Tenn. Code Ann. § 68-205-109 — TN Code / Title 68 / Chapter 205 / Section 68-205-109
Filing and recording of notice of assessment, C-PACER lien, and assignments - Segregation of funds
Status: in_force

(a) A local government that authorizes financing through special assessments under this chapter shall: (1) File a written Notice of Assessment and C-PACER lien in the records of the office of the county register of deeds of the county in which the property is located. The notice must contain: (A) The amount of the assessment; (B) The legal description of the property; (C) The name of each property owner; (D) A copy of the written assessment contract; and (E) A reference to this section authorizing the placement of the assessment and C-PACER lien on the property; (2) File and record each C-PACER lien in the real property records of the county in which the property is located. The recording must contain: (A) The legal description of the eligible property; (B) The name of each property owner; (C) The date on which the lien was created; (D) The principal amount of the lien; and (E) The term of the lien; and (3) Record the executed assignment of the assessment agreement, notice of assignment of assessment, and C-PACER lien, or may delegate the recording to the capital provider receiving the assignment. (b) The amount of funds allotted through a program must be segregated from the calculation of the undisputed portions necessary for property tax appeals under title 67, chapter 5. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
(a) A local government that authorizes financing through special assessments under this chapter shall: (1) File a written Notice of Assessment and C-PACER lien in the records of the office of the county register of deeds of the county in which the property is located. The notice must contain: (A) The amount of the assessment; (B) The legal description of the property; (C) The name of each property owner; (D) A copy of the written assessment contract; and (E) A reference to this section authorizing the placement of the assessment and C-PACER lien on the property; (2) File and record each C-PACER lien in the real property records of the county in which the property is located. The recording must contain: (A) The legal description of the eligible property; (B) The name of each property owner; (C) The date on which the lien was created; (D) The principal amount of the lien; and (E) The term of the lien; and (3) Record the executed assignment of the assessment agreement, notice of assignment of assessment, and C-PACER lien, or may delegate the recording to the capital provider receiving the assignment.
(1) File a written Notice of Assessment and C-PACER lien in the records of the office of the county register of deeds of the county in which the property is located. The notice must contain: (A) The amount of the assessment; (B) The legal description of the property; (C) The name of each property owner; (D) A copy of the written assessment contract; and (E) A reference to this section authorizing the placement of the assessment and C-PACER lien on the property;
(A) The amount of the assessment;
(B) The legal description of the property;
(C) The name of each property owner;
(D) A copy of the written assessment contract; and
(E) A reference to this section authorizing the placement of the assessment and C-PACER lien on the property;
(2) File and record each C-PACER lien in the real property records of the county in which the property is located. The recording must contain: (A) The legal description of the eligible property; (B) The name of each property owner; (C) The date on which the lien was created; (D) The principal amount of the lien; and (E) The term of the lien; and
(A) The legal description of the eligible property;
(B) The name of each property owner;
(C) The date on which the lien was created;
(D) The principal amount of the lien; and
(E) The term of the lien; and
(3) Record the executed assignment of the assessment agreement, notice of assignment of assessment, and C-PACER lien, or may delegate the recording to the capital provider receiving the assignment.
(b) The amount of funds allotted through a program must be segregated from the calculation of the undisputed portions necessary for property tax appeals under title 67, chapter 5.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-201-122 — TN Code / Title 68 / Chapter 201 / Section 68-201-122
Atmospheric interference by chemical means prohibited
Status: in_force

The intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight is prohibited. Added by 2024 Tenn. Acts, ch. 709,s 1, eff. 7/1/2024.
The intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight is prohibited.
Added by 2024 Tenn. Acts, ch. 709,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 68-221-405 — TN Code / Title 68 / Chapter 221 / Section 68-221-405
Access to property
Status: in_force

It is the duty of the owner or occupant of the property to give the commissioner free access to the property at reasonable times for the purpose of making such inspections or investigations as are necessary to determine compliance with the requirements of this part and rules and regulations promulgated pursuant to this part. Acts 1973, ch. 188, § 9; T.C.A., § 53-2046; Acts 1986, ch. 735, § 4; T.C.A., § 68-13-405.
It is the duty of the owner or occupant of the property to give the commissioner free access to the property at reasonable times for the purpose of making such inspections or investigations as are necessary to determine compliance with the requirements of this part and rules and regulations promulgated pursuant to this part.
Acts 1973, ch. 188, § 9; T.C.A., § 53-2046; Acts 1986, ch. 735, § 4; T.C.A., § 68-13-405.
Tenn. Code Ann. § 68-221-1111 — TN Code / Title 68 / Chapter 221 / Section 68-221-1111
Water quality regulation authority not limited by this part
Status: in_force

Nothing herein shall be construed to limit the power or authority of the department of environment and conservation or of the Tennessee board of water quality, oil and gas with respect to regulation of the waters of the state. Any ordinances or regulations adopted or imposed by municipalities shall be subject to regulation and oversight by the department of environment and conservation or the Tennessee board of water quality, oil and gas. Amended by 2018 Tenn. Acts, ch. 839, s 24, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 1993, ch. 257, § 11.
Nothing herein shall be construed to limit the power or authority of the department of environment and conservation or of the Tennessee board of water quality, oil and gas with respect to regulation of the waters of the state. Any ordinances or regulations adopted or imposed by municipalities shall be subject to regulation and oversight by the department of environment and conservation or the Tennessee board of water quality, oil and gas.
Amended by 2018 Tenn. Acts, ch. 839, s 24, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Acts 1993, ch. 257, § 11.
Tenn. Code Ann. § 68-221-914 — TN Code / Title 68 / Chapter 221 / Section 68-221-914
Appeals of board's rulings
Status: in_force

(a) Any party to a hearing before the board regarding a revocation or an appeal of an order or assessment of a civil penalty by the commissioner may appeal the final order of the board to the chancery court of Davidson County. (b) Such appeal must be filed within sixty (60) days. Amended by 2013 Tenn. Acts, ch. 362,s 8, eff. 7/1/2013. Acts 1984, ch. 812, § 14; T.C.A., § 68-13-914.
(a) Any party to a hearing before the board regarding a revocation or an appeal of an order or assessment of a civil penalty by the commissioner may appeal the final order of the board to the chancery court of Davidson County.
(b) Such appeal must be filed within sixty (60) days.
Amended by 2013 Tenn. Acts, ch. 362,s 8, eff. 7/1/2013.
Acts 1984, ch. 812, § 14; T.C.A., § 68-13-914.
Tenn. Code Ann. § 68-216-103 — TN Code / Title 68 / Chapter 216 / Section 68-216-103
Exemption from liability for cleanups related to National Contingency Plan
Status: in_force

(a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response. (b) Subsection (a) does not apply: (1) To a responsible party; (2) With respect to personal injury or wrongful death; or (3) If the person is grossly negligent or engages in willful misconduct. (c) A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (a). Acts 1995, ch. 44, § 3.
(a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response.
(b) Subsection (a) does not apply: (1) To a responsible party; (2) With respect to personal injury or wrongful death; or (3) If the person is grossly negligent or engages in willful misconduct.
(1) To a responsible party;
(2) With respect to personal injury or wrongful death; or
(3) If the person is grossly negligent or engages in willful misconduct.
(c) A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (a).
Acts 1995, ch. 44, § 3.
Tenn. Code Ann. § 68-211-1103 — TN Code / Title 68 / Chapter 211 / Section 68-211-1103
[Effective 7/1/2025] Manifest
Status: in_force

(a) A person who commercially generates, transports, processes, stores, or disposes of waste tires shall use a manifest for the waste tires that contains the following information: (1) Names and addresses of transporters; (2) Names and addresses of facilities at which waste tires are generated; (3) A description of the waste tires; (4) Names and addresses of the destinations of the waste tires; and (5) Other information as required by rule. (b) A person required to use a manifest under subsection (a) shall: (1) Have the manifest during transport of waste tires for commercial purposes within the state; (2) Maintain the manifest for a period of three (3) years from the date the manifest is created; and (3) Provide copies of the manifest to the department upon request. Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
(a) A person who commercially generates, transports, processes, stores, or disposes of waste tires shall use a manifest for the waste tires that contains the following information: (1) Names and addresses of transporters; (2) Names and addresses of facilities at which waste tires are generated; (3) A description of the waste tires; (4) Names and addresses of the destinations of the waste tires; and (5) Other information as required by rule.
(1) Names and addresses of transporters;
(2) Names and addresses of facilities at which waste tires are generated;
(3) A description of the waste tires;
(4) Names and addresses of the destinations of the waste tires; and
(5) Other information as required by rule.
(b) A person required to use a manifest under subsection (a) shall: (1) Have the manifest during transport of waste tires for commercial purposes within the state; (2) Maintain the manifest for a period of three (3) years from the date the manifest is created; and (3) Provide copies of the manifest to the department upon request.
(1) Have the manifest during transport of waste tires for commercial purposes within the state;
(2) Maintain the manifest for a period of three (3) years from the date the manifest is created; and
(3) Provide copies of the manifest to the department upon request.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
Tenn. Code Ann. § 68-215-118 — TN Code / Title 68 / Chapter 215 / Section 68-215-118
Compliance by governmental entities
Status: in_force

Each department, agency or instrumentality of the executive, legislative, and judicial branches of the federal government and the state government shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any non-governmental entity, including liability under §§ 68-215-114 - 68-215-117. Acts 1988, ch. 984, § 20; T.C.A., § 68-53-118.
Each department, agency or instrumentality of the executive, legislative, and judicial branches of the federal government and the state government shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any non-governmental entity, including liability under §§ 68-215-114 - 68-215-117.
Acts 1988, ch. 984, § 20; T.C.A., § 68-53-118.
Tenn. Code Ann. § 68-212-502 — TN Code / Title 68 / Chapter 212 / Section 68-212-502
List of certified industrial hygienists - Testing of properties
Status: in_force

