The saying goes…
Poor planning on your part, won’t create an emergency on mine.
Dear Concerned Citizens,
Based on my research, the answer to the question in this report is clear: Yes. Transparency is missing.
Citizens do not have to work in local government to recognize when important information is hard to find, difficult to understand, or not being clearly explained.
Fortunately, research is one of my strengths. So is asking the next right questions. I followed the paper trail, reviewed the facts, and pulled together the key information citizens deserve to see.
Now, let’s walk through the facts together &
the 13 Critical Questions That Must Be Answered!
I followed the paper trail through the Tennessee Board of Utility Regulation, TDEC, the State Comptroller, and the Tennessee Code Annotated, the basic rules every Tennessee utility and municipality must follow. Then condensed nearly 50 pages of state guidance into an eight-part outline of the key requirements and questions an evaluation committee should consider before choosing a utility site.
My goal is simple:
Cut through the red tape
Protect taxpayers
Make the best long-term decision for our community
The State’s criteria for selecting a utility site are PINK.
My thoughts & the 13 Critical Questions are GREEN.
Site Selection Standards, State of TN Legal & Planning Requirements
Zoning & Land Use
Site must be zoned or rezoned to allow a wastewater treatment facility.
Must be consistent with the municipal comprehensive plan and any regional utility or growth plan .
Ownership & Title
City must obtain clear title or long term control (ownership, long term lease, or easement).
Title work must show no liens or deed restrictions that would prevent plant construction or use.
Eminent Domain - If condemnation is used, it must be:
For a clear public purpose (sanitary sewer service).
Conducted under Tennessee eminent domain statutes with appraisals and just compensation.
#1 (?):
What zone is the property in? If rezoning is required, that must go to a vote!
#2 (?):
Is the property in the urban growth boundary?
If NO, the county commission must approve via an interlocal agreement. Then the urban growth boundary is updated by the state.
What if the county does not approve?
#3 (?):
Are the owner(s) willing to sell?
If the site contains multiple properties, an election is held for the owners may be required.
However only 2 owners per property can vote.
There are other avenues; see MTAS- 222 for details regarding annexation options.
Environmental & Technical Siting Criteria
Floodplain & Floodway (see #4 QUESTION)
Prefer sites outside the 100‑year floodplain . If in a floodplain, must design/protect structures per flood regulations and TDEC requirements.
Buffers & Setbacks with adequate separation from (see #5 QUESTION)
Residential areas (odor, noise, visual impact).
Streams, wetlands, and wells (to protect water resources).
Soils, Geology, & Access (see #6 QUESTION)
Soils must be suitable for foundations, piping, and any land application.
All‑weather road access for operations, sludge hauling, & emergency access.
Collection/Discharge Constraints (see #7 QUESTION)
Feasible gravity/force main connection from the collection system.
Viable discharge location (stream, river, reuse system, or land application) meeting permit limits.
Future Expansion (see #8 QUESTION)
Sufficient land area to expand capacities or add treatment processes in the future.
#4 (?):
Is the site, to include growth & expansion estimates, outside the 100-year floodplain?
YES is the only acceptable answer!
#5 (?):
Who determines what “adequate separation” means?
According to the City of Lebanon codes;
What are the residential buffers & setbacks?
What are the ecological buffers & setbacks? (to avoid contamination of wells, aquifer, or a stream)
#6 (?):
Is the site suitable considering all points?
#7 (?):
Where is the discharge location?
Distance from site? Each site will have unique factors affecting cost.
#8 (?):
Based on the Wilson County Growth estimates;
What are the expansion plans to ensure capacity 30 years from now?
Relevant cost estimates for the site?
Environmental & Community Review
State Revolving Fund (SRF) or federal funds used- MUST comply with NEPA‑like Environmental Review, including:
Environmental Information Document (EID) - a Review of alternatives and environmental impacts.
Provide public notice and hold public meetings/hearings
SRF funding rules
TDEC permitting
Local ordinances
Address concerns about odors, traffic, property values, and aesthetics in the siting decision.
#9 (?):
What type of funding will be used?
Which type will affect the lifespan cost of the project & notice requirements.
#10 (?):
An Environmental Information Document (EID) for all sites under serious consideration sounds useful. Thoughts??
#11 (?):
Have the residents’ concerns about “odors, traffic, property values, and aesthetics in the siting decision” been resolved??
Project Determination (Need, Size, Scope)
Engineering & Planning Studies
Facility Plan / Preliminary Engineering Report (PER)
Prepared and sealed by a licensed professional engineer . Must document:
Existing system conditions and regulatory compliance status.
Population and flow projections.
Alternatives considered (upgrade existing, regionalization, new plant, etc.).
Selected alternative with justification (cost, environment, reliability).
Design Criteria - Must meet TDEC wastewater design standards , including:
Treatment process selection.
Effluent quality required by the NPDES permit.
