Tenn. Code Ann. § 68-204-105 — TN Code / Title 68 / Chapter 204 / Section 68-204-105
Chair - Quorum - Reimbursement of expenses - Conflict of interest policy
Status: in_force

(a) The chair of the council shall be appointed by the governor from among the council's membership and shall call the first meeting of the council. The chair shall serve in that capacity for one (1) year and shall be eligible for reappointment. The chair shall preside at all meetings and shall have all the powers and privileges of the other members. (b) Each member, upon expiration of the member's term, shall continue to hold office until a successor is appointed. (c) A majority of those members serving on the council shall constitute a quorum. (d) Members appointed pursuant to § 68-204-104(a)(2)-(4) shall be eligible for reappointment to the council following the expiration of their terms, but shall serve no more than two (2) consecutive three-year terms. (e) Members shall receive no compensation for their service on the council, but shall be reimbursed for travel and other necessary expenses incurred in the performance of official duties in accordance with the state comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (f) The council shall adopt and implement a conflict of interest policy for its members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by council members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the council to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy. Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
(a) The chair of the council shall be appointed by the governor from among the council's membership and shall call the first meeting of the council. The chair shall serve in that capacity for one (1) year and shall be eligible for reappointment. The chair shall preside at all meetings and shall have all the powers and privileges of the other members.
(b) Each member, upon expiration of the member's term, shall continue to hold office until a successor is appointed.
(c) A majority of those members serving on the council shall constitute a quorum.
(d) Members appointed pursuant to § 68-204-104(a)(2)-(4) shall be eligible for reappointment to the council following the expiration of their terms, but shall serve no more than two (2) consecutive three-year terms.
(e) Members shall receive no compensation for their service on the council, but shall be reimbursed for travel and other necessary expenses incurred in the performance of official duties in accordance with the state comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(f) The council shall adopt and implement a conflict of interest policy for its members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by council members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the council to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-217-110 — TN Code / Title 68 / Chapter 217 / Section 68-217-110
Rulemaking
Status: in_force

The commissioner shall promulgate, after public notice and an opportunity for comment, regulations to implement the duties and responsibilities as set forth in § 68-217-105 , including, but not limited to, standards for evaluating releases of drycleaning solvent at or from affected drycleaning facilities, in-state wholesale distribution facilities, or abandoned drycleaning facilities and for determining what, if any, response action is necessary for any such release and standardized methods and techniques for responding to such releases and appropriate presumptive remedial responses. Such standards, methods and techniques shall, to the maximum extent practicable, be applicable to all drycleaning facilities, in-state wholesale distribution facilities and abandoned drycleaning facilities in this state, and, in any event shall be cost-effective, reasonable, and technically feasible. Amended by 2014 Tenn. Acts, ch. 976,s 11, eff. 5/22/2014. Acts 1995, ch. 541, § 10.
The commissioner shall promulgate, after public notice and an opportunity for comment, regulations to implement the duties and responsibilities as set forth in § 68-217-105 , including, but not limited to, standards for evaluating releases of drycleaning solvent at or from affected drycleaning facilities, in-state wholesale distribution facilities, or abandoned drycleaning facilities and for determining what, if any, response action is necessary for any such release and standardized methods and techniques for responding to such releases and appropriate presumptive remedial responses. Such standards, methods and techniques shall, to the maximum extent practicable, be applicable to all drycleaning facilities, in-state wholesale distribution facilities and abandoned drycleaning facilities in this state, and, in any event shall be cost-effective, reasonable, and technically feasible.
Amended by 2014 Tenn. Acts, ch. 976,s 11, eff. 5/22/2014.
Acts 1995, ch. 541, § 10.
Tenn. Code Ann. § 68-211-829 — TN Code / Title 68 / Chapter 211 / Section 68-211-829
Household hazardous wastes - Mobile collection units
Status: in_force

From funds available from the solid waste management fund established by § 68-211-821 , except as provided in § 68-211-828 , the department shall, directly or by contract, provide for the collection of household hazardous wastes on designated days in each county. Each county, or solid waste authority under part 9 of this chapter, if such authority has been created, shall provide a service site and shall advertise in newspapers of general circulation in the county the day or days and hours and location where the household hazardous wastes will be collected. The advertisements shall also identify examples of household hazardous wastes that the mobile unit will receive. The county or solid waste authority shall also furnish at least one (1) person to represent the county or solid waste authority at the service site on the days of collection, who will assist the persons operating the mobile collection unit. Acts 1991, ch. 451, § 35; T.C.A., § 68-31-829; Acts 1996, ch. 846, § 28.
From funds available from the solid waste management fund established by § 68-211-821 , except as provided in § 68-211-828 , the department shall, directly or by contract, provide for the collection of household hazardous wastes on designated days in each county. Each county, or solid waste authority under part 9 of this chapter, if such authority has been created, shall provide a service site and shall advertise in newspapers of general circulation in the county the day or days and hours and location where the household hazardous wastes will be collected. The advertisements shall also identify examples of household hazardous wastes that the mobile unit will receive. The county or solid waste authority shall also furnish at least one (1) person to represent the county or solid waste authority at the service site on the days of collection, who will assist the persons operating the mobile collection unit.
Acts 1991, ch. 451, § 35; T.C.A., § 68-31-829; Acts 1996, ch. 846, § 28.
Tenn. Code Ann. § 68-211-841 — TN Code / Title 68 / Chapter 211 / Section 68-211-841
[Repealed]
Status: repealed

Acts 1991, ch. 451, § 18; T.C.A., § 68-31-841; Acts 1995, ch. 501, § 3; 1996, ch. 846, §§ 32, 52; 1999, ch. 384, § 3; repealed by Acts 2012 , ch. 986, § 33, effective 10/1/2012.
Tenn. Code Ann. § 68-205-110 — TN Code / Title 68 / Chapter 205 / Section 68-205-110
Special assessment lien
Status: in_force

(a) Except as otherwise provided in subsection (e), a special assessment that complies with § 68-205-103 , and any interest or penalties on the assessment: (1) Is a first and prior lien against the commercial property on which the assessment is imposed, from the date on which the notice of special assessment is recorded pursuant to § 68-205-109 , until the assessment, interest, or penalty is paid; and (2) Has the same priority status as a lien for any other ad valorem tax. (b) The lien runs with the land, and that portion of the assessment under the assessment contract that is not yet due must not be accelerated or eliminated by foreclosure of a property tax lien. (c) A provision of a deed of trust, mortgage, or other agreement between a lienholder and a property owner providing for the acceleration of any payment under the deed of trust, mortgage, or agreement solely as the result of entering into an agreement to finance an assessment is unenforceable; provided, that the conditions set forth under § 68-205-103 are satisfied. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
(a) Except as otherwise provided in subsection (e), a special assessment that complies with § 68-205-103 , and any interest or penalties on the assessment: (1) Is a first and prior lien against the commercial property on which the assessment is imposed, from the date on which the notice of special assessment is recorded pursuant to § 68-205-109 , until the assessment, interest, or penalty is paid; and (2) Has the same priority status as a lien for any other ad valorem tax.
(1) Is a first and prior lien against the commercial property on which the assessment is imposed, from the date on which the notice of special assessment is recorded pursuant to § 68-205-109 , until the assessment, interest, or penalty is paid; and
(2) Has the same priority status as a lien for any other ad valorem tax.
(b) The lien runs with the land, and that portion of the assessment under the assessment contract that is not yet due must not be accelerated or eliminated by foreclosure of a property tax lien.
(c) A provision of a deed of trust, mortgage, or other agreement between a lienholder and a property owner providing for the acceleration of any payment under the deed of trust, mortgage, or agreement solely as the result of entering into an agreement to finance an assessment is unenforceable; provided, that the conditions set forth under § 68-205-103 are satisfied.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-202-205 — TN Code / Title 68 / Chapter 202 / Section 68-202-205
Expenditures
Status: in_force

For the purpose of carrying out this part, the department is authorized to expend such funds as may be made available for this purpose through state legislative appropriation, federal grant-in-aid or gifts or donations made to the department specifically for this purpose. Acts 1959, ch. 66, § 5; T.C.A., §§ 53-3305, 68-23-205.
For the purpose of carrying out this part, the department is authorized to expend such funds as may be made available for this purpose through state legislative appropriation, federal grant-in-aid or gifts or donations made to the department specifically for this purpose.
Acts 1959, ch. 66, § 5; T.C.A., §§ 53-3305, 68-23-205.
Tenn. Code Ann. § 68-204-101 — TN Code / Title 68 / Chapter 204 / Section 68-204-101
State energy policy council created
Status: in_force

There is created the state energy policy council, to be administratively attached to the office of the comptroller of the treasury. Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
There is created the state energy policy council, to be administratively attached to the office of the comptroller of the treasury.
Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-211-911 — TN Code / Title 68 / Chapter 211 / Section 68-211-911
Principal of and interest on bonds - Security - Guarantees
Status: in_force

(a) The principal of and interest on any bonds issued by the authority shall be secured by a pledge of such revenues and receipts out of which the same may be made payable. The proceedings under which the bonds are authorized to be issued may contain any agreements and provisions respecting the maintenance of the projects or other facilities covered thereby, the fixing and collection of rents, fees or payments with respect to any projects, facilities, or systems or portions thereof covered by such proceedings, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with this part and part 8 of this chapter. To the extent provided in the proceedings authorizing any bonds of the authority, each pledge and agreement made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid, or adequate provision for the payment thereof shall have been made by the authority. In the event of default in such payment or in any agreements of the authority made as a part of the proceedings under which the bonds were issued, such payment or agreement may be enforced by suit, mandamus, or the appointment of a receiver in equity, or any one (1) or more of such remedies, all as provided in the proceedings under which the bonds are issued. (b) Any county or municipality that participates in the creation or organization of an authority may guarantee or otherwise secure the payment of bonds, notes or similar obligations of the authority by resolution of the county governing body or by municipal ordinance. Any county or municipality seeking to guarantee or secure the payment of a bond obligation of an authority may pledge any discretionary revenues and/or may pledge the full taxing powers of the county or municipality. Prior to any meeting of a county or municipal governing body considering action to guarantee or secure the payment of any bond, note or similar obligation of an authority, reasonable public notice shall be published describing the matter to be considered and containing an estimate of the dollar amount of any contingent liability that may be authorized. Any resolution or ordinance of a county or municipality approving of a guarantee or otherwise providing security for the payment of an authority's bonds, notes or similar obligations shall specify the officer or officers of the county or municipality authorized to execute documents necessary to implement the governing body's action. Acts 1991, ch. 451, § 68; T.C.A., § 68-31-911.
(a) The principal of and interest on any bonds issued by the authority shall be secured by a pledge of such revenues and receipts out of which the same may be made payable. The proceedings under which the bonds are authorized to be issued may contain any agreements and provisions respecting the maintenance of the projects or other facilities covered thereby, the fixing and collection of rents, fees or payments with respect to any projects, facilities, or systems or portions thereof covered by such proceedings, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with this part and part 8 of this chapter. To the extent provided in the proceedings authorizing any bonds of the authority, each pledge and agreement made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid, or adequate provision for the payment thereof shall have been made by the authority. In the event of default in such payment or in any agreements of the authority made as a part of the proceedings under which the bonds were issued, such payment or agreement may be enforced by suit, mandamus, or the appointment of a receiver in equity, or any one (1) or more of such remedies, all as provided in the proceedings under which the bonds are issued.
(b) Any county or municipality that participates in the creation or organization of an authority may guarantee or otherwise secure the payment of bonds, notes or similar obligations of the authority by resolution of the county governing body or by municipal ordinance. Any county or municipality seeking to guarantee or secure the payment of a bond obligation of an authority may pledge any discretionary revenues and/or may pledge the full taxing powers of the county or municipality. Prior to any meeting of a county or municipal governing body considering action to guarantee or secure the payment of any bond, note or similar obligation of an authority, reasonable public notice shall be published describing the matter to be considered and containing an estimate of the dollar amount of any contingent liability that may be authorized. Any resolution or ordinance of a county or municipality approving of a guarantee or otherwise providing security for the payment of an authority's bonds, notes or similar obligations shall specify the officer or officers of the county or municipality authorized to execute documents necessary to implement the governing body's action.
Acts 1991, ch. 451, § 68; T.C.A., § 68-31-911.
Tenn. Code Ann. § 68-211-832 — TN Code / Title 68 / Chapter 211 / Section 68-211-832
Grants for investigation and corrective action at landfills causing contamination of ground water
Status: in_force

(a) From funds available in the solid waste management fund, the department may award a grant or grants to any county or municipality that operated a Class I landfill permitted by the department that is now closed and does not have a composite liner system in place, if the department determines that the landfill is causing harm to health or the environment through contamination of ground water. (b) The grant shall be used by the county or municipality for the purpose of investigation or corrective action at the landfill. The amount of the grant shall be set at an amount sufficient to reimburse a county or municipality for not more than fifty percent (50%) of the total cost of investigation and corrective action of the ground water contamination as of the date of application for the grant. (c) The underground storage tanks and solid waste disposal control board may promulgate rules it deems necessary or appropriate to effectuate this grant program. Acts 2007, ch. 462, § 10.
(a) From funds available in the solid waste management fund, the department may award a grant or grants to any county or municipality that operated a Class I landfill permitted by the department that is now closed and does not have a composite liner system in place, if the department determines that the landfill is causing harm to health or the environment through contamination of ground water.
(b) The grant shall be used by the county or municipality for the purpose of investigation or corrective action at the landfill. The amount of the grant shall be set at an amount sufficient to reimburse a county or municipality for not more than fifty percent (50%) of the total cost of investigation and corrective action of the ground water contamination as of the date of application for the grant.
(c) The underground storage tanks and solid waste disposal control board may promulgate rules it deems necessary or appropriate to effectuate this grant program.
Acts 2007, ch. 462, § 10.
Tenn. Code Ann. § 68-212-310 — TN Code / Title 68 / Chapter 212 / Section 68-212-310
Technical assistance
Status: in_force

Subject to available funding, the department may contract to make technical assistance available to assist generators and the department in carrying out this part. The assistance shall emphasize strategies to encourage hazardous waste reduction. Acts 1990, ch. 754, § 11; T.C.A., § 68-46-310.
Subject to available funding, the department may contract to make technical assistance available to assist generators and the department in carrying out this part. The assistance shall emphasize strategies to encourage hazardous waste reduction.
Acts 1990, ch. 754, § 11; T.C.A., § 68-46-310.
Tenn. Code Ann. § 68-221-103 — TN Code / Title 68 / Chapter 221 / Section 68-221-103
Supervision of operation and maintenance of water and sewerage systems - Notice to persons served of noncompliance with regulations
Status: in_force