The commissioner shall compile and maintain a list of certified industrial hygienists and such other persons or entities the commissioner certifies as qualified to perform the services of industrial hygienists. Such persons will test properties in which a process intended to result in the manufacture of methamphetamine has occurred, as defined by § 39-17-435 , to determine if a property is safe for human use. Such property may include, but is not limited to, leased or rented property such as a hotel or motel room, rented home or apartment, or any residential property. The commissioner shall also compile and maintain a list of persons authorized to perform clean-up of property where such a process has occurred. Such lists may be posted on the website maintained by the commissioner. Acts 2004, ch. 855, § 3; 2005, ch. 18, § 5.
The commissioner shall compile and maintain a list of certified industrial hygienists and such other persons or entities the commissioner certifies as qualified to perform the services of industrial hygienists. Such persons will test properties in which a process intended to result in the manufacture of methamphetamine has occurred, as defined by § 39-17-435 , to determine if a property is safe for human use. Such property may include, but is not limited to, leased or rented property such as a hotel or motel room, rented home or apartment, or any residential property. The commissioner shall also compile and maintain a list of persons authorized to perform clean-up of property where such a process has occurred. Such lists may be posted on the website maintained by the commissioner.
Acts 2004, ch. 855, § 3; 2005, ch. 18, § 5.
Tenn. Code Ann. § 68-211-847 — TN Code / Title 68 / Chapter 211 / Section 68-211-847
Matching grants to implement education program
Status: in_force

After a region's plan is approved, the department of environment and conservation may award matching grants for implementing the education program component of the plan from funds available in the solid waste management fund. The local share of the match shall be determined by the department, using an economic index based upon factors which include, but are not limited to, per capita income and property values of the local government. Jurisdictions falling within the lower economic scale on the index shall be eligible for lower matching rates. Acts 1991, ch. 451, § 45; T.C.A., § 68-31-847; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 33.
After a region's plan is approved, the department of environment and conservation may award matching grants for implementing the education program component of the plan from funds available in the solid waste management fund. The local share of the match shall be determined by the department, using an economic index based upon factors which include, but are not limited to, per capita income and property values of the local government. Jurisdictions falling within the lower economic scale on the index shall be eligible for lower matching rates.
Acts 1991, ch. 451, § 45; T.C.A., § 68-31-847; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 33.
Tenn. Code Ann. § 68-202-208 — TN Code / Title 68 / Chapter 202 / Section 68-202-208
Registration by owner or possessor of radiation machines - Exceptions
Status: in_force

(a) Every person receiving ownership or possession of one (1) or more radiation machines shall register with the radiological health service within ten (10) days of such receipt on forms to be provided for this purpose. (b) Any change in ownership, location, or use of any radiation machine, or any extension, modification, alteration or termination of such machine for any person required to register under this part, constitutes a revocation of such existing registration. Such person will then be required to register as provided in subsection (a). (c) Persons receiving or making periodic shipments or transportation of radiation machines shall be considered as complying with the registration provisions of this part; provided, that a reasonable estimate and description of such shipments as to quantity, frequency, and location are incorporated in the registration data filed with the radiological health service; and provided further, that a complete record of the receipt and disposition of such machines is maintained at a location within this state and that such records shall be available to the commissioner for the commissioner's inspection. Acts 1959, ch. 66, § 8; 1971, ch. 42, §§ 9, 10; T.C.A., §§ 53-3309, 68-23-208.
(a) Every person receiving ownership or possession of one (1) or more radiation machines shall register with the radiological health service within ten (10) days of such receipt on forms to be provided for this purpose.
(b) Any change in ownership, location, or use of any radiation machine, or any extension, modification, alteration or termination of such machine for any person required to register under this part, constitutes a revocation of such existing registration. Such person will then be required to register as provided in subsection (a).
(c) Persons receiving or making periodic shipments or transportation of radiation machines shall be considered as complying with the registration provisions of this part; provided, that a reasonable estimate and description of such shipments as to quantity, frequency, and location are incorporated in the registration data filed with the radiological health service; and provided further, that a complete record of the receipt and disposition of such machines is maintained at a location within this state and that such records shall be available to the commissioner for the commissioner's inspection.
Acts 1959, ch. 66, § 8; 1971, ch. 42, §§ 9, 10; T.C.A., §§ 53-3309, 68-23-208.
Tenn. Code Ann. § 68-211-124 — TN Code / Title 68 / Chapter 211 / Section 68-211-124
Use of treated ash aggregate as a building material
Status: in_force

(a) The department may issue permits authorizing the use of treated ash aggregate as a building material in construction or site preparation applications in commercial and industrial settings. (b) "Treated ash aggregate" as used in this section means bottom ash or fly ash resulting from incineration of municipal solid waste as defined in § 68-211-802 that has been treated to assure that it is not a hazardous waste as defined in § 68-212-104 , and rules thereunder. Acts 2001, ch. 387, § 1.
(a) The department may issue permits authorizing the use of treated ash aggregate as a building material in construction or site preparation applications in commercial and industrial settings.
(b) "Treated ash aggregate" as used in this section means bottom ash or fly ash resulting from incineration of municipal solid waste as defined in § 68-211-802 that has been treated to assure that it is not a hazardous waste as defined in § 68-212-104 , and rules thereunder.
Acts 2001, ch. 387, § 1.
Tenn. Code Ann. § 68-202-411 — TN Code / Title 68 / Chapter 202 / Section 68-202-411
Power to sue
Status: in_force

The forfeiture of a bond under § 68-202-405 is not the exclusive remedy of the state and proceedings may be instituted to recover expenditures made by the department which were in excess of the forfeited bond and other deposits made by the specific licensee. Upon approval by the attorney general and reporter, the staff attorneys of the department may, under supervision of the attorney general and reporter, represent the department in any such action. Acts 1976, ch. 475, § 11; T.C.A., §§ 53-3333, 68-23-411.
The forfeiture of a bond under § 68-202-405 is not the exclusive remedy of the state and proceedings may be instituted to recover expenditures made by the department which were in excess of the forfeited bond and other deposits made by the specific licensee. Upon approval by the attorney general and reporter, the staff attorneys of the department may, under supervision of the attorney general and reporter, represent the department in any such action.
Acts 1976, ch. 475, § 11; T.C.A., §§ 53-3333, 68-23-411.
Tenn. Code Ann. § 68-212-208 — TN Code / Title 68 / Chapter 212 / Section 68-212-208
Authority of counties
Status: in_force

(a) The county mayor and four (4) members of the county legislative body appointed by the county mayor of the county in which any commercial facility is located may accompany the department upon any site investigation or monitoring inspection. (b) The county legislative body of the county in which any commercial facility is located may, by a majority vote of the members to which it is entitled, require that independent monitoring tests be conducted. Such tests shall be conducted by a laboratory which is certified to conduct tests for safe drinking water by the department or the federal environmental protection agency (EPA) under the authority of the Safe Drinking Water Act. All such tests shall be paid for by such county. Acts 1983, ch. 423, § 8; T.C.A., § 68-46-208; Acts 2003, ch. 90, § 2.
(a) The county mayor and four (4) members of the county legislative body appointed by the county mayor of the county in which any commercial facility is located may accompany the department upon any site investigation or monitoring inspection.
(b) The county legislative body of the county in which any commercial facility is located may, by a majority vote of the members to which it is entitled, require that independent monitoring tests be conducted. Such tests shall be conducted by a laboratory which is certified to conduct tests for safe drinking water by the department or the federal environmental protection agency (EPA) under the authority of the Safe Drinking Water Act. All such tests shall be paid for by such county.
Acts 1983, ch. 423, § 8; T.C.A., § 68-46-208; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 68-211-864 — TN Code / Title 68 / Chapter 211 / Section 68-211-864
Technical assistance
Status: in_force

The institute for public service of the University of Tennessee shall provide technical assistance in the design and management of a recycling program to each county, municipality, authority or region which requests assistance. Acts 1991, ch. 451, § 28; T.C.A., § 68-31-864.
The institute for public service of the University of Tennessee shall provide technical assistance in the design and management of a recycling program to each county, municipality, authority or region which requests assistance.
Acts 1991, ch. 451, § 28; T.C.A., § 68-31-864.
Tenn. Code Ann. § 68-221-711 — TN Code / Title 68 / Chapter 221 / Section 68-221-711
Prohibited acts
Status: in_force

