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 12 - DRINKING WATER REVOLVING LOAN FUND ACT OF 1997 (§§ 68-221-1201 — 68-221-1207) › Section 68-221-1203 - Part definitions

Terms used in this part that are defined in §§
68-221-703
and
68-221-1003
shall have the same meaning in this part. As used in this part, unless the context otherwise requires:
(1)
"Federal act" means the Safe Drinking Water Act, or Title XIV of the Public Health Service Act (
42 U.S.C. § 300f
et seq.), as amended, and rules and regulations promulgated thereunder;
(2)
"Fund" means the water system revolving loan fund;
(3)
"Loan" means loans, loan guarantees, or a source of reserve and security for leveraged loans;
(4)
"Security" means that which is determined by the authority to be acceptable to secure a loan to a water system under this part and includes, but is not limited to, dedicated or other revenues of the system, collateral, letters of credit, and surety bonds;
(5)
"State act" means the Tennessee Safe Drinking Water Act of 1983, compiled in part 7 of this chapter, as amended, and rules and regulations promulgated thereunder; and
(6)
"System" and "water system" mean the community public water systems of a county, incorporated town or city, metropolitan government, a privately owned for-profit community public water system, utility district formed pursuant to the Utility District Law, compiled in title 7, chapter 82, water/wastewater authority, energy authority, state agency, or an instrumentality of government created by any one (1) or more of these or by an act of the general assembly as well as such governmental entity.
Amended by 2015 Tenn. Acts, ch. 207, s 1, eff. 4/20/2015.
Acts 1997 , ch. 483, § 4; 2002, ch. 603, § 6; 2009 , ch. 409, § 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 12 - DRINKING WATER REVOLVING LOAN FUND ACT OF 1997 (§§ 68-221-1201 — 68-221-1207) › Section 68-221-1204 - Drinking water revolving loan fund

(a)
(1)
There is created in the state treasury a revolving loan fund to be known as the "drinking water revolving loan fund."
(2)
The authority shall administer the fund and may 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 revolving fund available for expenditure in accordance with this part.
(5)
The authority may charge and collect from systems and water systems 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 principal and interest on 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 this part.
(c)
The department shall deposit in the fund federal funds allocated to the state pursuant to the federal act which have been determined by the department to be for the purpose of making loans to water systems 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 Safe Drinking Water Act for the purpose of making loans to water systems.
(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 1997, ch. 483, § 5; 2009, ch. 224, § 2; 2009, ch. 402, § 3; 2010, ch. 1114, § 5.
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 68-221-1207 - 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 9, 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1301 - Short title

This part shall be known and may be cited as the "Regional Water and Wastewater Treatment Authority Act."
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1302 - Authorities created as public and governmental bodies - Property and revenue exempt from taxes

(a)
It is declared that water and wastewater treatment authorities created pursuant to this part shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating governmental entities; and that the acquisition, operation and finance of water and wastewater treatment works by the authorities is declared to be for a public and governmental purpose and a matter of public necessity.
(b)
The property and revenues of the authority, or any interest in the property or revenues, are exempt from all state, county and municipal taxation.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1303 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Authority" means a water and wastewater treatment authority created pursuant to this part;
(2)
"Board" means the board of commissioners of an authority;
(3)
"Bonds" includes notes, interim certificates or other obligations of an authority;
(4)
"Creating governmental entity" means any city, metropolitan government, county or utility district that creates an authority pursuant to this part;
(5)
"Executive officer" means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity;
(6)
"Governing body" means the chief legislative body of any creating or participating governmental entity;
(7)
"Participating governmental entity" means any utility district, metropolitan government, city, town or county, which utility district, city, town or county, pursuant to a resolution of its governing body, has sold, leased, dedicated, donated or otherwise conveyed its water or wastewater treatment works, or both, or a portion of its water or wastewater treatment works, to the authority for operation by the authority in order to make the treatment works an operational part of its treatment works;
(8)
"State" means the state of Tennessee; and
(9)
"Treatment works" means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities, and any works.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1306 - Executive director - Budget

