Tenn. Code Ann. § 68-211-111 — TN Code / Title 68 / Chapter 211 / Section 68-211-111
Underground storage tanks and solid waste disposal control board - Members and terms - Vacancies - Termination due to vacancy - Notice of hearings - Public comment - Rules and regulations - Meetings - Compensation
Status: in_force

(a) (1) (A) There is created an underground storage tanks and solid waste disposal control board that shall be composed of fourteen (14) members appointed by the governor as follows: (i) One (1) person engaged in a field directly related to agriculture, who may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau; (ii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least ten (10) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for at least fifteen (15) underground storage tanks, who may be appointed from a list of qualified persons submitted by interested wholesale or retail gasoline business groups including, but not limited to, the Tennessee Fuel and Convenience Store Association. Such person shall have demonstrated leadership in the industry by membership and involvement in a trade association representing fuel distributors and convenience store owners; (iii) One (1) person who is employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in permit compliance and management of solid wastes or hazardous waste, who may be appointed from a list of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (iv) One (1) person employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in the management of petroleum underground storage tanks and hazardous materials. This person may be appointed from a list of qualified persons submitted by business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (v) One (1) person who is a registered engineer or geologist or qualified land surveyor with knowledge of management of solid wastes or hazardous materials or the management of underground storage tanks from the faculty of an institution of higher learning, who may be appointed from a list of four (4) persons, two (2) of whom may be nominated by the board of trustees of the University of Tennessee system and two (2) of whom may be nominated by the board of regents of the state university and community college system; (vi) One (1) person with knowledge of management of solid wastes, hazardous materials, or underground storage tanks to represent environmental interests, who may be appointed from a list of qualified persons submitted by environmental groups including, but not limited to, the Tennessee Environmental Council; (vii) One (1) representative of county governments, who may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association; (viii) One (1) representative of municipal governments, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (ix) One (1) person shall be a small generator of solid wastes or hazardous materials, who may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, a list of three (3) persons that shall be submitted by the Tennessee Automotive Association; (x) One (1) person employed by a private petroleum concern with experience in the management of petroleum, who may be appointed from lists of qualified persons submitted by interested petroleum groups including, but not limited to, the Tennessee Petroleum Council; (xi) One (1) person engaged in the business of management of solid wastes or hazardous materials; (xii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least five (5) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for no more than five (5) underground storage tanks; and (xiii) The commissioner of economic and community development or the commissioner's designee, and the commissioner of environment and conservation or the commissioner's designee, who shall be ex officio voting members. (B) The governor shall consult with the interested groups described in subdivision (a)(1)(A) to determine qualified persons to fill the positions on the board. (2) The director of the division of solid and hazardous waste management or the director's designee shall serve as the technical secretary of the board but shall have no vote at board meetings. (b) In making the initial appointments to the board, three (3) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of three (3) years, and three (3) members shall be appointed for a term of four (4) years. Upon expiration of these terms, members shall be appointed by the governor for a term of four (4) years. Vacancies resulting for reasons other than the expiration of the term shall be filled by the governor for the remainder of the term. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is at least sixty (60) years of age and that at least one (1) person appointed to serve on the board is a member of a racial minority. (c) (1) All vacancies in appointed positions shall be filled by the original appointing authority to serve the remainder of the unexpired term. (2) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration such board shall report to government operations committees of the senate and the house of representatives why such vacancies have not been filled. (3) If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112 . A board that is terminated pursuant to this subsection (c) shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing the board. (d) (1) It is the duty of the board to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations which the board deems necessary for the proper administration of this part. Prior to promulgating, adopting, modifying or repealing rules and regulations, the board shall conduct, or cause to be conducted, public hearings in connection therewith. All such acts relative to rules and regulations shall be in accordance with the Uniform Administrative Procedures Act. (2) The board is authorized to promulgate rules and regulations to effectuate the purposes of parts 8 and 9 of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act. (e) Notice of any hearing shall be given not less than thirty (30) days before the date of such hearing and shall state the date, time, and place of hearing, and the subject of the hearing. Any person who desires to be heard relative to petroleum underground storage tank or solid waste matters at any such public hearing shall give written notice thereof to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing. (f) It is the duty of the board to act as a board of appeals as provided in § 68-211-113 and title 68, chapter 215. (g) (1) The board shall hold at least four (4) regular meetings each calendar year at a place and time to be fixed by the board. The board has the authority of the municipal solid waste advisory committee. The board shall also meet at the request of the commissioner of environment and conservation, the chair of the board, or three (3) members of the board. Eight (8) members shall constitute a quorum, and a quorum may act for the board in all matters. The board shall select a chair from its members annually. The department of environment and conservation shall provide all necessary staff for the board. (2) (A) Any voting member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of any voting member who fails to satisfy the attendance requirement as prescribed in subdivision (g)(2)(A). (h) Each member of the board other than the ex officio members shall be entitled to be paid fifty dollars ($50.00) for each day actually and necessarily employed in the discharge of official duties, and each member shall be entitled to receive the amount of the member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses shall be reimbursed in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (i) No member of the board shall participate in making any decision of a permit or upon a case in which the municipality, firm, or organization which the member represents, or by which the member is employed, or in which the member has a direct substantial financial interest, is involved. Amended by 2023 Tenn. Acts, ch. 81,s 3, eff. 3/31/2023. Amended by 2015 Tenn. Acts, ch. 292, Secs.s 13, s 14, s 15 eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 292, s 12, eff. 7/1/2016. Acts 1969, ch. 295, § 11; 1975, ch. 109, § 2; 1980, ch. 899, § 6; 1981, ch. 174, §§ 2-4; T.C.A., § 53-4311; Acts 1986, ch. 644, §§ 2, 3; 1988, ch. 1013, § 68; 1991, ch. 451, § 87; T.C.A., § 68-31-111; Acts 1995, ch. 266, §§ 1, 2; 1995, ch. 501, § 3; 1997 , ch. 343, § 2; 1998, ch. 587, § 2; 2000, ch. 835, § 5; 2012 , ch. 986, §§ 34-37.
(a) (1) (A) There is created an underground storage tanks and solid waste disposal control board that shall be composed of fourteen (14) members appointed by the governor as follows: (i) One (1) person engaged in a field directly related to agriculture, who may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau; (ii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least ten (10) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for at least fifteen (15) underground storage tanks, who may be appointed from a list of qualified persons submitted by interested wholesale or retail gasoline business groups including, but not limited to, the Tennessee Fuel and Convenience Store Association. Such person shall have demonstrated leadership in the industry by membership and involvement in a trade association representing fuel distributors and convenience store owners; (iii) One (1) person who is employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in permit compliance and management of solid wastes or hazardous waste, who may be appointed from a list of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (iv) One (1) person employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in the management of petroleum underground storage tanks and hazardous materials. This person may be appointed from a list of qualified persons submitted by business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (v) One (1) person who is a registered engineer or geologist or qualified land surveyor with knowledge of management of solid wastes or hazardous materials or the management of underground storage tanks from the faculty of an institution of higher learning, who may be appointed from a list of four (4) persons, two (2) of whom may be nominated by the board of trustees of the University of Tennessee system and two (2) of whom may be nominated by the board of regents of the state university and community college system; (vi) One (1) person with knowledge of management of solid wastes, hazardous materials, or underground storage tanks to represent environmental interests, who may be appointed from a list of qualified persons submitted by environmental groups including, but not limited to, the Tennessee Environmental Council; (vii) One (1) representative of county governments, who may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association; (viii) One (1) representative of municipal governments, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (ix) One (1) person shall be a small generator of solid wastes or hazardous materials, who may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, a list of three (3) persons that shall be submitted by the Tennessee Automotive Association; (x) One (1) person employed by a private petroleum concern with experience in the management of petroleum, who may be appointed from lists of qualified persons submitted by interested petroleum groups including, but not limited to, the Tennessee Petroleum Council; (xi) One (1) person engaged in the business of management of solid wastes or hazardous materials; (xii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least five (5) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for no more than five (5) underground storage tanks; and (xiii) The commissioner of economic and community development or the commissioner's designee, and the commissioner of environment and conservation or the commissioner's designee, who shall be ex officio voting members. (B) The governor shall consult with the interested groups described in subdivision (a)(1)(A) to determine qualified persons to fill the positions on the board. (2) The director of the division of solid and hazardous waste management or the director's designee shall serve as the technical secretary of the board but shall have no vote at board meetings.
(1) (A) There is created an underground storage tanks and solid waste disposal control board that shall be composed of fourteen (14) members appointed by the governor as follows: (i) One (1) person engaged in a field directly related to agriculture, who may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau; (ii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least ten (10) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for at least fifteen (15) underground storage tanks, who may be appointed from a list of qualified persons submitted by interested wholesale or retail gasoline business groups including, but not limited to, the Tennessee Fuel and Convenience Store Association. Such person shall have demonstrated leadership in the industry by membership and involvement in a trade association representing fuel distributors and convenience store owners; (iii) One (1) person who is employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in permit compliance and management of solid wastes or hazardous waste, who may be appointed from a list of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (iv) One (1) person employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in the management of petroleum underground storage tanks and hazardous materials. This person may be appointed from a list of qualified persons submitted by business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (v) One (1) person who is a registered engineer or geologist or qualified land surveyor with knowledge of management of solid wastes or hazardous materials or the management of underground storage tanks from the faculty of an institution of higher learning, who may be appointed from a list of four (4) persons, two (2) of whom may be nominated by the board of trustees of the University of Tennessee system and two (2) of whom may be nominated by the board of regents of the state university and community college system; (vi) One (1) person with knowledge of management of solid wastes, hazardous materials, or underground storage tanks to represent environmental interests, who may be appointed from a list of qualified persons submitted by environmental groups including, but not limited to, the Tennessee Environmental Council; (vii) One (1) representative of county governments, who may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association; (viii) One (1) representative of municipal governments, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (ix) One (1) person shall be a small generator of solid wastes or hazardous materials, who may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, a list of three (3) persons that shall be submitted by the Tennessee Automotive Association; (x) One (1) person employed by a private petroleum concern with experience in the management of petroleum, who may be appointed from lists of qualified persons submitted by interested petroleum groups including, but not limited to, the Tennessee Petroleum Council; (xi) One (1) person engaged in the business of management of solid wastes or hazardous materials; (xii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least five (5) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for no more than five (5) underground storage tanks; and (xiii) The commissioner of economic and community development or the commissioner's designee, and the commissioner of environment and conservation or the commissioner's designee, who shall be ex officio voting members. (B) The governor shall consult with the interested groups described in subdivision (a)(1)(A) to determine qualified persons to fill the positions on the board.
(A) There is created an underground storage tanks and solid waste disposal control board that shall be composed of fourteen (14) members appointed by the governor as follows: (i) One (1) person engaged in a field directly related to agriculture, who may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau; (ii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least ten (10) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for at least fifteen (15) underground storage tanks, who may be appointed from a list of qualified persons submitted by interested wholesale or retail gasoline business groups including, but not limited to, the Tennessee Fuel and Convenience Store Association. Such person shall have demonstrated leadership in the industry by membership and involvement in a trade association representing fuel distributors and convenience store owners; (iii) One (1) person who is employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in permit compliance and management of solid wastes or hazardous waste, who may be appointed from a list of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (iv) One (1) person employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in the management of petroleum underground storage tanks and hazardous materials. This person may be appointed from a list of qualified persons submitted by business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry; (v) One (1) person who is a registered engineer or geologist or qualified land surveyor with knowledge of management of solid wastes or hazardous materials or the management of underground storage tanks from the faculty of an institution of higher learning, who may be appointed from a list of four (4) persons, two (2) of whom may be nominated by the board of trustees of the University of Tennessee system and two (2) of whom may be nominated by the board of regents of the state university and community college system; (vi) One (1) person with knowledge of management of solid wastes, hazardous materials, or underground storage tanks to represent environmental interests, who may be appointed from a list of qualified persons submitted by environmental groups including, but not limited to, the Tennessee Environmental Council; (vii) One (1) representative of county governments, who may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association; (viii) One (1) representative of municipal governments, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (ix) One (1) person shall be a small generator of solid wastes or hazardous materials, who may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, a list of three (3) persons that shall be submitted by the Tennessee Automotive Association; (x) One (1) person employed by a private petroleum concern with experience in the management of petroleum, who may be appointed from lists of qualified persons submitted by interested petroleum groups including, but not limited to, the Tennessee Petroleum Council; (xi) One (1) person engaged in the business of management of solid wastes or hazardous materials; (xii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least five (5) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for no more than five (5) underground storage tanks; and (xiii) The commissioner of economic and community development or the commissioner's designee, and the commissioner of environment and conservation or the commissioner's designee, who shall be ex officio voting members.