The following acts are prohibited: (1) Failure by a supplier of water to comply with this part, any order issued hereunder, or the drinking water regulations; (2) Failure by a supplier of water to comply with the requirements of §§ 68-221-706 and 68-221-707 or the dissemination by such supplier of any false or misleading information with respect to remedial actions being undertaken to achieve compliance with the drinking water regulations; (3) Refusal by a supplier of water to allow an authorized representative of the department or any local health department to inspect any public water system as provided for in § 68-221-705 ; (4) The defiling by any person of any water supply of a public water system or the damaging of any pipe or other part of a public water system, unless due to an act of God; (5) The discharge by any person of sewage or any other waste or contaminant at such proximity to the intake, well or spring serving a public water system in such a manner or quantity that it will, or will likely, endanger the health or safety of customers of the system or cause damage to the system; (6) The installation, allowing the installation, or maintenance of any cross connection, auxiliary intake, or bypass, unless the source and quality of water from the auxiliary supply, the method of connection, and the use and operation of such cross connection, auxiliary intake, or bypass has been approved by the department; (7) The return of drinking water to a public water distribution system after it has been used for cooling or any other purpose; (8) The heavy pumping or other heavy withdrawal of water from a public water system or its water supply source in a manner that would either interfere with existing customers' normal and reasonable needs or threaten existing customers' health and safety; and (9) The abandonment or other termination of water services by a supplier of water, without providing at least sixty (60) days' notice to all interested parties, including the department and all customers served by the public water system. Acts 1983, ch. 324, § 12; T.C.A., § 68-13-711; Acts 2002, ch. 602, §§ 2, 3.
The following acts are prohibited:
(1) Failure by a supplier of water to comply with this part, any order issued hereunder, or the drinking water regulations;
(2) Failure by a supplier of water to comply with the requirements of §§ 68-221-706 and 68-221-707 or the dissemination by such supplier of any false or misleading information with respect to remedial actions being undertaken to achieve compliance with the drinking water regulations;
(3) Refusal by a supplier of water to allow an authorized representative of the department or any local health department to inspect any public water system as provided for in § 68-221-705 ;
(4) The defiling by any person of any water supply of a public water system or the damaging of any pipe or other part of a public water system, unless due to an act of God;
(5) The discharge by any person of sewage or any other waste or contaminant at such proximity to the intake, well or spring serving a public water system in such a manner or quantity that it will, or will likely, endanger the health or safety of customers of the system or cause damage to the system;
(6) The installation, allowing the installation, or maintenance of any cross connection, auxiliary intake, or bypass, unless the source and quality of water from the auxiliary supply, the method of connection, and the use and operation of such cross connection, auxiliary intake, or bypass has been approved by the department;
(7) The return of drinking water to a public water distribution system after it has been used for cooling or any other purpose;
(8) The heavy pumping or other heavy withdrawal of water from a public water system or its water supply source in a manner that would either interfere with existing customers' normal and reasonable needs or threaten existing customers' health and safety; and
(9) The abandonment or other termination of water services by a supplier of water, without providing at least sixty (60) days' notice to all interested parties, including the department and all customers served by the public water system.
Acts 1983, ch. 324, § 12; T.C.A., § 68-13-711; Acts 2002, ch. 602, §§ 2, 3.
Tenn. Code Ann. § 68-221-515 — TN Code / Title 68 / Chapter 221 / Section 68-221-515
Limit on indebtedness not applicable
Status: in_force

Municipalities may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law. Acts 1974, ch. 671, § 15; T.C.A., §§ 53-2069, 68-13-515.
Municipalities may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1974, ch. 671, § 15; T.C.A., §§ 53-2069, 68-13-515.
Tenn. Code Ann. § 68-211-1011 — TN Code / Title 68 / Chapter 211 / Section 68-211-1011
Used oil collection centers
Status: in_force

(a) (1) All used oil collection centers must meet management standards established by the department and must be attended during hours of operation of such centers. Used oil collection centers shall establish a maximum amount of used oil that such centers will accept from any person in any one (1) day. Such maximum shall be at least five gallons (5 gal.) but no more than ten gallons (10 gal.). (2) Used oil collection centers shall transfer used oil only to certified transporters and shall maintain records of all volumes of material collected on an annual basis, including the identity of the hauler and the name and location of the recycling facility to which such oil is transported. (b) Used oil shall not be listed as a hazardous waste or hazardous substance by this state or any subdivision of this state. (c) An automotive fluid collection center that accepts any other automotive fluid shall meet any management standards established by the department for other automotive fluids pursuant to § 68-211-1013(b) . Amended by 2016 Tenn. Acts, ch. 771, s 7, eff. 7/1/2016.
(a) (1) All used oil collection centers must meet management standards established by the department and must be attended during hours of operation of such centers. Used oil collection centers shall establish a maximum amount of used oil that such centers will accept from any person in any one (1) day. Such maximum shall be at least five gallons (5 gal.) but no more than ten gallons (10 gal.). (2) Used oil collection centers shall transfer used oil only to certified transporters and shall maintain records of all volumes of material collected on an annual basis, including the identity of the hauler and the name and location of the recycling facility to which such oil is transported.
(1) All used oil collection centers must meet management standards established by the department and must be attended during hours of operation of such centers. Used oil collection centers shall establish a maximum amount of used oil that such centers will accept from any person in any one (1) day. Such maximum shall be at least five gallons (5 gal.) but no more than ten gallons (10 gal.).
(2) Used oil collection centers shall transfer used oil only to certified transporters and shall maintain records of all volumes of material collected on an annual basis, including the identity of the hauler and the name and location of the recycling facility to which such oil is transported.
(b) Used oil shall not be listed as a hazardous waste or hazardous substance by this state or any subdivision of this state.
(c) An automotive fluid collection center that accepts any other automotive fluid shall meet any management standards established by the department for other automotive fluids pursuant to § 68-211-1013(b) .
Amended by 2016 Tenn. Acts, ch. 771, s 7, eff. 7/1/2016.
Tenn. Code Ann. § 68-221-518 — TN Code / Title 68 / Chapter 221 / Section 68-221-518
Powers of Tennessee public utility commission unaffected
Status: in_force

Nothing in this part shall be construed as impairing the powers and duties of the Tennessee public utility commission with respect to special districts empowered to provide water services. Amended by 2017 Tenn. Acts, ch. 94,s 74, eff. 4/4/2017. Acts 1974, ch. 671, § 18; T.C.A., §§ 53-2072, 68-13-518; Acts 1995, ch. 305, § 133.
Nothing in this part shall be construed as impairing the powers and duties of the Tennessee public utility commission with respect to special districts empowered to provide water services.
Amended by 2017 Tenn. Acts, ch. 94,s 74, eff. 4/4/2017.
Acts 1974, ch. 671, § 18; T.C.A., §§ 53-2072, 68-13-518; Acts 1995, ch. 305, § 133.
Tenn. Code Ann. § 68-202-209 — TN Code / Title 68 / Chapter 202 / Section 68-202-209
Exemptions from registration
Status: in_force

No person shall be required to register due to the ownership or possession of the following: (1) Electrical equipment not primarily intended to produce radiation and which does not produce radiation at any point which may be occupied by a person at a rate exceeding three-fourths (3/4) of one (1) milliroentgen per hour; (2) Radiation machines which are deemed to be totally unusable except for salvage parts; (3) Radiation machines being transported in conformity with regulations adopted by any federal agency having jurisdiction over safety during transportation; (4) Such other radiation machines as may be exempted by the rules and regulations promulgated under this part, if such sources are known or proven by competent scientific analysis to be without hazard; or (5) Radiation sources which may be licensed as provided for by § 68-202-206 . Acts 1959, ch. 66, § 9; 1963, ch. 60, § 2; 1971, ch. 42, §§ 11, 12; 1982, ch. 946, § 7; T.C.A., §§ 53-3310, 68-23-209.
No person shall be required to register due to the ownership or possession of the following:
(1) Electrical equipment not primarily intended to produce radiation and which does not produce radiation at any point which may be occupied by a person at a rate exceeding three-fourths (3/4) of one (1) milliroentgen per hour;
(2) Radiation machines which are deemed to be totally unusable except for salvage parts;
(3) Radiation machines being transported in conformity with regulations adopted by any federal agency having jurisdiction over safety during transportation;
(4) Such other radiation machines as may be exempted by the rules and regulations promulgated under this part, if such sources are known or proven by competent scientific analysis to be without hazard; or
(5) Radiation sources which may be licensed as provided for by § 68-202-206 .
Acts 1959, ch. 66, § 9; 1963, ch. 60, § 2; 1971, ch. 42, §§ 11, 12; 1982, ch. 946, § 7; T.C.A., §§ 53-3310, 68-23-209.
Tenn. Code Ann. § 68-221-416 — TN Code / Title 68 / Chapter 221 / Section 68-221-416
Advanced treatment systems requirements
Status: in_force

All ATS installed are subject to the following requirements: (1) A technician certified by the manufacturer shall install or personally supervise the installation of each ATS and associated field lines. Once an ATS is installed pursuant to § 68-221-415 and this section, the owner of the property shall perpetually operate and maintain it properly. This requirement shall run with the land and be binding upon all future owners of the property. A technician certified by the manufacturer shall perform this operation and maintenance on the ATS; (2) Routine operation and maintenance shall be performed at three-month intervals; (3) The manufacturer shall execute a four-year operation and maintenance contract with the owner of each ATS sold and installed. The costs of such contract shall be included in the original price of the installed ATS. The contract shall require that the manufacturer provide the following services, unless the damage or failure is caused by abuse by the homeowner or a third party outside the control of the manufacturer or technician: (A) All manufacturer required or recommended mechanical and physical inspections and adjustments; (B) The inspecting, repair, and cleaning or replacement of any filters or mechanical components, as required or as may be necessary; (C) Service calls at request of owner to inspect, adjust, repair, or replace components; (D) Any necessary repairs to the effluent disposal system associated with the ATS; and (E) Measure the sludge and pump it out and properly dispose of it, when necessary; and (4) All zoning requirements established for the parcel by the municipality or county government shall apply. Acts 2000, ch. 919, § 3; 2006, ch. 743, § 1.
All ATS installed are subject to the following requirements:
(1) A technician certified by the manufacturer shall install or personally supervise the installation of each ATS and associated field lines. Once an ATS is installed pursuant to § 68-221-415 and this section, the owner of the property shall perpetually operate and maintain it properly. This requirement shall run with the land and be binding upon all future owners of the property. A technician certified by the manufacturer shall perform this operation and maintenance on the ATS;
(2) Routine operation and maintenance shall be performed at three-month intervals;
(3) The manufacturer shall execute a four-year operation and maintenance contract with the owner of each ATS sold and installed. The costs of such contract shall be included in the original price of the installed ATS. The contract shall require that the manufacturer provide the following services, unless the damage or failure is caused by abuse by the homeowner or a third party outside the control of the manufacturer or technician: (A) All manufacturer required or recommended mechanical and physical inspections and adjustments; (B) The inspecting, repair, and cleaning or replacement of any filters or mechanical components, as required or as may be necessary; (C) Service calls at request of owner to inspect, adjust, repair, or replace components; (D) Any necessary repairs to the effluent disposal system associated with the ATS; and (E) Measure the sludge and pump it out and properly dispose of it, when necessary; and
(A) All manufacturer required or recommended mechanical and physical inspections and adjustments;
(B) The inspecting, repair, and cleaning or replacement of any filters or mechanical components, as required or as may be necessary;
(C) Service calls at request of owner to inspect, adjust, repair, or replace components;
(D) Any necessary repairs to the effluent disposal system associated with the ATS; and
(E) Measure the sludge and pump it out and properly dispose of it, when necessary; and
(4) All zoning requirements established for the parcel by the municipality or county government shall apply.
Acts 2000, ch. 919, § 3; 2006, ch. 743, § 1.
Tenn. Code Ann. § 68-202-417 — TN Code / Title 68 / Chapter 202 / Section 68-202-417
Show cause meetings - Written complaints - Emergency orders
Status: in_force