(a)
The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority. The board shall enter into a contract with the executive director establishing the director's salary and term of office.
(b)
The executive director is responsible for all personnel matters related to the authority, including, but not limited to, recruitment, discipline and compensation.
(c)
(1)
The executive director shall annually prepare the operating budget of the authority and submit the budget to the board for approval at least sixty (60) days prior to the beginning of the fiscal year.
(2)
If the board has not acted on the budget by the first day of the fiscal year, the budget shall then automatically go into effect.
(3)
(A)
Prior to the beginning of the fiscal year, an authority, whether created pursuant to this chapter or a public or private act, shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be:
(i)
Based upon historical operating results and reasonably anticipated future operations; and
(ii)
Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury, or the comptroller's designee.
(B)
A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval.
(C)
The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable.
(D)
If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee.
(E)
In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions.
(d)
The executive director shall also submit periodic reports to the board that it may direct.
(e)
The executive director shall attend all meetings of the board.
Amended by 2023 Tenn. Acts, ch. 463, s 49, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 256, s 9, eff. 4/28/2021.
Acts 2007 , ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1308 - Charges for services - Classification of customers - Contracts for collection of sewer charges

(a)
The authority may fix the price or charges for its water and waste treatment services rendered to users within and without the service area of the authority; provided, that the rates charged shall be uniform for the same class of customers or service and may represent the equitable or proportionate share of treatment costs of that class of customers or service.
(b)
In classifying customers served or service furnished by the system of sewerage or water, the authority may, in its discretion, consider any or all of the following factors:
(1)
The difference in cost of service to the various customers;
(2)
The location of the various customers within and without the service area of the authority;
(3)
The difference in cost of maintenance, operation, repair and replacement of the various parts of the system;
(4)
The different character of the service furnished various customers;
(5)
The quantity and quality of the sewage delivered and the time of its delivery;
(6)
Capital contributions made to the system, including, but not limited to, assessments; and
(7)
Any other matters that present a reasonable difference as a ground for distinction.
(c)
(1)
As used in this subsection (c), "sewer" means waste water collection or treatment, or both.
(2)
(A)
The board may enter into contracts with any utility district or municipality providing sewer services within the jurisdiction, or with any municipal utilities board or commission operating a water system within the jurisdiction of the authority, for the collection of sewer charges. The authority, or any public corporation, utility district or municipal utilities board or commission so contracting with the authority or contracting directly with any public or private corporation providing sewer services within the jurisdiction, is authorized and empowered:
(i)
To meter, bill and collect sewer service charges as an added designated item on its water service bills, or otherwise;
(ii)
To discontinue water service to sewer users who fail or refuse to pay sewer service charges;
(iii)
Not to accept payment of water service charges from any customer without receiving at the same time payment of any sewer service charges owed by that customer; and
(iv)
Not to reestablish water service for any customer until such time as all past due sewer service charges owed by that customer have been paid.
(B)
The utility district or municipal utilities board or commission is authorized to perform all acts and discharge all obligations required by any such contract or contracts.
Acts 2007 , ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1309 - Collection from industrial users for construction costs - Assumption of commitment to repay recovery costs - Allocation of right to discharge industrial wastes into system

(a)
(1)
In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from those industrial users all or any part of the construction costs of the treatment works reasonably attributed to treatment of the industrial wastes.
(2)
The apportionment of the costs shall be equitable as among industrial users, and the costs may be collected by assessment, connection fee, periodic charges, or by other method or combinations of methods as in the judgment of the authority is equitable and will assure industrial cost recovery.
(b)
(1)
The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that the assumption shall not release the original or former user without the written consent of the agency, which consent shall not be unreasonably withheld.
(2)
The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system.
(3)
In the event of reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to the industrial user's increased use of the system.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1310 - Power to condemn property

(a)
An authority has the power to condemn either the fee or any right, title, interest or easement in the property that the board may deem necessary for any of the purposes mentioned in this part, and the property or interest in that property may be so acquired whether or not the property or the interest in the property 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 that prior public use shall not be interfered with by this use.
(b)
The power of condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1312 - Powers to incur debt in anticipation of federal or state aid - Sale of bonds to federal agency - Issuance of temporary obligations