(i) One (1) person engaged in a field directly related to agriculture, who may be appointed from lists of qualified persons submitted by interested farm business groups including, but not limited to, the Tennessee Farm Bureau;
(ii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least ten (10) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for at least fifteen (15) underground storage tanks, who may be appointed from a list of qualified persons submitted by interested wholesale or retail gasoline business groups including, but not limited to, the Tennessee Fuel and Convenience Store Association. Such person shall have demonstrated leadership in the industry by membership and involvement in a trade association representing fuel distributors and convenience store owners;
(iii) One (1) person who is employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in permit compliance and management of solid wastes or hazardous waste, who may be appointed from a list of qualified persons submitted by interested business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry;
(iv) One (1) person employed by a private manufacturing concern in Tennessee, who shall have a college degree in engineering or the equivalent and at least eight (8) years of combined technical training and experience in the management of petroleum underground storage tanks and hazardous materials. This person may be appointed from a list of qualified persons submitted by business groups including, but not limited to, the Tennessee Chamber of Commerce and Industry;
(v) One (1) person who is a registered engineer or geologist or qualified land surveyor with knowledge of management of solid wastes or hazardous materials or the management of underground storage tanks from the faculty of an institution of higher learning, who may be appointed from a list of four (4) persons, two (2) of whom may be nominated by the board of trustees of the University of Tennessee system and two (2) of whom may be nominated by the board of regents of the state university and community college system;
(vi) One (1) person with knowledge of management of solid wastes, hazardous materials, or underground storage tanks to represent environmental interests, who may be appointed from a list of qualified persons submitted by environmental groups including, but not limited to, the Tennessee Environmental Council;
(vii) One (1) representative of county governments, who may be appointed from lists of qualified persons submitted by interested county services groups including, but not limited to, the County Services Association;
(viii) One (1) representative of municipal governments, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League;
(ix) One (1) person shall be a small generator of solid wastes or hazardous materials, who may be appointed from lists of qualified persons submitted by interested automotive groups including, but not limited to, a list of three (3) persons that shall be submitted by the Tennessee Automotive Association;
(x) One (1) person employed by a private petroleum concern with experience in the management of petroleum, who may be appointed from lists of qualified persons submitted by interested petroleum groups including, but not limited to, the Tennessee Petroleum Council;
(xi) One (1) person engaged in the business of management of solid wastes or hazardous materials;
(xii) One (1) person who is employed by, or is the owner of, a private petroleum concern, with at least five (5) years of experience owning or operating a wholesale or retail gasoline business with management responsibility for no more than five (5) underground storage tanks; and
(xiii) The commissioner of economic and community development or the commissioner's designee, and the commissioner of environment and conservation or the commissioner's designee, who shall be ex officio voting members.
(B) The governor shall consult with the interested groups described in subdivision (a)(1)(A) to determine qualified persons to fill the positions on the board.
(2) The director of the division of solid and hazardous waste management or the director's designee shall serve as the technical secretary of the board but shall have no vote at board meetings.
(b) In making the initial appointments to the board, three (3) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of three (3) years, and three (3) members shall be appointed for a term of four (4) years. Upon expiration of these terms, members shall be appointed by the governor for a term of four (4) years. Vacancies resulting for reasons other than the expiration of the term shall be filled by the governor for the remainder of the term. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is at least sixty (60) years of age and that at least one (1) person appointed to serve on the board is a member of a racial minority.
(c) (1) All vacancies in appointed positions shall be filled by the original appointing authority to serve the remainder of the unexpired term. (2) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration such board shall report to government operations committees of the senate and the house of representatives why such vacancies have not been filled. (3) If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112 . A board that is terminated pursuant to this subsection (c) shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing the board.
(1) All vacancies in appointed positions shall be filled by the original appointing authority to serve the remainder of the unexpired term.
(2) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration such board shall report to government operations committees of the senate and the house of representatives why such vacancies have not been filled.
(3) If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112 . A board that is terminated pursuant to this subsection (c) shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing the board.
(d) (1) It is the duty of the board to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations which the board deems necessary for the proper administration of this part. Prior to promulgating, adopting, modifying or repealing rules and regulations, the board shall conduct, or cause to be conducted, public hearings in connection therewith. All such acts relative to rules and regulations shall be in accordance with the Uniform Administrative Procedures Act. (2) The board is authorized to promulgate rules and regulations to effectuate the purposes of parts 8 and 9 of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(1) It is the duty of the board to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations which the board deems necessary for the proper administration of this part. Prior to promulgating, adopting, modifying or repealing rules and regulations, the board shall conduct, or cause to be conducted, public hearings in connection therewith. All such acts relative to rules and regulations shall be in accordance with the Uniform Administrative Procedures Act.
(2) The board is authorized to promulgate rules and regulations to effectuate the purposes of parts 8 and 9 of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(e) Notice of any hearing shall be given not less than thirty (30) days before the date of such hearing and shall state the date, time, and place of hearing, and the subject of the hearing. Any person who desires to be heard relative to petroleum underground storage tank or solid waste matters at any such public hearing shall give written notice thereof to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing.
(f) It is the duty of the board to act as a board of appeals as provided in § 68-211-113 and title 68, chapter 215.
(g) (1) The board shall hold at least four (4) regular meetings each calendar year at a place and time to be fixed by the board. The board has the authority of the municipal solid waste advisory committee. The board shall also meet at the request of the commissioner of environment and conservation, the chair of the board, or three (3) members of the board. Eight (8) members shall constitute a quorum, and a quorum may act for the board in all matters. The board shall select a chair from its members annually. The department of environment and conservation shall provide all necessary staff for the board. (2) (A) Any voting member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of any voting member who fails to satisfy the attendance requirement as prescribed in subdivision (g)(2)(A).
(1) The board shall hold at least four (4) regular meetings each calendar year at a place and time to be fixed by the board. The board has the authority of the municipal solid waste advisory committee. The board shall also meet at the request of the commissioner of environment and conservation, the chair of the board, or three (3) members of the board. Eight (8) members shall constitute a quorum, and a quorum may act for the board in all matters. The board shall select a chair from its members annually. The department of environment and conservation shall provide all necessary staff for the board.
(2) (A) Any voting member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board. (B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of any voting member who fails to satisfy the attendance requirement as prescribed in subdivision (g)(2)(A).
(A) Any voting member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year is removed as a member of the board.
(B) The presiding officer of the board shall promptly notify, or cause to be notified, the appointing authority of any voting member who fails to satisfy the attendance requirement as prescribed in subdivision (g)(2)(A).
(h) Each member of the board other than the ex officio members shall be entitled to be paid fifty dollars ($50.00) for each day actually and necessarily employed in the discharge of official duties, and each member shall be entitled to receive the amount of the member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses shall be reimbursed in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(i) No member of the board shall participate in making any decision of a permit or upon a case in which the municipality, firm, or organization which the member represents, or by which the member is employed, or in which the member has a direct substantial financial interest, is involved.
Amended by 2023 Tenn. Acts, ch. 81,s 3, eff. 3/31/2023.
Amended by 2015 Tenn. Acts, ch. 292, Secs.s 13, s 14, s 15 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 292, s 12, eff. 7/1/2016.
Acts 1969, ch. 295, § 11; 1975, ch. 109, § 2; 1980, ch. 899, § 6; 1981, ch. 174, §§ 2-4; T.C.A., § 53-4311; Acts 1986, ch. 644, §§ 2, 3; 1988, ch. 1013, § 68; 1991, ch. 451, § 87; T.C.A., § 68-31-111; Acts 1995, ch. 266, §§ 1, 2; 1995, ch. 501, § 3; 1997 , ch. 343, § 2; 1998, ch. 587, § 2; 2000, ch. 835, § 5; 2012 , ch. 986, §§ 34-37.
Tenn. Code Ann. § 68-211-108 — TN Code / Title 68 / Chapter 211 / Section 68-211-108
Delegation of duties to local health officers
Status: in_force

The commissioner and board are authorized to delegate the duties and responsibilities granted to them by this part to local health officers to the extent deemed necessary by the commissioner and board to implement this part. Acts 1969, ch. 295, § 8; 1980, ch. 899, § 5; T.C.A., §§ 53-4308, 68-31-108.
The commissioner and board are authorized to delegate the duties and responsibilities granted to them by this part to local health officers to the extent deemed necessary by the commissioner and board to implement this part.
Acts 1969, ch. 295, § 8; 1980, ch. 899, § 5; T.C.A., §§ 53-4308, 68-31-108.
Tenn. Code Ann. § 68-221-607 — TN Code / Title 68 / Chapter 221 / Section 68-221-607
Powers of authority
Status: in_force

(a) An authority has all powers necessary to accomplish the purposes of this part (excluding the power to levy and collect taxes) including, but not limited to, the following: (1) Have perpetual succession, sue and be sued, and adopt a corporate seal; (2) Plan, establish, acquire, construct, improve and operate one (1) or more treatment works within or without the creating and participating governmental entities and within this state and within any adjoining state; (3) Acquire real or personal property or any interest therein by gift, lease or purchase, for any of the purposes herein provided; and to sell, lease or otherwise dispose of any such property; (4) Enter into agreements with the creating governmental entity or with participating governmental entities, to acquire by lease, gift, purchase or otherwise, any treatment works, or property related thereto, of such governmental entity and operate such treatment works as a part of its treatment works; or enter into agreements with participating governmental entities providing for the operation by the authority of the treatment works, or any portion thereof, owned by any participating governmental entity; (5) Enter into agreements with the creating governmental entity and participating governmental entities with respect to the manner of transfer of treatment works employees of such governmental entities to the authority, and with respect to the retention by such employees of existing civil service status and accrued pension, disability, hospitalization and death benefits; (6) Enter into, by contract with the creating governmental entity or otherwise, a plan of civil service for employees of the authority; (7) Enter into, by contract with the creating governmental entity or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority; (8) Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of treatment works operated by it, and accept the same; (9) Make studies and recommend to the appropriate commissions and legislative bodies of the creating and participating governmental entities, zoning changes in the area of any treatment works operated by the authority; (10) Have control of its treatment works with the right and duty to establish and charge fees, rates and other charges, as set out herein, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds; (11) Appoint an executive director, and confirm or reject the executive director's appointments of a secretary, a treasurer, an auditor, legal counsel and a chief engineer; prescribe their duties and qualifications; and fix their compensation; (12) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of the creating governmental entity or any participating governmental entity, with the consent of any such governmental entity, and subject to such terms and conditions as may be agreed upon; (13) Enter such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this part, the authority to be liable for actual damage done; (14) Designate an independent certified public accountant firm to do an annual post audit of all books, accounts and records of the authority and issue a public report thereon; (15) Adopt by majority vote of the board the purchasing procedures for utility districts as defined in title 7, chapter 82, part 8; (16) Adopt by majority vote of the board, regulations, including, but not limited to, requirements for the posting of performance bonds and maintenance bonds, governing the operation and maintenance of nontraditional sewage disposal systems. The phrase "nontraditional sewage disposal systems" does not include subsurface sewage disposal systems that are subject to the permitting requirements of part 4 of this chapter, nor to wastewater collection and disposal systems that are owned or operated by a governmental entity. The Water Quality Control Act, compiled in title 69, chapter 3, and regulations adopted thereunder, shall prevail over any such regulations of an authority in the event of a conflict; provided, that the authority may adopt regulations that are more stringent than the Water Quality Control Act and regulations promulgated thereunder, if a copy of such regulations is filed with the department; (17) Promulgate rules for the installation and maintenance of grease interceptors, the regulation of sewer discharges from industrial facilities, and the inspection and maintenance of private or public service laterals; (18) Promulgate rules that impose on a customer base, region, neighborhood, basin, or area an obligation on customers, occupants, or property owners to inspect their own respective service laterals and make necessary repairs. The authority may apply specific requirements on one (1) customer base, region, neighborhood, or basin at a time due to environmental concerns, the need for repairs, internal budgeting, scheduling, and limited resources of the authority necessitating the authority to focus on one (1) area at a time; (19) (A) Promulgate rules that impose penalties for failure to comply with the authority's rules, not to exceed: (i) Five (5) times the fees avoided; or (ii) Three (3) times the cost of cleanup, repair, enforcement, and damages, including costs incurred by the authority to make repairs or perform other work necessitated by the failure of a property owner to fulfill its obligations under applicable laws or the authority's rules. For purposes of this subdivision (a)(19)(A)(ii), a property owner's obligations under applicable laws or the authority's rules includes, but is not limited to, the obligations to maintain service laterals and comply with regulations for controlling fats, oils, and grease; (B) Promulgate rules that authorize shutting off water and sewage usage until a property owner or occupant complies with the authority's rules or pays any penalties imposed by the authority. The authority may impose a penalty against the owner or occupant of a property but shall not impose a penalty against an owner or occupant of property for a violation caused by a previous owner or occupant of the property; and (20) Promulgate any other rules necessary to effectuate the purposes of this part, or to comply with the requirements of rules of the department of environment and conservation, regulations of the United States environmental protection agency, or consent decrees. (b) All personnel employed by the board of commissioners of any water and wastewater authority under this chapter, including, but not limited to, the commissioners themselves, are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the installation of water and wastewater service within the bounds of the district; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed within the bounds of the district as water and wastewater service. (c) Any authority created pursuant to this part may notify the appropriate permitting department when water and wastewater services provided to a business currently permitted pursuant to the Tennessee Retail Food Safety Act, compiled in title 53, chapter 8, or the Tennessee Food Safety Act, compiled in chapter 14, part 7 of this title, are discontinued for a violation of the authority's rules, regulations, or policies. This subsection (c) shall apply to all counties in which an authority has been created as of July 1, 2016. (d) No municipality or county government entity within the service area of a sewer authority created under this title may issue: (1) A building permit or a demolition permit prior to a sewer permit being issued by the sewer authority; or (2) A certificate of occupancy prior to a sewer permit being finalized by the sewer authority. Amended by 2017 Tenn. Acts, ch. 174, Secs.s 1, s 2 eff. 4/24/2017. Amended by 2016 Tenn. Acts, ch. 1050, s 2, eff. 7/1/2016. Acts 1974, ch. 605, § 7; T.C.A., § 53-6007; Acts 1991, ch. 180, § 1; T.C.A., § 68-13-607; Acts 1999, ch. 94, § 1; 2001, ch. 402, § 1; 2007 , ch. 290, § 1.
