Tenn. Code Ann. § 68-215-110 — TN Code / Title 68 / Chapter 215 / Section 68-215-110
Petroleum underground storage tank fund - Environmental assurance fee
Status: in_force

(a) There is established within the general fund a special agency account to be known as the "petroleum underground storage tank fund" referred to in this chapter as the "fund." (b) All fees, civil penalties, and damages collected pursuant to this chapter shall be deposited in the fund. Damages, costs, restitution awards, and other recoveries collected or received by this state related to or arising from claims under this chapter, shall also be deposited into the fund to the extent that such recoveries represent the restoration of amounts disbursed from the fund, including any costs charged to the fund in pursuing such claims. Any deposits to the fund that would result in the unobligated balance of the fund exceeding fifty million dollars ($50,000,000) shall be transferred to the highway fund. (c) No part of the fund shall revert to the general fund, but shall be carried forward until expended in accordance with this chapter. (d) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. (e) The board shall, when adjusting underground storage tank fees by rule as provided in § 68-215-109 , consider all reasonably anticipated current and future liabilities and income of the petroleum underground storage tank fund, and, adjust underground storage tank fees, using an equitable and fiscally sound approach to sustain the long-term viability of the fund, to levels that are intended to result in sufficient funding of the current obligations, and actuarially determined obligations, after taking into account projected revenues that are reasonably expected to be available to fund these obligations as they become due, up to an unobligated maximum balance of fifty million dollars ($50,000,000) in the fund. The board shall not consider lowering or suspending the fees to a level that will result in a failure to maintain a balance above an amount sufficient to cover the then projected annual amount of claims against the fund, as well as, anticipated administrative expenses for the year. After consideration of all relevant information, including information requested by the board from the department and any additional information provided by the department, the board shall choose the process, timing and assumptions to be used in the board's determinations of the obligations, anticipated income, and appropriate fund balance. (f) For each fiscal year there is appropriated a sum sufficient from the fund to provide for the administrative costs of the underground storage tank program. (g) Moneys in the account 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. (h) (1) To provide for the stability of the petroleum underground storage tank fund, there is levied, in addition to all other fees or taxes, an environmental assurance fee of four-tenths of one cent (0.4¢) per gallon on each gallon of petroleum products imported into this state and petroleum products manufactured in this state. For the purpose of this levy, petroleum products are those defined in § 67-3-103 . (2) The environmental assurance fee is for the purpose of assuring sufficient funding of emergency, preventive, or corrective actions necessary when public health or safety is, or potentially may be, threatened from any release of regulated substances from an underground storage tank or the use and service thereof. (3) (A) Such environmental assurance fee shall be paid and remitted to the department of revenue on a monthly basis at the same time and in the same manner that the special tax on petroleum products is paid and remitted pursuant to § 67-3-203 . Such tax collections are appropriated, and are to be allocated and expended on an annual basis only in the following order of priority: (i) First to the Tennessee local development authority, referred to in this section as the "authority," a sum sufficient to make debt service payments on the authority's bonds or notes, both currently outstanding and those reasonably anticipated to be issued during the fiscal year, issued pursuant to the Tennessee Local Development Authority Leaking Underground Storage Funding Act of 1997, compiled in title 4, chapter 31, part 9, the proceeds of which have been or will be distributed to the board pursuant to a funding agreement, plus any amounts necessary to maintain a fully funded debt reserve or other reserve intended to secure the principal and interest on the bonds or notes as may be required by resolution, or other agreement of the authority, and to pay reasonable administrative costs directly related thereto; and (ii) Second, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed three million dollars ($3,000,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the petroleum underground storage tank fund. On July 1, 2012, and thereafter, all of the funds received from this fee shall be credited to the petroleum underground storage tank fund. (B) Prior to the start of each fiscal year, and to the extent necessary during the fiscal year, the following certifications shall be made and delivered to the authority: (i) The commissioner of finance and administration, the actual expenditures of the fund; (ii) The commissioner of revenue, the actual collections made pursuant to subdivision (h)(1); (iii) The commissioner of environment and conservation, the amount of anticipated expenditures and claims against the fund, excluding payments in subdivision (h)(3)(A)(i), and the amount of anticipated tank fees collected pursuant to § 68-215-109 ; and (iv) The authority, the amount reasonably anticipated to be necessary to make such payments as provided in subdivision (h)(3)(A)(i). Amended by 2016 Tenn. Acts, ch. 877, Secs.s 2, s 3 eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 292, s 6, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 292, s 5, eff. 7/1/2015. Acts 1988, ch. 984, § 12; 1990, ch. 1012, §§ 1-3; 1991, ch. 68, §§ 1, 2; T.C.A., § 68-53-110; Acts 1997 , ch. 444, § 1; 2005, ch. 283, § 4; 2009 , ch. 531, § 9.
(a) There is established within the general fund a special agency account to be known as the "petroleum underground storage tank fund" referred to in this chapter as the "fund."
(b) All fees, civil penalties, and damages collected pursuant to this chapter shall be deposited in the fund. Damages, costs, restitution awards, and other recoveries collected or received by this state related to or arising from claims under this chapter, shall also be deposited into the fund to the extent that such recoveries represent the restoration of amounts disbursed from the fund, including any costs charged to the fund in pursuing such claims. Any deposits to the fund that would result in the unobligated balance of the fund exceeding fifty million dollars ($50,000,000) shall be transferred to the highway fund.
(c) No part of the fund shall revert to the general fund, but shall be carried forward until expended in accordance with this chapter.
(d) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.
(e) The board shall, when adjusting underground storage tank fees by rule as provided in § 68-215-109 , consider all reasonably anticipated current and future liabilities and income of the petroleum underground storage tank fund, and, adjust underground storage tank fees, using an equitable and fiscally sound approach to sustain the long-term viability of the fund, to levels that are intended to result in sufficient funding of the current obligations, and actuarially determined obligations, after taking into account projected revenues that are reasonably expected to be available to fund these obligations as they become due, up to an unobligated maximum balance of fifty million dollars ($50,000,000) in the fund. The board shall not consider lowering or suspending the fees to a level that will result in a failure to maintain a balance above an amount sufficient to cover the then projected annual amount of claims against the fund, as well as, anticipated administrative expenses for the year. After consideration of all relevant information, including information requested by the board from the department and any additional information provided by the department, the board shall choose the process, timing and assumptions to be used in the board's determinations of the obligations, anticipated income, and appropriate fund balance.
(f) For each fiscal year there is appropriated a sum sufficient from the fund to provide for the administrative costs of the underground storage tank program.
(g) Moneys in the account 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.
(h) (1) To provide for the stability of the petroleum underground storage tank fund, there is levied, in addition to all other fees or taxes, an environmental assurance fee of four-tenths of one cent (0.4¢) per gallon on each gallon of petroleum products imported into this state and petroleum products manufactured in this state. For the purpose of this levy, petroleum products are those defined in § 67-3-103 . (2) The environmental assurance fee is for the purpose of assuring sufficient funding of emergency, preventive, or corrective actions necessary when public health or safety is, or potentially may be, threatened from any release of regulated substances from an underground storage tank or the use and service thereof. (3) (A) Such environmental assurance fee shall be paid and remitted to the department of revenue on a monthly basis at the same time and in the same manner that the special tax on petroleum products is paid and remitted pursuant to § 67-3-203 . Such tax collections are appropriated, and are to be allocated and expended on an annual basis only in the following order of priority: (i) First to the Tennessee local development authority, referred to in this section as the "authority," a sum sufficient to make debt service payments on the authority's bonds or notes, both currently outstanding and those reasonably anticipated to be issued during the fiscal year, issued pursuant to the Tennessee Local Development Authority Leaking Underground Storage Funding Act of 1997, compiled in title 4, chapter 31, part 9, the proceeds of which have been or will be distributed to the board pursuant to a funding agreement, plus any amounts necessary to maintain a fully funded debt reserve or other reserve intended to secure the principal and interest on the bonds or notes as may be required by resolution, or other agreement of the authority, and to pay reasonable administrative costs directly related thereto; and (ii) Second, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed three million dollars ($3,000,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the petroleum underground storage tank fund. On July 1, 2012, and thereafter, all of the funds received from this fee shall be credited to the petroleum underground storage tank fund. (B) Prior to the start of each fiscal year, and to the extent necessary during the fiscal year, the following certifications shall be made and delivered to the authority: (i) The commissioner of finance and administration, the actual expenditures of the fund; (ii) The commissioner of revenue, the actual collections made pursuant to subdivision (h)(1); (iii) The commissioner of environment and conservation, the amount of anticipated expenditures and claims against the fund, excluding payments in subdivision (h)(3)(A)(i), and the amount of anticipated tank fees collected pursuant to § 68-215-109 ; and (iv) The authority, the amount reasonably anticipated to be necessary to make such payments as provided in subdivision (h)(3)(A)(i).
(1) To provide for the stability of the petroleum underground storage tank fund, there is levied, in addition to all other fees or taxes, an environmental assurance fee of four-tenths of one cent (0.4¢) per gallon on each gallon of petroleum products imported into this state and petroleum products manufactured in this state. For the purpose of this levy, petroleum products are those defined in § 67-3-103 .
(2) The environmental assurance fee is for the purpose of assuring sufficient funding of emergency, preventive, or corrective actions necessary when public health or safety is, or potentially may be, threatened from any release of regulated substances from an underground storage tank or the use and service thereof.
(3) (A) Such environmental assurance fee shall be paid and remitted to the department of revenue on a monthly basis at the same time and in the same manner that the special tax on petroleum products is paid and remitted pursuant to § 67-3-203 . Such tax collections are appropriated, and are to be allocated and expended on an annual basis only in the following order of priority: (i) First to the Tennessee local development authority, referred to in this section as the "authority," a sum sufficient to make debt service payments on the authority's bonds or notes, both currently outstanding and those reasonably anticipated to be issued during the fiscal year, issued pursuant to the Tennessee Local Development Authority Leaking Underground Storage Funding Act of 1997, compiled in title 4, chapter 31, part 9, the proceeds of which have been or will be distributed to the board pursuant to a funding agreement, plus any amounts necessary to maintain a fully funded debt reserve or other reserve intended to secure the principal and interest on the bonds or notes as may be required by resolution, or other agreement of the authority, and to pay reasonable administrative costs directly related thereto; and (ii) Second, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed three million dollars ($3,000,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the petroleum underground storage tank fund. On July 1, 2012, and thereafter, all of the funds received from this fee shall be credited to the petroleum underground storage tank fund. (B) Prior to the start of each fiscal year, and to the extent necessary during the fiscal year, the following certifications shall be made and delivered to the authority: (i) The commissioner of finance and administration, the actual expenditures of the fund; (ii) The commissioner of revenue, the actual collections made pursuant to subdivision (h)(1); (iii) The commissioner of environment and conservation, the amount of anticipated expenditures and claims against the fund, excluding payments in subdivision (h)(3)(A)(i), and the amount of anticipated tank fees collected pursuant to § 68-215-109 ; and (iv) The authority, the amount reasonably anticipated to be necessary to make such payments as provided in subdivision (h)(3)(A)(i).
(A) Such environmental assurance fee shall be paid and remitted to the department of revenue on a monthly basis at the same time and in the same manner that the special tax on petroleum products is paid and remitted pursuant to § 67-3-203 . Such tax collections are appropriated, and are to be allocated and expended on an annual basis only in the following order of priority: (i) First to the Tennessee local development authority, referred to in this section as the "authority," a sum sufficient to make debt service payments on the authority's bonds or notes, both currently outstanding and those reasonably anticipated to be issued during the fiscal year, issued pursuant to the Tennessee Local Development Authority Leaking Underground Storage Funding Act of 1997, compiled in title 4, chapter 31, part 9, the proceeds of which have been or will be distributed to the board pursuant to a funding agreement, plus any amounts necessary to maintain a fully funded debt reserve or other reserve intended to secure the principal and interest on the bonds or notes as may be required by resolution, or other agreement of the authority, and to pay reasonable administrative costs directly related thereto; and (ii) Second, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed three million dollars ($3,000,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the petroleum underground storage tank fund. On July 1, 2012, and thereafter, all of the funds received from this fee shall be credited to the petroleum underground storage tank fund.
(i) First to the Tennessee local development authority, referred to in this section as the "authority," a sum sufficient to make debt service payments on the authority's bonds or notes, both currently outstanding and those reasonably anticipated to be issued during the fiscal year, issued pursuant to the Tennessee Local Development Authority Leaking Underground Storage Funding Act of 1997, compiled in title 4, chapter 31, part 9, the proceeds of which have been or will be distributed to the board pursuant to a funding agreement, plus any amounts necessary to maintain a fully funded debt reserve or other reserve intended to secure the principal and interest on the bonds or notes as may be required by resolution, or other agreement of the authority, and to pay reasonable administrative costs directly related thereto; and
(ii) Second, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed three million dollars ($3,000,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the petroleum underground storage tank fund. On July 1, 2012, and thereafter, all of the funds received from this fee shall be credited to the petroleum underground storage tank fund.
(B) Prior to the start of each fiscal year, and to the extent necessary during the fiscal year, the following certifications shall be made and delivered to the authority: (i) The commissioner of finance and administration, the actual expenditures of the fund; (ii) The commissioner of revenue, the actual collections made pursuant to subdivision (h)(1); (iii) The commissioner of environment and conservation, the amount of anticipated expenditures and claims against the fund, excluding payments in subdivision (h)(3)(A)(i), and the amount of anticipated tank fees collected pursuant to § 68-215-109 ; and (iv) The authority, the amount reasonably anticipated to be necessary to make such payments as provided in subdivision (h)(3)(A)(i).
(i) The commissioner of finance and administration, the actual expenditures of the fund;
(ii) The commissioner of revenue, the actual collections made pursuant to subdivision (h)(1);
(iii) The commissioner of environment and conservation, the amount of anticipated expenditures and claims against the fund, excluding payments in subdivision (h)(3)(A)(i), and the amount of anticipated tank fees collected pursuant to § 68-215-109 ; and
(iv) The authority, the amount reasonably anticipated to be necessary to make such payments as provided in subdivision (h)(3)(A)(i).
Amended by 2016 Tenn. Acts, ch. 877, Secs.s 2, s 3 eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 292, s 6, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 292, s 5, eff. 7/1/2015.
Acts 1988, ch. 984, § 12; 1990, ch. 1012, §§ 1-3; 1991, ch. 68, §§ 1, 2; T.C.A., § 68-53-110; Acts 1997 , ch. 444, § 1; 2005, ch. 283, § 4; 2009 , ch. 531, § 9.
Tenn. Code Ann. § 68-221-1102 — TN Code / Title 68 / Chapter 221 / Section 68-221-1102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Agricultural land" means land used for agriculture, as defined in § 1-3-105 ; (2) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facilities; preliminary planning to determine the economic and engineering feasibility of storm water facilities; the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of storm water facilities; and the inspection and supervision of the construction of storm water facilities; (3) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water; (4) "Municipality" means any incorporated city or town, county, metropolitan or consolidated government, or special district of this state empowered to provide storm water facilities; (5) "Person" means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country; (6) "Qualified farmer or nurseryman" has the meaning as defined in § 67-6-207 ; (7) "Storm water" means storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration (other than infiltration contaminated by seepage from sanitary sewers or by other discharges) and drainage; (8) "Storm water facilities" means the drainage structures, conduits, combined sewers, sewers, and all device appurtenances by means of which storm water is collected, transported, pumped, treated or disposed of; and (9) "Surface water" includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes, and reservoirs. Acts 1993, ch. 257, § 2; 1995, ch. 133, § 2; 2001, ch. 119, § 2; 2010 , ch. 1143, §§ 2, 3.
As used in this part, unless the context otherwise requires:
(1) "Agricultural land" means land used for agriculture, as defined in § 1-3-105 ;
(2) "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facilities; preliminary planning to determine the economic and engineering feasibility of storm water facilities; the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of storm water facilities; and the inspection and supervision of the construction of storm water facilities;
(3) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water;
(4) "Municipality" means any incorporated city or town, county, metropolitan or consolidated government, or special district of this state empowered to provide storm water facilities;
(5) "Person" means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country;
(6) "Qualified farmer or nurseryman" has the meaning as defined in § 67-6-207 ;
(7) "Storm water" means storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration (other than infiltration contaminated by seepage from sanitary sewers or by other discharges) and drainage;
(8) "Storm water facilities" means the drainage structures, conduits, combined sewers, sewers, and all device appurtenances by means of which storm water is collected, transported, pumped, treated or disposed of; and
(9) "Surface water" includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes, and reservoirs.
Acts 1993, ch. 257, § 2; 1995, ch. 133, § 2; 2001, ch. 119, § 2; 2010 , ch. 1143, §§ 2, 3.
Tenn. Code Ann. § 68-211-115 — TN Code / Title 68 / Chapter 211 / Section 68-211-115
Injunctions restraining violations
Status: in_force

