or before September 14, 1993, the commissioner of environment and conservation shall promulgate proposed regulations establishing the necessary coordination between the department of environment and conservation and the department of commerce and insurance. These regulations shall not become final until they are approved by the commissioner of commerce and insurance.
(2)
The commissioner of commerce and insurance may promulgate regulations clarifying that department's responsibility under this section, if such regulations are deemed necessary.
(g)
Any county that adopts and establishes a countywide building permit program subsequent to July 1, 1994, shall become exempt from this section; provided, that it meets the requirements of subsection (e).
Acts 1993, ch. 325, §§ 1, 2; 2006, ch. 877, § 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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-416 - Advanced treatment systems requirements

All ATS installed are subject to the following requirements:
(1)
A technician certified by the manufacturer shall install or personally supervise the installation of each ATS and associated field lines. Once an ATS is installed pursuant to §
68-221-415
and this section, the owner of the property shall perpetually operate and maintain it properly. This requirement shall run with the land and be binding upon all future owners of the property. A technician certified by the manufacturer shall perform this operation and maintenance on the ATS;
(2)
Routine operation and maintenance shall be performed at three-month intervals;
(3)
The manufacturer shall execute a four-year operation and maintenance contract with the owner of each ATS sold and installed. The costs of such contract shall be included in the original price of the installed ATS. The contract shall require that the manufacturer provide the following services, unless the damage or failure is caused by abuse by the homeowner or a third party outside the control of the manufacturer or technician:
(A)
All manufacturer required or recommended mechanical and physical inspections and adjustments;
(B)
The inspecting, repair, and cleaning or replacement of any filters or mechanical components, as required or as may be necessary;
(C)
Service calls at request of owner to inspect, adjust, repair, or replace components;
(D)
Any necessary repairs to the effluent disposal system associated with the ATS; and
(E)
Measure the sludge and pump it out and properly dispose of it, when necessary; and
(4)
All zoning requirements established for the parcel by the municipality or county government shall apply.
Acts 2000, ch. 919, § 3; 2006, ch. 743, § 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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-417 - Penalty for failure to conduct operation and maintenance checks - Penalty for failure to maintain operation and maintenance contract

Failure of a property owner to conduct operation and maintenance as required by §§
68-221-415
and
68-221-416
or to maintain an operation and maintenance contract for an ATS shall constitute an offense punishable as a Class C misdemeanor.
Acts 2000, ch. 919, § 4.
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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-418 - Excavation of a preexisting subsurface sewage disposal system

(a)
Notwithstanding any provision of the law to the contrary, no county government official may require a homeowner or the department to conduct any excavation of a pre-existing subsurface sewage disposal system prior to issuing any county permit or license for rebuilding, remodeling, or otherwise altering any house or establishment, mobile or permanent, utilizing such system; provided, however, that:
(1)
If the county permit is issued, the altered house or establishment utilizing the pre-existing subsurface sewage disposal system will be owned by the same owner or:
(A)
An ancestor of such owner;
(B)
The spouse or former spouse of such owner;
(C)
A lineal descendent of such owner, of such owner's spouse or former spouse, or of a parent of such owner; or
(D)
The spouse of any lineal descendent of such owner described in subdivision (a)(1)(C) of this section; who utilized the subsurface sewage disposal system prior to rebuilding, remodeling or otherwise altering such house or establishment;
(2)
The owner, or person described in subdivisions (a)(1)(A)-(D) of this section, has no actual knowledge of any defect with the subsurface sewage disposal system or any failure of such system;
(3)
The pre-existing subsurface sewage disposal system is not constructed, altered, extended or repaired in any manner other than being connected to the rebuilt, remodeled or otherwise altered house or establishment;
(4)
The rebuilding, remodeling, or other alteration of the house or establishment is not in connection with a sale of the property; and
(5)
The property owner who applied and obtained the permit or license signs a sworn statement certifying compliance with this section.
(b)
Prior to sale of such altered or improved house or establishment, the owner shall disclose such improvements utilizing the pre-existing subsurface sewage disposal system on the residential property disclosure statement required pursuant to §
66-5-210
.
(c)
Any county that enters into an agreement with the commissioner of environment and conservation pursuant to §
68-221-403
, upon the majority vote of such county's governing body and written notification of such vote to the department, shall be exempt from this section.
Acts 2004, ch. 779, § 1; 2005, ch. 103, § 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 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419) › Section 68-221-419 - Requirements for the installation and operation of advanced treatment systems (ATS)

