69-10-112 - Municipalities under home rule or counties under charter Exemptions.
69-10-112. Municipalities under home rule or counties under charter Exemptions.
(a) Any municipality that has adopted home rule under Tenn. Const., art. 11 § 9, or any county operating under a county charter form of government, may enact, by ordinance or resolution respectively, enforceable requirements not less stringent than the standards adopted by the state pursuant to this chapter.
(b) Any such municipality that has adopted home rule under Tenn. Const., art. 11 § 9, any county operating under a county charter form of government, or any political subdivision under such municipality or county, may be exempted from the provisions of this chapter, except for the well driller licensing and license fee provisions that shall remain as a state function. Any such municipality, county or political subdivision desiring to be exempted from the provisions of this chapter may file a petition for certificate of exemption with the commissioner. The commissioner shall grant or deny the petition.
(c) The certificate of exemption shall be granted if the commissioner determines that the home rule municipality, or county operating under a county charter form of government, has enacted provisions not less stringent than the provisions of this chapter and that such enactments are being, or will be, adequately enforced.
(d) The commissioner may grant a certificate of exemption in whole or in part, may prescribe a time schedule for various parts of an exemption to become effective, and may make a certificate of exemption conditional or provisional as is deemed appropriate.
(e) In granting any certificate of exemption, there is reserved to the state the right to initiate proceedings to enforce any applicable resolution, ordinance or regulation of the municipality or county should it fail to obtain compliance with the resolution, ordinance or regulation. Such proceedings shall be the same as for enforcement of any duly promulgated rule or regulation.
(f) In granting any certificate of exemption, the exemption is to be strictly construed as limited to the language of the exemption. No power or authority that is not expressly stated in the certificate of exemption may be implied.
(g) The department shall frequently determine whether or not any exempted municipality, county or political subdivision meets the terms of the exemption granted and continues to comply with the provisions of this section. If a determination is made that such municipality, county or political subdivision does not meet the terms of the exemption granted or does not comply with the provisions of this section, the commissioner, upon reasonable notice to the municipality, county or political subdivision, may suspend the exemption in whole or in part until such time as the municipality, county or political subdivision complies with the state standards.
(h) All certificates of exemption, including those expiring pursuant to the provisions of subsection (g), shall be for a fixed term not to exceed five (5) years.
[Acts 2002, ch. 800, § 23; T.C.A. § 69-11-112.]