NOTICE This Ordinance shall take effect fifteen (15) days after the date of its final passage pursuant to the Shelby County Charter, Article II, Section 2.06(C)(4), the public welfare requiring same. ORDINANCE NO. 580 ORDINANCE TO AMEND THE SHELBY COUNTY CODE OF ORDINANCES, CHAPTER 42, ARTICLE II, TO REVISE AND CLARIFY THE RATEMAKING AUTHORITY OF THE SHELBY COUNTY GROUND WATER QUALITY CONTROL BOARD TO UPDATE PERMIT FEES REQUIRED TO OPERATE, MAINTAIN OR INSPECT WATER WELLS AND SEPTIC SYSTEMS. SPONSORED BY COMMISSIONER MISKA CLAY BIBBS AND COMMISSIONER BRITNEY THORNTON. WHEREAS, The Shelby County Health Department is authorized to enforce the provisions of Chapter 42, Article II, of the Shelby County Code of Ordinance s pertaining to water quality control within the County, excluding incorporated municipalities; and WHEREAS, Shelby County Health Department on behalf of Shelby County has been granted a Certificate of Exemption from supervision by the State of Tennessee ("State") regarding the regulation of water wells and septic systems in Shelby County; and WHEREAS, Section 1.02 E in the Shelby County Well Code states that amendments to inspection and permit fees may be made to reflect the reasonable cost of services and the current permit fees for groundwater and septic systems are insufficient to fund the direct and indirect costs of the Water Quality Program, based on billing data to the Department and the approved budget for that portion of the program which must be funded under the provisions of the Shelby County Well Code, and WHEREAS, Comparable fees and best practices across the State and nation, in addition to financial needs of the Shelby County Health Department to perform the services, have informed the new fee and groundwater protection plan schedules; and WHEREAS, The language within the Ordinance does not address all fees, nor does it explicitly state which decision-making body shall update fees revealing the need to clarify the Ground Water Quality Control Board’s ratemaking authority. WHEREAS, The Shelby County Code of Ordinances currently grants the Ground Water Quality Control Board the board the power, duty, and responsibility to adopt, modify, repeal, and promulgate after due notice and enforce rules and regulations which the board deems necessary for the proper administration of this article, and the preservation and protection of the quality and quantity of the groundwaters of the County. WHEREAS, A quorum of the Ground Water Quality Control Board met on September 26, 2024, and reviewed the fee increase proposal and voted unanimously to approve the fee increase for the Well and Septic programs. A quorum of the Ground Water Quality Control Board met on March 13, 2025, and made a unanimous vote to approve the amendments as provided in Exhibit A, to this Ordinance. WHEREAS, Exhibit “A”, attached hereto, provides the amended Ordinance in its entirety for the Shelby Code of Ordinances, Chapter 42, Article II. WHEREAS, Pursuant to the Shelby County Charter a majority vote is required by the Shelby County Board of Commissioners to amend this Chapter. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SHELBY COUNTY, TENNESSEE, That Chapter 42, Article II, of the Shelby County Code of Ordinances is hereby amended and incorporates by reference, Exhibit A with the specific amendments described herein as follows: Sec. 42-69. Definitions. Department means the Shelby County Health Department. Sec. 42-73. Appointment; structure; procedures. The appointment, structure and procedures of the groundwater quality control board shall be as follows: (1) The board shall be composed of 11 members, one of whom shall be the president of Memphis Light, Gas and Water Division or his representative; one of whom shall be a professional engineer with training, education, or experience in hydrology and geology; one of whom shall be a licensed well-driller; five of whom shall represent the municipalities other than Memphis which are located in the County and have public water systems; one of whom shall be the director of the Shelby County Health Department; and two of whom shall represent the public at large. The mayor of the City of Memphis shall appoint the professional engineer and one member at large subject to the approval of the Memphis City Council. The County mayor shall appoint the licensed well-driller and one member at large, subject to the approval of the board of County commissioners. The five representatives of the municipalities other than Memphis which are located in the County shall be appointed by the mayors of those municipalities subject to the approval of their respective boards of aldermen. (6) The board shall meet biannually--during the first half of the year and again during the second half of the year--and at such other times as necessary to conduct the business of the board, as determined by the chairman or as requested by three members of the board. Sec. 42-74. Powers, duties and responsibilities. (4) The board shall have and exercise the power, duty, and responsibility to: a. Review and approve inspection and permit fees to reflect the reasonable cost of services provided by the Shelby County Health Department groundwater and septic programs; b. Establish well water conservation fees as a means of controlling usage of water or waste of groundwater by way of private wells; c. Hear appeals for permit issuance, denial, revocation or modification made by the department; d. Issue notices of such appeals requiring attendance of witnesses and the production of evidence; e. Administer oaths; and f. Take such testimony as the board deems necessary. Any of these powers may be exercised on behalf of the board by any members thereof as appointed by the chairman, or by a hearing officer designated by him, subject to review by the board. (7) Prior to promulgating, adopting, modifying, or repealing rules and regulations, the board shall conduct, or cause to be conducted, public hearings in connection therewith. Notice of public hearing shall be given not less than 30 days before the date of such hearing and shall state the date, time, and place of the hearing, and the subject of the hearing. Any such notice shall be published at least once in one newspaper of general public circulation circulated throughout the County and on the Shelby County Health Department’s webpage. Any person who desires to be heard at the public hearing relative to this subsection shall give notice to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing. (10) The Board shall have the power to hear and deny matters concerning a request for septic variance related to the 100-year flood plan restriction. (11) The board may establish other principles and guidelines deemed essential by the board to carry out the purpose of this article. (12) A copy of all rules and regulations promulgated, adopted, modified or repealed by the board shall be kept on file in the minutes section of the County legislative department and such other places as the board may determine. (13) An appeal from the board shall be to a court of competent jurisdiction in the County. Sec. 42-75. Duties and authority of health department. The duties and authority of the Shelby County Health Department as they pertain to this article shall be as follows: (1) Technical and administrative support for the board shall be provided by the Shelby County Health Department. Such support shall include but is not limited to permit issuance, projects, programs, investigations, and enforcement procedures as are assigned to and within the jurisdiction of the board. Sec. 42-101. Definitions. Health department means the Shelby County Health Department. Health officer means the director of the Shelby County Health Department or his designated representative. Sec. 42-102. Enforcement. The Shelby County Health Department is hereby authorized to enforce the provisions of this article pertaining to water quality control within the County, excluding incorporated municipalities. Sec. 42-104. Permit for water supply; fee. (a) No person shall operate or maintain a quasi-public or a private water supply until a permit therefor has been issued by the health department which permit shall not be valid for longer than one year and may be renewed at the expiration thereof upon payment of the fees set out in the Shelby County Water Well Rules and Regulations. All permits shall be in writing. Such permit may be revoked by the health department upon the violation by the holder of any of the terms of this article, or in any emergency when, in the judgment of the health department, the continued operation of the quasi-public or private water supply will be a public health menace. The holder of such permit, after such revocation, shall have the right of appeal. Sec. 42-142. Enforcement.The Shelby County Health Department is hereby granted the authority to enforce the requirements of this article with respect to the sanitary disposal of sewage and human excreta. BE IT FURTHER ORDAINED, That this Ordinance shall take effect fifteen (15) days after the date of its final passage pursuant to the Shelby County Charter in Section 2.06(C)(4). /s/ Lee Harris County Mayor Date: ATTEST: /s/ Clerk of County Commission FIRST READING: May 5, 2025 SECOND READING: May 19, 2025 ADOPTED THIRD READING: June 2, 2025 Dec. 2, 2025 Md111640 ... more |