In addition to the penalties herein provided, the commissioner may cause the enforcement of any orders, rules or regulations issued by such commissioner or orders issued by the board to carry out this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules or regulations of the commissioner or orders of the board 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 part 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 1969, ch. 295, § 15; 1975, ch. 109, § 6; T.C.A., §§ 53-4315, 68-31-115.
In addition to the penalties herein provided, the commissioner may cause the enforcement of any orders, rules or regulations issued by such commissioner or orders issued by the board to carry out this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules or regulations of the commissioner or orders of the board 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 part 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 1969, ch. 295, § 15; 1975, ch. 109, § 6; T.C.A., §§ 53-4315, 68-31-115.
Tenn. Code Ann. § 68-221-1014 — TN Code / Title 68 / Chapter 221 / Section 68-221-1014
Authority of local governments to enter into loan agreements
Status: in_force

Local governments may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law. Acts 1990, ch. 767, § 1; T.C.A., § 68-13-1014.
Local governments may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1990, ch. 767, § 1; T.C.A., § 68-13-1014.
Tenn. Code Ann. § 68-211-123 — TN Code / Title 68 / Chapter 211 / Section 68-211-123
No permits by rule for certain sites for sewage sludge composting
Status: in_force

The department of environment and conservation shall not issue a permit by rule for sewage sludge composting for a site that is greater than one (1) acre in size. Acts 2000, ch. 904, § 1.
The department of environment and conservation shall not issue a permit by rule for sewage sludge composting for a site that is greater than one (1) acre in size.
Acts 2000, ch. 904, § 1.
Tenn. Code Ann. § 68-221-301 — TN Code / Title 68 / Chapter 221 / Section 68-221-301
Grant program - Eligible recipients and projects
Status: in_force

The department of environment and conservation is authorized to establish a grant program to further the purposes of parts 10 and 12 of this chapter utilizing federal funds allocated and state funds appropriated for such purposes. Eligible recipients of grants awarded pursuant to this part must be limited to the types of entities eligible for low-cost loans under parts 10 and 12 of this chapter or otherwise eligible as provided by federal law for the capitalization grants authorized for the loan programs established by parts 10 and 12 of this chapter. Eligible projects must be limited to those authorized by parts 10 and 12 of this chapter or otherwise eligible as provided by federal law for the capitalization grants authorized for the loan programs established by parts 10 and 12 of this chapter. The commissioner may administer the grant program in accordance with criteria set by the federal government. Acts 2022, ch. 886, § 10.
The department of environment and conservation is authorized to establish a grant program to further the purposes of parts 10 and 12 of this chapter utilizing federal funds allocated and state funds appropriated for such purposes. Eligible recipients of grants awarded pursuant to this part must be limited to the types of entities eligible for low-cost loans under parts 10 and 12 of this chapter or otherwise eligible as provided by federal law for the capitalization grants authorized for the loan programs established by parts 10 and 12 of this chapter. Eligible projects must be limited to those authorized by parts 10 and 12 of this chapter or otherwise eligible as provided by federal law for the capitalization grants authorized for the loan programs established by parts 10 and 12 of this chapter. The commissioner may administer the grant program in accordance with criteria set by the federal government.
Acts 2022, ch. 886, § 10.
Tenn. Code Ann. § 68-202-210 — TN Code / Title 68 / Chapter 202 / Section 68-202-210
Information obtained inadmissible in evidence in certain actions
Status: in_force

Information obtained from studies made in accordance with this part shall not be admissible in evidence in any action at law to recover damages for personal injury or in any action under the Workers' Compensation Law, compiled in title 50, chapter 6. Acts 1959, ch. 66, § 10; impl. am. Acts 1980, ch. 534, § 1; T.C.A., §§ 53-3311, 68-23-210.
Information obtained from studies made in accordance with this part shall not be admissible in evidence in any action at law to recover damages for personal injury or in any action under the Workers' Compensation Law, compiled in title 50, chapter 6.
Acts 1959, ch. 66, § 10; impl. am. Acts 1980, ch. 534, § 1; T.C.A., §§ 53-3311, 68-23-210.
Tenn. Code Ann. § 68-212-503 — TN Code / Title 68 / Chapter 212 / Section 68-212-503
Quarantine of property
Status: in_force

