Tenn. Code Ann. § 68-221-614 — TN Code / Title 68 / Chapter 221 / Section 68-221-614
Powers of participating governmental entities
Status: in_force

Any creating governmental entity and any participating governmental entity has all necessary powers in order to further the purposes of this part, including, without limitation, the following, any or all of which powers may be exercised by resolution of its governing body, to: (1) Advance, donate or lend money on real or personal property to the authority; (2) Provide that any funds on hand or to become available to it for treatment works purposes shall be paid directly to the authority; (3) Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing treatment works or other related property, or grant easements, licenses or other rights or privileges therein to the authority; (4) Enter into agreements with the authority with regard to the transfer of its treatment works' employees to the authority with the retention by such employees of any civil service status and accrued rights in pension, disability, hospitalization and death benefits; and (5) Permit its rights, duties and powers under its charter or the laws of the state to be performed or exercised by the authority. Acts 1974, ch. 605, § 14; T.C.A., §§ 53-6014, 68-13-614.
Any creating governmental entity and any participating governmental entity has all necessary powers in order to further the purposes of this part, including, without limitation, the following, any or all of which powers may be exercised by resolution of its governing body, to:
(1) Advance, donate or lend money on real or personal property to the authority;
(2) Provide that any funds on hand or to become available to it for treatment works purposes shall be paid directly to the authority;
(3) Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing treatment works or other related property, or grant easements, licenses or other rights or privileges therein to the authority;
(4) Enter into agreements with the authority with regard to the transfer of its treatment works' employees to the authority with the retention by such employees of any civil service status and accrued rights in pension, disability, hospitalization and death benefits; and
(5) Permit its rights, duties and powers under its charter or the laws of the state to be performed or exercised by the authority.
Acts 1974, ch. 605, § 14; T.C.A., §§ 53-6014, 68-13-614.
Tenn. Code Ann. § 68-202-414 — TN Code / Title 68 / Chapter 202 / Section 68-202-414
Provisions supplemental
Status: in_force

This part is declared to be cumulative and is intended to supplement existing laws, and shall not be construed to repeal any existing law specifically enacted for the protection of the public health, safety or welfare. Acts 1976, ch. 475, § 16; T.C.A., §§ 53-3337, 68-23-414.
This part is declared to be cumulative and is intended to supplement existing laws, and shall not be construed to repeal any existing law specifically enacted for the protection of the public health, safety or welfare.
Acts 1976, ch. 475, § 16; T.C.A., §§ 53-3337, 68-23-414.
Tenn. Code Ann. § 68-202-105 — TN Code / Title 68 / Chapter 202 / Section 68-202-105
Cooperation between agencies and groups
Status: in_force

The heads of the appropriate agencies may cooperate with the federal government and/or appropriate regional groups in the administration of this part or any matter pertaining thereto. Acts 1957, ch. 324, § 6; T.C.A., §§ 53-3105, 68-23-105.
The heads of the appropriate agencies may cooperate with the federal government and/or appropriate regional groups in the administration of this part or any matter pertaining thereto.
Acts 1957, ch. 324, § 6; T.C.A., §§ 53-3105, 68-23-105.
Tenn. Code Ann. § 68-211-1006 — TN Code / Title 68 / Chapter 211 / Section 68-211-1006
Fee on sales of automotive oil - Rules and regulations
Status: in_force

(a) There is levied on every distributor of automotive oil a two cent (2¢) per quart fee on the sale of automotive oil to fund the used oil collection fund. (b) The fee shall apply only to sales of automotive oil, as herein defined, in packaged form. The use of automotive oil by a distributor shall constitute a sale for the purposes of this section unless that use is exempted under other provisions of this part. It is the intention of this part that the fee shall be due only once on any given quantity of automotive oil. (c) The fee established in this part shall be collected by the department of revenue and deposited to the used oil collection fund. Of the funds received from this fee, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed four hundred thousand dollars ($400,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the used oil collection fund. On July 1, 2012, and thereafter, all of the funds received from this fee shall be credited to the used oil collection fund. (d) The commissioner of revenue is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement, administer and enforce this section and §§ 68-211-1007 - 68-211-1010. Acts 1993, ch. 185, § 7; 2009 , ch. 531, § 6.
(a) There is levied on every distributor of automotive oil a two cent (2¢) per quart fee on the sale of automotive oil to fund the used oil collection fund.
(b) The fee shall apply only to sales of automotive oil, as herein defined, in packaged form. The use of automotive oil by a distributor shall constitute a sale for the purposes of this section unless that use is exempted under other provisions of this part. It is the intention of this part that the fee shall be due only once on any given quantity of automotive oil.
(c) The fee established in this part shall be collected by the department of revenue and deposited to the used oil collection fund. Of the funds received from this fee, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed four hundred thousand dollars ($400,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the used oil collection fund. On July 1, 2012, and thereafter, all of the funds received from this fee shall be credited to the used oil collection fund.
(d) The commissioner of revenue is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement, administer and enforce this section and §§ 68-211-1007 - 68-211-1010.
Acts 1993, ch. 185, § 7; 2009 , ch. 531, § 6.
Tenn. Code Ann. § 68-202-401 — TN Code / Title 68 / Chapter 202 / Section 68-202-401
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "By-product material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (2) "Commissioner" means the commissioner of environment and conservation or the commissioner's designated representative; (3) "Department" means the department of environment and conservation; (4) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government; (5) "Radiation" includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and X-rays; alpha and beta particles; electrons, neutrons and protons; and other nuclear particles but not radio waves or visible, infrared or ultraviolet light; (6) "Radiation machine" means an apparatus which produces or may produce when the associated controls are operated, one (1) or more forms of radiation; (7) "Radiation source" includes material which emits radiation spontaneously, or apparatus which produces, or may produce when the associated controls are operated, one (1) or more forms of radiation; (8) "Radioactive material" refers to any material, solid, liquid or gas, which emits radiation spontaneously; (9) (A) "Source material" means: (i) Uranium or thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores which contain by weight one-twentieth of one percent (0.05%) or more of: (a) Uranium; (b) Thorium; or (c) Any combinations thereof; (B) "Source material" does not include special nuclear material; (10) "Special nuclear material in quantities not sufficient to form a critical mass" means uranium enriched in the isotope U-235 in quantities not exceeding three hundred fifty (350) grams of contained U-235; U-233 in quantities not exceeding two hundred (200) grams; plutonium in quantities not exceeding two hundred (200) grams; or any combination of them in accordance with the following formula: for each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear material in combination shall not exceed one (1) (i.e., unity); (11) "Specific license" means a license issued by the department which allows the use, storage, handling, and possession of radioactive sources under specified conditions of the license; and (12) "Specific licensee" means a holder of a specific license issued by the department. Acts 1976, ch. 475, § 1; T.C.A., § 53-3323; Acts 1986, ch. 569, § 6; T.C.A., § 68-23-401.
As used in this part, unless the context otherwise requires:
(1) "By-product material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2) "Commissioner" means the commissioner of environment and conservation or the commissioner's designated representative;
(3) "Department" means the department of environment and conservation;
(4) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government;
(5) "Radiation" includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and X-rays; alpha and beta particles; electrons, neutrons and protons; and other nuclear particles but not radio waves or visible, infrared or ultraviolet light;
(6) "Radiation machine" means an apparatus which produces or may produce when the associated controls are operated, one (1) or more forms of radiation;
(7) "Radiation source" includes material which emits radiation spontaneously, or apparatus which produces, or may produce when the associated controls are operated, one (1) or more forms of radiation;
(8) "Radioactive material" refers to any material, solid, liquid or gas, which emits radiation spontaneously;
(9) (A) "Source material" means: (i) Uranium or thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores which contain by weight one-twentieth of one percent (0.05%) or more of: (a) Uranium; (b) Thorium; or (c) Any combinations thereof; (B) "Source material" does not include special nuclear material;
(A) "Source material" means: (i) Uranium or thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores which contain by weight one-twentieth of one percent (0.05%) or more of: (a) Uranium; (b) Thorium; or (c) Any combinations thereof;
(i) Uranium or thorium, or any combination thereof, in any physical or chemical form; or
(ii) Ores which contain by weight one-twentieth of one percent (0.05%) or more of: (a) Uranium; (b) Thorium; or (c) Any combinations thereof;
(a) Uranium;
(b) Thorium; or
(c) Any combinations thereof;
(B) "Source material" does not include special nuclear material;
(10) "Special nuclear material in quantities not sufficient to form a critical mass" means uranium enriched in the isotope U-235 in quantities not exceeding three hundred fifty (350) grams of contained U-235; U-233 in quantities not exceeding two hundred (200) grams; plutonium in quantities not exceeding two hundred (200) grams; or any combination of them in accordance with the following formula: for each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear material in combination shall not exceed one (1) (i.e., unity);
(11) "Specific license" means a license issued by the department which allows the use, storage, handling, and possession of radioactive sources under specified conditions of the license; and
(12) "Specific licensee" means a holder of a specific license issued by the department.
Acts 1976, ch. 475, § 1; T.C.A., § 53-3323; Acts 1986, ch. 569, § 6; T.C.A., § 68-23-401.
Tenn. Code Ann. § 68-212-222 — TN Code / Title 68 / Chapter 212 / Section 68-212-222
Permit exemption - On site clean-up activities
Status: in_force

No state or local permits shall be required for clean-up activities which are conducted entirely on site and in accordance with this part; provided, that such clean-up activities meet the standards that would apply if such permits were required. Acts 1989, ch. 321, § 9; T.C.A., § 68-46-222.
No state or local permits shall be required for clean-up activities which are conducted entirely on site and in accordance with this part; provided, that such clean-up activities meet the standards that would apply if such permits were required.
Acts 1989, ch. 321, § 9; T.C.A., § 68-46-222.
Tenn. Code Ann. § 68-211-1016 — TN Code / Title 68 / Chapter 211 / Section 68-211-1016
Prohibited acts - Penalty
Status: in_force

(a) Other than as provided for in a state or federal discharge permit, no person shall: (1) Discharge used oil into sewers, drainage systems, septic tanks, surface waters, groundwaters, water courses or marine waters; (2) Collect, store, recycle, use or dispose of used oil in any manner which endangers the public health or welfare; (3) Mix or comingle used oil with hazardous waste or polychlorinated biphenyls (PCBs) that make it unsuitable for recycling or beneficial use; or (4) Utilize used oil for road oiling, dust control, weed abatement or similar uses which have the potential to cause harm to the environment. (b) Any person who: (1) Fails to comply with any provision of this part or any rule adopted pursuant to this part; (2) Fails to file any reports, records or documents required pursuant to this part; (3) Fails, neglects, or refuses to comply with any order issued pursuant to this part; or (4) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part; commits a Class C misdemeanor. Each day such violation continues constitutes a separate offense. Acts 1993, ch. 185, § 17.
(a) Other than as provided for in a state or federal discharge permit, no person shall: (1) Discharge used oil into sewers, drainage systems, septic tanks, surface waters, groundwaters, water courses or marine waters; (2) Collect, store, recycle, use or dispose of used oil in any manner which endangers the public health or welfare; (3) Mix or comingle used oil with hazardous waste or polychlorinated biphenyls (PCBs) that make it unsuitable for recycling or beneficial use; or (4) Utilize used oil for road oiling, dust control, weed abatement or similar uses which have the potential to cause harm to the environment.
(1) Discharge used oil into sewers, drainage systems, septic tanks, surface waters, groundwaters, water courses or marine waters;
(2) Collect, store, recycle, use or dispose of used oil in any manner which endangers the public health or welfare;
(3) Mix or comingle used oil with hazardous waste or polychlorinated biphenyls (PCBs) that make it unsuitable for recycling or beneficial use; or
(4) Utilize used oil for road oiling, dust control, weed abatement or similar uses which have the potential to cause harm to the environment.
(b) Any person who: (1) Fails to comply with any provision of this part or any rule adopted pursuant to this part; (2) Fails to file any reports, records or documents required pursuant to this part; (3) Fails, neglects, or refuses to comply with any order issued pursuant to this part; or (4) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part; commits a Class C misdemeanor. Each day such violation continues constitutes a separate offense.
(1) Fails to comply with any provision of this part or any rule adopted pursuant to this part;
(2) Fails to file any reports, records or documents required pursuant to this part;
(3) Fails, neglects, or refuses to comply with any order issued pursuant to this part; or
(4) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part; commits a Class C misdemeanor. Each day such violation continues constitutes a separate offense.
commits a Class C misdemeanor. Each day such violation continues constitutes a separate offense.
Acts 1993, ch. 185, § 17.
Tenn. Code Ann. § 68-212-311 — TN Code / Title 68 / Chapter 212 / Section 68-212-311
Confidentiality of plans and reports
Status: in_force

A plan or annual progress report developed pursuant to this part and maintained at the generating facility shall not be considered a public record under title 10, chapter 7, part 5. The board shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is not revealed to any person without the consent of the person supplying such information. However, the summary information on waste reduction activities submitted to the department may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA) or any authorized representative of the commissioner or the board in connection with the responsibilities of the department or board pursuant to this part or as necessary to comply with federal law. Copies of any Form Rs, provided to the state and the EPA shall be available to the public from the Tennessee emergency management agency. Acts 1990, ch. 754, § 12; T.C.A., § 68-46-311; Acts 1992, ch. 877, § 1.
A plan or annual progress report developed pursuant to this part and maintained at the generating facility shall not be considered a public record under title 10, chapter 7, part 5. The board shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is not revealed to any person without the consent of the person supplying such information. However, the summary information on waste reduction activities submitted to the department may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA) or any authorized representative of the commissioner or the board in connection with the responsibilities of the department or board pursuant to this part or as necessary to comply with federal law. Copies of any Form Rs, provided to the state and the EPA shall be available to the public from the Tennessee emergency management agency.
Acts 1990, ch. 754, § 12; T.C.A., § 68-46-311; Acts 1992, ch. 877, § 1.
Tenn. Code Ann. § 68-202-508 — TN Code / Title 68 / Chapter 202 / Section 68-202-508
Show cause meetings - Written complaints - Emergency orders
Status: in_force

(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner or the commissioner's designee may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner or the commissioner's designee. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served. (c) Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing. Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-508.
(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner or the commissioner's designee may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner or the commissioner's designee. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served.
(c) Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-508.
Tenn. Code Ann. § 68-211-1018 — TN Code / Title 68 / Chapter 211 / Section 68-211-1018
Release - Cleanup
Status: in_force

Upon detection of a release of used oil or any other automotive fluid to the environment at an automotive fluid collection center and notification to the department, the following cleanup steps must be performed: (1) Stop the release; (2) Contain the released used oil or other automotive fluid; (3) Clean up and manage properly the released used oil or other automotive fluid and other materials; and (4) If necessary to prevent future releases, repair or replace any leaking used oil or other automotive fluid storage containers or tanks prior to returning them to service. Amended by 2016 Tenn. Acts, ch. 771,s 13, eff. 7/1/2016. Acts 1993, ch. 185, § 19.
Upon detection of a release of used oil or any other automotive fluid to the environment at an automotive fluid collection center and notification to the department, the following cleanup steps must be performed:
(1) Stop the release;
(2) Contain the released used oil or other automotive fluid;
(3) Clean up and manage properly the released used oil or other automotive fluid and other materials; and
(4) If necessary to prevent future releases, repair or replace any leaking used oil or other automotive fluid storage containers or tanks prior to returning them to service.
Amended by 2016 Tenn. Acts, ch. 771,s 13, eff. 7/1/2016.
Acts 1993, ch. 185, § 19.
Tenn. Code Ann. § 68-212-211 — TN Code / Title 68 / Chapter 212 / Section 68-212-211
Local government fees - State hazardous waste management fee
Status: in_force

(a) Any local government which has received the funds deposited in the responsible waste disposal incentive fund pursuant to § 68-212-210 may levy an additional fee on the disposal of hazardous wastes disposed of at the facility within its jurisdiction not to exceed the following: (1) Five dollars ($5.00) per ton on the land disposal of hazardous wastes; and (2) Two dollars and fifty cents ($2.50) per ton on the treatment of such wastes. (b) In addition to such local government fees, the board shall levy a state hazardous waste management fee on such commercial facility in a sum sufficient to replace the fees levied and appropriations made pursuant to § 68-212-203 . Such fees shall be structured to encourage the treatment, reduction and reclamation of hazardous wastes. At such time as such state fees are levied, all fees levied pursuant to § 68-212-203 shall be rescinded and the obligation to pay such fees shall cease to exist. (c) All fees levied pursuant to this section shall be paid quarterly by the owner or operator of the commercial facility to the department of revenue. Such department shall remit the local government fee to the county in which such facility is located and shall deposit the state fee in the fund. The board shall adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governing the collection of such fees and the records required to be maintained by such facility. Acts 1983, ch. 423, § 11; T.C.A., § 68-46-211.
(a) Any local government which has received the funds deposited in the responsible waste disposal incentive fund pursuant to § 68-212-210 may levy an additional fee on the disposal of hazardous wastes disposed of at the facility within its jurisdiction not to exceed the following: (1) Five dollars ($5.00) per ton on the land disposal of hazardous wastes; and (2) Two dollars and fifty cents ($2.50) per ton on the treatment of such wastes.
(1) Five dollars ($5.00) per ton on the land disposal of hazardous wastes; and
(2) Two dollars and fifty cents ($2.50) per ton on the treatment of such wastes.
(b) In addition to such local government fees, the board shall levy a state hazardous waste management fee on such commercial facility in a sum sufficient to replace the fees levied and appropriations made pursuant to § 68-212-203 . Such fees shall be structured to encourage the treatment, reduction and reclamation of hazardous wastes. At such time as such state fees are levied, all fees levied pursuant to § 68-212-203 shall be rescinded and the obligation to pay such fees shall cease to exist.
(c) All fees levied pursuant to this section shall be paid quarterly by the owner or operator of the commercial facility to the department of revenue. Such department shall remit the local government fee to the county in which such facility is located and shall deposit the state fee in the fund. The board shall adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governing the collection of such fees and the records required to be maintained by such facility.
Acts 1983, ch. 423, § 11; T.C.A., § 68-46-211.
Tenn. Code Ann. § 68-211-1015 — TN Code / Title 68 / Chapter 211 / Section 68-211-1015
Development of management standards for collection and recycling
Status: in_force

