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Terms Used In Tennessee Code 69-10-107

  • Board: means the board of ground water management. See Tennessee Code 69-10-101
  • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation. See Tennessee Code 69-10-101
  • Department: means the department of environment and conservation. See Tennessee Code 69-10-101
  • Ex officio: Literally, by virtue of one's office.
  • Installer: means any person who installs or repairs well pumps or who installs filters and water treatment devices. See Tennessee Code 69-10-101
  • Quorum: The number of legislators that must be present to do business.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Well: means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well. See Tennessee Code 69-10-101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) In order to advise and assist the commissioner in the preparation of rules and regulations, there is hereby created and established an advisory board to be known as the board of ground water management, consisting of five (5) members, including the commissioner and director of water resources or their designees, who shall be ex officio members of the board, and three (3) persons actively engaged in the drilling of wells, and one (1) of whom shall be resident of each of the three (3) geographical grand divisions of the state, and shall be appointed by the governor for terms of three (3) years each. The first well driller appointed to the board from:

(A) Middle Tennessee shall serve for a term of three (3) years from and after the date of appointment;
(B) East Tennessee shall serve for a term of two (2) years from and after the date of appointment; and
(C) West Tennessee shall serve for a term of one (1) year from and after the date of appointment.
(2) Thereafter, upon the expiration of the term of any members of the board engaged in well drilling, a successor shall be appointed by the governor for a term of three (3) years, the appointees shall be residents of Tennessee, and holders of certificates as well drillers issued under this chapter or prior acts, and each appointee shall have been actively engaged in well drilling in this state for not less than five (5) years next preceding appointment. No appointive member shall be appointed to more than two (2) consecutive full terms.
(b) Any vacancy on the board, which may occur from any cause, shall be filled by appointment by the governor for the unexpired term in the same manner as regular appointments are made, and the dates of tenure of office as provided in subsection (a) shall be maintained.
(c) The commissioner shall serve as chair and the director of water resources shall serve as secretary of the board, which shall meet at least once annually at a time and place determined by the board. A quorum consists of three (3) members of the board. The board members shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The board shall adopt and implement rules and regulations to create a conflict of interest policy for board members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by board members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the board to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy.
(e) Prior to the issuance of any well driller’s license or any installer‘s license, the board of ground water resources shall review the application for such license and shall make a recommendation to the commissioner either for or against issuance of such license. The board shall promulgate rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that specify the criteria to be used by the board in making such recommendations.
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