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 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-903 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Board" means the board of certification created in §
68-221-905
;
(2)
"Certificate" means a certificate of competency issued by the commissioner stating that the operator has met the requirements for the specified operator classification of the certification program;
(3)
"Commissioner" means the commissioner of environment and conservation or the commissioner's duly authorized representative;
(4)
"Operator" means a person who is in direct charge, or that by education, training and experience is qualified to be in direct charge, of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system;
(5)
"Wastewater collection system" means the entire system of pipes, valves, pumping stations and appurtenances through which wastewater is collected and conveyed to the wastewater treatment plant;
(6)
"Wastewater treatment plant" means the facility or group of units provided for the treatment of wastewater, either or both domestic and industrial wastes. Industrial wastes which do not enter a public wastewater system are excluded;
(7)
"Water distribution system" means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer;
(8)
"Water supply system" means the system of pipes, structures and facilities through which water is obtained, treated, and sold, distributed or otherwise offered to the public for household use or any use by humans, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals at least one hundred twenty (120) days or at least sixty (60) consecutive days out of the year. An industrial water system not delivering water for human consumption is excluded from this definition; and
(9)
"Water treatment plant" means the portion of the water supply system which in some way alters the physical, chemical or bacteriological quality of the water.
Acts 1984, ch. 812, § 3; T.C.A., § 68-13-903.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-904 - Certified operators only - Violations of part - Penalties

(a)
It is unlawful for any person, firm or corporation, both municipal and private, operating a water supply system or wastewater system, to operate the water treatment plant, wastewater treatment plant, water distribution system, or wastewater collection system unless the competency of the operators in direct charge of such system are duly certified by the commissioner under this part in effect on and after May 25, 1984, or under former chapter 13, part 3 of this title in effect prior to May 25, 1984.
(b)
Any municipality, utility district, corporation, or persons violating any provisions of this part or the rules and regulations adopted thereunder commits a Class C misdemeanor, and each day in violation constitutes a separate offense.
(c)
(1)
Additionally, any municipality, utility district, corporation or persons violating any provisions of this part, or the rules and regulations adopted thereunder, shall be subject to civil penalties up to ten thousand dollars ($10,000) per day, for each day during which the violation occurs.
(2)
The commissioner has the duty and authority to levy civil penalties authorized in subdivision (c)(1), the duty and authority to issue orders requiring compliance with this part, and to hold show cause meetings with the persons or entities to whom the orders are proposed to be issued.
Amended by 2013 Tenn. Acts, ch. 362,s 2, eff. 7/1/2013.
Acts 1984, ch. 812, §§ 4, 13; 1989, ch. 591, § 113; T.C.A., § 68-13-904.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-906 - Powers and duties of board

(a)
Duties and authority of the board include:
(1)
Adopt, modify, repeal, promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and, after due notice, enforce rules and regulations which the board deems necessary for proper administration of this part;
(2)
Hold at least one (1) examination annually at a designated time and place for the purpose of examining candidates for certification;
(3)
Advertise and promote the program;
(4)
Encourage other operators to become certified besides those required by law;
(5)
Distribute applications and notices;
(6)
Receive and evaluate applications;
(7)
Prepare, conduct and grade examinations;
(8)
Set up a system of fees and late penalties for applicants to support the expenses of the program;
(9)
Maintain all records of the program, and maintain a register of certified operators;
(10)
Promote and schedule regular training schools and programs;
(11)
Hear appeals from any order or ruling issued by the commissioner, and affirm, modify or revoke such order or ruling; issue notices of such appeals and subpoenas requiring attendance of such witnesses and production of such evidence; administer oaths; and take such testimony as the board deems necessary. Any such appeals must be filed with the board within thirty (30) days of issuance of such order or ruling; and
(12)
Recommend to the commissioner the staff required to effectively administer the requirements of this part.
(b)
The board has the authority to hear appeals from orders and civil penalties made or assessed by the commissioner under this part.
Amended by 2013 Tenn. Acts, ch. 362,s 5, eff. 7/1/2013.
Acts 1984, ch. 812, § 5; T.C.A., § 68-13-906.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-907 - Classification of facilities and systems

The board shall classify all water treatment plants, wastewater treatment plants, water distribution systems, and wastewater collection systems with due regard to the size, type, physical conditions affecting such treatment plants, collection systems and distributions systems, and according to the skill, knowledge and experience that the operator must have to supervise successfully the operation of the plant or system, so as to protect the public health.
Acts 1984, ch. 812, § 6; T.C.A., § 68-13-907.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-908 - Certification by commissioner