(a) The department shall develop management standards for used oil recycling and collection. Such standards shall comply with all rules and regulations of the federal environmental protection agency but shall not exceed such rules and regulations. (b) The underground storage tanks and solid waste disposal control board is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1993, ch. 185, § 16.
(a) The department shall develop management standards for used oil recycling and collection. Such standards shall comply with all rules and regulations of the federal environmental protection agency but shall not exceed such rules and regulations.
(b) The underground storage tanks and solid waste disposal control board is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1993, ch. 185, § 16.
Tenn. Code Ann. § 68-221-909 — TN Code / Title 68 / Chapter 221 / Section 68-221-909
Certification of operators - Responsibilities - Multiple functions
Status: in_force

(a) All operators of water and wastewater systems are encouraged to become certified, although this part requires only that a person in direct charge of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system be certified. (b) There is nothing in the part to prohibit a single person becoming a certified operator for more than one (1) of the functions listed in subsection (a). (c) It is permissible for one (1) certified operator to have the responsibility for more than one (1) water and/or wastewater system where two (2) or more systems are involved in reasonable proximity to one another, and where the duties of operation are such that the work time of one (1) person may properly be divided among two (2) or more systems, or where a certified operator may adequately supervise the work of others in more than one (1) system. Acts 1984, ch. 812, § 8; T.C.A., § 68-13-909.
(a) All operators of water and wastewater systems are encouraged to become certified, although this part requires only that a person in direct charge of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system be certified.
(b) There is nothing in the part to prohibit a single person becoming a certified operator for more than one (1) of the functions listed in subsection (a).
(c) It is permissible for one (1) certified operator to have the responsibility for more than one (1) water and/or wastewater system where two (2) or more systems are involved in reasonable proximity to one another, and where the duties of operation are such that the work time of one (1) person may properly be divided among two (2) or more systems, or where a certified operator may adequately supervise the work of others in more than one (1) system.
Acts 1984, ch. 812, § 8; T.C.A., § 68-13-909.
Tenn. Code Ann. § 68-204-106 — TN Code / Title 68 / Chapter 204 / Section 68-204-106
Organization of work of council - Rules of procedure - Meetings
Status: in_force

(a) To facilitate the work of the council and for administrative purposes, the chair of the council, with the consent and approval of the members, shall organize the work of the council to carry out the requirements of this chapter and to ensure the efficient operation of the council. (b) The council shall: (1) Adopt its own rules of procedure; (2) Meet quarterly, with members to be physically present at a minimum of two (2) quarterly meetings each calendar year. Members may also participate by teleconference call, provided that all other requirements of this subdivision (b)(2) are met. Emergency meetings may be called by the chair or upon petition by a majority of the council, with written notice being given to all members; and (3) Make nonsubstantive policy relating to the administrative operation of the council. Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
(a) To facilitate the work of the council and for administrative purposes, the chair of the council, with the consent and approval of the members, shall organize the work of the council to carry out the requirements of this chapter and to ensure the efficient operation of the council.
(b) The council shall: (1) Adopt its own rules of procedure; (2) Meet quarterly, with members to be physically present at a minimum of two (2) quarterly meetings each calendar year. Members may also participate by teleconference call, provided that all other requirements of this subdivision (b)(2) are met. Emergency meetings may be called by the chair or upon petition by a majority of the council, with written notice being given to all members; and (3) Make nonsubstantive policy relating to the administrative operation of the council.
(1) Adopt its own rules of procedure;
(2) Meet quarterly, with members to be physically present at a minimum of two (2) quarterly meetings each calendar year. Members may also participate by teleconference call, provided that all other requirements of this subdivision (b)(2) are met. Emergency meetings may be called by the chair or upon petition by a majority of the council, with written notice being given to all members; and
(3) Make nonsubstantive policy relating to the administrative operation of the council.
Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-212-404 — TN Code / Title 68 / Chapter 212 / Section 68-212-404
Rights of department
Status: in_force

(a) Nothing in this part is deemed to prohibit or limit the rights of the department to clean up sites or to obtain a lien on sites, pursuant to § 68-212-209 . (b) Nothing in this part is deemed to prohibit or limit the rights of the department to direct the holder to take any emergency response actions, including closure of the site, vessel or facility necessary to prevent, contain or mitigate a continuing or new discharge that poses an immediate threat to the environment or the public health, safety or welfare. Acts 1995, ch. 375, § 7.
(a) Nothing in this part is deemed to prohibit or limit the rights of the department to clean up sites or to obtain a lien on sites, pursuant to § 68-212-209 .
(b) Nothing in this part is deemed to prohibit or limit the rights of the department to direct the holder to take any emergency response actions, including closure of the site, vessel or facility necessary to prevent, contain or mitigate a continuing or new discharge that poses an immediate threat to the environment or the public health, safety or welfare.
Acts 1995, ch. 375, § 7.
Tenn. Code Ann. § 68-221-907 — TN Code / Title 68 / Chapter 221 / Section 68-221-907
Classification of facilities and systems
Status: in_force

The board shall classify all water treatment plants, wastewater treatment plants, water distribution systems, and wastewater collection systems with due regard to the size, type, physical conditions affecting such treatment plants, collection systems and distributions systems, and according to the skill, knowledge and experience that the operator must have to supervise successfully the operation of the plant or system, so as to protect the public health. Acts 1984, ch. 812, § 6; T.C.A., § 68-13-907.
The board shall classify all water treatment plants, wastewater treatment plants, water distribution systems, and wastewater collection systems with due regard to the size, type, physical conditions affecting such treatment plants, collection systems and distributions systems, and according to the skill, knowledge and experience that the operator must have to supervise successfully the operation of the plant or system, so as to protect the public health.
Acts 1984, ch. 812, § 6; T.C.A., § 68-13-907.
Tenn. Code Ann. § 68-221-1317 — TN Code / Title 68 / Chapter 221 / Section 68-221-1317
Compensation of board members
Status: in_force

The members of the board of commissioners may receive compensation for their services and shall receive per diem or reimbursement for necessary expenses. Acts 2007, ch. 250, § 1.
The members of the board of commissioners may receive compensation for their services and shall receive per diem or reimbursement for necessary expenses.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-211-828 — TN Code / Title 68 / Chapter 211 / Section 68-211-828
Competitive grants for collection of household hazardous waste
Status: in_force

(a) From funds available from the solid waste management fund, the department shall award competitive grants for collection of household hazardous waste at a permanent site to municipalities with a population of one hundred thousand (100,000) or more in counties with a population of two hundred eighty-seven thousand seven hundred (287,700), or more, according to the 1980 federal census or any subsequent federal census, and to the municipalities or counties that are determined by the department to be the next largest in terms of population or level of participation, or both, in mobile household hazardous waste collection events. (b) An eligible municipality or county may only receive one (1) grant for the establishment of a permanent household hazardous waste collection site; however, if funds are available from the solid waste management fund, the department may award a municipality or county that has established a permanent household hazardous waste collection site annual grants to assist the municipality or county in maintaining or operating, or both, the permanent household hazardous waste collection site. (c) A municipality or county that receives a grant pursuant to this section shall allow all residents of the county in which the site is located to use the site on the same basis. The mobile household hazardous waste collection service authorized by § 68-211-829 shall not be provided in a county in which there is a permanent household hazardous waste collection site that was funded through a grant pursuant to this section. Acts 1991, ch. 451, § 34; T.C.A., § 68-31-828; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 27; 2007 , ch. 462, § 9.
(a) From funds available from the solid waste management fund, the department shall award competitive grants for collection of household hazardous waste at a permanent site to municipalities with a population of one hundred thousand (100,000) or more in counties with a population of two hundred eighty-seven thousand seven hundred (287,700), or more, according to the 1980 federal census or any subsequent federal census, and to the municipalities or counties that are determined by the department to be the next largest in terms of population or level of participation, or both, in mobile household hazardous waste collection events.
(b) An eligible municipality or county may only receive one (1) grant for the establishment of a permanent household hazardous waste collection site; however, if funds are available from the solid waste management fund, the department may award a municipality or county that has established a permanent household hazardous waste collection site annual grants to assist the municipality or county in maintaining or operating, or both, the permanent household hazardous waste collection site.
(c) A municipality or county that receives a grant pursuant to this section shall allow all residents of the county in which the site is located to use the site on the same basis. The mobile household hazardous waste collection service authorized by § 68-211-829 shall not be provided in a county in which there is a permanent household hazardous waste collection site that was funded through a grant pursuant to this section.
Acts 1991, ch. 451, § 34; T.C.A., § 68-31-828; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 27; 2007 , ch. 462, § 9.
Tenn. Code Ann. § 68-211-503 — TN Code / Title 68 / Chapter 211 / Section 68-211-503
Rates charged by municipality - Right to enter into agreements
Status: in_force

The municipality, for the production of any energy, shall charge the usual rates for such heating or cooling and may combine it with any other energy source produced. The municipality shall also have the right to enter into any agreements necessary for the sale of recyclable materials and sale of fuel mixtures and supplements including the right to pledge the revenue from the sale of such energy to pay bonds or loans issued under any bond legislation or any other state legislation permitting energy recovery facilities and resource recovery facilities. Acts 1974, ch. 787, § 3; T.C.A., §§ 53-4340, 68-31-503.
The municipality, for the production of any energy, shall charge the usual rates for such heating or cooling and may combine it with any other energy source produced. The municipality shall also have the right to enter into any agreements necessary for the sale of recyclable materials and sale of fuel mixtures and supplements including the right to pledge the revenue from the sale of such energy to pay bonds or loans issued under any bond legislation or any other state legislation permitting energy recovery facilities and resource recovery facilities.
Acts 1974, ch. 787, § 3; T.C.A., §§ 53-4340, 68-31-503.
Tenn. Code Ann. § 68-212-405 — TN Code / Title 68 / Chapter 212 / Section 68-212-405
Security interest holders - Effect
Status: in_force

Nothing in this part shall be construed to require a holder of a security interest to conduct or require an environmental inspection, audit or assessment, and the liability of the holder of the security interest shall not be based on or affected by a failure to conduct an environmental inspection, audit or assessment. Acts 1995, ch. 375, § 8.
Nothing in this part shall be construed to require a holder of a security interest to conduct or require an environmental inspection, audit or assessment, and the liability of the holder of the security interest shall not be based on or affected by a failure to conduct an environmental inspection, audit or assessment.
Acts 1995, ch. 375, § 8.
Tenn. Code Ann. § 68-202-604 — TN Code / Title 68 / Chapter 202 / Section 68-202-604
Cooperation of state with board
Status: in_force

The departments, agencies and officers of this state and its subdivisions are authorized to cooperate with the board in the furtherance of any of its activities pursuant to the compact. Acts 1961, ch. 104, § 4; T.C.A., §§ 53-3504, 68-23-604.
The departments, agencies and officers of this state and its subdivisions are authorized to cooperate with the board in the furtherance of any of its activities pursuant to the compact.
Acts 1961, ch. 104, § 4; T.C.A., §§ 53-3504, 68-23-604.
Tenn. Code Ann. § 68-221-606 — TN Code / Title 68 / Chapter 221 / Section 68-221-606
Executive director - Other officers - Budget
Status: in_force

(a) The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority, and who shall enter into a contract with the executive director establishing such director's salary and term of office. (b) (1) The executive director shall appoint, and the board shall confirm, the following additional officers: (A) A secretary; (B) An auditor; (C) Legal counsel; (D) A treasurer; and (E) A chief engineer. (2) All other officers and employees of the authority shall be appointed by the executive director, subject to any civil service plan adopted by the board. (c) (1) The executive director shall prepare annually the operating budget of the authority and submit the same to the board for approval at least sixty (60) days prior to the beginning of the fiscal year. (2) If such budget shall not have been acted upon by the board on the first day of the fiscal year, it shall then automatically go into effect. (d) The executive director shall also submit such periodic reports to the board as it may direct. (e) The executive director shall attend all meetings of the board. Acts 1974, ch. 605, § 6; T.C.A., §§ 53-6006, 68-13-606.
(a) The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority, and who shall enter into a contract with the executive director establishing such director's salary and term of office.
(b) (1) The executive director shall appoint, and the board shall confirm, the following additional officers: (A) A secretary; (B) An auditor; (C) Legal counsel; (D) A treasurer; and (E) A chief engineer. (2) All other officers and employees of the authority shall be appointed by the executive director, subject to any civil service plan adopted by the board.
(1) The executive director shall appoint, and the board shall confirm, the following additional officers: (A) A secretary; (B) An auditor; (C) Legal counsel; (D) A treasurer; and (E) A chief engineer.
(A) A secretary;
(B) An auditor;
(C) Legal counsel;
(D) A treasurer; and
(E) A chief engineer.
(2) All other officers and employees of the authority shall be appointed by the executive director, subject to any civil service plan adopted by the board.
(c) (1) The executive director shall prepare annually the operating budget of the authority and submit the same to the board for approval at least sixty (60) days prior to the beginning of the fiscal year. (2) If such budget shall not have been acted upon by the board on the first day of the fiscal year, it shall then automatically go into effect.
(1) The executive director shall prepare annually the operating budget of the authority and submit the same to the board for approval at least sixty (60) days prior to the beginning of the fiscal year.
(2) If such budget shall not have been acted upon by the board on the first day of the fiscal year, it shall then automatically go into effect.
(d) The executive director shall also submit such periodic reports to the board as it may direct.
(e) The executive director shall attend all meetings of the board.
Acts 1974, ch. 605, § 6; T.C.A., §§ 53-6006, 68-13-606.
Tenn. Code Ann. § 68-211-304 — TN Code / Title 68 / Chapter 211 / Section 68-211-304
Tire environmental fund
Status: in_force

(a) There is created a special account in the state treasury to be known as the tire environmental fund. (b) Moneys shall be deposited in the fund as provided in § 68-211-303(c) . (c) Moneys in the fund shall be used exclusively by the department of environment and conservation in accordance with § 68-211-305 . (d) Moneys in the fund may be invested by the state treasurer in accordance with § 9-4-602 . (e) Notwithstanding any law to the contrary, interest accruing on investments and deposits of the fund shall be credited to such fund, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year. (f) Any balance in the fund remaining unexpended at the end of a fiscal year shall not revert to the general fund but shall be carried forward into the subsequent fiscal year. Added by 2015 Tenn. Acts, ch. 525, s 1, eff. 10/1/2015.
(a) There is created a special account in the state treasury to be known as the tire environmental fund.
(b) Moneys shall be deposited in the fund as provided in § 68-211-303(c) .
(c) Moneys in the fund shall be used exclusively by the department of environment and conservation in accordance with § 68-211-305 .
(d) Moneys in the fund may be invested by the state treasurer in accordance with § 9-4-602 .
(e) Notwithstanding any law to the contrary, interest accruing on investments and deposits of the fund shall be credited to such fund, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year.
(f) Any balance in the fund remaining unexpended at the end of a fiscal year shall not revert to the general fund but shall be carried forward into the subsequent fiscal year.
Added by 2015 Tenn. Acts, ch. 525, s 1, eff. 10/1/2015.
Tenn. Code Ann. § 68-202-410 — TN Code / Title 68 / Chapter 202 / Section 68-202-410
Ownership of facilities and radioactive sources
Status: in_force

(a) Recognizing the uncertainty of the existence of a person or corporation in perpetuity and further recognizing the obligation of the state to protect the public health, safety and welfare, all lands, buildings, and assets acquired by the state under this part shall be held in fee simple absolute by the state and dedicated in perpetuity to the maintenance of the public health, safety or welfare. (b) All radioactive sources stored, possessed, or located on the facility at the time of acquisition of ownership by the state shall become the property of the state. Acts 1976, ch. 475, § 10; T.C.A., §§ 53-3332, 68-23-410.
(a) Recognizing the uncertainty of the existence of a person or corporation in perpetuity and further recognizing the obligation of the state to protect the public health, safety and welfare, all lands, buildings, and assets acquired by the state under this part shall be held in fee simple absolute by the state and dedicated in perpetuity to the maintenance of the public health, safety or welfare.
(b) All radioactive sources stored, possessed, or located on the facility at the time of acquisition of ownership by the state shall become the property of the state.
Acts 1976, ch. 475, § 10; T.C.A., §§ 53-3332, 68-23-410.
Tenn. Code Ann. § 68-211-1017 — TN Code / Title 68 / Chapter 211 / Section 68-211-1017
Notice to public concerning proper oil collection and recycling - Signs
Status: in_force