(a) The department shall exercise general supervision over the operation and maintenance of public water supplies and public sewerage systems throughout the state. Such general supervision shall include all of the features of operation and maintenance which do or may affect the sanitary quality of the water supply and all of the features of operation and maintenance which do or may affect the proper treatment or disposal of sewage. For exercising such general supervision over the operation and maintenance of public water supplies and public sewerage systems, the department is authorized to investigate the public water supplies and public sewerage systems as often as is deemed necessary by the commissioner, and may adopt and enforce regulations governing the operation and maintenance of public water supply and public sewerage systems. Records of operation of public water supplies and of public sewerage systems shall be kept on blanks furnished by the department, and this data shall be submitted to the department at such times and intervals as the department may direct. Samples of water or sewage shall be submitted to the department when and in such manner as the department may direct. When the department shall have required the submission of such records or reports of operation and samples of water or sewage, the person in charge of the public water supply or public sewerage system shall promptly comply with such request. (b) Whenever a public water supply system: (1) Is not in compliance with departmental public water supply system regulations; (2) Fails to perform monitoring required by regulations adopted by the department; (3) Is subject to a variance or an exemption granted by the department; or (4) Fails to comply with the requirements prescribed by a variance or exemption; the system shall as soon as practicable notify the persons served by it of the fact and the extent and nature and possible health effects of such fact. Notice shall be given in such form and manner as required by departmental regulations. Acts 1945, ch. 52, § 3; C. Supp. 1950, § 5826.3; Acts 1977, ch. 58, § 2; T.C.A. (orig. ed.), §§ 53-2003, 68-13-103.
(a) The department shall exercise general supervision over the operation and maintenance of public water supplies and public sewerage systems throughout the state. Such general supervision shall include all of the features of operation and maintenance which do or may affect the sanitary quality of the water supply and all of the features of operation and maintenance which do or may affect the proper treatment or disposal of sewage. For exercising such general supervision over the operation and maintenance of public water supplies and public sewerage systems, the department is authorized to investigate the public water supplies and public sewerage systems as often as is deemed necessary by the commissioner, and may adopt and enforce regulations governing the operation and maintenance of public water supply and public sewerage systems. Records of operation of public water supplies and of public sewerage systems shall be kept on blanks furnished by the department, and this data shall be submitted to the department at such times and intervals as the department may direct. Samples of water or sewage shall be submitted to the department when and in such manner as the department may direct. When the department shall have required the submission of such records or reports of operation and samples of water or sewage, the person in charge of the public water supply or public sewerage system shall promptly comply with such request.
(b) Whenever a public water supply system: (1) Is not in compliance with departmental public water supply system regulations; (2) Fails to perform monitoring required by regulations adopted by the department; (3) Is subject to a variance or an exemption granted by the department; or (4) Fails to comply with the requirements prescribed by a variance or exemption; the system shall as soon as practicable notify the persons served by it of the fact and the extent and nature and possible health effects of such fact. Notice shall be given in such form and manner as required by departmental regulations.
(1) Is not in compliance with departmental public water supply system regulations;
(2) Fails to perform monitoring required by regulations adopted by the department;
(3) Is subject to a variance or an exemption granted by the department; or
(4) Fails to comply with the requirements prescribed by a variance or exemption; the system shall as soon as practicable notify the persons served by it of the fact and the extent and nature and possible health effects of such fact. Notice shall be given in such form and manner as required by departmental regulations.
the system shall as soon as practicable notify the persons served by it of the fact and the extent and nature and possible health effects of such fact. Notice shall be given in such form and manner as required by departmental regulations.
Acts 1945, ch. 52, § 3; C. Supp. 1950, § 5826.3; Acts 1977, ch. 58, § 2; T.C.A. (orig. ed.), §§ 53-2003, 68-13-103.
Tenn. Code Ann. § 68-202-217 — TN Code / Title 68 / Chapter 202 / Section 68-202-217
Confidentiality of proprietary information
Status: in_force

The commissioner shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is kept confidential and is not revealed to any person without the consent of the person supplying such information; except that such information may be utilized by the commissioner, the department, the United States nuclear regulatory commission, other appropriate federal agencies, or as necessary to comply with applicable federal law. The commissioner shall establish procedures that proprietary information will be maintained in a manner consistent with applicable federal law. Proprietary information shall not include the name and address of license applicants. Acts 1986, ch. 569, § 5; T.C.A., 68-23-217.
The commissioner shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is kept confidential and is not revealed to any person without the consent of the person supplying such information; except that such information may be utilized by the commissioner, the department, the United States nuclear regulatory commission, other appropriate federal agencies, or as necessary to comply with applicable federal law. The commissioner shall establish procedures that proprietary information will be maintained in a manner consistent with applicable federal law. Proprietary information shall not include the name and address of license applicants.
Acts 1986, ch. 569, § 5; T.C.A., 68-23-217.
Tenn. Code Ann. § 68-201-120 — TN Code / Title 68 / Chapter 201 / Section 68-201-120
Removal or rendering inoperative emission control devices from motor vehicles
Status: in_force

It is unlawful for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser. Acts 2004, ch. 926, § 6.
It is unlawful for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser.
Acts 2004, ch. 926, § 6.
Tenn. Code Ann. § 68-205-115 — TN Code / Title 68 / Chapter 205 / Section 68-205-115
Use of public funds to fund or repay loan prohibited - Full faith and credit of local government not pledged, offered, or encumbered
Status: in_force

The state, a county, or local government shall not use public funds to fund or repay a loan between a capital provider and property owner. This chapter does not pledge, offer, or encumber the full faith and credit of a local government. A local government shall not pledge, offer, or encumber its full faith and credit for a lien amount through a C-PACER program. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
The state, a county, or local government shall not use public funds to fund or repay a loan between a capital provider and property owner. This chapter does not pledge, offer, or encumber the full faith and credit of a local government. A local government shall not pledge, offer, or encumber its full faith and credit for a lien amount through a C-PACER program.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-215-203 — TN Code / Title 68 / Chapter 215 / Section 68-215-203
Operating a petroleum underground storage tank or UST prior to or after foreclosure
Status: in_force

(a) Operating a Petroleum Underground Storage Tank or UST System Prior to Foreclosure. A holder, prior to foreclosure, as defined in this part, for purpose of compliance with underground storage tank technical standards, corrective action requirements and financial responsibility, is not an "operator" of a petroleum underground storage tank or UST system; provided, that, after April 12, 1996, the holder is not in control of or does not have responsibility for the daily operation of the petroleum underground storage tank or UST system. (b) Operating a Petroleum Underground Storage Tank or UST System After Foreclosure. The following provisions apply to a holder who, through foreclosure, acquires a petroleum site or petroleum underground storage tank or UST system: (1) A holder is not an "operator" of a petroleum underground storage tank or UST system if there is an operator, other than the holder, who is in control of or has responsibility for the daily operation of the petroleum underground storage tank or UST system, and who can be held responsible for compliance with applicable petroleum underground storage tank requirements; (2) If another operator does not exist, as provided for under subdivision (b)(1), a holder is not an "operator" of the petroleum underground storage tank or UST system, for purposes of compliance with applicable petroleum underground storage tank requirements; provided, that the holder: (A) Empties all of its known petroleum underground storage tanks or UST systems within sixty (60) calendar days after foreclosure or within sixty (60) calendar days after April 12, 1996, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters (2.5 cm.) (one inch (1") of residue, or three-tenths of one percent (0.3%) by weight of the total capacity of the petroleum underground storage tank system, remains in the tank; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways and ancillary equipment; and (B) Empties those petroleum underground storage tanks or UST systems that are discovered after foreclosure within sixty (60) calendar days after discovery or within sixty (60) calendar days of April 12, 1996, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters (2.5 cm.) (one inch (1") of residue, or three-tenths of one percent (0.3%) by weight of the total capacity of the petroleum underground storage tank system, remains in the tank; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways and ancillary equipment; (3) If another operator does not exist, as provided for under subdivision (b)(1), in addition to satisfying the conditions under subdivision (b)(2), the holder must either: (A) Permanently close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements; or (B) Temporarily close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements: (i) Continue operation and maintenance of petroleum underground storage tank corrosion protection requirements; (ii) Report suspected releases to the department; and (iii) Conduct a site assessment if the petroleum underground storage tank system is temporarily closed for more than twelve (12) months and the petroleum underground storage tank system does not meet either the applicable performance standards for new petroleum underground storage tank systems or the petroleum underground storage tank upgrading requirements, except that the spill and overfill equipment requirements do not have to be met. The holder must report any suspected releases to the department. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date on which the petroleum underground storage tank system is emptied and secured under subdivision (b)(2), whichever is later; (4) The petroleum underground storage tank system can remain in temporary closure until a subsequent purchaser has acquired marketable title to the petroleum underground storage tank or UST system or petroleum site. Once a subsequent purchaser acquires marketable title to the petroleum underground storage tank or UST system or petroleum site, the purchaser must decide whether to operate or close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements. Acts 1996, ch. 733, § 4.
(a) Operating a Petroleum Underground Storage Tank or UST System Prior to Foreclosure. A holder, prior to foreclosure, as defined in this part, for purpose of compliance with underground storage tank technical standards, corrective action requirements and financial responsibility, is not an "operator" of a petroleum underground storage tank or UST system; provided, that, after April 12, 1996, the holder is not in control of or does not have responsibility for the daily operation of the petroleum underground storage tank or UST system.
(b) Operating a Petroleum Underground Storage Tank or UST System After Foreclosure. The following provisions apply to a holder who, through foreclosure, acquires a petroleum site or petroleum underground storage tank or UST system: (1) A holder is not an "operator" of a petroleum underground storage tank or UST system if there is an operator, other than the holder, who is in control of or has responsibility for the daily operation of the petroleum underground storage tank or UST system, and who can be held responsible for compliance with applicable petroleum underground storage tank requirements; (2) If another operator does not exist, as provided for under subdivision (b)(1), a holder is not an "operator" of the petroleum underground storage tank or UST system, for purposes of compliance with applicable petroleum underground storage tank requirements; provided, that the holder: (A) Empties all of its known petroleum underground storage tanks or UST systems within sixty (60) calendar days after foreclosure or within sixty (60) calendar days after April 12, 1996, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters (2.5 cm.) (one inch (1") of residue, or three-tenths of one percent (0.3%) by weight of the total capacity of the petroleum underground storage tank system, remains in the tank; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways and ancillary equipment; and (B) Empties those petroleum underground storage tanks or UST systems that are discovered after foreclosure within sixty (60) calendar days after discovery or within sixty (60) calendar days of April 12, 1996, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters (2.5 cm.) (one inch (1") of residue, or three-tenths of one percent (0.3%) by weight of the total capacity of the petroleum underground storage tank system, remains in the tank; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways and ancillary equipment; (3) If another operator does not exist, as provided for under subdivision (b)(1), in addition to satisfying the conditions under subdivision (b)(2), the holder must either: (A) Permanently close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements; or (B) Temporarily close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements: (i) Continue operation and maintenance of petroleum underground storage tank corrosion protection requirements; (ii) Report suspected releases to the department; and (iii) Conduct a site assessment if the petroleum underground storage tank system is temporarily closed for more than twelve (12) months and the petroleum underground storage tank system does not meet either the applicable performance standards for new petroleum underground storage tank systems or the petroleum underground storage tank upgrading requirements, except that the spill and overfill equipment requirements do not have to be met. The holder must report any suspected releases to the department. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date on which the petroleum underground storage tank system is emptied and secured under subdivision (b)(2), whichever is later; (4) The petroleum underground storage tank system can remain in temporary closure until a subsequent purchaser has acquired marketable title to the petroleum underground storage tank or UST system or petroleum site. Once a subsequent purchaser acquires marketable title to the petroleum underground storage tank or UST system or petroleum site, the purchaser must decide whether to operate or close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements.
(1) A holder is not an "operator" of a petroleum underground storage tank or UST system if there is an operator, other than the holder, who is in control of or has responsibility for the daily operation of the petroleum underground storage tank or UST system, and who can be held responsible for compliance with applicable petroleum underground storage tank requirements;
(2) If another operator does not exist, as provided for under subdivision (b)(1), a holder is not an "operator" of the petroleum underground storage tank or UST system, for purposes of compliance with applicable petroleum underground storage tank requirements; provided, that the holder: (A) Empties all of its known petroleum underground storage tanks or UST systems within sixty (60) calendar days after foreclosure or within sixty (60) calendar days after April 12, 1996, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters (2.5 cm.) (one inch (1") of residue, or three-tenths of one percent (0.3%) by weight of the total capacity of the petroleum underground storage tank system, remains in the tank; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways and ancillary equipment; and (B) Empties those petroleum underground storage tanks or UST systems that are discovered after foreclosure within sixty (60) calendar days after discovery or within sixty (60) calendar days of April 12, 1996, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters (2.5 cm.) (one inch (1") of residue, or three-tenths of one percent (0.3%) by weight of the total capacity of the petroleum underground storage tank system, remains in the tank; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways and ancillary equipment;
(A) Empties all of its known petroleum underground storage tanks or UST systems within sixty (60) calendar days after foreclosure or within sixty (60) calendar days after April 12, 1996, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters (2.5 cm.) (one inch (1") of residue, or three-tenths of one percent (0.3%) by weight of the total capacity of the petroleum underground storage tank system, remains in the tank; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways and ancillary equipment; and
(B) Empties those petroleum underground storage tanks or UST systems that are discovered after foreclosure within sixty (60) calendar days after discovery or within sixty (60) calendar days of April 12, 1996, whichever is later, or another reasonable time period specified by the department, so that no more than two and one-half centimeters (2.5 cm.) (one inch (1") of residue, or three-tenths of one percent (0.3%) by weight of the total capacity of the petroleum underground storage tank system, remains in the tank; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways and ancillary equipment;
(3) If another operator does not exist, as provided for under subdivision (b)(1), in addition to satisfying the conditions under subdivision (b)(2), the holder must either: (A) Permanently close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements; or (B) Temporarily close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements: (i) Continue operation and maintenance of petroleum underground storage tank corrosion protection requirements; (ii) Report suspected releases to the department; and (iii) Conduct a site assessment if the petroleum underground storage tank system is temporarily closed for more than twelve (12) months and the petroleum underground storage tank system does not meet either the applicable performance standards for new petroleum underground storage tank systems or the petroleum underground storage tank upgrading requirements, except that the spill and overfill equipment requirements do not have to be met. The holder must report any suspected releases to the department. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date on which the petroleum underground storage tank system is emptied and secured under subdivision (b)(2), whichever is later;
(A) Permanently close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements; or
(B) Temporarily close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements: (i) Continue operation and maintenance of petroleum underground storage tank corrosion protection requirements; (ii) Report suspected releases to the department; and (iii) Conduct a site assessment if the petroleum underground storage tank system is temporarily closed for more than twelve (12) months and the petroleum underground storage tank system does not meet either the applicable performance standards for new petroleum underground storage tank systems or the petroleum underground storage tank upgrading requirements, except that the spill and overfill equipment requirements do not have to be met. The holder must report any suspected releases to the department. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date on which the petroleum underground storage tank system is emptied and secured under subdivision (b)(2), whichever is later;
(i) Continue operation and maintenance of petroleum underground storage tank corrosion protection requirements;
(ii) Report suspected releases to the department; and
(iii) Conduct a site assessment if the petroleum underground storage tank system is temporarily closed for more than twelve (12) months and the petroleum underground storage tank system does not meet either the applicable performance standards for new petroleum underground storage tank systems or the petroleum underground storage tank upgrading requirements, except that the spill and overfill equipment requirements do not have to be met. The holder must report any suspected releases to the department. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date on which the petroleum underground storage tank system is emptied and secured under subdivision (b)(2), whichever is later;
(4) The petroleum underground storage tank system can remain in temporary closure until a subsequent purchaser has acquired marketable title to the petroleum underground storage tank or UST system or petroleum site. Once a subsequent purchaser acquires marketable title to the petroleum underground storage tank or UST system or petroleum site, the purchaser must decide whether to operate or close the petroleum underground storage tank or UST system in accordance with applicable petroleum underground storage tank requirements.
Acts 1996, ch. 733, § 4.
Tenn. Code Ann. § 68-211-871 — TN Code / Title 68 / Chapter 211 / Section 68-211-871
Annual report - Contents - Annual progress report - Sanctions for noncompliance - Annual reports by recovered materials facilities
Status: in_force

