68-221-1003 - Definitions.

68-221-1003. Definitions.

As used in this part, unless the context otherwise requires:

     (1)  “Authority” means the Tennessee local development authority as created by title 4, chapter 31;

     (2)  “Board” means the wastewater financing board established by this part;

     (3)  “Clean water act” means the Water Pollution Control Act of 1972, PL 92-500, as amended, 33 U.S.C. § 1251 et seq., and rules and regulations promulgated thereunder;

     (4)  “Department” means the department of environment and conservation;

     (5)  “Director” means the director of the division of construction grants and loans within the department;

     (6)  “Fund” means the wastewater facility revolving loan fund;

     (7)  (A)  “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; or

                     (b)  Whose residents are served or are eligible to be served, in whole or in part, by a wastewater facility operated by another local government as defined by this subdivision (7);

                (ii)  One (1) of the foregoing acting jointly with a utility district operating or having the authority to operate a wastewater facility; or

                (iii)  Any combination of two (2) or more of the foregoing acting jointly in connection with a wastewater facility;

          (B)  “Local government” also means any utility district created pursuant to title 7, chapter 82, existing on July 1, 1984, and which operates a wastewater facility; and also includes such utility district created after July 1, 1984, if such utility district operates a wastewater facility comprised of at least five hundred (500) customer connections;

     (8)  “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; and

     (9)  (A)  “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.

          (B)  “Wastewater facility” also includes best management practice projects for controlling non-point sources of water pollution, failed innovative/alternative wastewater construction projects, and the planning or replanning requirements of designated management authorities.

[Acts 1987, ch. 299, § 3; T.C.A., § 68-13-1003; Acts 1992, ch. 1023, § 2; 2002, ch. 603, § 1; 2009, ch. 409, § 2.]