(a) (1) A retailer of automotive oil that is not a used oil collection center shall post and maintain on the retailer's premises, at or near the point of the automotive oil display or sale, a durable and legible sign (minimum size of eight and one-half by eleven inches (81/2" x 11")) that informs the public of the importance of the proper collection and disposal of used oil from DIYers and that contains the toll-free number established by the department pursuant to § 68-211-1005 . The department shall design and provide the signs upon request. (2) A retailer of any other automotive fluid may request from the department a sign to post on the retailer's premises that informs the public of the importance of the proper collection and disposal of other automotive fluids from DIYers and that contains the toll-free number established by the department pursuant to § 68-211-1005 . The department shall design and provide the signs upon request. (b) The department shall, upon the request of: (1) A used oil collection center, design and provide a sign that identifies used oil collection centers; and (2) An automotive fluid collection center that accepts other automotive fluids, design and provide a sign that identifies automotive fluid collection centers. (c) The department may approve signs for display by retailers or collection centers that are submitted for such approval and, if approved, such signs may be displayed in lieu of signs designed by the department. (d) Any sign provided or approved by the department pursuant to subsection (a), (b), or (c) shall be exempt from any sign regulation by local government. Such signs shall not be included as part of any maximum sign allowance pursuant to any local government regulation. Amended by 2016 Tenn. Acts, ch. 771, Secs.s 11, s 12 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 771, s 10, eff. 7/1/2016. Acts 1993, ch. 185, § 18.
(a) (1) A retailer of automotive oil that is not a used oil collection center shall post and maintain on the retailer's premises, at or near the point of the automotive oil display or sale, a durable and legible sign (minimum size of eight and one-half by eleven inches (81/2" x 11")) that informs the public of the importance of the proper collection and disposal of used oil from DIYers and that contains the toll-free number established by the department pursuant to § 68-211-1005 . The department shall design and provide the signs upon request. (2) A retailer of any other automotive fluid may request from the department a sign to post on the retailer's premises that informs the public of the importance of the proper collection and disposal of other automotive fluids from DIYers and that contains the toll-free number established by the department pursuant to § 68-211-1005 . The department shall design and provide the signs upon request.
(1) A retailer of automotive oil that is not a used oil collection center shall post and maintain on the retailer's premises, at or near the point of the automotive oil display or sale, a durable and legible sign (minimum size of eight and one-half by eleven inches (81/2" x 11")) that informs the public of the importance of the proper collection and disposal of used oil from DIYers and that contains the toll-free number established by the department pursuant to § 68-211-1005 . The department shall design and provide the signs upon request.
(2) A retailer of any other automotive fluid may request from the department a sign to post on the retailer's premises that informs the public of the importance of the proper collection and disposal of other automotive fluids from DIYers and that contains the toll-free number established by the department pursuant to § 68-211-1005 . The department shall design and provide the signs upon request.
(b) The department shall, upon the request of: (1) A used oil collection center, design and provide a sign that identifies used oil collection centers; and (2) An automotive fluid collection center that accepts other automotive fluids, design and provide a sign that identifies automotive fluid collection centers.
(1) A used oil collection center, design and provide a sign that identifies used oil collection centers; and
(2) An automotive fluid collection center that accepts other automotive fluids, design and provide a sign that identifies automotive fluid collection centers.
(c) The department may approve signs for display by retailers or collection centers that are submitted for such approval and, if approved, such signs may be displayed in lieu of signs designed by the department.
(d) Any sign provided or approved by the department pursuant to subsection (a), (b), or (c) shall be exempt from any sign regulation by local government. Such signs shall not be included as part of any maximum sign allowance pursuant to any local government regulation.
Amended by 2016 Tenn. Acts, ch. 771, Secs.s 11, s 12 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 771, s 10, eff. 7/1/2016.
Acts 1993, ch. 185, § 18.
Tenn. Code Ann. § 68-211-207 — TN Code / Title 68 / Chapter 211 / Section 68-211-207
Establishment and maintenance of link on the department of revenue's website
Status: in_force

The department of revenue shall establish and maintain a link on the department of revenue's website to information concerning the Mercury Product Disposal Control Act. The link shall appear on a prominent page on the department of revenue's website in a location that the department of revenue determines is likely to direct taxpayers to such information. The department shall provide information to the department of revenue that is necessary to establish and maintain the link, including any necessary updates. Acts 2010 , ch. 840, § 8.
The department of revenue shall establish and maintain a link on the department of revenue's website to information concerning the Mercury Product Disposal Control Act. The link shall appear on a prominent page on the department of revenue's website in a location that the department of revenue determines is likely to direct taxpayers to such information. The department shall provide information to the department of revenue that is necessary to establish and maintain the link, including any necessary updates.
Acts 2010 , ch. 840, § 8.
Tenn. Code Ann. § 68-211-920 — TN Code / Title 68 / Chapter 211 / Section 68-211-920
Contracts with solid waste authorities - Municipal corporations and counties - With taxing power - Without taxing power
Status: in_force

(a) Whenever, and as often as, a municipal corporation or county having taxing power enters into a contract with a solid waste authority or other contracting party under this part, the governing body of such municipal corporation or county shall provide by resolution for the levy and collection of a tax sufficient to pay when due the annual amount payable under such contract as and when it becomes due and payable, and to pay any expenses of maintaining and operating the project required to be paid by the municipal corporation or county under the terms of such contract or by instrument collateral thereto and, furthermore, to pledge such tax and the full faith and credit of the municipal corporation or county to such payments. Such tax shall be assessed, levied, collected and paid in like manner as other taxes of the municipal corporation or county. Such tax shall not be included within any statutory or other limitation of rate or amount for such municipal corporation or county, but shall be excluded therefrom and be in addition thereto and in excess thereof, notwithstanding and without regard to the prohibitions, restrictions or requirements of any other law, whether public or private. There shall be set aside from such tax levy into a special fund an amount sufficient for the payment of the annual amount due under any such contract, and the money in such fund shall be used exclusively for such purpose and shall not be used for any other purpose until such annual amount has been paid in full. The foregoing shall not be construed to limit the power of the authority or other contracting party to enter into contracts with a municipal corporation not having the power of taxation. (b) The governing body of any municipal corporation not having the power of taxation and the state of Tennessee shall, upon entering into a lease, loan agreement or sales contract with a public building authority or other contracting party, make adequate provision for the payment of the annual amount payable under the lease, loan agreement or sales contract. Acts 1991, ch. 451, § 77; T.C.A., § 68-31-920.
(a) Whenever, and as often as, a municipal corporation or county having taxing power enters into a contract with a solid waste authority or other contracting party under this part, the governing body of such municipal corporation or county shall provide by resolution for the levy and collection of a tax sufficient to pay when due the annual amount payable under such contract as and when it becomes due and payable, and to pay any expenses of maintaining and operating the project required to be paid by the municipal corporation or county under the terms of such contract or by instrument collateral thereto and, furthermore, to pledge such tax and the full faith and credit of the municipal corporation or county to such payments. Such tax shall be assessed, levied, collected and paid in like manner as other taxes of the municipal corporation or county. Such tax shall not be included within any statutory or other limitation of rate or amount for such municipal corporation or county, but shall be excluded therefrom and be in addition thereto and in excess thereof, notwithstanding and without regard to the prohibitions, restrictions or requirements of any other law, whether public or private. There shall be set aside from such tax levy into a special fund an amount sufficient for the payment of the annual amount due under any such contract, and the money in such fund shall be used exclusively for such purpose and shall not be used for any other purpose until such annual amount has been paid in full. The foregoing shall not be construed to limit the power of the authority or other contracting party to enter into contracts with a municipal corporation not having the power of taxation.
(b) The governing body of any municipal corporation not having the power of taxation and the state of Tennessee shall, upon entering into a lease, loan agreement or sales contract with a public building authority or other contracting party, make adequate provision for the payment of the annual amount payable under the lease, loan agreement or sales contract.
Acts 1991, ch. 451, § 77; T.C.A., § 68-31-920.
Tenn. Code Ann. § 68-211-863 — TN Code / Title 68 / Chapter 211 / Section 68-211-863
Sites for collection of recyclable materials - Annual reports
Status: in_force

Effective January 1, 1996, each county shall provide directly, by contract or through a solid waste authority, one (1) or more sites for collection of recyclable materials within the county, unless an adequate site for collection of recyclable materials is otherwise available to the residents of the county. Acts 1991, ch. 451, § 27; T.C.A., § 68-31-863; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 39.
Effective January 1, 1996, each county shall provide directly, by contract or through a solid waste authority, one (1) or more sites for collection of recyclable materials within the county, unless an adequate site for collection of recyclable materials is otherwise available to the residents of the county.
Acts 1991, ch. 451, § 27; T.C.A., § 68-31-863; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 39.
Tenn. Code Ann. § 68-211-803 — TN Code / Title 68 / Chapter 211 / Section 68-211-803
Public policy
Status: in_force

(a) It is declared to be the policy of this state, in furtherance of its responsibility to protect the public health, safety and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive, integrated, statewide program for solid waste management, which will assure that solid waste facilities, whether publicly or privately operated, do not adversely affect the health, safety and well-being of the public and do not degrade the quality of the environment by reason of their location, design, method of operation or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste. (b) It is further declared to be the policy of this state to educate and encourage generators and handlers of solid waste to reduce and minimize to the greatest extent possible the amount of solid waste which requires collection, treatment, incineration or disposal through source reduction, reuse, composting, recycling and other methods. (c) It is further declared to be the policy of this state to promote markets for, and engage in the purchase of, goods made from recovered materials and goods which are recyclable. Acts 1991, ch. 451, § 3; T.C.A., § 68-31-803.
(a) It is declared to be the policy of this state, in furtherance of its responsibility to protect the public health, safety and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive, integrated, statewide program for solid waste management, which will assure that solid waste facilities, whether publicly or privately operated, do not adversely affect the health, safety and well-being of the public and do not degrade the quality of the environment by reason of their location, design, method of operation or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste.
(b) It is further declared to be the policy of this state to educate and encourage generators and handlers of solid waste to reduce and minimize to the greatest extent possible the amount of solid waste which requires collection, treatment, incineration or disposal through source reduction, reuse, composting, recycling and other methods.
(c) It is further declared to be the policy of this state to promote markets for, and engage in the purchase of, goods made from recovered materials and goods which are recyclable.
Acts 1991, ch. 451, § 3; T.C.A., § 68-31-803.
Tenn. Code Ann. § 68-215-122 — TN Code / Title 68 / Chapter 215 / Section 68-215-122
Injunctions
Status: in_force

In addition to the penalties provided elsewhere in this chapter, the commissioner may cause the enforcement of any orders, rules, or regulations issued by the commissioner or the board to carry out this chapter by instituting legal proceedings to enjoin the actual or threatened violation of this chapter, and the order, and regulations of the commissioner or orders of the board in the chancery court of Davidson County or in the county where all or part of the violation has or is about to occur, in the name of the department, by a staff attorney and under the supervision of the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings will not be tried by jury. Acts 1988, ch. 984, § 24; T.C.A., § 68-53-122.
In addition to the penalties provided elsewhere in this chapter, the commissioner may cause the enforcement of any orders, rules, or regulations issued by the commissioner or the board to carry out this chapter by instituting legal proceedings to enjoin the actual or threatened violation of this chapter, and the order, and regulations of the commissioner or orders of the board in the chancery court of Davidson County or in the county where all or part of the violation has or is about to occur, in the name of the department, by a staff attorney and under the supervision of the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings will not be tried by jury.
Acts 1988, ch. 984, § 24; T.C.A., § 68-53-122.
Tenn. Code Ann. § 68-212-121 — TN Code / Title 68 / Chapter 212 / Section 68-212-121
Employer's liability for employee's motor vehicle accidents involving hazardous wastes or substances
Status: in_force

If any person who is driving on a Tennessee road, highway, interstate or other thoroughfare or rightfully in physical control of any motor vehicle containing a hazardous waste or hazardous substance as defined in § 68-131-102 is adjudicated to have been at fault in a court of competent jurisdiction for an accident resulting in a spill of such hazardous waste or hazardous substance, the employer of such person shall be jointly and severally responsible for damages incurred as a result of the spill, and any reasonable clean-up costs incurred by the governmental agency or the state or any political subdivision thereunder, which may result from the spill. In the event of a dispute concerning the reasonableness of assessed clean-up costs or damages, a court of competent jurisdiction shall determine the reasonableness of such costs and damages. Acts 1991, ch. 130, § 3; T.C.A., § 68-46-121.
If any person who is driving on a Tennessee road, highway, interstate or other thoroughfare or rightfully in physical control of any motor vehicle containing a hazardous waste or hazardous substance as defined in § 68-131-102 is adjudicated to have been at fault in a court of competent jurisdiction for an accident resulting in a spill of such hazardous waste or hazardous substance, the employer of such person shall be jointly and severally responsible for damages incurred as a result of the spill, and any reasonable clean-up costs incurred by the governmental agency or the state or any political subdivision thereunder, which may result from the spill. In the event of a dispute concerning the reasonableness of assessed clean-up costs or damages, a court of competent jurisdiction shall determine the reasonableness of such costs and damages.
Acts 1991, ch. 130, § 3; T.C.A., § 68-46-121.
Tenn. Code Ann. § 68-212-216 — TN Code / Title 68 / Chapter 212 / Section 68-212-216
Right of entry by commissioner - Penalties
Status: in_force

(a) The commissioner or the commissioner's designee has the right to enter any place where hazardous substances or substances which may be hazardous are, or may have been generated, stored, transported, treated, disposed of, or otherwise handled. The commissioner has the right to enter any other property which must be entered in order to reach the hazardous substance site. (b) Any entry by the commissioner for activities authorized in this section shall be construed as an exercise of police power and shall not be construed as an act of condemnation of property or of trespass. (c) Any person who refuses entry to the commissioner for activities authorized in this section shall be subject to a fine of up to one thousand dollars ($1,000). In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000), as described in § 68-212-213 . (d) Each refusal of entry or act preventing sample collection shall constitute a separate offense. Acts 1983, ch. 423, § 16; 1986, ch. 644, § 19; T.C.A., § 68-46-216.
(a) The commissioner or the commissioner's designee has the right to enter any place where hazardous substances or substances which may be hazardous are, or may have been generated, stored, transported, treated, disposed of, or otherwise handled. The commissioner has the right to enter any other property which must be entered in order to reach the hazardous substance site.
(b) Any entry by the commissioner for activities authorized in this section shall be construed as an exercise of police power and shall not be construed as an act of condemnation of property or of trespass.
(c) Any person who refuses entry to the commissioner for activities authorized in this section shall be subject to a fine of up to one thousand dollars ($1,000). In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000), as described in § 68-212-213 .
(d) Each refusal of entry or act preventing sample collection shall constitute a separate offense.
Acts 1983, ch. 423, § 16; 1986, ch. 644, § 19; T.C.A., § 68-46-216.
Tenn. Code Ann. § 68-211-118 — TN Code / Title 68 / Chapter 211 / Section 68-211-118
No permits for landfills violating Section 11-13-111 - Exemptions
Status: in_force

(a) No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate § 11-13-111 . (b) Section 11-13-111 and this section do not apply to the expansion of any landfill for the disposal of solid wastes currently owned and operated by a county which holds a permit issued prior to May 1, 1990, and which is operating with a valid permit on May 22, 1991. Acts 1990, ch. 1077, § 2; 1991, ch. 431, § 1; T.C.A., § 68-31-118.
(a) No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate § 11-13-111 .
(b) Section 11-13-111 and this section do not apply to the expansion of any landfill for the disposal of solid wastes currently owned and operated by a county which holds a permit issued prior to May 1, 1990, and which is operating with a valid permit on May 22, 1991.
Acts 1990, ch. 1077, § 2; 1991, ch. 431, § 1; T.C.A., § 68-31-118.
Tenn. Code Ann. § 68-212-226 — TN Code / Title 68 / Chapter 212 / Section 68-212-226
Grants or loans from federal or matching funds - Tax increment financing
Status: in_force

(a) From any federal funds available to the department and any state funds used as a match to obtain those federal funds, the commissioner may, in the commissioner's discretion, provide grants and/or loans to municipalities, counties and/or other governmental instrumentalities to conduct screening, investigation, remediation, containment, cleanup and/or closure of inactive hazardous substance sites, solid waste disposal sites or brownfield projects under the authority of any statute administered by the department. (b) A brownfield project shall be deemed to be within the term "project" as that term is defined in § 7-53-101 . Any local government having jurisdiction over any part of a brownfield project is authorized to use tax increment financing for such project pursuant to § 13-20-205 . Acts 2001, ch. 449, § 9.
(a) From any federal funds available to the department and any state funds used as a match to obtain those federal funds, the commissioner may, in the commissioner's discretion, provide grants and/or loans to municipalities, counties and/or other governmental instrumentalities to conduct screening, investigation, remediation, containment, cleanup and/or closure of inactive hazardous substance sites, solid waste disposal sites or brownfield projects under the authority of any statute administered by the department.
(b) A brownfield project shall be deemed to be within the term "project" as that term is defined in § 7-53-101 . Any local government having jurisdiction over any part of a brownfield project is authorized to use tax increment financing for such project pursuant to § 13-20-205 .
Acts 2001, ch. 449, § 9.
Tenn. Code Ann. § 68-221-811 — TN Code / Title 68 / Chapter 221 / Section 68-221-811
Audits of municipalities
Status: in_force

(a) The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that audits of those municipalities receiving grants under this part are conducted to determine whether the municipalities are continuing to comply with all applicable requirements of this part. (b) These audits are to be prepared in accordance with § 6-56-105 . (c) The auditor shall report directly to the comptroller of the treasury and the department of environment and conservation, in a compliance management letter, such auditor's findings on the compliance or noncompliance of the municipality with the terms of the grants and all applicable requirements of this part. Acts 1984, ch. 768, § 12; T.C.A., § 68-13-811.
(a) The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that audits of those municipalities receiving grants under this part are conducted to determine whether the municipalities are continuing to comply with all applicable requirements of this part.
(b) These audits are to be prepared in accordance with § 6-56-105 .
(c) The auditor shall report directly to the comptroller of the treasury and the department of environment and conservation, in a compliance management letter, such auditor's findings on the compliance or noncompliance of the municipality with the terms of the grants and all applicable requirements of this part.
Acts 1984, ch. 768, § 12; T.C.A., § 68-13-811.
Tenn. Code Ann. § 68-211-806 — TN Code / Title 68 / Chapter 211 / Section 68-211-806
Research and development regarding using solid waste materials as raw materials to create jobs, business and compost
Status: in_force