(a) The department shall make available on its website, by January 1 of each year, the forms and information to be used by the regions to file an annual progress report. Each region shall submit the annual report to the commissioner by March 31 for the immediately preceding calendar year, in a format to be determined by the commissioner, which will include data on the following: (1) Collection; (2) Recycling; (3) Transportation; (4) Disposal; (5) Public costs; and (6) Any other information that the board, by rule, deems relevant to solid waste planning and management. (b) After approval of the plan required by § 68-211-814 , the commissioner shall require that a region submit an annual progress report on implementation of such plan in conjunction with the annual report required by this section. (c) The region may require each person actively and regularly engaged in the collection, transportation and disposal of municipal solid waste, or the recovery or recycling of materials, in the county or counties constituting the region to provide any information necessary for the region to comply with the reporting requirements of this section. (d) The region may bring an action for mandatory injunction in the chancery court against any person failing to properly report in accordance with this section in order to compel compliance. The region shall be entitled to recover all costs and attorney's fees from any person failing to comply with the reporting requirements of this section. (e) Any person operating a recovered materials processing facility shall report annually the quantities of recovered materials processed at that facility, by type of material, directly to the department or its designee, in a manner approved by the department. The department may enter into agreements with private recycling organizations to facilitate the gathering of such information. Such information shall be treated as proprietary information but may be compiled and reported in cumulative statewide totals, by type of recovered material. Such information may not be released to the public in such a manner as to identify it with an individual recovered materials processing facility. A recovered materials processing facility which fully complies with the reporting requirements of this subsection (e) shall not be subject to the reporting requirements of subsection (c), for information solely related to the operation of the recovered materials processing facility. Acts 1991, ch. 451, § 49; T.C.A., § 68-31-871; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 41; 2007 , ch. 462, § 18.
(a) The department shall make available on its website, by January 1 of each year, the forms and information to be used by the regions to file an annual progress report. Each region shall submit the annual report to the commissioner by March 31 for the immediately preceding calendar year, in a format to be determined by the commissioner, which will include data on the following: (1) Collection; (2) Recycling; (3) Transportation; (4) Disposal; (5) Public costs; and (6) Any other information that the board, by rule, deems relevant to solid waste planning and management.
(1) Collection;
(2) Recycling;
(3) Transportation;
(4) Disposal;
(5) Public costs; and
(6) Any other information that the board, by rule, deems relevant to solid waste planning and management.
(b) After approval of the plan required by § 68-211-814 , the commissioner shall require that a region submit an annual progress report on implementation of such plan in conjunction with the annual report required by this section.
(c) The region may require each person actively and regularly engaged in the collection, transportation and disposal of municipal solid waste, or the recovery or recycling of materials, in the county or counties constituting the region to provide any information necessary for the region to comply with the reporting requirements of this section.
(d) The region may bring an action for mandatory injunction in the chancery court against any person failing to properly report in accordance with this section in order to compel compliance. The region shall be entitled to recover all costs and attorney's fees from any person failing to comply with the reporting requirements of this section.
(e) Any person operating a recovered materials processing facility shall report annually the quantities of recovered materials processed at that facility, by type of material, directly to the department or its designee, in a manner approved by the department. The department may enter into agreements with private recycling organizations to facilitate the gathering of such information. Such information shall be treated as proprietary information but may be compiled and reported in cumulative statewide totals, by type of recovered material. Such information may not be released to the public in such a manner as to identify it with an individual recovered materials processing facility. A recovered materials processing facility which fully complies with the reporting requirements of this subsection (e) shall not be subject to the reporting requirements of subsection (c), for information solely related to the operation of the recovered materials processing facility.
Acts 1991, ch. 451, § 49; T.C.A., § 68-31-871; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 41; 2007 , ch. 462, § 18.
Tenn. Code Ann. § 68-202-303 — TN Code / Title 68 / Chapter 202 / Section 68-202-303
Order for removal or remedy
Status: in_force

If the inspection reveals the presence of such dangerous and improperly safeguarded radiation sources, the commissioner shall issue an emergency order demanding the same be removed and properly disposed of or the situation otherwise remedied and such order shall be complied with immediately. Acts 1974, ch. 678, § 3; T.C.A., §§ 53-3316, 68-23-303.
If the inspection reveals the presence of such dangerous and improperly safeguarded radiation sources, the commissioner shall issue an emergency order demanding the same be removed and properly disposed of or the situation otherwise remedied and such order shall be complied with immediately.
Acts 1974, ch. 678, § 3; T.C.A., §§ 53-3316, 68-23-303.
Tenn. Code Ann. § 68-221-603 — TN Code / Title 68 / Chapter 221 / Section 68-221-603
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authority" means a water and wastewater treatment authority created pursuant to this part; (2) "Board" means the board of commissioners of an authority; (3) "Bonds" includes notes, interim certificates or other obligations of an authority; (4) "Creating governmental entity" means any city, metropolitan government or county which creates an authority pursuant to this part; (5) "Executive officer" means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity; (6) "Governing body" means the chief legislative body of any creating or participating governmental entity; (7) "Participating governmental entity" means any utility district, metropolitan government, city, town or county; which utility district, city, town or county, pursuant to a resolution of its governing body, shall have sold, leased, dedicated, donated or otherwise conveyed its water or wastewater treatment works, or both, or a portion thereof, to the authority for operation by the authority in order to make such treatment works an operational part of its treatment works; (8) "State" means the state of Tennessee; and (9) "Treatment works" means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities, and any works. Acts 1974, ch. 605, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 53-6003, 68-13-603; Acts 2003, ch. 90, § 2.
As used in this part, unless the context otherwise requires:
(1) "Authority" means a water and wastewater treatment authority created pursuant to this part;
(2) "Board" means the board of commissioners of an authority;
(3) "Bonds" includes notes, interim certificates or other obligations of an authority;
(4) "Creating governmental entity" means any city, metropolitan government or county which creates an authority pursuant to this part;
(5) "Executive officer" means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity;
(6) "Governing body" means the chief legislative body of any creating or participating governmental entity;
(7) "Participating governmental entity" means any utility district, metropolitan government, city, town or county; which utility district, city, town or county, pursuant to a resolution of its governing body, shall have sold, leased, dedicated, donated or otherwise conveyed its water or wastewater treatment works, or both, or a portion thereof, to the authority for operation by the authority in order to make such treatment works an operational part of its treatment works;
(8) "State" means the state of Tennessee; and
(9) "Treatment works" means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities, and any works.
Acts 1974, ch. 605, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 53-6003, 68-13-603; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 68-221-412 — TN Code / Title 68 / Chapter 221 / Section 68-221-412
Injunctions
Status: in_force

(a) The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any provision of this part or any rule or regulation promulgated pursuant to this part. (b) It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in bringing such civil action. Acts 1973, ch. 188, § 10; T.C.A., § 53-2053; Acts 1986, ch. 735, § 8; T.C.A., § 68-13-412.
(a) The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any provision of this part or any rule or regulation promulgated pursuant to this part.
(b) It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in bringing such civil action.
Acts 1973, ch. 188, § 10; T.C.A., § 53-2053; Acts 1986, ch. 735, § 8; T.C.A., § 68-13-412.
Tenn. Code Ann. § 68-211-1008 — TN Code / Title 68 / Chapter 211 / Section 68-211-1008
Registration of automotive oil distributors
Status: in_force

Each distributor shall register for each place of business with the commissioner of revenue upon forms prescribed and furnished by such commissioner. Acts 1993, ch. 185, § 9.
Each distributor shall register for each place of business with the commissioner of revenue upon forms prescribed and furnished by such commissioner.
Acts 1993, ch. 185, § 9.
Tenn. Code Ann. § 68-202-406 — TN Code / Title 68 / Chapter 202 / Section 68-202-406
Notice of hearing and procedure
Status: in_force

The commissioner shall inform a specific licensee in writing delivered by certified mail of the commissioner's determination pursuant to § 68-202-402 or § 68-202-405 and the reasons therefor, including references to any radiological surveys which may have been conducted by the department. If the licensee objects to the determination made by the commissioner pursuant to § 68-202-405 , the licensee may, within thirty (30) days, file a written request for a hearing before the commissioner, which shall be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1976, ch. 475, § 6; 1982, ch. 693, § 5; T.C.A., §§ 53-3328, 68-23-406.
The commissioner shall inform a specific licensee in writing delivered by certified mail of the commissioner's determination pursuant to § 68-202-402 or § 68-202-405 and the reasons therefor, including references to any radiological surveys which may have been conducted by the department. If the licensee objects to the determination made by the commissioner pursuant to § 68-202-405 , the licensee may, within thirty (30) days, file a written request for a hearing before the commissioner, which shall be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1976, ch. 475, § 6; 1982, ch. 693, § 5; T.C.A., §§ 53-3328, 68-23-406.
Tenn. Code Ann. § 68-202-212 — TN Code / Title 68 / Chapter 202 / Section 68-202-212
Civil and criminal penalties
Status: in_force

(a) Any person violating any of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, or failing to pay a lawfully levied fee, commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense. (b) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, or who fails to pay a lawfully levied fee is subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person is also liable for any damages to the state resulting from such violations. (c) (1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations. (3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life of the state to their former condition. Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1986, ch. 569, §§ 3, 4; T.C.A., § 68-23-212; Acts 1989, ch. 591, §§ 1, 6.
(a) Any person violating any of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, or failing to pay a lawfully levied fee, commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense.
(b) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, or who fails to pay a lawfully levied fee is subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person is also liable for any damages to the state resulting from such violations.
(c) (1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations. (3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life of the state to their former condition.
(1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law;
(B) Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment;
(C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final;
(D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and
(E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations.
(A) The harm or potential harm done to the public or the environment;
(B) The economic benefit gained by the violators;
(C) The amount of effort put forth by the violator to attain compliance;
(D) Any unusual or extraordinary enforcement cost incurred by the state; and
(E) The need for an economic deterrent from future violations.
(3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life of the state to their former condition.
Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1986, ch. 569, §§ 3, 4; T.C.A., § 68-23-212; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 68-211-831-d-1 — TN Code / Title 68 / Chapter 211 / Section 68-211-831-d-1
2024 Tennessee Code Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-101 — 68-221-1319) ENVIRONMENTAL PROTECTION (§§ 68-201-101 — 68-221-1319) Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) Section 68-211-831 - [Effective 7/1/2025] Investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites
Status: in_force

(a) From funds available from the solid waste management fund, the department may, directly or by contract, provide for the investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites. The department shall attempt to recover funds expended from the person responsible for the disposal of the waste tires or solid waste pursuant to § 68-211-117 . (b) (1) The department may provide funds to a local government for the purposes of this section. The underground storage tanks and solid waste disposal control board may promulgate rules to effectuate the purposes of this section. (2) In determining whether to provide funds to a local government, the department may consider the local government's demonstrated need and the local government's use of funds received pursuant to title 67, chapter 4, part 16. (3) A county requesting funds under this subsection (b) must be in compliance with the reporting requirements under § 67-4-1610(b)(1) , as determined by the commissioner. (4) In addition to the uses set forth in subsection (a), a local government may use the funds provided under this section to issue grants to a private party, other than a person responsible for the illegal disposal of waste tires, for the purpose of investigation and clean-up of privately owned, unpermitted, waste tire disposal sites. Amended by 2024 Tenn. Acts, ch. 614,s 2, eff. 7/1/2025. Acts 1996, ch. 846, § 30. This section is set out more than once due to postponed, multiple, or conflicting amendments.
(a) From funds available from the solid waste management fund, the department may, directly or by contract, provide for the investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites. The department shall attempt to recover funds expended from the person responsible for the disposal of the waste tires or solid waste pursuant to § 68-211-117 .
(b) (1) The department may provide funds to a local government for the purposes of this section. The underground storage tanks and solid waste disposal control board may promulgate rules to effectuate the purposes of this section. (2) In determining whether to provide funds to a local government, the department may consider the local government's demonstrated need and the local government's use of funds received pursuant to title 67, chapter 4, part 16. (3) A county requesting funds under this subsection (b) must be in compliance with the reporting requirements under § 67-4-1610(b)(1) , as determined by the commissioner. (4) In addition to the uses set forth in subsection (a), a local government may use the funds provided under this section to issue grants to a private party, other than a person responsible for the illegal disposal of waste tires, for the purpose of investigation and clean-up of privately owned, unpermitted, waste tire disposal sites.
(1) The department may provide funds to a local government for the purposes of this section. The underground storage tanks and solid waste disposal control board may promulgate rules to effectuate the purposes of this section.
(2) In determining whether to provide funds to a local government, the department may consider the local government's demonstrated need and the local government's use of funds received pursuant to title 67, chapter 4, part 16.
(3) A county requesting funds under this subsection (b) must be in compliance with the reporting requirements under § 67-4-1610(b)(1) , as determined by the commissioner.
(4) In addition to the uses set forth in subsection (a), a local government may use the funds provided under this section to issue grants to a private party, other than a person responsible for the illegal disposal of waste tires, for the purpose of investigation and clean-up of privately owned, unpermitted, waste tire disposal sites.
Amended by 2024 Tenn. Acts, ch. 614,s 2, eff. 7/1/2025.
Acts 1996, ch. 846, § 30.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Tenn. Code Ann. § 68-211-706 — TN Code / Title 68 / Chapter 211 / Section 68-211-706
Applicability - Private, municipal or county landfills
Status: in_force

(a) This part shall not apply to any private landfill that accepts solid waste solely generated by its owner if the waste is solely generated within the county subject to this part and if the private landfill does not accept county or municipal solid waste or ordinary household garbage. (b) This part shall not apply to any municipal or county owned and/or operated landfill. Acts 1989, ch. 515, §§ 10, 12; T.C.A., § 68-31-706; Acts 2009, ch. 199, § 1.
(a) This part shall not apply to any private landfill that accepts solid waste solely generated by its owner if the waste is solely generated within the county subject to this part and if the private landfill does not accept county or municipal solid waste or ordinary household garbage.
(b) This part shall not apply to any municipal or county owned and/or operated landfill.
Acts 1989, ch. 515, §§ 10, 12; T.C.A., § 68-31-706; Acts 2009, ch. 199, § 1.
Tenn. Code Ann. § 68-202-213 — TN Code / Title 68 / Chapter 202 / Section 68-202-213
Injunctions
Status: in_force

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury. Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-213.
In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury.
Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-213.
Tenn. Code Ann. § 68-202-403 — TN Code / Title 68 / Chapter 202 / Section 68-202-403
Sufficiency of bond
Status: in_force

An acceptable bond shall be a bond issued by a fidelity or surety company authorized to do business in this state, a personal bond supported by such collateral as the commissioner shall deem to be satisfactory, or a cash bond in an amount to be determined by the commissioner. Acts 1976, ch. 475, § 3; T.C.A., §§ 53-3325, 68-23-402.
An acceptable bond shall be a bond issued by a fidelity or surety company authorized to do business in this state, a personal bond supported by such collateral as the commissioner shall deem to be satisfactory, or a cash bond in an amount to be determined by the commissioner.
Acts 1976, ch. 475, § 3; T.C.A., §§ 53-3325, 68-23-402.
Tenn. Code Ann. § 68-201-107 — TN Code / Title 68 / Chapter 201 / Section 68-201-107
Powers and duties of technical secretary
Status: in_force

The technical secretary or such secretary's authorized representative has the power and duty to: (1) Attend all meetings of the board, but not be entitled to a vote; (2) Exercise general supervision over all persons employed by the board and by the air pollution control division or service of the department; (3) Make or cause to be made such investigations as the board may direct or authorize, or as may be warranted due to receipt of information concerning an alleged violation of this part or of any rule, regulation or order promulgated under this part; or as the technical secretary otherwise deems advisable, and for this purpose the technical secretary shall have the right to enter at all reasonable times in or upon any private or public property except private residences; (4) Endeavor to the fullest extent possible to obtain compliance with this part and with rules and regulations promulgated pursuant to this part by conference, conciliation and persuasion; (5) Issue formal notice of complaint and prosecute such complaints before the board; (6) Handle correspondence, keep records, prepare reports and perform such other duties as the board may direct or authorize or as may ensue as an employee of the department; (7) Initiate alert, warning and emergency action in accordance with emergency episode plans and procedures promulgated as rules or regulations by the board; (8) At the technical secretary's discretion, request the presence of an alleged violator of this part or of the regulations at an informal meeting of the staff of the division of air pollution control to show cause why further enforcement action ought not be taken by the department. The proceedings of this meeting need not be recorded; and (9) Establish an expedited review process for any permit filed by a combined heat and power plant or a recoverable waste energy plant as such plant is defined under Subtitle D of the 2007 Energy Independence and Security Act, P.L. 110-140, H.R. 6. Amended by 2013 Tenn. Acts, ch. 181, s 2, eff. 7/1/2013. Acts 1967, ch. 367, § 7; 1970, ch. 539, § 1; 1971, ch. 362, § 8; 1973, ch. 325, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3414; Acts 1984, ch. 788, § 6; T.C.A., § 68-25-107; Acts 2008 , ch. 730, § 2.
The technical secretary or such secretary's authorized representative has the power and duty to:
(1) Attend all meetings of the board, but not be entitled to a vote;
(2) Exercise general supervision over all persons employed by the board and by the air pollution control division or service of the department;
(3) Make or cause to be made such investigations as the board may direct or authorize, or as may be warranted due to receipt of information concerning an alleged violation of this part or of any rule, regulation or order promulgated under this part; or as the technical secretary otherwise deems advisable, and for this purpose the technical secretary shall have the right to enter at all reasonable times in or upon any private or public property except private residences;
(4) Endeavor to the fullest extent possible to obtain compliance with this part and with rules and regulations promulgated pursuant to this part by conference, conciliation and persuasion;
(5) Issue formal notice of complaint and prosecute such complaints before the board;
(6) Handle correspondence, keep records, prepare reports and perform such other duties as the board may direct or authorize or as may ensue as an employee of the department;
(7) Initiate alert, warning and emergency action in accordance with emergency episode plans and procedures promulgated as rules or regulations by the board;
(8) At the technical secretary's discretion, request the presence of an alleged violator of this part or of the regulations at an informal meeting of the staff of the division of air pollution control to show cause why further enforcement action ought not be taken by the department. The proceedings of this meeting need not be recorded; and
(9) Establish an expedited review process for any permit filed by a combined heat and power plant or a recoverable waste energy plant as such plant is defined under Subtitle D of the 2007 Energy Independence and Security Act, P.L. 110-140, H.R. 6.
Amended by 2013 Tenn. Acts, ch. 181, s 2, eff. 7/1/2013.
Acts 1967, ch. 367, § 7; 1970, ch. 539, § 1; 1971, ch. 362, § 8; 1973, ch. 325, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3414; Acts 1984, ch. 788, § 6; T.C.A., § 68-25-107; Acts 2008 , ch. 730, § 2.
Tenn. Code Ann. § 68-202-412 — TN Code / Title 68 / Chapter 202 / Section 68-202-412
Exemptions
Status: in_force

