(a)

Terms Used In Tennessee Code 68-221-809

  • Construction: means the erection, acquisition, alteration, reconstruction, improvement or extension of wastewater treatment works, including preliminary planning to determine the economic and engineering feasibility of wastewater treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, procedures and other similar action necessary in the building of wastewater treatment works, and the inspection and supervision of the construction of wastewater treatment works. See Tennessee Code 68-221-803
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-803
  • Municipality: means any utility district existing on July 1, 1984, county, incorporated town or city, or metropolitan government which has authority to administer a wastewater treatment works, or any combination of two (2) or more of the foregoing acting jointly to construct a wastewater treatment works. See Tennessee Code 68-221-803
  • Value engineering: is a specialized cost control technique which uses a systematic and creative approach to identify and focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project. See Tennessee Code 68-221-803
  • Wastewater treatment works: means any facility whose purpose is to store, treat, neutralize, stabilize, recycle, reclaim or dispose of municipal wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes. See Tennessee Code 68-221-803
(1) The department shall promulgate rules and regulations to assure selection of appropriate technology, cost effective design, and use of value engineering in the construction of wastewater treatment works, and also to establish a peer review system for review of construction projects prior to any grants being made pursuant to this part.
(2) Such peer review system shall be eligible for funding under this part.
(b)

(1)

(A) The department shall adopt rules and regulations to assure that municipalities receiving grants pursuant to this part adopt and maintain user rate structures that will fund operation, maintenance, principal and interest obligations and an adequate depreciation account to replace the cost of the wastewater treatment works over its useful life based upon the straight line method of accounting.
(B) Useful life and straight line method shall be determined in accordance with 26 U.S.C. § 167 and 26 C.F.R. § 1.167 (a)-1 et seq.
(2) A municipality aggrieved by action taken pursuant to this subsection (b), or regulations promulgated pursuant to it, may seek relief in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
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