(a) Tennessee State University and Middle Tennessee State University may research and develop methods to address how to use the materials in solid waste as raw materials to create jobs, business and compost. (b) Such research by the universities may include how to divert food waste and yard waste, which make up twenty-five percent (25%) of the waste stream, from landfills to create useful compost and clean methane gas. (c) Such methods and research may be made available to government agencies and others involved in solid waste reform. Such research and work shall be funded entirely from nonstate sources. (d) The universities will demonstrate the extent to which such reforms are cost effective. For example, that diversion of materials in solid waste as raw materials in business and compost creates jobs and profits. Acts 2010 , ch. 698, § 1.
(a) Tennessee State University and Middle Tennessee State University may research and develop methods to address how to use the materials in solid waste as raw materials to create jobs, business and compost.
(b) Such research by the universities may include how to divert food waste and yard waste, which make up twenty-five percent (25%) of the waste stream, from landfills to create useful compost and clean methane gas.
(c) Such methods and research may be made available to government agencies and others involved in solid waste reform. Such research and work shall be funded entirely from nonstate sources.
(d) The universities will demonstrate the extent to which such reforms are cost effective. For example, that diversion of materials in solid waste as raw materials in business and compost creates jobs and profits.
Acts 2010 , ch. 698, § 1.
Tenn. Code Ann. § 68-212-309 — TN Code / Title 68 / Chapter 212 / Section 68-212-309
Violations - Civil penalties
Status: in_force

Any generator or person who: (1) Fails to file or make available to the department any reports, records or documents required pursuant to this part; (2) Fails, neglects or refuses to comply with any provision of this part or any order issued pursuant to this part; or (3) Knowingly gives or causes to be given any false information in any reports, records or documents required pursuant to this part; is subject to a civil penalty of up to ten thousand dollars ($10,000). Any such penalty shall be assessed in the same manner as in § 68-212-114 . Each day such violation continues constitutes a separate offense. Acts 1990, ch. 754, § 10; T.C.A., § 68-46-309; Acts 2007 , ch. 362, § 34.
Any generator or person who:
(1) Fails to file or make available to the department any reports, records or documents required pursuant to this part;
(2) Fails, neglects or refuses to comply with any provision of this part or any order issued pursuant to this part; or
(3) Knowingly gives or causes to be given any false information in any reports, records or documents required pursuant to this part; is subject to a civil penalty of up to ten thousand dollars ($10,000). Any such penalty shall be assessed in the same manner as in § 68-212-114 . Each day such violation continues constitutes a separate offense.
is subject to a civil penalty of up to ten thousand dollars ($10,000). Any such penalty shall be assessed in the same manner as in § 68-212-114 . Each day such violation continues constitutes a separate offense.
Acts 1990, ch. 754, § 10; T.C.A., § 68-46-309; Acts 2007 , ch. 362, § 34.
Tenn. Code Ann. § 68-202-307 — TN Code / Title 68 / Chapter 202 / Section 68-202-307
Legal proceedings to enforce lien
Status: in_force

The commissioner is authorized to institute legal proceedings, within thirty (30) days after such nonpayment, to enforce the lien in any court of record, and the commissioner may join one (1) or more parties occupying the same or different premises in the same action. Acts 1974, ch. 678, § 7; T.C.A., §§ 53-3320, 68-23-307.
The commissioner is authorized to institute legal proceedings, within thirty (30) days after such nonpayment, to enforce the lien in any court of record, and the commissioner may join one (1) or more parties occupying the same or different premises in the same action.
Acts 1974, ch. 678, § 7; T.C.A., §§ 53-3320, 68-23-307.
Tenn. Code Ann. § 68-211-303 — TN Code / Title 68 / Chapter 211 / Section 68-211-303
Tire environmental fee
Status: in_force

(a) There is imposed on each purchase of a new motor vehicle to be titled and registered in this state a tire environmental fee as follows: (1) Five dollars ($5.00) for a motor vehicle with four (4) or fewer wheels; (2) Ten dollars ($10.00) for a motor vehicle with more than four (4) but fewer than eleven (11) wheels; and (3) Fifteen dollars ($15.00) for a motor vehicle with eleven (11) or more wheels. (b) The fee imposed by this section shall be collected by the seller from the purchaser at the time of purchase. (c) Fees collected shall be remitted to the department of revenue in a manner prescribed by the commissioner. All fees collected, less an amount to cover the actual expenses of administration by the department, shall be credited to the tire environmental fund. (d) Notwithstanding any law to the contrary, fees imposed by this section shall be exempt from sales and use tax and business tax liability regardless of whether the fee is included in the purchase price of a new motor vehicle or is paid separately at the time of purchase. Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
(a) There is imposed on each purchase of a new motor vehicle to be titled and registered in this state a tire environmental fee as follows: (1) Five dollars ($5.00) for a motor vehicle with four (4) or fewer wheels; (2) Ten dollars ($10.00) for a motor vehicle with more than four (4) but fewer than eleven (11) wheels; and (3) Fifteen dollars ($15.00) for a motor vehicle with eleven (11) or more wheels.
(1) Five dollars ($5.00) for a motor vehicle with four (4) or fewer wheels;
(2) Ten dollars ($10.00) for a motor vehicle with more than four (4) but fewer than eleven (11) wheels; and
(3) Fifteen dollars ($15.00) for a motor vehicle with eleven (11) or more wheels.
(b) The fee imposed by this section shall be collected by the seller from the purchaser at the time of purchase.
(c) Fees collected shall be remitted to the department of revenue in a manner prescribed by the commissioner. All fees collected, less an amount to cover the actual expenses of administration by the department, shall be credited to the tire environmental fund.
(d) Notwithstanding any law to the contrary, fees imposed by this section shall be exempt from sales and use tax and business tax liability regardless of whether the fee is included in the purchase price of a new motor vehicle or is paid separately at the time of purchase.
Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
Tenn. Code Ann. § 68-201-113 — TN Code / Title 68 / Chapter 201 / Section 68-201-113
Existing civil or criminal remedies not impaired
Status: in_force

No existing civil or criminal remedy for any wrongful action that is a violation of any provision of this part or that is a violation of any rule or regulation of the board promulgated under this part shall be impaired by this part. Acts 1967, ch. 367, § 13; 1979, ch. 299, § 7; T.C.A., §§ 53-3420, 68-25-113.
No existing civil or criminal remedy for any wrongful action that is a violation of any provision of this part or that is a violation of any rule or regulation of the board promulgated under this part shall be impaired by this part.
Acts 1967, ch. 367, § 13; 1979, ch. 299, § 7; T.C.A., §§ 53-3420, 68-25-113.
Tenn. Code Ann. § 68-202-504 — TN Code / Title 68 / Chapter 202 / Section 68-202-504
Annual registration
Status: in_force

Every qualified individual and every person who assembles, installs, or services radiation machines shall register annually with the department. Acts 1993, ch. 143, § 7.
Every qualified individual and every person who assembles, installs, or services radiation machines shall register annually with the department.
Acts 1993, ch. 143, § 7.
Tenn. Code Ann. § 68-221-602 — TN Code / Title 68 / Chapter 221 / Section 68-221-602
Authorities created as public and governmental bodies - Property and revenue exempt from taxes
Status: in_force

(a) It is declared that water and wastewater treatment authorities created pursuant to this part shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating governmental entities; and that the acquisition, operation and finance of water and wastewater treatment works by such authorities is declared to be for a public and governmental purpose and a matter of public necessity. (b) The property and revenues of the authority, or any interest therein, are exempt from all state, county and municipal taxation. Acts 1974, ch. 605, § 2; T.C.A., §§ 53-6002, 68-13-602.
(a) It is declared that water and wastewater treatment authorities created pursuant to this part shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating governmental entities; and that the acquisition, operation and finance of water and wastewater treatment works by such authorities is declared to be for a public and governmental purpose and a matter of public necessity.
(b) The property and revenues of the authority, or any interest therein, are exempt from all state, county and municipal taxation.
Acts 1974, ch. 605, § 2; T.C.A., §§ 53-6002, 68-13-602.
Tenn. Code Ann. § 68-221-1012 — TN Code / Title 68 / Chapter 221 / Section 68-221-1012
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 463, s 41, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 657, s 12, eff. 3/15/2022. Amended by 2014 Tenn. Acts, ch. 628, Secs.s 16, s 17 eff. 4/4/2014. Amended by 2013 Tenn. Acts, ch. 141, s 8, eff. 4/12/2013. Acts 1987, ch. 299, § 12; T.C.A., § 68-13-1012; Acts 1997 , ch. 483, § 19; 2007 , ch. 243, § 8; 2011 , ch. 392, § 2.
Repealed by 2023 Tenn. Acts, ch. 463, s 41, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 657, s 12, eff. 3/15/2022.
Amended by 2014 Tenn. Acts, ch. 628, Secs.s 16, s 17 eff. 4/4/2014.
Amended by 2013 Tenn. Acts, ch. 141, s 8, eff. 4/12/2013.
Acts 1987, ch. 299, § 12; T.C.A., § 68-13-1012; Acts 1997 , ch. 483, § 19; 2007 , ch. 243, § 8; 2011 , ch. 392, § 2.
Tenn. Code Ann. § 68-221-507 — TN Code / Title 68 / Chapter 221 / Section 68-221-507
Additional agreements or securities required for issuance of bonds
Status: in_force

The authority has the right to enter into such further agreements with a municipality and require such further guarantees or securities as it may see fit prior to, or simultaneously with, the issuance of bonds, or to refuse to issue such bonds until such agreements or securities, in any form which the authority may elect, are agreed to or are obtained. Acts 1974, ch. 671, § 7; T.C.A., § 53-2061; Acts 1989, ch. 233, § 30; T.C.A., § 68-13-507.
The authority has the right to enter into such further agreements with a municipality and require such further guarantees or securities as it may see fit prior to, or simultaneously with, the issuance of bonds, or to refuse to issue such bonds until such agreements or securities, in any form which the authority may elect, are agreed to or are obtained.
Acts 1974, ch. 671, § 7; T.C.A., § 53-2061; Acts 1989, ch. 233, § 30; T.C.A., § 68-13-507.
Tenn. Code Ann. § 68-211-804 — TN Code / Title 68 / Chapter 211 / Section 68-211-804
Applicability
Status: in_force

Unless specifically otherwise provided, this part does not apply to: (1) Hazardous waste, regulated pursuant to chapter 212 of this title, except household hazardous waste; (2) Infectious waste; (3) Radioactive waste; or (4) Industrial waste, which may include office, domestic or cafeteria waste, managed in a privately owned solid waste disposal system or resource recovery facility, if such waste is generated solely by the owner of the solid waste disposal system or resource recovery facility. Acts 1991, ch. 451, § 4; T.C.A., § 68-31-804.
Unless specifically otherwise provided, this part does not apply to:
(1) Hazardous waste, regulated pursuant to chapter 212 of this title, except household hazardous waste;
(2) Infectious waste;
(3) Radioactive waste; or
(4) Industrial waste, which may include office, domestic or cafeteria waste, managed in a privately owned solid waste disposal system or resource recovery facility, if such waste is generated solely by the owner of the solid waste disposal system or resource recovery facility.
Acts 1991, ch. 451, § 4; T.C.A., § 68-31-804.
Tenn. Code Ann. § 68-211-907 — TN Code / Title 68 / Chapter 211 / Section 68-211-907
Exclusion or regulation of waste
Status: in_force

To the extent that a region's plan permits, an authority may restrict access to its solid waste disposal facilities by excluding waste originating with persons or entities outside the region. An authority may regulate the flow of all municipal solid waste within the county or counties constituting the authority. The authority may require the disposal of any transported waste at a specific solid waste disposal facility. Acts 1991, ch. 451, § 64; T.C.A., § 68-31-907.
To the extent that a region's plan permits, an authority may restrict access to its solid waste disposal facilities by excluding waste originating with persons or entities outside the region. An authority may regulate the flow of all municipal solid waste within the county or counties constituting the authority. The authority may require the disposal of any transported waste at a specific solid waste disposal facility.
Acts 1991, ch. 451, § 64; T.C.A., § 68-31-907.
Tenn. Code Ann. § 68-204-109 — TN Code / Title 68 / Chapter 204 / Section 68-204-109
Energy resources fund
Status: in_force

(a) There is created a special account in the state treasury to be administered by the office of the comptroller of the treasury and to be known as the energy policy development resources fund, referred to in this section as the "energy resources fund." (b) The comptroller may disburse moneys in the energy resources fund to the council for the following purposes: (1) Developing the comprehensive state energy policy plan, as prescribed in § 68-204-103 ; (2) In furtherance of the purposes of this chapter; and (3) To offset the cost of administering this chapter. (c) A grant from the energy resources fund shall be disbursed in an annual amount of fifty thousand dollars ($50,000). It is the legislative intent that the annual amount be appropriated each fiscal year in the general appropriations act for awarding a grant. Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
(a) There is created a special account in the state treasury to be administered by the office of the comptroller of the treasury and to be known as the energy policy development resources fund, referred to in this section as the "energy resources fund."
(b) The comptroller may disburse moneys in the energy resources fund to the council for the following purposes: (1) Developing the comprehensive state energy policy plan, as prescribed in § 68-204-103 ; (2) In furtherance of the purposes of this chapter; and (3) To offset the cost of administering this chapter.
(1) Developing the comprehensive state energy policy plan, as prescribed in § 68-204-103 ;
(2) In furtherance of the purposes of this chapter; and
(3) To offset the cost of administering this chapter.
(c) A grant from the energy resources fund shall be disbursed in an annual amount of fifty thousand dollars ($50,000). It is the legislative intent that the annual amount be appropriated each fiscal year in the general appropriations act for awarding a grant.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 68-221-1101 — TN Code / Title 68 / Chapter 221 / Section 68-221-1101
Legislative purpose
Status: in_force

The purpose of this part is to facilitate compliance with the Water Quality Act of 1977, by municipalities which are affected by environmental protection agency (EPA) storm water regulations, particularly those arising from § 405 of the Water Quality Act of 1987, and § 402(p) of the Clean Water Act of 1977, regulating storm water discharges to protect water quality. This part shall enable municipalities to regulate such discharges, to establish a system of drainage facilities, and to fix and require payment of fees for the privilege of discharging storm water. This part shall also enable municipalities to construct and operate a system of drainage facilities for storm water management and flood control. Acts 1993, ch. 257, § 1; 1995, ch. 133, § 1; 2001, ch. 119, § 1.
The purpose of this part is to facilitate compliance with the Water Quality Act of 1977, by municipalities which are affected by environmental protection agency (EPA) storm water regulations, particularly those arising from § 405 of the Water Quality Act of 1987, and § 402(p) of the Clean Water Act of 1977, regulating storm water discharges to protect water quality. This part shall enable municipalities to regulate such discharges, to establish a system of drainage facilities, and to fix and require payment of fees for the privilege of discharging storm water. This part shall also enable municipalities to construct and operate a system of drainage facilities for storm water management and flood control.
Acts 1993, ch. 257, § 1; 1995, ch. 133, § 1; 2001, ch. 119, § 1.
Tenn. Code Ann. § 68-211-110 — TN Code / Title 68 / Chapter 211 / Section 68-211-110
Disposal on own land
Status: in_force

This part does not apply to any private, natural person disposing waste generated in such natural person's own household upon land owned by such natural person; provided, that such disposal does not create a public nuisance or a hazard to the public health; however, further provided, that after January 1, 2005, this section shall not exempt a private natural person from this part if that person deposits such household waste in a sinkhole. Acts 1969, ch. 295, § 10; 1980, ch. 662, § 3; T.C.A., §§ 53-4310, 68-31-110; Acts 2004, ch. 848, § 1.
This part does not apply to any private, natural person disposing waste generated in such natural person's own household upon land owned by such natural person; provided, that such disposal does not create a public nuisance or a hazard to the public health; however, further provided, that after January 1, 2005, this section shall not exempt a private natural person from this part if that person deposits such household waste in a sinkhole.
Acts 1969, ch. 295, § 10; 1980, ch. 662, § 3; T.C.A., §§ 53-4310, 68-31-110; Acts 2004, ch. 848, § 1.
Tenn. Code Ann. § 68-221-709 — TN Code / Title 68 / Chapter 221 / Section 68-221-709
Fluoride levels
Status: in_force

(a) If the quarterly analysis of a water sample from a public water system by a certified laboratory confirms that the level of fluoride in the sample exceeds one and one-half milligrams per liter (1.5 mg/L), the public water system from which the sample was taken must: (1) Obtain laboratory analysis of water samples monthly for fluoride levels; and (2) Notify all of its customers that a water sample tested exceeded one and one-half milligrams per liter (1.5 mg/L) of fluoride in a manner established by the department. (b) Once the monthly analysis of water samples for fluoride conducted pursuant to subdivision (a)(1) confirms that the fluoride level in samples is less than one and one-half milligrams per liter (1.5 mg/L) for three (3) consecutive months, the public water system may resume quarterly laboratory analysis for fluoride. Added by 2017 Tenn. Acts, ch. 404,s 1, eff. 5/18/2017.
(a) If the quarterly analysis of a water sample from a public water system by a certified laboratory confirms that the level of fluoride in the sample exceeds one and one-half milligrams per liter (1.5 mg/L), the public water system from which the sample was taken must: (1) Obtain laboratory analysis of water samples monthly for fluoride levels; and (2) Notify all of its customers that a water sample tested exceeded one and one-half milligrams per liter (1.5 mg/L) of fluoride in a manner established by the department.
(1) Obtain laboratory analysis of water samples monthly for fluoride levels; and
(2) Notify all of its customers that a water sample tested exceeded one and one-half milligrams per liter (1.5 mg/L) of fluoride in a manner established by the department.
(b) Once the monthly analysis of water samples for fluoride conducted pursuant to subdivision (a)(1) confirms that the fluoride level in samples is less than one and one-half milligrams per liter (1.5 mg/L) for three (3) consecutive months, the public water system may resume quarterly laboratory analysis for fluoride.
Added by 2017 Tenn. Acts, ch. 404,s 1, eff. 5/18/2017.
Tenn. Code Ann. § 68-221-407 — TN Code / Title 68 / Chapter 221 / Section 68-221-407
Approval of subdivision plan
Status: in_force

