Tenn. Code Ann. § 68-221-402 — TN Code / Title 68 / Chapter 221 / Section 68-221-402
Part definitions
Status: in_force

For the purposes of this part and subsequent regulations and standards, the following words and phrases have the following meanings, unless the context otherwise requires: (1) "Alternative method of disposal" means a subsurface sewage disposal system, the construction, installation and operation of which varies from that of conventional subsurface sewage disposal systems; (2) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner; (3) "Department" means the department of environment and conservation; (4) "Lot" means a part of a subdivision or a parcel of land intended for the building of a single house, building or other development; (5) "Permit" means a written authorization issued by the commissioner licensing one (1) of the following: the construction, alteration, extension or repair of a subsurface sewage disposal system, or the removal and disposal of accumulated wastes from subsurface sewage disposal systems, and including those engaged in such businesses; (6) "Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities, or political subdivisions or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country; (7) "Public sewerage system" means the conduits, sewers and all devices and appurtenances by means of which sewage is collected, pumped, treated and disposed of; all of which are owned and operated by a municipality, utility district or other legally constituted agencies of government; (8) "Sewage" means human excreta, all water carried wastes, and household wastes from residences, buildings, or commercial and industrial establishments; (9) "Subdivision" means any tract or parcel of land divided into two (2) or more lots, sites or other division for the purpose of immediate or future building of houses, buildings or other development where subsurface sewage disposal systems are to be used. "Subdivision" does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts are five (5) acres or larger in size; and (10) "Subsurface sewage disposal system" means a system, other than a public or community system, which receives sewage. Included within the scope of this definition are septic tank absorption systems, privies, chemical toilets, and other similar systems. However, "subsurface sewage disposal system" does not include a sewerage system regulated under part 1 of this chapter, and title 69, chapter 3. Acts 1973, ch. 188, § 2; 1975, ch. 169, § 1; T.C.A., § 53-2042; Acts 1986, ch. 735, § 1; T.C.A., § 68-13-402.
For the purposes of this part and subsequent regulations and standards, the following words and phrases have the following meanings, unless the context otherwise requires:
(1) "Alternative method of disposal" means a subsurface sewage disposal system, the construction, installation and operation of which varies from that of conventional subsurface sewage disposal systems;
(2) "Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner;
(3) "Department" means the department of environment and conservation;
(4) "Lot" means a part of a subdivision or a parcel of land intended for the building of a single house, building or other development;
(5) "Permit" means a written authorization issued by the commissioner licensing one (1) of the following: the construction, alteration, extension or repair of a subsurface sewage disposal system, or the removal and disposal of accumulated wastes from subsurface sewage disposal systems, and including those engaged in such businesses;
(6) "Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities, or political subdivisions or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country;
(7) "Public sewerage system" means the conduits, sewers and all devices and appurtenances by means of which sewage is collected, pumped, treated and disposed of; all of which are owned and operated by a municipality, utility district or other legally constituted agencies of government;
(8) "Sewage" means human excreta, all water carried wastes, and household wastes from residences, buildings, or commercial and industrial establishments;
(9) "Subdivision" means any tract or parcel of land divided into two (2) or more lots, sites or other division for the purpose of immediate or future building of houses, buildings or other development where subsurface sewage disposal systems are to be used. "Subdivision" does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts are five (5) acres or larger in size; and
(10) "Subsurface sewage disposal system" means a system, other than a public or community system, which receives sewage. Included within the scope of this definition are septic tank absorption systems, privies, chemical toilets, and other similar systems. However, "subsurface sewage disposal system" does not include a sewerage system regulated under part 1 of this chapter, and title 69, chapter 3.
Acts 1973, ch. 188, § 2; 1975, ch. 169, § 1; T.C.A., § 53-2042; Acts 1986, ch. 735, § 1; T.C.A., § 68-13-402.
Tenn. Code Ann. § 68-221-809 — TN Code / Title 68 / Chapter 221 / Section 68-221-809
Implementation of technological and fiscal systems
Status: in_force

(a) (1) The department shall promulgate rules and regulations to assure selection of appropriate technology, cost effective design, and use of value engineering in the construction of wastewater treatment works, and also to establish a peer review system for review of construction projects prior to any grants being made pursuant to this part. (2) Such peer review system shall be eligible for funding under this part. (b) (1) (A) The department shall adopt rules and regulations to assure that municipalities receiving grants pursuant to this part adopt and maintain user rate structures that will fund operation, maintenance, principal and interest obligations and an adequate depreciation account to replace the cost of the wastewater treatment works over its useful life based upon the straight line method of accounting. (B) Useful life and straight line method shall be determined in accordance with 26 U.S.C. § 167 and 26 CFR 1.167 (a)-1 et seq. (2) A municipality aggrieved by action taken pursuant to this subsection (b), or regulations promulgated pursuant to it, may seek relief in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1984, ch. 768, §§ 9, 10; T.C.A., § 68-13-809.
(a) (1) The department shall promulgate rules and regulations to assure selection of appropriate technology, cost effective design, and use of value engineering in the construction of wastewater treatment works, and also to establish a peer review system for review of construction projects prior to any grants being made pursuant to this part. (2) Such peer review system shall be eligible for funding under this part.
(1) The department shall promulgate rules and regulations to assure selection of appropriate technology, cost effective design, and use of value engineering in the construction of wastewater treatment works, and also to establish a peer review system for review of construction projects prior to any grants being made pursuant to this part.
(2) Such peer review system shall be eligible for funding under this part.
(b) (1) (A) The department shall adopt rules and regulations to assure that municipalities receiving grants pursuant to this part adopt and maintain user rate structures that will fund operation, maintenance, principal and interest obligations and an adequate depreciation account to replace the cost of the wastewater treatment works over its useful life based upon the straight line method of accounting. (B) Useful life and straight line method shall be determined in accordance with 26 U.S.C. § 167 and 26 CFR 1.167 (a)-1 et seq. (2) A municipality aggrieved by action taken pursuant to this subsection (b), or regulations promulgated pursuant to it, may seek relief in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) (A) The department shall adopt rules and regulations to assure that municipalities receiving grants pursuant to this part adopt and maintain user rate structures that will fund operation, maintenance, principal and interest obligations and an adequate depreciation account to replace the cost of the wastewater treatment works over its useful life based upon the straight line method of accounting. (B) Useful life and straight line method shall be determined in accordance with 26 U.S.C. § 167 and 26 CFR 1.167 (a)-1 et seq.
(A) The department shall adopt rules and regulations to assure that municipalities receiving grants pursuant to this part adopt and maintain user rate structures that will fund operation, maintenance, principal and interest obligations and an adequate depreciation account to replace the cost of the wastewater treatment works over its useful life based upon the straight line method of accounting.
(B) Useful life and straight line method shall be determined in accordance with 26 U.S.C. § 167 and 26 CFR 1.167 (a)-1 et seq.
(2) A municipality aggrieved by action taken pursuant to this subsection (b), or regulations promulgated pursuant to it, may seek relief in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1984, ch. 768, §§ 9, 10; T.C.A., § 68-13-809.
Tenn. Code Ann. § 68-205-105 — TN Code / Title 68 / Chapter 205 / Section 68-205-105
Establishment of C-PACER program - Amendment - Fees to offset costs of administering program
Status: in_force

(a) To establish a C-PACER program under this chapter, the local government must act in the following order: (1) Adopt a resolution of intent that includes: (A) A finding that the financing of qualified projects through special assessments is a valid public purpose; (B) A statement that the local government intends to authorize direct financing between property owners and capital providers as the means to finance qualified projects; (C) A statement that the local government intends to authorize special assessments, entered into voluntarily by a property owner with the local government by means of the written assessment contract, as the means to repay the financing for qualified projects available to property owners; (D) A description of the types of qualified projects that may be subject to special assessments; (E) A description of the boundaries of the region; (F) A description of any proposed arrangements for administration of the program, including administration pursuant to this chapter, to be available; (G) A description of local government debt-servicing procedures if a third party is responsible for servicing the installment payments on the C-PACER financing, unless delegated pursuant to § 68-205-107(b) ; (H) A statement of the time and place for a public hearing on the proposed program as required in subdivision (a)(2); and (I) A statement identifying the appropriate local official and the county tax collector for consulting about the collection of proposed special assessments with property taxes imposed on the assessed property; (2) Hold a hearing for the public to comment on the proposed program; and (3) Adopt a resolution establishing the program and its terms. (b) Subject to the terms of the resolution establishing the program as provided in subdivision (a)(3), the local government may amend a program by resolution. (c) A local government or its designee, including the program administrator, is authorized to impose fees to offset the actual and reasonable costs of administering a program. The fees may be assessed as part of the program application, to be paid by the property owner requesting to participate in the program. Service fees of approved applications must be calculated as one percent (1%) of the total amount financed, not to exceed fifty thousand dollars ($50,000). Service fees retained by a local government or its designee must be placed into a reserve account and utilized for the local government and assessor-related costs if the local government chooses to exercise its authority under § 68-205-107(d) . If the local government does not choose to exercise its authority under § 68-205-107(d) , then the funds must be placed into an account designated by the local government or its designee. Amended by 2022 Tenn. Acts, ch. 868, s 5, eff. 4/14/2022. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
(a) To establish a C-PACER program under this chapter, the local government must act in the following order: (1) Adopt a resolution of intent that includes: (A) A finding that the financing of qualified projects through special assessments is a valid public purpose; (B) A statement that the local government intends to authorize direct financing between property owners and capital providers as the means to finance qualified projects; (C) A statement that the local government intends to authorize special assessments, entered into voluntarily by a property owner with the local government by means of the written assessment contract, as the means to repay the financing for qualified projects available to property owners; (D) A description of the types of qualified projects that may be subject to special assessments; (E) A description of the boundaries of the region; (F) A description of any proposed arrangements for administration of the program, including administration pursuant to this chapter, to be available; (G) A description of local government debt-servicing procedures if a third party is responsible for servicing the installment payments on the C-PACER financing, unless delegated pursuant to § 68-205-107(b) ; (H) A statement of the time and place for a public hearing on the proposed program as required in subdivision (a)(2); and (I) A statement identifying the appropriate local official and the county tax collector for consulting about the collection of proposed special assessments with property taxes imposed on the assessed property; (2) Hold a hearing for the public to comment on the proposed program; and (3) Adopt a resolution establishing the program and its terms.
(1) Adopt a resolution of intent that includes: (A) A finding that the financing of qualified projects through special assessments is a valid public purpose; (B) A statement that the local government intends to authorize direct financing between property owners and capital providers as the means to finance qualified projects; (C) A statement that the local government intends to authorize special assessments, entered into voluntarily by a property owner with the local government by means of the written assessment contract, as the means to repay the financing for qualified projects available to property owners; (D) A description of the types of qualified projects that may be subject to special assessments; (E) A description of the boundaries of the region; (F) A description of any proposed arrangements for administration of the program, including administration pursuant to this chapter, to be available; (G) A description of local government debt-servicing procedures if a third party is responsible for servicing the installment payments on the C-PACER financing, unless delegated pursuant to § 68-205-107(b) ; (H) A statement of the time and place for a public hearing on the proposed program as required in subdivision (a)(2); and (I) A statement identifying the appropriate local official and the county tax collector for consulting about the collection of proposed special assessments with property taxes imposed on the assessed property;
(A) A finding that the financing of qualified projects through special assessments is a valid public purpose;
(B) A statement that the local government intends to authorize direct financing between property owners and capital providers as the means to finance qualified projects;
(C) A statement that the local government intends to authorize special assessments, entered into voluntarily by a property owner with the local government by means of the written assessment contract, as the means to repay the financing for qualified projects available to property owners;
(D) A description of the types of qualified projects that may be subject to special assessments;
(E) A description of the boundaries of the region;
(F) A description of any proposed arrangements for administration of the program, including administration pursuant to this chapter, to be available;
(G) A description of local government debt-servicing procedures if a third party is responsible for servicing the installment payments on the C-PACER financing, unless delegated pursuant to § 68-205-107(b) ;
(H) A statement of the time and place for a public hearing on the proposed program as required in subdivision (a)(2); and
(I) A statement identifying the appropriate local official and the county tax collector for consulting about the collection of proposed special assessments with property taxes imposed on the assessed property;
(2) Hold a hearing for the public to comment on the proposed program; and
(3) Adopt a resolution establishing the program and its terms.
(b) Subject to the terms of the resolution establishing the program as provided in subdivision (a)(3), the local government may amend a program by resolution.
(c) A local government or its designee, including the program administrator, is authorized to impose fees to offset the actual and reasonable costs of administering a program. The fees may be assessed as part of the program application, to be paid by the property owner requesting to participate in the program. Service fees of approved applications must be calculated as one percent (1%) of the total amount financed, not to exceed fifty thousand dollars ($50,000). Service fees retained by a local government or its designee must be placed into a reserve account and utilized for the local government and assessor-related costs if the local government chooses to exercise its authority under § 68-205-107(d) . If the local government does not choose to exercise its authority under § 68-205-107(d) , then the funds must be placed into an account designated by the local government or its designee.