(a) An authority has all powers necessary to accomplish the purposes of this part (excluding the power to levy and collect taxes) including, but not limited to, the following: (1) Have perpetual succession, sue and be sued, and adopt a corporate seal; (2) Plan, establish, acquire, construct, improve and operate one (1) or more treatment works within or without the creating and participating governmental entities and within this state and within any adjoining state; (3) Acquire real or personal property or any interest therein by gift, lease or purchase, for any of the purposes herein provided; and to sell, lease or otherwise dispose of any such property; (4) Enter into agreements with the creating governmental entity or with participating governmental entities, to acquire by lease, gift, purchase or otherwise, any treatment works, or property related thereto, of such governmental entity and operate such treatment works as a part of its treatment works; or enter into agreements with participating governmental entities providing for the operation by the authority of the treatment works, or any portion thereof, owned by any participating governmental entity; (5) Enter into agreements with the creating governmental entity and participating governmental entities with respect to the manner of transfer of treatment works employees of such governmental entities to the authority, and with respect to the retention by such employees of existing civil service status and accrued pension, disability, hospitalization and death benefits; (6) Enter into, by contract with the creating governmental entity or otherwise, a plan of civil service for employees of the authority; (7) Enter into, by contract with the creating governmental entity or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority; (8) Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of treatment works operated by it, and accept the same; (9) Make studies and recommend to the appropriate commissions and legislative bodies of the creating and participating governmental entities, zoning changes in the area of any treatment works operated by the authority; (10) Have control of its treatment works with the right and duty to establish and charge fees, rates and other charges, as set out herein, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds; (11) Appoint an executive director, and confirm or reject the executive director's appointments of a secretary, a treasurer, an auditor, legal counsel and a chief engineer; prescribe their duties and qualifications; and fix their compensation; (12) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of the creating governmental entity or any participating governmental entity, with the consent of any such governmental entity, and subject to such terms and conditions as may be agreed upon; (13) Enter such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this part, the authority to be liable for actual damage done; (14) Designate an independent certified public accountant firm to do an annual post audit of all books, accounts and records of the authority and issue a public report thereon; (15) Adopt by majority vote of the board the purchasing procedures for utility districts as defined in title 7, chapter 82, part 8; (16) Adopt by majority vote of the board, regulations, including, but not limited to, requirements for the posting of performance bonds and maintenance bonds, governing the operation and maintenance of nontraditional sewage disposal systems. The phrase "nontraditional sewage disposal systems" does not include subsurface sewage disposal systems that are subject to the permitting requirements of part 4 of this chapter, nor to wastewater collection and disposal systems that are owned or operated by a governmental entity. The Water Quality Control Act, compiled in title 69, chapter 3, and regulations adopted thereunder, shall prevail over any such regulations of an authority in the event of a conflict; provided, that the authority may adopt regulations that are more stringent than the Water Quality Control Act and regulations promulgated thereunder, if a copy of such regulations is filed with the department; (17) Promulgate rules for the installation and maintenance of grease interceptors, the regulation of sewer discharges from industrial facilities, and the inspection and maintenance of private or public service laterals; (18) Promulgate rules that impose on a customer base, region, neighborhood, basin, or area an obligation on customers, occupants, or property owners to inspect their own respective service laterals and make necessary repairs. The authority may apply specific requirements on one (1) customer base, region, neighborhood, or basin at a time due to environmental concerns, the need for repairs, internal budgeting, scheduling, and limited resources of the authority necessitating the authority to focus on one (1) area at a time; (19) (A) Promulgate rules that impose penalties for failure to comply with the authority's rules, not to exceed: (i) Five (5) times the fees avoided; or (ii) Three (3) times the cost of cleanup, repair, enforcement, and damages, including costs incurred by the authority to make repairs or perform other work necessitated by the failure of a property owner to fulfill its obligations under applicable laws or the authority's rules. For purposes of this subdivision (a)(19)(A)(ii), a property owner's obligations under applicable laws or the authority's rules includes, but is not limited to, the obligations to maintain service laterals and comply with regulations for controlling fats, oils, and grease; (B) Promulgate rules that authorize shutting off water and sewage usage until a property owner or occupant complies with the authority's rules or pays any penalties imposed by the authority. The authority may impose a penalty against the owner or occupant of a property but shall not impose a penalty against an owner or occupant of property for a violation caused by a previous owner or occupant of the property; and (20) Promulgate any other rules necessary to effectuate the purposes of this part, or to comply with the requirements of rules of the department of environment and conservation, regulations of the United States environmental protection agency, or consent decrees.
(1) Have perpetual succession, sue and be sued, and adopt a corporate seal;
(2) Plan, establish, acquire, construct, improve and operate one (1) or more treatment works within or without the creating and participating governmental entities and within this state and within any adjoining state;
(3) Acquire real or personal property or any interest therein by gift, lease or purchase, for any of the purposes herein provided; and to sell, lease or otherwise dispose of any such property;
(4) Enter into agreements with the creating governmental entity or with participating governmental entities, to acquire by lease, gift, purchase or otherwise, any treatment works, or property related thereto, of such governmental entity and operate such treatment works as a part of its treatment works; or enter into agreements with participating governmental entities providing for the operation by the authority of the treatment works, or any portion thereof, owned by any participating governmental entity;
(5) Enter into agreements with the creating governmental entity and participating governmental entities with respect to the manner of transfer of treatment works employees of such governmental entities to the authority, and with respect to the retention by such employees of existing civil service status and accrued pension, disability, hospitalization and death benefits;
(6) Enter into, by contract with the creating governmental entity or otherwise, a plan of civil service for employees of the authority;
(7) Enter into, by contract with the creating governmental entity or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority;
(8) Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of treatment works operated by it, and accept the same;
(9) Make studies and recommend to the appropriate commissions and legislative bodies of the creating and participating governmental entities, zoning changes in the area of any treatment works operated by the authority;
(10) Have control of its treatment works with the right and duty to establish and charge fees, rates and other charges, as set out herein, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds;
(11) Appoint an executive director, and confirm or reject the executive director's appointments of a secretary, a treasurer, an auditor, legal counsel and a chief engineer; prescribe their duties and qualifications; and fix their compensation;
(12) Use in the performance of its functions the officers, agents, employees, services, property, facilities, records, equipment, rights and powers of the creating governmental entity or any participating governmental entity, with the consent of any such governmental entity, and subject to such terms and conditions as may be agreed upon;
(13) Enter such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this part, the authority to be liable for actual damage done;
(14) Designate an independent certified public accountant firm to do an annual post audit of all books, accounts and records of the authority and issue a public report thereon;
(15) Adopt by majority vote of the board the purchasing procedures for utility districts as defined in title 7, chapter 82, part 8;
(16) Adopt by majority vote of the board, regulations, including, but not limited to, requirements for the posting of performance bonds and maintenance bonds, governing the operation and maintenance of nontraditional sewage disposal systems. The phrase "nontraditional sewage disposal systems" does not include subsurface sewage disposal systems that are subject to the permitting requirements of part 4 of this chapter, nor to wastewater collection and disposal systems that are owned or operated by a governmental entity. The Water Quality Control Act, compiled in title 69, chapter 3, and regulations adopted thereunder, shall prevail over any such regulations of an authority in the event of a conflict; provided, that the authority may adopt regulations that are more stringent than the Water Quality Control Act and regulations promulgated thereunder, if a copy of such regulations is filed with the department;
(17) Promulgate rules for the installation and maintenance of grease interceptors, the regulation of sewer discharges from industrial facilities, and the inspection and maintenance of private or public service laterals;
(18) Promulgate rules that impose on a customer base, region, neighborhood, basin, or area an obligation on customers, occupants, or property owners to inspect their own respective service laterals and make necessary repairs. The authority may apply specific requirements on one (1) customer base, region, neighborhood, or basin at a time due to environmental concerns, the need for repairs, internal budgeting, scheduling, and limited resources of the authority necessitating the authority to focus on one (1) area at a time;
(19) (A) Promulgate rules that impose penalties for failure to comply with the authority's rules, not to exceed: (i) Five (5) times the fees avoided; or (ii) Three (3) times the cost of cleanup, repair, enforcement, and damages, including costs incurred by the authority to make repairs or perform other work necessitated by the failure of a property owner to fulfill its obligations under applicable laws or the authority's rules. For purposes of this subdivision (a)(19)(A)(ii), a property owner's obligations under applicable laws or the authority's rules includes, but is not limited to, the obligations to maintain service laterals and comply with regulations for controlling fats, oils, and grease; (B) Promulgate rules that authorize shutting off water and sewage usage until a property owner or occupant complies with the authority's rules or pays any penalties imposed by the authority. The authority may impose a penalty against the owner or occupant of a property but shall not impose a penalty against an owner or occupant of property for a violation caused by a previous owner or occupant of the property; and
(A) Promulgate rules that impose penalties for failure to comply with the authority's rules, not to exceed: (i) Five (5) times the fees avoided; or (ii) Three (3) times the cost of cleanup, repair, enforcement, and damages, including costs incurred by the authority to make repairs or perform other work necessitated by the failure of a property owner to fulfill its obligations under applicable laws or the authority's rules. For purposes of this subdivision (a)(19)(A)(ii), a property owner's obligations under applicable laws or the authority's rules includes, but is not limited to, the obligations to maintain service laterals and comply with regulations for controlling fats, oils, and grease;
(i) Five (5) times the fees avoided; or
(ii) Three (3) times the cost of cleanup, repair, enforcement, and damages, including costs incurred by the authority to make repairs or perform other work necessitated by the failure of a property owner to fulfill its obligations under applicable laws or the authority's rules. For purposes of this subdivision (a)(19)(A)(ii), a property owner's obligations under applicable laws or the authority's rules includes, but is not limited to, the obligations to maintain service laterals and comply with regulations for controlling fats, oils, and grease;
(B) Promulgate rules that authorize shutting off water and sewage usage until a property owner or occupant complies with the authority's rules or pays any penalties imposed by the authority. The authority may impose a penalty against the owner or occupant of a property but shall not impose a penalty against an owner or occupant of property for a violation caused by a previous owner or occupant of the property; and
(20) Promulgate any other rules necessary to effectuate the purposes of this part, or to comply with the requirements of rules of the department of environment and conservation, regulations of the United States environmental protection agency, or consent decrees.
(b) All personnel employed by the board of commissioners of any water and wastewater authority under this chapter, including, but not limited to, the commissioners themselves, are prohibited from receiving any money or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the installation of water and wastewater service within the bounds of the district; and further, those persons are also prohibited from receiving any moneys or other goods or services of value of any sort as a result of any agreement, contractual or otherwise, for the sale of any materials to be installed within the bounds of the district as water and wastewater service.