(a) The purpose of the quarantine provided for in this section is to prevent exposure of any person to the hazards associated with methamphetamine and the chemicals associated with the manufacture of methamphetamine. (b) Any property, or any structure or room in any structure on any property wherein the manufacture of a controlled substance listed in § 39-17-408(d)(2) is occurring or has occurred, may be quarantined by the local law enforcement agency where such property is located. The law enforcement agency which quarantines the property shall be responsible for posting signs indicating that the property has been quarantined and, to the extent they can be reasonably identified, for notifying all parties having any right, title or interest in the quarantined property, including any lienholders. (c) (1) Any person who has an interest in property quarantined pursuant to this section may file a petition in the general sessions, criminal, circuit or chancery court of the county in which the property is located. Such a petition shall be for the purpose of requesting that the court order the quarantine of such property be lifted for one (1) of the following reasons: (A) That the property was wrongfully quarantined; or (B) That the property has been properly cleaned, all hazardous materials removed and that it is now safe for human use but the law enforcement agency who imposed the quarantine refuses to lift it. (2) The court shall take such proof as it deems necessary to rule upon a petition filed pursuant to this section and, after hearing such proof, may grant the petition and lift the quarantine or deny the petition and keep the quarantine in place. (d) (1) It is an offense for any person, other than one carrying out the purposes of this part, knowingly to inhabit quarantined property; to enter onto quarantined property without federal, state, county or municipal government authorization; to offer such property to the public for temporary or indefinite habitation; or to remove any signs or notices of the quarantine. (2) A violation of this subsection (d) is a Class B misdemeanor. (e) (1) As used in this subsection (e): (A) "Person" means a landlord, owner, manager, caretaker, agent of the owner or employee; and (B) "Property": (i) Means real property and any building, structure, or room located on such property on or in which a person performs compensated labor or is employed to or has a duty or responsibility to care for or manage; and (ii) Does not include property: (a) (1) Which the person owns; or (2) On which the person has a mortgage or other form of indebtedness to own; (b) On which the person resides; and (c) From which the person receives no compensation in the form of rent, lease payments, or otherwise in exchange for allowing another person to temporarily reside on the property. (2) It is an offense for a person who knows, or reasonably should know, that a controlled substance listed in § 39-17-408(d)(2) has been manufactured or is being manufactured in or on any property to intentionally fail to notify the appropriate law enforcement agency within twenty-four (24) hours of acquiring such knowledge. (3) A violation of this section is a Class B misdemeanor. Amended by 2014 Tenn. Acts, ch. 640, s 1, eff. 7/1/2014. Acts 2004, ch. 855, § 4; 2005, ch. 18, §§ 6, 7; 2010 , ch. 899, § 1.
(a) The purpose of the quarantine provided for in this section is to prevent exposure of any person to the hazards associated with methamphetamine and the chemicals associated with the manufacture of methamphetamine.
(b) Any property, or any structure or room in any structure on any property wherein the manufacture of a controlled substance listed in § 39-17-408(d)(2) is occurring or has occurred, may be quarantined by the local law enforcement agency where such property is located. The law enforcement agency which quarantines the property shall be responsible for posting signs indicating that the property has been quarantined and, to the extent they can be reasonably identified, for notifying all parties having any right, title or interest in the quarantined property, including any lienholders.
(c) (1) Any person who has an interest in property quarantined pursuant to this section may file a petition in the general sessions, criminal, circuit or chancery court of the county in which the property is located. Such a petition shall be for the purpose of requesting that the court order the quarantine of such property be lifted for one (1) of the following reasons: (A) That the property was wrongfully quarantined; or (B) That the property has been properly cleaned, all hazardous materials removed and that it is now safe for human use but the law enforcement agency who imposed the quarantine refuses to lift it. (2) The court shall take such proof as it deems necessary to rule upon a petition filed pursuant to this section and, after hearing such proof, may grant the petition and lift the quarantine or deny the petition and keep the quarantine in place.
(1) Any person who has an interest in property quarantined pursuant to this section may file a petition in the general sessions, criminal, circuit or chancery court of the county in which the property is located. Such a petition shall be for the purpose of requesting that the court order the quarantine of such property be lifted for one (1) of the following reasons: (A) That the property was wrongfully quarantined; or (B) That the property has been properly cleaned, all hazardous materials removed and that it is now safe for human use but the law enforcement agency who imposed the quarantine refuses to lift it.
(A) That the property was wrongfully quarantined; or
(B) That the property has been properly cleaned, all hazardous materials removed and that it is now safe for human use but the law enforcement agency who imposed the quarantine refuses to lift it.
(2) The court shall take such proof as it deems necessary to rule upon a petition filed pursuant to this section and, after hearing such proof, may grant the petition and lift the quarantine or deny the petition and keep the quarantine in place.
(d) (1) It is an offense for any person, other than one carrying out the purposes of this part, knowingly to inhabit quarantined property; to enter onto quarantined property without federal, state, county or municipal government authorization; to offer such property to the public for temporary or indefinite habitation; or to remove any signs or notices of the quarantine. (2) A violation of this subsection (d) is a Class B misdemeanor.
(1) It is an offense for any person, other than one carrying out the purposes of this part, knowingly to inhabit quarantined property; to enter onto quarantined property without federal, state, county or municipal government authorization; to offer such property to the public for temporary or indefinite habitation; or to remove any signs or notices of the quarantine.
(2) A violation of this subsection (d) is a Class B misdemeanor.
(e) (1) As used in this subsection (e): (A) "Person" means a landlord, owner, manager, caretaker, agent of the owner or employee; and (B) "Property": (i) Means real property and any building, structure, or room located on such property on or in which a person performs compensated labor or is employed to or has a duty or responsibility to care for or manage; and (ii) Does not include property: (a) (1) Which the person owns; or (2) On which the person has a mortgage or other form of indebtedness to own; (b) On which the person resides; and (c) From which the person receives no compensation in the form of rent, lease payments, or otherwise in exchange for allowing another person to temporarily reside on the property. (2) It is an offense for a person who knows, or reasonably should know, that a controlled substance listed in § 39-17-408(d)(2) has been manufactured or is being manufactured in or on any property to intentionally fail to notify the appropriate law enforcement agency within twenty-four (24) hours of acquiring such knowledge. (3) A violation of this section is a Class B misdemeanor.
(1) As used in this subsection (e): (A) "Person" means a landlord, owner, manager, caretaker, agent of the owner or employee; and (B) "Property": (i) Means real property and any building, structure, or room located on such property on or in which a person performs compensated labor or is employed to or has a duty or responsibility to care for or manage; and (ii) Does not include property: (a) (1) Which the person owns; or (2) On which the person has a mortgage or other form of indebtedness to own; (b) On which the person resides; and (c) From which the person receives no compensation in the form of rent, lease payments, or otherwise in exchange for allowing another person to temporarily reside on the property.
(A) "Person" means a landlord, owner, manager, caretaker, agent of the owner or employee; and
(B) "Property": (i) Means real property and any building, structure, or room located on such property on or in which a person performs compensated labor or is employed to or has a duty or responsibility to care for or manage; and (ii) Does not include property: (a) (1) Which the person owns; or (2) On which the person has a mortgage or other form of indebtedness to own; (b) On which the person resides; and (c) From which the person receives no compensation in the form of rent, lease payments, or otherwise in exchange for allowing another person to temporarily reside on the property.
(i) Means real property and any building, structure, or room located on such property on or in which a person performs compensated labor or is employed to or has a duty or responsibility to care for or manage; and
(ii) Does not include property: (a) (1) Which the person owns; or (2) On which the person has a mortgage or other form of indebtedness to own; (b) On which the person resides; and (c) From which the person receives no compensation in the form of rent, lease payments, or otherwise in exchange for allowing another person to temporarily reside on the property.
(a) (1) Which the person owns; or (2) On which the person has a mortgage or other form of indebtedness to own;
(1) Which the person owns; or
(2) On which the person has a mortgage or other form of indebtedness to own;
(b) On which the person resides; and
(c) From which the person receives no compensation in the form of rent, lease payments, or otherwise in exchange for allowing another person to temporarily reside on the property.
(2) It is an offense for a person who knows, or reasonably should know, that a controlled substance listed in § 39-17-408(d)(2) has been manufactured or is being manufactured in or on any property to intentionally fail to notify the appropriate law enforcement agency within twenty-four (24) hours of acquiring such knowledge.
(3) A violation of this section is a Class B misdemeanor.
Amended by 2014 Tenn. Acts, ch. 640, s 1, eff. 7/1/2014.
Acts 2004, ch. 855, § 4; 2005, ch. 18, §§ 6, 7; 2010 , ch. 899, § 1.
Tenn. Code Ann. § 68-211-842 — TN Code / Title 68 / Chapter 211 / Section 68-211-842
Education program - Guidelines - Funding
Status: in_force

(a) The commissioner shall issue guidelines for the education program element of the municipal solid waste region plan. Each solid waste regional plan shall include an education program to assist adults and children to understand solid waste issues, management options and costs, and the value of waste reduction and recycling. (b) The adult education program shall be funded at a level no less than four percent (4%) of the waste disposal surcharge collected in fiscal year 1996-97; five percent (5%) of the waste disposal surcharge collected in fiscal year 1997-98; and six percent (6%) of the waste disposal surcharge collected in fiscal year 1998-99. Acts 1991, ch. 451, § 38; T.C.A., § 68-31-842; Acts 1995, ch. 501, § 3; Acts 1996, ch. 846, § 50.
(a) The commissioner shall issue guidelines for the education program element of the municipal solid waste region plan. Each solid waste regional plan shall include an education program to assist adults and children to understand solid waste issues, management options and costs, and the value of waste reduction and recycling.
(b) The adult education program shall be funded at a level no less than four percent (4%) of the waste disposal surcharge collected in fiscal year 1996-97; five percent (5%) of the waste disposal surcharge collected in fiscal year 1997-98; and six percent (6%) of the waste disposal surcharge collected in fiscal year 1998-99.
Acts 1991, ch. 451, § 38; T.C.A., § 68-31-842; Acts 1995, ch. 501, § 3; Acts 1996, ch. 846, § 50.
Tenn. Code Ann. § 68-212-224 — TN Code / Title 68 / Chapter 212 / Section 68-212-224
Brownfield projects voluntary cleanup oversight and assistance program
Status: in_force

