Part 1 General Provisions (§§ 68-221-101 — 68-221-109) 68-221-101 – 68-221-109
Part 2 Construction of Sewage Treatment Works (§§ 68-221-201 — 68-221-214) 68-221-201 – 68-221-214
Part 3 Reserved (§§ 68-221-301 — 68-221-302) 68-221-301 – 68-221-302
Part 4 Subsurface Sewage Disposal Systems (§§ 68-221-401 — 68-221-419) 68-221-401 – 68-221-419
Part 5 Waterworks Construction Loan Act of 1974 (§§ 68-221-501 — 68-221-519) 68-221-501 – 68-221-519
Part 6 Water and Wastewater Treatment Authority Act (§§ 68-221-601 — 68-221-620) 68-221-601 – 68-221-620
Part 7 Tennessee Safe Drinking Water Act of 1983 (§§ 68-221-701 — 68-221-720) 68-221-701 – 68-221-720
Part 8 Wastewater Treatment Works Construction Grant Act of 1984 (§§ 68-221-801 — 68-221-811) 68-221-801 – 68-221-811
Part 9 Water and Wastewater Operator Certification Act (§§ 68-221-901 — 68-221-915) 68-221-901 – 68-221-915
Part 10 Wastewater Facilities (§§ 68-221-1001 — 68-221-1018) 68-221-1001 – 68-221-1018
Part 11 Storm Water Management (§§ 68-221-1101 — 68-221-1113) 68-221-1101 – 68-221-1113
Part 12 Drinking Water Revolving Loan Fund Act of 1997 (§§ 68-221-1201 — 68-221-1207) 68-221-1201 – 68-221-1207
Part 13 Regional Water and Wastewater Treatment Authority Act (§§ 68-221-1301 — 68-221-1319) 68-221-1301 – 68-221-1319

Terms Used In Tennessee Code > Title 68 > ENVIRONMENTAL PROTECTION > Chapter 221 - Water and Sewerage

  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
  • Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
  • Administrator: means the administrator of the United States environmental protection agency (EPA), or the administrator's designated representative. See Tennessee Code 68-221-703
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agricultural land: means land used for agriculture, as defined in §. See Tennessee Code 68-221-1102
  • 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
  • Allegation: something that someone says happened.
  • alternative technology: includes land application of effluent and sludge, aquifer recharge, aquaculture, direct reuse (nonpotable), horticulture, revegetation of disturbed land, containment ponds, sludge composting and drying prior to land application, self-sustaining incineration, methane recovery, codisposal of sludge and solid waste and individual and on-site systems. See Tennessee Code 68-221-803
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor. See Tennessee Code 68-221-201
  • Authority: means the Tennessee local development authority, a public agency, created by title 4, chapter 31, or its successor. See Tennessee Code 68-221-502
  • Authority: means a water and wastewater treatment authority created pursuant to this part. See Tennessee Code 68-221-603
  • Authority: means the Tennessee local development authority as created by title 4, chapter 31. See Tennessee Code 68-221-1003
  • Authority: means a water and wastewater treatment authority created pursuant to this part. See Tennessee Code 68-221-1303
  • Auxiliary intake: means any piping connection or other device whereby water may be secured from a source other than that normally used. See Tennessee Code 68-221-101
  • Average daily balance: means the sum of the average daily demand deposits, the average daily time deposits, and the average daily savings deposits of public depositors held during the calendar month immediately preceding the current month. See Tennessee Code 9-4-502
  • Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
  • Average monthly balance: means the average monthly balance of public deposits held by the depository during any twelve (12) calendar months. See Tennessee Code 9-4-502
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Bequest: Property gifted by will.
