State Codes and Statutes

Statutes > Tennessee > Title-68 > Chapter-201 > Part-1 > 68-201-107

68-201-107. Powers and duties of technical secretary.

(a)  The technical secretary or such secretary's authorized representative has the power and duty to:

     (1)  Attend all meetings of the board, but not be entitled to a vote;

     (2)  Exercise general supervision over all persons employed by the board and by the air pollution control division or service of the department;

     (3)  Make or cause to be made such investigations as the board may direct or authorize, or as may be warranted due to receipt of information concerning an alleged violation of this part or of any rule, regulation or order promulgated under this part; or as the technical secretary otherwise deems advisable, and for this purpose the technical secretary shall have the right to enter at all reasonable times in or upon any private or public property except private residences;

     (4)  Endeavor to the fullest extent possible to obtain compliance with this part and with rules and regulations promulgated pursuant to this part by conference, conciliation and persuasion;

     (5)  Issue formal notice of complaint and prosecute such complaints before the board;

     (6)  Handle correspondence, keep records, prepare reports and perform such other duties as the board may direct or authorize or as may ensue as an employee of the department;

     (7)  Initiate alert, warning and emergency action in accordance with emergency episode plans and procedures promulgated as rules or regulations by the board;

     (8)  At the technical secretary's discretion, request the presence of an alleged violator of this part or of the regulations at an informal meeting of the staff of the division of air pollution control to show cause why further enforcement action ought not be taken by the department. The proceedings of this meeting need not be recorded; and

     (9)  Establish an expedited review process for any permit filed by a combined heat and power plant or a recoverable waste energy plant as such plant is defined under Subtitle D of the 2007 Energy Independence and Security Act (P.L. 110-140, H.R. 6).

(b)  The respondent or petitioner to such hearing may appeal the determination or order of the technical secretary to the board by delivery of such appeal in writing to the technical secretary within fifteen (15) days following receipt of the order or determination from the technical secretary. Any order not appealed within fifteen (15) days following receipt of the order or determination by the technical secretary shall be enforceable as though issued by the board.

[Acts 1967, ch. 367, § 7; 1970, ch. 539, § 1; 1971, ch. 362, § 8; 1973, ch. 325, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3414; Acts 1984, ch. 788, § 6; T.C.A., § 68-25-107; Acts 2008, ch. 730, § 2.]  

State Codes and Statutes

Statutes > Tennessee > Title-68 > Chapter-201 > Part-1 > 68-201-107

68-201-107. Powers and duties of technical secretary.

(a)  The technical secretary or such secretary's authorized representative has the power and duty to:

     (1)  Attend all meetings of the board, but not be entitled to a vote;

     (2)  Exercise general supervision over all persons employed by the board and by the air pollution control division or service of the department;

     (3)  Make or cause to be made such investigations as the board may direct or authorize, or as may be warranted due to receipt of information concerning an alleged violation of this part or of any rule, regulation or order promulgated under this part; or as the technical secretary otherwise deems advisable, and for this purpose the technical secretary shall have the right to enter at all reasonable times in or upon any private or public property except private residences;

     (4)  Endeavor to the fullest extent possible to obtain compliance with this part and with rules and regulations promulgated pursuant to this part by conference, conciliation and persuasion;

     (5)  Issue formal notice of complaint and prosecute such complaints before the board;

     (6)  Handle correspondence, keep records, prepare reports and perform such other duties as the board may direct or authorize or as may ensue as an employee of the department;

     (7)  Initiate alert, warning and emergency action in accordance with emergency episode plans and procedures promulgated as rules or regulations by the board;

     (8)  At the technical secretary's discretion, request the presence of an alleged violator of this part or of the regulations at an informal meeting of the staff of the division of air pollution control to show cause why further enforcement action ought not be taken by the department. The proceedings of this meeting need not be recorded; and

     (9)  Establish an expedited review process for any permit filed by a combined heat and power plant or a recoverable waste energy plant as such plant is defined under Subtitle D of the 2007 Energy Independence and Security Act (P.L. 110-140, H.R. 6).

(b)  The respondent or petitioner to such hearing may appeal the determination or order of the technical secretary to the board by delivery of such appeal in writing to the technical secretary within fifteen (15) days following receipt of the order or determination from the technical secretary. Any order not appealed within fifteen (15) days following receipt of the order or determination by the technical secretary shall be enforceable as though issued by the board.

[Acts 1967, ch. 367, § 7; 1970, ch. 539, § 1; 1971, ch. 362, § 8; 1973, ch. 325, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3414; Acts 1984, ch. 788, § 6; T.C.A., § 68-25-107; Acts 2008, ch. 730, § 2.]  


State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-68 > Chapter-201 > Part-1 > 68-201-107

68-201-107. Powers and duties of technical secretary.

(a)  The technical secretary or such secretary's authorized representative has the power and duty to:

     (1)  Attend all meetings of the board, but not be entitled to a vote;

     (2)  Exercise general supervision over all persons employed by the board and by the air pollution control division or service of the department;

     (3)  Make or cause to be made such investigations as the board may direct or authorize, or as may be warranted due to receipt of information concerning an alleged violation of this part or of any rule, regulation or order promulgated under this part; or as the technical secretary otherwise deems advisable, and for this purpose the technical secretary shall have the right to enter at all reasonable times in or upon any private or public property except private residences;

     (4)  Endeavor to the fullest extent possible to obtain compliance with this part and with rules and regulations promulgated pursuant to this part by conference, conciliation and persuasion;

     (5)  Issue formal notice of complaint and prosecute such complaints before the board;

     (6)  Handle correspondence, keep records, prepare reports and perform such other duties as the board may direct or authorize or as may ensue as an employee of the department;

     (7)  Initiate alert, warning and emergency action in accordance with emergency episode plans and procedures promulgated as rules or regulations by the board;

     (8)  At the technical secretary's discretion, request the presence of an alleged violator of this part or of the regulations at an informal meeting of the staff of the division of air pollution control to show cause why further enforcement action ought not be taken by the department. The proceedings of this meeting need not be recorded; and

     (9)  Establish an expedited review process for any permit filed by a combined heat and power plant or a recoverable waste energy plant as such plant is defined under Subtitle D of the 2007 Energy Independence and Security Act (P.L. 110-140, H.R. 6).

(b)  The respondent or petitioner to such hearing may appeal the determination or order of the technical secretary to the board by delivery of such appeal in writing to the technical secretary within fifteen (15) days following receipt of the order or determination from the technical secretary. Any order not appealed within fifteen (15) days following receipt of the order or determination by the technical secretary shall be enforceable as though issued by the board.

[Acts 1967, ch. 367, § 7; 1970, ch. 539, § 1; 1971, ch. 362, § 8; 1973, ch. 325, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3414; Acts 1984, ch. 788, § 6; T.C.A., § 68-25-107; Acts 2008, ch. 730, § 2.]