(a) (1) There is established a voluntary cleanup oversight and assistance program for the voluntary cleanup of brownfield projects. The commissioner may enter into voluntary agreements or consent orders for the investigation and/or remediation of such sites or projects with any willing and able person; provided, however, that a voluntary agreement may not be employed with a person who generated, transported or released contamination that is to be addressed at the site. (2) A person entering into a voluntary agreement or consent order shall submit to the commissioner a summary description of all known existing environmental investigations, studies, reports or documents concerning the site's environmental condition. Such summary description shall include, but shall not be limited to: (A) Date of the material; (B) Title of the material; (C) Person or entity that produced the material; (D) Results or conclusions contained in the material; (E) Any remedial action recommended including any monitoring and/or maintenance; and (F) Other information which could reasonably be construed to be material to the commissioner's decision to enter into a voluntary agreement or consent order. (3) The voluntary agreements or consent orders shall outline the agreed upon investigation, remediation, monitoring, and/or maintenance, and shall be consistent with § 68-212-201 . Such voluntary agreements or consent orders shall address public notice and public input. All activities shall be subject to any otherwise applicable and appropriate zoning, land use regulations and cleanup standards, including without limitation all provisions regarding public notice and opportunity for public input. All such voluntary agreements or consent orders may provide for the reimbursement of the department's oversight costs. These agreements shall not limit liability for contamination of a site occurring after the date of the voluntary agreement or consent order or for contamination not identified and addressed in the voluntary agreement or consent order. (4) No voluntary agreement or consent order shall be entered into concerning a site listed on the federal National Priorities List, or after a site has been proposed for such listing, without the concurrence of the United States environmental protection agency (EPA). Sites that the EPA has identified and advised the commissioner as eligible to be proposed for listing on the federal National Priorities List will be managed in a cooperative process with the EPA. (5) For inactive hazardous substance sites, the commissioner has the discretion and is authorized to establish an apportionment of liability consistent with § 68-212-207(b) in a voluntary agreement or consent order. Further, the commissioner may limit the liability of the participant in any voluntary agreement or consent order entered into pursuant to this section. Such a voluntary agreement or consent order may limit the participant's liability to the obligations set forth therein and exempt the participant from any further liability under any statute administered by the department, for investigation, remediation, monitoring and/or maintenance of contamination identified and addressed in the voluntary agreement or consent order. The commissioner may extend this liability protection to successors in interest or in title to the participant, contractors conducting response actions at the site, developers, future owners, tenants, and lenders, fiduciaries or insurers, conditioned upon performance of the voluntary agreement or consent order and compliance with any land use restrictions required thereby; provided, that such liability protection to other persons does not apply to liability that arose prior to the voluntary agreement or consent order. Nothing in this section shall impair the rights of third parties with respect to tort liability claims for damage to person or property arising from the contamination addressed by the voluntary agreements or consent orders. (6) A person who enters into a voluntary agreement or consent order with the commissioner that contains an apportionment or limitation of liability, pursuant to this section, shall not be liable to third parties for contribution regarding matters addressed in the voluntary agreement or consent order; provided, that the third party was given actual or constructive notice of the voluntary agreement or consent order, and the third party had an actual or constructive opportunity to comment upon the voluntary agreement or consent order. Constructive notice may be accomplished by, among other means, publishing a summary of the voluntary agreement or consent order in a newspaper of general circulation within the geographical area of the site or project at least thirty (30) days prior to the effective date of the agreement or order. For inactive hazardous substance sites, such voluntary agreements or consent orders shall, to the extent provided therein, constitute an approved administrative settlement pursuant to 42 U.S.C. § 9613(f) . (7) Except in an action to enforce a voluntary agreement or consent order, such agreement or order shall not be admissible as evidence in any suit, hearing or other proceeding against a person who received liability protection pursuant to this section. Voluntary agreements and consent orders are not admissible as evidence of comparative fault in any third party tort suit, hearing or other proceeding. (b) There is levied a fee of five thousand dollars ($5,000) for participation in this program. This fee shall be in addition to and not in lieu of any moneys expended from the remedial action fund and shall be in addition to any other fee assessed pursuant to this part. The commissioner may waive any part, or all, of this fee if the commissioner determines that such waiver serves the public welfare. (c) (1) The participation fees shall be used to establish a voluntary cleanup oversight and assistance fund. The purpose of this fund is to pay for state oversight of any cleanup efforts. (2) Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this part. (3) Interest accruing on investments and deposits of the voluntary cleanup oversight and assistance fund shall be returned to this fund and remain a part of this fund. (d) (1) Moneys expended from the remedial action fund for investigation prior to a party's participation in this program shall be recovered and deposited to that fund. (2) Once a consent order has been entered, the commissioner has the discretion and is authorized to expend moneys from the remedial action fund to pay that portion of the investigation, cleanup, monitoring, maintenance and oversight of an inactive hazardous substance site to the extent such expenditures are not allocated under the consent order to the potentially liable party conducting the investigation and cleanup of the inactive hazardous substance site pursuant to this program. The commissioner is authorized to seek recovery of such expenditures from the remedial action fund from other liable parties in the full amount of their respective allocated share of liability by any legal remedy through the exercise of the commissioner's powers and duties as established by this part; provided, that if the consent order establishes an allocation of liability for the potentially liable party participating in the voluntary program, the commissioner may not assess the participant for a share of liability greater than the allocation established in the consent order. (e) The criteria for selecting containment and cleanup actions, including monitoring and maintenance options to be followed under the voluntary cleanup and oversight assistance program, shall be those specified in § 68-212-206(d) . (f) In the event a person does not fulfill all the requirements established in a voluntary agreement or consent order, the commissioner may seek to enforce the voluntary agreement or consent order through any legal remedy. (g) Upon completion of all terms and conditions of a voluntary agreement or consent order under this program, the commissioner shall issue a letter to the participant stating that the obligations under the voluntary agreement or consent order have been completed and, if appropriate, that no further action will be required of the participant. Upon reasonable request of the participant, the commissioner shall issue from time to time interim letters stating what specific obligations remain to achieve completion. (h) Any consent order, voluntary agreement, the creation or removal of deed restrictions, and any other final agency action is subject to review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. When public notice is required to be given pursuant to this section, at a minimum, notice shall be sent by certified mail to all local governments having jurisdiction over any part of the subject property and to all owners of adjoining properties. Acts 1994, ch. 890, § 12; 1995, ch. 394, §§ 1-4; 2001, ch. 449, §§ 3 - 7.
(a) (1) There is established a voluntary cleanup oversight and assistance program for the voluntary cleanup of brownfield projects. The commissioner may enter into voluntary agreements or consent orders for the investigation and/or remediation of such sites or projects with any willing and able person; provided, however, that a voluntary agreement may not be employed with a person who generated, transported or released contamination that is to be addressed at the site. (2) A person entering into a voluntary agreement or consent order shall submit to the commissioner a summary description of all known existing environmental investigations, studies, reports or documents concerning the site's environmental condition. Such summary description shall include, but shall not be limited to: (A) Date of the material; (B) Title of the material; (C) Person or entity that produced the material; (D) Results or conclusions contained in the material; (E) Any remedial action recommended including any monitoring and/or maintenance; and (F) Other information which could reasonably be construed to be material to the commissioner's decision to enter into a voluntary agreement or consent order. (3) The voluntary agreements or consent orders shall outline the agreed upon investigation, remediation, monitoring, and/or maintenance, and shall be consistent with § 68-212-201 . Such voluntary agreements or consent orders shall address public notice and public input. All activities shall be subject to any otherwise applicable and appropriate zoning, land use regulations and cleanup standards, including without limitation all provisions regarding public notice and opportunity for public input. All such voluntary agreements or consent orders may provide for the reimbursement of the department's oversight costs. These agreements shall not limit liability for contamination of a site occurring after the date of the voluntary agreement or consent order or for contamination not identified and addressed in the voluntary agreement or consent order. (4) No voluntary agreement or consent order shall be entered into concerning a site listed on the federal National Priorities List, or after a site has been proposed for such listing, without the concurrence of the United States environmental protection agency (EPA). Sites that the EPA has identified and advised the commissioner as eligible to be proposed for listing on the federal National Priorities List will be managed in a cooperative process with the EPA. (5) For inactive hazardous substance sites, the commissioner has the discretion and is authorized to establish an apportionment of liability consistent with § 68-212-207(b) in a voluntary agreement or consent order. Further, the commissioner may limit the liability of the participant in any voluntary agreement or consent order entered into pursuant to this section. Such a voluntary agreement or consent order may limit the participant's liability to the obligations set forth therein and exempt the participant from any further liability under any statute administered by the department, for investigation, remediation, monitoring and/or maintenance of contamination identified and addressed in the voluntary agreement or consent order. The commissioner may extend this liability protection to successors in interest or in title to the participant, contractors conducting response actions at the site, developers, future owners, tenants, and lenders, fiduciaries or insurers, conditioned upon performance of the voluntary agreement or consent order and compliance with any land use restrictions required thereby; provided, that such liability protection to other persons does not apply to liability that arose prior to the voluntary agreement or consent order. Nothing in this section shall impair the rights of third parties with respect to tort liability claims for damage to person or property arising from the contamination addressed by the voluntary agreements or consent orders. (6) A person who enters into a voluntary agreement or consent order with the commissioner that contains an apportionment or limitation of liability, pursuant to this section, shall not be liable to third parties for contribution regarding matters addressed in the voluntary agreement or consent order; provided, that the third party was given actual or constructive notice of the voluntary agreement or consent order, and the third party had an actual or constructive opportunity to comment upon the voluntary agreement or consent order. Constructive notice may be accomplished by, among other means, publishing a summary of the voluntary agreement or consent order in a newspaper of general circulation within the geographical area of the site or project at least thirty (30) days prior to the effective date of the agreement or order. For inactive hazardous substance sites, such voluntary agreements or consent orders shall, to the extent provided therein, constitute an approved administrative settlement pursuant to 42 U.S.C. § 9613(f) . (7) Except in an action to enforce a voluntary agreement or consent order, such agreement or order shall not be admissible as evidence in any suit, hearing or other proceeding against a person who received liability protection pursuant to this section. Voluntary agreements and consent orders are not admissible as evidence of comparative fault in any third party tort suit, hearing or other proceeding.
(1) There is established a voluntary cleanup oversight and assistance program for the voluntary cleanup of brownfield projects. The commissioner may enter into voluntary agreements or consent orders for the investigation and/or remediation of such sites or projects with any willing and able person; provided, however, that a voluntary agreement may not be employed with a person who generated, transported or released contamination that is to be addressed at the site.
(2) A person entering into a voluntary agreement or consent order shall submit to the commissioner a summary description of all known existing environmental investigations, studies, reports or documents concerning the site's environmental condition. Such summary description shall include, but shall not be limited to: (A) Date of the material; (B) Title of the material; (C) Person or entity that produced the material; (D) Results or conclusions contained in the material; (E) Any remedial action recommended including any monitoring and/or maintenance; and (F) Other information which could reasonably be construed to be material to the commissioner's decision to enter into a voluntary agreement or consent order.
(A) Date of the material;
(B) Title of the material;
(C) Person or entity that produced the material;
(D) Results or conclusions contained in the material;
(E) Any remedial action recommended including any monitoring and/or maintenance; and
(F) Other information which could reasonably be construed to be material to the commissioner's decision to enter into a voluntary agreement or consent order.
(3) The voluntary agreements or consent orders shall outline the agreed upon investigation, remediation, monitoring, and/or maintenance, and shall be consistent with § 68-212-201 . Such voluntary agreements or consent orders shall address public notice and public input. All activities shall be subject to any otherwise applicable and appropriate zoning, land use regulations and cleanup standards, including without limitation all provisions regarding public notice and opportunity for public input. All such voluntary agreements or consent orders may provide for the reimbursement of the department's oversight costs. These agreements shall not limit liability for contamination of a site occurring after the date of the voluntary agreement or consent order or for contamination not identified and addressed in the voluntary agreement or consent order.
(4) No voluntary agreement or consent order shall be entered into concerning a site listed on the federal National Priorities List, or after a site has been proposed for such listing, without the concurrence of the United States environmental protection agency (EPA). Sites that the EPA has identified and advised the commissioner as eligible to be proposed for listing on the federal National Priorities List will be managed in a cooperative process with the EPA.
(5) For inactive hazardous substance sites, the commissioner has the discretion and is authorized to establish an apportionment of liability consistent with § 68-212-207(b) in a voluntary agreement or consent order. Further, the commissioner may limit the liability of the participant in any voluntary agreement or consent order entered into pursuant to this section. Such a voluntary agreement or consent order may limit the participant's liability to the obligations set forth therein and exempt the participant from any further liability under any statute administered by the department, for investigation, remediation, monitoring and/or maintenance of contamination identified and addressed in the voluntary agreement or consent order. The commissioner may extend this liability protection to successors in interest or in title to the participant, contractors conducting response actions at the site, developers, future owners, tenants, and lenders, fiduciaries or insurers, conditioned upon performance of the voluntary agreement or consent order and compliance with any land use restrictions required thereby; provided, that such liability protection to other persons does not apply to liability that arose prior to the voluntary agreement or consent order. Nothing in this section shall impair the rights of third parties with respect to tort liability claims for damage to person or property arising from the contamination addressed by the voluntary agreements or consent orders.
(6) A person who enters into a voluntary agreement or consent order with the commissioner that contains an apportionment or limitation of liability, pursuant to this section, shall not be liable to third parties for contribution regarding matters addressed in the voluntary agreement or consent order; provided, that the third party was given actual or constructive notice of the voluntary agreement or consent order, and the third party had an actual or constructive opportunity to comment upon the voluntary agreement or consent order. Constructive notice may be accomplished by, among other means, publishing a summary of the voluntary agreement or consent order in a newspaper of general circulation within the geographical area of the site or project at least thirty (30) days prior to the effective date of the agreement or order. For inactive hazardous substance sites, such voluntary agreements or consent orders shall, to the extent provided therein, constitute an approved administrative settlement pursuant to 42 U.S.C. § 9613(f) .
(7) Except in an action to enforce a voluntary agreement or consent order, such agreement or order shall not be admissible as evidence in any suit, hearing or other proceeding against a person who received liability protection pursuant to this section. Voluntary agreements and consent orders are not admissible as evidence of comparative fault in any third party tort suit, hearing or other proceeding.
(b) There is levied a fee of five thousand dollars ($5,000) for participation in this program. This fee shall be in addition to and not in lieu of any moneys expended from the remedial action fund and shall be in addition to any other fee assessed pursuant to this part. The commissioner may waive any part, or all, of this fee if the commissioner determines that such waiver serves the public welfare.
(c) (1) The participation fees shall be used to establish a voluntary cleanup oversight and assistance fund. The purpose of this fund is to pay for state oversight of any cleanup efforts. (2) Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this part. (3) Interest accruing on investments and deposits of the voluntary cleanup oversight and assistance fund shall be returned to this fund and remain a part of this fund.
(1) The participation fees shall be used to establish a voluntary cleanup oversight and assistance fund. The purpose of this fund is to pay for state oversight of any cleanup efforts.
(2) Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this part.
(3) Interest accruing on investments and deposits of the voluntary cleanup oversight and assistance fund shall be returned to this fund and remain a part of this fund.
(d) (1) Moneys expended from the remedial action fund for investigation prior to a party's participation in this program shall be recovered and deposited to that fund. (2) Once a consent order has been entered, the commissioner has the discretion and is authorized to expend moneys from the remedial action fund to pay that portion of the investigation, cleanup, monitoring, maintenance and oversight of an inactive hazardous substance site to the extent such expenditures are not allocated under the consent order to the potentially liable party conducting the investigation and cleanup of the inactive hazardous substance site pursuant to this program. The commissioner is authorized to seek recovery of such expenditures from the remedial action fund from other liable parties in the full amount of their respective allocated share of liability by any legal remedy through the exercise of the commissioner's powers and duties as established by this part; provided, that if the consent order establishes an allocation of liability for the potentially liable party participating in the voluntary program, the commissioner may not assess the participant for a share of liability greater than the allocation established in the consent order.
(1) Moneys expended from the remedial action fund for investigation prior to a party's participation in this program shall be recovered and deposited to that fund.
(2) Once a consent order has been entered, the commissioner has the discretion and is authorized to expend moneys from the remedial action fund to pay that portion of the investigation, cleanup, monitoring, maintenance and oversight of an inactive hazardous substance site to the extent such expenditures are not allocated under the consent order to the potentially liable party conducting the investigation and cleanup of the inactive hazardous substance site pursuant to this program. The commissioner is authorized to seek recovery of such expenditures from the remedial action fund from other liable parties in the full amount of their respective allocated share of liability by any legal remedy through the exercise of the commissioner's powers and duties as established by this part; provided, that if the consent order establishes an allocation of liability for the potentially liable party participating in the voluntary program, the commissioner may not assess the participant for a share of liability greater than the allocation established in the consent order.
(e) The criteria for selecting containment and cleanup actions, including monitoring and maintenance options to be followed under the voluntary cleanup and oversight assistance program, shall be those specified in § 68-212-206(d) .
(f) In the event a person does not fulfill all the requirements established in a voluntary agreement or consent order, the commissioner may seek to enforce the voluntary agreement or consent order through any legal remedy.
(g) Upon completion of all terms and conditions of a voluntary agreement or consent order under this program, the commissioner shall issue a letter to the participant stating that the obligations under the voluntary agreement or consent order have been completed and, if appropriate, that no further action will be required of the participant. Upon reasonable request of the participant, the commissioner shall issue from time to time interim letters stating what specific obligations remain to achieve completion.
(h) Any consent order, voluntary agreement, the creation or removal of deed restrictions, and any other final agency action is subject to review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. When public notice is required to be given pursuant to this section, at a minimum, notice shall be sent by certified mail to all local governments having jurisdiction over any part of the subject property and to all owners of adjoining properties.
Acts 1994, ch. 890, § 12; 1995, ch. 394, §§ 1-4; 2001, ch. 449, §§ 3 - 7.
Tenn. Code Ann. § 68-202-603 — TN Code / Title 68 / Chapter 202 / Section 68-202-603
Governor to provide funds before expenditure
Status: in_force