All state agencies and practitioners of the healing arts, except those holding radium 226 therapeutic licenses, are exempt from the requirements of this part. The commissioner is authorized to exempt by rule, regulation, or order based upon such rule or regulation, other classes of specific licensees from the requirements of this part upon the commissioner's determination that such exemption will not result in a risk to the public health, safety or welfare. Acts 1976, ch. 475, § 12; T.C.A., §§ 53-3334, 68-23-412.
All state agencies and practitioners of the healing arts, except those holding radium 226 therapeutic licenses, are exempt from the requirements of this part. The commissioner is authorized to exempt by rule, regulation, or order based upon such rule or regulation, other classes of specific licensees from the requirements of this part upon the commissioner's determination that such exemption will not result in a risk to the public health, safety or welfare.
Acts 1976, ch. 475, § 12; T.C.A., §§ 53-3334, 68-23-412.
Tenn. Code Ann. § 68-221-417 — TN Code / Title 68 / Chapter 221 / Section 68-221-417
Penalty for failure to conduct operation and maintenance checks - Penalty for failure to maintain operation and maintenance contract
Status: in_force

Failure of a property owner to conduct operation and maintenance as required by §§ 68-221-415 and 68-221-416 or to maintain an operation and maintenance contract for an ATS shall constitute an offense punishable as a Class C misdemeanor. Acts 2000, ch. 919, § 4.
Failure of a property owner to conduct operation and maintenance as required by §§ 68-221-415 and 68-221-416 or to maintain an operation and maintenance contract for an ATS shall constitute an offense punishable as a Class C misdemeanor.
Acts 2000, ch. 919, § 4.
Tenn. Code Ann. § 68-211-1009 — TN Code / Title 68 / Chapter 211 / Section 68-211-1009
Payment of fees - Returns
Status: in_force

(a) The fee imposed by this part shall be payable for quarterly periods as follows: (1) January 1 through March 31; (2) April 1 through June 30; (3) July 1 through September 30; and (4) October 1 through December 31. (b) It is the duty of all distributors of automotive oil on or before the twenty-fifth day of the month following the close of the periods set out above to transmit to the commissioner of revenue, upon forms prescribed and furnished by such commissioner, returns showing such information as such commissioner considers pertinent to the administration of this part. A separate return shall be filed for each separate location or business. (c) The return shall be accompanied by payment of all fees due. (d) Failure to file a return and/or pay the fee due under this part prior to the date provided by this section shall cause the fee to become delinquent and subject to interest and penalty as provided in title 67, chapter 1, part 8. Acts 1993, ch. 185, § 10.
(a) The fee imposed by this part shall be payable for quarterly periods as follows: (1) January 1 through March 31; (2) April 1 through June 30; (3) July 1 through September 30; and (4) October 1 through December 31.
(1) January 1 through March 31;
(2) April 1 through June 30;
(3) July 1 through September 30; and
(4) October 1 through December 31.
(b) It is the duty of all distributors of automotive oil on or before the twenty-fifth day of the month following the close of the periods set out above to transmit to the commissioner of revenue, upon forms prescribed and furnished by such commissioner, returns showing such information as such commissioner considers pertinent to the administration of this part. A separate return shall be filed for each separate location or business.
(c) The return shall be accompanied by payment of all fees due.
(d) Failure to file a return and/or pay the fee due under this part prior to the date provided by this section shall cause the fee to become delinquent and subject to interest and penalty as provided in title 67, chapter 1, part 8.
Acts 1993, ch. 185, § 10.
Tenn. Code Ann. § 68-212-227 — TN Code / Title 68 / Chapter 212 / Section 68-212-227
Injunctions or restraining orders to enforce orders, rules or regulations
Status: in_force

In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the board to carry out this part by instituting legal proceedings to enjoin the actual or threatened violations of this part, and the orders, rules or regulations of the commissioner or orders of the board in the chancery court of Davidson County or in the chancery court of the county in which all or a part of the actual or threatened violations has or is about to occur, in the name of the department. In those suits, the court may grant temporary or permanent injunctions or restraining orders. The proceedings shall not be tried by jury. Acts 2007, ch. 362, § 29.
In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the board to carry out this part by instituting legal proceedings to enjoin the actual or threatened violations of this part, and the orders, rules or regulations of the commissioner or orders of the board in the chancery court of Davidson County or in the chancery court of the county in which all or a part of the actual or threatened violations has or is about to occur, in the name of the department. In those suits, the court may grant temporary or permanent injunctions or restraining orders. The proceedings shall not be tried by jury.
Acts 2007, ch. 362, § 29.
Tenn. Code Ann. § 68-202-206 — TN Code / Title 68 / Chapter 202 / Section 68-202-206
Rules and regulations - Conflicting local ordinances, resolutions or regulations
Status: in_force

(a) The commissioner is authorized to promulgate and adopt such rules and regulations as are required elsewhere in this part or are otherwise necessary or desirable to implement this part. Such rules and regulations shall include: (1) Requirements and standards regarding the manufacture, use, receipt, possession, storage and disposal of radiation sources; (2) Licensing requirements and standards regarding the packaging or containerization, loading of transport vehicles and shipping of radioactive materials to a licensee in Tennessee; (3) Requirements and procedures governing application for and issuance, renewal, modification, suspension, revocation or denial of licenses to persons who use, receive, possess, store or dispose of by-product, source and special nuclear, and other radioactive sources; and (4) Provision for the assessment and collection of fees for processing, issuance, maintenance or modification of licenses as provided in this part. (b) No ordinance, resolution or regulation concerning control of sources of ionizing radiation adopted by any municipality, county or local board of health shall be in conflict with this part or rules or regulations adopted pursuant thereto. Acts 1959, ch. 66, § 6; 1961, ch. 9, §§ 1, 2; 1971, ch. 42, § 8; 1976, ch. 405, § 2; T.C.A., § 53-3306; Acts 1986, ch. 569, § 1; T.C.A., § 68-23-206.
(a) The commissioner is authorized to promulgate and adopt such rules and regulations as are required elsewhere in this part or are otherwise necessary or desirable to implement this part. Such rules and regulations shall include: (1) Requirements and standards regarding the manufacture, use, receipt, possession, storage and disposal of radiation sources; (2) Licensing requirements and standards regarding the packaging or containerization, loading of transport vehicles and shipping of radioactive materials to a licensee in Tennessee; (3) Requirements and procedures governing application for and issuance, renewal, modification, suspension, revocation or denial of licenses to persons who use, receive, possess, store or dispose of by-product, source and special nuclear, and other radioactive sources; and (4) Provision for the assessment and collection of fees for processing, issuance, maintenance or modification of licenses as provided in this part.
(1) Requirements and standards regarding the manufacture, use, receipt, possession, storage and disposal of radiation sources;
(2) Licensing requirements and standards regarding the packaging or containerization, loading of transport vehicles and shipping of radioactive materials to a licensee in Tennessee;
(3) Requirements and procedures governing application for and issuance, renewal, modification, suspension, revocation or denial of licenses to persons who use, receive, possess, store or dispose of by-product, source and special nuclear, and other radioactive sources; and
(4) Provision for the assessment and collection of fees for processing, issuance, maintenance or modification of licenses as provided in this part.
(b) No ordinance, resolution or regulation concerning control of sources of ionizing radiation adopted by any municipality, county or local board of health shall be in conflict with this part or rules or regulations adopted pursuant thereto.
Acts 1959, ch. 66, § 6; 1961, ch. 9, §§ 1, 2; 1971, ch. 42, § 8; 1976, ch. 405, § 2; T.C.A., § 53-3306; Acts 1986, ch. 569, § 1; T.C.A., § 68-23-206.
Tenn. Code Ann. § 68-211-1019 — TN Code / Title 68 / Chapter 211 / Section 68-211-1019
Used oil filters
Status: in_force

(a) Used oil filters shall be: (1) Punctured and hot-drained for a minimum of twelve (12) hours; (2) Punctured and cold-drained for a minimum of twenty-four (24) hours; (3) Drained and crushed; or (4) Prepared for disposal as otherwise provided by rules and regulations promulgated by the underground storage tanks and solid waste disposal control board. (b) Subsequent to such draining, draining and crushing or other preparation for disposal, such used oil filters shall be recycled or disposed of in accordance with this chapter and rules and regulations promulgated pursuant to this chapter. Acts 1993, ch. 185, § 20.
(a) Used oil filters shall be: (1) Punctured and hot-drained for a minimum of twelve (12) hours; (2) Punctured and cold-drained for a minimum of twenty-four (24) hours; (3) Drained and crushed; or (4) Prepared for disposal as otherwise provided by rules and regulations promulgated by the underground storage tanks and solid waste disposal control board.
(1) Punctured and hot-drained for a minimum of twelve (12) hours;
(2) Punctured and cold-drained for a minimum of twenty-four (24) hours;
(3) Drained and crushed; or
(4) Prepared for disposal as otherwise provided by rules and regulations promulgated by the underground storage tanks and solid waste disposal control board.
(b) Subsequent to such draining, draining and crushing or other preparation for disposal, such used oil filters shall be recycled or disposed of in accordance with this chapter and rules and regulations promulgated pursuant to this chapter.
Acts 1993, ch. 185, § 20.
Tenn. Code Ann. § 68-212-402 — TN Code / Title 68 / Chapter 212 / Section 68-212-402
Indicia of ownership generally
Status: in_force

A person who maintains indicia of ownership of a site, vessel or facility primarily to protect a security interest in a site, vessel or facility, and who does not participate in the management of the site, vessel or facility and is not an owner or operator of the site, vessel or facility shall not be deemed the discharger or responsible party for a discharge from the site, vessel or facility and shall not be liable for cleanup costs or damages resulting from discharge from the site, vessel or facility pursuant to this chapter, except to the extent that liability may still apply to holders after foreclosure as set forth in § 68-212-403 . The plaintiff or petitioner bears the burden of establishing that the defendant or respondent is liable as an owner or operator. Acts 1995, ch. 375, § 5.
A person who maintains indicia of ownership of a site, vessel or facility primarily to protect a security interest in a site, vessel or facility, and who does not participate in the management of the site, vessel or facility and is not an owner or operator of the site, vessel or facility shall not be deemed the discharger or responsible party for a discharge from the site, vessel or facility and shall not be liable for cleanup costs or damages resulting from discharge from the site, vessel or facility pursuant to this chapter, except to the extent that liability may still apply to holders after foreclosure as set forth in § 68-212-403 . The plaintiff or petitioner bears the burden of establishing that the defendant or respondent is liable as an owner or operator.
Acts 1995, ch. 375, § 5.
Tenn. Code Ann. § 68-221-806 — TN Code / Title 68 / Chapter 221 / Section 68-221-806
Wastewater works grant account
Status: in_force

There is established in the general fund of the state treasury an account to be known as the wastewater works grant account; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner and in such other fund as may be deemed appropriate. Acts 1984, ch. 768, § 6; T.C.A., § 68-13-806.
There is established in the general fund of the state treasury an account to be known as the wastewater works grant account; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner and in such other fund as may be deemed appropriate.
Acts 1984, ch. 768, § 6; T.C.A., § 68-13-806.
Tenn. Code Ann. § 68-211-702 — TN Code / Title 68 / Chapter 211 / Section 68-211-702
Meaning of landfill or landfilling
Status: in_force

For purposes of this part, "landfill or landfilling" means any land used for disposal of solid waste by filling and covering. Acts 1989, ch. 515, § 3; T.C.A., § 68-31-702.
For purposes of this part, "landfill or landfilling" means any land used for disposal of solid waste by filling and covering.
Acts 1989, ch. 515, § 3; T.C.A., § 68-31-702.
Tenn. Code Ann. § 68-221-616 — TN Code / Title 68 / Chapter 221 / Section 68-221-616
Provisions supplemental
Status: in_force

(a) The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this part shall not affect such powers. (b) The powers herein granted may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as herein expressly provided. (c) Any metropolitan government or any home rule municipality authorized hereunder to create a water and wastewater treatment authority may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary. Acts 1974, ch. 605, § 16; T.C.A., §§ 53-6016, 68-13-616.
(a) The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this part shall not affect such powers.
(b) The powers herein granted may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as herein expressly provided.
(c) Any metropolitan government or any home rule municipality authorized hereunder to create a water and wastewater treatment authority may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
Acts 1974, ch. 605, § 16; T.C.A., §§ 53-6016, 68-13-616.
Tenn. Code Ann. § 68-205-101 — TN Code / Title 68 / Chapter 205 / Section 68-205-101
Short title - Legislative intent
Status: in_force

(a) This chapter is known and may be cited as the "Commercial Property Assessed Clean Energy and Resilience Act." (b) It is the intent of the general assembly to authorize the establishment of a commercial property assessed clean energy and storm resiliency (C-PACER) program that jurisdictions may voluntarily implement to ensure that free and willing owners of agricultural, commercial, industrial, and multifamily residential properties can obtain low-cost, long-term financing for qualifying improvements. By authorizing local governments to adopt C-PACER programs, the general assembly finds that a valid public purpose exists because the use of C-PACER will increase economic development, lower insurance costs, and lower disaster and emergency response and aid costs to local governments. C-PACER programs will also decrease energy and water costs and encourage energy and water sustainability. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
(a) This chapter is known and may be cited as the "Commercial Property Assessed Clean Energy and Resilience Act."
(b) It is the intent of the general assembly to authorize the establishment of a commercial property assessed clean energy and storm resiliency (C-PACER) program that jurisdictions may voluntarily implement to ensure that free and willing owners of agricultural, commercial, industrial, and multifamily residential properties can obtain low-cost, long-term financing for qualifying improvements. By authorizing local governments to adopt C-PACER programs, the general assembly finds that a valid public purpose exists because the use of C-PACER will increase economic development, lower insurance costs, and lower disaster and emergency response and aid costs to local governments. C-PACER programs will also decrease energy and water costs and encourage energy and water sustainability.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-215-130 — TN Code / Title 68 / Chapter 215 / Section 68-215-130
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 292, s 8, eff. 7/1/2015. Acts 2005, ch. 283, § 9.
Repealed by 2015 Tenn. Acts, ch. 292, s 8, eff. 7/1/2015.
Acts 2005, ch. 283, § 9.
Tenn. Code Ann. § 68-211-849 — TN Code / Title 68 / Chapter 211 / Section 68-211-849
Reserved
Status: repealed

Acts 2007 , ch. 584, §§ 1, 2.
Tenn. Code Ann. § 68-211-1102 — TN Code / Title 68 / Chapter 211 / Section 68-211-1102
[Effective 7/1/2025] Registration as a waste tire hauler
Status: in_force