  • Board: means the board of commissioners of an authority. See Tennessee Code 68-221-603
  • Board: means the Tennessee board of water quality, oil and gas as established by §. See Tennessee Code 68-221-703
  • Board: means the board of certification created in §. See Tennessee Code 68-221-903
  • Board: means the wastewater financing board established by this part. See Tennessee Code 68-221-1003
  • Board: means the board of commissioners of an authority. See Tennessee Code 68-221-1303
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • Board: means the collateral pool board created pursuant to §. See Tennessee Code 9-4-502
  • Bonds: includes notes, interim certificates or other obligations of an authority. See Tennessee Code 68-221-603
  • Bonds: includes notes, interim certificates or other obligations of an authority. See Tennessee Code 68-221-1303
  • By-pass: means any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water purification plant. See Tennessee Code 68-221-101
  • Certificate: means a certificate of competency issued by the commissioner stating that the operator has met the requirements for the specified operator classification of the certification program. See Tennessee Code 68-221-903
  • Certified laboratory: means any facility for performing bacteriological, chemical or other analysis on drinking water which has received interim or final certification by the department. See Tennessee Code 68-221-703
  • Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. See Tennessee Code 35-16-102
  • Clean Water Act: means the Water Pollution Control Act of 1972, P. See Tennessee Code 68-221-1003
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Collateral pool: means an arrangement whereby the repayment of public deposits deposited with any qualified public depository is secured through the sum total of eligible collateral pledged by all qualified public depositories, and contingent liability agreements as provided by the collateral pool board. See Tennessee Code 9-4-502
  • Commissioner: means the commissioner of environment and conservation or the commissioner's authorized agent. See Tennessee Code 68-221-101
  • Commissioner: means the commissioner of environment and conservation, 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 68-221-703
  • Commissioner: means the commissioner of environment and conservation or the commissioner's duly authorized representative. See Tennessee Code 68-221-903
  • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community property: means property owned by a community property trust during the marriage of the settlor spouses. See Tennessee Code 35-17-102
  • Community property trust: means an express trust that complies with §. See Tennessee Code 35-17-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means the erection, building, acquisition, alteration, reconstruction, improvement or extension of sewage treatment works, preliminary planning to determine the economic and engineering feasibility of sewage treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of sewage treatment works, and the inspection and supervision of the construction of sewage treatment works. See Tennessee Code 68-221-201
  • Construction: means the erection, building, acquisition, alteration, reconstruction, improvement or extension of waterworks, preliminary planning to determine the economic and engineering feasibility of waterworks, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary in the construction of waterworks, and the inspection and supervision of the construction of waterworks. See Tennessee Code 68-221-502
  • 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 68-221-703
  • 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
  • Construction: means the erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facilities. See Tennessee Code 68-221-1102
  • Contaminant: means any physical, chemical, biological or radiological substance or matter in water. See Tennessee Code 68-221-703
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Covered compensation: means , with respect to any calendar year, the amount of a member's earnable compensation subject to contributions under the Federal Insurance Contributions Act (26 U. See Tennessee Code 8-34-101
  • Creating governmental entity: means any city, metropolitan government or county which creates an authority pursuant to this part. See Tennessee Code 68-221-603
  • Creating governmental entity: means any city, metropolitan government, county or utility district that creates an authority pursuant to this part. See Tennessee Code 68-221-1303
  • Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
  • Creditor: means , with respect to a transferor, a person who has a claim. See Tennessee Code 35-16-102
  • Cross connection: means any physical connection whereby a potable water supply system is connected with any other water supply system, whether public or private, either inside or outside of any building or buildings, in such manner that a flow of water into the potable water supply is possible, either through the manipulation of valves or because of ineffective check or back pressure valves. See Tennessee Code 68-221-101
  • Cross connection: means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains, or may contain, contaminated water, sewage or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. See Tennessee Code 68-221-703
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debt: means liability on a claim. See Tennessee Code 35-16-102
  • Decedent: A deceased person.
  • Decree: means a judgment or other order of a court. See Tennessee Code 35-17-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environment and conservation through its executive officer, the commissioner of environment and conservation, or the commissioner's legally designated representative. See Tennessee Code 68-221-101
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-201
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-502
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-703
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-803
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-1003
  • Dependent: A person dependent for support upon another.
  • Deposit insurance: means the insurance provided by the federal deposit insurance corporation. See Tennessee Code 9-4-502
  • Depository pledge agreement: means the contract between the state treasurer, a qualified public depository, and a trustee custodian providing for the pledge and deposit of collateral, and other provisions determined by the state treasurer. See Tennessee Code 9-4-502
  • Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
  • Devise: To gift property by will.