(a)
(1)
Notwithstanding any other laws of this state or any of this state's political subdivisions, any authority that has contracted for and accepted an offer or a grant of federal or state aid, or both, for a particular project for which the authority may raise or expend money, may, upon resolution of its board, incur indebtedness in anticipation of the receipt of the aid for the particular project by issuing the authority's general obligation notes payable in not more than one (1) year, which notes may be renewed from time to time by the issue of other notes; provided, that no notes shall be issued or renewed in an amount that at the time of issuance or renewal exceeds the unpaid amount of the federal or state aid, or both, in anticipation of which the notes are issued or renewed.
(2)
To any extent that the federal or state aid in anticipation of which the notes were issued when received exceeds the amount of aid remaining to be paid under contract or accepted offer, plus the amount of any outstanding notes issued in anticipation of the state or federal aid, the excess shall be kept in a separate account and used solely for the payment of the outstanding notes.
(b)
Every authority has the power and is authorized to:
(1)
Sell bonds at private sale to any federal agency without any public advertisement;
(2)
Issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the authority issuing the interim receipts, certificates or other temporary obligations may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project; and
(3)
(A)
Issue bond anticipation notes in anticipation of the sale of bonds that have been duly authorized, but all those bond anticipation notes, including any renewals of the bond anticipation notes, shall finally mature not later than three (3) years from the date of the original notes.
(B)
All such bond anticipation notes shall have the same security as the bonds in anticipation of which the notes are issued.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1313 - Powers of creating and participating governmental entities

Any creating governmental entity and any participating governmental entity has all necessary powers in order to further the purposes of this part, including, but not limited to, the following, any or all of which powers may be exercised by resolution of the governmental entity's governing body, to:
(1)
Advance, donate or lend money on real or personal property to the authority;
(2)
Provide that any funds on hand or to become available to the governmental entity for treatment works purposes shall be paid directly to the authority;
(3)
Sell, lease, dedicate, donate or otherwise convey to the authority any of the governmental entity's interest in any existing treatment works or other related property, or grant easements, licenses or other rights or privileges therein to the authority;
(4)
Enter into agreements with the authority with regard to the transfer of the governmental entity's treatment works' employees to the authority with the retention by the employees of any accrued rights in pension, disability, hospitalization and death benefits; and
(5)
Permit the governmental entity's rights, duties and powers under the governmental entity's charter or the laws of the state to be performed or exercised by the authority.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1314 - Dissolution of authority

(a)
Whenever the governing bodies of the creating governmental entity and the participating governmental entities each, by resolution, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid, and that such governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the governmental entities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved.
(b)
Upon this filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of dissolution shall vest in and be delivered to the governmental entities in accordance with the terms of their agreement relating to the dissolution.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1315 - Powers conferred by part additional and supplemental

(a)
The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law, and are not in substitution for those powers, and the limitations imposed by this part shall not affect those powers.
(b)
The powers granted in this part may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this part.
(c)
Any metropolitan government or any home rule municipality authorized under this part to create a water and wastewater treatment authority may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1316 - Liberal construction

This part shall be liberally construed to effect the purposes of this part, and insofar as this part may be inconsistent with any other law, this part shall be controlling.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1317 - Compensation of board members

The members of the board of commissioners may receive compensation for their services and shall receive per diem or reimbursement for necessary expenses.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1318 - Policy of competitive bidding - Purchasing

(a)
The national policy in favor of competition shall ensure a policy of competitive bidding for all authorities.
(b)
An authority shall be subject to the applicable purchasing laws of the creating governmental entity, or if two (2) or more creating governmental entities form a water and wastewater treatment authority, then an authority shall be subject to the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2.
Acts 2007, ch. 250, § 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 13 - REGIONAL WATER AND WASTEWATER TREATMENT AUTHORITY ACT (§§ 68-221-1301 — 68-221-1319) › Section 68-221-1319 - General assembly approval requirement

No water and wastewater treatment authority created pursuant to this part after July 1, 2008, shall be located in more than one (1) county without the approval of the general assembly.
Acts 2007, ch. 250, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-101 - Navigable waters are highways

All navigable waters are public highways, including those declared navigable by special law.
Code 1858, § 1299; Shan., § 1808; Code 1932, § 3074; T.C.A. (orig. ed.), § 70-101.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-102 - Opening and cleaning navigable streams

The county legislative body is authorized to make contracts for opening or cleaning out any navigable streams within the county, and for keeping them free from obstructions.
Code 1858, § 1300 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., § 1809; Code 1932, § 3075; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-102.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-103 - Overseers appointed for navigable stream districts

A county may lay off a navigable stream or any portion of the stream in the county into a district, and appoint overseers to the district, as in the case of public roads.
Code 1858, § 1301 (deriv. Acts 1784 (Oct.), ch. 14, § 16); Shan., § 1810; Code 1932, § 3076; T.C.A. (orig. ed.), § 70-103.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-104 - Working on streams as public roads