(c) Any authority created pursuant to this part may notify the appropriate permitting department when water and wastewater services provided to a business currently permitted pursuant to the Tennessee Retail Food Safety Act, compiled in title 53, chapter 8, or the Tennessee Food Safety Act, compiled in chapter 14, part 7 of this title, are discontinued for a violation of the authority's rules, regulations, or policies. This subsection (c) shall apply to all counties in which an authority has been created as of July 1, 2016.
(d) No municipality or county government entity within the service area of a sewer authority created under this title may issue: (1) A building permit or a demolition permit prior to a sewer permit being issued by the sewer authority; or (2) A certificate of occupancy prior to a sewer permit being finalized by the sewer authority.
(1) A building permit or a demolition permit prior to a sewer permit being issued by the sewer authority; or
(2) A certificate of occupancy prior to a sewer permit being finalized by the sewer authority.
Amended by 2017 Tenn. Acts, ch. 174, Secs.s 1, s 2 eff. 4/24/2017.
Amended by 2016 Tenn. Acts, ch. 1050, s 2, eff. 7/1/2016.
Acts 1974, ch. 605, § 7; T.C.A., § 53-6007; Acts 1991, ch. 180, § 1; T.C.A., § 68-13-607; Acts 1999, ch. 94, § 1; 2001, ch. 402, § 1; 2007 , ch. 290, § 1.
Tenn. Code Ann. § 68-212-215 — TN Code / Title 68 / Chapter 212 / Section 68-212-215
Enforcement
Status: in_force

(a) The commissioner shall exercise general supervision over the administration and enforcement of this part. (b) The commissioner is authorized in administering this part, to utilize enumerated powers in chapter 211 of this title and part 1 of this chapter, to investigate, identify, and provide for reasonable and safe containment and clean up, including monitoring and maintenance, of inactive hazardous substance sites. (c) If any provision of this part is not being carried out, or if effective measures are not being taken to comply with this part, the commissioner may issue an order for correction to the appropriate person, and this order shall be complied with within the time limit specified in the order. Such order shall be made by personal service or shall be sent by registered mail. Additionally, an order requiring the filing of land use restrictions, issued pursuant to § 68-212-225 , may be constructively served on unidentified or unknown owners by publication of a notice of the order in a newspaper in general circulation in the county in which the property subject to the order is located. (d) Any person against whom an order is issued may secure a review in accordance with § 68-212-113 and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Any person failing, neglecting, or refusing to comply with any order of the commissioner or the board shall be subject to the civil and criminal penalties provided in § 68-212-213 . (e) In addition to any other enumerated powers in chapter 211 of this title and part 1 of this chapter, the board is empowered to adopt and enforce rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part, to hear appeals as provided in § 68-212-113 from orders or assessments issued by the commissioner pursuant to this part, and to issue orders for enforcement of this part. (f) (1) Whenever any order or assessment under this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of the chancery court of Davidson County. (2) When filed in accordance with subdivision (f)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited therein. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6. (3) (A) A judgment under subdivision (f)(2) shall become final on the date of entry, if the final order or assessment resulting in the judgment is from the board. (B) If the final order or assessment resulting in the judgment under subdivision (f)(2) is from the commissioner, within forty-five (45) days after entry of the judgment, any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry. (4) A final judgment under this subsection (f) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state. Amended by 2015 Tenn. Acts, ch. 292, s 11, eff. 7/1/2015. Acts 1983, ch. 423, § 15; 1988, ch. 559, § 6; 1989, ch. 321, § 8; T.C.A., § 68-46-215; Acts 2007 , ch. 362, §§ 26, 27.
(a) The commissioner shall exercise general supervision over the administration and enforcement of this part.
(b) The commissioner is authorized in administering this part, to utilize enumerated powers in chapter 211 of this title and part 1 of this chapter, to investigate, identify, and provide for reasonable and safe containment and clean up, including monitoring and maintenance, of inactive hazardous substance sites.
(c) If any provision of this part is not being carried out, or if effective measures are not being taken to comply with this part, the commissioner may issue an order for correction to the appropriate person, and this order shall be complied with within the time limit specified in the order. Such order shall be made by personal service or shall be sent by registered mail. Additionally, an order requiring the filing of land use restrictions, issued pursuant to § 68-212-225 , may be constructively served on unidentified or unknown owners by publication of a notice of the order in a newspaper in general circulation in the county in which the property subject to the order is located.
(d) Any person against whom an order is issued may secure a review in accordance with § 68-212-113 and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Any person failing, neglecting, or refusing to comply with any order of the commissioner or the board shall be subject to the civil and criminal penalties provided in § 68-212-213 .
(e) In addition to any other enumerated powers in chapter 211 of this title and part 1 of this chapter, the board is empowered to adopt and enforce rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part, to hear appeals as provided in § 68-212-113 from orders or assessments issued by the commissioner pursuant to this part, and to issue orders for enforcement of this part.
(f) (1) Whenever any order or assessment under this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of the chancery court of Davidson County. (2) When filed in accordance with subdivision (f)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited therein. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6. (3) (A) A judgment under subdivision (f)(2) shall become final on the date of entry, if the final order or assessment resulting in the judgment is from the board. (B) If the final order or assessment resulting in the judgment under subdivision (f)(2) is from the commissioner, within forty-five (45) days after entry of the judgment, any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry. (4) A final judgment under this subsection (f) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.
(1) Whenever any order or assessment under this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of the chancery court of Davidson County.
(2) When filed in accordance with subdivision (f)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited therein. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6.
(3) (A) A judgment under subdivision (f)(2) shall become final on the date of entry, if the final order or assessment resulting in the judgment is from the board. (B) If the final order or assessment resulting in the judgment under subdivision (f)(2) is from the commissioner, within forty-five (45) days after entry of the judgment, any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry.
(A) A judgment under subdivision (f)(2) shall become final on the date of entry, if the final order or assessment resulting in the judgment is from the board.
(B) If the final order or assessment resulting in the judgment under subdivision (f)(2) is from the commissioner, within forty-five (45) days after entry of the judgment, any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322 . If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry.
(4) A final judgment under this subsection (f) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.
Amended by 2015 Tenn. Acts, ch. 292, s 11, eff. 7/1/2015.
Acts 1983, ch. 423, § 15; 1988, ch. 559, § 6; 1989, ch. 321, § 8; T.C.A., § 68-46-215; Acts 2007 , ch. 362, §§ 26, 27.
Tenn. Code Ann. § 68-221-419 — TN Code / Title 68 / Chapter 221 / Section 68-221-419
Requirements for the installation and operation of advanced treatment systems (ATS)
Status: in_force

(a) Any water and wastewater treatment authority that is created by a county legislative body pursuant to part 6 of this chapter, subject to approval by the county legislative body, may enact a regulation that creates requirements for the installation and operation of advanced treatment systems (ATS) and the structures served by ATSs within the county; provided, that: (1) The requirements are equal to or more stringent than the requirements imposed on the systems or structures by the department of environment and conservation pursuant to this part or title 69, chapter 3, part 1; (2) A copy of the regulation is filed with the department prior to its effective date; (3) Any modifications to the regulation requested by the department at any time are promptly adopted; and (4) Enforcement of the regulation shall be the responsibility of the county legislative body and shall not be the responsibility of the department. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than nor more than 62,900 63,000 71,100 71,200 105,800 105,900 Acts 2006, ch. 669, §§ 1, 2.
(a) Any water and wastewater treatment authority that is created by a county legislative body pursuant to part 6 of this chapter, subject to approval by the county legislative body, may enact a regulation that creates requirements for the installation and operation of advanced treatment systems (ATS) and the structures served by ATSs within the county; provided, that: (1) The requirements are equal to or more stringent than the requirements imposed on the systems or structures by the department of environment and conservation pursuant to this part or title 69, chapter 3, part 1; (2) A copy of the regulation is filed with the department prior to its effective date; (3) Any modifications to the regulation requested by the department at any time are promptly adopted; and (4) Enforcement of the regulation shall be the responsibility of the county legislative body and shall not be the responsibility of the department.
(1) The requirements are equal to or more stringent than the requirements imposed on the systems or structures by the department of environment and conservation pursuant to this part or title 69, chapter 3, part 1;
(2) A copy of the regulation is filed with the department prior to its effective date;
(3) Any modifications to the regulation requested by the department at any time are promptly adopted; and
(4) Enforcement of the regulation shall be the responsibility of the county legislative body and shall not be the responsibility of the department.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than nor more than 62,900 63,000 71,100 71,200 105,800 105,900
not less than nor more than 62,900 63,000 71,100 71,200 105,800 105,900
not less than
nor more than
62,900
63,000
71,100
71,200
105,800
105,900
Acts 2006, ch. 669, §§ 1, 2.
Tenn. Code Ann. § 68-215-204 — TN Code / Title 68 / Chapter 215 / Section 68-215-204
"Participation in the management" defined
Status: in_force

(a) "Participating in the management" means that the holder is engaging in decision-making control of, or activities related to, the operation of petroleum underground storage tank or UST system as defined in § 68-215-201 . (b) Actions that are "participation in management": (1) Participation in the management of a petroleum site or petroleum underground storage tank or UST system means, for purposes of this part, actual participation by the holder in the management or control of decision making related to the operation of a petroleum underground storage tank or UST system. "Participation in management" does not include the mere capacity or ability to influence or the unexercised right to control a petroleum site or petroleum underground storage tank or UST system operation. A holder is participating in the management of petroleum underground storage tank or UST system only if the holder either: (A) Exercises decision-making control over the operational (as opposed to financial or administrative) aspects of petroleum underground storage tank or UST system, such that the holder has undertaken responsibility for all or substantially all of the management of petroleum underground storage tank or UST system; or (B) Exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the enterprise with respect to all, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise; and (2) Operational aspects of the enterprise relate to the use, storage, filling or dispensing of petroleum contained in a petroleum underground storage tank or UST system, and include functions such as that of a facility or plant manager, operations manager, chief operating officer or chief executive officer. Financial or administrative aspects include functions such as that of a credit manager, accounts payable/receivable manager, personnel manager, controller, chief financial officer or similar functions. Operational aspects of the enterprise do not include the financial or administrative aspects of the enterprise, or actions associated with environmental compliance, or actions undertaken voluntarily to protect the environment in accordance with applicable petroleum underground storage tank requirements. (c) Actions that are not participation in management pre-foreclosure: (1) Actions at the inception of the loan or other transaction. No act or omission prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management within the meaning of this part. A prospective holder who undertakes or requires an environmental investigation (which could include a site assessment, inspection and/or audit) of petroleum underground storage tank or UST system or petroleum site (in which indicia of ownership are to be held), or requires a prospective borrower to clean up contamination from a petroleum underground storage tank or UST system or to comply or come into compliance (whether prior or subsequent to the time that indicia of ownership are held primarily to protect a security interest) with any applicable law or regulation, is not by such action considered to be participating in the management of petroleum underground storage tank or UST system or petroleum site; (2) Loan policing and work out. Actions that are consistent with holding ownership indicia primarily to protect a security interest do not constitute participation in management for purposes of this part. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental and other warranties, covenants, conditions, representations or promises from the borrower. Loan policing and work out activities cover and include all such activities up to foreclosure, exclusive of any activities that constitute participation in management; (A) Policing the security interest or loan. (i) A holder who engages in policing activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of petroleum underground storage tank or UST system. Such policing actions include, but are not limited to, requiring the borrower to clean up contamination from petroleum underground storage tank or UST system during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state and local environmental, and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the petroleum underground storage tank or UST system or petroleum site (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial condition during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower); (ii) Policing activities also include undertaking by the holder of UST environmental compliance actions and voluntary environmental actions taken in compliance with applicable petroleum underground storage tank requirements; provided, that the holder does not otherwise participate in the management or daily operation of the petroleum underground storage tank or UST system as provided in this section and § 68-215-203 . Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action, temporary or permanent closure of a petroleum site or petroleum underground storage tank or UST system, petroleum underground storage tank upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable petroleum underground storage tank requirements. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such actions considered to be participating in the management of the petroleum underground storage tank or UST system; (B) Loan work out. A holder who engages in work out activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of the petroleum underground storage tank or UST system. For purposes of this part, "work out" refers to those actions by which a holder, at any time prior to foreclosure, seeks to prevent, cure or mitigate a default by the borrower or obligor; or to preserve or prevent the diminution of the value of the security. "Work out" activities include, but are not limited to, restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower. (d) Foreclosure on a petroleum underground storage tank or UST system or a petroleum site, and participation in management activities post-foreclosure. (1) Foreclosure. (A) Indicia of ownership that are held primarily to protect a security interest include legal or equitable title or deed to real or personal property acquired through or incident to foreclosure. The indicia of ownership held after foreclosure continue to be maintained primarily as protection for a security interest; provided, that the holder undertakes to sell, re-lease a petroleum site or petroleum underground storage tank or UST system or petroleum site, held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or otherwise divest itself of the petroleum underground storage tank or UST system or petroleum site, in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the petroleum underground storage tank or UST system or petroleum site, taking all facts and circumstances into consideration; provided, that the holder does not participate in management prior to or after foreclosure. (B) For purposes of establishing that a holder is seeking to sell, re-lease pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or divest in a reasonably expeditious manner a petroleum underground storage tank or UST system or petroleum site, the holder may use whatever commercially reasonable means as are relevant or appropriate with respect to the petroleum underground storage tank or UST system or petroleum site, or may employ the means specified in this section. A holder that outbids, rejects or fails to act upon a written bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, as provided in this section, is not considered to hold indicia of ownership primarily to protect a security interest; (2) Holding foreclosed property for disposition and liquidation. A holder, who does not participate in management prior to or after foreclosure, may sell, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), a petroleum underground storage tank or UST system or petroleum site, liquidate, wind up operations, and take measures, prior to sale or other disposition including, but not limited to, apply to, and take full advantage of the petroleum underground storage tank fund to preserve, protect or prepare the secured petroleum underground storage tank or UST system or petroleum site. A holder will only be eligible for reimbursement from the petroleum underground storage tank fund if the release would have been fund-eligible under applicable requirements had there been no foreclosure. A holder may also arrange for an existing or new operator to continue or initiate operation of the petroleum underground storage tank or UST system. The holder may conduct these activities without voiding the security interest exemption, subject to the requirements of this part: (A) A holder establishes that the ownership indicia maintained after foreclosure continue to be held primarily to protect a security interest by, within twelve (12) months following foreclosure or its equivalent, listing the petroleum underground storage tank or UST system or petroleum site, with a broker, dealer or agent who deals with the type of property in question, or by advertising the petroleum underground storage tank or UST system or petroleum site, as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the petroleum underground storage tank or UST system or petroleum site, or a newspaper of general circulation (defined as one suitable under any applicable federal, state or local rules of court for publication required by court order or rules of civil procedure) covering the location of the petroleum underground storage tank or UST system or petroleum site. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occurs, and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the twelve-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses; (B) (i) A holder that outbids, rejects or fails to act upon an offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, establishes by such outbidding, rejection or failure to act, that the ownership indicia in the secured petroleum underground storage tank or UST system or petroleum site are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or state law, to make a higher bid, to obtain a higher offer or to seek or obtain an offer in a different manner; (ii) "Fair consideration," in the case of a holder maintaining indicia of ownership primarily to protect a senior security interest in the petroleum underground storage tank or UST system or petroleum site, is the value of the security interest as defined in this section. The value of the security interest includes all debt and costs incurred by the security interest holder, and is calculated as an amount equal to or in excess of the sum of the outstanding principal (or comparable amount in the case of a lease that constitutes a security interest) owed to the holder immediately preceding the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure, plus any unpaid interest, rent or penalties (whether arising before or after foreclosure). The value of the security interest also includes all reasonable and necessary costs, fees or other charges incurred by the holder incident to work out, foreclosure, retention, preserving, protecting and preparing, prior to sale, the petroleum underground storage tank or UST system or petroleum site, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), of a petroleum underground storage tank or UST system or petroleum site, or other disposition. The value of the security interest also includes environmental investigation costs (which could include a site assessment, inspection and/or audit of the petroleum underground storage tank or UST system or petroleum site), and corrective action costs incurred under applicable petroleum underground storage tank requirements or any other costs incurred as a result of reasonable efforts to comply with any other applicable federal, state or local law or regulation; less any amounts received by the holder in connection with any partial disposition of the property and any amounts paid by the borrower (if not already applied to the borrower's obligations) subsequent to the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure. In the case of a holder maintaining indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests, plus the value of the security interest held by the junior holder, each calculated as set forth in this section; (iii) "Outbids, rejects, or fails to act upon an offer of fair consideration" means that the holder outbids, rejects or fails to act upon, within ninety (90) days of receipt, a written, bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site received at any time after six (6) months following foreclosure, as defined in this part. "Written, bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed petroleum underground storage tank or UST system or petroleum site, including all material terms of the transaction, from a ready, willing and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For purposes of this provision, the six-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occur and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the six-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses; and (3) Actions that are not participation in management post-foreclosure. A holder is not considered to be participating in the management of a petroleum underground storage tank or UST system or petroleum site when undertaking action to comply with petroleum underground storage tank requirements; provided, that the holder does not otherwise participate in the management or daily operation of the petroleum underground storage tank or UST system as provided in this part. Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action (through use of petroleum underground storage tank fund for an eligible release or other means), temporary or permanent closure of a petroleum underground storage tank or UST system, UST upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable petroleum underground storage tank requirements. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such action considered to be participating in the management of the petroleum underground storage tank or UST system. Acts 1996, ch. 733, § 5.
(a) "Participating in the management" means that the holder is engaging in decision-making control of, or activities related to, the operation of petroleum underground storage tank or UST system as defined in § 68-215-201 .
(b) Actions that are "participation in management": (1) Participation in the management of a petroleum site or petroleum underground storage tank or UST system means, for purposes of this part, actual participation by the holder in the management or control of decision making related to the operation of a petroleum underground storage tank or UST system. "Participation in management" does not include the mere capacity or ability to influence or the unexercised right to control a petroleum site or petroleum underground storage tank or UST system operation. A holder is participating in the management of petroleum underground storage tank or UST system only if the holder either: (A) Exercises decision-making control over the operational (as opposed to financial or administrative) aspects of petroleum underground storage tank or UST system, such that the holder has undertaken responsibility for all or substantially all of the management of petroleum underground storage tank or UST system; or (B) Exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the enterprise with respect to all, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise; and (2) Operational aspects of the enterprise relate to the use, storage, filling or dispensing of petroleum contained in a petroleum underground storage tank or UST system, and include functions such as that of a facility or plant manager, operations manager, chief operating officer or chief executive officer. Financial or administrative aspects include functions such as that of a credit manager, accounts payable/receivable manager, personnel manager, controller, chief financial officer or similar functions. Operational aspects of the enterprise do not include the financial or administrative aspects of the enterprise, or actions associated with environmental compliance, or actions undertaken voluntarily to protect the environment in accordance with applicable petroleum underground storage tank requirements.
(1) Participation in the management of a petroleum site or petroleum underground storage tank or UST system means, for purposes of this part, actual participation by the holder in the management or control of decision making related to the operation of a petroleum underground storage tank or UST system. "Participation in management" does not include the mere capacity or ability to influence or the unexercised right to control a petroleum site or petroleum underground storage tank or UST system operation. A holder is participating in the management of petroleum underground storage tank or UST system only if the holder either: (A) Exercises decision-making control over the operational (as opposed to financial or administrative) aspects of petroleum underground storage tank or UST system, such that the holder has undertaken responsibility for all or substantially all of the management of petroleum underground storage tank or UST system; or (B) Exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the enterprise with respect to all, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise; and
(A) Exercises decision-making control over the operational (as opposed to financial or administrative) aspects of petroleum underground storage tank or UST system, such that the holder has undertaken responsibility for all or substantially all of the management of petroleum underground storage tank or UST system; or
(B) Exercises control at a level comparable to that of a manager of the borrower's enterprise, such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the enterprise with respect to all, or substantially all, of the operational (as opposed to financial or administrative) aspects of the enterprise; and
(2) Operational aspects of the enterprise relate to the use, storage, filling or dispensing of petroleum contained in a petroleum underground storage tank or UST system, and include functions such as that of a facility or plant manager, operations manager, chief operating officer or chief executive officer. Financial or administrative aspects include functions such as that of a credit manager, accounts payable/receivable manager, personnel manager, controller, chief financial officer or similar functions. Operational aspects of the enterprise do not include the financial or administrative aspects of the enterprise, or actions associated with environmental compliance, or actions undertaken voluntarily to protect the environment in accordance with applicable petroleum underground storage tank requirements.
(c) Actions that are not participation in management pre-foreclosure: (1) Actions at the inception of the loan or other transaction. No act or omission prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management within the meaning of this part. A prospective holder who undertakes or requires an environmental investigation (which could include a site assessment, inspection and/or audit) of petroleum underground storage tank or UST system or petroleum site (in which indicia of ownership are to be held), or requires a prospective borrower to clean up contamination from a petroleum underground storage tank or UST system or to comply or come into compliance (whether prior or subsequent to the time that indicia of ownership are held primarily to protect a security interest) with any applicable law or regulation, is not by such action considered to be participating in the management of petroleum underground storage tank or UST system or petroleum site; (2) Loan policing and work out. Actions that are consistent with holding ownership indicia primarily to protect a security interest do not constitute participation in management for purposes of this part. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental and other warranties, covenants, conditions, representations or promises from the borrower. Loan policing and work out activities cover and include all such activities up to foreclosure, exclusive of any activities that constitute participation in management; (A) Policing the security interest or loan. (i) A holder who engages in policing activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of petroleum underground storage tank or UST system. Such policing actions include, but are not limited to, requiring the borrower to clean up contamination from petroleum underground storage tank or UST system during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state and local environmental, and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the petroleum underground storage tank or UST system or petroleum site (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial condition during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower); (ii) Policing activities also include undertaking by the holder of UST environmental compliance actions and voluntary environmental actions taken in compliance with applicable petroleum underground storage tank requirements; provided, that the holder does not otherwise participate in the management or daily operation of the petroleum underground storage tank or UST system as provided in this section and § 68-215-203 . Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action, temporary or permanent closure of a petroleum site or petroleum underground storage tank or UST system, petroleum underground storage tank upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable petroleum underground storage tank requirements. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such actions considered to be participating in the management of the petroleum underground storage tank or UST system; (B) Loan work out. A holder who engages in work out activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of the petroleum underground storage tank or UST system. For purposes of this part, "work out" refers to those actions by which a holder, at any time prior to foreclosure, seeks to prevent, cure or mitigate a default by the borrower or obligor; or to preserve or prevent the diminution of the value of the security. "Work out" activities include, but are not limited to, restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower.
(1) Actions at the inception of the loan or other transaction. No act or omission prior to the time that indicia of ownership are held primarily to protect a security interest constitutes evidence of participation in management within the meaning of this part. A prospective holder who undertakes or requires an environmental investigation (which could include a site assessment, inspection and/or audit) of petroleum underground storage tank or UST system or petroleum site (in which indicia of ownership are to be held), or requires a prospective borrower to clean up contamination from a petroleum underground storage tank or UST system or to comply or come into compliance (whether prior or subsequent to the time that indicia of ownership are held primarily to protect a security interest) with any applicable law or regulation, is not by such action considered to be participating in the management of petroleum underground storage tank or UST system or petroleum site;
(2) Loan policing and work out. Actions that are consistent with holding ownership indicia primarily to protect a security interest do not constitute participation in management for purposes of this part. The authority for the holder to take such actions may, but need not, be contained in contractual or other documents specifying requirements for financial, environmental and other warranties, covenants, conditions, representations or promises from the borrower. Loan policing and work out activities cover and include all such activities up to foreclosure, exclusive of any activities that constitute participation in management; (A) Policing the security interest or loan. (i) A holder who engages in policing activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of petroleum underground storage tank or UST system. Such policing actions include, but are not limited to, requiring the borrower to clean up contamination from petroleum underground storage tank or UST system during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state and local environmental, and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the petroleum underground storage tank or UST system or petroleum site (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial condition during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower); (ii) Policing activities also include undertaking by the holder of UST environmental compliance actions and voluntary environmental actions taken in compliance with applicable petroleum underground storage tank requirements; provided, that the holder does not otherwise participate in the management or daily operation of the petroleum underground storage tank or UST system as provided in this section and § 68-215-203 . Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action, temporary or permanent closure of a petroleum site or petroleum underground storage tank or UST system, petroleum underground storage tank upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable petroleum underground storage tank requirements. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such actions considered to be participating in the management of the petroleum underground storage tank or UST system; (B) Loan work out. A holder who engages in work out activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of the petroleum underground storage tank or UST system. For purposes of this part, "work out" refers to those actions by which a holder, at any time prior to foreclosure, seeks to prevent, cure or mitigate a default by the borrower or obligor; or to preserve or prevent the diminution of the value of the security. "Work out" activities include, but are not limited to, restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower.