  • Director: means the director of the division of water supply. See Tennessee Code 68-221-703
  • disabled: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposition: means a transfer, conveyance or assignment of property, including a change in the legal ownership of property occurring upon the substitution of one (1) trustee for another or the addition of one (1) or more new trustees. See Tennessee Code 35-16-102
  • Dissolution: means either:
    (A) Termination of a marriage by a decree of dissolution, divorce, annulment or declaration of invalidity. See Tennessee Code 35-17-102
  • Division: means the division of water supply of the department. See Tennessee Code 68-221-703
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Drinking water regulations: means regulations promulgated pursuant to this part. See Tennessee Code 68-221-703
  • During marriage: means a period that begins at marriage and ends at dissolution or the death of a spouse. See Tennessee Code 35-17-102
  • Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible collateral: has the meaning set forth in §. See Tennessee Code 9-4-502
  • Eligible project: means a project for construction of sewage treatment works:
    (A) For which approval is required under this chapter. See Tennessee Code 68-221-201
  • Eligible project: means a project for the construction of waterworks for which approval is required under this part, which conforms with the applicable rules and regulations of the department, and which in the judgment of the department is economically feasible. See Tennessee Code 68-221-502
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employer: means :
    (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executive officer: means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity. See Tennessee Code 68-221-603
  • Executive officer: means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity. See Tennessee Code 68-221-1303
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
  • Facsimile: means a reproduction by engraving, imprinting, stamping, lithographing or other means. See Tennessee Code 9-3-102
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal act: means the Safe Drinking Water Act, P. See Tennessee Code 68-221-703
  • Federal act: means the Safe Drinking Water Act, or Title XIV of the Public Health Service Act, compiled in 42 U. See Tennessee Code 68-221-1203
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal pollution abatement assistance: means funds available to a municipality, either directly or through allocation by the state, from the federal government as grants for construction of sewage treatment works. See Tennessee Code 68-221-201
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • former spouse: means only persons to whom the transferor was legally married at, or before, the time the qualified disposition is made. See Tennessee Code 35-16-102
  • Fraud: Intentional deception resulting in injury to another.
  • fund: means the fund created pursuant to §. See Tennessee Code 9-4-502
  • Fund: means the wastewater facility revolving loan fund. See Tennessee Code 68-221-1003
  • Fund: means the water system revolving loan fund. See Tennessee Code 68-221-1203
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the chief legislative body of any creating or participating governmental entity. See Tennessee Code 68-221-603
  • Governing body: means the chief legislative body of any creating or participating governmental entity. See Tennessee Code 68-221-1303
  • Governing instrument: means :
    (A) A will, deed, trust instrument or agency agreement. See Tennessee Code 35-14-102
  • Grant: means the award of state funds to a municipality for the construction of wastewater treatment works or for preliminary engineering pursuant to this part. See Tennessee Code 68-221-803
  • Grantor: The person who establishes a trust and places property into it.
  • 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
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innovative technology: means developed wastewater treatment processes and techniques which have not been fully proven under the circumstances of their contemplated use and which represent a significant advancement over the state of the art in terms of significant reduction in life cycle cost of the project when compared to an appropriate conventional technology. See Tennessee Code 68-221-803
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interconnection: means any system of piping or other arrangement whereby a potable water supply is connected directly with a sewer, drain, conduit or other device which does or may carry sewage or other liquid or waste which would be capable of imparting contamination to the potable water supply. See Tennessee Code 68-221-101
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Investment advisor: means a person given authority by the terms of an investment services trust to direct, consent to or disapprove a transferor's actual or proposed investment decisions, distribution decisions or other decisions of the transferor. See Tennessee Code 35-16-102
  • Investment services trust: means an instrument appointing a qualified trustee or qualified trustees for the property that is the subject of a disposition, which instrument:
    (A) Expressly incorporates the law of this state to govern the validity, construction and administration of the trust. See Tennessee Code 35-16-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Law: includes any act or statute, general, special or local, and the charter of any incorporated town or city or metropolitan government of this state. See Tennessee Code 68-221-502
  • Lead free: means :
    (A) Not containing more than two-tenths of one percent (0. See Tennessee Code 68-221-703
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means loans, loan guarantees, or a source of reserve and security for leveraged loans. See Tennessee Code 68-221-1203
  • Local government: means :
    (i) A county, incorporated town or city, metropolitan government, state agency, water/wastewater authority, energy authority or any instrumentality of government created by any one (1) or more of these or by an act of the general assembly:
    (a) Which has authority to administer a wastewater facility. See Tennessee Code 68-221-1003
  • Local retirement fund: means any teachers' retirement fund or other arrangement for payment of retirement benefits to teachers, except this retirement system, supported wholly or in part by contributions made by an employer as defined by chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Loss: includes , but is not limited to:
    (A) The principal amount of the public deposit. See Tennessee Code 9-4-502
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Marital property: includes income from, and any increase in the value during the marriage of, property determined to be separate property in accordance with subdivision (b)(4) if each party substantially contributed to its preservation and appreciation. See Tennessee Code 36-4-121
  • Maximum contaminant level: means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system. See Tennessee Code 68-221-703
  • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
  • Membership service: means service rendered while a member of the retirement system. See Tennessee Code 8-34-101
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means any county, town or city, or special district empowered to provide municipal sewage collection and treatment services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project. See Tennessee Code 68-221-201
  • Municipality: means any county, metropolitan government, incorporated town or city, or special district of this state empowered to provide water services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project. See Tennessee Code 68-221-502
  • 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
  • Municipality: means any county, incorporated city or town, school district, utility district, improvement district, taxing district, housing authority, industrial development board, health and educational facilities board, or other district, authority, commission, board, public body or political subdivision in this state. See Tennessee Code 9-3-102
  • Municipality: means any incorporated city or town, county, metropolitan or consolidated government, or special district of this state empowered to provide storm water facilities. See Tennessee Code 68-221-1102
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National primary drinking water regulations: means primary drinking water regulations, as amended, promulgated by the administrator pursuant to the federal act. See Tennessee Code 68-221-703
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means a person who is in direct charge, or that by education, training and experience is qualified to be in direct charge, of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system. See Tennessee Code 68-221-903
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participating governmental entity: means any utility district, metropolitan government, city, town or county. See Tennessee Code 68-221-603
  • Participating governmental entity: means any utility district, metropolitan government, city, town or county, which utility district, city, town or county, pursuant to a resolution of its governing body, has sold, leased, dedicated, donated or otherwise conveyed its water or wastewater treatment works, or both, or a portion of its water or wastewater treatment works, to the authority for operation by the authority in order to make the treatment works an operational part of its treatment works. See Tennessee Code 68-221-1303
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pension plan: means the defined benefit pension plan established and maintained by a political subdivision for its employees, excluding a political subdivision's participation in the Tennessee consolidated retirement system pursuant to title 8, chapters 34?37. See Tennessee Code 9-3-503
  • Person: means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country. See Tennessee Code 68-221-101
  • 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 68-221-703
  • Person: means an individual. See Tennessee Code 35-16-102
  • Person: means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country. See Tennessee Code 68-221-1102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means any local governmental entity, including, but not limited to any municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more of the named local governmental entities. See Tennessee Code 9-3-503
  • Political subdivision employee: means any person in the employ of a political subdivision who participates in the political subdivision's pension plan. See Tennessee Code 9-3-503
  • Potable water supply: means any public or other water supply, the quality of which is approved by the department for human consumption. See Tennessee Code 68-221-101
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary engineering: means preparation of the Section 201 Facilities Plan, preparation of engineering plans, writing specifications, value engineering, and related, similar activities. See Tennessee Code 68-221-803
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
  • Priority ranking list: means a list generated through a system by which the department ranks in descending order of priority all applicants for state and federal grants for construction of wastewater treatment works by criteria which include at least the following:
    (A) The nature and quantity of the receiving waters. See Tennessee Code 68-221-803
  • Probate: Proving a will
  • Property: includes real property, personal property, and interests in real or personal property. See Tennessee Code 35-16-102
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public deposit: means funds in which the entire beneficial interest is owned by a public depositor or funds held in the name of a public official of a public depositor charged with the duty to receive or administer funds and acting in such official's official capacity. See Tennessee Code 9-4-502
  • Public depositor: means the state of Tennessee, or any of its agencies, or any Tennessee county, Tennessee incorporated municipality and their political subdivisions, or any utility district organized under the laws of the state or any interstate compact to which the state is a party. See Tennessee Code 9-4-502