When any watercourse is laid off into districts, hands shall be apportioned, the necessary instruments furnished, and the watercourse cleared out, obstructions removed, and the stream kept in good order by the overseer, under the same regulations and penalties in regard to overseers and hands as in the case of public roads.
Code 1858, § 1302 (deriv. Acts 1784 (Oct.), ch. 14, § 16); Shan., § 1811; Code 1932, § 3077; T.C.A. (orig. ed.), § 70-104.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-105 - Supervisor of water improvements - Duties

Every county legislative body may appoint a supervisor to visit the improvements made on the navigable streams in the county, at least once in every year, and make diligent inquiry into all offenses committed in regard to the streams, and institute proceedings against such offenses.
Code 1858, § 1303; Shan., § 1812; Code 1932, § 3078; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-105.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-106 - Compensation of supervisor

The county legislative body shall allow the supervisor a reasonable compensation for services, to be paid out of any money in the county treasury.
Code 1858, § 1304; Shan., § 1813; Code 1932, § 3079; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-106.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-107 - Obstructing river - Penalty

(a)
Any person who obstructs the navigation of the main channel of any navigable river or other stream, by building mills, erecting dams or locks, in or across the same, unless authorized by law, or by any other means whatever, shall be liable to a penalty of two hundred fifty dollars ($250), one half (1/2) to the use of the person who sues for it and the other one half (1/2) to the use of the state.
(b)
In addition to the civil penalty in subsection (a), such obstruction of the main channel of any navigable river or other stream is a Class C misdemeanor.
Code 1858, § 1305 (deriv. Acts 1819, ch. 63, § 4); Shan., § 1814; Code 1932, § 3080; T.C.A. (orig. ed.), § 70-107; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-108 - Diverting water from main channel

(a)
No person, upon pretense of having a right to the flow of water through a sluice of a navigable watercourse, on which sluice such person has built a mill, shall divert the water from the main channel into the sluice, so as to obstruct or impede the navigation of the main channel.
(b)
A violation of this section is a Class C misdemeanor.
Code 1858, § 1306; Shan., § 1816; Code 1932, § 3082; T.C.A. (orig. ed.), § 70-108; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-109 - Temporary diversion from sluice

The water of the sluice may be diverted into the main channel for the immediate passage of a boat for a time not exceeding one half (1/2) a day, so that the water is returned to the sluice in such manner as not to impair the profitable enjoyment of the mill.
Code 1858, § 1307; Shan., § 1817; Code 1932, § 3083; T.C.A. (orig. ed.), § 70-109.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-110 - Damages for diversion of stream

Any person diverting any stream from its natural channel is liable to any party aggrieved for the damages sustained.
Code 1858, § 1308; Shan., § 1818; Code 1932, § 3084; T.C.A. (orig. ed.), § 70-110.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-111 - County may permit or remove improvements

(a)
The county legislative body may authorize milldams, fish traps, and other local improvements and erections in watercourses in the county, and fix the rates of toll or charge, under the limitations, restrictions, and conditions deemed proper, and remove them when the public interests require.
(b)
The application for any of these purposes shall be by petition, in writing, stating the nature and object of the proposed improvement or erection, notice of which shall be given as prescribed in the case of toll bridges, ferries, and causeways.
(c)
The county legislative body shall be satisfied that the preliminary notice has been given before acting on the application, and may then decree as the public interests seem to require.
(d)
No milldam, fish trap, bridge, or other improvement shall be allowed so as to interrupt or in any way injure or impair the navigation of any navigable watercourse of the state.
Code 1858, §§ 1309-1312 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., §§ 1819-1822; Code 1932, §§ 3085-3088; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-111 -- 70-114.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-112 - Commissioners of watercourses

The county legislative body may, as often as necessary, appoint commissioners to:
(1)
Examine the watercourses in the county, to see that the local erections allowed in the watercourses are conformable to law, and that one fourth (1/4) of such watercourses, including the deepest portions, are left open for the free passage of fish;
(2)
Lay off slopes of dams when necessary, determining the time they shall be left open; and
(3)
Return a plan of the stream, and the falls, dams, and other erections on the stream, when deemed necessary.
Code 1858, § 1314 (deriv. Acts 1787, ch. 15, § 1; Shan., § 1826; Code 1932, § 3090; T.C.A., (orig. ed.), § 70-115.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-113 - Forfeiture for obstructing stream