No proposed subdivision shall be approved by a local planning commission or other agency authorized to approve subdivisions until the plans for such subdivisions have been approved by the commissioner. Acts 1973, ch. 188, § 4; modified; T.C.A., § 53-2048; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-407.
No proposed subdivision shall be approved by a local planning commission or other agency authorized to approve subdivisions until the plans for such subdivisions have been approved by the commissioner.
Acts 1973, ch. 188, § 4; modified; T.C.A., § 53-2048; Acts 1986, ch. 735, § 5; T.C.A., § 68-13-407.
Tenn. Code Ann. § 68-221-901 — TN Code / Title 68 / Chapter 221 / Section 68-221-901
Short title
Status: in_force

This part shall be known and may be cited as the "Water and Wastewater Operator Certification Act." Amended by 2013 Tenn. Acts, ch. 362,s 1, eff. 7/1/2013. Acts 1984, ch. 812, § 1; T.C.A., § 68-13-901.
This part shall be known and may be cited as the "Water and Wastewater Operator Certification Act."
Amended by 2013 Tenn. Acts, ch. 362,s 1, eff. 7/1/2013.
Acts 1984, ch. 812, § 1; T.C.A., § 68-13-901.
Tenn. Code Ann. § 68-202-203 — TN Code / Title 68 / Chapter 202 / Section 68-202-203
Radiological health service - Creation - Functions
Status: in_force

(a) The commissioner is authorized and empowered to create and maintain within the department a section to be known as the radiological health service. The functions of this service include: (1) The collection of information pertaining to radiological health and the dissemination of such to persons or groups of persons interested in radiation; (2) The encouragement, participation in, and the conducting of studies, training, research and demonstrations relating to the control of radiation hazards; the study of the effects on health of exposure to radiation and related problems as it may deem necessary or advisable for the discharge of its duties under this part; (3) The application of controls and regulations with respect to radiological safety to protect the health and well-being of people in the state; (4) The requirement of reporting of unexpected or otherwise unplanned incidents of excessive exposure as the rules and regulations may direct, and to take such immediate steps as may be necessary to cope with the resultant hazards; and (5) The measurement of radiation and the monitoring and surveillance of the environment for radioactive materials. (b) Nothing in this part or in rules promulgated pursuant hereto shall be construed to limit the kind or amount of radiation that may be intentionally applied to an individual for purposes of medical diagnosis or therapy, by or under the direction of duly licensed members of the healing arts, when practicing within the limits of their respective callings as fixed by law, but only if such users are registered under § 68-202-208 or licensed as provided for by § 68-202-206 . Acts 1959, ch. 66, § 3; 1963, ch. 60, § 1; 1971, ch. 42, § 7; 1976, ch. 405, § 1; T.C.A., §§ 53-3303, 68-202-203.
(a) The commissioner is authorized and empowered to create and maintain within the department a section to be known as the radiological health service. The functions of this service include: (1) The collection of information pertaining to radiological health and the dissemination of such to persons or groups of persons interested in radiation; (2) The encouragement, participation in, and the conducting of studies, training, research and demonstrations relating to the control of radiation hazards; the study of the effects on health of exposure to radiation and related problems as it may deem necessary or advisable for the discharge of its duties under this part; (3) The application of controls and regulations with respect to radiological safety to protect the health and well-being of people in the state; (4) The requirement of reporting of unexpected or otherwise unplanned incidents of excessive exposure as the rules and regulations may direct, and to take such immediate steps as may be necessary to cope with the resultant hazards; and (5) The measurement of radiation and the monitoring and surveillance of the environment for radioactive materials.
(1) The collection of information pertaining to radiological health and the dissemination of such to persons or groups of persons interested in radiation;
(2) The encouragement, participation in, and the conducting of studies, training, research and demonstrations relating to the control of radiation hazards; the study of the effects on health of exposure to radiation and related problems as it may deem necessary or advisable for the discharge of its duties under this part;
(3) The application of controls and regulations with respect to radiological safety to protect the health and well-being of people in the state;
(4) The requirement of reporting of unexpected or otherwise unplanned incidents of excessive exposure as the rules and regulations may direct, and to take such immediate steps as may be necessary to cope with the resultant hazards; and
(5) The measurement of radiation and the monitoring and surveillance of the environment for radioactive materials.
(b) Nothing in this part or in rules promulgated pursuant hereto shall be construed to limit the kind or amount of radiation that may be intentionally applied to an individual for purposes of medical diagnosis or therapy, by or under the direction of duly licensed members of the healing arts, when practicing within the limits of their respective callings as fixed by law, but only if such users are registered under § 68-202-208 or licensed as provided for by § 68-202-206 .
Acts 1959, ch. 66, § 3; 1963, ch. 60, § 1; 1971, ch. 42, § 7; 1976, ch. 405, § 1; T.C.A., §§ 53-3303, 68-202-203.
Tenn. Code Ann. § 68-211-801 — TN Code / Title 68 / Chapter 211 / Section 68-211-801
Short title
Status: in_force

This part shall be known and may be cited as the "Solid Waste Management Act of 1991." Acts 1991, ch. 451, § 1; T.C.A., § 68-31-801.
This part shall be known and may be cited as the "Solid Waste Management Act of 1991."
Acts 1991, ch. 451, § 1; T.C.A., § 68-31-801.
Tenn. Code Ann. § 68-221-718 — TN Code / Title 68 / Chapter 221 / Section 68-221-718
Construction of part
Status: in_force

(a) (1) The penalties, damages and injunctions provided for in this part are intended to provide additional and cumulative remedies to prevent, abate and control violations of this part. (2) Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under common law, criminal or civil, nor shall any provision of this part or any act done by virtue thereof, be construed as precluding the state or any municipality or person, as riparian owner or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances, or to protect drinking water. (b) This part shall be liberally construed for the accomplishment of its policy and purpose. (c) All grants of power to the board or commissioner shall be liberally construed. (d) Any list in this part preceded by "include" or "including" shall not be construed as exhaustive or otherwise limiting unless specifically stated. (e) (1) All procedures in this chapter are intended to be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) If any provision of this part conflicts with the Uniform Administrative Procedures Act, then the latter shall govern. Acts 1983, ch. 324, § 19; T.C.A., § 68-13-718.
(a) (1) The penalties, damages and injunctions provided for in this part are intended to provide additional and cumulative remedies to prevent, abate and control violations of this part. (2) Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under common law, criminal or civil, nor shall any provision of this part or any act done by virtue thereof, be construed as precluding the state or any municipality or person, as riparian owner or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances, or to protect drinking water.
(1) The penalties, damages and injunctions provided for in this part are intended to provide additional and cumulative remedies to prevent, abate and control violations of this part.
(2) Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under common law, criminal or civil, nor shall any provision of this part or any act done by virtue thereof, be construed as precluding the state or any municipality or person, as riparian owner or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances, or to protect drinking water.
(b) This part shall be liberally construed for the accomplishment of its policy and purpose.
(c) All grants of power to the board or commissioner shall be liberally construed.
(d) Any list in this part preceded by "include" or "including" shall not be construed as exhaustive or otherwise limiting unless specifically stated.
(e) (1) All procedures in this chapter are intended to be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) If any provision of this part conflicts with the Uniform Administrative Procedures Act, then the latter shall govern.
(1) All procedures in this chapter are intended to be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(2) If any provision of this part conflicts with the Uniform Administrative Procedures Act, then the latter shall govern.
Acts 1983, ch. 324, § 19; T.C.A., § 68-13-718.
Tenn. Code Ann. § 68-203-101 — TN Code / Title 68 / Chapter 203 / Section 68-203-101
Establishment of fund - Sources of deposits - Accounting - Interest - Investment - Appropriations
Status: in_force

(a) There is established within the general fund a special agency account to be known as the Tennessee environmental protection fund, hereinafter referred to in this chapter as the "fund." (b) (1) Notwithstanding any law to the contrary, there shall be deposited in the fund all fees, civil penalties and damages collected pursuant to the following statutes: (A) Chapter 221, part 4 of this title, relative to subsurface sewage disposal; (B) The Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title; (C) The Water Environmental Health Act, compiled in chapter 221, part 9 of this title; (D) The Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title; (E) The Radiological Health Service Act, compiled in chapter 202, part 2 of this title; (F) The Medical Radiation Inspection Safety Act, compiled in chapter 202, part 5 of this title; (G) The Tennessee Air Quality Act, compiled in chapter 201, part 1 of this title; (H) The Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title; (I) The Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title; (J) The Water Quality Control Act of 1977, compiled in title 69, chapter 3; (K) Title 69, chapter 10, relative to water wells; (L) The Safe Dams Act of 1973, compiled in title 69, chapter 11; (M) Production of oil and gas, title 60, chapter 1, parts 1, 2, and 5; and (N) Section 11-1-101 relative to those fees charged by the commissioner other than ones related to parks. (2) The commissioner of environment and conservation shall maintain separate accounts for moneys collected and expended by each division of the department of environment and conservation in administering the statutes listed in subdivision (b)(1). (c) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in separate accounts until expended in accordance with this part. (d) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund, allocated proportionately to each separate account. (e) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . The fund shall be administered by the commissioner. (f) Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Amended by 2016 Tenn. Acts, ch. 741, s 1, eff. 4/7/2016. Acts 1991, ch. 417, § 1; T.C.A., § 68-1-1301; Acts 2007 , ch. 362, § 14; 2009 , ch. 531, § 1.
(a) There is established within the general fund a special agency account to be known as the Tennessee environmental protection fund, hereinafter referred to in this chapter as the "fund."
(b) (1) Notwithstanding any law to the contrary, there shall be deposited in the fund all fees, civil penalties and damages collected pursuant to the following statutes: (A) Chapter 221, part 4 of this title, relative to subsurface sewage disposal; (B) The Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title; (C) The Water Environmental Health Act, compiled in chapter 221, part 9 of this title; (D) The Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title; (E) The Radiological Health Service Act, compiled in chapter 202, part 2 of this title; (F) The Medical Radiation Inspection Safety Act, compiled in chapter 202, part 5 of this title; (G) The Tennessee Air Quality Act, compiled in chapter 201, part 1 of this title; (H) The Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title; (I) The Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title; (J) The Water Quality Control Act of 1977, compiled in title 69, chapter 3; (K) Title 69, chapter 10, relative to water wells; (L) The Safe Dams Act of 1973, compiled in title 69, chapter 11; (M) Production of oil and gas, title 60, chapter 1, parts 1, 2, and 5; and (N) Section 11-1-101 relative to those fees charged by the commissioner other than ones related to parks. (2) The commissioner of environment and conservation shall maintain separate accounts for moneys collected and expended by each division of the department of environment and conservation in administering the statutes listed in subdivision (b)(1).
(1) Notwithstanding any law to the contrary, there shall be deposited in the fund all fees, civil penalties and damages collected pursuant to the following statutes: (A) Chapter 221, part 4 of this title, relative to subsurface sewage disposal; (B) The Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title; (C) The Water Environmental Health Act, compiled in chapter 221, part 9 of this title; (D) The Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title; (E) The Radiological Health Service Act, compiled in chapter 202, part 2 of this title; (F) The Medical Radiation Inspection Safety Act, compiled in chapter 202, part 5 of this title; (G) The Tennessee Air Quality Act, compiled in chapter 201, part 1 of this title; (H) The Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title; (I) The Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title; (J) The Water Quality Control Act of 1977, compiled in title 69, chapter 3; (K) Title 69, chapter 10, relative to water wells; (L) The Safe Dams Act of 1973, compiled in title 69, chapter 11; (M) Production of oil and gas, title 60, chapter 1, parts 1, 2, and 5; and (N) Section 11-1-101 relative to those fees charged by the commissioner other than ones related to parks.
(A) Chapter 221, part 4 of this title, relative to subsurface sewage disposal;
(B) The Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title;
(C) The Water Environmental Health Act, compiled in chapter 221, part 9 of this title;
(D) The Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title;
(E) The Radiological Health Service Act, compiled in chapter 202, part 2 of this title;
(F) The Medical Radiation Inspection Safety Act, compiled in chapter 202, part 5 of this title;
(G) The Tennessee Air Quality Act, compiled in chapter 201, part 1 of this title;
(H) The Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title;
(I) The Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title;
(J) The Water Quality Control Act of 1977, compiled in title 69, chapter 3;
(K) Title 69, chapter 10, relative to water wells;
(L) The Safe Dams Act of 1973, compiled in title 69, chapter 11;
(M) Production of oil and gas, title 60, chapter 1, parts 1, 2, and 5; and
(N) Section 11-1-101 relative to those fees charged by the commissioner other than ones related to parks.
(2) The commissioner of environment and conservation shall maintain separate accounts for moneys collected and expended by each division of the department of environment and conservation in administering the statutes listed in subdivision (b)(1).
(c) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in separate accounts until expended in accordance with this part.
(d) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund, allocated proportionately to each separate account.
(e) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . The fund shall be administered by the commissioner.
(f) Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly.
Amended by 2016 Tenn. Acts, ch. 741, s 1, eff. 4/7/2016.
Acts 1991, ch. 417, § 1; T.C.A., § 68-1-1301; Acts 2007 , ch. 362, § 14; 2009 , ch. 531, § 1.
Tenn. Code Ann. § 68-211-504 — TN Code / Title 68 / Chapter 211 / Section 68-211-504
Action of governing body by resolution
Status: in_force

All action required or authorized to be taken under this part by the governing body of any municipal corporation or county may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption. Acts 1974, ch. 787, § 4; T.C.A., §§ 53-4341, 68-31-504.
All action required or authorized to be taken under this part by the governing body of any municipal corporation or county may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption.
Acts 1974, ch. 787, § 4; T.C.A., §§ 53-4341, 68-31-504.
Tenn. Code Ann. § 68-202-311 — TN Code / Title 68 / Chapter 202 / Section 68-202-311
Show cause meetings - Written complaints - Emergency orders
Status: in_force

(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served. (c) Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing. Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-311.
(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served.
(c) Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-311.
Tenn. Code Ann. § 68-221-418 — TN Code / Title 68 / Chapter 221 / Section 68-221-418
Excavation of a preexisting subsurface sewage disposal system
Status: in_force

(a) Notwithstanding any provision of the law to the contrary, no county government official may require a homeowner or the department to conduct any excavation of a pre-existing subsurface sewage disposal system prior to issuing any county permit or license for rebuilding, remodeling, or otherwise altering any house or establishment, mobile or permanent, utilizing such system; provided, however, that: (1) If the county permit is issued, the altered house or establishment utilizing the pre-existing subsurface sewage disposal system will be owned by the same owner or: (A) An ancestor of such owner; (B) The spouse or former spouse of such owner; (C) A lineal descendent of such owner, of such owner's spouse or former spouse, or of a parent of such owner; or (D) The spouse of any lineal descendent of such owner described in subdivision (a)(1)(C) of this section; who utilized the subsurface sewage disposal system prior to rebuilding, remodeling or otherwise altering such house or establishment; (2) The owner, or person described in subdivisions (a)(1)(A)-(D) of this section, has no actual knowledge of any defect with the subsurface sewage disposal system or any failure of such system; (3) The pre-existing subsurface sewage disposal system is not constructed, altered, extended or repaired in any manner other than being connected to the rebuilt, remodeled or otherwise altered house or establishment; (4) The rebuilding, remodeling, or other alteration of the house or establishment is not in connection with a sale of the property; and (5) The property owner who applied and obtained the permit or license signs a sworn statement certifying compliance with this section. (b) Prior to sale of such altered or improved house or establishment, the owner shall disclose such improvements utilizing the pre-existing subsurface sewage disposal system on the residential property disclosure statement required pursuant to § 66-5-210 . (c) Any county that enters into an agreement with the commissioner of environment and conservation pursuant to § 68-221-403 , upon the majority vote of such county's governing body and written notification of such vote to the department, shall be exempt from this section. Acts 2004, ch. 779, § 1; 2005, ch. 103, § 1.
(a) Notwithstanding any provision of the law to the contrary, no county government official may require a homeowner or the department to conduct any excavation of a pre-existing subsurface sewage disposal system prior to issuing any county permit or license for rebuilding, remodeling, or otherwise altering any house or establishment, mobile or permanent, utilizing such system; provided, however, that: (1) If the county permit is issued, the altered house or establishment utilizing the pre-existing subsurface sewage disposal system will be owned by the same owner or: (A) An ancestor of such owner; (B) The spouse or former spouse of such owner; (C) A lineal descendent of such owner, of such owner's spouse or former spouse, or of a parent of such owner; or (D) The spouse of any lineal descendent of such owner described in subdivision (a)(1)(C) of this section; who utilized the subsurface sewage disposal system prior to rebuilding, remodeling or otherwise altering such house or establishment; (2) The owner, or person described in subdivisions (a)(1)(A)-(D) of this section, has no actual knowledge of any defect with the subsurface sewage disposal system or any failure of such system; (3) The pre-existing subsurface sewage disposal system is not constructed, altered, extended or repaired in any manner other than being connected to the rebuilt, remodeled or otherwise altered house or establishment; (4) The rebuilding, remodeling, or other alteration of the house or establishment is not in connection with a sale of the property; and (5) The property owner who applied and obtained the permit or license signs a sworn statement certifying compliance with this section.
(1) If the county permit is issued, the altered house or establishment utilizing the pre-existing subsurface sewage disposal system will be owned by the same owner or: (A) An ancestor of such owner; (B) The spouse or former spouse of such owner; (C) A lineal descendent of such owner, of such owner's spouse or former spouse, or of a parent of such owner; or (D) The spouse of any lineal descendent of such owner described in subdivision (a)(1)(C) of this section; who utilized the subsurface sewage disposal system prior to rebuilding, remodeling or otherwise altering such house or establishment;
(A) An ancestor of such owner;
(B) The spouse or former spouse of such owner;
(C) A lineal descendent of such owner, of such owner's spouse or former spouse, or of a parent of such owner; or
(D) The spouse of any lineal descendent of such owner described in subdivision (a)(1)(C) of this section; who utilized the subsurface sewage disposal system prior to rebuilding, remodeling or otherwise altering such house or establishment;
(2) The owner, or person described in subdivisions (a)(1)(A)-(D) of this section, has no actual knowledge of any defect with the subsurface sewage disposal system or any failure of such system;
(3) The pre-existing subsurface sewage disposal system is not constructed, altered, extended or repaired in any manner other than being connected to the rebuilt, remodeled or otherwise altered house or establishment;
(4) The rebuilding, remodeling, or other alteration of the house or establishment is not in connection with a sale of the property; and
(5) The property owner who applied and obtained the permit or license signs a sworn statement certifying compliance with this section.
(b) Prior to sale of such altered or improved house or establishment, the owner shall disclose such improvements utilizing the pre-existing subsurface sewage disposal system on the residential property disclosure statement required pursuant to § 66-5-210 .
(c) Any county that enters into an agreement with the commissioner of environment and conservation pursuant to § 68-221-403 , upon the majority vote of such county's governing body and written notification of such vote to the department, shall be exempt from this section.
Acts 2004, ch. 779, § 1; 2005, ch. 103, § 1.
Tenn. Code Ann. § 68-205-103 — TN Code / Title 68 / Chapter 205 / Section 68-205-103
Imposition of voluntary special assessment to repay financing of qualified projects on commercial property
Status: in_force