Any supplementary agreement entered into under Article VI of the compact requiring the expenditure of funds shall not become effective as to the state until the required funds are provided for by the governor. Acts 1961, ch. 104, § 3; T.C.A., §§ 53-3503, 68-23-603.
Any supplementary agreement entered into under Article VI of the compact requiring the expenditure of funds shall not become effective as to the state until the required funds are provided for by the governor.
Acts 1961, ch. 104, § 3; T.C.A., §§ 53-3503, 68-23-603.
Tenn. Code Ann. § 68-211-919 — TN Code / Title 68 / Chapter 211 / Section 68-211-919
Acquisition of project sites - Method - Authorization
Status: in_force

Any county or municipality with respect to which the authority was organized may acquire a project site by gift, purchase, lease or condemnation, and may transfer any project site to the authority by sale, lease or gift. Such transfer may be authorized by a resolution of the governing body of such county or municipality without submission of the question to the voters, and without regard to the requirements, restrictions, limitations or other provisions contained in any other law. Acts 1991, ch. 451, § 76; T.C.A., § 68-31-919.
Any county or municipality with respect to which the authority was organized may acquire a project site by gift, purchase, lease or condemnation, and may transfer any project site to the authority by sale, lease or gift. Such transfer may be authorized by a resolution of the governing body of such county or municipality without submission of the question to the voters, and without regard to the requirements, restrictions, limitations or other provisions contained in any other law.
Acts 1991, ch. 451, § 76; T.C.A., § 68-31-919.
Tenn. Code Ann. § 68-212-105 — TN Code / Title 68 / Chapter 212 / Section 68-212-105
Unlawful acts
Status: in_force

It is unlawful to: (1) Place or deposit any hazardous waste into the waters of the state except in a manner approved by the department or the Tennessee board of water quality, oil and gas; (2) Burn hazardous waste except in a manner and under the conditions prescribed by the department or the air pollution control board; (3) Construct, alter, operate, own, close, or maintain after closure a hazardous waste treatment, storage, or disposal facility in violation of the rules and regulations established under this part or in violation of orders of the commissioner or board, or in such a manner as to create a public nuisance or a hazard to public health; (4) Store, containerize, label, transport, treat or dispose of hazardous waste or fail to provide information in violation of the rules, regulations, or orders of the commissioner or board, or in such a manner as to create a public nuisance or a hazard to the public health; (5) Refuse or fail to pay to the department fees assessed pursuant to this part and in violation of the rules, regulations, or orders of the commissioner or board; or (6) Site a new commercial hazardous waste facility less than one thousand five hundred feet (1,500') from residential, child care, church, park or school property. Amended by 2018 Tenn. Acts, ch. 839, s 21, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 1977, ch. 175, § 4; 1979, ch. 410, § 3; T.C.A., § 53-6305; Acts 1983, ch. 317, § 1; 1984, ch. 577, § 3; T.C.A., § 68-46-105; Acts 1998, ch. 1089, § 1; 2000, ch. 981, § 67.
It is unlawful to:
(1) Place or deposit any hazardous waste into the waters of the state except in a manner approved by the department or the Tennessee board of water quality, oil and gas;
(2) Burn hazardous waste except in a manner and under the conditions prescribed by the department or the air pollution control board;
(3) Construct, alter, operate, own, close, or maintain after closure a hazardous waste treatment, storage, or disposal facility in violation of the rules and regulations established under this part or in violation of orders of the commissioner or board, or in such a manner as to create a public nuisance or a hazard to public health;
(4) Store, containerize, label, transport, treat or dispose of hazardous waste or fail to provide information in violation of the rules, regulations, or orders of the commissioner or board, or in such a manner as to create a public nuisance or a hazard to the public health;
(5) Refuse or fail to pay to the department fees assessed pursuant to this part and in violation of the rules, regulations, or orders of the commissioner or board; or
(6) Site a new commercial hazardous waste facility less than one thousand five hundred feet (1,500') from residential, child care, church, park or school property.
Amended by 2018 Tenn. Acts, ch. 839, s 21, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Acts 1977, ch. 175, § 4; 1979, ch. 410, § 3; T.C.A., § 53-6305; Acts 1983, ch. 317, § 1; 1984, ch. 577, § 3; T.C.A., § 68-46-105; Acts 1998, ch. 1089, § 1; 2000, ch. 981, § 67.
Tenn. Code Ann. § 68-211-601 — TN Code / Title 68 / Chapter 211 / Section 68-211-601
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Solid Waste Planning and Recovery Act." Acts 1989, ch. 250, § 1; T.C.A., § 68-31-601.
This part shall be known and may be cited as the "Tennessee Solid Waste Planning and Recovery Act."
Acts 1989, ch. 250, § 1; T.C.A., § 68-31-601.
Tenn. Code Ann. § 68-212-101 — TN Code / Title 68 / Chapter 212 / Section 68-212-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Hazardous Waste Management Act." Acts 1977, ch. 175, § 1; T.C.A., §§ 53-6301, 68-46-101.
This part shall be known and may be cited as the "Tennessee Hazardous Waste Management Act."
Acts 1977, ch. 175, § 1; T.C.A., §§ 53-6301, 68-46-101.
Tenn. Code Ann. § 68-221-1105 — TN Code / Title 68 / Chapter 221 / Section 68-221-1105
Municipal authority
Status: in_force

(a) In order to protect the public health, municipalities authorized to provide storm water and flood control facilities by this part are authorized by appropriate ordinance or resolution to: (1) Exercise general regulation over the planning, location, construction, and operation and maintenance over storm water facilities in the municipality, whether owned and operated by the municipality or not; (2) Adopt any rules and regulations deemed necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits; (3) Establish standards to regulate the quantity of storm water discharged and to regulate storm water contaminants as may be necessary to protect water quality; (4) Review and approve plans and plats for storm water management in proposed subdivisions or commercial developments; (5) Issue permits for storm water discharges, or for the construction, alteration, extension, or repair of storm water facilities; (6) Suspend or revoke permits when it is determined that the person has violated any applicable ordinance, resolution, or condition of the permit; (7) Regulate and prohibit discharges into storm water facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and (8) Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of storm water contamination, whether public or private. (b) Municipalities may only exercise the authority granted by subsection (a) in a manner consistent with all requirements of state and federal law that apply to such activities. (c) In counties with a metropolitan form of government, the legislative body may, by ordinance, assign responsibility for the planning, location, construction, and operation and maintenance over storm water facilities in the metropolitan county to any department, board or commission. (d) In counties having governments other than metropolitan or consolidated governments, the county shall only be empowered to exercise the authority granted by this part outside the jurisdiction of an incorporated city or town. Acts 1993, ch. 257, § 5; 1995, ch. 409, § 1; 2001, ch. 119, § 3.
(a) In order to protect the public health, municipalities authorized to provide storm water and flood control facilities by this part are authorized by appropriate ordinance or resolution to: (1) Exercise general regulation over the planning, location, construction, and operation and maintenance over storm water facilities in the municipality, whether owned and operated by the municipality or not; (2) Adopt any rules and regulations deemed necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits; (3) Establish standards to regulate the quantity of storm water discharged and to regulate storm water contaminants as may be necessary to protect water quality; (4) Review and approve plans and plats for storm water management in proposed subdivisions or commercial developments; (5) Issue permits for storm water discharges, or for the construction, alteration, extension, or repair of storm water facilities; (6) Suspend or revoke permits when it is determined that the person has violated any applicable ordinance, resolution, or condition of the permit; (7) Regulate and prohibit discharges into storm water facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and (8) Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of storm water contamination, whether public or private.
(1) Exercise general regulation over the planning, location, construction, and operation and maintenance over storm water facilities in the municipality, whether owned and operated by the municipality or not;
(2) Adopt any rules and regulations deemed necessary to accomplish the purposes of this part, including the adoption of a system of fees for services and permits;
(3) Establish standards to regulate the quantity of storm water discharged and to regulate storm water contaminants as may be necessary to protect water quality;
(4) Review and approve plans and plats for storm water management in proposed subdivisions or commercial developments;
(5) Issue permits for storm water discharges, or for the construction, alteration, extension, or repair of storm water facilities;
(6) Suspend or revoke permits when it is determined that the person has violated any applicable ordinance, resolution, or condition of the permit;
(7) Regulate and prohibit discharges into storm water facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and
(8) Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of storm water contamination, whether public or private.
(b) Municipalities may only exercise the authority granted by subsection (a) in a manner consistent with all requirements of state and federal law that apply to such activities.
(c) In counties with a metropolitan form of government, the legislative body may, by ordinance, assign responsibility for the planning, location, construction, and operation and maintenance over storm water facilities in the metropolitan county to any department, board or commission.
(d) In counties having governments other than metropolitan or consolidated governments, the county shall only be empowered to exercise the authority granted by this part outside the jurisdiction of an incorporated city or town.
Acts 1993, ch. 257, § 5; 1995, ch. 409, § 1; 2001, ch. 119, § 3.
Tenn. Code Ann. § 68-211-204 — TN Code / Title 68 / Chapter 211 / Section 68-211-204
Duties of covered generator
Status: in_force