(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served. (c) Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing. Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-417.
(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served.
(c) Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-417.
Tenn. Code Ann. § 68-211-873 — TN Code / Title 68 / Chapter 211 / Section 68-211-873
Annual report to governor and general assembly
Status: in_force

(a) The department shall prepare an annual report to the governor and general assembly on the state's solid waste management system. (b) The report required by subsection (a) shall include progress implementation updates, including projected implementation steps, on each specific component of the state's comprehensive solid waste management plan, as listed in § 68-211-603 . Amended by 2016 Tenn. Acts, ch. 607, s 1, eff. 3/17/2016. Acts 1991, ch. 451, § 51; T.C.A., § 68-31-873; Acts 1995, ch. 501, § 3.
(a) The department shall prepare an annual report to the governor and general assembly on the state's solid waste management system.
(b) The report required by subsection (a) shall include progress implementation updates, including projected implementation steps, on each specific component of the state's comprehensive solid waste management plan, as listed in § 68-211-603 .
Amended by 2016 Tenn. Acts, ch. 607, s 1, eff. 3/17/2016.
Acts 1991, ch. 451, § 51; T.C.A., § 68-31-873; Acts 1995, ch. 501, § 3.
Tenn. Code Ann. § 68-221-512 — TN Code / Title 68 / Chapter 221 / Section 68-221-512
Tax levy to meet payments
Status: in_force

In the event the revenues of a waterworks project are insufficient to meet the payments as established by the authority, any county, metropolitan government, incorporated town or city may levy a tax on property sufficient to make such payments, which shall be in addition to all other taxes authorized or limited by law. Acts 1974, ch. 671, § 12; T.C.A., § 53-2066; Acts 1989, ch. 233, § 33; T.C.A., § 68-13-512.
In the event the revenues of a waterworks project are insufficient to meet the payments as established by the authority, any county, metropolitan government, incorporated town or city may levy a tax on property sufficient to make such payments, which shall be in addition to all other taxes authorized or limited by law.
Acts 1974, ch. 671, § 12; T.C.A., § 53-2066; Acts 1989, ch. 233, § 33; T.C.A., § 68-13-512.
Tenn. Code Ann. § 68-202-702 — TN Code / Title 68 / Chapter 202 / Section 68-202-702
Appointment of commission members
Status: in_force

The commission members from Tennessee shall be appointed by the governor and shall serve until their successors are duly appointed. Acts 1982, ch. 843, § 2; T.C.A., §§ 53-7102, 68-23-702.
The commission members from Tennessee shall be appointed by the governor and shall serve until their successors are duly appointed.
Acts 1982, ch. 843, § 2; T.C.A., §§ 53-7102, 68-23-702.
Tenn. Code Ann. § 68-212-308 — TN Code / Title 68 / Chapter 212 / Section 68-212-308
Submission of summary information on waste reduction
Status: in_force

(a) Based on the annual progress report prepared pursuant to § 68-212-306 , the commissioner may require certain generators to submit summary information on waste reduction activities to the department, as an element of the annual generator report submitted to the department. (b) The summary shall include: (1) For each hazardous waste stream, one (1) of the following, as appropriate: (A) A statement of specific performance goals, and a report on the progress made in achieving these goals. The results should be reported in numeric terms, as set forth in § 68-212-305(c) ; or (B) A report on the actions taken toward establishing numeric goals; (2) A narrative explaining the reported data; and (3) A description of any impediments to reducing the generation of hazardous waste. (c) The board, by rule, shall develop uniform reporting requirements for the data required under this section. Acts 1990, ch. 754, § 9; T.C.A., § 68-46-308; Acts 2007 , ch. 362, § 33.
(a) Based on the annual progress report prepared pursuant to § 68-212-306 , the commissioner may require certain generators to submit summary information on waste reduction activities to the department, as an element of the annual generator report submitted to the department.
(b) The summary shall include: (1) For each hazardous waste stream, one (1) of the following, as appropriate: (A) A statement of specific performance goals, and a report on the progress made in achieving these goals. The results should be reported in numeric terms, as set forth in § 68-212-305(c) ; or (B) A report on the actions taken toward establishing numeric goals; (2) A narrative explaining the reported data; and (3) A description of any impediments to reducing the generation of hazardous waste.
(1) For each hazardous waste stream, one (1) of the following, as appropriate: (A) A statement of specific performance goals, and a report on the progress made in achieving these goals. The results should be reported in numeric terms, as set forth in § 68-212-305(c) ; or (B) A report on the actions taken toward establishing numeric goals;
(A) A statement of specific performance goals, and a report on the progress made in achieving these goals. The results should be reported in numeric terms, as set forth in § 68-212-305(c) ; or
(B) A report on the actions taken toward establishing numeric goals;
(2) A narrative explaining the reported data; and
(3) A description of any impediments to reducing the generation of hazardous waste.
(c) The board, by rule, shall develop uniform reporting requirements for the data required under this section.
Acts 1990, ch. 754, § 9; T.C.A., § 68-46-308; Acts 2007 , ch. 362, § 33.
Tenn. Code Ann. § 68-211-872 — TN Code / Title 68 / Chapter 211 / Section 68-211-872
Solid waste planning and management data base - Guidelines and best practices
Status: in_force

(a) The commissioner shall establish and maintain a statewide solid waste planning and management data base which can aggregate and analyze county reports on waste generation, collection, recycling, transportation, disposal and costs. (b) The department may provide guidelines and best practices for composting and recycling to regional board members, advisory committees, and Class I, Class III, and Class IV landfill owners and operators. Amended by 2017 Tenn. Acts, ch. 335,s 2, eff. 5/9/2017. Acts 1991, ch. 451, § 50; T.C.A., § 68-31-872; Acts 1995, ch. 501, § 3.
(a) The commissioner shall establish and maintain a statewide solid waste planning and management data base which can aggregate and analyze county reports on waste generation, collection, recycling, transportation, disposal and costs.
(b) The department may provide guidelines and best practices for composting and recycling to regional board members, advisory committees, and Class I, Class III, and Class IV landfill owners and operators.
Amended by 2017 Tenn. Acts, ch. 335,s 2, eff. 5/9/2017.
Acts 1991, ch. 451, § 50; T.C.A., § 68-31-872; Acts 1995, ch. 501, § 3.
Tenn. Code Ann. § 68-221-912 — TN Code / Title 68 / Chapter 221 / Section 68-221-912
Replacement of certified operator
Status: in_force

(a) The board may allow a period of up to six (6) months for the replacement of a certified operator whose services have been lost by death, illness or other unusual events. (b) Further extensions of thirty (30) days, up to a total of one hundred eighty (180) additional days, may be granted if deemed necessary by the board. (c) A system shall notify the board in writing within thirty (30) days of the loss of certified operator(s). Acts 1984, ch. 812, § 11; T.C.A., § 68-13-912.
(a) The board may allow a period of up to six (6) months for the replacement of a certified operator whose services have been lost by death, illness or other unusual events.
(b) Further extensions of thirty (30) days, up to a total of one hundred eighty (180) additional days, may be granted if deemed necessary by the board.
(c) A system shall notify the board in writing within thirty (30) days of the loss of certified operator(s).
Acts 1984, ch. 812, § 11; T.C.A., § 68-13-912.
Tenn. Code Ann. § 68-217-101 — TN Code / Title 68 / Chapter 217 / Section 68-217-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Drycleaner's Environmental Response Act." Acts 1995, ch. 541, § 1.
This chapter shall be known and may be cited as the "Tennessee Drycleaner's Environmental Response Act."
Acts 1995, ch. 541, § 1.
Tenn. Code Ann. § 68-221-1009 — TN Code / Title 68 / Chapter 221 / Section 68-221-1009
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 38, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 657, s 10, eff. 3/15/2022. Amended by 2020 Tenn. Acts, ch. 627, Secs.s 6, s 7 eff. 3/20/2020. Amended by 2013 Tenn. Acts, ch. 141, s 6, eff. 4/12/2013. Acts 1987, ch. 297, § 9; T.C.A., § 68-13-1009; Acts 1997 , ch. 483, §§ 14, 15; 2007 , ch. 243, §§ 5, 6.
Repealed by 2023 Tenn. Acts, ch. 463, s 38, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 10, eff. 3/15/2022.
Amended by 2020 Tenn. Acts, ch. 627, Secs.s 6, s 7 eff. 3/20/2020.
Amended by 2013 Tenn. Acts, ch. 141, s 6, eff. 4/12/2013.
Acts 1987, ch. 297, § 9; T.C.A., § 68-13-1009; Acts 1997 , ch. 483, §§ 14, 15; 2007 , ch. 243, §§ 5, 6.
Tenn. Code Ann. § 68-202-104 — TN Code / Title 68 / Chapter 202 / Section 68-202-104
Monitoring radioactive truck traffic
Status: in_force