Amended by 2022 Tenn. Acts, ch. 868, s 5, eff. 4/14/2022.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-212-108 — TN Code / Title 68 / Chapter 212 / Section 68-212-108
Permits - Bond - Terminated facilities - Perpetual care trust fund - Hazardous waste trust fund
Status: in_force

(a) (1) No person shall construct, substantially alter, or own or operate a hazardous waste treatment, storage, or disposal facility, nor shall any person treat, store, or dispose of a hazardous waste, nor shall any hazardous waste transporter receive a hazardous waste from, or deliver a hazardous waste to, any location in the state, without first obtaining a permit from the commissioner for such facility or activity. No such permit shall be issued or otherwise authorized unless and until the person has complied with the requirements established by the board in regulations promulgated under this part. All permits for hazardous waste management facilities and transporters shall be issued by the commissioner. All such permits shall be issued according to procedures established by the board in regulations promulgated under this part. (2) After public notice and an opportunity for comment, the commissioner may, to the extent allowed in regulations adopted by the board, grant variances and waivers for persons; and the board may through the rulemaking process establish exemptions from the requirements of this part and permits-by-rule for classes of activities subject to the requirements of this part; provided, that it is demonstrated to a reasonable degree of certainty that design or operating practices will prevent degradation of the environment and will adequately protect the public health, safety and environment; and provided further, that the commissioner shall not waive the requirement that a community impact statement be filed. (b) Each permit shall contain such terms and conditions as the commissioner deems necessary under the regulations promulgated under this part and shall be issued for a fixed period of time. A permit may be modified at any time for cause. (c) (1) The commissioner may require the posting of a bond by any applicant for permitting of a hazardous waste storage facility, treatment facility or disposal facility. Such bond shall be to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of the applicant to meet the requirements regarding a public health hazard created by the presence of hazardous waste at a site occupied by the applicant or formerly under its possession, ownership, or control. The amount of the bond will be established by the commissioner as a permit condition and based on the estimated costs of providing proper closure, or post-closure care to the facility. In establishing such requirements, the commissioner shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of hazardous waste used by the applicant, the costs of reclamation of the property in the event of abandonment, insolvency or other inability of the applicant to perform such services to the satisfaction of the commissioner. (2) In the event it is determined that there is a reasonable probability that a permitted facility or site will eventually cease to operate while containing, storing, or otherwise treating hazardous wastes on the premises which will require continuing and perpetual care or surveillance over the facility or site to protect the public health, safety or welfare, the commissioner, for the commissioner's respective area of permitting authority, may require for storage, treatment or disposal facilities, a sum to be deposited by the applicant, in addition to the posted bond, in such amounts and under such circumstances as the commissioner shall determine as necessary by rule, regulation, or order based upon such rule or regulation, in a trust fund maintained as the perpetual care trust fund in the name of the state. In establishing such additional requirements, the commissioner shall give due consideration to the nature of the hazardous waste material, the size and type of facility or site to be decommissioned, and the anticipated expenses of perpetual care and surveillance. (3) No private entity shall be precluded by reason of criteria established under subdivisions (c)(1) and (2) from the ownership or operation of facilities providing hazardous waste treatment, storage, or disposal services where such entity can provide assurance of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the treatment, storage or disposal of a specified hazardous waste. (4) An acceptable bond shall be issued by a fidelity or surety company authorized to do business in this state; a personal bond supported by such collateral as the commissioner shall deem to be satisfactory; or a cash bond in an amount to be determined by the commissioner. Acceptable forms of collateral shall be established by the board by regulation and shall include, but are not limited to, insurance policies, letters of credit or securities. (5) The bonds obtained by any applicant shall be payable to the state of Tennessee and shall remain effective until such time as the commissioner determines that the facility or site involved no longer presents a danger to the public health and welfare. (6) At any time during the life of a bond, the commissioner, for the commissioner's respective area of permitting authority, may order forfeiture of the bond of a storage, treatment, or disposal facility based upon the commissioner's determination of abandonment, insolvency or other inability of the applicant to perform to the satisfaction of the commissioner. The board shall promulgate regulations to ensure the applicant adequate notice and an opportunity to be heard on the matter of forfeiture. All forfeited bonds shall be deposited in a special account in the name of the state, entitled "the hazardous waste trust fund." All moneys deposited in the fund may be expended by the commissioner as the commissioner considers necessary to assure the protection of the public health, safety, or welfare. Following the detoxification, the removal and disposal of any hazardous waste, and the reclamation of the premises, any funds remaining from the forfeited bond shall accrue to the state and shall not be refundable to the applicant. Any unencumbered moneys and any unexpended balance of the fund, together with any interest accruing on investments and deposits of the fund, remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in the fund until expended in accordance with this part. The moneys which are deposited in the hazardous waste trust fund and the perpetual care trust fund shall not be used for normal operating expenses of the department, but shall be expended only for the detoxification, removal and disposal of any hazardous waste, reclamation of sites or facilities, and perpetual care and surveillance of sites or facilities where the applicant has abandoned, defaulted, or otherwise refused to perform the above services to the satisfaction of the commissioner. Moneys accumulated in the hazardous waste trust fund or the perpetual care trust fund may be transferred by the commissioner whenever it is determined by the commissioner that the transfer of such funds is required to provide services at abandoned, inoperative, decommissioned facilities or at contaminated sites to protect the public health, safety or welfare. (d) The commissioner may require any applicant for permitting of a hazardous waste storage facility, treatment facility, or disposal facility, and any such permittee, to have and maintain financial responsibility as may be necessary for bodily injury and property damage to third parties caused by sudden or nonsudden accidental occurrences arising from operations of the facility. The board shall promulgate and adopt rules and regulations as necessary or desirable to implement this provision. (e) The commissioner may deny or revoke any permit of a storage, treatment or disposal facility if the commissioner finds that the applicant or permittee has failed to comply with any term or condition of the permit, this part, any order of the commissioner, or any rules, regulations or standards adopted pursuant hereto. (f) (1) The department shall give public notice of an application for a permit for a commercial facility for the storage, treatment, or disposal of hazardous waste within thirty (30) days of its receipt. The commissioner shall hold a community meeting concerning such a permit application within forty-five (45) days of the publication of the public notice. This shall be in addition to the public notice and hearing given after a draft permit or denial is issued. The county legislative body of the county in which the facility is proposed, the governing body of the municipality, if any, in which the facility is proposed and the governing body of any municipality within one (1) mile of the proposed facility shall be represented at the community meeting. Failure to participate shall be deemed a waiver and shall not invalidate the meeting. The board shall prescribe in rules the procedures for such notices and meetings. The local governing bodies participating in the community meeting shall have the opportunity to prepare reports representing their interpretation of the concerns of the community, and shall submit such reports to the department within ninety (90) days after the community meeting. The report may include any summaries of issues that the local governing bodies feel appropriate. (2) If a local governing body chooses to make such report, it shall include a decision to accept, reject, or modify the application. Such decision shall be based upon the application of the following criteria which shall consider the differences between storage, treatment and disposal facilities: (A) The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding area; (B) The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents; (C) The traffic patterns and the capacity of roads and bridges to or from the facility are so designed as to minimize the impact on existing traffic flows; (D) An emergency response plan has been formulated by or for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release; (E) If the facility is to be located in a county where the county or municipality has adopted a hazardous or solid waste management plan and/or zoning plan, the facility is consistent with that plan; (F) Distances from occupied dwellings, including, but not limited to, private residences, schools, churches, commercial buildings, and other buildings not associated with the facility, and scenic, cultural and recreational areas so as to minimize the adverse economic impacts on the local community and the surrounding communities; (G) The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; (H) The previous operating experience and past record of convictions relevant to the operation of a proposed facility, or admissions of violations, other than minimal nonwillful permit violations, of the applicant and any subsidiary or parent corporation operating in the field of solid or hazardous waste management; and (I) The conditions or criteria provided for in § 68-212-107(d)(10) . (3) Failure by any of the local governing bodies to submit such report within the ninety-day period shall be deemed a waiver of the right of such local governing body to submit such report. The department shall consider these reports in granting the permit. The commissioner may affirm the decision of the local governing body, if any, or may reverse or modify the decision if the decision is: (A) In violation of statutory provisions; (B) In excess of the statutory authority of the agency or the local governing body; (C) Made upon unlawful procedure; (D) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; (E) Unsupported by evidence which is both substantial and material in the application and report; or (F) Contrary to the conditions or criteria set forth in § 68-212-107(d)(10) . (4) The commissioner shall issue or deny the permit within ninety (90) days of the close of the public comment period on the draft permit. The applicant shall reimburse the department for the expense of all public notification. Failure to make such payment shall be grounds for denial of the permit. (g) If the ownership or operational control of a hazardous waste storage facility, treatment facility, disposal facility or commercial landfill facility for disposal of hazardous waste is sold, voluntarily or involuntarily transferred or in any other manner changed, then the permit shall be revoked; provided, that such permit may be reinstated within ninety (90) days if the commissioner determines that all original permit requirements and conditions will be met by the new owner or operator, and the commissioner may allow such facility to continue to operate during such ninety-day period. Any major modification of prior permitted operation shall require a new permit issuance process to be followed. (h) The board shall establish criteria in regulations promulgated under this part for the consideration of the applicant's prior related business record and any civil or criminal liability for past ownership or operation of any facility which would be required to receive a permit to be operated in this state. Such record shall be considered by the commissioner prior to the issuance of any permit pursuant to this section. (i) No permit for a hazardous waste storage facility, treatment facility or disposal facility shall be issued if 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. (j) Subsections (f)-(j) shall not apply to any facility currently operating under authorization of the commissioner. (k) Permits issued after July 1, 1986, may require corrective action for all releases of hazardous waste and hazardous constituents from any waste management unit at a treatment, storage, or disposal facility seeking a permit under this part, regardless of the time at which such waste was placed in the facility. Permits shall also include schedules for compliance for such corrective action and assurances of financial responsibility for completing such corrective action. (l) The commissioner may refuse to issue a permit to a commercial facility for the storage, treatment, or disposal of hazardous waste if, at the time of permit issuance, the applicant or permittee is subject to an order for corrective action pursuant to this part; provided, that upon a determination by the commissioner that the public health, safety and environment will be adequately protected by the posting of a sufficient bond as security to ensure compliance with such order for correction, or by such other means approved by the commissioner, the commissioner may waive this subsection ( l ). (m) No new commercial hazardous waste permit applications received by the department after June 8, 1989, shall be considered, approved or denied by the commissioner until the board has complied with § 68-212-107(d)(10) . This subsection (m) and the regulations adopted pursuant to § 68-212-107(d)(10) shall not apply to any application for a permit for a facility if the application was filed with the department, or if the planned facility was under review by the department in anticipation of the filing of the application, on or before July 1, 1989. (n) (1) No permit shall be issued or otherwise authorized for a portable commercial unit to store, treat or dispose of hazardous waste generated in a state other than Tennessee. The commissioner may deny or revoke any permit of a portable commercial unit which fails to comply with this subsection (n). (2) A permit issued to a unit which is subject to this subsection (n) may be modified at any time to comply with this subsection (n). (o) (1) Before submitting to the department the Part B permit application for a new hazardous waste treatment storage or disposal facility permit or for a permit renewal, the applicant shall hold at least one (1) meeting with the public in order to inform the community of proposed hazardous waste management activities and to solicit questions from the community. The applicant shall submit a summary of the meeting and copies of any written comments or materials submitted at the meeting to the department as a part of the permit application. The applicant must provide public notice of the preapplication community meeting at least thirty (30) days prior to the meeting. Public notice shall include, but shall not be limited to, a visible and accessible sign at or near the facility announcing the date, time and location of the meeting, and other information as required by the department. (2) At the preapplication community meeting the applicant must provide a community impact statement which shall also be maintained in the facility file. The community impact statement shall include the following: (A) A description of the facility (including a scale drawing or photograph of the facility) and the proposed hazardous waste management activities; (B) A description of security procedures at the facility; (C) Information on hazard prevention and preparedness, including a summary of the contingency plan and arrangements with local emergency authorities; (D) A description of procedures, structures or equipment used to prevent employee exposure, hazards during unloading, runoff from handling areas and contamination of water supplies; (E) A description of traffic patterns, traffic volume and control, condition of access roads, and the adequacy of traffic control signals; and (F) A description of the facility location information relative to compliance with flood plain requirements and with respect to any commercial applicant, seismic requirements. Acts 1977, ch. 175, § 7; 1979, ch. 410, § 6; 1980, ch. 899, § 11; 1981, ch. 131, § 35; 1981, ch. 174, §§ 15-19; T.C.A., § 53-6308; Acts 1983, ch. 317, § 2; 1984, ch. 577, § 6; 1985, ch. 337, § 3; 1986, ch. 644, §§ 6-8; 1986, ch. 769, §§ 1-3; 1988, ch. 559, § 1; 1989, ch. 432, § 1; 1989, ch. 552, §§ 1, 4, 6; 1990, ch. 993, § 1; T.C.A., § 68-46-108; Acts 1994, ch. 890, § 2; 1995, ch. 547, §§ 2, 3; 1997 , ch. 230, §§ 1, 2; 2004, ch. 783, § 3.
(a) (1) No person shall construct, substantially alter, or own or operate a hazardous waste treatment, storage, or disposal facility, nor shall any person treat, store, or dispose of a hazardous waste, nor shall any hazardous waste transporter receive a hazardous waste from, or deliver a hazardous waste to, any location in the state, without first obtaining a permit from the commissioner for such facility or activity. No such permit shall be issued or otherwise authorized unless and until the person has complied with the requirements established by the board in regulations promulgated under this part. All permits for hazardous waste management facilities and transporters shall be issued by the commissioner. All such permits shall be issued according to procedures established by the board in regulations promulgated under this part. (2) After public notice and an opportunity for comment, the commissioner may, to the extent allowed in regulations adopted by the board, grant variances and waivers for persons; and the board may through the rulemaking process establish exemptions from the requirements of this part and permits-by-rule for classes of activities subject to the requirements of this part; provided, that it is demonstrated to a reasonable degree of certainty that design or operating practices will prevent degradation of the environment and will adequately protect the public health, safety and environment; and provided further, that the commissioner shall not waive the requirement that a community impact statement be filed.
(1) No person shall construct, substantially alter, or own or operate a hazardous waste treatment, storage, or disposal facility, nor shall any person treat, store, or dispose of a hazardous waste, nor shall any hazardous waste transporter receive a hazardous waste from, or deliver a hazardous waste to, any location in the state, without first obtaining a permit from the commissioner for such facility or activity. No such permit shall be issued or otherwise authorized unless and until the person has complied with the requirements established by the board in regulations promulgated under this part. All permits for hazardous waste management facilities and transporters shall be issued by the commissioner. All such permits shall be issued according to procedures established by the board in regulations promulgated under this part.
(2) After public notice and an opportunity for comment, the commissioner may, to the extent allowed in regulations adopted by the board, grant variances and waivers for persons; and the board may through the rulemaking process establish exemptions from the requirements of this part and permits-by-rule for classes of activities subject to the requirements of this part; provided, that it is demonstrated to a reasonable degree of certainty that design or operating practices will prevent degradation of the environment and will adequately protect the public health, safety and environment; and provided further, that the commissioner shall not waive the requirement that a community impact statement be filed.
(b) Each permit shall contain such terms and conditions as the commissioner deems necessary under the regulations promulgated under this part and shall be issued for a fixed period of time. A permit may be modified at any time for cause.