  • Public depository: means :
    (i) Any savings and loan association, or savings bank (collectively referred to as savings institutions), or any bank chartered by the state of Tennessee. See Tennessee Code 9-4-502
  • Public school: means any school conducted within the state under the authority and supervision of a duly elected or appointed city or county school board, and any educational institution supported by and under the control of the state. See Tennessee Code 8-34-101
  • Public security: means any bond, note, warrant, certificate of indebtedness or other obligation for the payment of money authorized to be issued by a municipality. See Tennessee Code 9-3-102
  • Public sewerage system: means the conduits, sewers, and all devices and appurtenances by means of which sewage is collected, pumped, treated or disposed of finally. See Tennessee Code 68-221-101
  • Public water supply: means any waterworks system as defined in subdivision (12), whether privately or publicly owned, where water is furnished to any community, collection or number of individuals for a fee or charge or any other waterworks system which, on account of the people who are or may be affected by the quality of the water, is classified as a public water supply by the department. See Tennessee Code 68-221-101
  • Public water system: means a system for the provision of water for human consumption through pipes or other constructed conveyances, if such serves fifteen (15) or more connections or which regularly serves twenty-five (25) or more individuals daily at least sixty (60) days out of the year. See Tennessee Code 68-221-703
  • Qualified affidavit: means a sworn affidavit signed by the transferor before a disposition of assets to an investment services trust that meets the requirements of §. See Tennessee Code 35-16-102
  • Qualified disposition: means a disposition by or from a transferor with or without consideration, to an investment services trust. See Tennessee Code 35-16-102
  • Qualified farmer or nurseryman: has the meaning as defined in §. See Tennessee Code 68-221-1102
  • Qualified public depository: means any public depository that meets all of the requirements of this part and that has been authorized by the board to secure public deposits through the collateral pool. See Tennessee Code 9-4-502
  • Qualified trustee: means a person who:
    (A) In the case of a natural person, is a resident of this state, or, in all other cases, is authorized by the law of this state to act as a trustee and whose activities are subject to supervision by the Tennessee department of financial institutions, the federal deposit insurance corporation, the comptroller of the currency, or the office of thrift supervision or any successor to them. See Tennessee Code 35-16-102
  • Qualified trustee: means either:
    (A) A natural person who is a resident of this state. See Tennessee Code 35-17-102
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Regular interest: means interest at such rate or rates compounded annually as may be set from time to time by the board of trustees in accordance with §. See Tennessee Code 8-34-101
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • repayable grants: means the loan or loans of state funds to a municipality to be repaid by the municipality excluding any federal pollution abatement assistance. See Tennessee Code 68-221-201
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Reserve capacity: means capacity to treat, store, transport or dispose of more wastewater than the demand on the system at the time of construction. See Tennessee Code 68-221-803
  • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
  • Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
  • 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
  • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
  • Security: means that which is determined by the authority to be acceptable to secure a loan to a local government under this part and includes, but is not limited to, revenues of the facility, ad valorem taxes, state-shared taxes, letters of credit or bond insurance. See Tennessee Code 68-221-1003
  • Security: means that which is determined by the authority to be acceptable to secure a loan to a water system under this part and includes, but is not limited to, dedicated or other revenues of the system, collateral, letters of credit, and surety bonds. See Tennessee Code 68-221-1203
  • Separate debt: means :
    (A) All debt incurred by either spouse prior to the date of the marriage. See Tennessee Code 36-4-121
  • Separate property: means :
    (A) All real and personal property owned by a spouse before marriage, including, but not limited to, assets held in individual retirement accounts (IRAs) as that term is defined in the Internal Revenue Code of 1986 (26 U. See Tennessee Code 36-4-121
  • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §. See Tennessee Code 8-34-101
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Settlor spouses: means a married couple that establishes a community property trust. See Tennessee Code 35-17-102
  • Sewage: means all water-carried human and household wastes from residences, buildings, institutions or industrial establishments, together with such ground, surface, or storm water as may be present. See Tennessee Code 68-221-101
  • Sewage treatment works: means any facility for the purpose of treating, neutralizing or stabilizing municipal sewage, including treatment or disposal plants, the necessary intercepting, outfall and outlet sewers, pumping stations integral to such plants or sewers, equipment and furnishings thereof and their appurtenances. See Tennessee Code 68-221-201
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: means the state of Tennessee. See Tennessee Code 68-221-603
  • State: means the state of Tennessee. See Tennessee Code 68-221-1303
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • State act: means the Tennessee Safe Drinking Water Act of 1983, compiled in part 7 of this chapter, as amended, and rules and regulations promulgated thereunder. See Tennessee Code 68-221-1203
  • State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
  • Statute: A law passed by a legislature.