(a) On or after January 1, 2011: (1) No covered generator shall dispose of a mercury-added consumer product as non-hazardous solid waste under Tenn. Comp. R. & Regs. 1200-1-7; and (2) A covered generator shall ensure that its discarded mercury-added consumer products are: (A) Shipped for recycling, treatment, or disposal to either a universal waste destination facility or a hazardous waste management facility that has been permitted to manage such materials by the federal environmental protection agency (EPA) pursuant to the federal Resource Conservation and Recovery Act ("RCRA") ( 42 U.S.C. § 6901 et seq.) by a state program that has been authorized by the EPA to implement the pertinent portions of RCRA in the state, or by a foreign government; and (B) Managed prior to receipt at such universal waste destination facility or hazardous waste management facility in accordance with, as applicable, either: (i) The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 - 0400-12-01-.07; or (ii) The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11. (b) Any person who separates and collects from a municipal solid waste stream either mercury-added consumer products from generators that are not covered generators, or mercury-containing excluded products shall be subject to the same requirements as covered generators as provided in subsection (a). Acts 2010 , ch. 840, § 5.
(a) On or after January 1, 2011: (1) No covered generator shall dispose of a mercury-added consumer product as non-hazardous solid waste under Tenn. Comp. R. & Regs. 1200-1-7; and (2) A covered generator shall ensure that its discarded mercury-added consumer products are: (A) Shipped for recycling, treatment, or disposal to either a universal waste destination facility or a hazardous waste management facility that has been permitted to manage such materials by the federal environmental protection agency (EPA) pursuant to the federal Resource Conservation and Recovery Act ("RCRA") ( 42 U.S.C. § 6901 et seq.) by a state program that has been authorized by the EPA to implement the pertinent portions of RCRA in the state, or by a foreign government; and (B) Managed prior to receipt at such universal waste destination facility or hazardous waste management facility in accordance with, as applicable, either: (i) The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 - 0400-12-01-.07; or (ii) The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11.
(1) No covered generator shall dispose of a mercury-added consumer product as non-hazardous solid waste under Tenn. Comp. R. & Regs. 1200-1-7; and
(2) A covered generator shall ensure that its discarded mercury-added consumer products are: (A) Shipped for recycling, treatment, or disposal to either a universal waste destination facility or a hazardous waste management facility that has been permitted to manage such materials by the federal environmental protection agency (EPA) pursuant to the federal Resource Conservation and Recovery Act ("RCRA") ( 42 U.S.C. § 6901 et seq.) by a state program that has been authorized by the EPA to implement the pertinent portions of RCRA in the state, or by a foreign government; and (B) Managed prior to receipt at such universal waste destination facility or hazardous waste management facility in accordance with, as applicable, either: (i) The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 - 0400-12-01-.07; or (ii) The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11.
(A) Shipped for recycling, treatment, or disposal to either a universal waste destination facility or a hazardous waste management facility that has been permitted to manage such materials by the federal environmental protection agency (EPA) pursuant to the federal Resource Conservation and Recovery Act ("RCRA") ( 42 U.S.C. § 6901 et seq.) by a state program that has been authorized by the EPA to implement the pertinent portions of RCRA in the state, or by a foreign government; and
(B) Managed prior to receipt at such universal waste destination facility or hazardous waste management facility in accordance with, as applicable, either: (i) The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 - 0400-12-01-.07; or (ii) The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11.
(i) The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 - 0400-12-01-.07; or
(ii) The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11.
(b) Any person who separates and collects from a municipal solid waste stream either mercury-added consumer products from generators that are not covered generators, or mercury-containing excluded products shall be subject to the same requirements as covered generators as provided in subsection (a).
Acts 2010 , ch. 840, § 5.
Tenn. Code Ann. § 68-201-112 — TN Code / Title 68 / Chapter 201 / Section 68-201-112
Penalty for violations - Duty of district attorneys general - Abatement of public nuisance
Status: in_force

(a) Any person who knowingly: (1) Violates or fails to comply with any provision of this part, any board or administrative order, or any duly promulgated air pollution control regulation, or any ordinance adopted pursuant to this part or permit condition; (2) Makes any false material statement, representation, or certification in any record, report, plan or other document required by permit to be either filed or maintained; (3) Falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained or followed; or (4) Fails to pay a fee established by the air pollution control board; commits a Class C misdemeanor with the fine not to exceed ten thousand dollars ($10,000) per day per violation. For the purpose of this section, each day of continued violation constitutes a separate offense and is punishable as such. (b) No warrant, presentment or indictment arising under this part shall be issued except upon application, authorized in writing, by the board, the commissioner, or either of them, or by a local pollution control program operating under a certificate of exemption pursuant to § 68-201-115 , for a violation within its jurisdiction. (c) It is the duty of the district attorneys general in the various judicial districts throughout the state to assist the board or commissioner, upon request, either by prosecuting or by assisting the board or the commissioner in prosecuting those persons the board or commissioner has reasonable cause to believe are violating any provision of this part or any rule or regulation duly promulgated in accordance with this part. (d) In addition and supplemental to any criminal action that may be prosecuted under this section, the board and commissioner have and are vested with jurisdiction and authority to determine whether or not any provision of this part, or rules or regulations adopted pursuant to this part, or any order of the board has been violated, and whether or not such violation constitutes a public nuisance. Upon such finding that a public nuisance exists, the board or commissioner has authority to abate any such public nuisance in the manner provided by the general law relating to the abatement of public nuisances. Acts 1967, ch. 367, § 12; 1970, ch. 540, § 1; 1971, ch. 362, § 10; 1976, ch. 639, § 2; 1979, ch. 299, §§ 2, 7; 1979, ch. 422, § 17; T.C.A., § 53-3419; Acts 1989, ch. 591, § 113; T.C.A., § 68-25-112; Acts 1994, ch. 684, §§ 1, 2.
(a) Any person who knowingly: (1) Violates or fails to comply with any provision of this part, any board or administrative order, or any duly promulgated air pollution control regulation, or any ordinance adopted pursuant to this part or permit condition; (2) Makes any false material statement, representation, or certification in any record, report, plan or other document required by permit to be either filed or maintained; (3) Falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained or followed; or (4) Fails to pay a fee established by the air pollution control board; commits a Class C misdemeanor with the fine not to exceed ten thousand dollars ($10,000) per day per violation. For the purpose of this section, each day of continued violation constitutes a separate offense and is punishable as such.
(1) Violates or fails to comply with any provision of this part, any board or administrative order, or any duly promulgated air pollution control regulation, or any ordinance adopted pursuant to this part or permit condition;
(2) Makes any false material statement, representation, or certification in any record, report, plan or other document required by permit to be either filed or maintained;
(3) Falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained or followed; or
(4) Fails to pay a fee established by the air pollution control board; commits a Class C misdemeanor with the fine not to exceed ten thousand dollars ($10,000) per day per violation. For the purpose of this section, each day of continued violation constitutes a separate offense and is punishable as such.
commits a Class C misdemeanor with the fine not to exceed ten thousand dollars ($10,000) per day per violation. For the purpose of this section, each day of continued violation constitutes a separate offense and is punishable as such.
(b) No warrant, presentment or indictment arising under this part shall be issued except upon application, authorized in writing, by the board, the commissioner, or either of them, or by a local pollution control program operating under a certificate of exemption pursuant to § 68-201-115 , for a violation within its jurisdiction.
(c) It is the duty of the district attorneys general in the various judicial districts throughout the state to assist the board or commissioner, upon request, either by prosecuting or by assisting the board or the commissioner in prosecuting those persons the board or commissioner has reasonable cause to believe are violating any provision of this part or any rule or regulation duly promulgated in accordance with this part.
(d) In addition and supplemental to any criminal action that may be prosecuted under this section, the board and commissioner have and are vested with jurisdiction and authority to determine whether or not any provision of this part, or rules or regulations adopted pursuant to this part, or any order of the board has been violated, and whether or not such violation constitutes a public nuisance. Upon such finding that a public nuisance exists, the board or commissioner has authority to abate any such public nuisance in the manner provided by the general law relating to the abatement of public nuisances.
Acts 1967, ch. 367, § 12; 1970, ch. 540, § 1; 1971, ch. 362, § 10; 1976, ch. 639, § 2; 1979, ch. 299, §§ 2, 7; 1979, ch. 422, § 17; T.C.A., § 53-3419; Acts 1989, ch. 591, § 113; T.C.A., § 68-25-112; Acts 1994, ch. 684, §§ 1, 2.
Tenn. Code Ann. § 68-211-202 — TN Code / Title 68 / Chapter 211 / Section 68-211-202
Purpose
Status: in_force

The general assembly finds and declares that: (1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment; (2) According to recent studies, mercury deposition is a significant problem in the southeast; and (3) The removal of mercury-containing products from solid wastes that are collected and disposed of in landfills or through incineration is a means of reducing the deposition of mercury into the environment and mercury's threat to public health and the environment. Acts 2010, ch. 840, § 3.
The general assembly finds and declares that:
(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment;
(2) According to recent studies, mercury deposition is a significant problem in the southeast; and
(3) The removal of mercury-containing products from solid wastes that are collected and disposed of in landfills or through incineration is a means of reducing the deposition of mercury into the environment and mercury's threat to public health and the environment.
Acts 2010, ch. 840, § 3.
Tenn. Code Ann. § 68-221-908 — TN Code / Title 68 / Chapter 221 / Section 68-221-908
Certification by commissioner
Status: in_force

The commissioner, in accordance with the rules and regulations of the board, shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution systems, and wastewater collection systems, after considering the recommendations of the board appointed by the governor. Acts 1984, ch. 812, § 7; T.C.A., § 68-13-908.
The commissioner, in accordance with the rules and regulations of the board, shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution systems, and wastewater collection systems, after considering the recommendations of the board appointed by the governor.
Acts 1984, ch. 812, § 7; T.C.A., § 68-13-908.
Tenn. Code Ann. § 68-215-121 — TN Code / Title 68 / Chapter 215 / Section 68-215-121
Civil penalty - Assessment
Status: in_force

(a) Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner or board, any rule, regulation, or standard pursuant to this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per day for each day of violation. This civil penalty may be assessed by the commissioner, the board or the court. Each day such violation continues constitutes a separate punishable offense, and such person is also liable for any damages to the state resulting therefrom. In deciding whether to assess a civil penalty and determining the amount of such assessment, the commissioner, board, or court may consider all of the circumstances surrounding the violation, including the past compliance history of the violator, the degree of risk posed to the environment by the violation, as well as the factors enumerated in subsection (c). (b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; (2) Any person against whom an assessment has been issued may petition the board for a review of the assessment; (3) The manner of review for an assessment shall be the same as that for an order as set out in § 68-215-119 ; (4) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (5) Whenever any assessment has become final because of a person's failure to appeal either the commissioner's assessment or the board's order, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment in a summary proceeding. The court, in such proceedings, shall treat the failure to appeal such assessment as confession of judgment in the amount of the assessment; and (6) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. (c) In assessing a civil penalty, the following factors may be considered: (1) The harm done to the public health and/or the environment; (2) The economic benefit gained by the violator through noncompliance; (3) The amount of effort put forth by the violator to obtain compliance; and (4) Any unusual or extraordinary enforcement costs incurred by the commissioner, including compensation for loss or destruction of wildlife, fish, and any aquatic life resulting from the violation. (d) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this chapter and in restoring the air, water, land, and other property, including the replacement of animal, plant, and aquatic life destroyed due to the violation. (e) Any person qualified under the Tennessee Rules of Civil Procedure may intervene in any court action brought by the commissioner or board pursuant to this chapter. Acts 1988, ch. 984, § 23; T.C.A., § 68-53-121; Acts 2005, ch. 350, § 1.
(a) Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner or board, any rule, regulation, or standard pursuant to this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per day for each day of violation. This civil penalty may be assessed by the commissioner, the board or the court. Each day such violation continues constitutes a separate punishable offense, and such person is also liable for any damages to the state resulting therefrom. In deciding whether to assess a civil penalty and determining the amount of such assessment, the commissioner, board, or court may consider all of the circumstances surrounding the violation, including the past compliance history of the violator, the degree of risk posed to the environment by the violation, as well as the factors enumerated in subsection (c).
(b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested; (2) Any person against whom an assessment has been issued may petition the board for a review of the assessment; (3) The manner of review for an assessment shall be the same as that for an order as set out in § 68-215-119 ; (4) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (5) Whenever any assessment has become final because of a person's failure to appeal either the commissioner's assessment or the board's order, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment in a summary proceeding. The court, in such proceedings, shall treat the failure to appeal such assessment as confession of judgment in the amount of the assessment; and (6) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(1) The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested;
(2) Any person against whom an assessment has been issued may petition the board for a review of the assessment;
(3) The manner of review for an assessment shall be the same as that for an order as set out in § 68-215-119 ;
(4) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;
(5) Whenever any assessment has become final because of a person's failure to appeal either the commissioner's assessment or the board's order, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment in a summary proceeding. The court, in such proceedings, shall treat the failure to appeal such assessment as confession of judgment in the amount of the assessment; and
(6) The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(c) In assessing a civil penalty, the following factors may be considered: (1) The harm done to the public health and/or the environment; (2) The economic benefit gained by the violator through noncompliance; (3) The amount of effort put forth by the violator to obtain compliance; and (4) Any unusual or extraordinary enforcement costs incurred by the commissioner, including compensation for loss or destruction of wildlife, fish, and any aquatic life resulting from the violation.
(1) The harm done to the public health and/or the environment;
(2) The economic benefit gained by the violator through noncompliance;
(3) The amount of effort put forth by the violator to obtain compliance; and
(4) Any unusual or extraordinary enforcement costs incurred by the commissioner, including compensation for loss or destruction of wildlife, fish, and any aquatic life resulting from the violation.
(d) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this chapter and in restoring the air, water, land, and other property, including the replacement of animal, plant, and aquatic life destroyed due to the violation.
(e) Any person qualified under the Tennessee Rules of Civil Procedure may intervene in any court action brought by the commissioner or board pursuant to this chapter.
Acts 1988, ch. 984, § 23; T.C.A., § 68-53-121; Acts 2005, ch. 350, § 1.
Tenn. Code Ann. § 68-212-223 — TN Code / Title 68 / Chapter 212 / Section 68-212-223
No permits for landfills violating Section 11-13-111
Status: in_force

