Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
: .._;.n. L~l•
.....
~tate of \!tennessee
PUBLIC CHAPTER NO. 763
HOUSE BILL NO. 2355
By Representatives Howell, Vital
Substituted for: Senate Bill No. 2532
By Senators Hatcher, Pody, Gardenhire
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 68, Chapter 221,
relative to unlawful disposal of waste.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-102(d), is amended by deleting
the subsection and substituting:
(1) Except as provided in subdivision (d)(2), an offense under this section is a
Class C misdemeanor.
(2)
(A) An offense under this section is a Class B misdemeanor if the person
commits the offense while engaged in the business of removing accumulated
wastes from subsurface sewage disposal systems, as defined in § 68-221-402.
(B) Upon a conviction for a violation of this section as described in
subdivision (d)(2)(A), the court shall notify the commissioner of environment and
conservation who shall suspend or revoke the person's permit to engage in the
business of removing accumulated wastes from subsurface sewage disposal
systems, or refuse to issue the person such permit, as follows:
(i) For a first violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for a minimum of thirty (30) days, and may revoke the permit;
(ii) For a second violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for a minimum of ninety (90) days, and may revoke the permit; and
(iii) For a third or subsequent violation, the commissioner shall
permanently revoke the person's permit or permanently refuse to issue
the person a permit, as applicable.
(3) This section does not limit the commissioner's authority to suspend or revoke
a permit under § 68-221-403, or rules promulgated under that section. Suspension or
revocation under this section must be conducted as a summary action under § 4-5-
320( c).
SECTION 2. Tennessee Code Annotated, Section 68-221-413(a), is amended by
deleting the subsection and substituting:
(1) Except as provided in subdivision (a)(2), a violation of this part or rules
promulgated pursuant to this part is a Class C misdemeanor.
(2)
(A) An offense under § 68-221-406(a)(7) involving the unlawful disposal
of sewage or effluent from a subsurface sewage disposal system is a Class B
misdemeanor if the person commits the offense while engaged in the business of
removing accumulated wastes from subsurface sewage disposal systems.
HB2355
(8) Upon a conviction for a violation of§ 68-221-406(a)(7) as described in
subdivision (a)(2)(A), the court shall notify the commissioner who shall suspend
or revoke the person's permit to engage in the business of removing
accumulated wastes from subsurface sewage disposal systems, or refuse to
issue the person such permit, as follows:
(i) For a first violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for a minimum of thirty (30) days, and may revoke the permit;
(ii) For a second violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for a minimum of ninety (90) days, and may revoke the permit; and
(iii) For a third or subsequent violation, the commissioner shall
permanently revoke the person's permit or permanently refuse to issue
the person a permit, as applicable.
(3) This section does not limit the commissioner's authority to suspend or revoke
a permit under§ 68-221-403, or any rules promulgated under that section. Suspension
or revocation under this section must be conducted as a summary action under§ 4-5-
320(c).
SECTION 3. Tennessee Code Annotated, Section 68-221-713(f)(1), is amended by
deleting the subdivision and substituting:
(A) Except as provided in subdivision (f)(1 )(8), a violation of this part or rules
promulgated pursuant to this part is a Class C misdemeanor.
(8)
(i) An offense under§ 68-221-711(5) involving the unlawful discharge of
sewage or any other waste or contaminant is a Class 8 misdemeanor if the
person commits the offense while engaged in the business of removing
accumulated wastes from subsurface sewage disposal systems, as defined in §
68-221-402.
(ii) Upon a conviction for a violation under§ 68-221-711(5) as described
in subdivision (f)(1 )(8)(i), the court shall notify the commissioner who shall
suspend or revoke the person's permit to engage in the business of removing
accumulated wastes from subsurface sewage disposal systems, or refuse to
issue the person such permit, as follows:
(a) For a first violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for a minimum of thirty (30) days, and may revoke the permit;
(b) For a second violation, the commissioner shall suspend the
person·s permit, or refuse to issue the person such permit, as applicable,
for a minimum of ninety (90) days, and may revoke the permit; and
(c) For a third or subsequent violation, the commissioner shall
permanently revoke the person's permit or permanently refuse to issue
the person a permit, as applicable.
(C) This section does not limit the commissioner's authority to suspend or revoke
a permit under§ 68-221-403, or any rules promulgated under that section. Suspension
or revocation under this section must be conducted as a summary action under§ 4-5-
320(c).
SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to any violation committed on or after that date.
2
HOUSE BILL NO. 2355
PASSED: March 23, 2026
CAMERCJN-sEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
n "'--■-"'' ~., 'l. ..-'-"--
' RANDY McNlLLY
SPEAKER OF THE SENATE
lo~ APPROVED this ( day of P(;>1:\ 2026
l t U t ~. . . . .
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.