(a) A local government may impose a voluntary special assessment to repay the financing of qualified projects on commercial property located in a region. (b) A local government shall not impose an assessment to repay the financing of the purchase or installation of products or devices not permanently affixed to commercial property. (c) A local government may impose a voluntary special assessment only after a project application is approved. The special assessment must be created through a written contract between the local government and the record owner of the property to be assessed. (d) Prior to entering into the written assessment contract, the record owner shall obtain and furnish to the local government a written statement, executed by each holder of a mortgage or deed of trust on the property securing indebtedness, in the sole and absolute discretion of each holder of a mortgage or deed of trust on the property, that consents to the assessment and indicates that the assessment does not constitute an event of default under the mortgage or deed of trust. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
(a) A local government may impose a voluntary special assessment to repay the financing of qualified projects on commercial property located in a region.
(b) A local government shall not impose an assessment to repay the financing of the purchase or installation of products or devices not permanently affixed to commercial property.
(c) A local government may impose a voluntary special assessment only after a project application is approved. The special assessment must be created through a written contract between the local government and the record owner of the property to be assessed.
(d) Prior to entering into the written assessment contract, the record owner shall obtain and furnish to the local government a written statement, executed by each holder of a mortgage or deed of trust on the property securing indebtedness, in the sole and absolute discretion of each holder of a mortgage or deed of trust on the property, that consents to the assessment and indicates that the assessment does not constitute an event of default under the mortgage or deed of trust.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-212-111 — TN Code / Title 68 / Chapter 212 / Section 68-212-111
Order for correction of deficiencies
Status: in_force

(a) When the commissioner finds upon investigation that any provisions of this part are not being carried out, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or shall be sent by certified mail, return receipt requested. Investigations made in accordance with this section may be made on the initiative of the commissioner or board. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of the alleged violator of this part at a meeting to show cause why enforcement action ought not to be taken by the department. (b) Whenever the commissioner finds that any person is engaging in an unauthorized activity which is endangering or causing damage to the public health or environment, the commissioner may, without prior notice, issue an order reciting the existence of such unauthorized activity and requiring that such action be taken as the commissioner deems necessary. Acts 1977, ch. 175, § 10; T.C.A., § 53-6311; Acts 1984, ch. 577, § 8; T.C.A., § 68-46-111.
(a) When the commissioner finds upon investigation that any provisions of this part are not being carried out, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or shall be sent by certified mail, return receipt requested. Investigations made in accordance with this section may be made on the initiative of the commissioner or board. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of the alleged violator of this part at a meeting to show cause why enforcement action ought not to be taken by the department.
(b) Whenever the commissioner finds that any person is engaging in an unauthorized activity which is endangering or causing damage to the public health or environment, the commissioner may, without prior notice, issue an order reciting the existence of such unauthorized activity and requiring that such action be taken as the commissioner deems necessary.
Acts 1977, ch. 175, § 10; T.C.A., § 53-6311; Acts 1984, ch. 577, § 8; T.C.A., § 68-46-111.
Tenn. Code Ann. § 68-202-102 — TN Code / Title 68 / Chapter 202 / Section 68-202-102
United States licenses or permits required
Status: in_force

No person shall manufacture, construct, produce, transfer, acquire or possess any special nuclear material, by-product material, production facility, or utilization facility or act as an operator of a production or utilization facility within this state unless such person shall have first obtained a license or permit for the activity in which such person proposes to engage from the United States atomic energy commission if, pursuant to the Atomic Energy Act of 1954 ( 42 U.S.C. § 2011 et seq.), the commission requires a license or permit to be obtained by persons proposing to engage in such activities. Acts 1957, ch. 324, § 3; T.C.A., §§ 53-3102, 68-23-102.
No person shall manufacture, construct, produce, transfer, acquire or possess any special nuclear material, by-product material, production facility, or utilization facility or act as an operator of a production or utilization facility within this state unless such person shall have first obtained a license or permit for the activity in which such person proposes to engage from the United States atomic energy commission if, pursuant to the Atomic Energy Act of 1954 ( 42 U.S.C. § 2011 et seq.), the commission requires a license or permit to be obtained by persons proposing to engage in such activities.
Acts 1957, ch. 324, § 3; T.C.A., §§ 53-3102, 68-23-102.
Tenn. Code Ann. § 68-221-1302 — TN Code / Title 68 / Chapter 221 / Section 68-221-1302
Authorities created as public and governmental bodies - Property and revenue exempt from taxes
Status: in_force

(a) It is declared that water and wastewater treatment authorities created pursuant to this part shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating governmental entities; and that the acquisition, operation and finance of water and wastewater treatment works by the authorities is declared to be for a public and governmental purpose and a matter of public necessity. (b) The property and revenues of the authority, or any interest in the property or revenues, are exempt from all state, county and municipal taxation. Acts 2007, ch. 250, § 1.
(a) It is declared that water and wastewater treatment authorities created pursuant to this part shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating governmental entities; and that the acquisition, operation and finance of water and wastewater treatment works by the authorities is declared to be for a public and governmental purpose and a matter of public necessity.
(b) The property and revenues of the authority, or any interest in the property or revenues, are exempt from all state, county and municipal taxation.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-202-405 — TN Code / Title 68 / Chapter 202 / Section 68-202-405
Forfeiture and disposition of bond - Trust fund
Status: in_force

(a) At any time during the life of a bond, the commissioner may order forfeiture of the bond based upon the commissioner's determination of abandonment, insolvency, or other inability of the specific licensee to perform to the satisfaction of the commissioner. (b) All forfeited bonds shall be deposited in a special account in the name of the state entitled "the radiation reclamation trust fund." (c) All moneys deposited in such fund may be expended by the commissioner as the commissioner considers necessary to assure the protection of the public health, safety or welfare. (d) Following the decontamination, removal and disposal of radioactive sources, and the reclamation of the premises, any funds remaining from the forfeited bond shall accrue to the state and shall not be refundable to the specific licensee. (e) The moneys which are deposited in the radiation reclamation trust fund and the perpetual care trust fund shall not be used for normal operating expenses of the department but shall be expended only for the decontamination, the removal and disposal of radioactive materials, the reclamation of sites or facilities, and the perpetual care and surveillance of sites or facilities where the specific licensee has abandoned, defaulted, or otherwise refused to perform the above services to the satisfaction of the commissioner. (f) Moneys accumulated in the radiation reclamation trust fund or the perpetual care trust fund may be transferred by the commissioner whenever it is determined by the commissioner that the transfer of such funds is required to provide services at abandoned, inoperative, decommissioned facilities, or at contaminated sites to protect the public health, safety or welfare. Acts 1976, ch. 475, § 5; T.C.A., §§ 53-3327, 68-23-405.
(a) At any time during the life of a bond, the commissioner may order forfeiture of the bond based upon the commissioner's determination of abandonment, insolvency, or other inability of the specific licensee to perform to the satisfaction of the commissioner.
(b) All forfeited bonds shall be deposited in a special account in the name of the state entitled "the radiation reclamation trust fund."
(c) All moneys deposited in such fund may be expended by the commissioner as the commissioner considers necessary to assure the protection of the public health, safety or welfare.
(d) Following the decontamination, removal and disposal of radioactive sources, and the reclamation of the premises, any funds remaining from the forfeited bond shall accrue to the state and shall not be refundable to the specific licensee.
(e) The moneys which are deposited in the radiation reclamation trust fund and the perpetual care trust fund shall not be used for normal operating expenses of the department but shall be expended only for the decontamination, the removal and disposal of radioactive materials, the reclamation of sites or facilities, and the perpetual care and surveillance of sites or facilities where the specific licensee has abandoned, defaulted, or otherwise refused to perform the above services to the satisfaction of the commissioner.
(f) Moneys accumulated in the radiation reclamation trust fund or the perpetual care trust fund may be transferred by the commissioner whenever it is determined by the commissioner that the transfer of such funds is required to provide services at abandoned, inoperative, decommissioned facilities, or at contaminated sites to protect the public health, safety or welfare.
Acts 1976, ch. 475, § 5; T.C.A., §§ 53-3327, 68-23-405.
Tenn. Code Ann. § 68-221-1316 — TN Code / Title 68 / Chapter 221 / Section 68-221-1316
Liberal construction
Status: in_force

This part shall be liberally construed to effect the purposes of this part, and insofar as this part may be inconsistent with any other law, this part shall be controlling. Acts 2007, ch. 250, § 1.
This part shall be liberally construed to effect the purposes of this part, and insofar as this part may be inconsistent with any other law, this part shall be controlling.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-211-905 — TN Code / Title 68 / Chapter 211 / Section 68-211-905
Board of directors - Officers - Quorum - Vacancies - Removal of members
Status: in_force

(a) The directors shall meet and organize as a board and shall elect one (1) of its members as chair, one (1) as vice chair, one (1) as secretary and one (1) as treasurer, and such officers shall annually be elected thereafter in like manner. The duties of secretary and treasurer may be performed by the same director. In the absence of any of the chair, vice chair, secretary or treasurer, another member may be elected to fill the vacancy for the anticipated term thereof. Any action taken by the directors under this chapter may be authorized by resolution at any regular or special meeting, and such resolution shall take effect immediately and need not be published or posted. A majority of the board of directors shall constitute a quorum for the transaction of business. The concurring vote of a majority of all the directors shall be necessary for the exercise of any of the powers granted by this chapter. (b) Any vacancy on the board shall be filled for the unexpired term by the same governing body which filled the position becoming vacant. Any member appointed to the board may, for reasonable cause, be removed from such member's office in the same manner and by the same governing body as such member was appointed to the office; provided, that such removal shall be preceded by a full hearing before the remaining members of the board after adequate notice of such hearing, and a report of such hearing shall be forwarded to such appointing authority. "Reasonable cause" includes, but shall not be limited to, misconduct in office, failure to perform duties prescribed by this part, part 8 of this chapter or other applicable law, or failure to diligently pursue the objectives for which the authority was created. Acts 1991, ch. 451, § 62; T.C.A., § 68-31-905.
(a) The directors shall meet and organize as a board and shall elect one (1) of its members as chair, one (1) as vice chair, one (1) as secretary and one (1) as treasurer, and such officers shall annually be elected thereafter in like manner. The duties of secretary and treasurer may be performed by the same director. In the absence of any of the chair, vice chair, secretary or treasurer, another member may be elected to fill the vacancy for the anticipated term thereof. Any action taken by the directors under this chapter may be authorized by resolution at any regular or special meeting, and such resolution shall take effect immediately and need not be published or posted. A majority of the board of directors shall constitute a quorum for the transaction of business. The concurring vote of a majority of all the directors shall be necessary for the exercise of any of the powers granted by this chapter.
(b) Any vacancy on the board shall be filled for the unexpired term by the same governing body which filled the position becoming vacant. Any member appointed to the board may, for reasonable cause, be removed from such member's office in the same manner and by the same governing body as such member was appointed to the office; provided, that such removal shall be preceded by a full hearing before the remaining members of the board after adequate notice of such hearing, and a report of such hearing shall be forwarded to such appointing authority. "Reasonable cause" includes, but shall not be limited to, misconduct in office, failure to perform duties prescribed by this part, part 8 of this chapter or other applicable law, or failure to diligently pursue the objectives for which the authority was created.
Acts 1991, ch. 451, § 62; T.C.A., § 68-31-905.
Tenn. Code Ann. § 68-212-220 — TN Code / Title 68 / Chapter 212 / Section 68-212-220
Brownfield redevelopment area fund - Intent - Use of funds - Annual reporting
Status: in_force

(a) As used in this section: (1) "Brownfield site" has the same meaning as defined in § 7-53-316 ; (2) "Department" means the department of environment and conservation; (3) "Eligible entity" means a political subdivision of the state, including, but not limited to, a county, municipality, development district, or development board; and (4) "Remediation costs" has the same meaning as defined in § 67-4-2009(10)(A)(iv) . (b) It is the intent of the general assembly to strengthen communities throughout this state and to promote conservation of this state's agricultural, recreational, and open space lands by encouraging environmentally sound redevelopment of properties blighted by real or perceived contamination. (c) (1) There is established a special account in the state treasury to be known as the "brownfield redevelopment area fund," hereinafter referred to as the "fund" to assist this state's communities with the redevelopment of brownfield sites. The fund must be administered by the department. (2) (A) It is the legislative intent that moneys for the fund be appropriated each year in the general appropriations act. Gifts, other donations, and grants received by the department for brownfield redevelopment purposes may be deposited in and remain part of the fund in addition to funds appropriated by the general assembly. (B) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of a fiscal year must not revert to the general fund, but must be carried forward until expended in accordance with this section. (C) Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the benefit of the fund. Interest accruing on investments and deposits of the fund must be credited to the fund, must be returned to the fund, and must remain part of the fund. (d) (1) Moneys in the fund must be used by the department to administer a brownfield redevelopment area grant program as provided in this section. (2) The department may award grants to eligible entities for the remediation costs and reasonable administrative expenses relative to the redevelopment of brownfield sites. Administrative expenses must not exceed five percent (5%) of a grant awarded. An eligible entity shall not be awarded a grant exceeding five hundred thousand dollars ($500,000) from the fund in a fiscal year. (3) The department shall establish criteria and guidelines for the brownfield redevelopment area grant program and shall publish the criteria and guidelines on its website. (4) Sites approved for grants under this section must be designated as brownfield redevelopment areas. (5) The departments of environment and conservation, revenue, and economic and community development shall post a list of brownfield redevelopment areas on their websites. (e) The department shall report to the governor, no later than December 31, 2023, and each December 31 thereafter, regarding the department's administration of the fund. The report must include the obligated and unobligated balances of the fund as of June 30 of the reporting calendar year and the grants awarded in the immediately preceding fiscal year. Grant information must include the amount of the grant awarded and the recipient of the grant. The report must also be transmitted to the speakers of the house of representatives and the senate, the commissioner of finance and administration, and the commissioner of economic and community development. Added by 2023 Tenn. Acts, ch. 86, s 9, eff. 7/1/2023.
(a) As used in this section: (1) "Brownfield site" has the same meaning as defined in § 7-53-316 ; (2) "Department" means the department of environment and conservation; (3) "Eligible entity" means a political subdivision of the state, including, but not limited to, a county, municipality, development district, or development board; and (4) "Remediation costs" has the same meaning as defined in § 67-4-2009(10)(A)(iv) .
(1) "Brownfield site" has the same meaning as defined in § 7-53-316 ;
(2) "Department" means the department of environment and conservation;
(3) "Eligible entity" means a political subdivision of the state, including, but not limited to, a county, municipality, development district, or development board; and
(4) "Remediation costs" has the same meaning as defined in § 67-4-2009(10)(A)(iv) .
(b) It is the intent of the general assembly to strengthen communities throughout this state and to promote conservation of this state's agricultural, recreational, and open space lands by encouraging environmentally sound redevelopment of properties blighted by real or perceived contamination.
(c) (1) There is established a special account in the state treasury to be known as the "brownfield redevelopment area fund," hereinafter referred to as the "fund" to assist this state's communities with the redevelopment of brownfield sites. The fund must be administered by the department. (2) (A) It is the legislative intent that moneys for the fund be appropriated each year in the general appropriations act. Gifts, other donations, and grants received by the department for brownfield redevelopment purposes may be deposited in and remain part of the fund in addition to funds appropriated by the general assembly. (B) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of a fiscal year must not revert to the general fund, but must be carried forward until expended in accordance with this section. (C) Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the benefit of the fund. Interest accruing on investments and deposits of the fund must be credited to the fund, must be returned to the fund, and must remain part of the fund.
(1) There is established a special account in the state treasury to be known as the "brownfield redevelopment area fund," hereinafter referred to as the "fund" to assist this state's communities with the redevelopment of brownfield sites. The fund must be administered by the department.
(2) (A) It is the legislative intent that moneys for the fund be appropriated each year in the general appropriations act. Gifts, other donations, and grants received by the department for brownfield redevelopment purposes may be deposited in and remain part of the fund in addition to funds appropriated by the general assembly. (B) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of a fiscal year must not revert to the general fund, but must be carried forward until expended in accordance with this section. (C) Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the benefit of the fund. Interest accruing on investments and deposits of the fund must be credited to the fund, must be returned to the fund, and must remain part of the fund.
(A) It is the legislative intent that moneys for the fund be appropriated each year in the general appropriations act. Gifts, other donations, and grants received by the department for brownfield redevelopment purposes may be deposited in and remain part of the fund in addition to funds appropriated by the general assembly.
(B) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of a fiscal year must not revert to the general fund, but must be carried forward until expended in accordance with this section.
(C) Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the benefit of the fund. Interest accruing on investments and deposits of the fund must be credited to the fund, must be returned to the fund, and must remain part of the fund.
(d) (1) Moneys in the fund must be used by the department to administer a brownfield redevelopment area grant program as provided in this section. (2) The department may award grants to eligible entities for the remediation costs and reasonable administrative expenses relative to the redevelopment of brownfield sites. Administrative expenses must not exceed five percent (5%) of a grant awarded. An eligible entity shall not be awarded a grant exceeding five hundred thousand dollars ($500,000) from the fund in a fiscal year. (3) The department shall establish criteria and guidelines for the brownfield redevelopment area grant program and shall publish the criteria and guidelines on its website. (4) Sites approved for grants under this section must be designated as brownfield redevelopment areas. (5) The departments of environment and conservation, revenue, and economic and community development shall post a list of brownfield redevelopment areas on their websites.
(1) Moneys in the fund must be used by the department to administer a brownfield redevelopment area grant program as provided in this section.
(2) The department may award grants to eligible entities for the remediation costs and reasonable administrative expenses relative to the redevelopment of brownfield sites. Administrative expenses must not exceed five percent (5%) of a grant awarded. An eligible entity shall not be awarded a grant exceeding five hundred thousand dollars ($500,000) from the fund in a fiscal year.
(3) The department shall establish criteria and guidelines for the brownfield redevelopment area grant program and shall publish the criteria and guidelines on its website.
(4) Sites approved for grants under this section must be designated as brownfield redevelopment areas.
(5) The departments of environment and conservation, revenue, and economic and community development shall post a list of brownfield redevelopment areas on their websites.
(e) The department shall report to the governor, no later than December 31, 2023, and each December 31 thereafter, regarding the department's administration of the fund. The report must include the obligated and unobligated balances of the fund as of June 30 of the reporting calendar year and the grants awarded in the immediately preceding fiscal year. Grant information must include the amount of the grant awarded and the recipient of the grant. The report must also be transmitted to the speakers of the house of representatives and the senate, the commissioner of finance and administration, and the commissioner of economic and community development.
Added by 2023 Tenn. Acts, ch. 86, s 9, eff. 7/1/2023.
Tenn. Code Ann. § 68-215-102 — TN Code / Title 68 / Chapter 215 / Section 68-215-102
Legislative intent
Status: in_force