(c) (1) The commissioner may require the posting of a bond by any applicant for permitting of a hazardous waste storage facility, treatment facility or disposal facility. Such bond shall be to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of the applicant to meet the requirements regarding a public health hazard created by the presence of hazardous waste at a site occupied by the applicant or formerly under its possession, ownership, or control. The amount of the bond will be established by the commissioner as a permit condition and based on the estimated costs of providing proper closure, or post-closure care to the facility. In establishing such requirements, the commissioner shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of hazardous waste used by the applicant, the costs of reclamation of the property in the event of abandonment, insolvency or other inability of the applicant to perform such services to the satisfaction of the commissioner. (2) In the event it is determined that there is a reasonable probability that a permitted facility or site will eventually cease to operate while containing, storing, or otherwise treating hazardous wastes on the premises which will require continuing and perpetual care or surveillance over the facility or site to protect the public health, safety or welfare, the commissioner, for the commissioner's respective area of permitting authority, may require for storage, treatment or disposal facilities, a sum to be deposited by the applicant, in addition to the posted bond, in such amounts and under such circumstances as the commissioner shall determine as necessary by rule, regulation, or order based upon such rule or regulation, in a trust fund maintained as the perpetual care trust fund in the name of the state. In establishing such additional requirements, the commissioner shall give due consideration to the nature of the hazardous waste material, the size and type of facility or site to be decommissioned, and the anticipated expenses of perpetual care and surveillance. (3) No private entity shall be precluded by reason of criteria established under subdivisions (c)(1) and (2) from the ownership or operation of facilities providing hazardous waste treatment, storage, or disposal services where such entity can provide assurance of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the treatment, storage or disposal of a specified hazardous waste. (4) An acceptable bond shall be issued by a fidelity or surety company authorized to do business in this state; a personal bond supported by such collateral as the commissioner shall deem to be satisfactory; or a cash bond in an amount to be determined by the commissioner. Acceptable forms of collateral shall be established by the board by regulation and shall include, but are not limited to, insurance policies, letters of credit or securities. (5) The bonds obtained by any applicant shall be payable to the state of Tennessee and shall remain effective until such time as the commissioner determines that the facility or site involved no longer presents a danger to the public health and welfare. (6) At any time during the life of a bond, the commissioner, for the commissioner's respective area of permitting authority, may order forfeiture of the bond of a storage, treatment, or disposal facility based upon the commissioner's determination of abandonment, insolvency or other inability of the applicant to perform to the satisfaction of the commissioner. The board shall promulgate regulations to ensure the applicant adequate notice and an opportunity to be heard on the matter of forfeiture. All forfeited bonds shall be deposited in a special account in the name of the state, entitled "the hazardous waste trust fund." All moneys deposited in the fund may be expended by the commissioner as the commissioner considers necessary to assure the protection of the public health, safety, or welfare. Following the detoxification, the removal and disposal of any hazardous waste, and the reclamation of the premises, any funds remaining from the forfeited bond shall accrue to the state and shall not be refundable to the applicant. Any unencumbered moneys and any unexpended balance of the fund, together with any interest accruing on investments and deposits of the fund, remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in the fund until expended in accordance with this part. The moneys which are deposited in the hazardous waste trust fund and the perpetual care trust fund shall not be used for normal operating expenses of the department, but shall be expended only for the detoxification, removal and disposal of any hazardous waste, reclamation of sites or facilities, and perpetual care and surveillance of sites or facilities where the applicant has abandoned, defaulted, or otherwise refused to perform the above services to the satisfaction of the commissioner. Moneys accumulated in the hazardous waste trust fund or the perpetual care trust fund may be transferred by the commissioner whenever it is determined by the commissioner that the transfer of such funds is required to provide services at abandoned, inoperative, decommissioned facilities or at contaminated sites to protect the public health, safety or welfare.
(1) The commissioner may require the posting of a bond by any applicant for permitting of a hazardous waste storage facility, treatment facility or disposal facility. Such bond shall be to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of the applicant to meet the requirements regarding a public health hazard created by the presence of hazardous waste at a site occupied by the applicant or formerly under its possession, ownership, or control. The amount of the bond will be established by the commissioner as a permit condition and based on the estimated costs of providing proper closure, or post-closure care to the facility. In establishing such requirements, the commissioner shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of hazardous waste used by the applicant, the costs of reclamation of the property in the event of abandonment, insolvency or other inability of the applicant to perform such services to the satisfaction of the commissioner.
(2) In the event it is determined that there is a reasonable probability that a permitted facility or site will eventually cease to operate while containing, storing, or otherwise treating hazardous wastes on the premises which will require continuing and perpetual care or surveillance over the facility or site to protect the public health, safety or welfare, the commissioner, for the commissioner's respective area of permitting authority, may require for storage, treatment or disposal facilities, a sum to be deposited by the applicant, in addition to the posted bond, in such amounts and under such circumstances as the commissioner shall determine as necessary by rule, regulation, or order based upon such rule or regulation, in a trust fund maintained as the perpetual care trust fund in the name of the state. In establishing such additional requirements, the commissioner shall give due consideration to the nature of the hazardous waste material, the size and type of facility or site to be decommissioned, and the anticipated expenses of perpetual care and surveillance.
(3) No private entity shall be precluded by reason of criteria established under subdivisions (c)(1) and (2) from the ownership or operation of facilities providing hazardous waste treatment, storage, or disposal services where such entity can provide assurance of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the treatment, storage or disposal of a specified hazardous waste.
(4) An acceptable bond shall be issued by a fidelity or surety company authorized to do business in this state; a personal bond supported by such collateral as the commissioner shall deem to be satisfactory; or a cash bond in an amount to be determined by the commissioner. Acceptable forms of collateral shall be established by the board by regulation and shall include, but are not limited to, insurance policies, letters of credit or securities.
(5) The bonds obtained by any applicant shall be payable to the state of Tennessee and shall remain effective until such time as the commissioner determines that the facility or site involved no longer presents a danger to the public health and welfare.
(6) At any time during the life of a bond, the commissioner, for the commissioner's respective area of permitting authority, may order forfeiture of the bond of a storage, treatment, or disposal facility based upon the commissioner's determination of abandonment, insolvency or other inability of the applicant to perform to the satisfaction of the commissioner. The board shall promulgate regulations to ensure the applicant adequate notice and an opportunity to be heard on the matter of forfeiture. All forfeited bonds shall be deposited in a special account in the name of the state, entitled "the hazardous waste trust fund." All moneys deposited in the fund may be expended by the commissioner as the commissioner considers necessary to assure the protection of the public health, safety, or welfare. Following the detoxification, the removal and disposal of any hazardous waste, and the reclamation of the premises, any funds remaining from the forfeited bond shall accrue to the state and shall not be refundable to the applicant. Any unencumbered moneys and any unexpended balance of the fund, together with any interest accruing on investments and deposits of the fund, remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in the fund until expended in accordance with this part. The moneys which are deposited in the hazardous waste trust fund and the perpetual care trust fund shall not be used for normal operating expenses of the department, but shall be expended only for the detoxification, removal and disposal of any hazardous waste, reclamation of sites or facilities, and perpetual care and surveillance of sites or facilities where the applicant has abandoned, defaulted, or otherwise refused to perform the above services to the satisfaction of the commissioner. Moneys accumulated in the hazardous waste trust fund or the perpetual care trust fund may be transferred by the commissioner whenever it is determined by the commissioner that the transfer of such funds is required to provide services at abandoned, inoperative, decommissioned facilities or at contaminated sites to protect the public health, safety or welfare.
(d) The commissioner may require any applicant for permitting of a hazardous waste storage facility, treatment facility, or disposal facility, and any such permittee, to have and maintain financial responsibility as may be necessary for bodily injury and property damage to third parties caused by sudden or nonsudden accidental occurrences arising from operations of the facility. The board shall promulgate and adopt rules and regulations as necessary or desirable to implement this provision.
(e) The commissioner may deny or revoke any permit of a storage, treatment or disposal facility if the commissioner finds that the applicant or permittee has failed to comply with any term or condition of the permit, this part, any order of the commissioner, or any rules, regulations or standards adopted pursuant hereto.
(f) (1) The department shall give public notice of an application for a permit for a commercial facility for the storage, treatment, or disposal of hazardous waste within thirty (30) days of its receipt. The commissioner shall hold a community meeting concerning such a permit application within forty-five (45) days of the publication of the public notice. This shall be in addition to the public notice and hearing given after a draft permit or denial is issued. The county legislative body of the county in which the facility is proposed, the governing body of the municipality, if any, in which the facility is proposed and the governing body of any municipality within one (1) mile of the proposed facility shall be represented at the community meeting. Failure to participate shall be deemed a waiver and shall not invalidate the meeting. The board shall prescribe in rules the procedures for such notices and meetings. The local governing bodies participating in the community meeting shall have the opportunity to prepare reports representing their interpretation of the concerns of the community, and shall submit such reports to the department within ninety (90) days after the community meeting. The report may include any summaries of issues that the local governing bodies feel appropriate. (2) If a local governing body chooses to make such report, it shall include a decision to accept, reject, or modify the application. Such decision shall be based upon the application of the following criteria which shall consider the differences between storage, treatment and disposal facilities: (A) The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding area; (B) The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents; (C) The traffic patterns and the capacity of roads and bridges to or from the facility are so designed as to minimize the impact on existing traffic flows; (D) An emergency response plan has been formulated by or for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release; (E) If the facility is to be located in a county where the county or municipality has adopted a hazardous or solid waste management plan and/or zoning plan, the facility is consistent with that plan; (F) Distances from occupied dwellings, including, but not limited to, private residences, schools, churches, commercial buildings, and other buildings not associated with the facility, and scenic, cultural and recreational areas so as to minimize the adverse economic impacts on the local community and the surrounding communities; (G) The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; (H) The previous operating experience and past record of convictions relevant to the operation of a proposed facility, or admissions of violations, other than minimal nonwillful permit violations, of the applicant and any subsidiary or parent corporation operating in the field of solid or hazardous waste management; and (I) The conditions or criteria provided for in § 68-212-107(d)(10) . (3) Failure by any of the local governing bodies to submit such report within the ninety-day period shall be deemed a waiver of the right of such local governing body to submit such report. The department shall consider these reports in granting the permit. The commissioner may affirm the decision of the local governing body, if any, or may reverse or modify the decision if the decision is: (A) In violation of statutory provisions; (B) In excess of the statutory authority of the agency or the local governing body; (C) Made upon unlawful procedure; (D) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; (E) Unsupported by evidence which is both substantial and material in the application and report; or (F) Contrary to the conditions or criteria set forth in § 68-212-107(d)(10) . (4) The commissioner shall issue or deny the permit within ninety (90) days of the close of the public comment period on the draft permit. The applicant shall reimburse the department for the expense of all public notification. Failure to make such payment shall be grounds for denial of the permit.
(1) The department shall give public notice of an application for a permit for a commercial facility for the storage, treatment, or disposal of hazardous waste within thirty (30) days of its receipt. The commissioner shall hold a community meeting concerning such a permit application within forty-five (45) days of the publication of the public notice. This shall be in addition to the public notice and hearing given after a draft permit or denial is issued. The county legislative body of the county in which the facility is proposed, the governing body of the municipality, if any, in which the facility is proposed and the governing body of any municipality within one (1) mile of the proposed facility shall be represented at the community meeting. Failure to participate shall be deemed a waiver and shall not invalidate the meeting. The board shall prescribe in rules the procedures for such notices and meetings. The local governing bodies participating in the community meeting shall have the opportunity to prepare reports representing their interpretation of the concerns of the community, and shall submit such reports to the department within ninety (90) days after the community meeting. The report may include any summaries of issues that the local governing bodies feel appropriate.
(2) If a local governing body chooses to make such report, it shall include a decision to accept, reject, or modify the application. Such decision shall be based upon the application of the following criteria which shall consider the differences between storage, treatment and disposal facilities: (A) The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding area; (B) The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents; (C) The traffic patterns and the capacity of roads and bridges to or from the facility are so designed as to minimize the impact on existing traffic flows; (D) An emergency response plan has been formulated by or for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release; (E) If the facility is to be located in a county where the county or municipality has adopted a hazardous or solid waste management plan and/or zoning plan, the facility is consistent with that plan; (F) Distances from occupied dwellings, including, but not limited to, private residences, schools, churches, commercial buildings, and other buildings not associated with the facility, and scenic, cultural and recreational areas so as to minimize the adverse economic impacts on the local community and the surrounding communities; (G) The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; (H) The previous operating experience and past record of convictions relevant to the operation of a proposed facility, or admissions of violations, other than minimal nonwillful permit violations, of the applicant and any subsidiary or parent corporation operating in the field of solid or hazardous waste management; and (I) The conditions or criteria provided for in § 68-212-107(d)(10) .
(A) The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding area;
(B) The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;
(C) The traffic patterns and the capacity of roads and bridges to or from the facility are so designed as to minimize the impact on existing traffic flows;
(D) An emergency response plan has been formulated by or for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release;
(E) If the facility is to be located in a county where the county or municipality has adopted a hazardous or solid waste management plan and/or zoning plan, the facility is consistent with that plan;
(F) Distances from occupied dwellings, including, but not limited to, private residences, schools, churches, commercial buildings, and other buildings not associated with the facility, and scenic, cultural and recreational areas so as to minimize the adverse economic impacts on the local community and the surrounding communities;
(G) The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
(H) The previous operating experience and past record of convictions relevant to the operation of a proposed facility, or admissions of violations, other than minimal nonwillful permit violations, of the applicant and any subsidiary or parent corporation operating in the field of solid or hazardous waste management; and
(I) The conditions or criteria provided for in § 68-212-107(d)(10) .
(3) Failure by any of the local governing bodies to submit such report within the ninety-day period shall be deemed a waiver of the right of such local governing body to submit such report. The department shall consider these reports in granting the permit. The commissioner may affirm the decision of the local governing body, if any, or may reverse or modify the decision if the decision is: (A) In violation of statutory provisions; (B) In excess of the statutory authority of the agency or the local governing body; (C) Made upon unlawful procedure; (D) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; (E) Unsupported by evidence which is both substantial and material in the application and report; or (F) Contrary to the conditions or criteria set forth in § 68-212-107(d)(10) .
(A) In violation of statutory provisions;
(B) In excess of the statutory authority of the agency or the local governing body;
(C) Made upon unlawful procedure;
(D) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion;
(E) Unsupported by evidence which is both substantial and material in the application and report; or
(F) Contrary to the conditions or criteria set forth in § 68-212-107(d)(10) .
(4) The commissioner shall issue or deny the permit within ninety (90) days of the close of the public comment period on the draft permit. The applicant shall reimburse the department for the expense of all public notification. Failure to make such payment shall be grounds for denial of the permit.
(g) If the ownership or operational control of a hazardous waste storage facility, treatment facility, disposal facility or commercial landfill facility for disposal of hazardous waste is sold, voluntarily or involuntarily transferred or in any other manner changed, then the permit shall be revoked; provided, that such permit may be reinstated within ninety (90) days if the commissioner determines that all original permit requirements and conditions will be met by the new owner or operator, and the commissioner may allow such facility to continue to operate during such ninety-day period. Any major modification of prior permitted operation shall require a new permit issuance process to be followed.
(h) The board shall establish criteria in regulations promulgated under this part for the consideration of the applicant's prior related business record and any civil or criminal liability for past ownership or operation of any facility which would be required to receive a permit to be operated in this state. Such record shall be considered by the commissioner prior to the issuance of any permit pursuant to this section.
(i) No permit for a hazardous waste storage facility, treatment facility or disposal facility shall be issued if 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.
(j) Subsections (f)-(j) shall not apply to any facility currently operating under authorization of the commissioner.
(k) Permits issued after July 1, 1986, may require corrective action for all releases of hazardous waste and hazardous constituents from any waste management unit at a treatment, storage, or disposal facility seeking a permit under this part, regardless of the time at which such waste was placed in the facility. Permits shall also include schedules for compliance for such corrective action and assurances of financial responsibility for completing such corrective action.