(A) Policing the security interest or loan. (i) A holder who engages in policing activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of petroleum underground storage tank or UST system. Such policing actions include, but are not limited to, requiring the borrower to clean up contamination from petroleum underground storage tank or UST system during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state and local environmental, and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the petroleum underground storage tank or UST system or petroleum site (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial condition during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower); (ii) Policing activities also include undertaking by the holder of UST environmental compliance actions and voluntary environmental actions taken in compliance with applicable petroleum underground storage tank requirements; provided, that the holder does not otherwise participate in the management or daily operation of the petroleum underground storage tank or UST system as provided in this section and § 68-215-203 . Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action, temporary or permanent closure of a petroleum site or petroleum underground storage tank or UST system, petroleum underground storage tank upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable petroleum underground storage tank requirements. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such actions considered to be participating in the management of the petroleum underground storage tank or UST system;
(i) A holder who engages in policing activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of petroleum underground storage tank or UST system. Such policing actions include, but are not limited to, requiring the borrower to clean up contamination from petroleum underground storage tank or UST system during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state and local environmental, and other laws, rules and regulations during the term of the security interest; securing or exercising authority to monitor or inspect the petroleum underground storage tank or UST system or petroleum site (including on-site inspections) in which indicia of ownership are maintained, or the borrower's business or financial condition during the term of the security interest; or taking other actions to adequately police the loan or security interest (such as requiring a borrower to comply with any warranties, covenants, conditions, representations or promises from the borrower);
(ii) Policing activities also include undertaking by the holder of UST environmental compliance actions and voluntary environmental actions taken in compliance with applicable petroleum underground storage tank requirements; provided, that the holder does not otherwise participate in the management or daily operation of the petroleum underground storage tank or UST system as provided in this section and § 68-215-203 . Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action, temporary or permanent closure of a petroleum site or petroleum underground storage tank or UST system, petroleum underground storage tank upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable petroleum underground storage tank requirements. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such actions considered to be participating in the management of the petroleum underground storage tank or UST system;
(B) Loan work out. A holder who engages in work out activities prior to foreclosure will remain within the exemption; provided, that the holder does not, together with other actions, participate in the management of the petroleum underground storage tank or UST system. For purposes of this part, "work out" refers to those actions by which a holder, at any time prior to foreclosure, seeks to prevent, cure or mitigate a default by the borrower or obligor; or to preserve or prevent the diminution of the value of the security. "Work out" activities include, but are not limited to, restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owing to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to an obligor; providing specific or general financial or other advice, suggestions, counseling or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations or promises from the borrower.
(d) Foreclosure on a petroleum underground storage tank or UST system or a petroleum site, and participation in management activities post-foreclosure. (1) Foreclosure. (A) Indicia of ownership that are held primarily to protect a security interest include legal or equitable title or deed to real or personal property acquired through or incident to foreclosure. The indicia of ownership held after foreclosure continue to be maintained primarily as protection for a security interest; provided, that the holder undertakes to sell, re-lease a petroleum site or petroleum underground storage tank or UST system or petroleum site, held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or otherwise divest itself of the petroleum underground storage tank or UST system or petroleum site, in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the petroleum underground storage tank or UST system or petroleum site, taking all facts and circumstances into consideration; provided, that the holder does not participate in management prior to or after foreclosure. (B) For purposes of establishing that a holder is seeking to sell, re-lease pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or divest in a reasonably expeditious manner a petroleum underground storage tank or UST system or petroleum site, the holder may use whatever commercially reasonable means as are relevant or appropriate with respect to the petroleum underground storage tank or UST system or petroleum site, or may employ the means specified in this section. A holder that outbids, rejects or fails to act upon a written bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, as provided in this section, is not considered to hold indicia of ownership primarily to protect a security interest; (2) Holding foreclosed property for disposition and liquidation. A holder, who does not participate in management prior to or after foreclosure, may sell, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), a petroleum underground storage tank or UST system or petroleum site, liquidate, wind up operations, and take measures, prior to sale or other disposition including, but not limited to, apply to, and take full advantage of the petroleum underground storage tank fund to preserve, protect or prepare the secured petroleum underground storage tank or UST system or petroleum site. A holder will only be eligible for reimbursement from the petroleum underground storage tank fund if the release would have been fund-eligible under applicable requirements had there been no foreclosure. A holder may also arrange for an existing or new operator to continue or initiate operation of the petroleum underground storage tank or UST system. The holder may conduct these activities without voiding the security interest exemption, subject to the requirements of this part: (A) A holder establishes that the ownership indicia maintained after foreclosure continue to be held primarily to protect a security interest by, within twelve (12) months following foreclosure or its equivalent, listing the petroleum underground storage tank or UST system or petroleum site, with a broker, dealer or agent who deals with the type of property in question, or by advertising the petroleum underground storage tank or UST system or petroleum site, as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the petroleum underground storage tank or UST system or petroleum site, or a newspaper of general circulation (defined as one suitable under any applicable federal, state or local rules of court for publication required by court order or rules of civil procedure) covering the location of the petroleum underground storage tank or UST system or petroleum site. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occurs, and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the twelve-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses; (B) (i) A holder that outbids, rejects or fails to act upon an offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, establishes by such outbidding, rejection or failure to act, that the ownership indicia in the secured petroleum underground storage tank or UST system or petroleum site are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or state law, to make a higher bid, to obtain a higher offer or to seek or obtain an offer in a different manner; (ii) "Fair consideration," in the case of a holder maintaining indicia of ownership primarily to protect a senior security interest in the petroleum underground storage tank or UST system or petroleum site, is the value of the security interest as defined in this section. The value of the security interest includes all debt and costs incurred by the security interest holder, and is calculated as an amount equal to or in excess of the sum of the outstanding principal (or comparable amount in the case of a lease that constitutes a security interest) owed to the holder immediately preceding the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure, plus any unpaid interest, rent or penalties (whether arising before or after foreclosure). The value of the security interest also includes all reasonable and necessary costs, fees or other charges incurred by the holder incident to work out, foreclosure, retention, preserving, protecting and preparing, prior to sale, the petroleum underground storage tank or UST system or petroleum site, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), of a petroleum underground storage tank or UST system or petroleum site, or other disposition. The value of the security interest also includes environmental investigation costs (which could include a site assessment, inspection and/or audit of the petroleum underground storage tank or UST system or petroleum site), and corrective action costs incurred under applicable petroleum underground storage tank requirements or any other costs incurred as a result of reasonable efforts to comply with any other applicable federal, state or local law or regulation; less any amounts received by the holder in connection with any partial disposition of the property and any amounts paid by the borrower (if not already applied to the borrower's obligations) subsequent to the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure. In the case of a holder maintaining indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests, plus the value of the security interest held by the junior holder, each calculated as set forth in this section; (iii) "Outbids, rejects, or fails to act upon an offer of fair consideration" means that the holder outbids, rejects or fails to act upon, within ninety (90) days of receipt, a written, bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site received at any time after six (6) months following foreclosure, as defined in this part. "Written, bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed petroleum underground storage tank or UST system or petroleum site, including all material terms of the transaction, from a ready, willing and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For purposes of this provision, the six-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occur and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the six-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses; and (3) Actions that are not participation in management post-foreclosure. A holder is not considered to be participating in the management of a petroleum underground storage tank or UST system or petroleum site when undertaking action to comply with petroleum underground storage tank requirements; provided, that the holder does not otherwise participate in the management or daily operation of the petroleum underground storage tank or UST system as provided in this part. Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action (through use of petroleum underground storage tank fund for an eligible release or other means), temporary or permanent closure of a petroleum underground storage tank or UST system, UST upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable petroleum underground storage tank requirements. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such action considered to be participating in the management of the petroleum underground storage tank or UST system.
(1) Foreclosure. (A) Indicia of ownership that are held primarily to protect a security interest include legal or equitable title or deed to real or personal property acquired through or incident to foreclosure. The indicia of ownership held after foreclosure continue to be maintained primarily as protection for a security interest; provided, that the holder undertakes to sell, re-lease a petroleum site or petroleum underground storage tank or UST system or petroleum site, held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or otherwise divest itself of the petroleum underground storage tank or UST system or petroleum site, in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the petroleum underground storage tank or UST system or petroleum site, taking all facts and circumstances into consideration; provided, that the holder does not participate in management prior to or after foreclosure. (B) For purposes of establishing that a holder is seeking to sell, re-lease pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or divest in a reasonably expeditious manner a petroleum underground storage tank or UST system or petroleum site, the holder may use whatever commercially reasonable means as are relevant or appropriate with respect to the petroleum underground storage tank or UST system or petroleum site, or may employ the means specified in this section. A holder that outbids, rejects or fails to act upon a written bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, as provided in this section, is not considered to hold indicia of ownership primarily to protect a security interest;
(A) Indicia of ownership that are held primarily to protect a security interest include legal or equitable title or deed to real or personal property acquired through or incident to foreclosure. The indicia of ownership held after foreclosure continue to be maintained primarily as protection for a security interest; provided, that the holder undertakes to sell, re-lease a petroleum site or petroleum underground storage tank or UST system or petroleum site, held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or otherwise divest itself of the petroleum underground storage tank or UST system or petroleum site, in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the petroleum underground storage tank or UST system or petroleum site, taking all facts and circumstances into consideration; provided, that the holder does not participate in management prior to or after foreclosure.