(a) (1) A person shall not commercially transport waste tires in this state unless the person has registered with the department as a waste tire hauler in accordance with this section and displays an active decal or placard obtained from the department on a vehicle used to transport waste tires. (2) It is a Class B misdemeanor to transport waste tires in violation of this section. Each day of transport in violation of this section constitutes a separate offense. (b) The department shall administer a waste tire hauler registration program in accordance with rules promulgated by the board. In administering the program, the commissioner may issue, deny, suspend, or revoke waste tire hauler registrations. Registration under this section is deemed to be a license as defined in § 4-5-102 . Suspension or revocation of a registration must be conducted in accordance with § 4-5-320 . (c) A person whose registration has been denied, suspended, or revoked may appeal that decision within thirty (30) days after the decision is issued by filing a written petition with the commissioner setting forth the grounds and reasons for objection to the decision and requesting a hearing before the board. A contested case hearing for a petition filed under this subsection must be conducted in accordance with § 68-211-113(b) . (d) A waste tire hauler must register annually. The annual registration fee is one hundred dollars ($100), and must be allocated to the solid waste management fund established in § 68-211-821 . The application for registration must identify the approximate number of tires to be hauled. An application for renewal must identify the approximate number of tires hauled in the previous year. (e) As a condition of registration, there must be posted with the commissioner a performance bond or other financial assurance acceptable to the commissioner. The amount of the performance bond or other financial assurance must be established by the commissioner based on the approximate number of tires hauled. Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
(a) (1) A person shall not commercially transport waste tires in this state unless the person has registered with the department as a waste tire hauler in accordance with this section and displays an active decal or placard obtained from the department on a vehicle used to transport waste tires. (2) It is a Class B misdemeanor to transport waste tires in violation of this section. Each day of transport in violation of this section constitutes a separate offense.
(1) A person shall not commercially transport waste tires in this state unless the person has registered with the department as a waste tire hauler in accordance with this section and displays an active decal or placard obtained from the department on a vehicle used to transport waste tires.
(2) It is a Class B misdemeanor to transport waste tires in violation of this section. Each day of transport in violation of this section constitutes a separate offense.
(b) The department shall administer a waste tire hauler registration program in accordance with rules promulgated by the board. In administering the program, the commissioner may issue, deny, suspend, or revoke waste tire hauler registrations. Registration under this section is deemed to be a license as defined in § 4-5-102 . Suspension or revocation of a registration must be conducted in accordance with § 4-5-320 .
(c) A person whose registration has been denied, suspended, or revoked may appeal that decision within thirty (30) days after the decision is issued by filing a written petition with the commissioner setting forth the grounds and reasons for objection to the decision and requesting a hearing before the board. A contested case hearing for a petition filed under this subsection must be conducted in accordance with § 68-211-113(b) .
(d) A waste tire hauler must register annually. The annual registration fee is one hundred dollars ($100), and must be allocated to the solid waste management fund established in § 68-211-821 . The application for registration must identify the approximate number of tires to be hauled. An application for renewal must identify the approximate number of tires hauled in the previous year.
(e) As a condition of registration, there must be posted with the commissioner a performance bond or other financial assurance acceptable to the commissioner. The amount of the performance bond or other financial assurance must be established by the commissioner based on the approximate number of tires hauled.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
Tenn. Code Ann. § 68-221-615 — TN Code / Title 68 / Chapter 221 / Section 68-221-615
Dissolution of authority
Status: in_force

(a) Whenever the governing bodies of the creating governmental entity and the participating governmental entities shall each, by resolution, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid, and that such governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of such governmental entities shall execute and file for record with the secretary of state of Tennessee a joint certificate of dissolution reciting such facts and declaring the authority to be dissolved. (b) Upon such filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of such dissolution shall vest in and be delivered to such governmental entities in accordance with the terms of their agreement relating thereto. Acts 1974, ch. 605, § 15; T.C.A., §§ 53-6015, 68-13-615.
(a) Whenever the governing bodies of the creating governmental entity and the participating governmental entities shall each, by resolution, determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid, and that such governmental entities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of such governmental entities shall execute and file for record with the secretary of state of Tennessee a joint certificate of dissolution reciting such facts and declaring the authority to be dissolved.
(b) Upon such filing, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of such dissolution shall vest in and be delivered to such governmental entities in accordance with the terms of their agreement relating thereto.
Acts 1974, ch. 605, § 15; T.C.A., §§ 53-6015, 68-13-615.
Tenn. Code Ann. § 68-215-119 — TN Code / Title 68 / Chapter 215 / Section 68-215-119
Review of orders
Status: in_force

(a) Any person against whom an order is issued may secure a review of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons therein file such petition for hearing before the board no later than thirty (30) days after the date such order is served. (b) Hearings before the board shall be conducted as contested cases and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date is stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but shall not be binding on the board. (c) An appeal may be taken from any final order or other final determination of the board by any party, including the department, who is or may be adversely affected thereby to the chancery court of Davidson County. The chancery court of Davidson County shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this chapter; provided, that the judicial review of any final decision of the board shall be made pursuant to the procedures established and set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2013 Tenn. Acts, ch. 181, s 11, eff. 7/1/2013. Acts 1988, ch. 984, § 21; T.C.A., § 68-53-119; Acts 2008 , ch. 794, § 12.
(a) Any person against whom an order is issued may secure a review of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons therein file such petition for hearing before the board no later than thirty (30) days after the date such order is served.
(b) Hearings before the board shall be conducted as contested cases and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date is stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but shall not be binding on the board.
(c) An appeal may be taken from any final order or other final determination of the board by any party, including the department, who is or may be adversely affected thereby to the chancery court of Davidson County. The chancery court of Davidson County shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this chapter; provided, that the judicial review of any final decision of the board shall be made pursuant to the procedures established and set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2013 Tenn. Acts, ch. 181, s 11, eff. 7/1/2013.
Acts 1988, ch. 984, § 21; T.C.A., § 68-53-119; Acts 2008 , ch. 794, § 12.
Tenn. Code Ann. § 68-221-511 — TN Code / Title 68 / Chapter 221 / Section 68-221-511
Payments made to authority - Special trust funds
Status: in_force

(a) Each municipality having entered into a loan agreement shall remit to the authority such amounts and at such times as shown in the amortization schedule established by the authority. (b) Such funds shall be placed in a special trust fund of the authority created to provide for the payment of principal of, and interest on, bonds and notes issued by the authority for the purpose of providing waterworks loans to municipalities. Acts 1974, ch. 671, § 11; 1978, ch. 843, § 11; T.C.A., § 53-2065; Acts 1989, ch. 233, § 32; T.C.A., § 68-13-511.
(a) Each municipality having entered into a loan agreement shall remit to the authority such amounts and at such times as shown in the amortization schedule established by the authority.
(b) Such funds shall be placed in a special trust fund of the authority created to provide for the payment of principal of, and interest on, bonds and notes issued by the authority for the purpose of providing waterworks loans to municipalities.
Acts 1974, ch. 671, § 11; 1978, ch. 843, § 11; T.C.A., § 53-2065; Acts 1989, ch. 233, § 32; T.C.A., § 68-13-511.
Tenn. Code Ann. § 68-211-817 — TN Code / Title 68 / Chapter 211 / Section 68-211-817
Publicly owned landfills or incinerators - Exclusion of certain solid waste
Status: in_force

A publicly owned landfill or incinerator for disposal of municipal solid waste may exclude solid waste originating outside of the region if such exclusion is consistent with the region's plan submitted pursuant to § 68-211-814 . Acts 1991, ch. 451, § 15; T.C.A., § 68-31-817.
A publicly owned landfill or incinerator for disposal of municipal solid waste may exclude solid waste originating outside of the region if such exclusion is consistent with the region's plan submitted pursuant to § 68-211-814 .
Acts 1991, ch. 451, § 15; T.C.A., § 68-31-817.
Tenn. Code Ann. § 68-212-119 — TN Code / Title 68 / Chapter 212 / Section 68-212-119
Interstate agreements - Governor's authority
Status: in_force

Subject to any necessary appropriation by the general assembly, the governor is authorized to enter into one (1) or more interstate agreements governing the import and export of hazardous waste between this state and other states as may be required by the Comprehensive Environmental Response, Compensation and Liability Act, § 104(c)(9) ( 42 U.S.C. § 9604(c)(9) ). Acts 1989, ch. 552, § 3; T.C.A., § 68-46-119.
Subject to any necessary appropriation by the general assembly, the governor is authorized to enter into one (1) or more interstate agreements governing the import and export of hazardous waste between this state and other states as may be required by the Comprehensive Environmental Response, Compensation and Liability Act, § 104(c)(9) ( 42 U.S.C. § 9604(c)(9) ).
Acts 1989, ch. 552, § 3; T.C.A., § 68-46-119.
Tenn. Code Ann. § 68-221-302 — TN Code / Title 68 / Chapter 221 / Section 68-221-302
Promulgation of emergency rules
Status: in_force

The commissioner of environment and conservation is authorized to promulgate emergency rules in the manner provided under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the program authorized by this part if deemed to be necessary by the commissioner to make full use of available federal funding. Acts 2022, ch. 886, § 10.
The commissioner of environment and conservation is authorized to promulgate emergency rules in the manner provided under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the program authorized by this part if deemed to be necessary by the commissioner to make full use of available federal funding.
Acts 2022, ch. 886, § 10.
Tenn. Code Ann. § 68-221-101 — TN Code / Title 68 / Chapter 221 / Section 68-221-101
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Auxiliary intake" means any piping connection or other device whereby water may be secured from a source other than that normally used; (2) "By-pass" means any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water purification plant; (3) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized agent; (4) "Cross connection" means any physical connection whereby a potable water supply system is connected with any other water supply system, whether public or private, either inside or outside of any building or buildings, in such manner that a flow of water into the potable water supply is possible, either through the manipulation of valves or because of ineffective check or back pressure valves; (5) "Department" means the department of environment and conservation through its executive officer, the commissioner of environment and conservation, or the commissioner's legally designated representative; (6) "Interconnection" means any system of piping or other arrangement whereby a potable water supply is connected directly with a sewer, drain, conduit or other device which does or may carry sewage or other liquid or waste which would be capable of imparting contamination to the potable water supply; (7) "Person" means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country; (8) "Potable water supply" means any public or other water supply, the quality of which is approved by the department for human consumption; (9) "Public sewerage system" means the conduits, sewers, and all devices and appurtenances by means of which sewage is collected, pumped, treated or disposed of finally. "Public sewerage system" does not include systems for private residences or dwellings; (10) "Public water supply" means any waterworks system as defined in subdivision (12), whether privately or publicly owned, where water is furnished to any community, collection or number of individuals for a fee or charge or any other waterworks system which, on account of the people who are or may be affected by the quality of the water, is classified as a public water supply by the department; (11) "Sewage" means all water-carried human and household wastes from residences, buildings, institutions or industrial establishments, together with such ground, surface, or storm water as may be present; and (12) "Waterworks system" means the source of supply and all structures and appurtenances used for the collection, treatment, storage and distribution of water delivered to the consumers. This does not include waterworks systems for private residences or dwellings or waterworks systems for industrial purposes not intended for human consumption. Acts 1945, ch. 52, § 1; C. Supp. 1950, § 5826.1; T.C.A. (orig. ed.), §§ 53-2001, 68-13-101.
As used in this part, unless the context otherwise requires:
(1) "Auxiliary intake" means any piping connection or other device whereby water may be secured from a source other than that normally used;
(2) "By-pass" means any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water purification plant;
(3) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized agent;
(4) "Cross connection" means any physical connection whereby a potable water supply system is connected with any other water supply system, whether public or private, either inside or outside of any building or buildings, in such manner that a flow of water into the potable water supply is possible, either through the manipulation of valves or because of ineffective check or back pressure valves;
(5) "Department" means the department of environment and conservation through its executive officer, the commissioner of environment and conservation, or the commissioner's legally designated representative;
(6) "Interconnection" means any system of piping or other arrangement whereby a potable water supply is connected directly with a sewer, drain, conduit or other device which does or may carry sewage or other liquid or waste which would be capable of imparting contamination to the potable water supply;
(7) "Person" means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country;
(8) "Potable water supply" means any public or other water supply, the quality of which is approved by the department for human consumption;
(9) "Public sewerage system" means the conduits, sewers, and all devices and appurtenances by means of which sewage is collected, pumped, treated or disposed of finally. "Public sewerage system" does not include systems for private residences or dwellings;
(10) "Public water supply" means any waterworks system as defined in subdivision (12), whether privately or publicly owned, where water is furnished to any community, collection or number of individuals for a fee or charge or any other waterworks system which, on account of the people who are or may be affected by the quality of the water, is classified as a public water supply by the department;
(11) "Sewage" means all water-carried human and household wastes from residences, buildings, institutions or industrial establishments, together with such ground, surface, or storm water as may be present; and
(12) "Waterworks system" means the source of supply and all structures and appurtenances used for the collection, treatment, storage and distribution of water delivered to the consumers. This does not include waterworks systems for private residences or dwellings or waterworks systems for industrial purposes not intended for human consumption.
Acts 1945, ch. 52, § 1; C. Supp. 1950, § 5826.1; T.C.A. (orig. ed.), §§ 53-2001, 68-13-101.
Tenn. Code Ann. § 68-211-1010 — TN Code / Title 68 / Chapter 211 / Section 68-211-1010
Deduction granted to distributors paying fees
Status: in_force

For the purposes of compensating the distributor in accounting for and remitting the fee, a distributor shall be allowed a deduction of the fee due, reported and paid to the department of revenue in the amount of two percent (2%) of the amount due on the report, but such deduction shall be limited to fifty dollars ($50.00) per report. No deduction from the fee shall be allowed if any such report or payment of the fee is delinquent. Acts 1993, ch. 185, § 11.
For the purposes of compensating the distributor in accounting for and remitting the fee, a distributor shall be allowed a deduction of the fee due, reported and paid to the department of revenue in the amount of two percent (2%) of the amount due on the report, but such deduction shall be limited to fifty dollars ($50.00) per report. No deduction from the fee shall be allowed if any such report or payment of the fee is delinquent.
Acts 1993, ch. 185, § 11.
Tenn. Code Ann. § 68-211-922 — TN Code / Title 68 / Chapter 211 / Section 68-211-922
Joint exercise of power by authorities
Status: in_force

The powers herein conferred upon authorities created under this part may be exercised by two (2) or more such authorities acting jointly. Acts 1991, ch. 451, § 79; T.C.A., § 68-31-922.
The powers herein conferred upon authorities created under this part may be exercised by two (2) or more such authorities acting jointly.
Acts 1991, ch. 451, § 79; T.C.A., § 68-31-922.
Tenn. Code Ann. § 68-221-1301 — TN Code / Title 68 / Chapter 221 / Section 68-221-1301
Short title
Status: in_force

This part shall be known and may be cited as the "Regional Water and Wastewater Treatment Authority Act." Acts 2007, ch. 250, § 1.
This part shall be known and may be cited as the "Regional Water and Wastewater Treatment Authority Act."
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-221-508 — TN Code / Title 68 / Chapter 221 / Section 68-221-508
Approval of loan agreements - Payments
Status: in_force

(a) All loan agreements entered into pursuant to this part shall be subject to approval by the commissioner of finance and administration and, as to form, by the attorney general and reporter. (b) All payments by the state pursuant to such agreements shall be made upon warrant by the commissioner of finance and administration on vouchers approved by the department, and such payments shall be subject to audit at any time. Acts 1974, ch. 671, § 8; T.C.A., §§ 53-2062, 68-13-508.
(a) All loan agreements entered into pursuant to this part shall be subject to approval by the commissioner of finance and administration and, as to form, by the attorney general and reporter.
(b) All payments by the state pursuant to such agreements shall be made upon warrant by the commissioner of finance and administration on vouchers approved by the department, and such payments shall be subject to audit at any time.
Acts 1974, ch. 671, § 8; T.C.A., §§ 53-2062, 68-13-508.
Tenn. Code Ann. § 68-211-811 — TN Code / Title 68 / Chapter 211 / Section 68-211-811
Municipal solid waste planning district - District needs assessment
Status: in_force

