Title 69, Waters, Waterways, Drains And Levees

Any net increase in expenditures after subtracting out net gains from penalties and damage payments received by a local governmental entity pursuant to §§ 69-3-123 — 69-3-129 shall be borne equally by the local governmental entity and by the department. The local governmental ent…

All damages or penalties, or both, assessed and collected under §§ 69-3-123 — 69-3-128 shall be placed in a special fund by the pretreatment agency and allocated and appropriated to the pretreatment agency for the administration of its pretreatment program.

(a) (1) Ditch construction, the purpose of which is either to:(A) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or(B) Restore swamped-out cropland to cropland or to bottomland hardwoods;is permitted in any waters of this state, under general permit and without…

The board shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which rules and regulations shall govern the manner in which emergency repairs made in accordance with § 69-3-108(n) must be made. The departmen…

There is hereby created an advisory committee to the division of water pollution control to advise and assist the division on procedures and policies concerning the application of this part to the removal of debris from streams and stabilization of stream banks. The members of th…

When certain silvicultural activities have polluted waters of the state as a result of an operator's failure or refusal to use forestry best management practices, the commissioner of environment and conservation may issue a stop work order to the operator. If the owner is differe…

(1) No operator who at any time within the previous two (2) years has been found to have violated this part in the conduct of silvicultural activities, such finding of violation not having been overturned or reversed on appeal, shall start any silvicultural activities, unless the…

A written request for a hearing before the board of water quality, oil and gas on the stop work order must be filed by the operator with the commissioner of environment and conservation within thirty (30) days of receipt of notice. If a hearing is requested, the operator shall al…

Failure of an operator to give the notice required by § 69-3-134 or to comply with a stop work order issued pursuant to §§ 69-3-133 and 69-3-135 shall subject the operator to the penalties in § 69-3-115(a)(1)(E).

(a) The department of environment and conservation and the department of agriculture shall devise a form to be used to notify the departments of a situation in which a person alleges that pollution has resulted or will result from a forestry operation that may have violated the W…

(a) (1) Whenever a person contracts in writing with a master logger to conduct any type of timber harvesting on the person's property, the master logger shall assume sole liability for compliance with this chapter for a period of one (1) year after the timber harvest is completed…

(a) The commissioner is authorized to issue stop work orders for coal surface mining operations in accordance with subsections (b) and (c). (b) When certain coal surface mining activities have polluted waters of the state as a result of an operator's failure or refusal to comply …

(a) (1) In collecting water samples drawn to test the water quality of the Pigeon River at the time the river enters Tennessee from Haywood County, North Carolina, the department shall draw samples from the river within one-quarter (¼) mile of the border separating Tennessee and …

(a) The general assembly finds and adopts as a matter of public policy, the following statements:(1) The permitting process under this chapter should be a predictable, ordinary process for the benefit of the commissioner and permit applicants alike;(2) As with all governmental re…

(a) The commissioner shall submit by January 31 of each year to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives the following information:(1) The nu…

Sections 69-3-143 — 69-3-147 shall govern rock harvesting operations as defined in § 69-3-144.

(1) As used in §§ 69-3-143 — 69-3-147, unless the context otherwise requires:(1) As used for the purposes of rock harvesting under §§ 69-3-143 — 69-3-147 only, “mineral” means dimension stone, flagstone, fieldstone, landscaping stone, drystack stone, façade and marble, but does n…

(a) No operator shall engage in rock harvesting without having first obtained from the commissioner a permit or notice of coverage under a general permit as required in § 69-3-108 and the regulations promulgated pursuant thereto. At least thirty (30) days prior to engaging in roc…

(a) The commissioner is authorized to issue stop-work orders for rock harvesting operations in accordance with this section. (b) When rock harvesting activities have polluted waters of the state as a result of an operator's knowing violation of permit conditions, or an operator h…

Except where a specific provision of §§ 69-3-143 — 69-3-147 is applicable, rock harvesting is subject to and shall be governed by this part.

(a) The department may establish a program under which municipal separate storm sewer systems may become qualified local programs allowing for the streamlining of permits for construction activity as provided in this section. (b) The department may review and approve applications…

The department of environment and conservation is hereby directed to conduct a stream mapping project in the Red River and Barren River watersheds of Sumner County.

As used in this part, unless the context otherwise requires, “stream mapping” means the collection and analysis of water samples along streams that normally exhibit water flow at least six (6) consecutive months per year within a given area.