(a)
Any water and wastewater treatment authority that is created by a county legislative body pursuant to part 6 of this chapter, subject to approval by the county legislative body, may enact a regulation that creates requirements for the installation and operation of advanced treatment systems (ATS) and the structures served by ATSs within the county; provided, that:
(1)
The requirements are equal to or more stringent than the requirements imposed on the systems or structures by the department of environment and conservation pursuant to this part or title 69, chapter 3, part 1;
(2)
A copy of the regulation is filed with the department prior to its effective date;
(3)
Any modifications to the regulation requested by the department at any time are promptly adopted; and
(4)
Enforcement of the regulation shall be the responsibility of the county legislative body and shall not be the responsibility of the department.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
nor more than
62,900
63,000
71,100
71,200
105,800
105,900
Acts 2006, ch. 669, §§ 1, 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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-501 - Short title

This part shall be known and may be cited as the "Waterworks Construction Loan Act of 1974."
Acts 1974, ch. 671, § 1; T.C.A., §§ 53-2055, 68-13-501.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-502 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Authority" means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor;
(2)
"Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of waterworks, preliminary planning to determine the economic and engineering feasibility of waterworks, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary in the construction of waterworks, and the inspection and supervision of the construction of waterworks;
(3)
"Department" means the department of environment and conservation;
(4)
"Eligible project" means a project for the construction of waterworks for which approval is required under this part, which conforms with the applicable rules and regulations of the department, and which in the judgment of the department is economically feasible;
(5)
"Law" includes any act or statute, general, special or local, and the charter of any incorporated town or city or metropolitan government of this state;
(6)
"Municipality" means any county, metropolitan government, incorporated town or city, or special district of this state empowered to provide water services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project; and
(7)
"Waterworks" includes all or any part of the following: source of supply, pumping facilities, purification works, collection and storage facilities and distribution system for water, together with all necessary parts and appurtenances for proper operation.
Acts 1974, ch. 671, § 2; T.C.A., § 53-2056; Acts 1989, ch. 233, § 22; T.C.A., § 68-13-502.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-504 - Rules and regulations

The department may adopt rules and regulations necessary for the effective administration of this part, including, but not limited to, the submission of plans, the procedures to be followed in applying for loans, and for enforcing agreements entered into by municipalities with the department with respect to such loans. Such rules and regulations shall require that an eligible project be so constructed, both as to materials and design, as to:
(1)
Provide an adequate and safe supply of water for the area to be served;
(2)
Provide for expansion and extension of the system, taking into consideration growth that can be reasonably anticipated; and
(3)
Minimize costs of integration with another system or systems where proximity of such systems indicates that integration may become desirable.
Acts 1974, ch. 671, § 4; T.C.A., § 53-2058; Acts 1989, ch. 233, §§ 27, 28; T.C.A., § 68-13-504.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-505 - Appropriation of funds

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.
Acts 1974, ch. 671, § 5; T.C.A., §§ 53-2059, 68-13-505.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-506 - Loan agreements with municipalities - Provisions of agreement