(l) The commissioner may refuse to issue a permit to a commercial facility for the storage, treatment, or disposal of hazardous waste if, at the time of permit issuance, the applicant or permittee is subject to an order for corrective action pursuant to this part; provided, that upon a determination by the commissioner that the public health, safety and environment will be adequately protected by the posting of a sufficient bond as security to ensure compliance with such order for correction, or by such other means approved by the commissioner, the commissioner may waive this subsection ( l ).
(m) No new commercial hazardous waste permit applications received by the department after June 8, 1989, shall be considered, approved or denied by the commissioner until the board has complied with § 68-212-107(d)(10) . This subsection (m) and the regulations adopted pursuant to § 68-212-107(d)(10) shall not apply to any application for a permit for a facility if the application was filed with the department, or if the planned facility was under review by the department in anticipation of the filing of the application, on or before July 1, 1989.
(n) (1) No permit shall be issued or otherwise authorized for a portable commercial unit to store, treat or dispose of hazardous waste generated in a state other than Tennessee. The commissioner may deny or revoke any permit of a portable commercial unit which fails to comply with this subsection (n). (2) A permit issued to a unit which is subject to this subsection (n) may be modified at any time to comply with this subsection (n).
(1) No permit shall be issued or otherwise authorized for a portable commercial unit to store, treat or dispose of hazardous waste generated in a state other than Tennessee. The commissioner may deny or revoke any permit of a portable commercial unit which fails to comply with this subsection (n).
(2) A permit issued to a unit which is subject to this subsection (n) may be modified at any time to comply with this subsection (n).
(o) (1) Before submitting to the department the Part B permit application for a new hazardous waste treatment storage or disposal facility permit or for a permit renewal, the applicant shall hold at least one (1) meeting with the public in order to inform the community of proposed hazardous waste management activities and to solicit questions from the community. The applicant shall submit a summary of the meeting and copies of any written comments or materials submitted at the meeting to the department as a part of the permit application. The applicant must provide public notice of the preapplication community meeting at least thirty (30) days prior to the meeting. Public notice shall include, but shall not be limited to, a visible and accessible sign at or near the facility announcing the date, time and location of the meeting, and other information as required by the department. (2) At the preapplication community meeting the applicant must provide a community impact statement which shall also be maintained in the facility file. The community impact statement shall include the following: (A) A description of the facility (including a scale drawing or photograph of the facility) and the proposed hazardous waste management activities; (B) A description of security procedures at the facility; (C) Information on hazard prevention and preparedness, including a summary of the contingency plan and arrangements with local emergency authorities; (D) A description of procedures, structures or equipment used to prevent employee exposure, hazards during unloading, runoff from handling areas and contamination of water supplies; (E) A description of traffic patterns, traffic volume and control, condition of access roads, and the adequacy of traffic control signals; and (F) A description of the facility location information relative to compliance with flood plain requirements and with respect to any commercial applicant, seismic requirements.
(1) Before submitting to the department the Part B permit application for a new hazardous waste treatment storage or disposal facility permit or for a permit renewal, the applicant shall hold at least one (1) meeting with the public in order to inform the community of proposed hazardous waste management activities and to solicit questions from the community. The applicant shall submit a summary of the meeting and copies of any written comments or materials submitted at the meeting to the department as a part of the permit application. The applicant must provide public notice of the preapplication community meeting at least thirty (30) days prior to the meeting. Public notice shall include, but shall not be limited to, a visible and accessible sign at or near the facility announcing the date, time and location of the meeting, and other information as required by the department.
(2) At the preapplication community meeting the applicant must provide a community impact statement which shall also be maintained in the facility file. The community impact statement shall include the following: (A) A description of the facility (including a scale drawing or photograph of the facility) and the proposed hazardous waste management activities; (B) A description of security procedures at the facility; (C) Information on hazard prevention and preparedness, including a summary of the contingency plan and arrangements with local emergency authorities; (D) A description of procedures, structures or equipment used to prevent employee exposure, hazards during unloading, runoff from handling areas and contamination of water supplies; (E) A description of traffic patterns, traffic volume and control, condition of access roads, and the adequacy of traffic control signals; and (F) A description of the facility location information relative to compliance with flood plain requirements and with respect to any commercial applicant, seismic requirements.
(A) A description of the facility (including a scale drawing or photograph of the facility) and the proposed hazardous waste management activities;
(B) A description of security procedures at the facility;
(C) Information on hazard prevention and preparedness, including a summary of the contingency plan and arrangements with local emergency authorities;
(D) A description of procedures, structures or equipment used to prevent employee exposure, hazards during unloading, runoff from handling areas and contamination of water supplies;
(E) A description of traffic patterns, traffic volume and control, condition of access roads, and the adequacy of traffic control signals; and
(F) A description of the facility location information relative to compliance with flood plain requirements and with respect to any commercial applicant, seismic requirements.
Acts 1977, ch. 175, § 7; 1979, ch. 410, § 6; 1980, ch. 899, § 11; 1981, ch. 131, § 35; 1981, ch. 174, §§ 15-19; T.C.A., § 53-6308; Acts 1983, ch. 317, § 2; 1984, ch. 577, § 6; 1985, ch. 337, § 3; 1986, ch. 644, §§ 6-8; 1986, ch. 769, §§ 1-3; 1988, ch. 559, § 1; 1989, ch. 432, § 1; 1989, ch. 552, §§ 1, 4, 6; 1990, ch. 993, § 1; T.C.A., § 68-46-108; Acts 1994, ch. 890, § 2; 1995, ch. 547, §§ 2, 3; 1997 , ch. 230, §§ 1, 2; 2004, ch. 783, § 3.
Tenn. Code Ann. § 68-212-117 — TN Code / Title 68 / Chapter 212 / Section 68-212-117
Complaints - Procedure
Status: in_force

(a) Any person may file with the commissioner or board a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and shall notify the alleged violator of what action, if any, the commissioner or board will take. In all cases, the commissioner or board shall notify the complainant of the commissioner's or board's action or determination within ninety (90) days from the date of the commissioner's or board's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's or board's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner or board. If the commissioner fails to take the action stated in such notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. When such an appeal is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-212-113(b) . The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing the complaint. (b) Where the complaint is upheld, the board may order the party named in the complaint to pay the attorney fees of the complainant, if there was an aggravated violation. (c) The board, department, its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section. Amended by 2013 Tenn. Acts, ch. 181, s 9, eff. 7/1/2013. Acts 1980, ch. 899, § 16; 1981, ch. 310, §§ 1, 2; T.C.A., §§ 53-6317, 68-46-117.
(a) Any person may file with the commissioner or board a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and shall notify the alleged violator of what action, if any, the commissioner or board will take. In all cases, the commissioner or board shall notify the complainant of the commissioner's or board's action or determination within ninety (90) days from the date of the commissioner's or board's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's or board's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner or board. If the commissioner fails to take the action stated in such notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. When such an appeal is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-212-113(b) . The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing the complaint.
(b) Where the complaint is upheld, the board may order the party named in the complaint to pay the attorney fees of the complainant, if there was an aggravated violation.
(c) The board, department, its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section.
Amended by 2013 Tenn. Acts, ch. 181, s 9, eff. 7/1/2013.
Acts 1980, ch. 899, § 16; 1981, ch. 310, §§ 1, 2; T.C.A., §§ 53-6317, 68-46-117.
Tenn. Code Ann. § 68-211-203 — TN Code / Title 68 / Chapter 211 / Section 68-211-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Biological product" means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or an analogous product, or arsphenamine or any other trivalent organic arsenic compound used for the prevention or treatment of a disease or condition of human beings or animals; (2) "Board" means, unless otherwise indicated, the underground storage tanks and solid waste disposal control board established by § 68-211-111 ; (3) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative; (4) "Covered generator" means any generator that: (A) Employs ten (10) or more employees; (B) Owns or maintains a building, excluding private residences, of at least three thousand square feet (3,000 sq. ft.); (C) Owns or maintains electrical distribution systems; (D) Owns or operates a business that demolishes buildings, excluding private residences; or (E) Owns or operates a tanning bed salon business; (5) "Department" means the department of environment and conservation; (6) "Discarded mercury-added consumer product" means a mercury-added consumer product that can, or will, no longer be used for its intended purpose as determined by its generator; (7) "Disposed of" means originally placed in a solid waste container whose contents are destined for delivery to a solid waste landfill for disposal or to an incinerator, boiler, or industrial furnace for burning; (8) "Generator" means the person who owns or otherwise controls the fate of a discarded mercury-added consumer product; (9) "Hazardous waste" shall have the same meaning as provided in by Tenn. Comp. R. & Regs. 0400-12-01-.02(1)(c); (10) "Hazardous waste management facility" means: (A) All contiguous land and structures, other appurtenances, and improvements on the land, used for treating, storing, transporting, or disposing of hazardous waste. A facility may consist of several treatment, storage, transportation, or disposal operational units (e.g., one (1) or more landfills, surface impoundments, or combinations of them); (B) For the purpose of implementing corrective action under Tenn. Comp. R. & Regs. 0400-12-01-.06(6)( l ) or § 68-212-111 , all contiguous property under the control of the owner or operator seeking a permit under the Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title; and (C) Notwithstanding subdivision (10)(B), a remediation waste management site if such site is located within a facility that is subject to Tenn. Comp. R. & Regs. 0400-12-01-.06(6)( l ); (11) (A) "Mercury-added consumer product" means any material, device, or part of a device including, but not limited to, those materials, devices, or parts listed in subdivision (11)(B): (i) Into which elemental mercury or mercury compounds are intentionally added during the formulation or manufacture of such material or device; and (ii) In which the continued presence of mercury is required to provide a specific characteristic, appearance or quality, or to perform a specific function; (B) "Mercury-added consumer product" includes, but is not limited to: (i) Thermostats; (ii) Thermometers; (iii) Switches (whether individually or as part of another product); (iv) Medical or scientific instruments; (v) Electrical relays and other electrical devices; (vi) Lamps and light bulbs; and (vii) Batteries other than those defined as mercury-containing excluded products; (12) "Mercury-containing excluded product" means: (A) Photographic film and paper; (B) Pharmaceutical products; (C) Biological products; (D) Any substance that can lawfully be sold over the counter without a prescription under the Federal Food, Drug and Cosmetics Act ( 21 U.S.C. § 301 et seq.); (E) Any device or material from which the elemental mercury or mercury compounds have been removed; (F) Button batteries used in hearing aids, radios, cameras, and other devices; (G) Medical devices; or (H) Restorative dental materials; (13) "Person" means any and all persons, natural or artificial, including any individual, firm or association, or municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government; (14) (A) "Solid waste" means: (i) Garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities; or (ii) Without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal; (B) "Solid waste" does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 ); (15) "Universal waste" means any of the hazardous wastes listed in Tenn. Comp. R. & Regs. 0400-12-01-.12(1)(a) that are managed under the universal waste requirements of Tenn. Comp. R. & Regs. 0400-12-01-.12; (16) "Universal waste destination facility" means a facility that treats, disposes of, or recycles universal waste, except those management activities described in Tenn. Comp. R. & Regs. 0400-12-01-.12(2)(d)1 and 3 and Tenn. Comp. R. & Regs. 0400-12-01-.12(3)(d)1 and 3. For the purpose of managing universal waste, "universal waste destination facility" does not include a facility at which universal waste is only accumulated; and (17) (A) "Universal waste handler" means: (i) Any person, by site, whose act or process produces universal waste or whose act causes universal waste to become subject to regulation; or (ii) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a universal waste destination facility, or to a foreign destination; (B) "Universal waste handler" does not include: (i) A person who treats, except under Tenn. Comp. R. & Regs. 0400-12-01-.12(2)(d)1 or 3, or Tenn. Comp. R. & Regs. 0400-12-01-.12(3)(d)1 or 3, disposes of, or recycles universal waste; or (ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility. Acts 2010 , ch. 840, § 4.