The commissioner, in accordance with the rules and regulations of the board, shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution systems, and wastewater collection systems, after considering the recommendations of the board appointed by the governor.
Acts 1984, ch. 812, § 7; T.C.A., § 68-13-908.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-909 - Certification of operators - Responsibilities - Multiple functions

(a)
All operators of water and wastewater systems are encouraged to become certified, although this part requires only that a person in direct charge of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system be certified.
(b)
There is nothing in the part to prohibit a single person becoming a certified operator for more than one (1) of the functions listed in subsection (a).
(c)
It is permissible for one (1) certified operator to have the responsibility for more than one (1) water and/or wastewater system where two (2) or more systems are involved in reasonable proximity to one another, and where the duties of operation are such that the work time of one (1) person may properly be divided among two (2) or more systems, or where a certified operator may adequately supervise the work of others in more than one (1) system.
Acts 1984, ch. 812, § 8; T.C.A., § 68-13-909.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-910 - Issuance, duration and renewal of certificates - Reciprocity

(a)
(1)
Upon satisfactory fulfillment of the requirements and based upon recommendation of the board, the commissioner shall issue a suitable certificate to the applicant designating the applicant's competency.
(2)
The certificate will indicate that portion of the plant or system for which the operator is qualified.
(3)
Certificates shall be permanent except as noted subsequently in this part.
(b)
Certificates shall be renewed annually upon payment of the renewal fee and the fulfillment of continuing education and/or experience requirements established by the board, unless revoked or replaced by one of a higher grade.
(c)
Operators who desire to become certified in a higher grade must satisfactorily complete the requirements before the certificate is issued.
(d)
(1)
Certificates shall be valid only so long as the holder uses reasonable care, judgment and application of such holder's knowledge in the performance of such holder's duties.
(2)
No certificate will be valid if obtained through fraud, deceit or the submission of inaccurate data on qualifications.
(e)
Certificates may be issued, without examination, in a comparable classification to any person who holds a certificate in another state; provided, that the requirements of that state are comparable or higher; and provided further, that such requirements do not conflict with this part. Such issuance of a certificate may be contingent upon reciprocal privileges being granted by that state to an operator from Tennessee.
Acts 1984, ch. 812, § 9; T.C.A., § 68-13-910.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-911 - Revocation of certificates - Appeals

(a)
The board may revoke the certificate of an operator when it is found that the operator has practiced fraud or deception; that reasonable care, judgment or the application of such operator's knowledge was not used in performance of such operator's duties; or that the operator is incompetent to properly perform such operator's duties.
(b)
When the commissioner believes an operator has engaged in any of the activities set forth in subsection (a), the commissioner may issue an order suspending the operator's certificate until the board conducts a hearing on the revocation of the operator's certificate for such activities. When the commissioner has issued a suspension order, the board shall conduct its revocation hearing and render its decision within ninety (90) days of the operator's suspension. In the event the board does not render its decision within ninety (90) days of the operator's suspension, the suspension order shall expire and no longer be in force or effect. However, the commissioner may reissue an order of suspension for a period not to exceed ninety (90) days.
(c)
When the board determines an operator's certificate should be revoked under subsection (a), the board shall establish the timing, terms and conditions for any reinstatement of the operator's certificate.
Amended by 2013 Tenn. Acts, ch. 362,s 6, eff. 7/1/2013.
Acts 1984, ch. 812, § 10; T.C.A., § 68-13-911.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-912 - Replacement of certified operator

(a)
The board may allow a period of up to six (6) months for the replacement of a certified operator whose services have been lost by death, illness or other unusual events.
(b)
Further extensions of thirty (30) days, up to a total of one hundred eighty (180) additional days, may be granted if deemed necessary by the board.
(c)
A system shall notify the board in writing within thirty (30) days of the loss of certified operator(s).
Acts 1984, ch. 812, § 11; T.C.A., § 68-13-912.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-913 - Collection of fees - Funding

(a)
All fees collected under this part shall be paid into the state treasury.
(b)
The department of finance and administration, with the governor's approval, is authorized to allot to the department of environment and conservation such funds as are necessary for the administration of this part, and the department is designated as the administrative agency for the board created by this part.
Acts 1984, ch. 812, § 12; T.C.A., § 68-13-913.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-914 - Appeals of board's rulings