(a) The counties within each development district, as established pursuant to title 13, chapter 14, including all municipalities therein, shall constitute a municipal solid waste planning district. Each district shall submit a district needs assessment for all of the counties within the district to the department of environment and conservation by September 30, 1992. The needs assessment for the municipal solid waste planning district shall be conducted by the staff of the development district. Such staff shall coordinate and maintain the plan. The needs assessment shall be revised to reflect subsequent developments in the district by April 1, 1999, and every five (5) years thereafter. (b) In conjunction with the commissioner, each development district shall sponsor a district-wide meeting to deliver the findings of the district needs assessment to the citizens of the district. (c) The district needs assessment will identify rational waste disposal areas within the district and include at least the following information: (1) Demographic information and projections for a ten-year planning period; (2) An analysis of economic activity within the district; (3) Characterization of the solid waste stream; (4) Projections of solid waste generation for the ten-year planning period; (5) Evaluation of the collection systems for every municipality and county within the district; (6) Evaluation of existing solid waste capacity and management facilities within the district and evaluation of any planned new or expanded facilities; (7) A statement of district goals that are consistent with the state plan; (8) An analysis of existing or potential waste flows within the district and between adjacent districts; (9) A comparison of projected demands from waste generation and importation of waste with available and projected capacity and an identification of potential shortfalls in capacity; and (10) Any additional information as the commissioner may require. Acts 1991, ch. 451, § 10; T.C.A., § 68-31-811; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 9.
(a) The counties within each development district, as established pursuant to title 13, chapter 14, including all municipalities therein, shall constitute a municipal solid waste planning district. Each district shall submit a district needs assessment for all of the counties within the district to the department of environment and conservation by September 30, 1992. The needs assessment for the municipal solid waste planning district shall be conducted by the staff of the development district. Such staff shall coordinate and maintain the plan. The needs assessment shall be revised to reflect subsequent developments in the district by April 1, 1999, and every five (5) years thereafter.
(b) In conjunction with the commissioner, each development district shall sponsor a district-wide meeting to deliver the findings of the district needs assessment to the citizens of the district.
(c) The district needs assessment will identify rational waste disposal areas within the district and include at least the following information: (1) Demographic information and projections for a ten-year planning period; (2) An analysis of economic activity within the district; (3) Characterization of the solid waste stream; (4) Projections of solid waste generation for the ten-year planning period; (5) Evaluation of the collection systems for every municipality and county within the district; (6) Evaluation of existing solid waste capacity and management facilities within the district and evaluation of any planned new or expanded facilities; (7) A statement of district goals that are consistent with the state plan; (8) An analysis of existing or potential waste flows within the district and between adjacent districts; (9) A comparison of projected demands from waste generation and importation of waste with available and projected capacity and an identification of potential shortfalls in capacity; and (10) Any additional information as the commissioner may require.
(1) Demographic information and projections for a ten-year planning period;
(2) An analysis of economic activity within the district;
(3) Characterization of the solid waste stream;
(4) Projections of solid waste generation for the ten-year planning period;
(5) Evaluation of the collection systems for every municipality and county within the district;
(6) Evaluation of existing solid waste capacity and management facilities within the district and evaluation of any planned new or expanded facilities;
(7) A statement of district goals that are consistent with the state plan;
(8) An analysis of existing or potential waste flows within the district and between adjacent districts;
(9) A comparison of projected demands from waste generation and importation of waste with available and projected capacity and an identification of potential shortfalls in capacity; and
(10) Any additional information as the commissioner may require.
Acts 1991, ch. 451, § 10; T.C.A., § 68-31-811; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 9.
Tenn. Code Ann. § 68-221-1010 — TN Code / Title 68 / Chapter 221 / Section 68-221-1010
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 39, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 657, s 11, eff. 3/15/2022. Amended by 2021 Tenn. Acts, ch. 226, s 2, eff. 4/22/2021. Amended by 2018 Tenn. Acts, ch. 646, s 2, eff. 4/9/2018. Amended by 2017 Tenn. Acts, ch. 132, s 2, eff. 4/17/2017. Amended by 2014 Tenn. Acts, ch. 628, s 13, s 14, s 15 eff. 4/4/2014. Amended by 2013 Tenn. Acts, ch. 141, s 7, s 13 eff. 4/12/2013. Acts 1987, ch. 299, § 10; T.C.A., § 68-13-1010; Acts 1992, ch. 1023, § 1; 1993, ch. 288, § 1; 1993, ch. 329, §§ 1, 2; 1997 , ch. 483, §§ 16, 17; 1998, ch. 981, § 1; 2004, ch. 619, §§ 1 - 6; 2007 , ch. 243, § 7; 2009 , ch. 72, § 3; 2010 , ch. 876, §§ 2, 4.
Repealed by 2023 Tenn. Acts, ch. 463, s 39, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 11, eff. 3/15/2022.
Amended by 2021 Tenn. Acts, ch. 226, s 2, eff. 4/22/2021.
Amended by 2018 Tenn. Acts, ch. 646, s 2, eff. 4/9/2018.
Amended by 2017 Tenn. Acts, ch. 132, s 2, eff. 4/17/2017.
Amended by 2014 Tenn. Acts, ch. 628, s 13, s 14, s 15 eff. 4/4/2014.
Amended by 2013 Tenn. Acts, ch. 141, s 7, s 13 eff. 4/12/2013.
Acts 1987, ch. 299, § 10; T.C.A., § 68-13-1010; Acts 1992, ch. 1023, § 1; 1993, ch. 288, § 1; 1993, ch. 329, §§ 1, 2; 1997 , ch. 483, §§ 16, 17; 1998, ch. 981, § 1; 2004, ch. 619, §§ 1 - 6; 2007 , ch. 243, § 7; 2009 , ch. 72, § 3; 2010 , ch. 876, §§ 2, 4.
Tenn. Code Ann. § 68-221-612 — TN Code / Title 68 / Chapter 221 / Section 68-221-612
Powers to incur debt in anticipation of federal or state aid - Sale of bonds to federal agency - Issuance of temporary obligations
Status: in_force

(a) (1) Notwithstanding any other laws of this state or any of its political subdivisions, any authority which has contracted for and accepted an offer or a grant of federal or state aid, or both, for a particular project for which the authority may raise or expend money, may, upon resolution of its board, incur indebtedness in anticipation of the receipt of such aid for the particular project by issuing its general obligation notes payable in not more than one (1) year, which notes may be renewed from time to time by the issue of other notes; provided, that no notes shall be issued or renewed in an amount which at the time of such issuance or renewal exceeds the unpaid amount of the federal or state aid or both in anticipation of which such notes are issued or renewed. (2) To any extent that the federal or state aid in anticipation of which the notes were issued when received exceeds the amount of such aid remaining to be paid under contract or accepted offer, plus the amount of any outstanding notes issued in anticipation thereof, it shall be kept in a separate account and used solely for the payment of such outstanding notes. (b) Every authority has the power and is authorized to: (1) Sell bonds at private sale to any federal agency without any public advertisement; (2) Issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the authority issuing the same may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project; and (3) (A) Issue bond anticipation notes in anticipation of the sale of bonds which have been duly authorized, but all such bond anticipation notes, including any renewals thereof, shall finally mature not later than three (3) years from the date of the original notes. (B) All such bond anticipation notes shall have the same security as the bonds in anticipation of which such notes are issued. Acts 1974, ch. 605, § 12; T.C.A., §§ 53-6012, 68-13-612.
(a) (1) Notwithstanding any other laws of this state or any of its political subdivisions, any authority which has contracted for and accepted an offer or a grant of federal or state aid, or both, for a particular project for which the authority may raise or expend money, may, upon resolution of its board, incur indebtedness in anticipation of the receipt of such aid for the particular project by issuing its general obligation notes payable in not more than one (1) year, which notes may be renewed from time to time by the issue of other notes; provided, that no notes shall be issued or renewed in an amount which at the time of such issuance or renewal exceeds the unpaid amount of the federal or state aid or both in anticipation of which such notes are issued or renewed. (2) To any extent that the federal or state aid in anticipation of which the notes were issued when received exceeds the amount of such aid remaining to be paid under contract or accepted offer, plus the amount of any outstanding notes issued in anticipation thereof, it shall be kept in a separate account and used solely for the payment of such outstanding notes.
(1) Notwithstanding any other laws of this state or any of its political subdivisions, any authority which has contracted for and accepted an offer or a grant of federal or state aid, or both, for a particular project for which the authority may raise or expend money, may, upon resolution of its board, incur indebtedness in anticipation of the receipt of such aid for the particular project by issuing its general obligation notes payable in not more than one (1) year, which notes may be renewed from time to time by the issue of other notes; provided, that no notes shall be issued or renewed in an amount which at the time of such issuance or renewal exceeds the unpaid amount of the federal or state aid or both in anticipation of which such notes are issued or renewed.
(2) To any extent that the federal or state aid in anticipation of which the notes were issued when received exceeds the amount of such aid remaining to be paid under contract or accepted offer, plus the amount of any outstanding notes issued in anticipation thereof, it shall be kept in a separate account and used solely for the payment of such outstanding notes.
(b) Every authority has the power and is authorized to: (1) Sell bonds at private sale to any federal agency without any public advertisement; (2) Issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the authority issuing the same may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project; and (3) (A) Issue bond anticipation notes in anticipation of the sale of bonds which have been duly authorized, but all such bond anticipation notes, including any renewals thereof, shall finally mature not later than three (3) years from the date of the original notes. (B) All such bond anticipation notes shall have the same security as the bonds in anticipation of which such notes are issued.
(1) Sell bonds at private sale to any federal agency without any public advertisement;
(2) Issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the authority issuing the same may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project; and
(3) (A) Issue bond anticipation notes in anticipation of the sale of bonds which have been duly authorized, but all such bond anticipation notes, including any renewals thereof, shall finally mature not later than three (3) years from the date of the original notes. (B) All such bond anticipation notes shall have the same security as the bonds in anticipation of which such notes are issued.
(A) Issue bond anticipation notes in anticipation of the sale of bonds which have been duly authorized, but all such bond anticipation notes, including any renewals thereof, shall finally mature not later than three (3) years from the date of the original notes.
(B) All such bond anticipation notes shall have the same security as the bonds in anticipation of which such notes are issued.
Acts 1974, ch. 605, § 12; T.C.A., §§ 53-6012, 68-13-612.
Tenn. Code Ann. § 68-211-925 — TN Code / Title 68 / Chapter 211 / Section 68-211-925
Liberal construction
Status: in_force

This part is remedial in nature and shall be liberally construed to effect its purpose of providing for a systematic and efficient means of solid waste disposal and encouraging the best utilization and conservation of energy and natural resources. Acts 1991, ch. 451, § 82; T.C.A., § 68-31-925.
This part is remedial in nature and shall be liberally construed to effect its purpose of providing for a systematic and efficient means of solid waste disposal and encouraging the best utilization and conservation of energy and natural resources.
Acts 1991, ch. 451, § 82; T.C.A., § 68-31-925.
Tenn. Code Ann. § 68-205-112 — TN Code / Title 68 / Chapter 205 / Section 68-205-112
Joint implementation or administration of C-PACER program
Status: in_force

(a) A combination of local governments may agree to jointly implement or administer a program under this chapter. (b) If two (2) or more local governments implement a program jointly, then a single public hearing held jointly by the cooperating local governments is sufficient to satisfy § 68-205-105(a)(2) . Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
(a) A combination of local governments may agree to jointly implement or administer a program under this chapter.
(b) If two (2) or more local governments implement a program jointly, then a single public hearing held jointly by the cooperating local governments is sufficient to satisfy § 68-205-105(a)(2) .
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-221-1312 — TN Code / Title 68 / Chapter 221 / Section 68-221-1312
Powers to incur debt in anticipation of federal or state aid - Sale of bonds to federal agency - Issuance of temporary obligations
Status: in_force

(a) (1) Notwithstanding any other laws of this state or any of this state's political subdivisions, any authority that has contracted for and accepted an offer or a grant of federal or state aid, or both, for a particular project for which the authority may raise or expend money, may, upon resolution of its board, incur indebtedness in anticipation of the receipt of the aid for the particular project by issuing the authority's general obligation notes payable in not more than one (1) year, which notes may be renewed from time to time by the issue of other notes; provided, that no notes shall be issued or renewed in an amount that at the time of issuance or renewal exceeds the unpaid amount of the federal or state aid, or both, in anticipation of which the notes are issued or renewed. (2) To any extent that the federal or state aid in anticipation of which the notes were issued when received exceeds the amount of aid remaining to be paid under contract or accepted offer, plus the amount of any outstanding notes issued in anticipation of the state or federal aid, the excess shall be kept in a separate account and used solely for the payment of the outstanding notes. (b) Every authority has the power and is authorized to: (1) Sell bonds at private sale to any federal agency without any public advertisement; (2) Issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the authority issuing the interim receipts, certificates or other temporary obligations may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project; and (3) (A) Issue bond anticipation notes in anticipation of the sale of bonds that have been duly authorized, but all those bond anticipation notes, including any renewals of the bond anticipation notes, shall finally mature not later than three (3) years from the date of the original notes. (B) All such bond anticipation notes shall have the same security as the bonds in anticipation of which the notes are issued. Acts 2007, ch. 250, § 1.
(a) (1) Notwithstanding any other laws of this state or any of this state's political subdivisions, any authority that has contracted for and accepted an offer or a grant of federal or state aid, or both, for a particular project for which the authority may raise or expend money, may, upon resolution of its board, incur indebtedness in anticipation of the receipt of the aid for the particular project by issuing the authority's general obligation notes payable in not more than one (1) year, which notes may be renewed from time to time by the issue of other notes; provided, that no notes shall be issued or renewed in an amount that at the time of issuance or renewal exceeds the unpaid amount of the federal or state aid, or both, in anticipation of which the notes are issued or renewed. (2) To any extent that the federal or state aid in anticipation of which the notes were issued when received exceeds the amount of aid remaining to be paid under contract or accepted offer, plus the amount of any outstanding notes issued in anticipation of the state or federal aid, the excess shall be kept in a separate account and used solely for the payment of the outstanding notes.
(1) Notwithstanding any other laws of this state or any of this state's political subdivisions, any authority that has contracted for and accepted an offer or a grant of federal or state aid, or both, for a particular project for which the authority may raise or expend money, may, upon resolution of its board, incur indebtedness in anticipation of the receipt of the aid for the particular project by issuing the authority's general obligation notes payable in not more than one (1) year, which notes may be renewed from time to time by the issue of other notes; provided, that no notes shall be issued or renewed in an amount that at the time of issuance or renewal exceeds the unpaid amount of the federal or state aid, or both, in anticipation of which the notes are issued or renewed.
(2) To any extent that the federal or state aid in anticipation of which the notes were issued when received exceeds the amount of aid remaining to be paid under contract or accepted offer, plus the amount of any outstanding notes issued in anticipation of the state or federal aid, the excess shall be kept in a separate account and used solely for the payment of the outstanding notes.
(b) Every authority has the power and is authorized to: (1) Sell bonds at private sale to any federal agency without any public advertisement; (2) Issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the authority issuing the interim receipts, certificates or other temporary obligations may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project; and (3) (A) Issue bond anticipation notes in anticipation of the sale of bonds that have been duly authorized, but all those bond anticipation notes, including any renewals of the bond anticipation notes, shall finally mature not later than three (3) years from the date of the original notes. (B) All such bond anticipation notes shall have the same security as the bonds in anticipation of which the notes are issued.
(1) Sell bonds at private sale to any federal agency without any public advertisement;
(2) Issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the authority issuing the interim receipts, certificates or other temporary obligations may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project; and
(3) (A) Issue bond anticipation notes in anticipation of the sale of bonds that have been duly authorized, but all those bond anticipation notes, including any renewals of the bond anticipation notes, shall finally mature not later than three (3) years from the date of the original notes. (B) All such bond anticipation notes shall have the same security as the bonds in anticipation of which the notes are issued.
(A) Issue bond anticipation notes in anticipation of the sale of bonds that have been duly authorized, but all those bond anticipation notes, including any renewals of the bond anticipation notes, shall finally mature not later than three (3) years from the date of the original notes.
(B) All such bond anticipation notes shall have the same security as the bonds in anticipation of which the notes are issued.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-212-110 — TN Code / Title 68 / Chapter 212 / Section 68-212-110
Fees - Consequences of failure to pay
Status: in_force