(a) The commissioner of environment and conservation is directed to purchase and make available twelve (12) portable radiation monitoring devices to be utilized at the inspection stations in Knox, Coffee, Haywood and Robertson counties. (b) The department of safety is directed to make available sufficient manpower to utilize such equipment in a manner necessary to provide a practical monitoring program of radioactive truck traffic in this state. (c) The Tennessee emergency management agency is directed to provide a training program in the scope and frequency necessary to assure that the commission personnel are properly trained to effectively utilize the equipment in the monitoring program. Acts 1980, ch. 698, §§ 1, 2, 3; impl. am. Acts 1981, ch. 336, § 3; T.C.A., §§ 53-3104, 68-23-104; Acts 1995, ch. 305, § 131.
(a) The commissioner of environment and conservation is directed to purchase and make available twelve (12) portable radiation monitoring devices to be utilized at the inspection stations in Knox, Coffee, Haywood and Robertson counties.
(b) The department of safety is directed to make available sufficient manpower to utilize such equipment in a manner necessary to provide a practical monitoring program of radioactive truck traffic in this state.
(c) The Tennessee emergency management agency is directed to provide a training program in the scope and frequency necessary to assure that the commission personnel are properly trained to effectively utilize the equipment in the monitoring program.
Acts 1980, ch. 698, §§ 1, 2, 3; impl. am. Acts 1981, ch. 336, § 3; T.C.A., §§ 53-3104, 68-23-104; Acts 1995, ch. 305, § 131.
Tenn. Code Ann. § 68-221-509 — TN Code / Title 68 / Chapter 221 / Section 68-221-509
Allocation of loan funds - Criteria
Status: in_force

In allocating loan funds to municipalities, the department shall give consideration to, and apply, the following standards and criteria: (1) The need and desirability for water to be supplied by the proposed waterworks construction; (2) The need for upgrading the quality of water of an existing waterworks; (3) The ability of the municipality to secure borrowed money from other sources and costs thereof; (4) If the purpose of the loan is to extend water service into an area outside the boundaries of incorporated towns and cities or special districts, the greater capability of another municipality to provide water in the area, if such other municipality is permitted by law to serve the area and will make a commitment satisfactory to the department to extend such service into the area; (5) The enhancement of the economic development of the state, the region or the locality; (6) The upgrading of the quality of life of the state, the region or the locality; (7) The achievement of a political equity or balance across the state and between such diversities or interests as cities and counties, urban areas and rural areas, and grand divisions; and (8) In the case of a special district, the financial stability of the district, and no funds shall be made available to a district when there is reason to believe that the funds may not be repaid. Acts 1974, ch. 671, § 9; T.C.A., §§ 53-2063, 68-13-509.
In allocating loan funds to municipalities, the department shall give consideration to, and apply, the following standards and criteria:
(1) The need and desirability for water to be supplied by the proposed waterworks construction;
(2) The need for upgrading the quality of water of an existing waterworks;
(3) The ability of the municipality to secure borrowed money from other sources and costs thereof;
(4) If the purpose of the loan is to extend water service into an area outside the boundaries of incorporated towns and cities or special districts, the greater capability of another municipality to provide water in the area, if such other municipality is permitted by law to serve the area and will make a commitment satisfactory to the department to extend such service into the area;
(5) The enhancement of the economic development of the state, the region or the locality;
(6) The upgrading of the quality of life of the state, the region or the locality;
(7) The achievement of a political equity or balance across the state and between such diversities or interests as cities and counties, urban areas and rural areas, and grand divisions; and
(8) In the case of a special district, the financial stability of the district, and no funds shall be made available to a district when there is reason to believe that the funds may not be repaid.
Acts 1974, ch. 671, § 9; T.C.A., §§ 53-2063, 68-13-509.
Tenn. Code Ann. § 68-201-103 — TN Code / Title 68 / Chapter 201 / Section 68-201-103
Intent and purpose
Status: in_force

It is the intent and purpose of this part to maintain purity of the air resources of the state consistent with the protection of normal health, general welfare and physical property of the people, maximum employment and the full industrial development of the state. The board and department shall seek the accomplishment of these objectives through the prevention, abatement and control of air pollution by all practical and economically feasible methods. It is also the intent of this part to qualify for receipt of federal funds available for state air pollution control programs and, to that end, this part shall be construed to give the authority to so qualify and maintain such qualification. Acts 1967, ch. 367, § 3; 1971, ch. 362, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3410; Acts 1984, ch. 788, § 2; T.C.A., § 68-25-103.
It is the intent and purpose of this part to maintain purity of the air resources of the state consistent with the protection of normal health, general welfare and physical property of the people, maximum employment and the full industrial development of the state. The board and department shall seek the accomplishment of these objectives through the prevention, abatement and control of air pollution by all practical and economically feasible methods. It is also the intent of this part to qualify for receipt of federal funds available for state air pollution control programs and, to that end, this part shall be construed to give the authority to so qualify and maintain such qualification.
Acts 1967, ch. 367, § 3; 1971, ch. 362, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3410; Acts 1984, ch. 788, § 2; T.C.A., § 68-25-103.
Tenn. Code Ann. § 68-202-103 — TN Code / Title 68 / Chapter 202 / Section 68-202-103
Conduct of studies concerning changes in laws and regulations concerning atomic energy and other forms of radiation
Status: in_force

(a) The governor may direct any or all of the departments and agencies of the state to conduct studies or otherwise obtain competent guidance as to the need, if any, for changes in the laws and regulations administered by it that would arise from the presence within the state of special nuclear by-product, and radioactive materials, from the operation therein of production or utilization facilities, and from the generation of radiation, and, on the basis of such studies or guidance, to make such recommendations for the enactment of laws or amendments to laws administered by them, and to promulgate such amendments to the regulations issued by them, as may appear necessary and appropriate. (b) The governor is authorized, at the governor's discretion, to enter into a written agreement or agreements with the atomic energy commission or other agencies of the government of the United States relating to the regulation of by-products, source materials, or special nuclear material and other material within the scope of this part. Acts 1957, ch. 324, § 4; 1961, ch. 10, § 2; T.C.A., §§ 53-3103, 68-23-103.
(a) The governor may direct any or all of the departments and agencies of the state to conduct studies or otherwise obtain competent guidance as to the need, if any, for changes in the laws and regulations administered by it that would arise from the presence within the state of special nuclear by-product, and radioactive materials, from the operation therein of production or utilization facilities, and from the generation of radiation, and, on the basis of such studies or guidance, to make such recommendations for the enactment of laws or amendments to laws administered by them, and to promulgate such amendments to the regulations issued by them, as may appear necessary and appropriate.
(b) The governor is authorized, at the governor's discretion, to enter into a written agreement or agreements with the atomic energy commission or other agencies of the government of the United States relating to the regulation of by-products, source materials, or special nuclear material and other material within the scope of this part.
Acts 1957, ch. 324, § 4; 1961, ch. 10, § 2; T.C.A., §§ 53-3103, 68-23-103.
Tenn. Code Ann. § 68-211-704 — TN Code / Title 68 / Chapter 211 / Section 68-211-704
Time limit for determination - Criteria considered
Status: in_force

(a) Within thirty (30) days after notice and an opportunity for a public hearing as provided in § 68-211-703 , the county legislative body, the municipal governing body or both such entities shall approve or disapprove the proposed new construction for solid waste disposal by landfilling or solid waste processing by landfilling. (b) The following criteria shall be considered in evaluating such construction: (1) The type of waste to be disposed of at the landfill; (2) The method of disposal to be used at the landfill; (3) The projected impact on surrounding areas from noise and odor created by the proposed landfill; (4) The projected impact on property values on surrounding areas created by the proposed landfill; (5) The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed landfill; (6) The economic impact on the county, city or both; (7) The compatibility with existing development or zoning plans; and (8) Any other factor which may affect the public health, safety or welfare. (c) Judicial review of the legislative body's determination shall be a de novo review before the chancery court for the county in which the landfill is proposed to be located. Acts 1989, ch. 515, § 5; T.C.A., § 68-31-704.
(a) Within thirty (30) days after notice and an opportunity for a public hearing as provided in § 68-211-703 , the county legislative body, the municipal governing body or both such entities shall approve or disapprove the proposed new construction for solid waste disposal by landfilling or solid waste processing by landfilling.
(b) The following criteria shall be considered in evaluating such construction: (1) The type of waste to be disposed of at the landfill; (2) The method of disposal to be used at the landfill; (3) The projected impact on surrounding areas from noise and odor created by the proposed landfill; (4) The projected impact on property values on surrounding areas created by the proposed landfill; (5) The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed landfill; (6) The economic impact on the county, city or both; (7) The compatibility with existing development or zoning plans; and (8) Any other factor which may affect the public health, safety or welfare.
(1) The type of waste to be disposed of at the landfill;
(2) The method of disposal to be used at the landfill;
(3) The projected impact on surrounding areas from noise and odor created by the proposed landfill;
(4) The projected impact on property values on surrounding areas created by the proposed landfill;
(5) The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed landfill;
(6) The economic impact on the county, city or both;
(7) The compatibility with existing development or zoning plans; and
(8) Any other factor which may affect the public health, safety or welfare.
(c) Judicial review of the legislative body's determination shall be a de novo review before the chancery court for the county in which the landfill is proposed to be located.
Acts 1989, ch. 515, § 5; T.C.A., § 68-31-704.
Tenn. Code Ann. § 68-205-111 — TN Code / Title 68 / Chapter 205 / Section 68-205-111
Contract to perform duties of local government relating to special assessments
Status: in_force

The local government may contract with another local governmental entity, including a county assessor of property, to perform the duties of the local government relating to the billing, collection, enforcement, and remittance of special assessments imposed pursuant to this chapter. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
The local government may contract with another local governmental entity, including a county assessor of property, to perform the duties of the local government relating to the billing, collection, enforcement, and remittance of special assessments imposed pursuant to this chapter.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-221-1104 — TN Code / Title 68 / Chapter 221 / Section 68-221-1104
Condemnation of property
Status: in_force