Any person who obstructs for twenty-four (24) hours, in any way, that part of the stream directed to be left open, or fails to open slopes as the commissioners may judge necessary, forfeits twenty dollars ($20.00), one half (1/2) to go to the county, and the other one half (1/2) to any person suing for it.
Code 1858, § 1315 (deriv. Acts 1787, ch. 15, § 2); Shan., § 1827; Code 1932, § 3091; T.C.A. (orig. ed.), § 70-116.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-114 - Railroad drawbridges - Operation

(a)
Railroad companies in this state whose roads cross navigable watercourses in this state shall, upon signal being given by any steamboat for the opening of the draw of any railroad bridge, proceed immediately to open the draw and make ready for the passage of the boat; and as soon as the draw is open and ready, if in the nighttime, they shall hoist a large red light, not less than eight inches (8") in diameter, at least ten feet (10') above the tops of the gallows frame or gallow bitts of the draw; and they shall keep one (1) white light on each end of the draw as a signal that all is ready; and the light shall remain stationary until after the boat has passed.
(b)
Any railroad company failing so to do shall forfeit for each and every such failure the sum of one hundred dollars ($100), to be recovered before any court of competent jurisdiction, one half (1/2) to go to the informer, and the other one half (1/2) to the common school fund of the state.
Acts 1869-1870, ch. 89, §§ 1, 2; Shan., §§ 1828, 1829; Code 1932, §§ 3092, 3093; T.C.A. (orig. ed.), §§ 70-117, 70-118.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-115 - Damages caused by canalizing rivers

(a)
Counties lying contiguous to or bordering upon any navigable river or rivers that are improved and canalized by the United States government, by the construction and maintenance of locks and dams so as to render such river or rivers navigable to boats of ordinary tonnage, are empowered through their respective county legislative bodies to assume, provide for and pay any and all actual damages caused, or that may be occasioned by the construction and maintenance of such locks and dams to the contiguous land or lands.
(b)
For the payment of the respective owners of damage from overflow to their lands as authorized and provided in this section by the respective county legislative bodies of the counties in which such overflow causing the damage may exist, the respective county legislative bodies are empowered to pay such damages out of any moneys of the county not otherwise appropriated, or may levy a special tax for the damages upon the property and taxables in such county. Such damages may be assessed in the manner now authorized by law in condemnation cases of real estate.
Acts 1919, ch. 190, §§ 1, 2; Shan. Supp., §§ 1880a33, 1880a34; mod. Code 1932, §§ 3168, 3169; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-119, 70-120.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-116 - Eleemosynary institutions - Access to water

Orphan asylums, houses for destitute children, reformatory institutions, industrial schools, asylums for the insane, homes for confederate or federal soldiers, national homes for disabled volunteer soldiers, and all eleemosynary institutions of like class chartered or incorporated under the laws of the state of Tennessee, or of the United States congress, dependent for support upon the public, have the right to acquire, by purchase or donation, springs of water, flowing streams, and water rights of lower riparian owners; and, further, the right and power to acquire, by purchase, donation, or condemnation, the riparian rights of lower owners of land through which flows the water of springs so purchased or donated, to the flow of water from the springs, rights-of-way through the lands of intervening property owners, when necessary for the purpose of conveying water by means of pipes and conductors, and suitable site or sites for pumping stations and reservoirs, all so as to procure a sufficient supply of potable and wholesome water for such institutions.
Acts 1903, ch. 289, § 1; Shan., § 1880a28; mod. Code 1932, § 3164; T.C.A. (orig. ed.), § 70-121.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 1 - GENERAL PROVISIONS (§§ 69-1-101 — 69-1-117) › Section 69-1-117 - Impairing or obstructing navigability of watercourses - Permits

(a)
Without a permit issued by the department of environment and conservation, no person shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of impairing or obstructing the navigability of any river, lake, stream or watercourse located within the state. The navigability of any river, lake, stream or watercourse shall be limited to those adjudicated and held to be navigable in the technical or legal sense pursuant to this part. Further, any river, lake, stream or watercourse subject to the Rivers and Harbors Act (
33 U.S.C. § 401
et seq.), shall be exempt from the permit requirements of this section.
(b)
Consistent with state common law and statutory law on navigability, the commissioner of environment and conservation shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish and implement the permitting system required by subsection (a). Such rules shall establish procedures for obtaining such permits and shall delineate the circumstances, conditions, and limitations under which such permits may be issued. No permit shall be issued for any activity, practice, or project that would violate state common law or statutory law on the navigability of rivers, lakes, streams, and watercourses.
(c)
The department shall investigate each reported, suspected, or observed violation of subsection (a), as well as each reported, suspected, or observed violation of state navigability law. Whenever a violation is found to exist, the department shall undertake appropriate administrative and legal measures to cause the violation to cease.
(d)
A violation of subsection (a) is a Class A misdemeanor. A violation that continues into a successive day is regarded as a separate offense.
Acts 1986, ch. 818, § 1; 1989, ch. 591, § 1; 1992, ch. 693, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 2 - CORPS OF ENGINEERS WATER PROJECTS (§§ 69-1-201 — 69-1-202) › Section 69-1-201 - Immunity from damages - Exceptions