(a) The board shall establish a schedule of fees for hazardous waste generators, hazardous waste transporters, operators of hazardous waste transfer facilities; applicants and holders of permits for the storage, reclamation, treatment or disposal of hazardous waste; and for the generation, storage, transportation, reclamation or treatment of those hazardous secondary materials that, if discarded, would be identified as spent materials, listed by-products or listed sludges. The board shall not establish fees for those hazardous secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process; provided, that only tank storage is involved and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance. To establish an incentive to minimize risk to public health and the environment, the board shall consider the following factors in establishing the fees: (1) Off-site versus on-site facility; (2) Facility design capacity; and (3) Storage or treatment operation versus disposal operation. (b) Expenditures of such fees collected shall be restricted to operations of the hazardous waste management program established pursuant to this part. (c) Upon failure or refusal of an operator of a facility, transporter, or generator to pay a fee lawfully levied within a reasonable time allowed by the commissioner, the commissioner then may apply to a court of competent jurisdiction for a judgment and seek execution of such judgment. (d) Failure of a permit applicant to pay the required fee shall constitute grounds for denial of a permit. Failure of a permittee to pay the required annual fee shall constitute grounds for revocation of the permittee's permit. (e) If any part of any fee imposed under this part is not paid on or before its due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the last day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee. At the commissioner's sole discretion, the commissioner may reduce the penalties that otherwise accrue pursuant to this section or chapter 203 of this title if, in the commissioner's opinion, the failure to pay fees was due to inadvertent error or excusable neglect; however, in no event shall the penalties be reduced to an amount less than ten percent (10%) per annum, plus statutory interest. Nothing in this section shall be construed as requiring the issuance of a commissioner's order for the payment of a fee or a late payment penalty. Acts 1977, ch. 175, § 9; 1980, ch. 899, § 13; 1981, ch. 174, §§ 21-23; T.C.A., § 53-6310; Acts 1983, ch. 317, § 3; 1984, ch. 908, §§ 3, 4, 6; 1986, ch. 644, § 9; 1989, ch. 321, § 13; 1991, ch. 417, § 8; T.C.A., § 68-46-110; Acts 1992, ch. 827, § 1; 2007, ch. 362, § 17; 2009, ch. 531, § 8.
(a) The board shall establish a schedule of fees for hazardous waste generators, hazardous waste transporters, operators of hazardous waste transfer facilities; applicants and holders of permits for the storage, reclamation, treatment or disposal of hazardous waste; and for the generation, storage, transportation, reclamation or treatment of those hazardous secondary materials that, if discarded, would be identified as spent materials, listed by-products or listed sludges. The board shall not establish fees for those hazardous secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process; provided, that only tank storage is involved and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance. To establish an incentive to minimize risk to public health and the environment, the board shall consider the following factors in establishing the fees: (1) Off-site versus on-site facility; (2) Facility design capacity; and (3) Storage or treatment operation versus disposal operation.
(1) Off-site versus on-site facility;
(2) Facility design capacity; and
(3) Storage or treatment operation versus disposal operation.
(b) Expenditures of such fees collected shall be restricted to operations of the hazardous waste management program established pursuant to this part.
(c) Upon failure or refusal of an operator of a facility, transporter, or generator to pay a fee lawfully levied within a reasonable time allowed by the commissioner, the commissioner then may apply to a court of competent jurisdiction for a judgment and seek execution of such judgment.
(d) Failure of a permit applicant to pay the required fee shall constitute grounds for denial of a permit. Failure of a permittee to pay the required annual fee shall constitute grounds for revocation of the permittee's permit.
(e) If any part of any fee imposed under this part is not paid on or before its due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the last day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee. At the commissioner's sole discretion, the commissioner may reduce the penalties that otherwise accrue pursuant to this section or chapter 203 of this title if, in the commissioner's opinion, the failure to pay fees was due to inadvertent error or excusable neglect; however, in no event shall the penalties be reduced to an amount less than ten percent (10%) per annum, plus statutory interest. Nothing in this section shall be construed as requiring the issuance of a commissioner's order for the payment of a fee or a late payment penalty.
Acts 1977, ch. 175, § 9; 1980, ch. 899, § 13; 1981, ch. 174, §§ 21-23; T.C.A., § 53-6310; Acts 1983, ch. 317, § 3; 1984, ch. 908, §§ 3, 4, 6; 1986, ch. 644, § 9; 1989, ch. 321, § 13; 1991, ch. 417, § 8; T.C.A., § 68-46-110; Acts 1992, ch. 827, § 1; 2007, ch. 362, § 17; 2009, ch. 531, § 8.
Tenn. Code Ann. § 68-211-1101 — TN Code / Title 68 / Chapter 211 / Section 68-211-1101
[Effective 7/1/2025] Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Beneficial end use" has the same meaning as in § 68-211-867 ; (2) "Board" means the underground storage tanks and solid waste disposal control board; (3) "Commissioner" means the commissioner of environment and conservation, or the commissioner's designee; (4) "Department" means the department of environment and conservation; (5) "Manifest" means the form used for identifying the quantity, origin, routing, and destination of waste tires during transportation from the point of generation to the point of disposal, treatment, or storage; (6) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle; (7) "Waste tire hauler" means a person engaged in the commercial transporting of waste tires for the purpose of storage, processing, or disposal; and (8) "Waste tires" means tires that have been previously used in the regular operation of a motor vehicle and have not been processed for beneficial end use or shredded for disposal. Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
As used in this part, unless the context otherwise requires:
(1) "Beneficial end use" has the same meaning as in § 68-211-867 ;
(2) "Board" means the underground storage tanks and solid waste disposal control board;
(3) "Commissioner" means the commissioner of environment and conservation, or the commissioner's designee;
(4) "Department" means the department of environment and conservation;
(5) "Manifest" means the form used for identifying the quantity, origin, routing, and destination of waste tires during transportation from the point of generation to the point of disposal, treatment, or storage;
(6) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle;
(7) "Waste tire hauler" means a person engaged in the commercial transporting of waste tires for the purpose of storage, processing, or disposal; and
(8) "Waste tires" means tires that have been previously used in the regular operation of a motor vehicle and have not been processed for beneficial end use or shredded for disposal.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
Tenn. Code Ann. § 68-221-514 — TN Code / Title 68 / Chapter 221 / Section 68-221-514
Enforcement of agreement by the state
Status: in_force

The state, either through the authority or the department, shall have the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction, to require the municipality and the governing body and any proper officer, agent or employee of the municipality to carry out any agreements and to perform its and their duties under this part or any rule or regulation of the department adopted pursuant thereto. Acts 1974, ch. 671, § 14; T.C.A., § 53-2068; Acts 1989, ch. 233, § 35; T.C.A., § 68-13-514.
The state, either through the authority or the department, shall have the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction, to require the municipality and the governing body and any proper officer, agent or employee of the municipality to carry out any agreements and to perform its and their duties under this part or any rule or regulation of the department adopted pursuant thereto.
Acts 1974, ch. 671, § 14; T.C.A., § 53-2068; Acts 1989, ch. 233, § 35; T.C.A., § 68-13-514.
Tenn. Code Ann. § 68-211-843 — TN Code / Title 68 / Chapter 211 / Section 68-211-843
Information clearinghouse - Regional workshops and conferences
Status: in_force

The commissioner shall establish an information clearinghouse to acquire, review, evaluate and distribute a catalog of materials on source reduction and recycling. The commissioner shall also organize and conduct statewide and regional workshops and conferences on solid waste management, source reduction and recycling. Acts 1991, ch. 451, § 39; T.C.A., § 68-31-843; Acts 1995, ch. 501, § 3.
The commissioner shall establish an information clearinghouse to acquire, review, evaluate and distribute a catalog of materials on source reduction and recycling. The commissioner shall also organize and conduct statewide and regional workshops and conferences on solid waste management, source reduction and recycling.
Acts 1991, ch. 451, § 39; T.C.A., § 68-31-843; Acts 1995, ch. 501, § 3.
Tenn. Code Ann. § 68-201-117 — TN Code / Title 68 / Chapter 201 / Section 68-201-117
Levy of noncompliance and nonpayment penalties - Suit for collection or assessment of penalty
Status: in_force

The technical secretary, the board, and within their respective jurisdictions, the local pollution control programs operating under a certificate of exemption pursuant to § 68-201-115 are authorized to levy noncompliance and nonpayment penalties after appropriate notice and hearing, against any air contaminant source not in final compliance with the applicable Tennessee air pollution control regulations by July 1, 1979. The technical secretary, the board, and the duly exempted local pollution control programs are specifically authorized to accept enforcement responsibility for these civil penalties from the United States environmental protection agency. These penalties are to be equivalent to the economic value a person may realize by a delay in compliance beyond July 1, 1979, including the amount it would have cost the person to comply with all applicable air pollution control regulations had the person chosen to do so. The board shall promulgate regulations specifying the procedures to be used in calculating the penalty and providing for quarterly payment of annualized cost. The technical secretary, the board, and the duly exempted local pollution control programs shall consider the matters in § 120 of the federal Clean Air Act ( 42 U.S.C. § 7420 ) in their actions. The commissioner, the board, and the duly exempted local pollution control programs are also authorized to file suit for the assessment of the penalties as part of any other civil action brought under this part. The commissioner, the board, and the duly exempted local pollution control programs are authorized to file suit for collection or assessment of the civil penalty, along with other equitable relief pursuant to § 68-201-111 in the chancery courts of the county where the pollution is occurring or where the violator or polluter is doing business. The chancery court shall treat a failure to appeal a civil penalty assessment as a confession of judgment by the polluter or violator to the amount of the assessment; and the court is authorized to render judgment and provide for execution of such civil penalties. Such actions for civil penalties shall be triable without a jury. Acts 1979, ch. 299, § 6; T.C.A., §§ 53-3424, 68-25-117.
The technical secretary, the board, and within their respective jurisdictions, the local pollution control programs operating under a certificate of exemption pursuant to § 68-201-115 are authorized to levy noncompliance and nonpayment penalties after appropriate notice and hearing, against any air contaminant source not in final compliance with the applicable Tennessee air pollution control regulations by July 1, 1979. The technical secretary, the board, and the duly exempted local pollution control programs are specifically authorized to accept enforcement responsibility for these civil penalties from the United States environmental protection agency. These penalties are to be equivalent to the economic value a person may realize by a delay in compliance beyond July 1, 1979, including the amount it would have cost the person to comply with all applicable air pollution control regulations had the person chosen to do so. The board shall promulgate regulations specifying the procedures to be used in calculating the penalty and providing for quarterly payment of annualized cost. The technical secretary, the board, and the duly exempted local pollution control programs shall consider the matters in § 120 of the federal Clean Air Act ( 42 U.S.C. § 7420 ) in their actions. The commissioner, the board, and the duly exempted local pollution control programs are also authorized to file suit for the assessment of the penalties as part of any other civil action brought under this part. The commissioner, the board, and the duly exempted local pollution control programs are authorized to file suit for collection or assessment of the civil penalty, along with other equitable relief pursuant to § 68-201-111 in the chancery courts of the county where the pollution is occurring or where the violator or polluter is doing business. The chancery court shall treat a failure to appeal a civil penalty assessment as a confession of judgment by the polluter or violator to the amount of the assessment; and the court is authorized to render judgment and provide for execution of such civil penalties. Such actions for civil penalties shall be triable without a jury.
Acts 1979, ch. 299, § 6; T.C.A., §§ 53-3424, 68-25-117.
Tenn. Code Ann. § 68-212-204 — TN Code / Title 68 / Chapter 212 / Section 68-212-204
Hazardous waste remedial action fund
Status: in_force

(a) There is established within the general fund a special agency account to be known as the "hazardous waste remedial action fund," hereinafter referred to as the "fund." (b) Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this part. (c) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. (d) All fees, civil penalties and fines collected pursuant to this part shall be deposited in the fund; provided, that no fees collected pursuant to § 68-212-110 shall be deposited in the fund. (e) All funds received by the state pursuant to § 3012 of the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6933 ) shall be deposited in the fund. Acts 1983, ch. 423, § 4; T.C.A., § 68-46-204; Acts 1994, ch. 890, § 5.
(a) There is established within the general fund a special agency account to be known as the "hazardous waste remedial action fund," hereinafter referred to as the "fund."
(b) Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this part.
(c) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.
(d) All fees, civil penalties and fines collected pursuant to this part shall be deposited in the fund; provided, that no fees collected pursuant to § 68-212-110 shall be deposited in the fund.
(e) All funds received by the state pursuant to § 3012 of the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6933 ) shall be deposited in the fund.
Acts 1983, ch. 423, § 4; T.C.A., § 68-46-204; Acts 1994, ch. 890, § 5.
Tenn. Code Ann. § 68-221-910 — TN Code / Title 68 / Chapter 221 / Section 68-221-910
Issuance, duration and renewal of certificates - Reciprocity
Status: in_force

(a) (1) Upon satisfactory fulfillment of the requirements and based upon recommendation of the board, the commissioner shall issue a suitable certificate to the applicant designating the applicant's competency. (2) The certificate will indicate that portion of the plant or system for which the operator is qualified. (3) Certificates shall be permanent except as noted subsequently in this part. (b) Certificates shall be renewed annually upon payment of the renewal fee and the fulfillment of continuing education and/or experience requirements established by the board, unless revoked or replaced by one of a higher grade. (c) Operators who desire to become certified in a higher grade must satisfactorily complete the requirements before the certificate is issued. (d) (1) Certificates shall be valid only so long as the holder uses reasonable care, judgment and application of such holder's knowledge in the performance of such holder's duties. (2) No certificate will be valid if obtained through fraud, deceit or the submission of inaccurate data on qualifications. (e) Certificates may be issued, without examination, in a comparable classification to any person who holds a certificate in another state; provided, that the requirements of that state are comparable or higher; and provided further, that such requirements do not conflict with this part. Such issuance of a certificate may be contingent upon reciprocal privileges being granted by that state to an operator from Tennessee. Acts 1984, ch. 812, § 9; T.C.A., § 68-13-910.
(a) (1) Upon satisfactory fulfillment of the requirements and based upon recommendation of the board, the commissioner shall issue a suitable certificate to the applicant designating the applicant's competency. (2) The certificate will indicate that portion of the plant or system for which the operator is qualified. (3) Certificates shall be permanent except as noted subsequently in this part.
(1) Upon satisfactory fulfillment of the requirements and based upon recommendation of the board, the commissioner shall issue a suitable certificate to the applicant designating the applicant's competency.
(2) The certificate will indicate that portion of the plant or system for which the operator is qualified.
(3) Certificates shall be permanent except as noted subsequently in this part.
(b) Certificates shall be renewed annually upon payment of the renewal fee and the fulfillment of continuing education and/or experience requirements established by the board, unless revoked or replaced by one of a higher grade.
(c) Operators who desire to become certified in a higher grade must satisfactorily complete the requirements before the certificate is issued.
(d) (1) Certificates shall be valid only so long as the holder uses reasonable care, judgment and application of such holder's knowledge in the performance of such holder's duties. (2) No certificate will be valid if obtained through fraud, deceit or the submission of inaccurate data on qualifications.
(1) Certificates shall be valid only so long as the holder uses reasonable care, judgment and application of such holder's knowledge in the performance of such holder's duties.
(2) No certificate will be valid if obtained through fraud, deceit or the submission of inaccurate data on qualifications.
(e) Certificates may be issued, without examination, in a comparable classification to any person who holds a certificate in another state; provided, that the requirements of that state are comparable or higher; and provided further, that such requirements do not conflict with this part. Such issuance of a certificate may be contingent upon reciprocal privileges being granted by that state to an operator from Tennessee.
Acts 1984, ch. 812, § 9; T.C.A., § 68-13-910.
Tenn. Code Ann. § 68-211-1104 — TN Code / Title 68 / Chapter 211 / Section 68-211-1104
[Effective 7/1/2025] Civil enforcement
Status: in_force