A municipality may condemn either the fee or such right, title, interest, or easement in property within its corporate boundaries for any of the purposes mentioned in this part, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by this use. Such power of condemnation may be exercised in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. Acts 1993, ch. 257, § 4.
A municipality may condemn either the fee or such right, title, interest, or easement in property within its corporate boundaries for any of the purposes mentioned in this part, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by this use. Such power of condemnation may be exercised in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.
Acts 1993, ch. 257, § 4.
Tenn. Code Ann. § 68-212-218 — TN Code / Title 68 / Chapter 212 / Section 68-212-218
Landfill permits - Denial for past convictions
Status: in_force

No permit for a commercial landfill facility for disposal of hazardous wastes shall be issued pursuant to § 68-212-108 if: (1) Any person who is the legal or beneficial owner of ten percent (10%) or more of the stock of the company or corporation applying for such permit has been convicted of any felony or has been convicted of a misdemeanor for the unlawful storage, treatment or disposal of hazardous wastes; or (2) Any employee of the company or corporation applying for such permit has been convicted of any felony or has been convicted of a misdemeanor for the unlawful storage, treatment or disposal of hazardous wastes. Acts 1983, ch. 423, § 18; T.C.A., § 68-46-218.
No permit for a commercial landfill facility for disposal of hazardous wastes shall be issued pursuant to § 68-212-108 if:
(1) Any person who is the legal or beneficial owner of ten percent (10%) or more of the stock of the company or corporation applying for such permit has been convicted of any felony or has been convicted of a misdemeanor for the unlawful storage, treatment or disposal of hazardous wastes; or
(2) Any employee of the company or corporation applying for such permit has been convicted of any felony or has been convicted of a misdemeanor for the unlawful storage, treatment or disposal of hazardous wastes.
Acts 1983, ch. 423, § 18; T.C.A., § 68-46-218.
Tenn. Code Ann. § 68-211-1014 — TN Code / Title 68 / Chapter 211 / Section 68-211-1014
Certification of used oil transporters - Annual reports
Status: in_force

(a) The department shall develop certification procedures for transporters accepting used oil from public, private and commercial collection facilities. Such certification shall include: (1) A requirement that the transporter demonstrates familiarity with state regulations and proper used oil management rules; (2) A requirement that the equipment used in such transportation is in good mechanical condition and is suitable for the transportation of used oil; (3) A requirement of proof of liability insurance or other means of financial responsibility, as established by the department; (4) A showing that all recordkeeping and reporting practices are in compliance with all applicable regulations; and (5) Documentation that all used oil is delivered to qualified customers or certified recyclers. Such documentation shall include the names and addresses of such customers and recyclers. (b) The department shall require that transporters file an annual report which specifies the type and quantity of used oil transported, collected and recycled during the preceding year. (c) Any person who annually transports over public highways more than one thousand gallons (1,000 gal.) of used oil shall be a certified transporter. Persons who transport one thousand gallons (1,000 gal.) or less may also apply to the department for certification as a transporter. Acts 1993, ch. 185, § 15.
(a) The department shall develop certification procedures for transporters accepting used oil from public, private and commercial collection facilities. Such certification shall include: (1) A requirement that the transporter demonstrates familiarity with state regulations and proper used oil management rules; (2) A requirement that the equipment used in such transportation is in good mechanical condition and is suitable for the transportation of used oil; (3) A requirement of proof of liability insurance or other means of financial responsibility, as established by the department; (4) A showing that all recordkeeping and reporting practices are in compliance with all applicable regulations; and (5) Documentation that all used oil is delivered to qualified customers or certified recyclers. Such documentation shall include the names and addresses of such customers and recyclers.
(1) A requirement that the transporter demonstrates familiarity with state regulations and proper used oil management rules;
(2) A requirement that the equipment used in such transportation is in good mechanical condition and is suitable for the transportation of used oil;
(3) A requirement of proof of liability insurance or other means of financial responsibility, as established by the department;
(4) A showing that all recordkeeping and reporting practices are in compliance with all applicable regulations; and
(5) Documentation that all used oil is delivered to qualified customers or certified recyclers. Such documentation shall include the names and addresses of such customers and recyclers.
(b) The department shall require that transporters file an annual report which specifies the type and quantity of used oil transported, collected and recycled during the preceding year.
(c) Any person who annually transports over public highways more than one thousand gallons (1,000 gal.) of used oil shall be a certified transporter. Persons who transport one thousand gallons (1,000 gal.) or less may also apply to the department for certification as a transporter.
Acts 1993, ch. 185, § 15.
Tenn. Code Ann. § 68-215-113 — TN Code / Title 68 / Chapter 215 / Section 68-215-113
[Repealed] Reserved
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 292, s 9, eff. 7/1/2015. Acts 1988, ch. 984, § 15; T.C.A., § 68-53-113; Acts 2008 , ch. 794, § 10.
Repealed by 2015 Tenn. Acts, ch. 292, s 9, eff. 7/1/2015.
Acts 1988, ch. 984, § 15; T.C.A., § 68-53-113; Acts 2008 , ch. 794, § 10.
Tenn. Code Ann. § 68-221-411 — TN Code / Title 68 / Chapter 221 / Section 68-221-411
Laws or ordinances in conflict with part
Status: in_force

In any case where a provision of this part is found to be in conflict with a provision of any private or public act or local ordinances or code existing May 4, 1973, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. Acts 1973, ch. 188, § 12; T.C.A., §§ 53-2052, 68-13-411.
In any case where a provision of this part is found to be in conflict with a provision of any private or public act or local ordinances or code existing May 4, 1973, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
Acts 1973, ch. 188, § 12; T.C.A., §§ 53-2052, 68-13-411.
Tenn. Code Ann. § 68-211-912 — TN Code / Title 68 / Chapter 211 / Section 68-211-912
Counties and municipalities - Liability
Status: in_force

No county or municipality shall be liable for the payment of the principal or interest on any bonds, notes or other instruments evidencing indebtedness of the authority except as provided in this part. Neither shall any county or municipality be liable for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority except as provided in this part. Acts 1991, ch. 451, § 69; T.C.A., § 68-31-912.
No county or municipality shall be liable for the payment of the principal or interest on any bonds, notes or other instruments evidencing indebtedness of the authority except as provided in this part. Neither shall any county or municipality be liable for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority except as provided in this part.
Acts 1991, ch. 451, § 69; T.C.A., § 68-31-912.
Tenn. Code Ann. § 68-221-404 — TN Code / Title 68 / Chapter 221 / Section 68-221-404
Program for evaluation of new technologies
Status: in_force

The commissioner may develop a program for the evaluation of new technologies for use in subsurface sewage disposal systems. In the program, the commissioner shall first evaluate written documentation and the available studies and literature for such products. If the commissioner is satisfied with the results of this initial review, then the commissioner may authorize certain numbers of systems using the technology to be installed on an experimental basis for a period of time. During this time, the commissioner may require that mechanisms be used to protect the public and the environment. In the commissioner's discretion, this may include restrictive covenants on the property, or manufacturer's warranties with certain terms, or financial assurance mechanisms, including, but not limited to, surety or performance bonds, letters of credit, or escrow deposits. The commissioner may set the fee for permits for such experimental systems in a manner that reflects the department's costs for oversight and evaluation, fees paid by other systems, and the number of experimental systems installed, notwithstanding any rules that set a specific fee for experimental systems, to the contrary. Acts 2002, ch. 878, § 1.
The commissioner may develop a program for the evaluation of new technologies for use in subsurface sewage disposal systems. In the program, the commissioner shall first evaluate written documentation and the available studies and literature for such products. If the commissioner is satisfied with the results of this initial review, then the commissioner may authorize certain numbers of systems using the technology to be installed on an experimental basis for a period of time. During this time, the commissioner may require that mechanisms be used to protect the public and the environment. In the commissioner's discretion, this may include restrictive covenants on the property, or manufacturer's warranties with certain terms, or financial assurance mechanisms, including, but not limited to, surety or performance bonds, letters of credit, or escrow deposits. The commissioner may set the fee for permits for such experimental systems in a manner that reflects the department's costs for oversight and evaluation, fees paid by other systems, and the number of experimental systems installed, notwithstanding any rules that set a specific fee for experimental systems, to the contrary.
Acts 2002, ch. 878, § 1.
Tenn. Code Ann. § 68-213-103 — TN Code / Title 68 / Chapter 213 / Section 68-213-103
Approval of landfill area location
Status: in_force

No landfill area for the disposal of solid waste materials in this state shall be constructed and no contract between any person or persons for the purpose of constructing or utilizing the same shall be completed or executed unless the location of the landfill area shall have been approved by the department and the governing body of the area in which the site is located. Should the department or the governing body disapprove of the site, no further action shall be taken in regard to the construction of a landfill area at that site. Acts 1970, ch. 417, § 3; T.C.A., §§ 53-4503, 68-33-103.
No landfill area for the disposal of solid waste materials in this state shall be constructed and no contract between any person or persons for the purpose of constructing or utilizing the same shall be completed or executed unless the location of the landfill area shall have been approved by the department and the governing body of the area in which the site is located. Should the department or the governing body disapprove of the site, no further action shall be taken in regard to the construction of a landfill area at that site.
Acts 1970, ch. 417, § 3; T.C.A., §§ 53-4503, 68-33-103.
Tenn. Code Ann. § 68-211-122 — TN Code / Title 68 / Chapter 211 / Section 68-211-122
Approval for establishment of landfill through eminent domain
Status: in_force

Notwithstanding any other law to the contrary, a municipality may exercise the power of eminent domain to establish a landfill for solid waste disposal outside its corporate boundaries only if the governing body of the area in which the landfill is to be located approves such action by a majority vote at two (2) consecutive, regularly scheduled meetings. Acts 1998, ch. 908, § 1.
Notwithstanding any other law to the contrary, a municipality may exercise the power of eminent domain to establish a landfill for solid waste disposal outside its corporate boundaries only if the governing body of the area in which the landfill is to be located approves such action by a majority vote at two (2) consecutive, regularly scheduled meetings.
Acts 1998, ch. 908, § 1.
Tenn. Code Ann. § 68-221-401 — TN Code / Title 68 / Chapter 221 / Section 68-221-401
General requirements
Status: in_force

