Tennessee § 68-221-102 - Supervision over construction of water supply and sewerage systems — Certification of local standards.

§ 68-221-102. Supervision over construction of water supply and sewerage systems — Certification of local standards.

The department shall exercise general supervision over the construction of public water supplies and public sewerage systems throughout the state. Such general supervision shall include all of the features of construction of waterworks systems which do or may affect the sanitary quality of the water supply and all features of construction of sewerage systems which do or may affect the proper collection, treatment or disposal of sewage. No new construction shall be done, nor shall any change be made in any public water supply or public sewerage system, until the plans for such new construction or change have been submitted to and approved by the department. No public sewerage system using land application or treatment shall be approved or certified by the commissioner which proposes to use land having a water table at an elevation which would preclude adequate treatment of the wastewater and which may result in surface or ground water pollution as provided in title 69, chapter 3, part 1. In granting approval of such plans, the department may specify such modifications, conditions and regulations as may be required for the protection of the public health. The department is authorized to investigate the public water supplies and public sewerage systems throughout the state as often as is deemed necessary by the commissioner. The department is empowered to adopt and enforce rules and regulations governing the construction of public water supply and public sewerage systems, and may require the submission of samples of water or sewage for examination. Records of construction including plans and descriptions of existing works shall be made available to the department upon request. The person in charge of the public water supply or public sewerage system shall promptly comply with such request. The department is authorized to operate a program for the certification of laboratories to perform analyses of water and wastewater. Any unit of local government which imposes standards and requirements for the construction of public water supply and sewerage systems may apply to the commissioner for the commissioner's certification that the locally imposed standards and requirements are at least as sufficient to protect the public health as those of the department. After certification, submission of plans to and approval by the local government for construction and changes in public water supplies and sewerage systems shall be sufficient in lieu of approval by the department as otherwise required by this section. The commissioner may periodically review the local standards and requirements and prescribe changes upon which continued certification may be conditioned. Acts 1945, ch. 52, § 2; C. Supp. 1950, § 5826.2; Acts 1977, ch. 58, § 1; 1978, ch. 681, § 1; 1981, ch. 208, § 1; T.C.A., (orig. ed.), §§ 53-2002, 68-13-102. Compiler's Notes. Former title 68, ch. 13, parts 1-10 were transferred to title 68, ch. 221, parts 1-10, respectively, in 1992. See the parallel reference table in § 68-221-101 for the former and new section locations. Cross-References. Advisory functions of department, § 4-3-1803 . Textbooks. Tennessee Jurisprudence, 25 Tenn. Juris., Water Companies and Waterworks, § 5. Law Reviews. Tennessee Water Law, You Never Miss the Water Til the Well Runs Dry (Vincent A. Sikora), 24 Tenn. B.J. 12 (1988). Collateral References. Liability of governmental entity for issuance of permit for construction which caused or accelerated flooding. 62 A.L.R.3d 514.