As used in this part, unless the context otherwise requires:
(1) "Biological product" means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or an analogous product, or arsphenamine or any other trivalent organic arsenic compound used for the prevention or treatment of a disease or condition of human beings or animals;
(2) "Board" means, unless otherwise indicated, the underground storage tanks and solid waste disposal control board established by § 68-211-111 ;
(3) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative;
(4) "Covered generator" means any generator that: (A) Employs ten (10) or more employees; (B) Owns or maintains a building, excluding private residences, of at least three thousand square feet (3,000 sq. ft.); (C) Owns or maintains electrical distribution systems; (D) Owns or operates a business that demolishes buildings, excluding private residences; or (E) Owns or operates a tanning bed salon business;
(A) Employs ten (10) or more employees;
(B) Owns or maintains a building, excluding private residences, of at least three thousand square feet (3,000 sq. ft.);
(C) Owns or maintains electrical distribution systems;
(D) Owns or operates a business that demolishes buildings, excluding private residences; or
(E) Owns or operates a tanning bed salon business;
(5) "Department" means the department of environment and conservation;
(6) "Discarded mercury-added consumer product" means a mercury-added consumer product that can, or will, no longer be used for its intended purpose as determined by its generator;
(7) "Disposed of" means originally placed in a solid waste container whose contents are destined for delivery to a solid waste landfill for disposal or to an incinerator, boiler, or industrial furnace for burning;
(8) "Generator" means the person who owns or otherwise controls the fate of a discarded mercury-added consumer product;
(9) "Hazardous waste" shall have the same meaning as provided in by Tenn. Comp. R. & Regs. 0400-12-01-.02(1)(c);
(10) "Hazardous waste management facility" means: (A) All contiguous land and structures, other appurtenances, and improvements on the land, used for treating, storing, transporting, or disposing of hazardous waste. A facility may consist of several treatment, storage, transportation, or disposal operational units (e.g., one (1) or more landfills, surface impoundments, or combinations of them); (B) For the purpose of implementing corrective action under Tenn. Comp. R. & Regs. 0400-12-01-.06(6)( l ) or § 68-212-111 , all contiguous property under the control of the owner or operator seeking a permit under the Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title; and (C) Notwithstanding subdivision (10)(B), a remediation waste management site if such site is located within a facility that is subject to Tenn. Comp. R. & Regs. 0400-12-01-.06(6)( l );
(A) All contiguous land and structures, other appurtenances, and improvements on the land, used for treating, storing, transporting, or disposing of hazardous waste. A facility may consist of several treatment, storage, transportation, or disposal operational units (e.g., one (1) or more landfills, surface impoundments, or combinations of them);
(B) For the purpose of implementing corrective action under Tenn. Comp. R. & Regs. 0400-12-01-.06(6)( l ) or § 68-212-111 , all contiguous property under the control of the owner or operator seeking a permit under the Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title; and
(C) Notwithstanding subdivision (10)(B), a remediation waste management site if such site is located within a facility that is subject to Tenn. Comp. R. & Regs. 0400-12-01-.06(6)( l );
(11) (A) "Mercury-added consumer product" means any material, device, or part of a device including, but not limited to, those materials, devices, or parts listed in subdivision (11)(B): (i) Into which elemental mercury or mercury compounds are intentionally added during the formulation or manufacture of such material or device; and (ii) In which the continued presence of mercury is required to provide a specific characteristic, appearance or quality, or to perform a specific function; (B) "Mercury-added consumer product" includes, but is not limited to: (i) Thermostats; (ii) Thermometers; (iii) Switches (whether individually or as part of another product); (iv) Medical or scientific instruments; (v) Electrical relays and other electrical devices; (vi) Lamps and light bulbs; and (vii) Batteries other than those defined as mercury-containing excluded products;
(A) "Mercury-added consumer product" means any material, device, or part of a device including, but not limited to, those materials, devices, or parts listed in subdivision (11)(B): (i) Into which elemental mercury or mercury compounds are intentionally added during the formulation or manufacture of such material or device; and (ii) In which the continued presence of mercury is required to provide a specific characteristic, appearance or quality, or to perform a specific function;
(i) Into which elemental mercury or mercury compounds are intentionally added during the formulation or manufacture of such material or device; and
(ii) In which the continued presence of mercury is required to provide a specific characteristic, appearance or quality, or to perform a specific function;
(B) "Mercury-added consumer product" includes, but is not limited to: (i) Thermostats; (ii) Thermometers; (iii) Switches (whether individually or as part of another product); (iv) Medical or scientific instruments; (v) Electrical relays and other electrical devices; (vi) Lamps and light bulbs; and (vii) Batteries other than those defined as mercury-containing excluded products;
(i) Thermostats;
(ii) Thermometers;
(iii) Switches (whether individually or as part of another product);
(iv) Medical or scientific instruments;
(v) Electrical relays and other electrical devices;
(vi) Lamps and light bulbs; and
(vii) Batteries other than those defined as mercury-containing excluded products;
(12) "Mercury-containing excluded product" means: (A) Photographic film and paper; (B) Pharmaceutical products; (C) Biological products; (D) Any substance that can lawfully be sold over the counter without a prescription under the Federal Food, Drug and Cosmetics Act ( 21 U.S.C. § 301 et seq.); (E) Any device or material from which the elemental mercury or mercury compounds have been removed; (F) Button batteries used in hearing aids, radios, cameras, and other devices; (G) Medical devices; or (H) Restorative dental materials;
(A) Photographic film and paper;
(B) Pharmaceutical products;
(C) Biological products;
(D) Any substance that can lawfully be sold over the counter without a prescription under the Federal Food, Drug and Cosmetics Act ( 21 U.S.C. § 301 et seq.);
(E) Any device or material from which the elemental mercury or mercury compounds have been removed;
(F) Button batteries used in hearing aids, radios, cameras, and other devices;
(G) Medical devices; or
(H) Restorative dental materials;
(13) "Person" means any and all persons, natural or artificial, including any individual, firm or association, or municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government;
(14) (A) "Solid waste" means: (i) Garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities; or (ii) Without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal; (B) "Solid waste" does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 );
(A) "Solid waste" means: (i) Garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities; or (ii) Without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal;
(i) Garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities; or
(ii) Without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal;
(B) "Solid waste" does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act ( 33 U.S.C. § 1342 );
(15) "Universal waste" means any of the hazardous wastes listed in Tenn. Comp. R. & Regs. 0400-12-01-.12(1)(a) that are managed under the universal waste requirements of Tenn. Comp. R. & Regs. 0400-12-01-.12;
(16) "Universal waste destination facility" means a facility that treats, disposes of, or recycles universal waste, except those management activities described in Tenn. Comp. R. & Regs. 0400-12-01-.12(2)(d)1 and 3 and Tenn. Comp. R. & Regs. 0400-12-01-.12(3)(d)1 and 3. For the purpose of managing universal waste, "universal waste destination facility" does not include a facility at which universal waste is only accumulated; and
(17) (A) "Universal waste handler" means: (i) Any person, by site, whose act or process produces universal waste or whose act causes universal waste to become subject to regulation; or (ii) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a universal waste destination facility, or to a foreign destination; (B) "Universal waste handler" does not include: (i) A person who treats, except under Tenn. Comp. R. & Regs. 0400-12-01-.12(2)(d)1 or 3, or Tenn. Comp. R. & Regs. 0400-12-01-.12(3)(d)1 or 3, disposes of, or recycles universal waste; or (ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
(A) "Universal waste handler" means: (i) Any person, by site, whose act or process produces universal waste or whose act causes universal waste to become subject to regulation; or (ii) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a universal waste destination facility, or to a foreign destination;
(i) Any person, by site, whose act or process produces universal waste or whose act causes universal waste to become subject to regulation; or
(ii) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a universal waste destination facility, or to a foreign destination;
(B) "Universal waste handler" does not include: (i) A person who treats, except under Tenn. Comp. R. & Regs. 0400-12-01-.12(2)(d)1 or 3, or Tenn. Comp. R. & Regs. 0400-12-01-.12(3)(d)1 or 3, disposes of, or recycles universal waste; or (ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
(i) A person who treats, except under Tenn. Comp. R. & Regs. 0400-12-01-.12(2)(d)1 or 3, or Tenn. Comp. R. & Regs. 0400-12-01-.12(3)(d)1 or 3, disposes of, or recycles universal waste; or
(ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
Acts 2010 , ch. 840, § 4.
Tenn. Code Ann. § 68-221-620 — TN Code / Title 68 / Chapter 221 / Section 68-221-620
Payment restriction - Written acknowledgment for provision of services - Deposit and attorney fees - Applicability of section
Status: in_force

(a) (1) An authority shall not require a property owner who leases residential property, the property owner's agent, or a subsequent tenant of the property to pay or to guarantee the payment of charges, penalties, or other fees owed to the authority that were incurred by a former tenant of such property owner or agent. (2) The payment restriction in subdivision (a)(1) shall only apply from September 1, 2016, to December 31, 2016. (b) (1) An authority shall create a written acknowledgement for the provision of services, to be made available to a property owner who leases residential property or the property owner's agent and to be completed by a tenant at the time the tenant enters into or renews a residential rental agreement. The written acknowledgement shall be used by the authority in the collection of all charges, penalties, or other fees owed to the authority by the tenant, and shall require the tenant to supply the following information: (A) The name, social security number, telephone number, driver license number, electronic mail address, and employer, as applicable, of the tenant entering into or renewing a residential rental agreement with the property owner or property owner's agent; and (B) Any other information the authority deems reasonably necessary for the collection of such charges, penalties, or other fees owed to the authority by the tenant. (2) (A) The property owner or the property owner's agent shall submit a copy of the written acknowledgement to the authority within one (1) business day of the completion of the written acknowledgement by the tenant. (B) Upon the submission of the written acknowledgement by a property owner or a property owner's agent to the authority, the authority shall not recover from the property owner, property owner's agent, or subsequent tenant of the property any delinquent charges, penalties, or other fees incurred by the tenant. (3) The authority shall confirm in writing the receipt of the tenant's written acknowledgement to the property owner or the property owner's agent within two (2) business days of receiving the acknowledgement from the property owner or the property owner's agent, at which time the acknowledgment shall be deemed a properly executed contract. (4) (A) A property owner or property owner's agent may refuse to enter into or renew a residential rental agreement with a prospective tenant who fails to provide the information required under subdivision (b)(1). (B) If a property owner or property owner's agent enters into or renews a residential rental agreement with a tenant who fails to provide the information required under subdivision (b)(1), then the property owner or property owner's agent shall be liable to the authority for any delinquent charges, penalties, and other fees incurred by the tenant. (c) A property owner or property owner's agent acting pursuant to this section shall not be liable for the release of information contained in a contract executed pursuant to subdivision (b)(3), or the unintentional release of such information to a third party; nor shall an authority be liable for the release of the information for collection purposes. (d) In addition to the process prescribed pursuant to subsection (b), and notwithstanding any provision of this part to the contrary, an authority may require: (1) A deposit of up to three (3) months of the average monthly water and wastewater fee, as determined by an authority, to be included as part of the tenant's first monthly billing statement; and (2) The recovery of reasonable attorney fees against the tenant to the contract for the collection of charges, penalties, or other fees owed to the authority. (e) This section shall only apply to residential rental agreements that do not utilize submetering or prorated billing by an allocation formula for the leased residential property in counties having a population of not less than three hundred thirty-six thousand four hundred (336,400) nor more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census. Added by 2016 Tenn. Acts, ch. 1082,s 1, eff. 1/1/2017.
(a) (1) An authority shall not require a property owner who leases residential property, the property owner's agent, or a subsequent tenant of the property to pay or to guarantee the payment of charges, penalties, or other fees owed to the authority that were incurred by a former tenant of such property owner or agent. (2) The payment restriction in subdivision (a)(1) shall only apply from September 1, 2016, to December 31, 2016.
(1) An authority shall not require a property owner who leases residential property, the property owner's agent, or a subsequent tenant of the property to pay or to guarantee the payment of charges, penalties, or other fees owed to the authority that were incurred by a former tenant of such property owner or agent.
(2) The payment restriction in subdivision (a)(1) shall only apply from September 1, 2016, to December 31, 2016.
(b) (1) An authority shall create a written acknowledgement for the provision of services, to be made available to a property owner who leases residential property or the property owner's agent and to be completed by a tenant at the time the tenant enters into or renews a residential rental agreement. The written acknowledgement shall be used by the authority in the collection of all charges, penalties, or other fees owed to the authority by the tenant, and shall require the tenant to supply the following information: (A) The name, social security number, telephone number, driver license number, electronic mail address, and employer, as applicable, of the tenant entering into or renewing a residential rental agreement with the property owner or property owner's agent; and (B) Any other information the authority deems reasonably necessary for the collection of such charges, penalties, or other fees owed to the authority by the tenant. (2) (A) The property owner or the property owner's agent shall submit a copy of the written acknowledgement to the authority within one (1) business day of the completion of the written acknowledgement by the tenant. (B) Upon the submission of the written acknowledgement by a property owner or a property owner's agent to the authority, the authority shall not recover from the property owner, property owner's agent, or subsequent tenant of the property any delinquent charges, penalties, or other fees incurred by the tenant. (3) The authority shall confirm in writing the receipt of the tenant's written acknowledgement to the property owner or the property owner's agent within two (2) business days of receiving the acknowledgement from the property owner or the property owner's agent, at which time the acknowledgment shall be deemed a properly executed contract. (4) (A) A property owner or property owner's agent may refuse to enter into or renew a residential rental agreement with a prospective tenant who fails to provide the information required under subdivision (b)(1). (B) If a property owner or property owner's agent enters into or renews a residential rental agreement with a tenant who fails to provide the information required under subdivision (b)(1), then the property owner or property owner's agent shall be liable to the authority for any delinquent charges, penalties, and other fees incurred by the tenant.
(1) An authority shall create a written acknowledgement for the provision of services, to be made available to a property owner who leases residential property or the property owner's agent and to be completed by a tenant at the time the tenant enters into or renews a residential rental agreement. The written acknowledgement shall be used by the authority in the collection of all charges, penalties, or other fees owed to the authority by the tenant, and shall require the tenant to supply the following information: (A) The name, social security number, telephone number, driver license number, electronic mail address, and employer, as applicable, of the tenant entering into or renewing a residential rental agreement with the property owner or property owner's agent; and (B) Any other information the authority deems reasonably necessary for the collection of such charges, penalties, or other fees owed to the authority by the tenant.
(A) The name, social security number, telephone number, driver license number, electronic mail address, and employer, as applicable, of the tenant entering into or renewing a residential rental agreement with the property owner or property owner's agent; and
(B) Any other information the authority deems reasonably necessary for the collection of such charges, penalties, or other fees owed to the authority by the tenant.
(2) (A) The property owner or the property owner's agent shall submit a copy of the written acknowledgement to the authority within one (1) business day of the completion of the written acknowledgement by the tenant. (B) Upon the submission of the written acknowledgement by a property owner or a property owner's agent to the authority, the authority shall not recover from the property owner, property owner's agent, or subsequent tenant of the property any delinquent charges, penalties, or other fees incurred by the tenant.
(A) The property owner or the property owner's agent shall submit a copy of the written acknowledgement to the authority within one (1) business day of the completion of the written acknowledgement by the tenant.
(B) Upon the submission of the written acknowledgement by a property owner or a property owner's agent to the authority, the authority shall not recover from the property owner, property owner's agent, or subsequent tenant of the property any delinquent charges, penalties, or other fees incurred by the tenant.
(3) The authority shall confirm in writing the receipt of the tenant's written acknowledgement to the property owner or the property owner's agent within two (2) business days of receiving the acknowledgement from the property owner or the property owner's agent, at which time the acknowledgment shall be deemed a properly executed contract.
(4) (A) A property owner or property owner's agent may refuse to enter into or renew a residential rental agreement with a prospective tenant who fails to provide the information required under subdivision (b)(1). (B) If a property owner or property owner's agent enters into or renews a residential rental agreement with a tenant who fails to provide the information required under subdivision (b)(1), then the property owner or property owner's agent shall be liable to the authority for any delinquent charges, penalties, and other fees incurred by the tenant.
(A) A property owner or property owner's agent may refuse to enter into or renew a residential rental agreement with a prospective tenant who fails to provide the information required under subdivision (b)(1).
(B) If a property owner or property owner's agent enters into or renews a residential rental agreement with a tenant who fails to provide the information required under subdivision (b)(1), then the property owner or property owner's agent shall be liable to the authority for any delinquent charges, penalties, and other fees incurred by the tenant.
(c) A property owner or property owner's agent acting pursuant to this section shall not be liable for the release of information contained in a contract executed pursuant to subdivision (b)(3), or the unintentional release of such information to a third party; nor shall an authority be liable for the release of the information for collection purposes.
(d) In addition to the process prescribed pursuant to subsection (b), and notwithstanding any provision of this part to the contrary, an authority may require: (1) A deposit of up to three (3) months of the average monthly water and wastewater fee, as determined by an authority, to be included as part of the tenant's first monthly billing statement; and (2) The recovery of reasonable attorney fees against the tenant to the contract for the collection of charges, penalties, or other fees owed to the authority.
(1) A deposit of up to three (3) months of the average monthly water and wastewater fee, as determined by an authority, to be included as part of the tenant's first monthly billing statement; and
(2) The recovery of reasonable attorney fees against the tenant to the contract for the collection of charges, penalties, or other fees owed to the authority.
(e) This section shall only apply to residential rental agreements that do not utilize submetering or prorated billing by an allocation formula for the leased residential property in counties having a population of not less than three hundred thirty-six thousand four hundred (336,400) nor more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census.
Added by 2016 Tenn. Acts, ch. 1082,s 1, eff. 1/1/2017.
