E. RON PICKARD and LINDA PICKARD, as TRUSTEES OF THE SHARON CHARITABLE TRUST and as INDIVIDUALS v. TENNESSEE DEPARTMENT of ENVIRONMENT AND CONSERVATION, TENNESSEE WATER QUALITY CONTROL BOARD and TENNESSEE MATERIALS CORPORATION (Tenn. Ct. App. September 5, 2012)
The Tennessee Department of Environment and Conservation issued a draft permit allowing a proposed rock quarry to discharge storm water and wastewater into a nearby creek.
Owners of property allegedly affected by the discharge filed a declaratory order petition with the Water Quality Control Board, seeking a declaration construing the rules regarding the protection of existing uses of waters. The Water Quality Control Board dismissed the petition as not ripe. The Tennessee Department of Environment and Conservation subsequently issued a final permit to the quarry and the property owners filed both a permit appeal and another declaratory order petition with the Water Quality Control Board.
The Water Quality Control Board again dismissed the declaratory order petition. The property owners subsequently filed a petition for a declaratory judgment in the Davidson County Chancery Court. The Water Quality Control Board and the Tennessee Department of Environment and Conservation argued that the petition was not ripe and that the property owners had not exhausted their administrative remedies. In addition, the Water Quality Control Board and the Tennessee Department of Environment and Conservation argued that Tennessee Code Annotated Section 69-3-105(i) precluded the property owners from bringing a declaratory order petition prior to issuance of a permit. The trial court ruled in favor of the property owners and issued a declaratory judgment on the construction of Tennessee Compiled Rule and Regulation 1200-04-03-.06.
We affirm the trial court’s rulings with regard to ripeness, exhaustion of administrative remedies, and Tennessee Code Annotated Section 69-3-105(i), but reverse the grant of summary judgment on the construction of Tennessee Compiled Rule and Regulation 1200-04-03-.06 and remand for further proceedings.
Opinion available at:
https://www.tba.org/sites/default/files/pickarde_090512.pdf
Showing posts with label Wastewater. Show all posts
Showing posts with label Wastewater. Show all posts
September 12, 2012
August 20, 2012
Court reviews whether a chancery court lacked jurisdiction in a case involving a wastewater permit
E. RON PICKARD and LINDA PICKARD, as TRUSTEES OF THE SHARON CHARITABLE TRUST and as INDIVIDUALS v. TENNESSEE DEPARTMENT of ENVIRONMENT AND CONSERVATION, TENNESSEE WATER QUALITY CONTROL BOARD and TENNESSEE MATERIALS CORPORATION (Tenn. Ct. App. August 15, 2012)
The Tennessee Department of Environment and Conservation issued a permit allowing a proposed rock quarry to discharge storm water and wastewater into a nearby creek. Owners of property allegedly affected by the discharge filed an appeal challenging the issuance of the permit with the Water Quality Control Board, as well as a petition seeking a declaratory order construing the rules regarding the protection of existing uses of waters. The Water Quality Control Board refused to issue a declaratory order and the property owners appealed to the Davidson County Chancery Court. Because we conclude that the trial court lacked jurisdiction to grant the relief requested, we vacate the judgment of the trial court and remand for dismissal of this cause. Vacated and remanded.
Opinion available at:
https://www.tba.org/sites/default/files/pickarde_081512.pdf
The Tennessee Department of Environment and Conservation issued a permit allowing a proposed rock quarry to discharge storm water and wastewater into a nearby creek. Owners of property allegedly affected by the discharge filed an appeal challenging the issuance of the permit with the Water Quality Control Board, as well as a petition seeking a declaratory order construing the rules regarding the protection of existing uses of waters. The Water Quality Control Board refused to issue a declaratory order and the property owners appealed to the Davidson County Chancery Court. Because we conclude that the trial court lacked jurisdiction to grant the relief requested, we vacate the judgment of the trial court and remand for dismissal of this cause. Vacated and remanded.
Opinion available at:
https://www.tba.org/sites/default/files/pickarde_081512.pdf
February 28, 2008
Certain water/wastewater authorities have a statutory obligation to maintain sewer lines beyond customer property lines
Effect of Statute Requiring Maintenance of Sanitary Sewer Connections - Tenn. Attorney General Opinion No. 08-35 (February 26, 2008).
"The obligation for maintaining sewer lines beyond the property line of a customer, then, applies to any water and wastewater treatment authority created in accordance with Tenn. Code Ann. §§ 68-221-601 to 68-221-618 that also meets the criteria in Tenn. Code Ann. § 68-221-209(b)(1)(A) and (B) above. The provisions for maintaining sewer line connections in Tenn. Code Ann. § 68-221-209(b)(1) were added to the statute in 1999. According to [TDEC], which regulates these entities, this legislation applies to a number of existing water and wastewater treatment authorities in Tennessee, and not just the Hamilton County Water and Wastewater Treatment Authority. It is the opinion of this Office, therefore, that the provisions in Tenn. Code Ann. § 68-221-209(b)(1), requiring maintenance of sanitary sewer connections, constitute a general law of statewide application and a uniform policy on the maintenance of public sewage treatment works." Id.
Opinion available at the Tennessee Bar Association website: http://www.tba2.org/tba_files/AG/2008/ag_08_35.pdf
"The obligation for maintaining sewer lines beyond the property line of a customer, then, applies to any water and wastewater treatment authority created in accordance with Tenn. Code Ann. §§ 68-221-601 to 68-221-618 that also meets the criteria in Tenn. Code Ann. § 68-221-209(b)(1)(A) and (B) above. The provisions for maintaining sewer line connections in Tenn. Code Ann. § 68-221-209(b)(1) were added to the statute in 1999. According to [TDEC], which regulates these entities, this legislation applies to a number of existing water and wastewater treatment authorities in Tennessee, and not just the Hamilton County Water and Wastewater Treatment Authority. It is the opinion of this Office, therefore, that the provisions in Tenn. Code Ann. § 68-221-209(b)(1), requiring maintenance of sanitary sewer connections, constitute a general law of statewide application and a uniform policy on the maintenance of public sewage treatment works." Id.
Opinion available at the Tennessee Bar Association website: http://www.tba2.org/tba_files/AG/2008/ag_08_35.pdf
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