Title 68, Health, Safety and Environmental Protection

(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 e…

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.

The members of the board of commissioners may receive compensation for their services and shall receive per diem or reimbursement for necessary expenses.

(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 w…

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.

(1) As used in this part:(1) “Department” means the department of environment and conservation;(2) “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 …

(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 applicati…

(1) Upon at least fifty percent (50%) of the units within a development being issued a certificate of use and occupancy:(1) The local government for the jurisdiction where the treatment works is or will be installed shall require the developer to obtain and file a reasonable perf…

(a) All treatment works constructed under this part must:(1) Comply with applicable federal and state laws, rules, and regulations; and(2) Be systems approved by the department and installed in accordance with approved design and construction plans. (1) Comply with applicable fed…

This part does not apply in counties having a population of not less than three hundred sixty-six thousand two hundred (366,200) nor more than three hundred sixty-six thousand three hundred (366,300), according to the 2020 federal census or any subsequent federal census.

(1) As used in this part, unless the context otherwise requires:(1) “Authority” means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor;(2) “Construction” means the erection, building, acquisition, alteration, reconstruct…

(a) The state of Tennessee is authorized to make repayable grants to any municipality to assist the municipality in the construction of sewage treatment works. Such loans shall be made from the proceeds of bonds or notes issued by the authority for the purpose of making such loan…

(a) In allocating state grants under this part, the department shall give consideration to, and apply, the similar standards, criteria and measures of eligibility as prescribed by this part and the rules of the department. (b) Eligibility to receive federal funds shall not be a c…

(a) The state of Tennessee may enter into contracts with municipalities, and any such municipality may enter into a contract with the state, concerning eligible projects. Any such contract may include such provisions as may be agreed upon by the parties thereto, and shall include…

There is authorized to be established in the general fund of the state treasury an account to be known as the sewage treatment works construction account; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may esta…

There are authorized to be appropriated to the department such funds as the general assembly may appropriate to enable the department to carry out its functions under this part.

(a) All municipalities receiving grants from the state under this part shall establish a graduated sewer user's fee on each user of the sanitary sewers provided by the municipality. The municipality providing such a service shall bill and collect the fee from users of the service…

(a) In order to protect the public health and in order to assure the payment of bonds issued for sewage treatment works, the municipality is authorized by appropriate resolution to:(1) (A) Require the owner, tenant or occupant of each lot or parcel of land which abuts upon a stre…

(a) The municipality collecting the user's fee shall have the authority to fix, levy and collect fees, rents, tolls or other charges in an amount necessary to provide for the maintenance and operation of sewage treatment works and payment of any indebtedness. (b) This authority s…

(a) Each municipality having entered into a contract with the state pursuant to this part shall remit to the authority such amounts and at such times as shown in the repayment schedule to be placed in a special trust fund created to provide for the payment of the principal of and…

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

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

(a) This part shall be in addition and supplemental to any other law providing for the financing of sewage treatment works of local governments, and shall not be deemed to amend or repeal any other law. (b) No proceedings by a local government shall be required for loan agreement…

The department of environment and conservation is authorized to establish a grant program to further the purposes of parts 10 and 12 of this chapter utilizing federal funds allocated and state funds appropriated for such purposes. Eligible recipients of grants awarded pursuant to…

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 commission…

(1) In order to minimize the possibility of endangering the health and welfare of the public and/or the development of esthetically offensive conditions, subsurface sewage disposal systems shall be so located, constructed and maintained that wastes discharged to or from such syst…

(1) For the purposes of this part and subsequent regulations and standards, the following words and phrases have the following meanings, unless the context otherwise requires:(1) “Accessory buildings” means subordinate structures on the same lot as a principal single-family dwell…

(a) It is the duty of the commissioner to:(1) Exercise general supervision over the planning, location, construction, operation and maintenance of subsurface sewage disposal systems;(2) Adopt and promulgate rules and regulations as the commissioner deems necessary to accomplish t…

The commissioner may develop a program for the evaluation of new technologies for use in subsurface sewage disposal systems. In the program, the commissioner shall first evaluate written documentation and the available studies and literature for such products. If the commissioner…

It is the duty of the owner or occupant of the property to give the commissioner free access to the property at reasonable times for the purpose of making such inspections or investigations as are necessary to determine compliance with the requirements of this part and rules and …

(a) It is unlawful for any person to:(1) Begin construction or construct any house or establishment, mobile or permanent, to be served by a subsurface sewage disposal system prior to approval of plans for the proposed location of the house or establishment and location of disposa…

No proposed subdivision shall be approved by a local planning commission or other agency authorized to approve subdivisions until the plans for such subdivisions have been approved by the commissioner.

(a) Any person proposing to construct, alter, extend or repair subsurface sewage disposal systems, or engage in the business of removing accumulated wastes from such systems, shall secure a permit from the commissioner, in accordance with this part and rules and regulations promu…

(a) (1) Any person whose subdivision plan has been disapproved or whose application for a subsurface sewage disposal system permit has been denied under this part and the rules and regulations promulgated pursuant to this part, may request in writing that a variance be granted by…

In any case where a provision of this part is found to be in conflict with a provision of any private or public act or local ordinances or code existing May 4, 1973, the provision which establishes the higher standard for the promotion and protection of the health and safety of t…

(a) The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any provision of this part or any rule or regulation promulgated pursuant to this part. (b) It is the duty of the district attorney …

(a) (1) Except as provided in subdivision (a)(2), a violation of this part or rules promulgated pursuant to this part is a Class C misdemeanor.(2) (A) An offense under § 68-221-406(a)(7) involving the unlawful disposal of sewage or effluent from a subsurface sewage disposal syste…

(a) Any person who intends to construct or locate a house or establishment, mobile or permanent, shall furnish evidence to the deputy electrical inspector under contract with the department of commerce and insurance, that:(1) The house or establishment is served by a public sewer…

(a) The department of environment and conservation is directed to coordinate a pilot project study of advanced treatment systems (ATS) over a two-year period. For purposes of §§ 68-221-415 — 68-221-417, ATS are defined as those waste water treatment systems that have been certifi…

(1) All ATS installed are subject to the following requirements:(1) A technician certified by the manufacturer shall install or personally supervise the installation of each ATS and associated field lines. Once an ATS is installed pursuant to § 68-221-415 and this section, the ow…

Failure of a property owner to conduct operation and maintenance as required by §§ 68-221-415 and 68-221-416 or to maintain an operation and maintenance contract for an ATS shall constitute an offense punishable as a Class C misdemeanor.

(a) Notwithstanding any provision of the law to the contrary, no county government official may require a homeowner or the department to conduct any excavation of a pre-existing subsurface sewage disposal system prior to issuing any county permit or license for rebuilding, remode…

(a) Any water and wastewater treatment authority that is created by a county legislative body pursuant to part 6 of this chapter, subject to approval by the county legislative body, may enact a regulation that creates requirements for the installation and operation of advanced tr…

This part shall be known and may be cited as the “Waterworks Construction Loan Act of 1974.”

(1) As used in this part, unless the context otherwise requires:(1) “Authority” means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor;(2) “Construction” means the erection, building, acquisition, alteration, reconstruct…

(a) (1) The state is authorized to make loans to any municipality for the construction of waterworks.(2) Such loans shall be made from the proceeds of bonds or notes issued by the authority for the purpose of making such loans.(3) The authority shall establish the repayment sched…