Tenn. Code Ann. § 68-202-415 — TN Code / Title 68 / Chapter 202 / Section 68-202-415
Civil and criminal penalties
Status: in_force

(a) Any person violating any of this part, any order issued in accordance with this part or any rule, regulation or standard adopted pursuant to this part commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense. (b) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person shall also be liable for any damages to the state resulting from such violation. (1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations. (3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition. Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1989, ch. 591, § 111; T.C.A., § 68-23-415.
(a) Any person violating any of this part, any order issued in accordance with this part or any rule, regulation or standard adopted pursuant to this part commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense.
(b) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person shall also be liable for any damages to the state resulting from such violation. (1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations. (3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
(1) Any civil penalty or damages shall be assessed in the following manner: (A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; (B) Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment; (C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final; (D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and (E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(A) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law;
(B) Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment;
(C) If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final;
(D) Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and
(E) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(2) In assessing a civil penalty, the following factors may be considered: (A) The harm or potential harm done to the public or the environment; (B) The economic benefit gained by the violators; (C) The amount of effort put forth by the violator to attain compliance; (D) Any unusual or extraordinary enforcement cost incurred by the state; and (E) The need for an economic deterrent from future violations.
(A) The harm or potential harm done to the public or the environment;
(B) The economic benefit gained by the violators;
(C) The amount of effort put forth by the violator to attain compliance;
(D) Any unusual or extraordinary enforcement cost incurred by the state; and
(E) The need for an economic deterrent from future violations.
(3) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1989, ch. 591, § 111; T.C.A., § 68-23-415.
Tenn. Code Ann. § 68-211-101 — TN Code / Title 68 / Chapter 211 / Section 68-211-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Solid Waste Disposal Act." Acts 1969, ch. 295, § 1; T.C.A., §§ 53-4301, 68-31-101.
This part shall be known and may be cited as the "Tennessee Solid Waste Disposal Act."
Acts 1969, ch. 295, § 1; T.C.A., §§ 53-4301, 68-31-101.
Tenn. Code Ann. § 68-215-111 — TN Code / Title 68 / Chapter 215 / Section 68-215-111
Use of fund
Status: in_force

(a) The fund shall be available to the board and the commissioner for expenditures for the purposes of providing for the investigation, identification, and for the reasonable and safe cleanup, including monitoring and maintenance, of petroleum sites and locations from which underground storage tank systems have been removed within the state as provided in this chapter. (b) The fund may also be used by the commissioner as a source of federal matching funds for the state in the petroleum underground storage tank program. (c) The commissioner may enter into contracts and use the fund for those purposes directly associated with identification, investigation, containment and cleanup, including monitoring and maintenance prescribed above, including: (1) Hiring consultants and personnel; (2) Purchase, lease or rental of necessary equipment; and (3) Other necessary expenses. (d) The fund may be used for the administrative costs of the underground storage tank program and be included in the department's annual budget request to the general assembly. (e) The fund may be used to provide a mechanism to meet the financial responsibility requirements for owners or operators, or both, of petroleum underground storage tanks for cleanup of contamination and third-party claims due to bodily injury or property damage, or both, caused by releases from petroleum underground storage tanks. (f) (1) The fund may be used to provide for cleanup of contamination in accordance with conditions for eligibility and coverage of releases established in this part and in rules of the board. (2) Petroleum underground storage tanks for which notification has been received by the commissioner are eligible for reimbursement from the fund for the costs of cleanup of contamination caused by releases from the tanks; however, before costs related to a particular release may be reimbursed, all of the applicable requirements of this part and the rules must be met. (3) The board is authorized to promulgate rules that establish the following: (A) The amount of the deductible that must be incurred by either the tank owner or operator or the owner of the petroleum site at the time of corrective action before the tank owner or operator or the owner of the petroleum site is eligible to receive reimbursement from the fund. Notwithstanding this authority, in no event shall the board set the amount of this required deductible at a level greater than thirty thousand dollars ($30,000) per occurrence; and (B) A system of incentives to provide for reduced required deductible amounts in order to encourage tank owners to use technologies or management practices that go beyond the minimum requirements related to release detection and prevention for tanks and piping. In order to qualify for the incentives, the technologies or management practices must be found by the board to be proven methods of significantly enhancing prevention of releases or reducing the detection timeframe for releases. (4) The amount of the deductible that must be incurred by either the tank owner or operator or the owner of the petroleum site, before the tank owner or operator or the owner of the petroleum site is eligible to receive reimbursement from the fund for an occurrence reported to the department on or after July 1, 2005, shall be twenty thousand dollars ($20,000) per occurrence; provided, however, that, pursuant to subdivision (f)(3)(A), the board may promulgate rules raising the amount of the deductible to a maximum of thirty thousand dollars ($30,000) per occurrence. In addition, the board is authorized to set the required deductible at lower amounts, if the board determines that the condition of the fund warrants setting it at lower amounts. (5) (A) The fund shall be responsible for up to a maximum of one million dollars ($1,000,000) of cleanup costs. The sum of the deductible and the maximum reimbursement shall not exceed one million dollars ($1,000,000). The fund shall be responsible for cleanup of contamination due to releases from petroleum underground storage tanks on a per site per occurrence basis. (B) Notwithstanding subdivision (f)(5)(A), the fund shall be responsible for up to a maximum of two million dollars ($2,000,000) of cleanup costs for sites still undergoing corrective action on July 1, 2015, and releases that occur on or after July 1, 2015. The sum of the deductible and the maximum reimbursement shall not exceed two million dollars ($2,000,000). The fund shall be responsible for cleanup of contamination due to releases from petroleum underground storage tanks on a per-site, per-occurrence basis. (6) Unless it has been determined by the commissioner that the expenditure of fund dollars for removal, replacement, or repair of property improvements, including, but not limited to, petroleum dispensing equipment, canopies, signage, buildings and out buildings would result in a reduction of the total cost of cleanup activities at a petroleum site from what would be required otherwise, neither the fund nor the deductible for cleanup shall be used for the repair, replacement, or maintenance of petroleum underground storage tanks or property improvement on which the petroleum underground storage tanks are located, including, but not limited to: (A) Underground storage tank repair; (B) Underground storage tank replacement; (C) Repair or maintenance of associated lines; and (D) Replacement of asphalt or concrete. (7) (A) If there is evidence of a suspected or a confirmed release on or after July 1, 2004, in order for the tank owner, tank operator or petroleum site owner to receive reimbursement from the fund, an application for fund eligibility shall be filed: (i) Within ninety (90) days of the discovery of evidence of a suspected release which is subsequently confirmed in accordance with the rules promulgated pursuant to this part; or (ii) Within sixty (60) days of a release which was identified in any manner other than the process for confirmation of a suspected release stated in the rules promulgated pursuant to this part. (B) The tank owner or tank operator shall send notification to the petroleum site owner by certified mail, return receipt requested, within seven (7) days of confirmation of a release. Failure to comply with the applicable deadline of subdivision (f)(7)(A)(i) or (f)(7)(A)(ii) shall make the release ineligible for reimbursement from the fund. (8) On or after July 1, 2004, all applications for payment of costs of cleanup shall be received by the division within one (1) year of the performance of the task or tasks covered by that application in order to be eligible for payment from the fund. (g) (1) Petroleum underground storage tanks for which notification has been received by the commissioner are eligible for reimbursement from the fund for third-party claims involving bodily injury or property damage caused by releases from petroleum underground storage tanks; however, before payment for the claims related to a particular release may be paid, all of the applicable requirements of this part and the rules promulgated by the board must be met. (2) The board is authorized to promulgate rules that establish the amount of the deductible for third-party claims for bodily injury or property damage that must be incurred by either the tank owner or operator or the owner of the petroleum site subject to the claim, before the amount of the claim in excess of the deductible may be paid by the fund. Notwithstanding this authority, in no event shall the board set the amount of this required deductible at a level greater than thirty thousand dollars ($30,000) per occurrence. (3) The amount of the deductible for the third-party claims for the tank owner or operator or the owner of any petroleum site for an occurrence reported to the department on or after July 1, 2005, shall be twenty thousand dollars ($20,000); provided, however, that, pursuant to subdivision (g)(1), the board may promulgate rules setting the amounts of financial responsibility at greater amounts, up to a maximum of thirty thousand dollars ($30,000) per occurrence. In addition, the board is authorized to set the required deductible at lower amounts, if the board determines that the condition of the fund warrants setting it at lower amounts. (4) The fund shall be responsible for court awards involving third-party claims up to a maximum of one million dollars ($1,000,000). The sum of the deductible and the maximum reimbursement shall not exceed one million dollars ($1,000,000). The fund shall be responsible for third-party claims involving bodily injury or property damage, or both, caused by releases from petroleum underground storage tanks on a per site per occurrence basis. All claims against the fund for third-party damages must have been awarded in a court of suitable jurisdiction. (h) All claims against the fund are clearly obligations only of the fund and not of the state, and any amounts required to be paid under this part are subject to the availability of sufficient moneys in the fund. The full faith and credit of the state shall not in any way be pledged or considered to be available to guarantee payment from such fund. (i) Notwithstanding any provision of this part, tanks that are owned by the state of Tennessee are not eligible for reimbursement for either cleanup costs or third party claims. Amended by 2015 Tenn. Acts, ch. 292,s 7, eff. 7/1/2015. Acts 1988, ch. 984, § 13; 1990, ch. 855, § 5; 1990, ch. 1012, §§ 4-6; 1991, ch. 483, § 1; T.C.A., § 68-53-111; Acts 1992, ch. 906, § 1; 1995, ch. 65, § 1; 2002, ch. 821, §§ 5 - 7; 2004, ch. 925, §§ 7, 8; 2005, ch. 283, §§ 5 - 7; 2008, ch. 794, §§ 7, 8; 2010, ch. 903, § 1.
(a) The fund shall be available to the board and the commissioner for expenditures for the purposes of providing for the investigation, identification, and for the reasonable and safe cleanup, including monitoring and maintenance, of petroleum sites and locations from which underground storage tank systems have been removed within the state as provided in this chapter.
(b) The fund may also be used by the commissioner as a source of federal matching funds for the state in the petroleum underground storage tank program.
(c) The commissioner may enter into contracts and use the fund for those purposes directly associated with identification, investigation, containment and cleanup, including monitoring and maintenance prescribed above, including: (1) Hiring consultants and personnel; (2) Purchase, lease or rental of necessary equipment; and (3) Other necessary expenses.
(1) Hiring consultants and personnel;
(2) Purchase, lease or rental of necessary equipment; and
(3) Other necessary expenses.
(d) The fund may be used for the administrative costs of the underground storage tank program and be included in the department's annual budget request to the general assembly.
(e) The fund may be used to provide a mechanism to meet the financial responsibility requirements for owners or operators, or both, of petroleum underground storage tanks for cleanup of contamination and third-party claims due to bodily injury or property damage, or both, caused by releases from petroleum underground storage tanks.
(f) (1) The fund may be used to provide for cleanup of contamination in accordance with conditions for eligibility and coverage of releases established in this part and in rules of the board. (2) Petroleum underground storage tanks for which notification has been received by the commissioner are eligible for reimbursement from the fund for the costs of cleanup of contamination caused by releases from the tanks; however, before costs related to a particular release may be reimbursed, all of the applicable requirements of this part and the rules must be met. (3) The board is authorized to promulgate rules that establish the following: (A) The amount of the deductible that must be incurred by either the tank owner or operator or the owner of the petroleum site at the time of corrective action before the tank owner or operator or the owner of the petroleum site is eligible to receive reimbursement from the fund. Notwithstanding this authority, in no event shall the board set the amount of this required deductible at a level greater than thirty thousand dollars ($30,000) per occurrence; and (B) A system of incentives to provide for reduced required deductible amounts in order to encourage tank owners to use technologies or management practices that go beyond the minimum requirements related to release detection and prevention for tanks and piping. In order to qualify for the incentives, the technologies or management practices must be found by the board to be proven methods of significantly enhancing prevention of releases or reducing the detection timeframe for releases. (4) The amount of the deductible that must be incurred by either the tank owner or operator or the owner of the petroleum site, before the tank owner or operator or the owner of the petroleum site is eligible to receive reimbursement from the fund for an occurrence reported to the department on or after July 1, 2005, shall be twenty thousand dollars ($20,000) per occurrence; provided, however, that, pursuant to subdivision (f)(3)(A), the board may promulgate rules raising the amount of the deductible to a maximum of thirty thousand dollars ($30,000) per occurrence. In addition, the board is authorized to set the required deductible at lower amounts, if the board determines that the condition of the fund warrants setting it at lower amounts. (5) (A) The fund shall be responsible for up to a maximum of one million dollars ($1,000,000) of cleanup costs. The sum of the deductible and the maximum reimbursement shall not exceed one million dollars ($1,000,000). The fund shall be responsible for cleanup of contamination due to releases from petroleum underground storage tanks on a per site per occurrence basis. (B) Notwithstanding subdivision (f)(5)(A), the fund shall be responsible for up to a maximum of two million dollars ($2,000,000) of cleanup costs for sites still undergoing corrective action on July 1, 2015, and releases that occur on or after July 1, 2015. The sum of the deductible and the maximum reimbursement shall not exceed two million dollars ($2,000,000). The fund shall be responsible for cleanup of contamination due to releases from petroleum underground storage tanks on a per-site, per-occurrence basis. (6) Unless it has been determined by the commissioner that the expenditure of fund dollars for removal, replacement, or repair of property improvements, including, but not limited to, petroleum dispensing equipment, canopies, signage, buildings and out buildings would result in a reduction of the total cost of cleanup activities at a petroleum site from what would be required otherwise, neither the fund nor the deductible for cleanup shall be used for the repair, replacement, or maintenance of petroleum underground storage tanks or property improvement on which the petroleum underground storage tanks are located, including, but not limited to: (A) Underground storage tank repair; (B) Underground storage tank replacement; (C) Repair or maintenance of associated lines; and (D) Replacement of asphalt or concrete. (7) (A) If there is evidence of a suspected or a confirmed release on or after July 1, 2004, in order for the tank owner, tank operator or petroleum site owner to receive reimbursement from the fund, an application for fund eligibility shall be filed: (i) Within ninety (90) days of the discovery of evidence of a suspected release which is subsequently confirmed in accordance with the rules promulgated pursuant to this part; or (ii) Within sixty (60) days of a release which was identified in any manner other than the process for confirmation of a suspected release stated in the rules promulgated pursuant to this part. (B) The tank owner or tank operator shall send notification to the petroleum site owner by certified mail, return receipt requested, within seven (7) days of confirmation of a release. Failure to comply with the applicable deadline of subdivision (f)(7)(A)(i) or (f)(7)(A)(ii) shall make the release ineligible for reimbursement from the fund. (8) On or after July 1, 2004, all applications for payment of costs of cleanup shall be received by the division within one (1) year of the performance of the task or tasks covered by that application in order to be eligible for payment from the fund.