(a) The commissioner may inspect facilities at which waste tires are generated, transported, processed, stored, or disposed and obtain related records. (b) If the commissioner finds that a provision of this part is not being carried out, and that effective measures are not being taken to comply with this part, then the commissioner may issue an order for correction to the responsible person. The order must be served by personal service or by registered mail. (c) A person against whom an order of correction is issued may seek review of the order by filing with the commissioner a written petition setting forth the grounds and reasons for objection to the order and requesting a hearing before the board. The order issued by the commissioner becomes final and not subject to review unless the person named in the order files the written petition seeking review within thirty (30) days of the date of receipt of the order. (d) A contested case hearing for a petition filed in accordance with subsection (c) must be conducted in accordance with § 68-211-113(b) . (e) A person who violates a provision of this part or a rule, regulation, or standard adopted pursuant to this part is subject to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day for each day of violation. (f) In addition to the civil penalty assessed in subsection (e), the commissioner may assess damages resulting from a person's violation of this part. Damages may include reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land, and other property to its former condition. (g) In addition to issuing an order and assessing penalties or damages under this section, the commissioner may institute legal proceedings to enjoin the violation of this part or a rule, regulation, or standard adopted pursuant to this part, and to enforce final orders in a court of competent jurisdiction. In such a suit, the court may grant a temporary or permanent injunction or restraining order. The proceedings must not be tried by jury. Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
(a) The commissioner may inspect facilities at which waste tires are generated, transported, processed, stored, or disposed and obtain related records.
(b) If the commissioner finds that a provision of this part is not being carried out, and that effective measures are not being taken to comply with this part, then the commissioner may issue an order for correction to the responsible person. The order must be served by personal service or by registered mail.
(c) A person against whom an order of correction is issued may seek review of the order by filing with the commissioner a written petition setting forth the grounds and reasons for objection to the order and requesting a hearing before the board. The order issued by the commissioner becomes final and not subject to review unless the person named in the order files the written petition seeking review within thirty (30) days of the date of receipt of the order.
(d) A contested case hearing for a petition filed in accordance with subsection (c) must be conducted in accordance with § 68-211-113(b) .
(e) A person who violates a provision of this part or a rule, regulation, or standard adopted pursuant to this part is subject to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day for each day of violation.
(f) In addition to the civil penalty assessed in subsection (e), the commissioner may assess damages resulting from a person's violation of this part. Damages may include reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land, and other property to its former condition.
(g) In addition to issuing an order and assessing penalties or damages under this section, the commissioner may institute legal proceedings to enjoin the violation of this part or a rule, regulation, or standard adopted pursuant to this part, and to enforce final orders in a court of competent jurisdiction. In such a suit, the court may grant a temporary or permanent injunction or restraining order. The proceedings must not be tried by jury.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
Tenn. Code Ann. § 68-217-108 — TN Code / Title 68 / Chapter 217 / Section 68-217-108
Refusal to pay registration fees or surcharges
Status: in_force

(a) Upon failure or refusal of a seller of drycleaning solvent, an owner or operator of a drycleaning facility, an in-state wholesale distribution facility, or the current or prior owner or operator of an abandoned drycleaning facility, subject to payment by regulation, to pay a registration fee or solvent surcharge, lawfully levied within a reasonable time allowed by the commissioner, the commissioner may proceed in the court of competent jurisdiction to obtain judgment and seek execution of such judgment. (b) Any person who fails or refuses to pay a lawfully levied registration fee or solvent surcharge or any part of that registration fee or solvent surcharge by its due date shall be assessed a penalty of up to fifty dollars ($50.00) for each day that passes after the fee or surcharge is due and before such fee or surcharge is paid. Nothing in this section shall be construed as requiring the issuance of a commissioner's order for the payment of a registration fee or a late payment penalty. (c) No owner or operator shall receive a registration certificate as required under § 68-217-106(a) until all fees, surcharges and penalties required by this chapter are paid in full. Acts 1995, ch. 541, § 8; 1996, ch. 860, §§ 7-11; 2002, ch. 598, § 7.
(a) Upon failure or refusal of a seller of drycleaning solvent, an owner or operator of a drycleaning facility, an in-state wholesale distribution facility, or the current or prior owner or operator of an abandoned drycleaning facility, subject to payment by regulation, to pay a registration fee or solvent surcharge, lawfully levied within a reasonable time allowed by the commissioner, the commissioner may proceed in the court of competent jurisdiction to obtain judgment and seek execution of such judgment.
(b) Any person who fails or refuses to pay a lawfully levied registration fee or solvent surcharge or any part of that registration fee or solvent surcharge by its due date shall be assessed a penalty of up to fifty dollars ($50.00) for each day that passes after the fee or surcharge is due and before such fee or surcharge is paid. Nothing in this section shall be construed as requiring the issuance of a commissioner's order for the payment of a registration fee or a late payment penalty.
(c) No owner or operator shall receive a registration certificate as required under § 68-217-106(a) until all fees, surcharges and penalties required by this chapter are paid in full.
Acts 1995, ch. 541, § 8; 1996, ch. 860, §§ 7-11; 2002, ch. 598, § 7.
Tenn. Code Ann. § 68-211-603 — TN Code / Title 68 / Chapter 211 / Section 68-211-603
Solid waste management plans
Status: in_force

(a) The commissioner of environment and conservation shall establish a comprehensive solid waste management plan for the state. The state plan shall have as its priority the reduction of the volume of wastes going to incinerators or landfills by means of local and regional recycling programs, mulching and composting of yard wastes and other suitable materials, and any other means of ensuring that incinerators and landfills operate in an environmentally and economically sound manner. The state plan shall identify incentives and systems that political subdivisions of this state may use to facilitate recycling and reuse of construction waste. (b) The state plan shall include provisions for planning, funding, and implementation of the plan, technical and financial assistance and educational programs. Educational programs shall be designed to teach persons living or working in the state the economic, environmental, and energy value of solid waste reduction and encourage them through a variety of means to participate in such activities. (c) In preparing the state plan, the commissioner may evaluate the use of composting as a method of diverting waste from landfills across all of the political subdivisions of this state. The state plan shall include recommendations for: (1) Large scale composting in major metropolitan areas; and (2) Composting strategies that may be applied by specific types of waste producers, including higher education institutions, food service establishments, food retailers, and neighborhood groups. (d) The state plan shall include recommendations for a statewide system of collecting recyclable plastics that is based on regional collection centers. (e) The state plan shall also encourage governmental entities, to the greatest extent practicable, to procure and use products and materials with recycled content and to procure and use materials that are recyclable. (f) The commissioner has the following authority and responsibilities in the development of the state and regional solid waste management plans: (1) Formulate goals, standards, and criteria for the planning, funding, implementation, and effective maintenance of the comprehensive solid waste management program; (2) Assist in the preparation and adoption of regional solid waste management plans by the state's nine (9) development districts, in accordance with the state plan; (3) Ensure that each regional solid waste management plan and the state plan include effective citizen participation programs; (4) Establish time frames for the timely completion of regional solid waste management plans; (5) Contract with public or private entities to provide services necessary to comply with this part; (6) Develop a cost accounting system for use in the development of the state and regional plans and for use by local governments in assessing current and future costs, including avoided costs, for any methods of solid waste management deemed appropriate, including at least recycling, mulching, composting, incinerating and landfilling; and (7) Describe in the state plan, on a county by county basis, the solid waste management methods utilized in each county and an inventory of facilities, services, and programs (both profit and not-for-profit) utilized for solid waste management and management of recycling. (g) The nine (9) development districts shall prepare and adopt regional solid waste management plans, consistent with the priorities and criteria of the state plan. (h) The commissioner shall supplement the state plan that was established most recent to March 23, 2016, by conducting a study to define the processing of organic waste and incorporating the findings and recommendations that are derived from such study into the state plan. Amended by 2016 Tenn. Acts, ch. 648,s 1, eff. 3/23/2016. Amended by 2014 Tenn. Acts, ch. 967,s 3, eff. 5/19/2014. Amended by 2014 Tenn. Acts, ch. 967,s 2, eff. 5/19/2014. Acts 1989, ch. 250, § 3; 1991, ch. 451, § 83; T.C.A., § 68-31-603; Acts 1995, ch. 501, § 3.
(a) The commissioner of environment and conservation shall establish a comprehensive solid waste management plan for the state. The state plan shall have as its priority the reduction of the volume of wastes going to incinerators or landfills by means of local and regional recycling programs, mulching and composting of yard wastes and other suitable materials, and any other means of ensuring that incinerators and landfills operate in an environmentally and economically sound manner. The state plan shall identify incentives and systems that political subdivisions of this state may use to facilitate recycling and reuse of construction waste.
(b) The state plan shall include provisions for planning, funding, and implementation of the plan, technical and financial assistance and educational programs. Educational programs shall be designed to teach persons living or working in the state the economic, environmental, and energy value of solid waste reduction and encourage them through a variety of means to participate in such activities.
(c) In preparing the state plan, the commissioner may evaluate the use of composting as a method of diverting waste from landfills across all of the political subdivisions of this state. The state plan shall include recommendations for: (1) Large scale composting in major metropolitan areas; and (2) Composting strategies that may be applied by specific types of waste producers, including higher education institutions, food service establishments, food retailers, and neighborhood groups.
(1) Large scale composting in major metropolitan areas; and
(2) Composting strategies that may be applied by specific types of waste producers, including higher education institutions, food service establishments, food retailers, and neighborhood groups.
(d) The state plan shall include recommendations for a statewide system of collecting recyclable plastics that is based on regional collection centers.
(e) The state plan shall also encourage governmental entities, to the greatest extent practicable, to procure and use products and materials with recycled content and to procure and use materials that are recyclable.
(f) The commissioner has the following authority and responsibilities in the development of the state and regional solid waste management plans: (1) Formulate goals, standards, and criteria for the planning, funding, implementation, and effective maintenance of the comprehensive solid waste management program; (2) Assist in the preparation and adoption of regional solid waste management plans by the state's nine (9) development districts, in accordance with the state plan; (3) Ensure that each regional solid waste management plan and the state plan include effective citizen participation programs; (4) Establish time frames for the timely completion of regional solid waste management plans; (5) Contract with public or private entities to provide services necessary to comply with this part; (6) Develop a cost accounting system for use in the development of the state and regional plans and for use by local governments in assessing current and future costs, including avoided costs, for any methods of solid waste management deemed appropriate, including at least recycling, mulching, composting, incinerating and landfilling; and (7) Describe in the state plan, on a county by county basis, the solid waste management methods utilized in each county and an inventory of facilities, services, and programs (both profit and not-for-profit) utilized for solid waste management and management of recycling.
(1) Formulate goals, standards, and criteria for the planning, funding, implementation, and effective maintenance of the comprehensive solid waste management program;
(2) Assist in the preparation and adoption of regional solid waste management plans by the state's nine (9) development districts, in accordance with the state plan;
(3) Ensure that each regional solid waste management plan and the state plan include effective citizen participation programs;
(4) Establish time frames for the timely completion of regional solid waste management plans;
(5) Contract with public or private entities to provide services necessary to comply with this part;
(6) Develop a cost accounting system for use in the development of the state and regional plans and for use by local governments in assessing current and future costs, including avoided costs, for any methods of solid waste management deemed appropriate, including at least recycling, mulching, composting, incinerating and landfilling; and
(7) Describe in the state plan, on a county by county basis, the solid waste management methods utilized in each county and an inventory of facilities, services, and programs (both profit and not-for-profit) utilized for solid waste management and management of recycling.
(g) The nine (9) development districts shall prepare and adopt regional solid waste management plans, consistent with the priorities and criteria of the state plan.
(h) The commissioner shall supplement the state plan that was established most recent to March 23, 2016, by conducting a study to define the processing of organic waste and incorporating the findings and recommendations that are derived from such study into the state plan.
Amended by 2016 Tenn. Acts, ch. 648,s 1, eff. 3/23/2016.
Amended by 2014 Tenn. Acts, ch. 967,s 3, eff. 5/19/2014.
Amended by 2014 Tenn. Acts, ch. 967,s 2, eff. 5/19/2014.
Acts 1989, ch. 250, § 3; 1991, ch. 451, § 83; T.C.A., § 68-31-603; Acts 1995, ch. 501, § 3.
Tenn. Code Ann. § 68-221-519 — TN Code / Title 68 / Chapter 221 / Section 68-221-519
Loans made retroactively
Status: in_force

To the extent that a loan is made retroactively under this part for an eligible project that has been financed by other funds, such loan may be used by a municipality for any municipal water purpose. Acts 1989, ch. 233, § 37; T.C.A., § 68-13-519.
To the extent that a loan is made retroactively under this part for an eligible project that has been financed by other funds, such loan may be used by a municipality for any municipal water purpose.
Acts 1989, ch. 233, § 37; T.C.A., § 68-13-519.
Tenn. Code Ann. § 68-202-707 — TN Code / Title 68 / Chapter 202 / Section 68-202-707
Violation - Penalty
Status: in_force

(a) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part, or who fails to pay a lawfully levied fee, is subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day the violation continues constitutes a separate violation, and the person is also liable for any damages to the state resulting therefrom. (b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. This person shall receive notice of the assessment by certified mail, return receipt requested, or by any other method authorized by law; (2) Any person against whom an assessment has been issued may request a hearing before the commissioner, or the commissioner's designee, for a review of the assessment; (3) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator is deemed to have consented to the assessment, and it becomes final; (4) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on the judgment. The court, in the proceeding, shall treat the failure to appeal the assessment as a confession of judgment in the amount of the assessment; and (5) The commissioner may institute a proceeding for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (c) In assessing a civil penalty, the following factors may be considered: (1) The harm or potential harm done to the public or the environment; (2) The economic benefit gained by the violators; (3) The amount of effort put forth by the violator to attain compliance; (4) Any unusual or extraordinary enforcement cost incurred by the state; and (5) The need for an economic deterrent from future violations. (d) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition. Acts 1993, ch. 143, § 4.
(a) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part, or who fails to pay a lawfully levied fee, is subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day the violation continues constitutes a separate violation, and the person is also liable for any damages to the state resulting therefrom.
(b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. This person shall receive notice of the assessment by certified mail, return receipt requested, or by any other method authorized by law; (2) Any person against whom an assessment has been issued may request a hearing before the commissioner, or the commissioner's designee, for a review of the assessment; (3) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator is deemed to have consented to the assessment, and it becomes final; (4) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on the judgment. The court, in the proceeding, shall treat the failure to appeal the assessment as a confession of judgment in the amount of the assessment; and (5) The commissioner may institute a proceeding for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(1) The commissioner or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. This person shall receive notice of the assessment by certified mail, return receipt requested, or by any other method authorized by law;
(2) Any person against whom an assessment has been issued may request a hearing before the commissioner, or the commissioner's designee, for a review of the assessment;
(3) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator is deemed to have consented to the assessment, and it becomes final;
(4) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on the judgment. The court, in the proceeding, shall treat the failure to appeal the assessment as a confession of judgment in the amount of the assessment; and
(5) The commissioner may institute a proceeding for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(c) In assessing a civil penalty, the following factors may be considered: (1) The harm or potential harm done to the public or the environment; (2) The economic benefit gained by the violators; (3) The amount of effort put forth by the violator to attain compliance; (4) Any unusual or extraordinary enforcement cost incurred by the state; and (5) The need for an economic deterrent from future violations.
(1) The harm or potential harm done to the public or the environment;
(2) The economic benefit gained by the violators;
(3) The amount of effort put forth by the violator to attain compliance;
(4) Any unusual or extraordinary enforcement cost incurred by the state; and
(5) The need for an economic deterrent from future violations.
(d) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
Acts 1993, ch. 143, § 4.
Tenn. Code Ann. § 68-211-822 — TN Code / Title 68 / Chapter 211 / Section 68-211-822
Annual grants to agencies by department - Guidance for regional needs assessments and development of plans
Status: in_force

From available funds in the solid waste management fund established by § 68-211-821 , the department may award annual grants to the University of Tennessee county technical assistance service, the University of Tennessee municipal technical advisory service, the development districts and the department of economic and community development. Upon receiving such grant funds, these agencies shall render technical assistance to regions, counties and municipalities as needed in the development of the plan required by this part. Acts 1991, ch. 451, § 17; T.C.A., § 68-31-822; Acts 1992, ch. 693, § 24; 2011 , ch. 509, § 4.
From available funds in the solid waste management fund established by § 68-211-821 , the department may award annual grants to the University of Tennessee county technical assistance service, the University of Tennessee municipal technical advisory service, the development districts and the department of economic and community development. Upon receiving such grant funds, these agencies shall render technical assistance to regions, counties and municipalities as needed in the development of the plan required by this part.
Acts 1991, ch. 451, § 17; T.C.A., § 68-31-822; Acts 1992, ch. 693, § 24; 2011 , ch. 509, § 4.
Tenn. Code Ann. § 68-221-109 — TN Code / Title 68 / Chapter 221 / Section 68-221-109
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 31, eff. 7/1/2023. Acts 1993, ch. 149, § 1.
Repealed by 2023 Tenn. Acts, ch. 463, s 31, eff. 7/1/2023.
Acts 1993, ch. 149, § 1.