  • Storm water: means storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration (other than infiltration contaminated by seepage from sanitary sewers or by other discharges) and drainage. See Tennessee Code 68-221-1102
  • Storm water facilities: means the drainage structures, conduits, combined sewers, sewers, and all device appurtenances by means of which storm water is collected, transported, pumped, treated or disposed of. See Tennessee Code 68-221-1102
  • Streams: includes any river, creek, slough or natural water course in which water usually flows in a defined bed or channel. See Tennessee Code 68-221-703
  • Subpoena: A command to a witness to appear and give testimony.
  • Supplier of water: means any person who owns, operates or controls a public water system. See Tennessee Code 68-221-703
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transferor: means a person who, directly or indirectly, makes a disposition or causes a disposition to be made in such person's capacity:
    (A) As an owner of property. See Tennessee Code 35-16-102
  • Treatment works: means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof. See Tennessee Code 68-221-603
  • Treatment works: means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof. See Tennessee Code 68-221-1303
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust: means any fiduciary relationship created by a governing instrument. See Tennessee Code 35-14-102
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means any fiduciary as defined in §. See Tennessee Code 35-14-102
  • Trustee custodian: means a financial institution designated to hold eligible collateral on behalf of the state treasurer and a qualified public depository pursuant to §. See Tennessee Code 9-4-502
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Unfunded accrued liability: means the actuarially determined accrued liabilities of the pension plan that are greater than the actuarially determined value of the pension plan assets. See Tennessee Code 9-3-503
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • User: means the owner, tenant or occupant of any lot or parcel of land connected to a sanitary sewer, or for which a sanitary sewer line is available if a municipality levies a sewer charge on the basis of such availability. See Tennessee Code 68-221-201
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • 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
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Wastewater collection system: means the entire system of pipes, valves, pumping stations and appurtenances through which wastewater is collected and conveyed to the wastewater treatment plant. See Tennessee Code 68-221-903
  • Wastewater facility: means any facility, including the reserve capacity thereof, whose purpose is to collect, store, treat, neutralize, stabilize, recycle, reclaim or dispose of 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 68-221-1003
  • Wastewater treatment plant: means the facility or group of units provided for the treatment of wastewater, either or both domestic and industrial wastes. See Tennessee Code 68-221-903
  • 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
  • Water distribution system: means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer. See Tennessee Code 68-221-903
  • Water supply system: means the system of pipes, structures and facilities through which water is obtained, treated, and sold, distributed or otherwise offered to the public for household use or any use by humans, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals at least one hundred twenty (120) days or at least sixty (60) consecutive days out of the year. See Tennessee Code 68-221-903
  • Water treatment plant: means the portion of the water supply system which in some way alters the physical, chemical or bacteriological quality of the water. See Tennessee Code 68-221-903
  • Waters: means any and all water, public or private, on or beneath the surface of the ground, which 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 which do not combine or effect a junction with natural surface or underground waters. See Tennessee Code 68-221-703
  • Waterworks: includes all or any part of the following: source of supply, pumping facilities, purification works, collection and storage facilities and distribution system for water, together with all necessary parts and appurtenances for proper operation. See Tennessee Code 68-221-502
  • Waterworks system: means the source of supply and all structures and appurtenances used for the collection, treatment, storage and distribution of water delivered to the consumers. See Tennessee Code 68-221-101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105