(B) For purposes of establishing that a holder is seeking to sell, re-lease pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or divest in a reasonably expeditious manner a petroleum underground storage tank or UST system or petroleum site, the holder may use whatever commercially reasonable means as are relevant or appropriate with respect to the petroleum underground storage tank or UST system or petroleum site, or may employ the means specified in this section. A holder that outbids, rejects or fails to act upon a written bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, as provided in this section, is not considered to hold indicia of ownership primarily to protect a security interest;
(2) Holding foreclosed property for disposition and liquidation. A holder, who does not participate in management prior to or after foreclosure, may sell, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), a petroleum underground storage tank or UST system or petroleum site, liquidate, wind up operations, and take measures, prior to sale or other disposition including, but not limited to, apply to, and take full advantage of the petroleum underground storage tank fund to preserve, protect or prepare the secured petroleum underground storage tank or UST system or petroleum site. A holder will only be eligible for reimbursement from the petroleum underground storage tank fund if the release would have been fund-eligible under applicable requirements had there been no foreclosure. A holder may also arrange for an existing or new operator to continue or initiate operation of the petroleum underground storage tank or UST system. The holder may conduct these activities without voiding the security interest exemption, subject to the requirements of this part: (A) A holder establishes that the ownership indicia maintained after foreclosure continue to be held primarily to protect a security interest by, within twelve (12) months following foreclosure or its equivalent, listing the petroleum underground storage tank or UST system or petroleum site, with a broker, dealer or agent who deals with the type of property in question, or by advertising the petroleum underground storage tank or UST system or petroleum site, as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the petroleum underground storage tank or UST system or petroleum site, or a newspaper of general circulation (defined as one suitable under any applicable federal, state or local rules of court for publication required by court order or rules of civil procedure) covering the location of the petroleum underground storage tank or UST system or petroleum site. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occurs, and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the twelve-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses; (B) (i) A holder that outbids, rejects or fails to act upon an offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, establishes by such outbidding, rejection or failure to act, that the ownership indicia in the secured petroleum underground storage tank or UST system or petroleum site are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or state law, to make a higher bid, to obtain a higher offer or to seek or obtain an offer in a different manner; (ii) "Fair consideration," in the case of a holder maintaining indicia of ownership primarily to protect a senior security interest in the petroleum underground storage tank or UST system or petroleum site, is the value of the security interest as defined in this section. The value of the security interest includes all debt and costs incurred by the security interest holder, and is calculated as an amount equal to or in excess of the sum of the outstanding principal (or comparable amount in the case of a lease that constitutes a security interest) owed to the holder immediately preceding the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure, plus any unpaid interest, rent or penalties (whether arising before or after foreclosure). The value of the security interest also includes all reasonable and necessary costs, fees or other charges incurred by the holder incident to work out, foreclosure, retention, preserving, protecting and preparing, prior to sale, the petroleum underground storage tank or UST system or petroleum site, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), of a petroleum underground storage tank or UST system or petroleum site, or other disposition. The value of the security interest also includes environmental investigation costs (which could include a site assessment, inspection and/or audit of the petroleum underground storage tank or UST system or petroleum site), and corrective action costs incurred under applicable petroleum underground storage tank requirements or any other costs incurred as a result of reasonable efforts to comply with any other applicable federal, state or local law or regulation; less any amounts received by the holder in connection with any partial disposition of the property and any amounts paid by the borrower (if not already applied to the borrower's obligations) subsequent to the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure. In the case of a holder maintaining indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests, plus the value of the security interest held by the junior holder, each calculated as set forth in this section; (iii) "Outbids, rejects, or fails to act upon an offer of fair consideration" means that the holder outbids, rejects or fails to act upon, within ninety (90) days of receipt, a written, bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site received at any time after six (6) months following foreclosure, as defined in this part. "Written, bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed petroleum underground storage tank or UST system or petroleum site, including all material terms of the transaction, from a ready, willing and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For purposes of this provision, the six-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occur and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the six-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses; and
(A) A holder establishes that the ownership indicia maintained after foreclosure continue to be held primarily to protect a security interest by, within twelve (12) months following foreclosure or its equivalent, listing the petroleum underground storage tank or UST system or petroleum site, with a broker, dealer or agent who deals with the type of property in question, or by advertising the petroleum underground storage tank or UST system or petroleum site, as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the petroleum underground storage tank or UST system or petroleum site, or a newspaper of general circulation (defined as one suitable under any applicable federal, state or local rules of court for publication required by court order or rules of civil procedure) covering the location of the petroleum underground storage tank or UST system or petroleum site. For purposes of this provision, the twelve-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occurs, and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the twelve-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses;
(B) (i) A holder that outbids, rejects or fails to act upon an offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, establishes by such outbidding, rejection or failure to act, that the ownership indicia in the secured petroleum underground storage tank or UST system or petroleum site are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or state law, to make a higher bid, to obtain a higher offer or to seek or obtain an offer in a different manner; (ii) "Fair consideration," in the case of a holder maintaining indicia of ownership primarily to protect a senior security interest in the petroleum underground storage tank or UST system or petroleum site, is the value of the security interest as defined in this section. The value of the security interest includes all debt and costs incurred by the security interest holder, and is calculated as an amount equal to or in excess of the sum of the outstanding principal (or comparable amount in the case of a lease that constitutes a security interest) owed to the holder immediately preceding the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure, plus any unpaid interest, rent or penalties (whether arising before or after foreclosure). The value of the security interest also includes all reasonable and necessary costs, fees or other charges incurred by the holder incident to work out, foreclosure, retention, preserving, protecting and preparing, prior to sale, the petroleum underground storage tank or UST system or petroleum site, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), of a petroleum underground storage tank or UST system or petroleum site, or other disposition. The value of the security interest also includes environmental investigation costs (which could include a site assessment, inspection and/or audit of the petroleum underground storage tank or UST system or petroleum site), and corrective action costs incurred under applicable petroleum underground storage tank requirements or any other costs incurred as a result of reasonable efforts to comply with any other applicable federal, state or local law or regulation; less any amounts received by the holder in connection with any partial disposition of the property and any amounts paid by the borrower (if not already applied to the borrower's obligations) subsequent to the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure. In the case of a holder maintaining indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests, plus the value of the security interest held by the junior holder, each calculated as set forth in this section; (iii) "Outbids, rejects, or fails to act upon an offer of fair consideration" means that the holder outbids, rejects or fails to act upon, within ninety (90) days of receipt, a written, bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site received at any time after six (6) months following foreclosure, as defined in this part. "Written, bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed petroleum underground storage tank or UST system or petroleum site, including all material terms of the transaction, from a ready, willing and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For purposes of this provision, the six-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occur and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the six-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses; and
(i) A holder that outbids, rejects or fails to act upon an offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site, establishes by such outbidding, rejection or failure to act, that the ownership indicia in the secured petroleum underground storage tank or UST system or petroleum site are not held primarily to protect the security interest, unless the holder is required, in order to avoid liability under federal or state law, to make a higher bid, to obtain a higher offer or to seek or obtain an offer in a different manner;
(ii) "Fair consideration," in the case of a holder maintaining indicia of ownership primarily to protect a senior security interest in the petroleum underground storage tank or UST system or petroleum site, is the value of the security interest as defined in this section. The value of the security interest includes all debt and costs incurred by the security interest holder, and is calculated as an amount equal to or in excess of the sum of the outstanding principal (or comparable amount in the case of a lease that constitutes a security interest) owed to the holder immediately preceding the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure, plus any unpaid interest, rent or penalties (whether arising before or after foreclosure). The value of the security interest also includes all reasonable and necessary costs, fees or other charges incurred by the holder incident to work out, foreclosure, retention, preserving, protecting and preparing, prior to sale, the petroleum underground storage tank or UST system or petroleum site, re-lease, pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), of a petroleum underground storage tank or UST system or petroleum site, or other disposition. The value of the security interest also includes environmental investigation costs (which could include a site assessment, inspection and/or audit of the petroleum underground storage tank or UST system or petroleum site), and corrective action costs incurred under applicable petroleum underground storage tank requirements or any other costs incurred as a result of reasonable efforts to comply with any other applicable federal, state or local law or regulation; less any amounts received by the holder in connection with any partial disposition of the property and any amounts paid by the borrower (if not already applied to the borrower's obligations) subsequent to the acquisition of full title (or possession in the case of a lease financing transaction) pursuant to foreclosure. In the case of a holder maintaining indicia of ownership primarily to protect a junior security interest, fair consideration is the value of all outstanding higher priority security interests, plus the value of the security interest held by the junior holder, each calculated as set forth in this section;
(iii) "Outbids, rejects, or fails to act upon an offer of fair consideration" means that the holder outbids, rejects or fails to act upon, within ninety (90) days of receipt, a written, bona fide, firm offer of fair consideration for the petroleum underground storage tank or UST system or petroleum site received at any time after six (6) months following foreclosure, as defined in this part. "Written, bona fide, firm offer" means a legally enforceable, commercially reasonable, cash offer solely for the foreclosed petroleum underground storage tank or UST system or petroleum site, including all material terms of the transaction, from a ready, willing and able purchaser who demonstrates to the holder's satisfaction the ability to perform. For purposes of this provision, the six-month period begins to run from April 12, 1996, or from the date that the foreclosure or its equivalent occur and the holder has obtained access to the petroleum underground storage tank or UST system or petroleum site, whichever is later; provided, that the holder acts diligently in foreclosing and in obtaining access to the petroleum underground storage tank or UST system or petroleum site. If the holder fails to act diligently in foreclosing or obtaining access to the petroleum underground storage tank or UST system or petroleum site, the six-month period begins to run from the later of either April 12, 1996, or from the date on which the holder forecloses; and
(3) Actions that are not participation in management post-foreclosure. A holder is not considered to be participating in the management of a petroleum underground storage tank or UST system or petroleum site when undertaking action to comply with petroleum underground storage tank requirements; provided, that the holder does not otherwise participate in the management or daily operation of the petroleum underground storage tank or UST system as provided in this part. Such allowable actions include, but are not limited to, release detection and release reporting, release response and corrective action (through use of petroleum underground storage tank fund for an eligible release or other means), temporary or permanent closure of a petroleum underground storage tank or UST system, UST upgrading or replacement, and maintenance of corrosion protection. A holder who undertakes these actions must do so in compliance with the applicable petroleum underground storage tank requirements. A holder may directly oversee these environmental compliance actions and voluntary environmental actions, and directly hire contractors to perform the work, and is not by such action considered to be participating in the management of the petroleum underground storage tank or UST system.
Acts 1996, ch. 733, § 5.
Tenn. Code Ann. § 68-215-103 — TN Code / Title 68 / Chapter 215 / Section 68-215-103
Chapter definitions in addition to the definitions in Section 68-215-201
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the underground storage tanks and solid waste disposal control board created pursuant to § 68-211-111 ; (2) "Commissioner" means the commissioner of environment and conservation, the commissioner's authorized representatives, or in the event of the commissioner's absence or a vacancy in the commissioner's office, the deputy commissioner; (3) "Department" means the department of environment and conservation; (4) "Flow through process tank" means a tank whose principal use is not for storage but is primarily used in the manufacture of a product or in a treatment process; (5) "Inactive petroleum site" means a site that is no longer in operation, is abandoned, or the responsible party has filed a bankruptcy petition; (6) "Local government agency" means a government agency as defined by § 67-3-103 other than agencies of state or federal governments; (7) "Notification form" means the petroleum underground storage tank notification form completed by the owner for the petroleum underground storage tanks at each facility and required by this chapter; (8) "Occurrence" means the discovery of environmental contamination at a specific time and date, due to the release of petroleum products from petroleum underground storage tanks; (9) "Operator" means any person in control of, or having responsibility for, the daily operation of the petroleum underground storage tank; (10) "Owner" means: (A) For petroleum storage tanks in use or brought into use on or after November 8, 1984, any person who owns a petroleum underground storage tank used for the storage, use, or dispensing of petroleum products; (B) For petroleum underground storage tanks used prior to November 8, 1984, but no longer in use after that date, the person who last owned the petroleum underground storage tank used for storage, use, or dispensing of petroleum immediately before discontinuation of its use; (11) "Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, 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; (12) "Petroleum" means crude oil or any fraction of crude oil which is a liquid at standard temperature and pressure (sixty degrees Fahrenheit (60° F) and fourteen and seven-tenths pounds per square inch (14.7 p.s.i.) absolute); (13) "Petroleum site" means any site or area where a petroleum underground storage tank is located; (14) "Petroleum underground storage tank" means any one (1) or combination of tanks (including the underground lines connected thereto) which are used or have been used to contain an accumulation of petroleum substances, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground. "Petroleum underground storage tank" does not include any tank exempted from this chapter pursuant to § 68-215-124 ; (15) "Petroleum underground storage tank fund" means the fund established by this chapter to provide for the cleanup of releases from petroleum underground storage tanks and assist with the financial responsibilities of owners/operators of petroleum underground storage tanks; (16) "Release" means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing of a petroleum substance from a petroleum underground storage tank or its associated piping into groundwater, surface water, or subsurface soils; (17) (A) "Responsible party" means: (i) The owner and/or operator of a petroleum site; (ii) Any person who at the time of the release which caused the contamination was an owner and/or operator of a petroleum underground storage tank; (iii) Any person whose intentional actions directly cause the release of petroleum at a petroleum site; or (iv) Any person other than an employee, officer, director, principal, or shareholder of the owner or operator of the underground storage tank system or of the owner of the petroleum site, whose negligent actions directly cause the release of petroleum at a petroleum site; or (B) A responsible party does not include a unit of state or local government which becomes an owner or operator of a petroleum site by acquiring ownership or control through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign, unless such governmental entity has otherwise owned or operated a petroleum underground storage tank on the site or has caused or contributed to the release or threatened release from such a tank; (18) "State" means the state of Tennessee; and (19) "Tank" means a stationary device, designed to contain an accumulation of petroleum substances which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, fiberglass) which provide structural support. Acts 1988, ch. 984, § 5; T.C.A., § 68-53-103; Acts 1994, ch. 633, § 1; 2004, ch. 925, § 1; 2010 , ch. 903, § 2; 2012 , ch. 986, § 39.