In order to minimize the possibility of endangering the health and welfare of the public and/or the development of esthetically offensive conditions, subsurface sewage disposal systems shall be so located, constructed and maintained that wastes discharged to or from such systems: (1) Do not contaminate any drinking water supply; (2) Are not accessible to rodents, insects or other potential carriers of disease; (3) Do not pollute or contaminate surface or ground water; (4) Are not a health hazard by being accessible to the general public; (5) Do not cause a nuisance due to odor or unsightly appearance; and (6) Will not violate any other laws or regulations governing water pollution or sewage disposal. Acts 1973, ch. 188, § 1; T.C.A., §§ 53-2042, 68-13-401.
In order to minimize the possibility of endangering the health and welfare of the public and/or the development of esthetically offensive conditions, subsurface sewage disposal systems shall be so located, constructed and maintained that wastes discharged to or from such systems:
(1) Do not contaminate any drinking water supply;
(2) Are not accessible to rodents, insects or other potential carriers of disease;
(3) Do not pollute or contaminate surface or ground water;
(4) Are not a health hazard by being accessible to the general public;
(5) Do not cause a nuisance due to odor or unsightly appearance; and
(6) Will not violate any other laws or regulations governing water pollution or sewage disposal.
Acts 1973, ch. 188, § 1; T.C.A., §§ 53-2042, 68-13-401.
Tenn. Code Ann. § 68-213-106 — TN Code / Title 68 / Chapter 213 / Section 68-213-106
Application of chapter
Status: in_force

This chapter applies to those counties having a population of: not less than nor more than 12,500 12,508 60,250 60,350 73,900 74,000 250,000 300,000 according to the federal census of 1960 or any subsequent federal census and to any county of the state having a metropolitan form of government. Acts 1970, ch. 417, § 6; 1978, ch. 546, § 1; 1978, ch. 862, § 1; 1979, ch. 58, § 1; 1980, ch. 461, § 1; T.C.A., §§ 53-4506, 68-33-106.
This chapter applies to those counties having a population of:
not less than nor more than 12,500 12,508 60,250 60,350 73,900 74,000 250,000 300,000
not less than
nor more than
12,500
12,508
60,250
60,350
73,900
74,000
250,000
300,000
according to the federal census of 1960 or any subsequent federal census and to any county of the state having a metropolitan form of government.
Acts 1970, ch. 417, § 6; 1978, ch. 546, § 1; 1978, ch. 862, § 1; 1979, ch. 58, § 1; 1980, ch. 461, § 1; T.C.A., §§ 53-4506, 68-33-106.
Tenn. Code Ann. § 68-221-708 — TN Code / Title 68 / Chapter 221 / Section 68-221-708
Notification to public and regulatory agencies
Status: in_force

(a) Whenever a public water system is not in compliance with the current primary drinking water regulations, the supplier shall inform the division of such noncompliance as soon as practicable, but not later than twenty-four (24) hours after learning of the noncompliance. (b) The supplier shall also give such public notification as may be prescribed by regulations. (c) Any public water system or waterworks system, as defined in this title, which determines to initiate or permanently cease fluoridation of its water supply, shall notify the department of environment and conservation and the department of health of its intention thirty (30) days prior to any vote. The water system shall additionally give public notice to its customers in a general mailing at least thirty (30) days prior to the meeting at which said vote shall take place. Acts 1983, ch. 324, § 9; T.C.A., § 68-13-708; Acts 2002, ch. 602, § 1; 2011, ch. 237, § 1; 2012, ch. 777, § 1.
(a) Whenever a public water system is not in compliance with the current primary drinking water regulations, the supplier shall inform the division of such noncompliance as soon as practicable, but not later than twenty-four (24) hours after learning of the noncompliance.
(b) The supplier shall also give such public notification as may be prescribed by regulations.
(c) Any public water system or waterworks system, as defined in this title, which determines to initiate or permanently cease fluoridation of its water supply, shall notify the department of environment and conservation and the department of health of its intention thirty (30) days prior to any vote. The water system shall additionally give public notice to its customers in a general mailing at least thirty (30) days prior to the meeting at which said vote shall take place.
Acts 1983, ch. 324, § 9; T.C.A., § 68-13-708; Acts 2002, ch. 602, § 1; 2011, ch. 237, § 1; 2012, ch. 777, § 1.
Tenn. Code Ann. § 68-221-707 — TN Code / Title 68 / Chapter 221 / Section 68-221-707
Supervision of operation and maintenance of public water systems
Status: in_force

(a) The department shall exercise general supervision over the operation and maintenance of public water systems throughout the state. (b) Such general supervision shall include all the features of operation and maintenance which do or may affect the quality or quantity of the water supplied. (c) In addition, all new community public water systems shall submit an operation and maintenance plan for review and approval by the department. (d) Approval of this plan must be obtained before construction begins. Acts 1983, ch. 324, § 8; T.C.A., § 68-13-707.
(a) The department shall exercise general supervision over the operation and maintenance of public water systems throughout the state.
(b) Such general supervision shall include all the features of operation and maintenance which do or may affect the quality or quantity of the water supplied.
(c) In addition, all new community public water systems shall submit an operation and maintenance plan for review and approval by the department.
(d) Approval of this plan must be obtained before construction begins.
Acts 1983, ch. 324, § 8; T.C.A., § 68-13-707.
Tenn. Code Ann. § 68-202-706 — TN Code / Title 68 / Chapter 202 / Section 68-202-706
Inspections and examinations
Status: in_force

The commissioner or the commissioner's duly authorized representative is authorized to make inspections and examinations of the radiation sources which are subject to this part as the commissioner may deem proper, and for this purpose shall have the right to enter, at any reasonable hour, upon any premises for inspection or examination. Any person obstructing entry is in violation of this part. Acts 1993, ch. 143, § 3.
The commissioner or the commissioner's duly authorized representative is authorized to make inspections and examinations of the radiation sources which are subject to this part as the commissioner may deem proper, and for this purpose shall have the right to enter, at any reasonable hour, upon any premises for inspection or examination. Any person obstructing entry is in violation of this part.
Acts 1993, ch. 143, § 3.
Tenn. Code Ann. § 68-212-312 — TN Code / Title 68 / Chapter 212 / Section 68-212-312
Rules and regulations - Appeals
Status: in_force

In addition to all other enumerated powers in this chapter and chapter 211 of this title, the board is authorized to promulgate rules and regulations to effectuate the purpose of this part, and to hear appeals from orders or assessments issued by the commissioner pursuant to this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1990, ch. 754, § 15; T.C.A., § 68-46-312.
In addition to all other enumerated powers in this chapter and chapter 211 of this title, the board is authorized to promulgate rules and regulations to effectuate the purpose of this part, and to hear appeals from orders or assessments issued by the commissioner pursuant to this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1990, ch. 754, § 15; T.C.A., § 68-46-312.
Tenn. Code Ann. § 68-221-904 — TN Code / Title 68 / Chapter 221 / Section 68-221-904
Certified operators only - Violations of part - Penalties
Status: in_force

(a) It is unlawful for any person, firm or corporation, both municipal and private, operating a water supply system or wastewater system, to operate the water treatment plant, wastewater treatment plant, water distribution system, or wastewater collection system unless the competency of the operators in direct charge of such system are duly certified by the commissioner under this part in effect on and after May 25, 1984, or under former chapter 13, part 3 of this title in effect prior to May 25, 1984. (b) Any municipality, utility district, corporation, or persons violating any provisions of this part or the rules and regulations adopted thereunder commits a Class C misdemeanor, and each day in violation constitutes a separate offense. (c) (1) Additionally, any municipality, utility district, corporation or persons violating any provisions of this part, or the rules and regulations adopted thereunder, shall be subject to civil penalties up to ten thousand dollars ($10,000) per day, for each day during which the violation occurs. (2) The commissioner has the duty and authority to levy civil penalties authorized in subdivision (c)(1), the duty and authority to issue orders requiring compliance with this part, and to hold show cause meetings with the persons or entities to whom the orders are proposed to be issued. Amended by 2013 Tenn. Acts, ch. 362,s 2, eff. 7/1/2013. Acts 1984, ch. 812, §§ 4, 13; 1989, ch. 591, § 113; T.C.A., § 68-13-904.
(a) It is unlawful for any person, firm or corporation, both municipal and private, operating a water supply system or wastewater system, to operate the water treatment plant, wastewater treatment plant, water distribution system, or wastewater collection system unless the competency of the operators in direct charge of such system are duly certified by the commissioner under this part in effect on and after May 25, 1984, or under former chapter 13, part 3 of this title in effect prior to May 25, 1984.
(b) Any municipality, utility district, corporation, or persons violating any provisions of this part or the rules and regulations adopted thereunder commits a Class C misdemeanor, and each day in violation constitutes a separate offense.
(c) (1) Additionally, any municipality, utility district, corporation or persons violating any provisions of this part, or the rules and regulations adopted thereunder, shall be subject to civil penalties up to ten thousand dollars ($10,000) per day, for each day during which the violation occurs. (2) The commissioner has the duty and authority to levy civil penalties authorized in subdivision (c)(1), the duty and authority to issue orders requiring compliance with this part, and to hold show cause meetings with the persons or entities to whom the orders are proposed to be issued.
(1) Additionally, any municipality, utility district, corporation or persons violating any provisions of this part, or the rules and regulations adopted thereunder, shall be subject to civil penalties up to ten thousand dollars ($10,000) per day, for each day during which the violation occurs.
(2) The commissioner has the duty and authority to levy civil penalties authorized in subdivision (c)(1), the duty and authority to issue orders requiring compliance with this part, and to hold show cause meetings with the persons or entities to whom the orders are proposed to be issued.
Amended by 2013 Tenn. Acts, ch. 362,s 2, eff. 7/1/2013.
Acts 1984, ch. 812, §§ 4, 13; 1989, ch. 591, § 113; T.C.A., § 68-13-904.
Tenn. Code Ann. § 68-211-909 — TN Code / Title 68 / Chapter 211 / Section 68-211-909
Counties and municipalities - Assignment or loan of employees and provision of facilities to authority
Status: in_force