(a) In order to protect the public health, safety and welfare, to prevent degradation of the environment, conserve natural resources and provide a coordinated statewide underground storage tank program, it is declared to be the public policy of the state of Tennessee to regulate underground storage tanks and to: (1) Provide safe storage for petroleum products; (2) Provide a coordinated statewide program for petroleum products stored in underground storage tanks in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution such that adequate control is achieved without unnecessary duplication of regulatory programs; (3) Develop long range plans for adequate petroleum underground storage tank systems to meet future demands; (4) Provide a mechanism for the remediation of environmental pollution due to releases from petroleum underground storage tank systems; and (5) Provide a comprehensive investigation and clean-up fund to address the problems caused by releases from petroleum underground storage tanks, including remediation of imminent and substantial threats to public health and/or the environment, and to provide a mechanism to assist the financial responsibility requirements for owners/operators of petroleum underground storage tanks. (b) It is the intent of this legislation to enable the state to obtain primacy for the petroleum underground storage tank program from the United States environmental protection agency (EPA). (c) It is the intent of the general assembly that this chapter shall not apply retroactively to releases or other events that occurred prior to July 1, 1988. Acts 1988, ch. 984, § 3; 1990, ch. 855, § 1; T.C.A., § 68-53-102.
(a) In order to protect the public health, safety and welfare, to prevent degradation of the environment, conserve natural resources and provide a coordinated statewide underground storage tank program, it is declared to be the public policy of the state of Tennessee to regulate underground storage tanks and to: (1) Provide safe storage for petroleum products; (2) Provide a coordinated statewide program for petroleum products stored in underground storage tanks in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution such that adequate control is achieved without unnecessary duplication of regulatory programs; (3) Develop long range plans for adequate petroleum underground storage tank systems to meet future demands; (4) Provide a mechanism for the remediation of environmental pollution due to releases from petroleum underground storage tank systems; and (5) Provide a comprehensive investigation and clean-up fund to address the problems caused by releases from petroleum underground storage tanks, including remediation of imminent and substantial threats to public health and/or the environment, and to provide a mechanism to assist the financial responsibility requirements for owners/operators of petroleum underground storage tanks.
(1) Provide safe storage for petroleum products;
(2) Provide a coordinated statewide program for petroleum products stored in underground storage tanks in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution such that adequate control is achieved without unnecessary duplication of regulatory programs;
(3) Develop long range plans for adequate petroleum underground storage tank systems to meet future demands;
(4) Provide a mechanism for the remediation of environmental pollution due to releases from petroleum underground storage tank systems; and
(5) Provide a comprehensive investigation and clean-up fund to address the problems caused by releases from petroleum underground storage tanks, including remediation of imminent and substantial threats to public health and/or the environment, and to provide a mechanism to assist the financial responsibility requirements for owners/operators of petroleum underground storage tanks.
(b) It is the intent of this legislation to enable the state to obtain primacy for the petroleum underground storage tank program from the United States environmental protection agency (EPA).
(c) It is the intent of the general assembly that this chapter shall not apply retroactively to releases or other events that occurred prior to July 1, 1988.
Acts 1988, ch. 984, § 3; 1990, ch. 855, § 1; T.C.A., § 68-53-102.
Tenn. Code Ann. § 68-221-1108 — TN Code / Title 68 / Chapter 221 / Section 68-221-1108
Financing of facilities
Status: in_force

A municipal legislative body may finance storm water facilities under the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21. To protect the public health and to assure payment of bonds issued for storm water facilities, the municipality may by appropriate ordinance or resolution use the procedures set forth in §§ 68-221-208 and 68-221-209 , for payment and collection of charges. Acts 1993, ch. 257, § 8.
A municipal legislative body may finance storm water facilities under the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21. To protect the public health and to assure payment of bonds issued for storm water facilities, the municipality may by appropriate ordinance or resolution use the procedures set forth in §§ 68-221-208 and 68-221-209 , for payment and collection of charges.
Acts 1993, ch. 257, § 8.
Tenn. Code Ann. § 68-212-301 — TN Code / Title 68 / Chapter 212 / Section 68-212-301
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Hazardous Waste Reduction Act of 1990." Acts 1990, ch. 754, § 2; T.C.A., § 68-46-301.
This part shall be known and may be cited as the "Tennessee Hazardous Waste Reduction Act of 1990."
Acts 1990, ch. 754, § 2; T.C.A., § 68-46-301.
Tenn. Code Ann. § 68-201-119 — TN Code / Title 68 / Chapter 201 / Section 68-201-119
Rules regarding vehicle inspection and maintenance program
Status: in_force

(a) The Tennessee air pollution control board shall promulgate rules that: (1) Specify the type of vehicle inspection and maintenance program to be established and implemented; and (2) Establish that the inspection associated with the vehicle inspection and maintenance program will occur on an annual basis in connection with vehicle registration renewal. (b) (1) Notwithstanding subsection (a) or any other law to the contrary, no inspection and maintenance program shall be employed in this state on or after the effective date of this subsection (b) [see Compiler's Notes], except in accordance with subsection (c). (2) If at any time under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) an inspection and maintenance program is mandated instead of available as a voluntary state implementation plan measure in any county of this state, then subdivision (b)(1) shall not apply in that county. (c) An inspection and maintenance program may be employed in a county that, on May 15, 2018, has a local air pollution control program and implements its own inspection and maintenance program, if the county authorizes the continuation of its own inspection and maintenance program by action of its governing body; provided, that in order to authorize the continuation of the inspection and maintenance program, the governing body must authorize the continuation within thirty (30) days of May 15, 2018, and the presiding officer of the county governing body must furnish a certified copy of the approved resolution to the technical secretary of the air pollution control board within sixty (60) days of May 15, 2018. (d) Any new contract between the department or a local government and a contractor providing inspection services, any new contract between a local government and the department relative to the inspection and maintenance program, and any renewals of such contracts occurring after May 15, 2018, shall include a provision stating that the contract must conform to any changes in state law. Any existing contracts as described in this section shall be amended to include a provision stating that the contract must conform to any changes in state law. Amended by 2018 Tenn. Acts, ch. 953, s 1, eff. 120 days following the date on which the U.S. EPA approves a revised state implementation plan consistent with this act. Acts 2004, ch. 926, § 5.
(a) The Tennessee air pollution control board shall promulgate rules that: (1) Specify the type of vehicle inspection and maintenance program to be established and implemented; and (2) Establish that the inspection associated with the vehicle inspection and maintenance program will occur on an annual basis in connection with vehicle registration renewal.
(1) Specify the type of vehicle inspection and maintenance program to be established and implemented; and
(2) Establish that the inspection associated with the vehicle inspection and maintenance program will occur on an annual basis in connection with vehicle registration renewal.
(b) (1) Notwithstanding subsection (a) or any other law to the contrary, no inspection and maintenance program shall be employed in this state on or after the effective date of this subsection (b) [see Compiler's Notes], except in accordance with subsection (c). (2) If at any time under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) an inspection and maintenance program is mandated instead of available as a voluntary state implementation plan measure in any county of this state, then subdivision (b)(1) shall not apply in that county.
(1) Notwithstanding subsection (a) or any other law to the contrary, no inspection and maintenance program shall be employed in this state on or after the effective date of this subsection (b) [see Compiler's Notes], except in accordance with subsection (c).
(2) If at any time under the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.) an inspection and maintenance program is mandated instead of available as a voluntary state implementation plan measure in any county of this state, then subdivision (b)(1) shall not apply in that county.
(c) An inspection and maintenance program may be employed in a county that, on May 15, 2018, has a local air pollution control program and implements its own inspection and maintenance program, if the county authorizes the continuation of its own inspection and maintenance program by action of its governing body; provided, that in order to authorize the continuation of the inspection and maintenance program, the governing body must authorize the continuation within thirty (30) days of May 15, 2018, and the presiding officer of the county governing body must furnish a certified copy of the approved resolution to the technical secretary of the air pollution control board within sixty (60) days of May 15, 2018.
(d) Any new contract between the department or a local government and a contractor providing inspection services, any new contract between a local government and the department relative to the inspection and maintenance program, and any renewals of such contracts occurring after May 15, 2018, shall include a provision stating that the contract must conform to any changes in state law. Any existing contracts as described in this section shall be amended to include a provision stating that the contract must conform to any changes in state law.
Amended by 2018 Tenn. Acts, ch. 953, s 1, eff. 120 days following the date on which the U.S. EPA approves a revised state implementation plan consistent with this act.
Acts 2004, ch. 926, § 5.
Tenn. Code Ann. § 68-221-1109 — TN Code / Title 68 / Chapter 221 / Section 68-221-1109
Powers in addition to other municipal powers
Status: in_force

The powers conferred by this part are in addition and supplemental to the powers conferred by any other law, charter, or home rule provision. Acts 1993, ch. 257, § 9.
The powers conferred by this part are in addition and supplemental to the powers conferred by any other law, charter, or home rule provision.
Acts 1993, ch. 257, § 9.
Tenn. Code Ann. § 68-221-1318 — TN Code / Title 68 / Chapter 221 / Section 68-221-1318
Policy of competitive bidding - Purchasing
Status: in_force

(a) The national policy in favor of competition shall ensure a policy of competitive bidding for all authorities. (b) An authority shall be subject to the applicable purchasing laws of the creating governmental entity, or if two (2) or more creating governmental entities form a water and wastewater treatment authority, then an authority shall be subject to the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2. Acts 2007, ch. 250, § 1.
(a) The national policy in favor of competition shall ensure a policy of competitive bidding for all authorities.
(b) An authority shall be subject to the applicable purchasing laws of the creating governmental entity, or if two (2) or more creating governmental entities form a water and wastewater treatment authority, then an authority shall be subject to the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-221-212 — TN Code / Title 68 / Chapter 221 / Section 68-221-212
Use of retroactive grant
Status: in_force

To the extent that a state grant is made retroactively under this part for an eligible project that has been financed by other funds, such state grant may be used by a municipality for any municipal sewer purpose. Acts 1970, ch. 521, § 1; T.C.A., § 53-2028; Acts 1989, ch. 233, § 21; T.C.A., § 68-13-212.
To the extent that a state grant is made retroactively under this part for an eligible project that has been financed by other funds, such state grant may be used by a municipality for any municipal sewer purpose.
Acts 1970, ch. 521, § 1; T.C.A., § 53-2028; Acts 1989, ch. 233, § 21; T.C.A., § 68-13-212.
Tenn. Code Ann. § 68-213-105 — TN Code / Title 68 / Chapter 213 / Section 68-213-105
Injunctions
Status: in_force

In addition to the penalties herein provided, the department or governing body may cause the enforcement of any orders or rules issued by it to carry out this chapter by instituting legal proceedings to enjoin the violation of this chapter and the orders or rules of the department or governing body in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation thereof. The district attorney general in whose jurisdiction a violation of this chapter occurs or the attorney general and reporter shall institute and prosecute such suits when necessity therefor has been shown by those herein clothed with the power of investigation. Acts 1970, ch. 417, § 5; T.C.A., §§ 53-4505, 68-33-105.
In addition to the penalties herein provided, the department or governing body may cause the enforcement of any orders or rules issued by it to carry out this chapter by instituting legal proceedings to enjoin the violation of this chapter and the orders or rules of the department or governing body in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation thereof. The district attorney general in whose jurisdiction a violation of this chapter occurs or the attorney general and reporter shall institute and prosecute such suits when necessity therefor has been shown by those herein clothed with the power of investigation.
Acts 1970, ch. 417, § 5; T.C.A., §§ 53-4505, 68-33-105.
Tenn. Code Ann. § 68-215-101 — TN Code / Title 68 / Chapter 215 / Section 68-215-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Petroleum Underground Storage Tank Act." Acts 1988, ch. 984, § 2; T.C.A., § 68-53-101.
This chapter shall be known and may be cited as the "Tennessee Petroleum Underground Storage Tank Act."
Acts 1988, ch. 984, § 2; T.C.A., § 68-53-101.
Tenn. Code Ann. § 68-202-207 — TN Code / Title 68 / Chapter 202 / Section 68-202-207
Inspection and examination of radiation sources
Status: in_force

The commissioner is authorized to make such inspections and examinations of the manufacture, use, receipt, possession, storage and disposal of radiation sources which are subject to this part as the commissioner deems proper, and for this purpose has the right to enter at any reasonable hour upon any premises for such inspection or examination. Any person obstructing such entry is in violation of this part. Acts 1959, ch. 66, § 7; 1973, ch. 325, §§ 1, 2; 1982, ch. 693, § 2; T.C.A., §§ 53-3307, 68-23-207.
The commissioner is authorized to make such inspections and examinations of the manufacture, use, receipt, possession, storage and disposal of radiation sources which are subject to this part as the commissioner deems proper, and for this purpose has the right to enter at any reasonable hour upon any premises for such inspection or examination. Any person obstructing such entry is in violation of this part.
Acts 1959, ch. 66, § 7; 1973, ch. 325, §§ 1, 2; 1982, ch. 693, § 2; T.C.A., §§ 53-3307, 68-23-207.
Tenn. Code Ann. § 68-212-201 — TN Code / Title 68 / Chapter 212 / Section 68-212-201
Legislative intent
Status: in_force

(a) In order to protect the public health, safety and welfare, and to provide a coordinated statewide hazardous substance management program, it is declared to be the policy of the state of Tennessee to: (1) Provide a procedure for establishing appropriate sites for the treatment, storage and disposal of hazardous wastes; provided, that such procedures shall not be construed as a state override of local government jurisdiction; (2) Provide funding for the operation of certain hazardous substance management programs by the state; (3) Emphasize alternatives to land disposal of hazardous wastes, as is practicable; (4) Provide for remedial action at certain inactive hazardous substance sites within the state; and (5) Develop a comprehensive plan for hazardous substance site containment and clean up and to develop criteria for establishment of commercial facilities which qualify local governments to receive funds from the responsible waste disposal incentive fund. (b) The general assembly declares that it is the policy of this state that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless generated should, in order of priority, be reduced at its source, recovered and reused, recycled, treated, or disposed of so as to minimize the present and future threat to human health and the environment. Acts 1983, ch. 423, § 1; 1988, ch. 578, § 1; T.C.A., § 68-46-201.
(a) In order to protect the public health, safety and welfare, and to provide a coordinated statewide hazardous substance management program, it is declared to be the policy of the state of Tennessee to: (1) Provide a procedure for establishing appropriate sites for the treatment, storage and disposal of hazardous wastes; provided, that such procedures shall not be construed as a state override of local government jurisdiction; (2) Provide funding for the operation of certain hazardous substance management programs by the state; (3) Emphasize alternatives to land disposal of hazardous wastes, as is practicable; (4) Provide for remedial action at certain inactive hazardous substance sites within the state; and (5) Develop a comprehensive plan for hazardous substance site containment and clean up and to develop criteria for establishment of commercial facilities which qualify local governments to receive funds from the responsible waste disposal incentive fund.
(1) Provide a procedure for establishing appropriate sites for the treatment, storage and disposal of hazardous wastes; provided, that such procedures shall not be construed as a state override of local government jurisdiction;
(2) Provide funding for the operation of certain hazardous substance management programs by the state;
(3) Emphasize alternatives to land disposal of hazardous wastes, as is practicable;
(4) Provide for remedial action at certain inactive hazardous substance sites within the state; and
(5) Develop a comprehensive plan for hazardous substance site containment and clean up and to develop criteria for establishment of commercial facilities which qualify local governments to receive funds from the responsible waste disposal incentive fund.
(b) The general assembly declares that it is the policy of this state that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless generated should, in order of priority, be reduced at its source, recovered and reused, recycled, treated, or disposed of so as to minimize the present and future threat to human health and the environment.
Acts 1983, ch. 423, § 1; 1988, ch. 578, § 1; T.C.A., § 68-46-201.
Tenn. Code Ann. § 68-213-101 — TN Code / Title 68 / Chapter 213 / Section 68-213-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Sanitary Landfill Areas Act." Acts 1970, ch. 417, § 1; T.C.A., §§ 53-4501, 68-33-101.
This chapter shall be known and may be cited as the "Sanitary Landfill Areas Act."
Acts 1970, ch. 417, § 1; T.C.A., §§ 53-4501, 68-33-101.
Tenn. Code Ann. § 68-221-1315 — TN Code / Title 68 / Chapter 221 / Section 68-221-1315
Powers conferred by part additional and supplemental
Status: in_force