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the underground storage tanks and solid waste disposal control board created pursuant to § 68-211-111 ;
(2) "Commissioner" means the commissioner of environment and conservation, the commissioner's authorized representatives, or in the event of the commissioner's absence or a vacancy in the commissioner's office, the deputy commissioner;
(3) "Department" means the department of environment and conservation;
(4) "Flow through process tank" means a tank whose principal use is not for storage but is primarily used in the manufacture of a product or in a treatment process;
(5) "Inactive petroleum site" means a site that is no longer in operation, is abandoned, or the responsible party has filed a bankruptcy petition;
(6) "Local government agency" means a government agency as defined by § 67-3-103 other than agencies of state or federal governments;
(7) "Notification form" means the petroleum underground storage tank notification form completed by the owner for the petroleum underground storage tanks at each facility and required by this chapter;
(8) "Occurrence" means the discovery of environmental contamination at a specific time and date, due to the release of petroleum products from petroleum underground storage tanks;
(9) "Operator" means any person in control of, or having responsibility for, the daily operation of the petroleum underground storage tank;
(10) "Owner" means: (A) For petroleum storage tanks in use or brought into use on or after November 8, 1984, any person who owns a petroleum underground storage tank used for the storage, use, or dispensing of petroleum products; (B) For petroleum underground storage tanks used prior to November 8, 1984, but no longer in use after that date, the person who last owned the petroleum underground storage tank used for storage, use, or dispensing of petroleum immediately before discontinuation of its use;
(A) For petroleum storage tanks in use or brought into use on or after November 8, 1984, any person who owns a petroleum underground storage tank used for the storage, use, or dispensing of petroleum products;
(B) For petroleum underground storage tanks used prior to November 8, 1984, but no longer in use after that date, the person who last owned the petroleum underground storage tank used for storage, use, or dispensing of petroleum immediately before discontinuation of its use;
(11) "Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, 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;
(12) "Petroleum" means crude oil or any fraction of crude oil which is a liquid at standard temperature and pressure (sixty degrees Fahrenheit (60° F) and fourteen and seven-tenths pounds per square inch (14.7 p.s.i.) absolute);
(13) "Petroleum site" means any site or area where a petroleum underground storage tank is located;
(14) "Petroleum underground storage tank" means any one (1) or combination of tanks (including the underground lines connected thereto) which are used or have been used to contain an accumulation of petroleum substances, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground. "Petroleum underground storage tank" does not include any tank exempted from this chapter pursuant to § 68-215-124 ;
(15) "Petroleum underground storage tank fund" means the fund established by this chapter to provide for the cleanup of releases from petroleum underground storage tanks and assist with the financial responsibilities of owners/operators of petroleum underground storage tanks;
(16) "Release" means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing of a petroleum substance from a petroleum underground storage tank or its associated piping into groundwater, surface water, or subsurface soils;
(17) (A) "Responsible party" means: (i) The owner and/or operator of a petroleum site; (ii) Any person who at the time of the release which caused the contamination was an owner and/or operator of a petroleum underground storage tank; (iii) Any person whose intentional actions directly cause the release of petroleum at a petroleum site; or (iv) Any person other than an employee, officer, director, principal, or shareholder of the owner or operator of the underground storage tank system or of the owner of the petroleum site, whose negligent actions directly cause the release of petroleum at a petroleum site; or (B) A responsible party does not include a unit of state or local government which becomes an owner or operator of a petroleum site by acquiring ownership or control through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign, unless such governmental entity has otherwise owned or operated a petroleum underground storage tank on the site or has caused or contributed to the release or threatened release from such a tank;
(A) "Responsible party" means: (i) The owner and/or operator of a petroleum site; (ii) Any person who at the time of the release which caused the contamination was an owner and/or operator of a petroleum underground storage tank; (iii) Any person whose intentional actions directly cause the release of petroleum at a petroleum site; or (iv) Any person other than an employee, officer, director, principal, or shareholder of the owner or operator of the underground storage tank system or of the owner of the petroleum site, whose negligent actions directly cause the release of petroleum at a petroleum site; or
(i) The owner and/or operator of a petroleum site;
(ii) Any person who at the time of the release which caused the contamination was an owner and/or operator of a petroleum underground storage tank;
(iii) Any person whose intentional actions directly cause the release of petroleum at a petroleum site; or
(iv) Any person other than an employee, officer, director, principal, or shareholder of the owner or operator of the underground storage tank system or of the owner of the petroleum site, whose negligent actions directly cause the release of petroleum at a petroleum site; or
(B) A responsible party does not include a unit of state or local government which becomes an owner or operator of a petroleum site by acquiring ownership or control through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign, unless such governmental entity has otherwise owned or operated a petroleum underground storage tank on the site or has caused or contributed to the release or threatened release from such a tank;
(18) "State" means the state of Tennessee; and
(19) "Tank" means a stationary device, designed to contain an accumulation of petroleum substances which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, fiberglass) which provide structural support.
Acts 1988, ch. 984, § 5; T.C.A., § 68-53-103; Acts 1994, ch. 633, § 1; 2004, ch. 925, § 1; 2010 , ch. 903, § 2; 2012 , ch. 986, § 39.
Tenn. Code Ann. § 68-201-108 — TN Code / Title 68 / Chapter 201 / Section 68-201-108
Hearings
Status: in_force

(a) (1) Except as provided in subdivision (a)(2), a person aggrieved by a final action of the technical secretary on a permit, order, or assessment may request a hearing before the board pursuant to this section by filing a petition with the technical secretary within thirty (30) days of issuance of the permit or service of the order or assessment. The hearing shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date shall be stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board. (2) A petition for permit appeal by an aggrieved party other than a permit applicant may only be filed pursuant to this section by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. A petition for permit appeal shall be filed with the technical secretary within thirty (30) days after the commissioner's final decision to issue or deny the permit is posted on the department website. Notwithstanding § 4-5-223 or any other law to the contrary, this section shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought. (3) Hearings before the board on requests for variances and certificates of exemption may be conducted as contested case hearings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) The board or the commissioner or the commissioner's representative may hold public hearings on any matter, within their jurisdiction under this part. The board may promulgate regulations concerning subjects on which public hearings are required and the procedures for those hearings. Reasonable notice of such public hearings shall be given. Amended by 2014 Tenn. Acts, ch. 507, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 181, s 3, eff. 7/1/2013. Acts 1967, ch. 367, § 8; 1970, ch. 538, § 3; 1970, ch. 539, § 2; 1971, ch. 84, § 1; 1971, ch. 108, §§ 2-7; 1971, ch. 322, § 1; 1973, ch. 325, § 5; modified; Acts 1979, ch. 299, § 7; 1981, ch. 131, § 28; T.C.A., § 53-3415; Acts 1984, ch. 788, § 7; T.C.A., § 68-25-108.
(a) (1) Except as provided in subdivision (a)(2), a person aggrieved by a final action of the technical secretary on a permit, order, or assessment may request a hearing before the board pursuant to this section by filing a petition with the technical secretary within thirty (30) days of issuance of the permit or service of the order or assessment. The hearing shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date shall be stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board. (2) A petition for permit appeal by an aggrieved party other than a permit applicant may only be filed pursuant to this section by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. A petition for permit appeal shall be filed with the technical secretary within thirty (30) days after the commissioner's final decision to issue or deny the permit is posted on the department website. Notwithstanding § 4-5-223 or any other law to the contrary, this section shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought. (3) Hearings before the board on requests for variances and certificates of exemption may be conducted as contested case hearings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Except as provided in subdivision (a)(2), a person aggrieved by a final action of the technical secretary on a permit, order, or assessment may request a hearing before the board pursuant to this section by filing a petition with the technical secretary within thirty (30) days of issuance of the permit or service of the order or assessment. The hearing shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date shall be stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board.
(2) A petition for permit appeal by an aggrieved party other than a permit applicant may only be filed pursuant to this section by an aggrieved person who participated in the public comment period or gave testimony at a formal public hearing. The appeal shall be based upon one (1) or more of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. A petition for permit appeal shall be filed with the technical secretary within thirty (30) days after the commissioner's final decision to issue or deny the permit is posted on the department website. Notwithstanding § 4-5-223 or any other law to the contrary, this section shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit by such an aggrieved person, and its process shall be exhausted before judicial review may be sought.
(3) Hearings before the board on requests for variances and certificates of exemption may be conducted as contested case hearings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) The board or the commissioner or the commissioner's representative may hold public hearings on any matter, within their jurisdiction under this part. The board may promulgate regulations concerning subjects on which public hearings are required and the procedures for those hearings. Reasonable notice of such public hearings shall be given.
Amended by 2014 Tenn. Acts, ch. 507, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 181, s 3, eff. 7/1/2013.
Acts 1967, ch. 367, § 8; 1970, ch. 538, § 3; 1970, ch. 539, § 2; 1971, ch. 84, § 1; 1971, ch. 108, §§ 2-7; 1971, ch. 322, § 1; 1973, ch. 325, § 5; modified; Acts 1979, ch. 299, § 7; 1981, ch. 131, § 28; T.C.A., § 53-3415; Acts 1984, ch. 788, § 7; T.C.A., § 68-25-108.
Tenn. Code Ann. § 68-216-101 — TN Code / Title 68 / Chapter 216 / Section 68-216-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Oil Spill Cleanup and Environmental Preservation Act of 1995." Acts 1995, ch. 44, § 1.
This chapter shall be known and may be cited as the "Tennessee Oil Spill Cleanup and Environmental Preservation Act of 1995."
Acts 1995, ch. 44, § 1.
Tenn. Code Ann. § 68-215-201 — TN Code / Title 68 / Chapter 215 / Section 68-215-201
Chapter definitions in addition to the definitions in Section 68-215-103
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Borrower", "debtor", or "obligor" means a person whose petroleum underground storage tank or UST system is encumbered by a security interest. These terms are used interchangeably; (2) "Foreclosure" or "foreclosure and its equivalent" means purchase at a foreclosure sale, acquisition or assignment of title in lieu of foreclosure, termination of a lease or other repossession, acquisition of right to title or possession, an agreement in satisfaction of the obligation, or any other formal or informal manner (whether pursuant to law under warranties, covenants, conditions, representations or promise from the borrower) by which the holder acquires title to or possession of secured property; (3) "Holder" means a person who maintains indicia of ownership primarily to protect a security interest in a petroleum underground storage tank (UST) system. "Holder" includes the initial holder or purchaser (such as a loan originator), any subsequent holder (such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market), any subsequent assignee, transferee or purchaser from a holder, guarantor of an obligation, surety or any other person who holds ownership who acts on behalf of or for the benefit of a holder; (4) "Indicia of ownership" means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligations, including any legal or equitable title to real or personal property acquired incident to foreclosure and its equivalents. Evidence of such interests includes, but is not limited to, mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (herein "lease financing transaction"), and legal or equitable title obtained pursuant to foreclosure, and its equivalents. Evidence of such interests also includes assignments, pledges or other rights to or other forms of encumbrances against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain indicia of ownership; (5) "Operation" means the use, storage, filling or dispensing of petroleum contained in a petroleum underground storage tank or a UST system; (6) "Primarily to protect a security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation, but does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as a protection of a security interest. A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reason why ownership indicia are held shall be for protection of a security interest; (7) "Security interest" means an interest in a petroleum underground storage tank or UST system or petroleum site which is created or established for the purpose of securing a loan or other obligation. "Security interest" includes, but is not limited to, mortgages, deeds of trust, liens and title pursuant to lease financing transaction. A "security interest" may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, inventory and/or other personal property financing arrangements and consignments, if the transaction creates or establishes an interest in a petroleum underground storage tank or UST system or petroleum site for the purpose of securing a loan or other obligation; and (8) "UST system" means an underground storage tank, connected underground piping, underground ancillary equipment and containment system, if any. Acts 1996, ch. 733, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Borrower", "debtor", or "obligor" means a person whose petroleum underground storage tank or UST system is encumbered by a security interest. These terms are used interchangeably;
(2) "Foreclosure" or "foreclosure and its equivalent" means purchase at a foreclosure sale, acquisition or assignment of title in lieu of foreclosure, termination of a lease or other repossession, acquisition of right to title or possession, an agreement in satisfaction of the obligation, or any other formal or informal manner (whether pursuant to law under warranties, covenants, conditions, representations or promise from the borrower) by which the holder acquires title to or possession of secured property;
(3) "Holder" means a person who maintains indicia of ownership primarily to protect a security interest in a petroleum underground storage tank (UST) system. "Holder" includes the initial holder or purchaser (such as a loan originator), any subsequent holder (such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market), any subsequent assignee, transferee or purchaser from a holder, guarantor of an obligation, surety or any other person who holds ownership who acts on behalf of or for the benefit of a holder;
(4) "Indicia of ownership" means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligations, including any legal or equitable title to real or personal property acquired incident to foreclosure and its equivalents. Evidence of such interests includes, but is not limited to, mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (herein "lease financing transaction"), and legal or equitable title obtained pursuant to foreclosure, and its equivalents. Evidence of such interests also includes assignments, pledges or other rights to or other forms of encumbrances against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain indicia of ownership;
(5) "Operation" means the use, storage, filling or dispensing of petroleum contained in a petroleum underground storage tank or a UST system;
(6) "Primarily to protect a security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation, but does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as a protection of a security interest. A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reason why ownership indicia are held shall be for protection of a security interest;
(7) "Security interest" means an interest in a petroleum underground storage tank or UST system or petroleum site which is created or established for the purpose of securing a loan or other obligation. "Security interest" includes, but is not limited to, mortgages, deeds of trust, liens and title pursuant to lease financing transaction. A "security interest" may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, inventory and/or other personal property financing arrangements and consignments, if the transaction creates or establishes an interest in a petroleum underground storage tank or UST system or petroleum site for the purpose of securing a loan or other obligation; and
(8) "UST system" means an underground storage tank, connected underground piping, underground ancillary equipment and containment system, if any.
Acts 1996, ch. 733, § 2.