Part 1 General Provisions 40-7-101 – 40-7-124
Part 2 Uniform Law On Fresh Pursuit 40-7-201 – 40-7-205

Terms Used In Tennessee Code > Title 40 > Chapter 7 - Arrest

  • Administrator: means the administrator, or head by whatever name, of the United States environmental protection agency. See Tennessee Code 69-3-103
  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Animal feeding operation: means a lot or facility, other than an aquatic animal production facility, where the following conditions are met:
    (A) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period. See Tennessee Code 69-3-103
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Board: means the board of water quality, oil and gas, created in §. See Tennessee Code 69-3-103
  • Boat: means any vessel or watercraft moved by oars, paddles, sails or other power mechanism, inboard or outboard, or any vessel or structure floating upon the water whether or not capable of self-locomotion, including, but not limited to, houseboats, barges, docks, and similar floating objects. See Tennessee Code 69-3-103
  • Bonds: means bonds or interim certificates issued pending preparation or delivery of definitive bonds of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
  • Commissioner: means the commissioner of environment and conservation or the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 69-3-103
  • Construction: means any placement, assembly, or installation of facilities or equipment, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises. See Tennessee Code 69-3-103
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of environment and conservation. See Tennessee Code 69-3-103
  • Director: means the director of the division of water management of the department. See Tennessee Code 69-3-103
  • discharge: when used without qualification, each refer to the addition of pollutants to waters from a source. See Tennessee Code 69-3-103
  • Division: means the division of water management. See Tennessee Code 69-3-103
  • Effluent limitation: means any restriction, established by the board or the commissioner, on quantities, rates and concentrations of chemical, physical, biological, and other constituents that are discharged into waters or adjacent to waters. See Tennessee Code 69-3-103
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Forestry best management practices: means those land and water resource conservation measures that prevent, limit, or eliminate water pollution for forest resource management purposes, as provided in rules promulgated in this part in accordance with §. See Tennessee Code 69-3-103
  • Fresh pursuit: includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. See Tennessee Code 40-7-202
  • Governing body: means the legislative body of any local government of this state or any other authority charged with the governing of the affairs of any local government in this state. See Tennessee Code 9-21-105
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Industrial user: means those industries identified in the standard industrial classification manual, bureau of the budget, 1967, as amended and supplemented, under the category "Division D - Manufacturing" and such other classes of significant waste producers as the board or commissioner deems appropriate. See Tennessee Code 69-3-103
  • Industrial wastes: means any liquid, solid, or gaseous substance, or combination thereof, or form of energy including heat, resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource. See Tennessee Code 69-3-103
  • Law: means any act or statute, general, special or local, of this state, including, but not limited to, any local government charter. See Tennessee Code 9-21-105
  • Liquid waste management system: means a waste management system that collects, stores, or land applies manure in a liquid, flowable form. See Tennessee Code 69-3-103
  • Local administrative officer: means the chief administrative officer of a pretreatment agency that has adopted and implemented an approved pretreatment program pursuant to this part and 33 U. See Tennessee Code 69-3-103
  • Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
  • Local hearing authority: means the administrative board created pursuant to an approved pretreatment program that is responsible for the administration and enforcement of that program and §. See Tennessee Code 69-3-103
  • Member: means a member of the board of water quality, oil and gas. See Tennessee Code 69-3-103
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Municipal separate storm sewer system: means a municipal separate storm sewer system as defined in the Clean Water Act (33 U. See Tennessee Code 69-3-103
  • Notes: means notes or interim certificates issued pending preparation or delivery of definitive notes of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
  • Obligate lotic aquatic organisms: means organisms that require flowing water for all or almost all of the aquatic phase of their life cycles. See Tennessee Code 69-3-103
  • Obligations: means bonds, notes and any other evidence of indebtedness lawfully issued or assumed by a local government. See Tennessee Code 9-21-105
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Other wastes: means any and all other substances or forms of energy, with the exception of sewage and industrial wastes, including, but not limited to, decayed wood, sand, garbage, silt, municipal refuse, sawdust, shavings, bark, lime, ashes, offal, oil, hazardous materials, tar, sludge, or other petroleum byproducts, radioactive material, chemicals, heated substances, dredged spoil, solid waste, incinerator residue, sewage sludge, munitions, biological materials, wrecked and discarded equipment, rock, and cellar dirt. See Tennessee Code 69-3-103
  • Owner or operator: means any person who owns, leases, operates, controls, or supervises a source. See Tennessee Code 69-3-103