The state of Tennessee, its departments or agencies, or any governmental entity is hereby authorized, as required by the secretary of the army or the chief of engineers for projects for water resource development and conservation or other purposes, to agree to hold and save the United States free from damages due to the construction or operation and maintenance of such projects, except for damages due to the fault or negligence of the United States or its contractors.
Acts 1988, ch. 617, § 1.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 1 - WATERCOURSES (§§ 69-1-101 — 69-1-202) › Part 2 - CORPS OF ENGINEERS WATER PROJECTS (§§ 69-1-201 — 69-1-202) › Section 69-1-202 - "Governmental entity" defined

"Governmental entity" means any political subdivision of the state of Tennessee, including, but not limited to, any municipality, metropolitan government, county improvement district, drainage district, levee district or special district duly created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this section or by an act of the general assembly.
Acts 1988, ch. 617, § 2.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 2 - LANDING AND LOADING FACILITIES (§§ 69-2-101 — 69-2-108) › Section 69-2-101 - Acquisition and maintenance of facilities

(a)
The department of transportation, acting through the commissioner of transportation, is authorized to acquire by purchase, condemnation, construction or otherwise, and to maintain and operate any public facilities the commissioner may deem suitable for the loading and landing of cargo wherever state highways intersect or parallel any navigable waters within or bounding the state.
(b)
Such powers shall in no way interfere with present property rights of now existing ferry franchises.
Acts 1935, ch. 36, § 1; C. Supp. 1950, § 3252.1 (Williams, § 3260.1); impl. am. Acts 1959, ch. 9, § 3; impl. am Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-201.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 2 - LANDING AND LOADING FACILITIES (§§ 69-2-101 — 69-2-108) › Section 69-2-102 - Powers of commissioner

In the acquisition, maintenance, and operation of the facilities authorized under this chapter, the commissioner has all the powers conferred by and shall be subject to all the provisions contained in title 54, chapters 1-5 insofar as such powers and provisions may be applicable to the acquisition, maintenance, and operation of the facilities.
Acts 1935, ch. 36, § 2; C. Supp. 1950, § 3252.2 (Williams, § 3260.2); modified; T.C.A. (orig. ed.), § 70-202.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 2 - LANDING AND LOADING FACILITIES (§§ 69-2-101 — 69-2-108) › Section 69-2-103 - Rules and regulations

The commissioner is authorized to perform any and all acts and to make such rules and regulations as may be appropriate for the purpose of carrying this chapter into full force and effect. Any violation of the rules and regulations made by the commissioner is a Class C misdemeanor.
Acts 1935, ch. 36, § 3; C. Supp. 1950, § 3252.3 (Williams, §3260.3); T.C.A. (orig. ed.), § 70-203; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 2 - LANDING AND LOADING FACILITIES (§§ 69-2-101 — 69-2-108) › Section 69-2-104 - Transportation department employees - Duties

The commissioner may designate any employees of the department to perform services involved in the execution of this chapter, and such employees shall render such services without additional compensation.
Acts 1935, ch. 36, § 4; C. Supp. 1950, § 3252.4 (Williams, § 3260.4); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-204.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 2 - LANDING AND LOADING FACILITIES (§§ 69-2-101 — 69-2-108) › Section 69-2-105 - Funds

In order to carry out this chapter, the commissioner is authorized and directed to use, subject to the approval of the governor, any of the available funds set apart for the department that the commissioner deems appropriate for the funds, and such grants as may be made to the state of Tennessee by the United States or any agency, or instrumentality thereof or corporation owned thereby, for carrying out the purposes of this chapter.
Acts 1935, ch. 36, § 5; C. Supp. 1950, § 3252.5 (Williams, § 3260.5); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-205.