(1) The fund may be used to provide for cleanup of contamination in accordance with conditions for eligibility and coverage of releases established in this part and in rules of the board.
(2) Petroleum underground storage tanks for which notification has been received by the commissioner are eligible for reimbursement from the fund for the costs of cleanup of contamination caused by releases from the tanks; however, before costs related to a particular release may be reimbursed, all of the applicable requirements of this part and the rules must be met.
(3) The board is authorized to promulgate rules that establish the following: (A) The amount of the deductible that must be incurred by either the tank owner or operator or the owner of the petroleum site at the time of corrective action before the tank owner or operator or the owner of the petroleum site is eligible to receive reimbursement from the fund. Notwithstanding this authority, in no event shall the board set the amount of this required deductible at a level greater than thirty thousand dollars ($30,000) per occurrence; and (B) A system of incentives to provide for reduced required deductible amounts in order to encourage tank owners to use technologies or management practices that go beyond the minimum requirements related to release detection and prevention for tanks and piping. In order to qualify for the incentives, the technologies or management practices must be found by the board to be proven methods of significantly enhancing prevention of releases or reducing the detection timeframe for releases.
(A) The amount of the deductible that must be incurred by either the tank owner or operator or the owner of the petroleum site at the time of corrective action before the tank owner or operator or the owner of the petroleum site is eligible to receive reimbursement from the fund. Notwithstanding this authority, in no event shall the board set the amount of this required deductible at a level greater than thirty thousand dollars ($30,000) per occurrence; and
(B) A system of incentives to provide for reduced required deductible amounts in order to encourage tank owners to use technologies or management practices that go beyond the minimum requirements related to release detection and prevention for tanks and piping. In order to qualify for the incentives, the technologies or management practices must be found by the board to be proven methods of significantly enhancing prevention of releases or reducing the detection timeframe for releases.
(4) The amount of the deductible that must be incurred by either the tank owner or operator or the owner of the petroleum site, before the tank owner or operator or the owner of the petroleum site is eligible to receive reimbursement from the fund for an occurrence reported to the department on or after July 1, 2005, shall be twenty thousand dollars ($20,000) per occurrence; provided, however, that, pursuant to subdivision (f)(3)(A), the board may promulgate rules raising the amount of the deductible to a maximum of thirty thousand dollars ($30,000) per occurrence. In addition, the board is authorized to set the required deductible at lower amounts, if the board determines that the condition of the fund warrants setting it at lower amounts.
(5) (A) The fund shall be responsible for up to a maximum of one million dollars ($1,000,000) of cleanup costs. The sum of the deductible and the maximum reimbursement shall not exceed one million dollars ($1,000,000). The fund shall be responsible for cleanup of contamination due to releases from petroleum underground storage tanks on a per site per occurrence basis. (B) Notwithstanding subdivision (f)(5)(A), the fund shall be responsible for up to a maximum of two million dollars ($2,000,000) of cleanup costs for sites still undergoing corrective action on July 1, 2015, and releases that occur on or after July 1, 2015. The sum of the deductible and the maximum reimbursement shall not exceed two million dollars ($2,000,000). The fund shall be responsible for cleanup of contamination due to releases from petroleum underground storage tanks on a per-site, per-occurrence basis.
(A) The fund shall be responsible for up to a maximum of one million dollars ($1,000,000) of cleanup costs. The sum of the deductible and the maximum reimbursement shall not exceed one million dollars ($1,000,000). The fund shall be responsible for cleanup of contamination due to releases from petroleum underground storage tanks on a per site per occurrence basis.
(B) Notwithstanding subdivision (f)(5)(A), the fund shall be responsible for up to a maximum of two million dollars ($2,000,000) of cleanup costs for sites still undergoing corrective action on July 1, 2015, and releases that occur on or after July 1, 2015. The sum of the deductible and the maximum reimbursement shall not exceed two million dollars ($2,000,000). The fund shall be responsible for cleanup of contamination due to releases from petroleum underground storage tanks on a per-site, per-occurrence basis.
(6) Unless it has been determined by the commissioner that the expenditure of fund dollars for removal, replacement, or repair of property improvements, including, but not limited to, petroleum dispensing equipment, canopies, signage, buildings and out buildings would result in a reduction of the total cost of cleanup activities at a petroleum site from what would be required otherwise, neither the fund nor the deductible for cleanup shall be used for the repair, replacement, or maintenance of petroleum underground storage tanks or property improvement on which the petroleum underground storage tanks are located, including, but not limited to: (A) Underground storage tank repair; (B) Underground storage tank replacement; (C) Repair or maintenance of associated lines; and (D) Replacement of asphalt or concrete.
(A) Underground storage tank repair;
(B) Underground storage tank replacement;
(C) Repair or maintenance of associated lines; and
(D) Replacement of asphalt or concrete.
(7) (A) If there is evidence of a suspected or a confirmed release on or after July 1, 2004, in order for the tank owner, tank operator or petroleum site owner to receive reimbursement from the fund, an application for fund eligibility shall be filed: (i) Within ninety (90) days of the discovery of evidence of a suspected release which is subsequently confirmed in accordance with the rules promulgated pursuant to this part; or (ii) Within sixty (60) days of a release which was identified in any manner other than the process for confirmation of a suspected release stated in the rules promulgated pursuant to this part. (B) The tank owner or tank operator shall send notification to the petroleum site owner by certified mail, return receipt requested, within seven (7) days of confirmation of a release. Failure to comply with the applicable deadline of subdivision (f)(7)(A)(i) or (f)(7)(A)(ii) shall make the release ineligible for reimbursement from the fund.
(A) If there is evidence of a suspected or a confirmed release on or after July 1, 2004, in order for the tank owner, tank operator or petroleum site owner to receive reimbursement from the fund, an application for fund eligibility shall be filed: (i) Within ninety (90) days of the discovery of evidence of a suspected release which is subsequently confirmed in accordance with the rules promulgated pursuant to this part; or (ii) Within sixty (60) days of a release which was identified in any manner other than the process for confirmation of a suspected release stated in the rules promulgated pursuant to this part.
(i) Within ninety (90) days of the discovery of evidence of a suspected release which is subsequently confirmed in accordance with the rules promulgated pursuant to this part; or
(ii) Within sixty (60) days of a release which was identified in any manner other than the process for confirmation of a suspected release stated in the rules promulgated pursuant to this part.
(B) The tank owner or tank operator shall send notification to the petroleum site owner by certified mail, return receipt requested, within seven (7) days of confirmation of a release. Failure to comply with the applicable deadline of subdivision (f)(7)(A)(i) or (f)(7)(A)(ii) shall make the release ineligible for reimbursement from the fund.
(8) On or after July 1, 2004, all applications for payment of costs of cleanup shall be received by the division within one (1) year of the performance of the task or tasks covered by that application in order to be eligible for payment from the fund.
(g) (1) Petroleum underground storage tanks for which notification has been received by the commissioner are eligible for reimbursement from the fund for third-party claims involving bodily injury or property damage caused by releases from petroleum underground storage tanks; however, before payment for the claims related to a particular release may be paid, all of the applicable requirements of this part and the rules promulgated by the board must be met. (2) The board is authorized to promulgate rules that establish the amount of the deductible for third-party claims for bodily injury or property damage that must be incurred by either the tank owner or operator or the owner of the petroleum site subject to the claim, before the amount of the claim in excess of the deductible may be paid by the fund. Notwithstanding this authority, in no event shall the board set the amount of this required deductible at a level greater than thirty thousand dollars ($30,000) per occurrence. (3) The amount of the deductible for the third-party claims for the tank owner or operator or the owner of any petroleum site for an occurrence reported to the department on or after July 1, 2005, shall be twenty thousand dollars ($20,000); provided, however, that, pursuant to subdivision (g)(1), the board may promulgate rules setting the amounts of financial responsibility at greater amounts, up to a maximum of thirty thousand dollars ($30,000) per occurrence. In addition, the board is authorized to set the required deductible at lower amounts, if the board determines that the condition of the fund warrants setting it at lower amounts. (4) The fund shall be responsible for court awards involving third-party claims up to a maximum of one million dollars ($1,000,000). The sum of the deductible and the maximum reimbursement shall not exceed one million dollars ($1,000,000). The fund shall be responsible for third-party claims involving bodily injury or property damage, or both, caused by releases from petroleum underground storage tanks on a per site per occurrence basis. All claims against the fund for third-party damages must have been awarded in a court of suitable jurisdiction.
(1) Petroleum underground storage tanks for which notification has been received by the commissioner are eligible for reimbursement from the fund for third-party claims involving bodily injury or property damage caused by releases from petroleum underground storage tanks; however, before payment for the claims related to a particular release may be paid, all of the applicable requirements of this part and the rules promulgated by the board must be met.
(2) The board is authorized to promulgate rules that establish the amount of the deductible for third-party claims for bodily injury or property damage that must be incurred by either the tank owner or operator or the owner of the petroleum site subject to the claim, before the amount of the claim in excess of the deductible may be paid by the fund. Notwithstanding this authority, in no event shall the board set the amount of this required deductible at a level greater than thirty thousand dollars ($30,000) per occurrence.
(3) The amount of the deductible for the third-party claims for the tank owner or operator or the owner of any petroleum site for an occurrence reported to the department on or after July 1, 2005, shall be twenty thousand dollars ($20,000); provided, however, that, pursuant to subdivision (g)(1), the board may promulgate rules setting the amounts of financial responsibility at greater amounts, up to a maximum of thirty thousand dollars ($30,000) per occurrence. In addition, the board is authorized to set the required deductible at lower amounts, if the board determines that the condition of the fund warrants setting it at lower amounts.
(4) The fund shall be responsible for court awards involving third-party claims up to a maximum of one million dollars ($1,000,000). The sum of the deductible and the maximum reimbursement shall not exceed one million dollars ($1,000,000). The fund shall be responsible for third-party claims involving bodily injury or property damage, or both, caused by releases from petroleum underground storage tanks on a per site per occurrence basis. All claims against the fund for third-party damages must have been awarded in a court of suitable jurisdiction.
(h) All claims against the fund are clearly obligations only of the fund and not of the state, and any amounts required to be paid under this part are subject to the availability of sufficient moneys in the fund. The full faith and credit of the state shall not in any way be pledged or considered to be available to guarantee payment from such fund.
(i) Notwithstanding any provision of this part, tanks that are owned by the state of Tennessee are not eligible for reimbursement for either cleanup costs or third party claims.
Amended by 2015 Tenn. Acts, ch. 292,s 7, eff. 7/1/2015.
Acts 1988, ch. 984, § 13; 1990, ch. 855, § 5; 1990, ch. 1012, §§ 4-6; 1991, ch. 483, § 1; T.C.A., § 68-53-111; Acts 1992, ch. 906, § 1; 1995, ch. 65, § 1; 2002, ch. 821, §§ 5 - 7; 2004, ch. 925, §§ 7, 8; 2005, ch. 283, §§ 5 - 7; 2008, ch. 794, §§ 7, 8; 2010, ch. 903, § 1.
Tenn. Code Ann. § 68-217-111 — TN Code / Title 68 / Chapter 217 / Section 68-217-111
Preemption
Status: in_force

(a) Notwithstanding any other provision of law, no owner/operator of a drycleaning facility or in-state wholesale distribution facility or current or prior owner or operator of an abandoned drycleaning facility shall be liable for any release under any other law, including any common law claim, except to the extent of the deductible set forth in § 68-217-106(k) , or for third-party claims if such facility or distributor has paid all the registration fees and solvent surcharges required under this chapter, materially complies with all rules and regulations required in this chapter, and has had its petition accepted by the commissioner for participation in the fund, and the party is in material compliance with the commissioner's requirements for investigatory or remedial measures. This section does not preclude claims based solely upon personal injuries associated with a claimant's exposure to drycleaning solvent. (b) Notwithstanding any other provision of law, no impacted third party shall be liable for any release under any other law, including any common law claim, or other third party claims, if the drycleaning facility, abandoned drycleaning facility or the in-state wholesale distribution facility which is the source of the release to the impacted third party's real property is eligible for participation in the fund, for this site, and the impacted third party or the current or prior owner or operator of the drycleaning facility, abandoned drycleaning facility or in-state wholesale distribution facility which is the source of the release has petitioned the commissioner and had its petition accepted by the commissioner for participation in the fund, and the impacted third party is in material compliance with any applicable commissioner requirements for investigatory or remedial measures. This section does not preclude claims based solely upon personal injuries associated with a claimant's exposure to drycleaning solvent. (c) This section does not apply to any claim filed in any court of competent jurisdiction before June 13, 1995. (d) Subsections (a) and (b) shall not apply to or limit any claim of a lender which arises under a financing arrangement entered into by the owner/operator or impacted third party prior to, on or after June 13, 1995. Amended by 2014 Tenn. Acts, ch. 976,s 12, eff. 5/22/2014. Acts 1995, ch. 541, § 11.
(a) Notwithstanding any other provision of law, no owner/operator of a drycleaning facility or in-state wholesale distribution facility or current or prior owner or operator of an abandoned drycleaning facility shall be liable for any release under any other law, including any common law claim, except to the extent of the deductible set forth in § 68-217-106(k) , or for third-party claims if such facility or distributor has paid all the registration fees and solvent surcharges required under this chapter, materially complies with all rules and regulations required in this chapter, and has had its petition accepted by the commissioner for participation in the fund, and the party is in material compliance with the commissioner's requirements for investigatory or remedial measures. This section does not preclude claims based solely upon personal injuries associated with a claimant's exposure to drycleaning solvent.
(b) Notwithstanding any other provision of law, no impacted third party shall be liable for any release under any other law, including any common law claim, or other third party claims, if the drycleaning facility, abandoned drycleaning facility or the in-state wholesale distribution facility which is the source of the release to the impacted third party's real property is eligible for participation in the fund, for this site, and the impacted third party or the current or prior owner or operator of the drycleaning facility, abandoned drycleaning facility or in-state wholesale distribution facility which is the source of the release has petitioned the commissioner and had its petition accepted by the commissioner for participation in the fund, and the impacted third party is in material compliance with any applicable commissioner requirements for investigatory or remedial measures. This section does not preclude claims based solely upon personal injuries associated with a claimant's exposure to drycleaning solvent.
(c) This section does not apply to any claim filed in any court of competent jurisdiction before June 13, 1995.
(d) Subsections (a) and (b) shall not apply to or limit any claim of a lender which arises under a financing arrangement entered into by the owner/operator or impacted third party prior to, on or after June 13, 1995.
Amended by 2014 Tenn. Acts, ch. 976,s 12, eff. 5/22/2014.
Acts 1995, ch. 541, § 11.
