§ 2-46-4. Duties, authorities and appeals.

A.

Until such time as any state law in the future supersedes local regulations and ordinances, the duties and authorities of the board shall be as follows:

1.

Rules and regulations for administration. The board shall have and exercise the power, duty, and responsibility to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations which the board deems necessary for the proper administration of this chapter, and the preservation and protection of the quality and quantity of the groundwaters of Shelby County.

2.

Adoption of groundwater protection plan. The board shall have and exercise the power, duty, and responsibility to proceed without delay to formulate, adopt and implement a groundwater protection plan for Shelby County. Such plan shall include but not be limited to:

a.

A well head protection program;

b.

A requirement for observation wells for facilities handling hazardous chemicals or other potential contaminants;

c.

A systematic analysis program for existing and new wells;

d.

A support program for toxic spill prevention, control and counter measure programs.

3.

Regulations for controlling operation of wells. The board shall have and exercise the power, duty, and responsibility to adopt, modify, repeal, and promulgate after due notice, all necessary rules and regulations for the purpose of controlling the construction, operation, maintenance and closure of all wells in Shelby County other than those owned and operated by the municipalities therein for public water supply.

4.

Hearing of appeals on modification of permit requirements. The board shall have and exercise the power, duty and responsibility to:

a.

Hear appeals for permit issuance, denial, revocation or modification made by the department;

b.

Issue notices of such appeals requiring attendance of witnesses and the production of evidence;

c.

Administer oaths;

d.

Take such testimony as the board deems necessary.

Any of these powers may be exercised on behalf of the board by any members thereof as appointed by the chairperson, or by a hearing officer designated by him or her, subject to review by the board.

5.

Research and investigation. The board shall have and exercise the power, duty, and responsibility to require the department to carry out surveys, research, and investigations into all aspects of groundwater use and groundwater quality.

6.

Coordinator for issues. The board shall have and exercise the power, duty, and responsibility to serve as coordinator for all groundwater issues in Shelby County including but not limited to:

a.

Coordinating groundwater activities with federal, state, and local agencies;

b.

Holding public meetings on groundwater policies and issues;

c.

Developing a public awareness and education program relative to groundwater.

7.

Hearings prior to adoption of rules. Prior to promulgating, adopting, modifying, or repealing rules and regulations the board shall conduct, or cause to be conducted, public hearings in connection therewith. Notice of public hearing shall be given not less than 30 days before the date of such hearing and shall state the date, time, and place of the hearing, and the subject of the hearing. Any such notice shall be published at least once in one newspaper of general public circulation circulated throughout Shelby County. Any person who desires may be heard at the public hearing relative to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing.

8.

Board decision on variances and right of appeal. The board shall have and exercise the power, duty, and responsibility to hear and decide all matters concerning a variance to, or an exception taken, to any decision, ruling requirement, rule, regulation, or order of the board or the department. Such appeal shall be made within 15 days after receiving notice of such decision, ruling, requirement, rule, regulations, or order by filing a written notice of appeal directly to the board specifying the grounds thereof and the relief requested. Such an appeal shall act as a stay of the decision, ruling, requirement, rule, regulation, or order in question until the board has taken final action on the appeal, except when the department has determined that a health hazard exists. The board shall, not less than 30 days after the date of the receipt of the notice of appeal, set a date for the hearing and shall give notice thereof by certified mail to the interested parties.

9.

Hearing of appeals. Hearings before the board shall be conducted in the following manner:

a.

The technical secretary of the board or his or her representative shall act as the hearing officer to conduct such hearings.

b.

Any person making an appeal may appear in person or by agent or attorney and present evidence, both written and/or oral, pertinent to the issues involved and may examine and cross-examine witnesses.

c.

All testimony shall be presented under oath and recorded. The board is authorized to have all such testimony transcribed and a transcript of such testimony, if transcribed, shall be made available to the appellant or any party to the hearing upon payment of the normal fee established by the department.

d.

After due consideration of the written and oral statements, and the testimony and arguments submitted at the hearing upon such appeal or, upon default in appearance of the appealing party on the date specified in the formal notice of the hearing, the board shall issue and enter such final order to make such final determination as it shall deem appropriate, within 30 days of the hearing date and shall immediately notify all interested parties thereof in writing by certified mail.

e.

An appeal from the board shall be to a court of competent jurisdiction in Shelby County, Tennessee.

10.

Additional guidelines to carry out purposes. The board shall set out other principles and guidelines deemed essential by the board to carry out the purpose of this chapter.

B.

A copy of all rules and regulations promulgated, adopted, modified or repealed by the board shall be kept on file in the minutes section of the Shelby County legislative department and such other places as the board may determine.

(Code 1985, § 16-418; Ord. No. 3736, § 1, 3-8-1988; Editorially amended during 2004 codification)