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 . Acts 1990, ch. 1077, § 2; T.C.A., § 68-46-223.
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 .
Acts 1990, ch. 1077, § 2; T.C.A., § 68-46-223.
Tenn. Code Ann. § 68-211-104 — TN Code / Title 68 / Chapter 211 / Section 68-211-104
Unlawful methods of disposal
Status: in_force

It is unlawful to: (1) Place or deposit any solid waste into the waters of the state except in a manner approved by the department or the Tennessee board of water quality, oil and gas; (2) Burn solid wastes except in a manner and under conditions prescribed by the department and the Tennessee air pollution control board; (3) Construct, alter, or operate a solid waste processing or disposal facility or site in violation of the rules, regulations, or orders of the commissioner or in such a manner as to create a public nuisance; or (4) Transport, process or dispose of solid waste in violation of this chapter, the rules and regulations established under this chapter or in violation of the orders of the commissioner or board. Amended by 2021 Tenn. Acts, ch. 548,s 3, eff. 5/26/2021. Acts 1969, ch. 295, § 4; impl. am. Acts 1971, ch. 164, § 4; T.C.A., §§ 53-4304, 68-31-104; Acts 1996, ch. 846, §§ 1, 2.
It is unlawful to:
(1) Place or deposit any solid waste into the waters of the state except in a manner approved by the department or the Tennessee board of water quality, oil and gas;
(2) Burn solid wastes except in a manner and under conditions prescribed by the department and the Tennessee air pollution control board;
(3) Construct, alter, or operate a solid waste processing or disposal facility or site in violation of the rules, regulations, or orders of the commissioner or in such a manner as to create a public nuisance; or
(4) Transport, process or dispose of solid waste in violation of this chapter, the rules and regulations established under this chapter or in violation of the orders of the commissioner or board.
Amended by 2021 Tenn. Acts, ch. 548,s 3, eff. 5/26/2021.
Acts 1969, ch. 295, § 4; impl. am. Acts 1971, ch. 164, § 4; T.C.A., §§ 53-4304, 68-31-104; Acts 1996, ch. 846, §§ 1, 2.
Tenn. Code Ann. § 68-211-302 — TN Code / Title 68 / Chapter 211 / Section 68-211-302
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Fee" means the tire environmental fee created by this part; (2) "Fund" means the tire environmental fund created by this part; (3) "Motor vehicle" means any vehicle that is self-propelled and designed to be used on public highways; and (4) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle. Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
As used in this part, unless the context otherwise requires:
(1) "Fee" means the tire environmental fee created by this part;
(2) "Fund" means the tire environmental fund created by this part;
(3) "Motor vehicle" means any vehicle that is self-propelled and designed to be used on public highways; and
(4) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle.
Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
Tenn. Code Ann. § 68-211-915 — TN Code / Title 68 / Chapter 211 / Section 68-211-915
Annual audit - Cost - Copies of audit available to public
Status: in_force

Except as otherwise approved by the comptroller of the treasury, any authority created pursuant to this chapter has the power and shall cause to be made an annual audit of the accounts and records of the authority. The audit shall include all funds of the authority, whether held by the authority or pursuant to trust indentures. The comptroller of the treasury shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and determining if the audits meet minimum audit standards which shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until such audit has been approved by the comptroller of the treasury. The audits may be prepared by certified public accountants, public accountants or by the comptroller of the treasury. In the event the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department of audit to prepare the audit. The cost of such audit shall be paid by the authority. All such audits shall be completed as soon as practicable after the end of the authority's fiscal year. One (1) copy of the audit shall be furnished to each member of the board of directors, the chief executive officer or officers of the county or counties with respect to which the authority has organized and the comptroller of the treasury. Copies of each audit shall also be made available to the public. Acts 1991, ch. 451, § 72; T.C.A., § 68-31-915; Acts 2012, ch. 578, § 3.
Except as otherwise approved by the comptroller of the treasury, any authority created pursuant to this chapter has the power and shall cause to be made an annual audit of the accounts and records of the authority. The audit shall include all funds of the authority, whether held by the authority or pursuant to trust indentures. The comptroller of the treasury shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and determining if the audits meet minimum audit standards which shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until such audit has been approved by the comptroller of the treasury. The audits may be prepared by certified public accountants, public accountants or by the comptroller of the treasury. In the event the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department of audit to prepare the audit. The cost of such audit shall be paid by the authority. All such audits shall be completed as soon as practicable after the end of the authority's fiscal year. One (1) copy of the audit shall be furnished to each member of the board of directors, the chief executive officer or officers of the county or counties with respect to which the authority has organized and the comptroller of the treasury. Copies of each audit shall also be made available to the public.
Acts 1991, ch. 451, § 72; T.C.A., § 68-31-915; Acts 2012, ch. 578, § 3.
Tenn. Code Ann. § 68-211-913 — TN Code / Title 68 / Chapter 211 / Section 68-211-913
Revenues and income of authority - Directors and employees
Status: in_force

No part of the revenues or income of the authority shall inure to the benefit of any director or employee of the authority except as expressly authorized by this part. Acts 1991, ch. 451, § 70; T.C.A., § 68-31-913.
No part of the revenues or income of the authority shall inure to the benefit of any director or employee of the authority except as expressly authorized by this part.
Acts 1991, ch. 451, § 70; T.C.A., § 68-31-913.
Tenn. Code Ann. § 68-211-902 — TN Code / Title 68 / Chapter 211 / Section 68-211-902
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authority" or "solid waste authority" means any public instrumentality organized pursuant to this part; (2) "Bonds" or "revenue bonds" means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this part, or pursuant to any other law, as supplemented by, or in conjunction with, this part; (3) "Contracting party" or "other contracting party" means any party to a sale contract or loan agreement except the authority; (4) "Governing body" means the body in which the general legislative powers of a municipal corporation are vested and, in the case of counties, means the legislative body of the respective counties; (5) "Person" means person as defined in § 68-211-103 ; (6) "Project" means any solid waste disposal facility or resource recovery facility, or any combination thereof; (7) "Resource recovery facility" means land, rights in land, buildings, facilities and equipment suitable or necessary for the recovery or production of energy or energy producing materials in any form resulting from the controlled processing or disposal of solid waste or the systematic separation, extraction and recovery of recyclable materials from the solid waste stream, including facilities or systems for the storage, conversion or transportation thereof; (8) "Revenue" means all rents, fees and other charges received by the authority for use of its projects, facilities and services including, without limitation, all amounts received for the collection, transportation, disposal or processing of solid waste, the operation of any project, or the sale, storage, distribution or transportation of energy, energy producing materials or other materials or commodities by the authority; (9) "Solid waste" means solid waste as defined in § 68-211-103 ; (10) "Solid waste facility" means land, rights in land, buildings, facilities and equipment suitable or necessary for collecting, receiving, transferring, placing, confining, compacting, treating or covering solid waste or for processing solid waste by, without limitation, incinerating, composting, separating, grinding, shredding, reducing or otherwise modifying the characteristics or properties thereof, including all property, real and personal, appurtenant thereto or connected with such work; and (11) "State of Tennessee" means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality thereof now or hereafter existing. Acts 1991, ch. 451, § 59; T.C.A., § 68-31-902; Acts 1996, ch. 846, §§ 42-44.
As used in this part, unless the context otherwise requires:
(1) "Authority" or "solid waste authority" means any public instrumentality organized pursuant to this part;
(2) "Bonds" or "revenue bonds" means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this part, or pursuant to any other law, as supplemented by, or in conjunction with, this part;
(3) "Contracting party" or "other contracting party" means any party to a sale contract or loan agreement except the authority;
(4) "Governing body" means the body in which the general legislative powers of a municipal corporation are vested and, in the case of counties, means the legislative body of the respective counties;
(5) "Person" means person as defined in § 68-211-103 ;
(6) "Project" means any solid waste disposal facility or resource recovery facility, or any combination thereof;
(7) "Resource recovery facility" means land, rights in land, buildings, facilities and equipment suitable or necessary for the recovery or production of energy or energy producing materials in any form resulting from the controlled processing or disposal of solid waste or the systematic separation, extraction and recovery of recyclable materials from the solid waste stream, including facilities or systems for the storage, conversion or transportation thereof;
(8) "Revenue" means all rents, fees and other charges received by the authority for use of its projects, facilities and services including, without limitation, all amounts received for the collection, transportation, disposal or processing of solid waste, the operation of any project, or the sale, storage, distribution or transportation of energy, energy producing materials or other materials or commodities by the authority;
(9) "Solid waste" means solid waste as defined in § 68-211-103 ;
(10) "Solid waste facility" means land, rights in land, buildings, facilities and equipment suitable or necessary for collecting, receiving, transferring, placing, confining, compacting, treating or covering solid waste or for processing solid waste by, without limitation, incinerating, composting, separating, grinding, shredding, reducing or otherwise modifying the characteristics or properties thereof, including all property, real and personal, appurtenant thereto or connected with such work; and
(11) "State of Tennessee" means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality thereof now or hereafter existing.
Acts 1991, ch. 451, § 59; T.C.A., § 68-31-902; Acts 1996, ch. 846, §§ 42-44.
Tenn. Code Ann. § 68-211-121 — TN Code / Title 68 / Chapter 211 / Section 68-211-121
Landfills and processing facilities - Inspection of waste
Status: in_force

To ensure that landfills and processing facilities receive only lawfully acceptable waste, the operator of each facility shall inspect waste received at the facility in accordance with a plan approved by the commissioner. Such plan shall provide for a level of inspection that is equivalent to that which is required for baled waste in § 68-211-119 . Acts 1991, ch. 451, § 9; T.C.A., § 68-31-121.
To ensure that landfills and processing facilities receive only lawfully acceptable waste, the operator of each facility shall inspect waste received at the facility in accordance with a plan approved by the commissioner. Such plan shall provide for a level of inspection that is equivalent to that which is required for baled waste in § 68-211-119 .
Acts 1991, ch. 451, § 9; T.C.A., § 68-31-121.
Tenn. Code Ann. § 68-221-710 — TN Code / Title 68 / Chapter 221 / Section 68-221-710
Emergency plan for provision of water
Status: in_force