Tenn. Code Ann. § 68-221-611 — TN Code / Title 68 / Chapter 221 / Section 68-221-611
Power to issue bonds - Conditions of bonds - Rights of bondholders - Execution - Tax exemption - Legal investment
Status: in_force

(a) (1) The authority has the power to issue negotiable bonds from time to time in order to accomplish any of the purposes authorized by this part, and it also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this part. (2) All such bonds shall be payable from all or any part of the revenues, income and charges of the authority and such bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities. (b) (1) Such bonds shall be authorized by resolution of the board and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds. (2) Such bonds may be sold at public or private sale in such manner and for such amount as the board may determine. (c) Such resolution may include any covenants which are deemed necessary by the board to make such bonds secure and marketable, including, but not limited to, covenants regarding: (1) The application of the bond proceeds; (2) The pledging, application and securing of the revenues of the authority; (3) The creation and maintenance of reserves; (4) The investment of funds; (5) The issuance of additional bonds; (6) The maintenance of minimum fees, charges and rentals; (7) The operation and maintenance of its treatment works; (8) Insurance and insurance proceeds; (9) Accounts and audits; (10) The sale of treatment works properties; (11) Remedies of bondholders; (12) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; (13) The terms and conditions upon which bondholders may exercise their rights and remedies; (14) The replacement of lost, destroyed or mutilated bonds; (15) The definition, consequences and remedies of an event of default; (16) The amendment of such resolution; and (17) The appointment of a receiver in the event of a default. (d) Any holder of any such bonds, including any trustee for any bondholders, may enforce their rights against the authority, its board or any officer, agent or employee thereof by mandamus, injunction or other action in any court of competent jurisdiction, subject to the covenants included in the bond resolution. (e) (1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on such bonds. (2) All sums received as principal or premium from such sale shall be applied to the purpose for which such bonds were issued, and may include, but without limitation, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with such bonds, and to create a reserve for the payment of not exceeding one (1) year's interest on such bonds. (f) Bonds issued pursuant to this part executed by officers in office on the date of such execution shall be valid obligations of the authority, notwithstanding that before the delivery thereof, any or all of the persons executing the bonds shall have ceased to be such officers. (g) Bonds issued pursuant to this part, and the income therefrom, shall be exempt from all state, county and municipal taxation except inheritance, transfer and estate taxes. (h) All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees, and all other fiduciaries in the state may legally invest funds within their control in bonds of an authority. (i) Any bonds issued for the purpose of financing the cost of the establishment, construction, installation, acquisition, extension or improvement of any treatment works, as defined by § 68-221-603 , which are to be the joint obligations of the authority and any creating governmental entity, or participating governmental entity, shall be authorized and issued by such governmental entity in the form and manner prescribed by the applicable provisions of [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed], and the construction, installation, acquisition, extension or improvement of any treatment works shall be deemed to be a public works project, as defined in [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed]. To the extent any of [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed], relating to the terms and conditions of any bonds so issued, conflict with this section, the former shall prevail. (j) Any bonds upon which any creating governmental entity, or participating governmental entity, is jointly obligated with the authority may be secured by the full faith and credit and taxing powers of such governmental entity as provided in the chapters cited herein. (k) All authorities, whether created pursuant to this chapter or any public or private act by the general assembly, shall not issue a bond or note authorized by this chapter until the resolution authorizing the issuance of bonds or notes, together with a statement as of the beginning of the then current fiscal year, which statement must show in detail the total outstanding bonds, notes, warrants, refunding bonds, and other evidences of indebtedness of the authority, together with the maturity dates of the bonds, notes, warrants, refunding bonds, and other evidences of indebtedness, interest rates, special provisions for payment, the project to be funded by the bonds or notes, the current operating financial statement of the authority and any other pertinent financial information, is submitted to the comptroller of the treasury or the comptroller's designee for review, and the comptroller of the treasury or the comptroller's designee shall report thereon to the authority within fifteen (15) days from the date the plan is received by the comptroller of the treasury or the comptroller's designee. The comptroller of the treasury or the comptroller's designee shall immediately acknowledge receipt in writing of the proposed bond or note issue statement and information. The report thus received by the authority must be published once in a newspaper of general circulation in the county of the principal office of the authority or the county the authority primarily serves if its principal office is not also located in that county, and once on the authority's website, during the week following the report's receipt. After receiving the report of the comptroller of the treasury or the comptroller's designee, and after publication of such report, or after the expiration of fifteen (15) days from the date the statement and information are received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the authority may take such action with reference to the proposed bond or note issue as it deems advisable. Such report of the comptroller of the treasury or the comptroller's designee must also be made a part of the bond transcript. (l) Any provision of this section related to the review or approval of any bond or note issued by the comptroller of the treasury or the comptroller's designee, or other state agency, does not apply when the bond or bonds or other evidence of indebtedness of the authority are to be purchased or the loan is to be made by the farmers home administration or any other direct lending department of the government of the United States. (m) (1) Prior to the beginning of the fiscal year, an authority, whether created pursuant to this chapter or a public or private act, shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (A) Based upon historical operating results and reasonably anticipated future operations; and (B) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury or the comptroller's designee. (2) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval. (3) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable. (4) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee. (5) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions. (n) If an authority proposes to sell bonds in excess of fifty million dollars ($50,000,000) at a negotiated sale, a written request for proposal must be sent to a minimum of five (5) qualified firms no later than thirty (30) days prior to the first meeting of the board of commissioners to discuss the specific bond transaction. A minimum of three (3) proposals must be received no later than fourteen (14) days prior to such first meeting. This requirement applies to both financial advisory and underwriting services. Amended by 2023 Tenn. Acts, ch. 463, s 34, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 663, s 2, eff. 3/16/2022. Amended by 2021 Tenn. Acts, ch. 256, s 8, eff. 4/28/2021. Acts 1974, ch. 605, § 11; 1977, ch. 217, § 1; T.C.A., §§ 53-6011, 68-13-611.
(a) (1) The authority has the power to issue negotiable bonds from time to time in order to accomplish any of the purposes authorized by this part, and it also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this part. (2) All such bonds shall be payable from all or any part of the revenues, income and charges of the authority and such bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities.
(1) The authority has the power to issue negotiable bonds from time to time in order to accomplish any of the purposes authorized by this part, and it also has the power to issue bonds in the same manner and under the same provisions as municipalities or metropolitan governments or counties are empowered to issue bonds under the laws of this state, for the purposes authorized by this part.
(2) All such bonds shall be payable from all or any part of the revenues, income and charges of the authority and such bonds may also constitute an obligation of one (1) or more of the creating and participating governmental entities.
(b) (1) Such bonds shall be authorized by resolution of the board and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds. (2) Such bonds may be sold at public or private sale in such manner and for such amount as the board may determine.
(1) Such bonds shall be authorized by resolution of the board and shall bear such date, mature at such time or times, bear interest at such rate or rates payable annually or semiannually, be in such form and denominations, be subject to such terms of redemption with or without premium, carry such registration privileges, be payable in such medium and at such place or places, be executed in such manner, all as may be provided in the resolution authorizing the bonds.
(2) Such bonds may be sold at public or private sale in such manner and for such amount as the board may determine.
(c) Such resolution may include any covenants which are deemed necessary by the board to make such bonds secure and marketable, including, but not limited to, covenants regarding: (1) The application of the bond proceeds; (2) The pledging, application and securing of the revenues of the authority; (3) The creation and maintenance of reserves; (4) The investment of funds; (5) The issuance of additional bonds; (6) The maintenance of minimum fees, charges and rentals; (7) The operation and maintenance of its treatment works; (8) Insurance and insurance proceeds; (9) Accounts and audits; (10) The sale of treatment works properties; (11) Remedies of bondholders; (12) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; (13) The terms and conditions upon which bondholders may exercise their rights and remedies; (14) The replacement of lost, destroyed or mutilated bonds; (15) The definition, consequences and remedies of an event of default; (16) The amendment of such resolution; and (17) The appointment of a receiver in the event of a default.
(1) The application of the bond proceeds;
(2) The pledging, application and securing of the revenues of the authority;
(3) The creation and maintenance of reserves;
(4) The investment of funds;
(5) The issuance of additional bonds;
(6) The maintenance of minimum fees, charges and rentals;
(7) The operation and maintenance of its treatment works;
(8) Insurance and insurance proceeds;
(9) Accounts and audits;
(10) The sale of treatment works properties;
(11) Remedies of bondholders;
(12) The vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable;
(13) The terms and conditions upon which bondholders may exercise their rights and remedies;
(14) The replacement of lost, destroyed or mutilated bonds;
(15) The definition, consequences and remedies of an event of default;
(16) The amendment of such resolution; and
(17) The appointment of a receiver in the event of a default.
(d) Any holder of any such bonds, including any trustee for any bondholders, may enforce their rights against the authority, its board or any officer, agent or employee thereof by mandamus, injunction or other action in any court of competent jurisdiction, subject to the covenants included in the bond resolution.
(e) (1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on such bonds. (2) All sums received as principal or premium from such sale shall be applied to the purpose for which such bonds were issued, and may include, but without limitation, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with such bonds, and to create a reserve for the payment of not exceeding one (1) year's interest on such bonds.
(1) Sums received as accrued interest from the sale of any bonds may be applied to the payment of interest on such bonds.
(2) All sums received as principal or premium from such sale shall be applied to the purpose for which such bonds were issued, and may include, but without limitation, expenses for fiscal, legal, engineering and architectural services, expenses for the authorization, sale and issuance of the bonds, expenses for obtaining an economic feasibility survey in connection with such bonds, and to create a reserve for the payment of not exceeding one (1) year's interest on such bonds.
(f) Bonds issued pursuant to this part executed by officers in office on the date of such execution shall be valid obligations of the authority, notwithstanding that before the delivery thereof, any or all of the persons executing the bonds shall have ceased to be such officers.
(g) Bonds issued pursuant to this part, and the income therefrom, shall be exempt from all state, county and municipal taxation except inheritance, transfer and estate taxes.
(h) All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees, and all other fiduciaries in the state may legally invest funds within their control in bonds of an authority.
(i) Any bonds issued for the purpose of financing the cost of the establishment, construction, installation, acquisition, extension or improvement of any treatment works, as defined by § 68-221-603 , which are to be the joint obligations of the authority and any creating governmental entity, or participating governmental entity, shall be authorized and issued by such governmental entity in the form and manner prescribed by the applicable provisions of [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed], and the construction, installation, acquisition, extension or improvement of any treatment works shall be deemed to be a public works project, as defined in [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed]. To the extent any of [former] title 5, chapter 11 [repealed] and [former] title 7, chapter 36 [repealed], relating to the terms and conditions of any bonds so issued, conflict with this section, the former shall prevail.
(j) Any bonds upon which any creating governmental entity, or participating governmental entity, is jointly obligated with the authority may be secured by the full faith and credit and taxing powers of such governmental entity as provided in the chapters cited herein.
(k) All authorities, whether created pursuant to this chapter or any public or private act by the general assembly, shall not issue a bond or note authorized by this chapter until the resolution authorizing the issuance of bonds or notes, together with a statement as of the beginning of the then current fiscal year, which statement must show in detail the total outstanding bonds, notes, warrants, refunding bonds, and other evidences of indebtedness of the authority, together with the maturity dates of the bonds, notes, warrants, refunding bonds, and other evidences of indebtedness, interest rates, special provisions for payment, the project to be funded by the bonds or notes, the current operating financial statement of the authority and any other pertinent financial information, is submitted to the comptroller of the treasury or the comptroller's designee for review, and the comptroller of the treasury or the comptroller's designee shall report thereon to the authority within fifteen (15) days from the date the plan is received by the comptroller of the treasury or the comptroller's designee. The comptroller of the treasury or the comptroller's designee shall immediately acknowledge receipt in writing of the proposed bond or note issue statement and information. The report thus received by the authority must be published once in a newspaper of general circulation in the county of the principal office of the authority or the county the authority primarily serves if its principal office is not also located in that county, and once on the authority's website, during the week following the report's receipt. After receiving the report of the comptroller of the treasury or the comptroller's designee, and after publication of such report, or after the expiration of fifteen (15) days from the date the statement and information are received by the comptroller of the treasury or the comptroller's designee, whichever date is earlier, the authority may take such action with reference to the proposed bond or note issue as it deems advisable. Such report of the comptroller of the treasury or the comptroller's designee must also be made a part of the bond transcript.
(l) Any provision of this section related to the review or approval of any bond or note issued by the comptroller of the treasury or the comptroller's designee, or other state agency, does not apply when the bond or bonds or other evidence of indebtedness of the authority are to be purchased or the loan is to be made by the farmers home administration or any other direct lending department of the government of the United States.
(m) (1) Prior to the beginning of the fiscal year, an authority, whether created pursuant to this chapter or a public or private act, shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (A) Based upon historical operating results and reasonably anticipated future operations; and (B) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury or the comptroller's designee. (2) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval. (3) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable. (4) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee. (5) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions.
(1) Prior to the beginning of the fiscal year, an authority, whether created pursuant to this chapter or a public or private act, shall adopt a balanced annual operating budget that identifies the authority's anticipated revenues by source and anticipated expenses by type of expense. The budget must be: (A) Based upon historical operating results and reasonably anticipated future operations; and (B) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury or the comptroller's designee.
(A) Based upon historical operating results and reasonably anticipated future operations; and
(B) Created in conformity with generally accepted accounting principles and prepared in a form consistent with accepted governmental standards and as approved by the comptroller of the treasury or the comptroller's designee.
(2) A budget as adopted must be submitted to the comptroller of the treasury, or the comptroller's designee, for approval.
(3) The comptroller of the treasury, or the comptroller's designee, shall provide guidance to the form of a budget, including supplemental schedules, as necessary, to demonstrate that an authority has adequate cash to meet current obligations, including principal and interest, as applicable.
(4) If a proper budget is not approved by or submitted to the comptroller of the treasury, or the comptroller's designee, within two (2) months of the beginning of the fiscal year, then the authority shall not issue a debt or financing obligation until the comptroller of the treasury, or the comptroller's designee, has approved the budget, or as otherwise provided for in a manner approved by the comptroller of the treasury, or the comptroller's designee.
(5) In the case of an emergency, the comptroller of the treasury, or the comptroller's designee, may waive the requirement of budget approval in order to allow the authority to enter into emergency financial transactions.
(n) If an authority proposes to sell bonds in excess of fifty million dollars ($50,000,000) at a negotiated sale, a written request for proposal must be sent to a minimum of five (5) qualified firms no later than thirty (30) days prior to the first meeting of the board of commissioners to discuss the specific bond transaction. A minimum of three (3) proposals must be received no later than fourteen (14) days prior to such first meeting. This requirement applies to both financial advisory and underwriting services.
Amended by 2023 Tenn. Acts, ch. 463, s 34, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 663, s 2, eff. 3/16/2022.
Amended by 2021 Tenn. Acts, ch. 256, s 8, eff. 4/28/2021.
Acts 1974, ch. 605, § 11; 1977, ch. 217, § 1; T.C.A., §§ 53-6011, 68-13-611.