(a)
Any party to a hearing before the board regarding a revocation or an appeal of an order or assessment of a civil penalty by the commissioner may appeal the final order of the board to the chancery court of Davidson County.
(b)
Such appeal must be filed within sixty (60) days.
Amended by 2013 Tenn. Acts, ch. 362,s 8, eff. 7/1/2013.
Acts 1984, ch. 812, § 14; T.C.A., § 68-13-914.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 9 - WATER AND WASTEWATER OPERATOR CERTIFICATION ACT (§§ 68-221-901 — 68-221-915) › Section 68-221-915 - Complaints - Procedures - Determinations - Appeals

(a)
Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part.
(b)
Unless the commissioner determines that such a complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and shall notify the alleged violator of what action, if any, the commissioner will take.
(c)
In all cases, the commissioner shall notify the complainant of the commissioner's action or determination within ninety (90) days from the date of the commissioner's receipt of the written complaint.
(d)
(1)
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 this part.
(2)
Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner.
(e)
If the commissioner fails to take the action stated in the commissioner's 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.
(f)
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 such complainant's complaint.
Acts 1984, ch. 812, § 15; T.C.A., § 68-13-915.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1001 - Short title

This part shall be known and may be cited as the "Wastewater Facilities Act of 1987."
Acts 1987, ch. 299, § 1; T.C.A., § 68-13-1001.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1002 - Purpose and intent

(a)
The purpose of this part is to:
(1)
Facilitate statewide compliance with state and federal water quality standards;
(2)
Provide local governments in the state with low-cost financial assistance relative to necessary wastewater facilities through the creation of a self-sustaining revolving loan program so as to improve and protect water quality and public health; and
(3)
Establish fiscal self-sufficiency of wastewater facilities.
(b)
It is intended that the revolving loan program be used in coordination with state and federal assistance programs.
Acts 1987, ch. 299, § 2; T.C.A., § 68-13-1002.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1004 - Wastewater facility revolving loan fund

(a)
(1)
There is created in the state treasury a revolving loan fund to be known as the "wastewater facility revolving loan fund."
(2)
The authority shall administer the fund and shall adopt rules and regulations for such administration.
(3)
All interest and earnings of the fund shall remain a part of the fund.
(4)
No part of the fund shall revert to the general fund on any June 30, but shall remain a part of the fund available for expenditure in accordance with this part.
(5)
The authority may charge and collect from local governments administrative fees and expenses, including, but not limited to, reimbursement of all cost of financing by the authority that the authority determines to be reasonable and required. These fees and expenses shall not become part of the fund.
(b)
(1)
The authority shall deposit in the fund all receipts from the repayment of loans made pursuant to this part.
(2)
The fund shall be established, maintained and credited with repayments, and the fund balance shall be available in perpetuity for providing such loans, pursuant to §§
68-221-1001
- 68-221-1006.
(c)
The department shall deposit in the fund federal funds allocated to the state pursuant to the Clean Water Act (
33 U.S.C. § 1251
et seq.), which have been determined by the department to be for the purpose of making loans to local governments and for which state matching funds are available.
(d)
(1)
The department shall recommend annually to the general assembly the appropriate state funds necessary for the receipt of all available matching federal funds.
(2)
State money appropriated to the department or to the authority to carry out this part may be used, in addition to other purposes, to match federal funds allocated to the state pursuant to the Clean Water Act for the purpose of making loans to local governments.
(e)
The department shall deposit into the fund any federal funds allocated to the state to make loans and to subsidize loans made under the program authorized by this part.
Acts 1987, ch. 299, § 4; T.C.A., § 68-13-1004; Acts 2009 , ch. 224, § 1; 2009 , ch. 402, § 1; 2010 , ch. 1114, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1007 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 36, eff. 7/1/2023.
Acts 1987, ch. 299, § 7; T.C.A., § 68-13-1007; Acts 1997 , ch. 483, § 9.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1008 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 37, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 688, s 2, eff. 4/9/2018.
Amended by 2017 Tenn. Acts, ch. 129, Secs.s 12, s 13 eff. 4/17/2017.
Acts 1987, ch. 299, § 8; T.C.A., § 68-13-1008; Acts 1997 , ch. 483, §§ 10-13, 22; 2007 , ch. 86, §§ 3-7.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1009 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 38, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 10, eff. 3/15/2022.
Amended by 2020 Tenn. Acts, ch. 627, Secs.s 6, s 7 eff. 3/20/2020.
Amended by 2013 Tenn. Acts, ch. 141, s 6, eff. 4/12/2013.
Acts 1987, ch. 297, § 9; T.C.A., § 68-13-1009; Acts 1997 , ch. 483, §§ 14, 15; 2007 , ch. 243, §§ 5, 6.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1010 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 39, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 11, eff. 3/15/2022.
Amended by 2021 Tenn. Acts, ch. 226, s 2, eff. 4/22/2021.
Amended by 2018 Tenn. Acts, ch. 646, s 2, eff. 4/9/2018.
Amended by 2017 Tenn. Acts, ch. 132, s 2, eff. 4/17/2017.
Amended by 2014 Tenn. Acts, ch. 628, s 13, s 14, s 15 eff. 4/4/2014.
Amended by 2013 Tenn. Acts, ch. 141, s 7, s 13 eff. 4/12/2013.
Acts 1987, ch. 299, § 10; T.C.A., § 68-13-1010; Acts 1992, ch. 1023, § 1; 1993, ch. 288, § 1; 1993, ch. 329, §§ 1, 2; 1997 , ch. 483, §§ 16, 17; 1998, ch. 981, § 1; 2004, ch. 619, §§ 1 - 6; 2007 , ch. 243, § 7; 2009 , ch. 72, § 3; 2010 , ch. 876, §§ 2, 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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1011 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 40, eff. 7/1/2023.
Acts 1987, ch. 299, § 11; T.C.A., § 68-13-1011; Acts 1997 , ch. 483, § 18.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1012 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 41, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 12, eff. 3/15/2022.
Amended by 2014 Tenn. Acts, ch. 628, Secs.s 16, s 17 eff. 4/4/2014.
Amended by 2013 Tenn. Acts, ch. 141, s 8, eff. 4/12/2013.
Acts 1987, ch. 299, § 12; T.C.A., § 68-13-1012; Acts 1997 , ch. 483, § 19; 2007 , ch. 243, § 8; 2011 , ch. 392, § 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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1013 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 42, eff. 7/1/2023.
Acts 1987, ch. 297, § 13; T.C.A., § 68-13-1013.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1014 - Authority of local governments to enter into loan agreements

