§ 68-221-705 — Duties and authority of commissioner

In addition to any power, duty or responsibility given to the commissioner by other sections of the code, the commissioner has the following powers, duties and responsibilities to: (1) Exercise general supervision over the administration and enforcement of this part and all rules and regulations promulgated thereunder; (2) Make inspections and investigations, collect samples, carry on research, or take such other action as may be necessary to carry out this part, rules and regulations issued pursuant thereto, and any orders which the commissioner may issue; (3) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of this part; (4) Advise, consult, cooperate, contract and make other binding agreements with the various agencies of the federal government and with state and local administrative and governmental agencies, colleges and universities, or with any other persons. In addition, the department has the authority, subject to approval by the governor, to enter into agreements with other states and the United States relative to planning and use of water from interstate water. This authority shall not be deemed to extend to the modification of any agreement with the state concluded by direct legislative act, but unless otherwise expressly provided, the department shall be the agency for the administration and enforcement of any such legislative agreement; (5) When funds may become available to the state as such, apply for, accept, administer and utilize loans and grants from the federal government, state government, and from any other sources, public or private, for provision and control of public water systems in the state; (6) Collect and disseminate information relating to the water being furnished by the public water systems of the state; (7) Administer oaths, issue subpoenas and compel attendance of witnesses and production of data for all purposes of this part; (8) Bring suit in the name of the department for any violation of this part, rules and regulations of the board, and orders of the board or commissioner seeking any remedy therein provided, and any other statutory or common law remedy therein provided; (9) Assess civil penalties for violation of any provision of this part or any rule, regulation, standard adopted or order issued by the board or commissioner pursuant to this part; (10) Issue orders as may be necessary to secure compliance with this part, as well as the rules and regulations adopted pursuant to these sections. Such orders may include placing a moratorium on any further connections to a water system until remedial action is completed; (11) Investigate any alleged or apparent violation of this part and take any action authorized hereunder as the commissioner deems necessary to enforce these sections; (12) Delegate to the director any of the powers, duties and responsibilities of the commissioner under this part; (13) In accordance with the standards and procedures established by the board, grant variances or exemptions from certain provisions of this part and the rules and regulations promulgated hereunder; and (14) Develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity to comply with national primary drinking water regulations and this part and the rules promulgated hereunder.

Legislative History

Acts 1983, ch. 324, § 6; 1988, ch. 583, § 5; T.C.A., § 68-13-705; Acts 1998, ch. 592, § 5.