§ 68-221-704 — Duties and authority of board

In the performance of its duties concerning safe drinking water, the board has the following duties and responsibilities, to: (1) Establish by rule or regulation such policies, requirements or standards governing the source, collection, distribution, purification, treatment and storage of water for public water systems as it deems necessary for the reasonable and proper use thereof in conformity with the intent of this part, and such rules and regulations may include a schedule of fees for reviewing plans, making inspections, and performing tests and analyses of water samples as permitted by this part; (2) Adopt, modify, repeal and promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, rules and regulations which the board deems necessary for the proper administration of this part. Such rules and regulations shall at a minimum: (A) Establish maximum contaminant levels for each contaminant which, in the board's judgment, may have an adverse effect on the public health; (B) Establish standards and procedures to assure an adequate supply of safe drinking water which dependably complies with maximum contaminant levels as determined in subdivision (2)(A). Such regulations may provide for: (i) The minimum quality of raw water which may be taken into a public water system; (ii) A program of laboratory certification; (iii) Monitoring and analysis; (iv) Record keeping and reporting; (v) Public notification by the water supplier of violations of the primary drinking water regulations and such other drinking water regulations as determined necessary by the board; (vi) Procedures for inspection of public water systems, inspection of records required to be kept and the taking of samples; (vii) Procedures for design and construction review and approval of new or modified public water systems; (viii) Siting of new public water system facilities as regards public health; (ix) Elimination of cross-connections in distribution systems; (x) A schedule of the amount of civil penalty which can be assessed by the commissioner for certain specific violations or categories of violations; and (xi) Such additional criteria and procedures as may be required to carry out the purposes of this part; (C) Establish criteria and procedures for setting performance bonds for water systems; (D) Establish standards and procedures for granting variances or exemptions from certain provisions of these rules and regulations; provided, that the standards or procedures established shall not permit any variance or exemption under conditions and in a manner which is less stringent than the conditions under and the manner in which variances or exemptions may be granted under §§ 1415 and 1416 of the national Safe Drinking Water Act, as amended ( 42 U.S.C. §§ 300g-4 and 300g-5 ); and (E) Establish a requirement that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity to comply with national primary drinking water regulations and this part and the rules promulgated hereunder; (3) Hear appeals from orders issued by the commissioner, or civil penalties imposed by the commissioner; affirm, modify or revoke such actions or orders of the commissioner; issue notices of such appeals; issue subpoenas requiring attendance of witnesses and production of evidence; administer oaths; and take such testimony as the board deems necessary. Any of these powers may be exercised on behalf of the board by any member or members thereof appointed by the chair, or by a hearing officer designated by the chair, subject to review by the board; and (4) Require the technical secretary to carry out surveys, research and investigations into all aspects of the supply of safe drinking water.

Legislative History

Acts 1983, ch. 324, § 5; 1988, ch. 583, §§ 3, 4; T.C.A., § 68-13-704; Acts 1998, ch. 592, § 4.