Local governments may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1990, ch. 767, § 1; T.C.A., § 68-13-1014.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1015 - Part supplemental - Loan agreements governed by this part

(a)
This part is in addition and supplemental to any other law providing for the financing of water systems and wastewater facilities of local governments, and shall not be deemed to amend or repeal any other law.
(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.
(d)
[Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 463, s 43, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 129, s 14, eff. 4/17/2017.
Acts 1990, ch. 767, § 2; T.C.A., § 68-13-1015; Acts 1997 , ch. 483, § 20.
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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1016 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 44, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 13, eff. 3/15/2022.
Acts 2020, ch. 572, § 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 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1018 - 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.
Added by 2022 Tenn. Acts, ch. 886,s 10, eff. 4/14/2022.
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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1101 - Legislative purpose

The purpose of this part is to facilitate compliance with the Water Quality Act of 1977, by municipalities which are affected by environmental protection agency (EPA) storm water regulations, particularly those arising from § 405 of the Water Quality Act of 1987, and § 402(p) of the Clean Water Act of 1977, regulating storm water discharges to protect water quality. This part shall enable municipalities to regulate such discharges, to establish a system of drainage facilities, and to fix and require payment of fees for the privilege of discharging storm water. This part shall also enable municipalities to construct and operate a system of drainage facilities for storm water management and flood control.
Acts 1993, ch. 257, § 1; 1995, ch. 133, § 1; 2001, ch. 119, § 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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Agricultural land" means land used for agriculture, as defined in §
1-3-105
;
(2)
"Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facilities; preliminary planning to determine the economic and engineering feasibility of storm water facilities; the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of storm water facilities; and the inspection and supervision of the construction of storm water facilities;
(3)
"Contaminant" means any physical, chemical, biological, or radiological substance or matter in water;
(4)
"Municipality" means any incorporated city or town, county, metropolitan or consolidated government, or special district of this state empowered to provide storm water facilities;
(5)
"Person" means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country;
(6)
"Qualified farmer or nurseryman" has the meaning as defined in §
67-6-207
;
(7)
"Storm water" means storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration (other than infiltration contaminated by seepage from sanitary sewers or by other discharges) and drainage;
(8)
"Storm water facilities" means the drainage structures, conduits, combined sewers, sewers, and all device appurtenances by means of which storm water is collected, transported, pumped, treated or disposed of; and
(9)
"Surface water" includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes, and reservoirs.
Acts 1993, ch. 257, § 2; 1995, ch. 133, § 2; 2001, ch. 119, § 2; 2010 , ch. 1143, §§ 2, 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1103 - Authorization of storm water facilities or flood control improvements by municipality