(a) The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law, and are not in substitution for those powers, and the limitations imposed by this part shall not affect those powers. (b) The powers granted in this part may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this part. (c) Any metropolitan government or any home rule municipality authorized under this part to create a water and wastewater treatment authority may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary. Acts 2007, ch. 250, § 1.
(a) The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law, and are not in substitution for those powers, and the limitations imposed by this part shall not affect those powers.
(b) The powers granted in this part may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this part.
(c) Any metropolitan government or any home rule municipality authorized under this part to create a water and wastewater treatment authority may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-211-1013 — TN Code / Title 68 / Chapter 211 / Section 68-211-1013
Development of management standard
Status: in_force

(a) The department shall develop management standards for used oil collection centers that require, as a minimum, that such centers: (1) Accept uncontaminated used oil from the general public in quantities up to five gallons (5 gal.), per person, per day; (2) Participate in the state toll-free telephone information system established by the department pursuant to § 68-211-1005 ; and (3) Demonstrate that it complies with all state and federal regulations concerning tank structure and integrity, maintenance, supervision, employee training and housekeeping. (b) The department may develop management standards for the collection of other automotive fluids by automotive fluid collection centers if the department determines that the standards will promote the health and welfare of the public. Amended by 2016 Tenn. Acts, ch. 771, s 9, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 771, s 8, eff. 7/1/2016. Acts 1993, ch. 185, § 14.
(a) The department shall develop management standards for used oil collection centers that require, as a minimum, that such centers: (1) Accept uncontaminated used oil from the general public in quantities up to five gallons (5 gal.), per person, per day; (2) Participate in the state toll-free telephone information system established by the department pursuant to § 68-211-1005 ; and (3) Demonstrate that it complies with all state and federal regulations concerning tank structure and integrity, maintenance, supervision, employee training and housekeeping.
(1) Accept uncontaminated used oil from the general public in quantities up to five gallons (5 gal.), per person, per day;
(2) Participate in the state toll-free telephone information system established by the department pursuant to § 68-211-1005 ; and
(3) Demonstrate that it complies with all state and federal regulations concerning tank structure and integrity, maintenance, supervision, employee training and housekeeping.
(b) The department may develop management standards for the collection of other automotive fluids by automotive fluid collection centers if the department determines that the standards will promote the health and welfare of the public.
Amended by 2016 Tenn. Acts, ch. 771, s 9, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 771, s 8, eff. 7/1/2016.
Acts 1993, ch. 185, § 14.
Tenn. Code Ann. § 68-215-115 — TN Code / Title 68 / Chapter 215 / Section 68-215-115
Recovery of costs by state - Apportionment of liability
Status: in_force

(a) Whenever the commissioner expends money for the investigation, identification, containment or cleanup of a particular site under this part, the commissioner may issue an order to any responsible party, other than an owner or operator of an underground storage tank system or a petroleum site owner if the release at such system or site is covered by the fund, to recover the amount expended or to assess that party's apportioned share of all costs expended or to be expended. Notwithstanding the commissioner's rights under this section, nothing herein shall prevent the reimbursement of expenditures for investigation, identification, containment and cleanup, including monitoring and maintenance incurred by tank owners and operators or petroleum site owners pursuant to § 68-215-111 . Service of such an order shall be made by either personally serving the responsible party or by certified mail. (b) (1) In assessing a responsible party's apportioned share, the commissioner may consider equitable factors, including, but not limited to, the following: (A) Any monetary or other benefit accruing to each responsible party from the release of petroleum at the site; (B) The culpability of each responsible party in regard to the release of petroleum at the site; (C) Efforts of each responsible party to remediate the land, water, or other aspects of the site and any other affected property and to cooperate with the department in its work to investigate, contain or clean up the release of petroleum at the site; and (D) Any expenditures required by this part made by a responsible party shall be credited toward that party's share of the cost. (2) Any person against whom an assessment is issued may secure a review of the propriety or amount of the assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objection and asking for a hearing before the board. Any such assessment shall become final and not subject to review unless the person named therein files the petition within thirty (30) days after the assessment is received. When the petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-215-119(b) . (3) In no event shall the total monies recovered from the responsible party or parties exceed the total expenditure from the fund for such site, except that the commissioner may assess civil penalties as provided in § 68-215-121 . No tank owners and operators or petroleum site owners that are eligible to be reimbursed expenses pursuant to § 68-215-111 shall be liable to any other responsible party for contribution or cost recovery actions, related to any amounts recovered by the commissioner pursuant to this section under any law, including any common law claim, or for other similar third-party claims. (4) The fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section. All monies recovered from the responsible parties pursuant to this section shall be deposited in the fund. Amended by 2013 Tenn. Acts, ch. 181, s 10, eff. 7/1/2013. Acts 1988, ch. 984, § 17; T.C.A., § 68-53-115; Acts 2008 , ch. 794, § 11; 2010 , ch. 903, § 5.
(a) Whenever the commissioner expends money for the investigation, identification, containment or cleanup of a particular site under this part, the commissioner may issue an order to any responsible party, other than an owner or operator of an underground storage tank system or a petroleum site owner if the release at such system or site is covered by the fund, to recover the amount expended or to assess that party's apportioned share of all costs expended or to be expended. Notwithstanding the commissioner's rights under this section, nothing herein shall prevent the reimbursement of expenditures for investigation, identification, containment and cleanup, including monitoring and maintenance incurred by tank owners and operators or petroleum site owners pursuant to § 68-215-111 . Service of such an order shall be made by either personally serving the responsible party or by certified mail.
(b) (1) In assessing a responsible party's apportioned share, the commissioner may consider equitable factors, including, but not limited to, the following: (A) Any monetary or other benefit accruing to each responsible party from the release of petroleum at the site; (B) The culpability of each responsible party in regard to the release of petroleum at the site; (C) Efforts of each responsible party to remediate the land, water, or other aspects of the site and any other affected property and to cooperate with the department in its work to investigate, contain or clean up the release of petroleum at the site; and (D) Any expenditures required by this part made by a responsible party shall be credited toward that party's share of the cost. (2) Any person against whom an assessment is issued may secure a review of the propriety or amount of the assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objection and asking for a hearing before the board. Any such assessment shall become final and not subject to review unless the person named therein files the petition within thirty (30) days after the assessment is received. When the petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-215-119(b) . (3) In no event shall the total monies recovered from the responsible party or parties exceed the total expenditure from the fund for such site, except that the commissioner may assess civil penalties as provided in § 68-215-121 . No tank owners and operators or petroleum site owners that are eligible to be reimbursed expenses pursuant to § 68-215-111 shall be liable to any other responsible party for contribution or cost recovery actions, related to any amounts recovered by the commissioner pursuant to this section under any law, including any common law claim, or for other similar third-party claims. (4) The fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section. All monies recovered from the responsible parties pursuant to this section shall be deposited in the fund.
(1) In assessing a responsible party's apportioned share, the commissioner may consider equitable factors, including, but not limited to, the following: (A) Any monetary or other benefit accruing to each responsible party from the release of petroleum at the site; (B) The culpability of each responsible party in regard to the release of petroleum at the site; (C) Efforts of each responsible party to remediate the land, water, or other aspects of the site and any other affected property and to cooperate with the department in its work to investigate, contain or clean up the release of petroleum at the site; and (D) Any expenditures required by this part made by a responsible party shall be credited toward that party's share of the cost.
(A) Any monetary or other benefit accruing to each responsible party from the release of petroleum at the site;
(B) The culpability of each responsible party in regard to the release of petroleum at the site;
(C) Efforts of each responsible party to remediate the land, water, or other aspects of the site and any other affected property and to cooperate with the department in its work to investigate, contain or clean up the release of petroleum at the site; and
(D) Any expenditures required by this part made by a responsible party shall be credited toward that party's share of the cost.
(2) Any person against whom an assessment is issued may secure a review of the propriety or amount of the assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objection and asking for a hearing before the board. Any such assessment shall become final and not subject to review unless the person named therein files the petition within thirty (30) days after the assessment is received. When the petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-215-119(b) .
(3) In no event shall the total monies recovered from the responsible party or parties exceed the total expenditure from the fund for such site, except that the commissioner may assess civil penalties as provided in § 68-215-121 . No tank owners and operators or petroleum site owners that are eligible to be reimbursed expenses pursuant to § 68-215-111 shall be liable to any other responsible party for contribution or cost recovery actions, related to any amounts recovered by the commissioner pursuant to this section under any law, including any common law claim, or for other similar third-party claims.
(4) The fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section. All monies recovered from the responsible parties pursuant to this section shall be deposited in the fund.
Amended by 2013 Tenn. Acts, ch. 181, s 10, eff. 7/1/2013.
Acts 1988, ch. 984, § 17; T.C.A., § 68-53-115; Acts 2008 , ch. 794, § 11; 2010 , ch. 903, § 5.
Tenn. Code Ann. § 68-211-914 — TN Code / Title 68 / Chapter 211 / Section 68-211-914
Authority as public instrumentality - Exemption from taxation - Bonds deemed to be securities
Status: in_force

(a) The authority is declared to be performing a public function in behalf of each county or municipality with respect to which it is organized and to be a public instrumentality of such county, counties, municipality or municipalities. Accordingly, the authority and all properties at any time owned by it and the income therefrom and all bonds issued by it and the income therefrom shall be exempt from all taxation in the state of Tennessee. (b) For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state of Tennessee. Acts 1991, ch. 451, § 71; T.C.A., § 68-31-914.
(a) The authority is declared to be performing a public function in behalf of each county or municipality with respect to which it is organized and to be a public instrumentality of such county, counties, municipality or municipalities. Accordingly, the authority and all properties at any time owned by it and the income therefrom and all bonds issued by it and the income therefrom shall be exempt from all taxation in the state of Tennessee.
(b) For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state of Tennessee.
Acts 1991, ch. 451, § 71; T.C.A., § 68-31-914.
Tenn. Code Ann. § 68-221-1112 — TN Code / Title 68 / Chapter 221 / Section 68-221-1112
Notice of federally mandated charges
Status: in_force

Any bill rendered as a result of this part shall contain the following statement with respect to the charges assessed under this part, which statement shall be printed in bold-faced type: " THIS FEE HAS BEEN MANDATED BY CONGRESS. " Acts 1993, ch. 257, § 13; 2010 , ch. 716, § 1.
Any bill rendered as a result of this part shall contain the following statement with respect to the charges assessed under this part, which statement shall be printed in bold-faced type:
" THIS FEE HAS BEEN MANDATED BY CONGRESS. "
Acts 1993, ch. 257, § 13; 2010 , ch. 716, § 1.
Tenn. Code Ann. § 68-202-408 — TN Code / Title 68 / Chapter 202 / Section 68-202-408
Accrual of trust funds
Status: in_force

The funds deposited in the radiation reclamation trust fund and the perpetual care trust fund shall accrue at the best possible rate of interest so as to defray the anticipated expenses of providing the necessary services to protect the public health, safety or welfare. Acts 1976, ch. 475, § 8; T.C.A., §§ 53-3330, 68-23-408.
The funds deposited in the radiation reclamation trust fund and the perpetual care trust fund shall accrue at the best possible rate of interest so as to defray the anticipated expenses of providing the necessary services to protect the public health, safety or welfare.
Acts 1976, ch. 475, § 8; T.C.A., §§ 53-3330, 68-23-408.
Tenn. Code Ann. § 68-221-716 — TN Code / Title 68 / Chapter 221 / Section 68-221-716
Nuisance
Status: in_force

A violation of this part and the regulations of the board are declared to be public nuisances and may be abated by any means provided by law. Acts 1983, ch. 324, § 17; T.C.A., § 68-13-716.
A violation of this part and the regulations of the board are declared to be public nuisances and may be abated by any means provided by law.
Acts 1983, ch. 324, § 17; T.C.A., § 68-13-716.
Tenn. Code Ann. § 68-202-409 — TN Code / Title 68 / Chapter 202 / Section 68-202-409
Commissioner's authority
Status: in_force

The commissioner may enter into leases, licenses, or contracts with any person to furnish the requisite services and products for decontamination, reclamation, source removal and disposal, surveillance, and perpetual care over an abandoned, inoperative, or decommissioned facility in order to protect the public health, safety or welfare. Any lessee, licensee, or contractor operating under this section may be required to post a bond in an amount to be determined by the commissioner under this part. Acts 1976, ch. 475, § 9; T.C.A., §§ 53-3331, 68-23-409.
The commissioner may enter into leases, licenses, or contracts with any person to furnish the requisite services and products for decontamination, reclamation, source removal and disposal, surveillance, and perpetual care over an abandoned, inoperative, or decommissioned facility in order to protect the public health, safety or welfare. Any lessee, licensee, or contractor operating under this section may be required to post a bond in an amount to be determined by the commissioner under this part.
Acts 1976, ch. 475, § 9; T.C.A., §§ 53-3331, 68-23-409.
Tenn. Code Ann. § 68-215-126 — TN Code / Title 68 / Chapter 215 / Section 68-215-126
Preemption of local regulation - Exception
Status: in_force

The Tennessee Petroleum Underground Storage Tank Act and the regulations promulgated pursuant to this chapter shall take precedence over all existing county, city, and/or municipal laws and/or regulations concerning petroleum underground storage tanks, except in situations where local laws/regulations are both more stringent and in effect on July 1, 1988. Acts 1988, ch. 984, § 28; T.C.A., § 68-53-126.
The Tennessee Petroleum Underground Storage Tank Act and the regulations promulgated pursuant to this chapter shall take precedence over all existing county, city, and/or municipal laws and/or regulations concerning petroleum underground storage tanks, except in situations where local laws/regulations are both more stringent and in effect on July 1, 1988.
Acts 1988, ch. 984, § 28; T.C.A., § 68-53-126.
Tenn. Code Ann. § 68-212-109 — TN Code / Title 68 / Chapter 212 / Section 68-212-109
Confidentiality
Status: in_force

The board shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is not revealed to any person without the consent of the person supplying such information. Proprietary information does not include the name and address of permit applicants. Proprietary information may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA), or any authorized representative of the commissioner or the board in connection with the responsibilities of the department or board pursuant to this part or as necessary to comply with federal law. The court may assess against the department reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed. Acts 1977, ch. 175, § 8; 1980, ch. 899, § 12; 1981, ch. 174, § 20; T.C.A., § 53-6309; Acts 1984, ch. 577, § 7; 1988, ch. 559, § 2; T.C.A., § 68-46-109.
The board shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is not revealed to any person without the consent of the person supplying such information. Proprietary information does not include the name and address of permit applicants. Proprietary information may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA), or any authorized representative of the commissioner or the board in connection with the responsibilities of the department or board pursuant to this part or as necessary to comply with federal law. The court may assess against the department reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.
Acts 1977, ch. 175, § 8; 1980, ch. 899, § 12; 1981, ch. 174, § 20; T.C.A., § 53-6309; Acts 1984, ch. 577, § 7; 1988, ch. 559, § 2; T.C.A., § 68-46-109.
Tenn. Code Ann. § 68-203-105 — TN Code / Title 68 / Chapter 203 / Section 68-203-105
Federal requirements
Status: in_force

In the event that the requirements of this chapter conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance fees by the department, such federal requirements shall take precedence over the conflicting requirements of this chapter, and the promulgating authority shall have the authority to establish by regulations in its respective program areas identified in § 68-203-101(b) and to collect such fees in accordance with the applicable federal requirements. Acts 1991, ch. 417, § 5; T.C.A., § 68-1-1305.
In the event that the requirements of this chapter conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance fees by the department, such federal requirements shall take precedence over the conflicting requirements of this chapter, and the promulgating authority shall have the authority to establish by regulations in its respective program areas identified in § 68-203-101(b) and to collect such fees in accordance with the applicable federal requirements.
Acts 1991, ch. 417, § 5; T.C.A., § 68-1-1305.
Tenn. Code Ann. § 68-221-516 — TN Code / Title 68 / Chapter 221 / Section 68-221-516
Action of municipality by resolution
Status: in_force

All action required or authorized to be taken under this part by the governing body of any municipality may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption. Acts 1974, ch. 671, § 16; T.C.A., §§ 53-2070, 68-13-516.
All action required or authorized to be taken under this part by the governing body of any municipality may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption.
Acts 1974, ch. 671, § 16; T.C.A., §§ 53-2070, 68-13-516.
Tenn. Code Ann. § 68-221-104 — TN Code / Title 68 / Chapter 221 / Section 68-221-104
Cross connections, auxiliary intakes, by-pass or interconnections to be approved - Drain lines or conduits carrying wastes not to enter water supply
Status: in_force

(a) No person shall install, permit to be installed, or maintain any cross connection, auxiliary intake, by-pass, or interconnection, unless the source and quality of water from the auxiliary supply, the method of connection, and the use and operation of such cross connection, auxiliary intake, by-pass or interconnection has been approved by the department. (b) The arrangement of sewer, soil or other drain lines or conduits carrying sewage or other wastes in such manner that the sewage or waste may find its way into any part of the public water supply system is prohibited. Acts 1945, ch. 52, § 4; C. Supp. 1950, § 5826.4; T.C.A. (orig. ed), §§ 53-2004, 68-13-104.
(a) No person shall install, permit to be installed, or maintain any cross connection, auxiliary intake, by-pass, or interconnection, unless the source and quality of water from the auxiliary supply, the method of connection, and the use and operation of such cross connection, auxiliary intake, by-pass or interconnection has been approved by the department.
(b) The arrangement of sewer, soil or other drain lines or conduits carrying sewage or other wastes in such manner that the sewage or waste may find its way into any part of the public water supply system is prohibited.
Acts 1945, ch. 52, § 4; C. Supp. 1950, § 5826.4; T.C.A. (orig. ed), §§ 53-2004, 68-13-104.