2023 Tennessee Code
Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319)
ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319)
Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319)
Part 4 - SUBSURFACE SEWAGE DISPOSAL SYSTEMS (§§ 68-221-401 — 68-221-419)
Section 68-221-410 - Variances - Hearings - Finality of decision

• (a)
  • (1) Any person whose subdivision plan has been disapproved or whose application for a subsurface sewage disposal system permit has been denied under this part and the rules and regulations promulgated pursuant to this part, may request in writing that a variance be granted by the commissioner.
  • (2) The request should set forth in numbered paragraphs the variance requested, the reasons therefor, and be signed by the applicant.
  • (3) The commissioner shall investigate the request for variance and inform the applicant of the commissioner's decision within ninety (90) days from the date the request is received.
  • (4) A variance may be granted when in the opinion of the commissioner such a variance will not violate § 68-221-401 or otherwise constitute a definite health hazard.

• (b)
  • (1) Where an applicant, having had a plan disapproved or a permit denied, does not wish to request a variance, or where such applicant's request for a variance is denied, or where such applicant's permit has been suspended or revoked, such applicant may request a hearing before the commissioner; provided, that nothing in this section shall require the commissioner to hold more than one (1) hearing on a particular matter.
  • (2) Any hearing which is held pursuant to this section shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

• (c) Any decision of the commissioner to disapprove plans to deny, suspend or revoke a permit, or to deny a request for a variance, shall become a final decision and not subject to review unless the applicant requests by written petition a hearing or variance no later than thirty (30) days after such decision is received.

Acts 1973, ch. 188, § 8; 1975, ch. 259, § 1; T.C.A., § 53-2051; Acts 1986, ch. 735, § 7; T.C.A., § 68-13-410.