The governing body of any municipality may authorize the construction, extension, enlargement, or acquisition of necessary storm water facilities or flood control improvements within its corporate boundaries. The improvements may include, but are not limited to, the extension, enlargement, construction, or acquisition of storm water facilities or flood control improvements; the widening, straightening, or relocating of streams, surface waters, or water courses; and the acquisition, extension, enlargement, or construction of any works necessary to regulate the quantity or quality of water for the protection of streams, water courses, surface waters, life, and property; provided, that the municipality obtains all applicable permits and complies with all applicable state and federal laws.
Acts 1993, ch. 257, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1104 - Condemnation of property

A municipality may condemn either the fee or such right, title, interest, or easement in property within its corporate boundaries for any of the purposes mentioned in this part, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by this use. Such power of condemnation may be exercised in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
Acts 1993, ch. 257, § 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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1105 - Municipal authority

(a)
In order to protect the public health, municipalities authorized to provide storm water and flood control facilities by this part are authorized by appropriate ordinance or resolution to:
(1)
Exercise general regulation over the planning, location, construction, and operation and maintenance over storm water facilities in the municipality, whether owned and operated by the municipality or not;
(2)
Adopt any rules and regulations deemed necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits;
(3)
Establish standards to regulate the quantity of storm water discharged and to regulate storm water contaminants as may be necessary to protect water quality;
(4)
Review and approve plans and plats for storm water management in proposed subdivisions or commercial developments;
(5)
Issue permits for storm water discharges, or for the construction, alteration, extension, or repair of storm water facilities;
(6)
Suspend or revoke permits when it is determined that the person has violated any applicable ordinance, resolution, or condition of the permit;
(7)
Regulate and prohibit discharges into storm water facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and
(8)
Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of storm water contamination, whether public or private.
(b)
Municipalities may only exercise the authority granted by subsection (a) in a manner consistent with all requirements of state and federal law that apply to such activities.
(c)
In counties with a metropolitan form of government, the legislative body may, by ordinance, assign responsibility for the planning, location, construction, and operation and maintenance over storm water facilities in the metropolitan county to any department, board or commission.
(d)
In counties having governments other than metropolitan or consolidated governments, the county shall only be empowered to exercise the authority granted by this part outside the jurisdiction of an incorporated city or town.
Acts 1993, ch. 257, § 5; 1995, ch. 409, § 1; 2001, ch. 119, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1106 - Civil penalty for violation of ordinance

(a)
A municipality may establish by ordinance or resolution that any person who violates any ordinance or resolution regulating storm water discharges or facilities shall be subject to a civil penalty of not less than fifty dollars ($50.00) or more than five thousand dollars ($5,000) per day for each day of violations. Each day of violation may constitute a separate violation. A municipality shall give the violator reasonable notice of the assessment of any penalty. A municipality may also recover all damages proximately caused to the municipality by such violations.
(b)
In assessing a civil penalty, the following factors may be considered:
(1)
The harm done to the public health or the environment;
(2)
Whether the civil penalty imposed will be substantial economic deterrent to the illegal activity;
(3)
The economic benefit gained by the violator;
(4)
The amount of effort put forth by the violator to remedy this violation;
(5)
Any unusual or extraordinary enforcement costs incurred by the municipality;
(6)
The amount of penalty established by ordinance or resolution for specific categories of violations; and
(7)
Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
(c)
The municipality may also assess damages proximately caused by the violator to the municipality which may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation.
(d)
The municipality shall establish a procedure for a review of the civil penalty or damage assessment by either the governing body of the municipality or by a board established to hear appeals by any person incurring a damage assessment or a civil penalty. If a petition for review of such damage assessment or civil penalty is not filed within thirty (30) days after the damage assessment or civil penalty is served in any manner authorized by law, the violator shall be deemed to have consented to the damage assessment or civil penalty and it shall become final. The alleged violator may appeal a decision of the governing body or board pursuant to title 27, chapter 8.
(e)
Whenever any damage assessment or civil penalty has become final because of a person's failure to appeal the municipality's damage assessment or civil penalty, the municipality may apply to the appropriate chancery court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such damage assessment or civil penalty as a confession of judgment.
Acts 1993, ch. 257, § 6.
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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1108 - Financing of facilities

