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HB2355 • 2026

Sewage

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 68, Chapter 221, relative to unlawful disposal of waste.

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Howell, Hatcher
Last action
2026-04-07
Official status
Transmitted to Governor for his action.
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific details about enforcement and its impact, leaving these points uncertain.

Tennessee Law Against Unlawful Sewage Disposal

This law makes it a more serious crime for people who remove waste from septic tanks to improperly dispose of sewage and revokes their business permits if they break the rules multiple times.

What This Bill Does

  • Makes it a Class B misdemeanor (a more severe offense) when someone who removes waste from subsurface sewage disposal systems disposes of sewage in ways that are not allowed while engaged in this business.
  • Requires courts to tell the commissioner of environment and conservation about any violations by people who remove waste from septic tanks.
  • Suspends or revokes business permits for up to 30 days after a first violation, up to 90 days after a second violation, and permanently if there is a third or more violations.

Who It Names or Affects

  • People who remove waste from subsurface sewage disposal systems
  • Courts that handle cases involving improper sewage disposal
  • The commissioner of environment and conservation

Terms To Know

Class B misdemeanor
A more serious type of crime than a Class C misdemeanor, punishable by up to six months in jail or a fine of up to $500.
Subsurface sewage disposal system
A private waste management system that treats and disposes of wastewater underground.

Limits and Unknowns

  • The law does not specify what happens if someone violates the rules before July 1, 2026.
  • It is unclear how strictly this law will be enforced or how many people it will affect.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB2355

Plain English: The amendment changes penalties for businesses removing waste from sewage systems who violate disposal rules, making their offenses a higher level misdemeanor and allowing for permit suspension or revocation.

  • Increases the penalty to a Class B misdemeanor if someone violates waste removal laws while working in the business of removing accumulated wastes from subsurface sewage disposal systems.
  • Requires courts to notify the commissioner who can then suspend or revoke permits based on violations, with penalties increasing for repeat offenses.
  • The exact impact and enforcement details are not fully explained beyond what is provided in the amendment text.
Amendment 1-0 to SB2532

Plain English: The amendment changes penalties for unlawful disposal of waste by sewage removal businesses from a Class C misdemeanor to a more severe Class B misdemeanor and adds permit suspension or revocation rules based on the number of violations.

  • Increases the penalty for unlawful disposal of waste by sewage removal businesses from a Class C misdemeanor to a Class B misdemeanor.
  • Adds provisions that allow the commissioner to suspend or revoke permits for up to 90 days after a second violation, and permanently revoke permits after a third or subsequent violation.
  • The amendment text does not specify all details about how permit suspensions or revocations will be enforced beyond what is stated in the summary action under § 4-5-320(c).

Bill History

  1. 2026-04-07 Tennessee General Assembly

    Transmitted to Governor for his action.

  2. 2026-04-01 Tennessee General Assembly

    Signed by Senate Speaker

  3. 2026-04-01 Tennessee General Assembly

    Signed by H. Speaker

  4. 2026-03-24 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  5. 2026-03-23 Tennessee General Assembly

    Passed Senate, Ayes 29, Nays 0

  6. 2026-03-23 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA0705)

  7. 2026-03-23 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  8. 2026-03-23 Tennessee General Assembly

    Sponsor(s) Added.

  9. 2026-03-23 Tennessee General Assembly

    Companion House Bill substituted

  10. 2026-03-20 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/23/2026

  11. 2026-03-19 Tennessee General Assembly

    Received from House, Passed on First Consideration

  12. 2026-03-17 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  13. 2026-03-16 Tennessee General Assembly

    Passed H., as am., Ayes 92, Nays 0, PNV 0

  14. 2026-03-16 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0623)

  15. 2026-03-12 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/16/2026

  16. 2026-03-11 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/12/2026

  17. 2026-03-11 Tennessee General Assembly

    Sponsor(s) Added.

  18. 2026-03-11 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0

  19. 2026-03-10 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  20. 2026-03-09 Tennessee General Assembly

    Sponsor(s) Added.

  21. 2026-03-05 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/11/2026

  22. 2026-03-04 Tennessee General Assembly

    Placed on cal. Agriculture & Natural Resources Committee for 3/10/2026

  23. 2026-03-04 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Agriculture & Natural Resources Committee

  24. 2026-03-04 Tennessee General Assembly

    Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 3/11/2026

  25. 2026-02-25 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/4/2026

  26. 2026-02-25 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/4/2026

  27. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Agriculture & Natural Resources Subcommittee

  28. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Agriculture & Natural Resources Committee

  29. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee

  30. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  31. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  32. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  33. 2026-02-02 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law provides that a person commits a Class C misdemeanor for all of the following acts, punishable by up to 30 days in prison, a fine of up to $50, or both:



Disposing of water carrying human waste, household or business waste, or to pipe or transmit raw sewage or the effluent from any septic tank or other system of any type, into or on public or private property. Each day of continued violation after conviction constitutes a separate offense.



Disposing of sewage or effluent from a subsurface sewage disposal system into an existing or abandoned well or well dug or drilled for that purpose, caves, sinkholes, ditches, streams, or surface of the ground.



Discharging sewage or other waste or contaminant at such proximity to the intake, well or spring serving a public water system in such a manner or quantity that it will, or will likely, endanger the health or safety of customers of the system or cause damage to the system.

This bill provides that it is a Class B misdemeanor if a person commits any of the above offenses while engaged in the business of removing accumulated waste from subsurface sewage disposal systems, which is a system, other than a public or community sys
tem, which receives sewage. A Class B misdemeanor is punishable by up to six months in prison, a fine of up to $500, or both.

REVOCATION OF PERMITS

Upon a conviction for a violation of this bill, this bill requires the court to notify the commissioner of environment and conservation who must suspend or revoke the person's permit to engage in the business of removing accumulated waste from subsurface
sewage disposal systems, or refuse to issue the person such permit, as follows:



For a first violation, the commissioner must suspend the person's permit, or refuse to issue the person such permit, as applicable, for 30 days.



For a second violation, the commissioner must suspend the person's permit, or refuse to issue the person such permit, as applicable, for 90 days.



For a third or subsequent violation, the commissioner must permanently revoke the person's permit or permanently refuse to issue the person such permit, as applicable.

ON MARCH 16, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND
PASSED HOUSE BILL 2355, AS AMENDED.

AMENDMENT #1 c
larifies that the commissioner may revoke or refuse to issue a permit for an initial or second violation and that this bill does not limit the commissioner's authority to suspend or revoke a permit.

Current Bill Text

Read the full stored bill text
SENATE BILL 2532
By Hatcher

HOUSE BILL 2355
By Howell
HB2355
012066
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39
and Title 68, Chapter 221, relative to unlawful
disposal of waste.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-102(d), is amended by
deleting the subsection and substituting:
(1) Except as provided in subdivision (d)(2), an offense under this section is a
Class C misdemeanor.
(2)
(A) An offense under this section is a Class B misdemeanor if the person
commits the offense while engaged in the business of removing accumulated
wastes from subsurface sewage disposal systems, as defined in § 68-221-402.
(B) Upon a conviction for a violation of this section as described in
subdivision (d)(2)(A), the court shall notify the commissioner of environment and
conservation who shall suspend or revoke the person's permit to engage in the
business of removing accumulated wastes from subsurface sewage disposal
systems, or refuse to issue the person such permit, as follows:
(i) For a first violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for thirty (30) days;
(ii) For a second violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for ninety (90) days; and

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(iii) For a third or subsequent violation, the commissioner shall
permanently revoke the person's permit or permanently refuse to issue
the person such permit, as applicable.
SECTION 2. Tennessee Code Annotated, Section 68-221-413(a), is amended by
deleting the subsection and substituting:
(1) Except as provided in subdivision (a)(2), a violation of this part or rules
promulgated pursuant to this part is a Class C misdemeanor.
(2)
(A) An offense under § 68-221-406(a)(7) involving the unlawful disposal
of sewage or effluent from a subsurface sewage disposal system is a Class B
misdemeanor if the person commits the offense while engaged in the business of
removing accumulated wastes from subsurface sewage disposal systems.
(B) Upon a conviction for a violation of § 68-221-406(a)(7) as described
in subdivision (a)(2)(A), the court shall notify the commissioner who shall
suspend or revoke the person's permit to engage in the business of removing
accumulated wastes from subsurface sewage disposal systems, or refuse to
issue the person such permit, as follows:
(i) For a first violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for thirty (30) days;
(ii) For a second violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for ninety (90) days; and

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(iii) For a third or subsequent violation, the commissioner shall
permanently revoke the person's permit or permanently refuse to issue
the person such permit, as applicable.
SECTION 3. Tennessee Code Annotated, Section 68-221-713(f)(1), is amended by
deleting the subdivision and substituting:
(A) Except as provided in subdivision (f)(1)(B), a violation of this part or rules
promulgated pursuant to this part is a Class C misdemeanor.
(B)
(i) An offense under § 68-221-711(5) involving the unlawful discharge of
sewage or any other waste or contaminant is a Class B misdemeanor if the
person commits the offense while engaged in the business of removing
accumulated wastes from subsurface sewage disposal systems, as defined in §
68-221-402.
(ii) Upon a conviction for a violation under § 68-221-711(5) as described
in subdivision (f)(1)(B)(i), the court shall notify the commissioner who shall
suspend or revoke the person's permit to engage in the business of removing
accumulated wastes from subsurface sewage disposal systems, or refuse to
issue the person such permit, as follows:
(a) For a first violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for thirty (30) days;
(b) For a second violation, the commissioner shall suspend the
person's permit, or refuse to issue the person such permit, as applicable,
for ninety (90) days; and

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(c) For a third or subsequent violation, the commissioner shall
permanently revoke the person's permit or permanently refuse to issue
the person such permit, as applicable.
SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to any violation committed on or after that date.