1. (1) Before a person may enter into a financial commitment for or initiate construction of a new public water system or increase capacity of an existing public water system, he shall notify the Department and, to the extent practicable, avoid locating part or all of the new or expanded facility at a site which:

   1. (a) Is subject to a significant risk from earthquakes, floods, fires, or other disasters which could cause a breakdown of the public water system or a portion thereof; or
   2. (b) Except for intake structures, is within the flood plain of a 100-years flood.
2. (2) All other siting requirements shall be in accordance with those set forth in “Design Criteria for Public Water Systems” as published by the Department.

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq. Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.