(1) Water samples collected pursuant to this part shall be collected according to each of the following guidelines:(1) At distances along each of the streams in the Red River and Barren River watersheds in Sumner County of no greater than three (3) miles from the previous sample …

Samples collected pursuant to this part shall each be analyzed for pH, ammonia, and biological oxygen demand (BOD) in accordance with the guidelines set forth by the environmental protection agency.

All director's and commissioner's orders and all other enforcement actions and outcomes, shall be published weekly in their entirety in one (1) location on the department's website.

Final orders by the board or an administrative judge shall be published on the department website within five (5) business days, in addition to other publication required by law.

Notices of intent to appeal shall be published on the department website within three (3) business days of receipt, but no later than fourteen (14) days prior to the date the appeal or agreed order will be heard by the board, in addition to other publication required by law.

The county legislative bodies of the several counties, within the limits of which are lands rendered unfit for occupation and farming purposes by reason of the overflowing of the lands in times of high water in the rivers adjacent to the lands, may issue bonds pursuant to title 9…

The county legislative body of the county issuing the bonds shall appoint not less than three (3) nor more than five (5) persons to superintend the construction of the levee, who shall be denominated “the levee commissioners,” and who shall, before entering upon their duties, tak…

The levee commissioners shall employ a competent engineer to assist them in the location and construction of such levee, and shall have power to let out contracts for the work.

(a) The commissioners may take the real estate of any person, not exceeding the amount necessary for the construction and maintenance of the levee, by petition filed in the circuit court of the county in which the land lies, setting forth in substance:(1) The land wanted;(2) The …

Sections 29-16-106, 29-16-108, 29-16-109, 29-16-112, 29-16-113, 29-16-117 — 29-16-119, and 29-16-121 shall apply to and be taken and construed as parts of this chapter, insofar as they are applicable to the purposes of this chapter.

(a) The commissioners provided for in § 69-4-103 are authorized to accept subscriptions of either money or property for the use of the county appointing them, and they may receive subscriptions, in this manner, of land lying in other counties, and take deeds to the land as truste…

(a) Any county that has legally incurred, or may hereafter incur, a bonded indebtedness for the purpose of constructing or aiding in the construction of a levee or levees or drainage to reclaim and improve the low, wet, and overflowed lands within the county or in the state, wher…

(a) Where a proposed or desired improvement will require a location in more than one (1) county, applications by petition shall be made to the county court of each of the counties as provided by part 1 of this chapter for applications where the improvement to be made lies wholly …

(a) When the viewers have so reported, each of the county courts shall proceed as provided in other cases in parts 1 and 2 of this chapter until the point is reached to appoint commissioners to make assessments and apportion them as to the lands affected, when the county court of…

In cases of districts so lying in more than one (1) county, the board of directors of such districts shall consist of one (1) member from each county, to be appointed by the county court of such county, and the county mayor of each of the counties shall be a member of such board …

The county courts have the same right to remove the viewers, commissioners, and directors appointed by such court, and to appoint others in their stead, and to fill vacancies that the county courts have where such improvement district lies wholly in one (1) county.

The county mayor of the county in which the larger or largest percent of the lands of such improvement district lies shall be chair of such board of directors, with authority to call meetings of the board. The board shall elect one (1) of the appointed directors secretary and tre…

The engineer of such district shall show in the engineer's report upon the map of the district the location of the line or lines between counties, and show clearly what tracts of land within such district lie in each of the counties of the district.

The county court of any county is vested with the jurisdiction and authority at any regular, special, or adjourned session to establish a drainage district or districts, and to locate and establish levees, and cause to be constructed, as provided in this chapter, any levee, ditch…

The court vested with the judicial jurisdiction and authority in this chapter is the circuit court, unless provided otherwise by public, private, local, or special act of the general assembly.

Before any county court establishes a drainage or levee district, or any levee, ditch, drain, or watercourse improvement, as provided for in this chapter, a petition, signed as prescribed in § 69-5-104, shall be filed in the office of the county clerk of the county in which the i…

The petition shall be signed by persons who own a majority of the acreage to be included in the proposed district.

The petitioners for the proposed district are authorized to employ counsel or attorneys to assist in filing the petition and in all preliminary matters necessary in having such district established, and attending to the matters thereof, so far as may be necessary and so far as th…