Redundancy, reliability, and operator access.
Capacity & Service Area Design Flow & Load Based on:
Current and projected residential/commercial/industrial flows.
Inflow & infiltration analysis.
Must match projected growth in the defined service area .
Interlocal or Regional Agreements
If serving areas outside city limits, execute written agreements defining:
Service responsibilities.
Cost‑sharing.
Ownership and governance.
#12 (?):
Where can residents go to read these “INTERLOCAL AGREEMENTS made by our elected officials?
#13 (?):
Is there documentation for each site selected regarding these state requirements?
Can citizens access the decisions made about each site in reference to the Design Criterion?
We understand that design options and site-specific costs will vary.
The key question is this: where is the documented evidence showing citizens that the State’s standards are being carefully reviewed, addressed, and evaluated before a final site decision is made?
Thoughts on the 13 Critical Questions?
<Here goes the additional guidance from the State>
5. Budgeting & Financial Standards
Total Project Budget
- **Comprehensive Costing**
- Budget must include:
- Land acquisition and easements.
- Planning, design, and permitting.
- Construction and contingencies.
- Equipment and startup.
- Legal, financial, and administrative costs.
- Initial capitalized interest and issuance costs if bonded.
Contingencies
- Standard **10–15% construction contingency** plus allowances for price escalation.
Funding & Debt (TBOUR / Comptroller Oversight)
- **Financing Plan**
- Identify all funding sources:
- Utility revenues and reserves.
**Revenue bonds** or **general obligation bonds**.
- **Tennessee SRF** loans or other state/federal grants.
- **TBOUR / Comptroller Review**
- Prior to issuing debt:
- Submit a **plan of financing** (bond resolution, official statement or loan documents, rate study).
- Demonstrate:
- Project serves a **public purpose**.
- Debt term does **not exceed useful life** of the plant.
- Utility has or will adopt **rates sufficient to cover O&M, debt service, and reserves**.
**Debt Coverage & Reserves**
- Adopt and meet minimum **debt service coverage ratios** (commonly ≥ 1.20–1.25x).
- Establish **debt service reserve** and **repair & replacement reserves** as required by bond/loan covenants.
6. User Rates & Financial Sustainability
**Rate Study**
-Conduct a **professional rate analysis** showing:
Required revenues for full O&M and capital costs.
Rate structure (base + volumetric) that is fair and non‑discriminatory.
Demonstrate ability to meet:
- Debt coverage.
- Reserve funding.
- Long‑term asset renewal.
**Adoption of Rates**
- Adopt rates by **ordinance or resolution** with:
- Public notice.
- Any required hearings.
**Utility Fund Integrity**
- Maintain wastewater operations in a **separate enterprise fund**.
- Limit transfers to the general fund if they jeopardize financial health (as Comptroller rules may flag the system as “distressed”).
7. Regulatory Particulars (Permits & Compliance)
TDEC Wastewater Permits
- **NPDES Discharge Permit**
- Obtain/modify the permit specifying:
- Effluent quality limits.
- Flow capacity.
- Monitoring and reporting requirements.
**Construction Approval**
- Submit **plans and specifications** to TDEC for approval before construction:
- Design must comply with TDEC design criteria.
- Identify process units, hydraulics, and redundancy.
8. Other Required Approvals
*Environmental & Land Disturbance**
- Stormwater and erosion control permits.
- Aquatic resource alteration permits (if impacting streams/wetlands).
- Any **NEPA/State environmental review** if using SRF or federal funds.
**Local Approvals**
- Planning commission and zoning board actions (site plan, special use permits).
Building and fire code approvals as applicable.
Covenants & Continuing Obligations
**Bond/Loan Covenants** Maintain:
- Adequate rates.
- Proper operation and maintenance.
- Insurance and asset protection.
- Timely submission of:
- Annual budgets.
- Audited financial statements.
- Any required continuing disclosure to bondholders.
**Distressed Utility Triggers** If the system fails to meet coverage or financial benchmarks, Comptroller/TBOUR may:
- Require a **corrective action plan**.
- Require **rate increases** or operational changes.
THIS CONCLUDES THE OUTLINE.
Questions or Thoughts in mind?
________________________________________________________________________
More about Christina
Christina for Mayor - Campaign Page
Elect Christina - Campaign Website Instagram
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Thanks for reading, sharing &
contributing to our amazing community
& The Riverbank Ruckus ~~ Christina <3
Newsletter Sources:
State of Tennessee:
A Closer Look at Annexation in Tennessee
Tennessee Code Title 6. Cities and Towns § 6-51-102 -104 & -105
Wilson County:
CTAS Electronic Library - County Operations
Wilson County Electronic Library Good luck finding more than County Commission Meeting Voting Records!
City of Lebanon:
City of Lebanon Electronic Library- Charter & Codes
MTAS _ List of Subjects Available
MTAS Resources for Municipalities. Includes:
