Title 68, Health, Safety and Environmental Protection

(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…

(1) The department may adopt rules and regulations necessary for the effective administration of this part, including, but not limited to, the submission of plans, the procedures to be followed in applying for loans, and for enforcing agreements entered into by municipalities wit…

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) The state may enter into agreements with municipalities, and any municipality may enter into an agreement with the state for loans herein provided, subject, however, to any existing contractual obligations of the municipality. (b) Any loan agreement may include such provision…

The authority has the right to enter into such further agreements with a municipality and require such further guarantees or securities as it may see fit prior to, or simultaneously with, the issuance of bonds, or to refuse to issue such bonds until such agreements or securities,…

(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 …