1220-04-13-.10
Title Of Physical Assets And Sale, Transfer, Merger, Termination,
Cite as Tenn. Comp. R. & Regs. 1220-04-13-.10
ACQUISITION, OR ABANDONMENT.
(1)
Title to all physical assets of the wastewater system managed or operated by a public
wastewater utility shall not be subject to any liens, judgments, or encumbrances, except as
approved by the Commission pursuant to Tenn. Code Ann. § 65-4-109.
(2)
Any person owning, operating, managing, or controlling a public wastewater utility that
intends to sell, transfer or merge with another public wastewater utility, or intends to
terminate, acquire another public wastewater utility or its assets, or abandon the wastewater
system shall file ninety (90) days prior to the closing date of such transaction both a Petition
with the Commission to obtain Commission approval of the transaction and a proposed
written notice to the customers.
(3)
Any petition filed with the Commission under this part shall include a description of the
proposed transaction and the following:
WASTEWATER REGULATIONS
CHAPTER 1220-04-13
(a)
The names, addresses, and telephone numbers of the public wastewater utility and
other parties to the transaction;
(b)
The identity and contact information of the person(s) to contact regarding the petition;
(c)
The proposed effective date of the transaction;
(d)
A list of outstanding citations issued by TDEC and a discussion concerning how the
acquiring party will correct any outstanding citations or violations;
(e)
A statement detailing the effect of the transaction upon customers; and
(f)
A copy of the customer notification letter, to be approved by the Commission, which
will be mailed by the current provider of wastewater services to its customers no fewer
than thirty (30) days prior to the customer transfer. Once approved by the Commission,
the notification letter shall be mailed by U.S. First Class Postage, with the logo or name
of the current provider displayed on both the letterhead and the exterior envelope. For
good cause shown, any portion of this Rule 1220-04-13-.10(3)(f) may be waived or
notice may be given using alternate means.