68-221-209 - Power to require use of sanitary sewers Requiring maintenance of sewer connections Requiring payment of charges Deposit Action to collect delinquent charges Maintenance of sanitary s
68-221-209. Power to require use of sanitary sewers Requiring maintenance of sewer connections Requiring payment of charges Deposit Action to collect delinquent charges Maintenance of sanitary sewer and building service.
(a) In order to protect the public health and in order to assure the payment of bonds issued for sewage treatment works, the municipality is authorized by appropriate resolution to:
(1) (A) Require the owner, tenant or occupant of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer and upon which lot or parcel a building exists for residential, commercial or industrial use, to connect such building with such sanitary sewer and to cease to use any other means for the disposal of sewage, sewage waste or other polluting matter;
(B) In addition to any other method of enforcing such requirement, a municipality also providing water services to such property may, within or without its borders, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply;
(2) Require the owner, tenant or occupant of each lot or parcel of land who is responsible for any connection to the sanitary sewer required under this section to properly maintain that portion of the connection that is located on the property of the owner, tenant or occupant; and in addition to any other method of enforcing such requirement, a city, town or utility district also providing water service to such property may, within or without its border, refuse water service to such owner, tenant or occupant until there has been compliance and may discontinue water service to an owner, tenant or occupant failing to comply within thirty (30) days after notice to comply;
(3) Require the owner, tenant or occupant of each lot or parcel of land who is obligated to pay the charges made for the services furnished by any sewage system or sewage disposal system, to make a reasonable deposit in advance to secure the payment of such charges; and
(4) Proceed to recover the amount of any delinquent charges owed by any such owner, tenant or occupant, with interest thereon at the maximum legal rate, in an action ex contractu.
(b) (1) If a water and wastewater treatment authority, created pursuant to part 6 of this chapter:
(A) Owns a sanitary sewer funded in whole or in part through a grant obtained under this part; and
(B) Installed the sanitary sewer, contracted with an entity to install the sanitary sewer, or such sanitary sewer was conveyed to the authority after installation;
then such authority is responsible for maintaining the sanitary sewer and building service, including couplings and fittings thereto, to which the building lateral sewer of the residential or commercial customer is connected. In no event shall a residential or commercial customer be responsible for maintaining that portion of any lateral or connection that is located beyond the property line of such customer.
(2) As used in this subsection, unless the context otherwise requires:
(A) Building lateral sewer means a gravity-flow pipeline connecting a building wastewater collection system to a building service. Building lateral sewer is also called a house connection or a service connection; and
(B) Building service means a saddle or Y connection to a lateral or branch sewer for connection of a building sewer also called a building lateral sewer.
(3) Such water and wastewater treatment authority is liable upon a showing of negligence for any damage incurred by such residential or commercial customers that is caused by damage to or failure of such sanitary sewer or building service, including couplings and fittings thereto.
(4) The provisions of this subsection do not apply in any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000) nor in any county having a population of not less than sixty-seven thousand six hundred (67,600) nor more than sixty-seven thousand nine hundred (67,900), according to the 1990 federal census or any subsequent federal census.
[Acts 1970, ch. 521, § 1; T.C.A., § 53-2025; Acts 1991, ch. 252, § 1; T.C.A., § 68-13-209; Acts 1999, ch. 479, § 1.]