For the purpose of aiding and cooperating with an authority, any county or municipality with respect to which such authority is created may assign or loan any of its employees, including its engineering staff and facilities, and may provide necessary office space, equipment or other facilities for the use of such authority. Acts 1991, ch. 451, § 66; T.C.A., § 68-31-909.
For the purpose of aiding and cooperating with an authority, any county or municipality with respect to which such authority is created may assign or loan any of its employees, including its engineering staff and facilities, and may provide necessary office space, equipment or other facilities for the use of such authority.
Acts 1991, ch. 451, § 66; T.C.A., § 68-31-909.
Tenn. Code Ann. § 68-202-507 — TN Code / Title 68 / Chapter 202 / Section 68-202-507
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 the provisions of 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 of environment and conservation, 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, 68-23-507.
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 the provisions of 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 of environment and conservation, 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, 68-23-507.
Tenn. Code Ann. § 68-211-607 — TN Code / Title 68 / Chapter 211 / Section 68-211-607
Department of transportation - Use of recyclable materials
Status: in_force

The department of transportation shall seek alternative ways to use certain recyclable materials that are currently part of the solid waste stream and that contribute to problems of declining space in solid waste landfills. Acts 1989, ch. 250, § 7; T.C.A., § 68-31-607.
The department of transportation shall seek alternative ways to use certain recyclable materials that are currently part of the solid waste stream and that contribute to problems of declining space in solid waste landfills.
Acts 1989, ch. 250, § 7; T.C.A., § 68-31-607.
Tenn. Code Ann. § 68-201-111 — TN Code / Title 68 / Chapter 201 / Section 68-201-111
Right of board or commissioner to injunctive relief
Status: in_force

The board or commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any duly promulgated rule or regulation or of any order of the board. Acts 1967, ch. 367, § 11; 1971, ch. 362, § 9; T.C.A., §§ 53-3418, 68-25-111.
The board or commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any duly promulgated rule or regulation or of any order of the board.
Acts 1967, ch. 367, § 11; 1971, ch. 362, § 9; T.C.A., §§ 53-3418, 68-25-111.
Tenn. Code Ann. § 68-211-112 — TN Code / Title 68 / Chapter 211 / Section 68-211-112
Orders for correction - Preliminary conference with alleged violator
Status: in_force

When the commissioner finds, upon investigation, that any provisions of this part are not being carried out, and that effective measures are not being taken to comply with this part, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be made by personal service or shall be sent by registered mail. Investigations made in accordance with this section may be made on the initiative of the commissioner. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of an alleged violator of this part at a meeting of the staff of the division of solid waste management to show cause why enforcement action ought not to be taken by the department. Acts 1969, ch. 295, § 12; 1980, ch. 662, § 4; T.C.A., §§ 53-4312, 68-31-112.
When the commissioner finds, upon investigation, that any provisions of this part are not being carried out, and that effective measures are not being taken to comply with this part, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be made by personal service or shall be sent by registered mail. Investigations made in accordance with this section may be made on the initiative of the commissioner. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of an alleged violator of this part at a meeting of the staff of the division of solid waste management to show cause why enforcement action ought not to be taken by the department.
Acts 1969, ch. 295, § 12; 1980, ch. 662, § 4; T.C.A., §§ 53-4312, 68-31-112.
Tenn. Code Ann. § 68-215-104 — TN Code / Title 68 / Chapter 215 / Section 68-215-104
Unlawful actions
Status: in_force

It is unlawful to: (1) Cause or permit the release of a petroleum substance from a petroleum underground storage tank into the environment; (2) Construct, alter or operate a petroleum underground storage tank in violation of this chapter or the rules or regulations established pursuant thereto; (3) Refuse or fail to pay to the department fees assessed pursuant to this chapter and in violation of the rules, regulations, or orders of the commissioner or board; (4) Receive, or to attempt to receive reimbursement from the petroleum underground storage tank fund in a fraudulent manner; (5) Refuse or fail to comply with any order of the commissioner or the board that has become final; (6) Install petroleum underground storage tanks that do not meet the minimum standards pursuant to this chapter; or (7) Submit to the department any document, in written or electronic format, known to be false or known to contain any materially false, fictitious or fraudulent statement or entry; knowingly make any materially false, fictitious, or fraudulent statement or representation; or knowingly falsify, conceal, or cover up a material fact. Acts 1988, ch. 984, § 6; 1990, ch. 855, § 2; T.C.A., § 68-53-104; Acts 2004, ch. 925, § 2; 2010, ch. 903, § 3.
It is unlawful to:
(1) Cause or permit the release of a petroleum substance from a petroleum underground storage tank into the environment;
(2) Construct, alter or operate a petroleum underground storage tank in violation of this chapter or the rules or regulations established pursuant thereto;
(3) Refuse or fail to pay to the department fees assessed pursuant to this chapter and in violation of the rules, regulations, or orders of the commissioner or board;
(4) Receive, or to attempt to receive reimbursement from the petroleum underground storage tank fund in a fraudulent manner;
(5) Refuse or fail to comply with any order of the commissioner or the board that has become final;
(6) Install petroleum underground storage tanks that do not meet the minimum standards pursuant to this chapter; or
(7) Submit to the department any document, in written or electronic format, known to be false or known to contain any materially false, fictitious or fraudulent statement or entry; knowingly make any materially false, fictitious, or fraudulent statement or representation; or knowingly falsify, conceal, or cover up a material fact.
Acts 1988, ch. 984, § 6; 1990, ch. 855, § 2; T.C.A., § 68-53-104; Acts 2004, ch. 925, § 2; 2010, ch. 903, § 3.
Tenn. Code Ann. § 68-202-407 — TN Code / Title 68 / Chapter 202 / Section 68-202-407
Donations
Status: in_force

(a) In addition, the state may acquire voluntary contributions, donations, or other transfers from the specific licensee, or third persons, including other governmental agencies, in order to provide the necessary services to protect the public health, safety or welfare at contaminated sites or at abandoned, inoperative, or decommissioned facilities owning, storing, or otherwise possessing radioactive materials. Any such transfer of cash, land, or other assets is subject to the approval and acceptance of the donation by the commissioner. (b) In the event that a person or entity licensed by a governmental agency, other than the state of Tennessee, should ever attempt to transfer an abandoned, inoperative, or decommissioned facility owning, storing, or otherwise possessing radioactive materials to the custody of the state of Tennessee, the commissioner shall require that the person transferring the facility make a lump sum contribution to the radiation reclamation trust fund or the perpetual care trust fund pursuant to § 68-202-402 in an amount to be determined by the commissioner by rule, regulation, or order based upon the rule or regulation. Acts 1976, ch. 475, § 7; T.C.A., §§ 53-3329, 68-23-407.
(a) In addition, the state may acquire voluntary contributions, donations, or other transfers from the specific licensee, or third persons, including other governmental agencies, in order to provide the necessary services to protect the public health, safety or welfare at contaminated sites or at abandoned, inoperative, or decommissioned facilities owning, storing, or otherwise possessing radioactive materials. Any such transfer of cash, land, or other assets is subject to the approval and acceptance of the donation by the commissioner.
(b) In the event that a person or entity licensed by a governmental agency, other than the state of Tennessee, should ever attempt to transfer an abandoned, inoperative, or decommissioned facility owning, storing, or otherwise possessing radioactive materials to the custody of the state of Tennessee, the commissioner shall require that the person transferring the facility make a lump sum contribution to the radiation reclamation trust fund or the perpetual care trust fund pursuant to § 68-202-402 in an amount to be determined by the commissioner by rule, regulation, or order based upon the rule or regulation.
Acts 1976, ch. 475, § 7; T.C.A., §§ 53-3329, 68-23-407.
Tenn. Code Ann. § 68-205-113 — TN Code / Title 68 / Chapter 205 / Section 68-205-113
Requirement of written contract to repay financing of qualified project through special assessments prohibited
Status: in_force

A local government that establishes a region shall not: (1) Make the issuance of a permit, license, or other authorization from the local government to a person who owns property in the region contingent on the person entering into a written contract to repay the financing of a qualified project through special assessments under this chapter; or (2) Otherwise compel a person who owns property in the region to enter into a written contract to repay the financing of a qualified project through special assessments. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
A local government that establishes a region shall not:
(1) Make the issuance of a permit, license, or other authorization from the local government to a person who owns property in the region contingent on the person entering into a written contract to repay the financing of a qualified project through special assessments under this chapter; or
(2) Otherwise compel a person who owns property in the region to enter into a written contract to repay the financing of a qualified project through special assessments.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-212-407 — TN Code / Title 68 / Chapter 212 / Section 68-212-407
Protection of trustees and fiduciaries not affected
Status: in_force

Nothing in this part or § 68-212-202 shall be construed to limit or reduce the protection from liability for an inactive hazardous waste site or underground storage tank facility afforded to trustees, or other fiduciaries, under § 35-50-110(32) , any other applicable statute, or common law exemptions or protections. Acts 1995, ch. 375, § 10.
Nothing in this part or § 68-212-202 shall be construed to limit or reduce the protection from liability for an inactive hazardous waste site or underground storage tank facility afforded to trustees, or other fiduciaries, under § 35-50-110(32) , any other applicable statute, or common law exemptions or protections.
Acts 1995, ch. 375, § 10.