Title 68, Health, Safety and Environmental Protection

(a) All loan agreements entered into pursuant to this part shall be subject to approval by the commissioner of finance and administration and, as to form, by the attorney general and reporter. (b) All payments by the state pursuant to such agreements shall be made upon warrant by…

(1) In allocating loan funds to municipalities, the department shall give consideration to, and apply, the following standards and criteria:(1) The need and desirability for water to be supplied by the proposed waterworks construction;(2) The need for upgrading the quality of wat…

(a) The authority shall establish the monthly payment due from the municipality to the state necessary for the municipality to fund the project. (b) The municipality shall establish a water service fee and/or such ad valorem taxes as necessary to provide funds sufficient to pay t…

(a) Each municipality having entered into a loan agreement shall remit to the authority such amounts and at such times as shown in the amortization schedule established by the authority. (b) Such funds shall be placed in a special trust fund of the authority created to provide fo…

In the event the revenues of a waterworks project are insufficient to meet the payments as established by the authority, any county, metropolitan government, incorporated town or city may levy a tax on property sufficient to make such payments, which shall be in addition to all o…

(a) In the event any municipality, having entered into a loan agreement, shall fail to remit funds in accordance with the amortization schedule established by the authority, the commissioner of finance and administration shall deliver by certified mail a written notice of such fa…

The state, either through the authority or the department, shall have the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction, to require the municipality and the governing body and any proper officer, age…

Municipalities may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.

All action required or authorized to be taken under this part by the governing body of any municipality may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its ad…

(a) This part is in addition and supplemental to any other law providing for the financing of waterworks of municipalities, and shall not be deemed to amend or repeal any other law. (b) No proceedings by a municipality shall be required for loan agreements hereunder except such a…

Nothing in this part shall be construed as impairing the powers and duties of the Tennessee public utility commission with respect to special districts empowered to provide water services.

To the extent that a loan is made retroactively under this part for an eligible project that has been financed by other funds, such loan may be used by a municipality for any municipal water purpose.

This part shall be known and may be cited as the “Water and Wastewater Treatment Authority Act.”

(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 finan…

(1) 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 ob…

(a) A city, metropolitan, or county government may create a water or wastewater treatment authority in the manner provided in this part. (b) (1) The governing body of the creating governmental entity shall adopt, and its executive officer shall approve, a resolution to submit a p…

(a) (1) The governing body of the authority shall be a board of commissioners of five (5) persons appointed by the executive officer of the creating governmental entity and approved by its governing body.(2) The board of commissioners shall include a person of good standing and r…

(a) The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority, and who shall enter into a contract with the executive director establishing such director's salary and term of office. (b) (1) The executive director …

(a) An authority has all powers necessary to accomplish the purposes of this part (excluding the power to levy and collect taxes) including, but not limited to, the following:(1) Have perpetual succession, sue and be sued, and adopt a corporate seal;(2) Plan, establish, acquire, …

(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 must be uniform for the same class of customers or service and may represent the equi…

(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 such industrial users all or any part of the construction costs of such treatment works reasonably attribut…

(a) An authority has the power to condemn either the fee or such right, title, interest or easement in the property as the board may deem necessary 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…

(a) (1) The authority has the power to issue negotiable bonds from time to time in order to accomplish any of the purposes authorized by this part, and it also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governme…

(a) (1) Notwithstanding any other laws of this state or any of its political subdivisions, any authority which 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, up…

(1) The authority by action of its board may elect to come under the civil service plan of the creating governmental entity, to be administered by the civil service commission or board of such governmental entity; or may adopt its own civil service plan to be administered by the …

(1) Any creating governmental entity and any participating governmental entity has all necessary powers in order to further the purposes of this part, including, without limitation, the following, any or all of which powers may be exercised by resolution of its governing body, to…

(a) Whenever the governing bodies of the creating governmental entity and the participating governmental entities shall each, by resolution, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other oblig…

(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 such powers, and the limitations imposed by this part shall not affect such powers. (b) The powers herein granted may be exercised…

This part shall be liberally construed to effect the purposes hereof, and insofar as this part may be inconsistent with any other law, this part shall be controlling.

The members of the board of commissioners shall serve without compensation for their services, except that by resolution duly adopted by the board, each commissioner may receive a per diem payment for not more than six (6) meetings of the board in any calendar year at a rate not …

(a) (1) An authority shall not require a property owner who leases residential property, the property owner's agent, or a subsequent tenant of the property to pay or to guarantee the payment of charges, penalties, or other fees owed to the authority that were incurred by a former…

This part shall be known and may be cited as the “Tennessee Safe Drinking Water Act of 1983.”

Recognizing that the waters of the state are the property of the state and are held in public trust for the benefit of its citizens, it is declared that the people of the state are beneficiaries of this trust and have a right to both an adequate quantity and quality of drinking w…

(1) As used in this part, unless the context otherwise requires:(1) “Administrator” means the administrator of the United States environmental protection agency (EPA), or the administrator's designated representative;(2) “Board” means the Tennessee board of water quality, oil and…

(1) In the performance of its duties concerning safe drinking water, the board has the following duties and responsibilities, to:(1) Establish by rule or regulation such policies, requirements or standards governing the source, collection, distribution, purification, treatment an…

(1) In addition to any power, duty or responsibility given to the commissioner by other sections of the code, the commissioner has the following powers, duties and responsibilities to:(1) Exercise general supervision over the administration and enforcement of this part and all ru…

(a) (1) The department shall exercise general supervision over the construction of public water systems throughout the state.(2) Such general supervision shall include all of the features of construction of public water systems which do or may affect the sanitary quality or the q…

(a) The department shall exercise general supervision over the operation and maintenance of public water systems throughout the state. (b) Such general supervision shall include all the features of operation and maintenance which do or may affect the quality or quantity of the wa…

(a) Whenever a public water system is not in compliance with the current primary drinking water regulations, the supplier shall inform the division of such noncompliance as soon as practicable, but not later than twenty-four (24) hours after learning of the noncompliance. (b) The…

(a) If the quarterly analysis of a water sample from a public water system by a certified laboratory confirms that the level of fluoride in the sample exceeds one and one-half milligrams per liter (1.5 mg/L), the public water system from which the sample was taken must:(1) Obtain…

(a) The commissioner shall develop a plan for the provision of safe drinking water under emergency circumstances. (b) When, in the judgment of the commissioner, emergency circumstances exist in the state with respect to a need for safe drinking water, the commissioner may take su…

(1) The following acts are prohibited:(1) Failure by a supplier of water to comply with this part, any order issued hereunder, or the drinking water regulations;(2) Failure by a supplier of water to comply with the requirements of §§ 68-221-706 and 68-221-707 or the dissemination…

(a) (1) Whenever the commissioner has reason to believe that a violation of this part or regulations pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be delivered to the alleged violator or violators.(2) The comp…

(a) (1) Any person who violates or fails to comply with any provision of this part, any order of the commissioner or the board issued pursuant to this part or any rule, regulation or standard adopted pursuant to this part is subject to a civil penalty of not less than fifty dolla…

(a) The hearing on any petition for review of an order issued under § 68-221-712 or an assessment under § 68-221-713 shall be conducted as a contested case hearing and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless …

(a) The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part, the rules and regulations of the board or orders of the commi…