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§ 68-221-1101. Legislative Purpose

The purpose of this part is to facilitate compliance with the Water Quality Act of 1977, by municipalities which are affected by environmental protection agency (EPA) storm water regulations, particularly those arising from § 405 of the Water Quality Act of 1987, and § 402(p) of the Clean Water Act of 1977, regulating storm water […]

§ 68-221-1102. Part Definitions

As used in this part, unless the context otherwise requires: “Agricultural land” means land used for agriculture, as defined in § 1-3-105; “Construction” means the erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facilities; preliminary planning to determine the economic and engineering feasibility of storm water facilities; the engineering, architectural, legal, fiscal […]

§ 68-221-1103. Authorization of Storm Water Facilities or Flood Control Improvements by Municipality

The governing body of any municipality may authorize the construction, extension, enlargement, or acquisition of necessary storm water facilities or flood control improvements within its corporate boundaries. The improvements may include, but are not limited to, the extension, enlargement, construction, or acquisition of storm water facilities or flood control improvements; the widening, straightening, or relocating […]

§ 68-221-1104. Condemnation of Property

A municipality may condemn either the fee or such right, title, interest, or easement in property within its corporate boundaries 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 same is owned or held for public use by corporations, […]

§ 68-221-1105. Municipal Authority

In order to protect the public health, municipalities authorized to provide storm water and flood control facilities by this part are authorized by appropriate ordinance or resolution to: Exercise general regulation over the planning, location, construction, and operation and maintenance over storm water facilities in the municipality, whether owned and operated by the municipality or […]

§ 68-221-1106. Civil Penalty for Violation of Ordinance

A municipality may establish by ordinance or resolution that any person who violates any ordinance or resolution regulating storm water discharges or facilities shall be subject to a civil penalty of not less than fifty dollars ($50.00) or more than five thousand dollars ($5,000) per day for each day of violations. Each day of violation […]

§ 68-221-1107. Facilities User’s Fee

All municipalities constructing, operating, or maintaining storm water or flood control facilities are authorized to establish a graduated storm water user’s fee which may be assessed and collected from each user of the storm water facilities provided by the municipality. These fees shall be reasonable in amount and used exclusively by the municipality for purposes […]

§ 68-221-1108. Financing of Facilities

A municipal legislative body may finance storm water facilities under the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21. To protect the public health and to assure payment of bonds issued for storm water facilities, the municipality may by appropriate ordinance or resolution use the procedures set forth in §§ […]

§ 68-221-1110. Permit Conditions for Discharges

To the extent practicable, municipalities shall provide permit conditions for storm water discharges associated with industrial activities that are consistent with any permits issued pursuant to the National Pollution Discharge Elimination System (NPDES), unless the discharge contains hazardous substances in excess of reporting quantities, or the facility and the municipality are not in compliance with […]

§ 68-221-1111. Water Quality Regulation Authority Not Limited by This Part. [Contingent Amendment. See First Version of Section and the Compiler’s notes.]

Nothing herein shall be construed to limit the power or authority of the department of environment and conservation or of the Tennessee board of energy and natural resources with respect to regulation of the waters of the state. Any ordinances or regulations adopted or imposed by municipalities shall be subject to regulation and oversight by […]

§ 68-221-1111. Water Quality Regulation Authority Not Limited by This Part. [Contingent Amendment. See Second Version of Section and the Compiler’s notes.]

Nothing herein shall be construed to limit the power or authority of the department of environment and conservation or of the Tennessee board of water quality, oil and gas with respect to regulation of the waters of the state. Any ordinances or regulations adopted or imposed by municipalities shall be subject to regulation and oversight […]

§ 68-221-1112. Notice of Federally Mandated Charges

Any bill rendered as a result of this part shall contain the following statement with respect to the charges assessed under this part, which statement shall be printed in bold-faced type: “THIS FEE HAS BEEN MANDATED BY CONGRESS.”

§ 68-221-1113. Annual Report to State Legislative Delegation

The chief administrative officer of the agency or entity responsible for implementing this part or such officer’s designated representative shall report annually and personally to the legislative delegation of any municipality to which this section applies on the storm water management program for which such officer is responsible. Such report shall include, at a minimum, […]