(a)
The state may enter into agreements with municipalities, and any municipality may enter into an agreement with the state for loans herein provided, subject, however, to any existing contractual obligations of the municipality.
(b)
Any loan agreement may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following:
(1)
An estimate of the reasonable cost of the project to be constructed, as determined by the department;
(2)
An agreement by the state to pay part of the amount of the loan to the municipality prior to the construction, or during the progress of the construction, or to pay the amount of the loan following completion of the construction, as may be agreed upon by the parties; and
(3)
An agreement by the municipality to:
(A)
Proceed expeditiously with and complete the project in accordance with plans approved pursuant to this part and to §
68-221-102
;
(B)
Commence operation of the waterworks on its completion, and not discontinue operations or dispose of the project without the approval of the department and the authority;
(C)
Operate and maintain the project in accordance with applicable provisions of this chapter, and rules and regulations of the department;
(D)
Establish and collect such fees, rates or charges for water service and/or pledge other available sources of revenues necessary to make payments according to the schedule established by the authority and to make payments as provided in this part; and
(E)
Establish and maintain adequate financial records for the waterworks, and make an annual audit of the financial records and transactions covering each fiscal year and furnish a copy of such audits to the comptroller of the treasury.
Acts 1974, ch. 671, § 6; 1978, ch. 843, § 9; T.C.A., § 53-2060; Acts 1989, ch. 233, § 29; T.C.A., § 68-13-506.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-507 - Additional agreements or securities required for issuance of bonds

The authority has the right to enter into such further agreements with a municipality and require such further guarantees or securities as it may see fit prior to, or simultaneously with, the issuance of bonds, or to refuse to issue such bonds until such agreements or securities, in any form which the authority may elect, are agreed to or are obtained.
Acts 1974, ch. 671, § 7; T.C.A., § 53-2061; Acts 1989, ch. 233, § 30; T.C.A., § 68-13-507.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-508 - Approval of loan agreements - Payments

(a)
All loan agreements entered into pursuant to this part shall be subject to approval by the commissioner of finance and administration and, as to form, by the attorney general and reporter.
(b)
All payments by the state pursuant to such agreements shall be made upon warrant by the commissioner of finance and administration on vouchers approved by the department, and such payments shall be subject to audit at any time.
Acts 1974, ch. 671, § 8; T.C.A., §§ 53-2062, 68-13-508.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-509 - Allocation of loan funds - Criteria

In allocating loan funds to municipalities, the department shall give consideration to, and apply, the following standards and criteria:
(1)
The need and desirability for water to be supplied by the proposed waterworks construction;
(2)
The need for upgrading the quality of water of an existing waterworks;
(3)
The ability of the municipality to secure borrowed money from other sources and costs thereof;
(4)
If the purpose of the loan is to extend water service into an area outside the boundaries of incorporated towns and cities or special districts, the greater capability of another municipality to provide water in the area, if such other municipality is permitted by law to serve the area and will make a commitment satisfactory to the department to extend such service into the area;
(5)
The enhancement of the economic development of the state, the region or the locality;
(6)
The upgrading of the quality of life of the state, the region or the locality;
(7)
The achievement of a political equity or balance across the state and between such diversities or interests as cities and counties, urban areas and rural areas, and grand divisions; and
(8)
In the case of a special district, the financial stability of the district, and no funds shall be made available to a district when there is reason to believe that the funds may not be repaid.
Acts 1974, ch. 671, § 9; T.C.A., §§ 53-2063, 68-13-509.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-510 - Payments to state - Water service fee - Taxation

(a)
The authority shall establish the monthly payment due from the municipality to the state necessary for the municipality to fund the project.
(b)
The municipality shall establish a water service fee and/or such ad valorem taxes as necessary to provide funds sufficient to pay the monthly payments established, plus the costs of operation and maintenance of the water works, including depreciation according to generally accepted accounting principles, and any other debt service expense of the system.
(c)
It is the intent that the water service fee be the primary source of payment of such costs and payments.
(d)
The water service fee shall be adjusted periodically by the municipality so that such fees will be sufficient to pay such monthly payments and costs, but will create a minimum excess.
(e)
It is the intent that such water service fees shall only be for the purpose of providing for such monthly payments and costs.
(f)
The water service fee shall be expressed as a single charge on the utility bill.
Acts 1974, ch. 671, § 10; 1978, ch. 843, § 10; 1982, ch. 873, § 5; T.C.A., § 53-2064; Acts 1984, ch. 965, § 9; 1989, ch. 233, § 31; T.C.A., § 68-13-510.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-511 - Payments made to authority - Special trust funds