  • Person: means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country. See Tennessee Code 69-3-103
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pollutant: means sewage, industrial wastes, or other wastes. See Tennessee Code 69-3-103
  • Pollution: means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of the waters of this state, including, but not limited to, changes in temperature, taste, color, turbidity, or odor of the waters that will:
    (A) Result or will likely result in harm, potential harm or detriment to the public health, safety, or welfare. See Tennessee Code 69-3-103
  • Pretreatment agency: means the owner of a publicly owned treatment works permitted pursuant to this part that is required by its permit to adopt and enforce an approved pretreatment program that complies with this part and 33 U. See Tennessee Code 69-3-103
  • Pretreatment program: means the rules, regulations, and/or ordinances of a pretreatment agency regulating the discharge and treatment of industrial waste that complies with this part and 33 U. See Tennessee Code 69-3-103
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public works project: includes any one (1) or any combination of the following: acquisitions of land for the purpose of providing or preserving open land. See Tennessee Code 9-21-105
  • Qualified local program: means a municipal separate storm sewer system that has been approved as such by the department pursuant to this part. See Tennessee Code 69-3-103
  • Quorum: The number of legislators that must be present to do business.
  • Refunding bonds: means bonds issued to refund all or any part of bonds, notes or other obligations, except notes issued in anticipation of bonds, heretofore or hereafter issued or lawfully assumed by a local government pursuant to this chapter, or any other provision of this code or any other general or special law. See Tennessee Code 9-21-105
  • Regional administrator: means the regional administrator of the United States environmental protection agency whose region includes Tennessee, or any person succeeding to the duties of this official. See Tennessee Code 69-3-103
  • Revenues: means all fees, rents, tolls, rates, rentals, interest earnings, or other charges received or receivable by the local government from any public works project or enterprise then existing or thereafter to be constructed, including any revenues derived or to be derived by a local government from a lease, agreement or contract with any other local government, local government instrumentality, the state, or a state or federal agency for the use of or in connection with a public works project or enterprise, or all other charges to be levied and collected in connection with and all other income and receipts of whatever kind or character derived by the local government from the operation of any public works project or enterprise or arising from any public works project or enterprise. See Tennessee Code 9-21-105
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Schedules of compliance: means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, condition of a permit, other limitation, prohibition, standard, or regulation. See Tennessee Code 69-3-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sewage: means water-carried waste or discharges from human beings or animals, from residences, public or private buildings, or industrial establishments, or boats, together with such other wastes and ground, surface, storm, or other water as may be present. See Tennessee Code 69-3-103
  • Sewerage system: means the conduits, sewers, and all devices and appurtenances by means of which sewage and other waste is collected, pumped, treated, or disposed. See Tennessee Code 69-3-103
  • Silvicultural activities: means those forest management activities associated with the harvesting of timber and including, without limitation, the construction of roads and trails. See Tennessee Code 69-3-103
  • Source: means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of pollutants. See Tennessee Code 69-3-103
  • Standard of performance: means a standard for the control of the discharge of pollutants that reflects the greatest degree of effluent reduction that the commissioner determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. See Tennessee Code 69-3-103
  • State: includes the District of Columbia. See Tennessee Code 40-7-202
  • State: means the state of Tennessee. See Tennessee Code 9-21-105
  • Statute: A law passed by a legislature.
  • Stop work order: means an order issued by the commissioner of environment and conservation requiring the operator to immediately cease part or all silvicultural activities. See Tennessee Code 69-3-103
  • Stream: means a surface water that is not a wet weather conveyance. See Tennessee Code 69-3-103
  • 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. See Tennessee Code 69-3-202
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Variance: means an authorization issued to a person by the commissioner that would allow that person to cause a water quality standard to be exceeded for a limited time period without changing the standard. See Tennessee Code 69-3-103
  • Waters: means any and all water, public or private, on or beneath the surface of the ground, that are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface or underground waters. See Tennessee Code 69-3-103
  • Wet weather conveyance: means , notwithstanding any other law or rule to the contrary, man-made or natural watercourses, including natural watercourses that have been modified by channelization:
    (A) That flow only in direct response to precipitation runoff in their immediate locality. See Tennessee Code 69-3-103
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.