(a) If the developer of a subdivision or other neighborhood proposes to construct a treatment works for use by the subdivision or neighborhood, and the design and construction of the treatment works has been approved by the department, then the developer shall submit an application to the utility serving the area in which the system is located requesting that the utility:(1) Agree to assume operational responsibility and ownership of the treatment works in writing within thirty (30) days of the receipt of the application by the utility and approve the engineered plans for the treatment works within ninety (90) days; or(2) (A) Refuse to own and operate the treatment works. If the utility refuses to own and operate the treatment works pursuant to this subdivision (a)(2), then the utility shall provide written notice of the refusal to:(i) The developer within thirty (30) days of receipt of the application. A utility's failure to respond to the application within thirty (30) days of receipt is a refusal to own or operate the treatment works; and(ii) The Tennessee board of utility regulation, created by § 7-82-701, within seven (7) business days of the refusal. Upon providing notice pursuant to this subdivision (a)(2)(A)(ii), the utility is released from any future operational responsibility and ownership rights for the treatment works, unless the utility subsequently chooses to assume operational responsibilities and ownership rights pursuant to subsection (c).(B) A utility that refuses to own and operate a treatment works pursuant to this subdivision (a)(2) shall not restrict the availability of services provided by the utility based on the utility's refusal to own or operate the treatment works.
(1) Agree to assume operational responsibility and ownership of the treatment works in writing within thirty (30) days of the receipt of the application by the utility and approve the engineered plans for the treatment works within ninety (90) days; or
(2) (A) Refuse to own and operate the treatment works. If the utility refuses to own and operate the treatment works pursuant to this subdivision (a)(2), then the utility shall provide written notice of the refusal to:(i) The developer within thirty (30) days of receipt of the application. A utility's failure to respond to the application within thirty (30) days of receipt is a refusal to own or operate the treatment works; and(ii) The Tennessee board of utility regulation, created by § 7-82-701, within seven (7) business days of the refusal. Upon providing notice pursuant to this subdivision (a)(2)(A)(ii), the utility is released from any future operational responsibility and ownership rights for the treatment works, unless the utility subsequently chooses to assume operational responsibilities and ownership rights pursuant to subsection (c).(B) A utility that refuses to own and operate a treatment works pursuant to this subdivision (a)(2) shall not restrict the availability of services provided by the utility based on the utility's refusal to own or operate the treatment works.
(A) Refuse to own and operate the treatment works. If the utility refuses to own and operate the treatment works pursuant to this subdivision (a)(2), then the utility shall provide written notice of the refusal to:(i) The developer within thirty (30) days of receipt of the application. A utility's failure to respond to the application within thirty (30) days of receipt is a refusal to own or operate the treatment works; and(ii) The Tennessee board of utility regulation, created by § 7-82-701, within seven (7) business days of the refusal. Upon providing notice pursuant to this subdivision (a)(2)(A)(ii), the utility is released from any future operational responsibility and ownership rights for the treatment works, unless the utility subsequently chooses to assume operational responsibilities and ownership rights pursuant to subsection (c).
(i) The developer within thirty (30) days of receipt of the application. A utility's failure to respond to the application within thirty (30) days of receipt is a refusal to own or operate the treatment works; and
(ii) The Tennessee board of utility regulation, created by § 7-82-701, within seven (7) business days of the refusal. Upon providing notice pursuant to this subdivision (a)(2)(A)(ii), the utility is released from any future operational responsibility and ownership rights for the treatment works, unless the utility subsequently chooses to assume operational responsibilities and ownership rights pursuant to subsection (c).
(B) A utility that refuses to own and operate a treatment works pursuant to this subdivision (a)(2) shall not restrict the availability of services provided by the utility based on the utility's refusal to own or operate the treatment works.
(b) If a developer receives written notice of the utility's refusal to own and operate the treatment works under subdivision (a)(2)(A)(i), or if the utility fails to respond to the application within thirty (30) days of receipt, then the developer may contract with another utility for ownership and operation of the treatment works.
(c) Notwithstanding subsection (b), or any contract entered into between the developer and another utility, the utility to which the initial application for approval was submitted may negotiate with the current owner and operator of the treatment works to allow the utility to assume operational responsibilities and ownership rights to the treatment works for up to two (2) years after the date that the utility received the application under subsection (a).