(a)
Each municipality having entered into a loan agreement shall remit to the authority such amounts and at such times as shown in the amortization schedule established by the authority.
(b)
Such funds shall be placed in a special trust fund of the authority created to provide for the payment of principal of, and interest on, bonds and notes issued by the authority for the purpose of providing waterworks loans to municipalities.
Acts 1974, ch. 671, § 11; 1978, ch. 843, § 11; T.C.A., § 53-2065; Acts 1989, ch. 233, § 32; T.C.A., § 68-13-511.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-512 - Tax levy to meet payments

In the event the revenues of a waterworks project are insufficient to meet the payments as established by the authority, any county, metropolitan government, incorporated town or city may levy a tax on property sufficient to make such payments, which shall be in addition to all other taxes authorized or limited by law.
Acts 1974, ch. 671, § 12; T.C.A., § 53-2066; Acts 1989, ch. 233, § 33; T.C.A., § 68-13-512.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-513 - Failure of municipality to comply with payment schedule - Withholding of state funds - Rate increases

(a)
In the event any municipality, having entered into a loan agreement, shall fail to remit funds in accordance with the amortization schedule established by the authority, the commissioner of finance and administration shall deliver by certified mail a written notice of such failure to the municipality within five (5) days of the failure.
(b)
In the event the municipality shall fail to remit the amount set forth in the notice within sixty (60) days of the receipt of such notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes which are otherwise apportioned to the municipality for the benefit of the authority.
(c)
Furthermore, in the event any municipality having entered into a loan agreement shall fail to remit funds in accordance with the amortization schedule established by the authority, the municipality shall increase its fees, rates or charges for water service and/or pledge additional other available sources of revenue as are necessary to meet the obligation of the municipality according to the loan agreement.
Acts 1974, ch. 671, § 13; 1975, ch. 57, § 1; 1978, ch. 843, § 12; 1982, ch. 873, § 6; T.C.A., § 53-2067; Acts 1989, ch. 233, §§ 34, 36; T.C.A., § 68-13-513.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-514 - Enforcement of agreement by the state

The state, either through the authority or the department, shall have the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction, to require the municipality and the governing body and any proper officer, agent or employee of the municipality to carry out any agreements and to perform its and their duties under this part or any rule or regulation of the department adopted pursuant thereto.
Acts 1974, ch. 671, § 14; T.C.A., § 53-2068; Acts 1989, ch. 233, § 35; T.C.A., § 68-13-514.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-515 - Limit on indebtedness not applicable

Municipalities may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1974, ch. 671, § 15; T.C.A., §§ 53-2069, 68-13-515.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-516 - Action of municipality by resolution

All action required or authorized to be taken under this part by the governing body of any municipality may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption.
Acts 1974, ch. 671, § 16; T.C.A., §§ 53-2070, 68-13-516.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-517 - Provisions supplemental

(a)
This part is in addition and supplemental to any other law providing for the financing of waterworks of municipalities, and shall not be deemed to amend or repeal any other law.
(b)
No proceedings by a municipality shall be required for loan agreements hereunder except such as are provided by this part, notwithstanding any provision of law to the contrary.
(c)
No requirements or restrictions applicable to borrowing by municipalities contained in any other law shall be applicable to loans under this part.
Acts 1974, ch. 671, § 17; T.C.A., §§ 53-2071, 68-13-517.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-518 - Powers of Tennessee public utility commission unaffected

Nothing in this part shall be construed as impairing the powers and duties of the Tennessee public utility commission with respect to special districts empowered to provide water services.
Amended by 2017 Tenn. Acts, ch. 94,s 74, eff. 4/4/2017.
Acts 1974, ch. 671, § 18; T.C.A., §§ 53-2072, 68-13-518; Acts 1995, ch. 305, § 133.
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 5 - WATERWORKS CONSTRUCTION LOAN ACT OF 1974 (§§ 68-221-501 — 68-221-519) › Section 68-221-519 - Loans made retroactively

To the extent that a loan is made retroactively under this part for an eligible project that has been financed by other funds, such loan may be used by a municipality for any municipal water purpose.
Acts 1989, ch. 233, § 37; T.C.A., § 68-13-519.