A municipal legislative body may finance storm water facilities under the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21. To protect the public health and to assure payment of bonds issued for storm water facilities, the municipality may by appropriate ordinance or resolution use the procedures set forth in §§
68-221-208
and
68-221-209
, for payment and collection of charges.
Acts 1993, ch. 257, § 8.
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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1109 - Powers in addition to other municipal powers

The powers conferred by this part are in addition and supplemental to the powers conferred by any other law, charter, or home rule provision.
Acts 1993, ch. 257, § 9.
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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1110 - Permit conditions for discharges

To the extent practicable, municipalities shall provide permit conditions for storm water discharges associated with industrial activities that are consistent with any permits issued pursuant to the National Pollution Discharge Elimination System (NPDES), unless the discharge contains hazardous substances in excess of reporting quantities, or the facility and the municipality are not in compliance with applicable provisions of the NPDES permits issued to them for storm water, or the discharge materially affects the municipal storm water facilities through either the quantity of wastewater or its contamination.
Acts 1993, ch. 257, § 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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1111 - Water quality regulation authority not limited by this part

Nothing herein shall be construed to limit the power or authority of the department of environment and conservation or of the Tennessee board of water quality, oil and gas with respect to regulation of the waters of the state. Any ordinances or regulations adopted or imposed by municipalities shall be subject to regulation and oversight by the department of environment and conservation or the Tennessee board of water quality, oil and gas.
Amended by 2018 Tenn. Acts, ch. 839, s 24, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Acts 1993, ch. 257, § 11.
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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1112 - Notice of federally mandated charges

Any bill rendered as a result of this part shall contain the following statement with respect to the charges assessed under this part, which statement shall be printed in bold-faced type:
"
THIS FEE HAS BEEN MANDATED BY CONGRESS.
"
Acts 1993, ch. 257, § 13; 2010 , ch. 716, § 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 11 - STORM WATER MANAGEMENT (§§ 68-221-1101 — 68-221-1113) › Section 68-221-1113 - Annual report to state legislative delegation

(a)
The chief administrative officer of the agency or entity responsible for implementing this part or such officer's designated representative shall report annually and personally to the legislative delegation of any municipality to which this section applies on the storm water management program for which such officer is responsible. Such report shall include, at a minimum, the following:
(1)
The status of the storm water management program in such municipality;
(2)
The fee structure imposed to fund the implementation of this part and the adequacy of such fees to implement this part;
(3)
Any long-range plans which have been developed to implement this part;
(4)
The status of any projects to control storm water runoff;
(5)
The status of any condemnation proceedings pursuant to this part; and
(6)
Any other information deemed relevant by such officer or requested by the delegation.
(b)
This section only applies to municipalities in counties having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census. This section also applies to the municipality having the largest population in any county with a population of not less than three hundred thirty-five thousand (335,000) nor more than three hundred thirty-six thousand (336,000), according to the 1990 federal census or any subsequent federal census. This section shall also apply to the municipality having the largest population in any county with a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census.
Acts 1993, ch. 257, § 14.
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 12 - DRINKING WATER REVOLVING LOAN FUND ACT OF 1997 (§§ 68-221-1201 — 68-221-1207) › Section 68-221-1201 - Short title

This part shall be known and may be cited as the "Drinking Water Revolving Loan Fund Act of 1997."
Acts 1997, ch. 483, § 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 12 - DRINKING WATER REVOLVING LOAN FUND ACT OF 1997 (§§ 68-221-1201 — 68-221-1207) › Section 68-221-1202 - Purpose and intent

(a)
The purpose of this part is to:
(1)
Facilitate statewide compliance with state and federal drinking water standards;
(2)
Provide Tennessee water systems with low-cost loans and other financial assistance for system improvements through the creation of a self-sustaining revolving loan program so as to improve drinking water systems; and
(3)
Enable the department to receive and use federal funds for the loan program and other purposes, including, but not limited to, technical assistance, authorized by the federal act.
(b)
It is intended that the drinking water revolving loan program be used in coordination with state and federal assistance programs.
Acts 1997, ch. 483, § 3.