(a) The commissioner shall develop a plan for the provision of safe drinking water under emergency circumstances. (b) When, in the judgment of the commissioner, emergency circumstances exist in the state with respect to a need for safe drinking water, the commissioner may take such actions as the commissioner may deem necessary in order to provide such water where it otherwise would not be available. Acts 1983, ch. 324, § 11; T.C.A., § 68-13-710.
(a) The commissioner shall develop a plan for the provision of safe drinking water under emergency circumstances.
(b) When, in the judgment of the commissioner, emergency circumstances exist in the state with respect to a need for safe drinking water, the commissioner may take such actions as the commissioner may deem necessary in order to provide such water where it otherwise would not be available.
Acts 1983, ch. 324, § 11; T.C.A., § 68-13-710.
Tenn. Code Ann. § 68-202-404 — TN Code / Title 68 / Chapter 202 / Section 68-202-404
Payment and life of bond
Status: in_force

(a) The bonds obtained by specific licensees shall be payable to the state of Tennessee and shall remain effective for a reasonable period of time, to be determined by the commissioner, following the expiration of the license covered by the bond. (b) The commissioner may revoke any existing specific license or withhold the issuance of a new specific license pending the furnishing by the applicant of an acceptable bond. Acts 1976, ch. 475, § 4; T.C.A., §§ 53-3326, 68-23-404.
(a) The bonds obtained by specific licensees shall be payable to the state of Tennessee and shall remain effective for a reasonable period of time, to be determined by the commissioner, following the expiration of the license covered by the bond.
(b) The commissioner may revoke any existing specific license or withhold the issuance of a new specific license pending the furnishing by the applicant of an acceptable bond.
Acts 1976, ch. 475, § 4; T.C.A., §§ 53-3326, 68-23-404.
Tenn. Code Ann. § 68-215-127 — TN Code / Title 68 / Chapter 215 / Section 68-215-127
Exclusivity of provisions
Status: in_force

(a) Notwithstanding any provision of law to the contrary, all releases of petroleum or petroleum products from petroleum underground storage tanks shall be solely and exclusively regulated pursuant to this chapter and rules and regulations promulgated to implement this chapter. (b) Notwithstanding any provision of law to the contrary, all releases of petroleum or petroleum products that by request or directive of the department require a clean-up response under state law shall be solely and exclusively subject to the soil and groundwater classification and clean-up criteria promulgated hereunder. For purposes of the preceding sentence, "soil and groundwater classification and clean-up criteria" refers to the procedures, methods and levels developed to determine appropriate clean-up levels for soil and groundwater, including, without limitation, the classification of soil and groundwater by use, quality or other category, the manner of establishing a site-specific cleanup standard and promulgated clean-up levels. "Soil and groundwater classification and clean-up criteria," however, does not include the procedures and methods of conducting an investigation, such as determining the extent of contamination, or a cleanup, such as the selection, design or implementation of a remedy. The soil and groundwater classification and clean-up criteria shall be applied by all the divisions of the department pursuant to any applicable law. Acts 1988, ch. 984, § 29; T.C.A., § 68-53-127; Acts 1996, ch. 864, § 1.
(a) Notwithstanding any provision of law to the contrary, all releases of petroleum or petroleum products from petroleum underground storage tanks shall be solely and exclusively regulated pursuant to this chapter and rules and regulations promulgated to implement this chapter.
(b) Notwithstanding any provision of law to the contrary, all releases of petroleum or petroleum products that by request or directive of the department require a clean-up response under state law shall be solely and exclusively subject to the soil and groundwater classification and clean-up criteria promulgated hereunder. For purposes of the preceding sentence, "soil and groundwater classification and clean-up criteria" refers to the procedures, methods and levels developed to determine appropriate clean-up levels for soil and groundwater, including, without limitation, the classification of soil and groundwater by use, quality or other category, the manner of establishing a site-specific cleanup standard and promulgated clean-up levels. "Soil and groundwater classification and clean-up criteria," however, does not include the procedures and methods of conducting an investigation, such as determining the extent of contamination, or a cleanup, such as the selection, design or implementation of a remedy. The soil and groundwater classification and clean-up criteria shall be applied by all the divisions of the department pursuant to any applicable law.
Acts 1988, ch. 984, § 29; T.C.A., § 68-53-127; Acts 1996, ch. 864, § 1.
Tenn. Code Ann. § 68-211-866 — TN Code / Title 68 / Chapter 211 / Section 68-211-866
Whole waste tires - Lead-acid batteries - Used oil - When acceptance for disposal prohibited - Storage sites
Status: in_force

(a) No municipal solid waste disposal facility or incinerator shall accept for disposal any whole waste tires, lead-acid batteries or used oil when an operator or attendant either knew, or should have known, of the presence of such prohibited materials; provided, that, subject to other applicable law and regulations, whole waste tires may be incinerated. (b) Each county shall provide directly, by contract or through a solid waste authority at least one (1) site to receive and store waste tires, used automotive oils and fluids, and lead-acid batteries, if adequate sites are not otherwise available in the county for the use of the residents of the county. A single site need not receive all of the items for which collection is required by this section, but all items listed above shall have at least one (1) site for reception and storage in the county. The operator of any such sites provided by a county shall sell and/or cause the transfer of the recyclable materials stored at these sites to a commercial recycler or a regional receiving facility for such wastes as often as is practicable. Acts 1991, ch. 451, § 33; T.C.A., § 68-31-866.
(a) No municipal solid waste disposal facility or incinerator shall accept for disposal any whole waste tires, lead-acid batteries or used oil when an operator or attendant either knew, or should have known, of the presence of such prohibited materials; provided, that, subject to other applicable law and regulations, whole waste tires may be incinerated.
(b) Each county shall provide directly, by contract or through a solid waste authority at least one (1) site to receive and store waste tires, used automotive oils and fluids, and lead-acid batteries, if adequate sites are not otherwise available in the county for the use of the residents of the county. A single site need not receive all of the items for which collection is required by this section, but all items listed above shall have at least one (1) site for reception and storage in the county. The operator of any such sites provided by a county shall sell and/or cause the transfer of the recyclable materials stored at these sites to a commercial recycler or a regional receiving facility for such wastes as often as is practicable.
Acts 1991, ch. 451, § 33; T.C.A., § 68-31-866.
Tenn. Code Ann. § 68-211-851 — TN Code / Title 68 / Chapter 211 / Section 68-211-851
Municipal solid waste collection and disposal systems - Convenience centers - Technical assistance - Separate receptacles
Status: in_force

(a) Each county shall assure that one (1) or more municipal solid waste collection and disposal systems are available to meet the needs of the residents of the county. Such systems shall complement and supplement those provided by any municipality. The minimum level of service that the county shall assure is a system consisting of a network of convenience centers throughout the county. Unless a higher level of service, such as household garbage pickup, is available to the residents, a county shall provide directly, by contract, or through a solid waste authority, convenience centers which shall meet minimum design standards to be developed by the department and established by regulation. The department shall also develop regulations to be promulgated by the board for determining the minimum requirements for and number of convenience centers or other forms of collection that a county shall maintain. Such regulations shall consider county population, area, distances to possible convenience center sites, and staffing requirements. (b) As part of the local plan required by § 68-211-814 , each county or multi-county municipal solid waste disposal region shall submit a plan for the adequate provision of collection services to the department. Such plan shall identify unmet needs and shall be updated annually. (c) If requested, the University of Tennessee county technical assistance service and municipal technical advisory service shall provide technical assistance to a county or region for siting, designing, constructing, upgrading and developing and maintaining a system of convenience centers which meets the minimum design standards which the department will establish by regulation. The county shall develop an operating manual, and the department shall offer training to operators and attendants. (d) (1) Not later than July 1, 1997, each county which maintains and uses receptacles for the collection of municipal solid waste from the general public at sites separate from a convenience center for the needs of the residents of the county shall submit the following information to the department: (A) The number of receptacles in the county; (B) The location of all receptacles; (C) Collection times for such receptacles; (D) Operation procedures and security measures adopted and enforced to maintain and service the receptacles and to ensure the protection of public health and safety; and (E) Such other information required by the department. (2) The board created pursuant to § 68-211-111 shall promulgate rules and regulations on the requirements for operation and use of such receptacles as it deems necessary to ensure the protection of public health and safety and to provide for the proper management of solid waste disposed in such receptacles. Any county which does not submit the information required by subdivision (d)(1) or which violates the rules and regulations of the board created pursuant to § 68-211-111 shall not use such receptacles for such purposes. (3) This subsection (d) shall only apply to counties which had receptacles in use on January 1, 1996. A county which did not have receptacles in use on January 1, 1996, or which subsequent to such date discontinues use of any receptacle permitted under this section, shall be prohibited from installing or maintaining additional receptacles after July 1, 1996. Acts 1991, ch. 451, § 21; T.C.A., § 68-31-851; Acts 1994, ch. 591, § 1; 1996, ch. 846, § 49.
(a) Each county shall assure that one (1) or more municipal solid waste collection and disposal systems are available to meet the needs of the residents of the county. Such systems shall complement and supplement those provided by any municipality. The minimum level of service that the county shall assure is a system consisting of a network of convenience centers throughout the county. Unless a higher level of service, such as household garbage pickup, is available to the residents, a county shall provide directly, by contract, or through a solid waste authority, convenience centers which shall meet minimum design standards to be developed by the department and established by regulation. The department shall also develop regulations to be promulgated by the board for determining the minimum requirements for and number of convenience centers or other forms of collection that a county shall maintain. Such regulations shall consider county population, area, distances to possible convenience center sites, and staffing requirements.
(b) As part of the local plan required by § 68-211-814 , each county or multi-county municipal solid waste disposal region shall submit a plan for the adequate provision of collection services to the department. Such plan shall identify unmet needs and shall be updated annually.
(c) If requested, the University of Tennessee county technical assistance service and municipal technical advisory service shall provide technical assistance to a county or region for siting, designing, constructing, upgrading and developing and maintaining a system of convenience centers which meets the minimum design standards which the department will establish by regulation. The county shall develop an operating manual, and the department shall offer training to operators and attendants.
(d) (1) Not later than July 1, 1997, each county which maintains and uses receptacles for the collection of municipal solid waste from the general public at sites separate from a convenience center for the needs of the residents of the county shall submit the following information to the department: (A) The number of receptacles in the county; (B) The location of all receptacles; (C) Collection times for such receptacles; (D) Operation procedures and security measures adopted and enforced to maintain and service the receptacles and to ensure the protection of public health and safety; and (E) Such other information required by the department. (2) The board created pursuant to § 68-211-111 shall promulgate rules and regulations on the requirements for operation and use of such receptacles as it deems necessary to ensure the protection of public health and safety and to provide for the proper management of solid waste disposed in such receptacles. Any county which does not submit the information required by subdivision (d)(1) or which violates the rules and regulations of the board created pursuant to § 68-211-111 shall not use such receptacles for such purposes. (3) This subsection (d) shall only apply to counties which had receptacles in use on January 1, 1996. A county which did not have receptacles in use on January 1, 1996, or which subsequent to such date discontinues use of any receptacle permitted under this section, shall be prohibited from installing or maintaining additional receptacles after July 1, 1996.
(1) Not later than July 1, 1997, each county which maintains and uses receptacles for the collection of municipal solid waste from the general public at sites separate from a convenience center for the needs of the residents of the county shall submit the following information to the department: (A) The number of receptacles in the county; (B) The location of all receptacles; (C) Collection times for such receptacles; (D) Operation procedures and security measures adopted and enforced to maintain and service the receptacles and to ensure the protection of public health and safety; and (E) Such other information required by the department.
(A) The number of receptacles in the county;
(B) The location of all receptacles;
(C) Collection times for such receptacles;
(D) Operation procedures and security measures adopted and enforced to maintain and service the receptacles and to ensure the protection of public health and safety; and
(E) Such other information required by the department.
(2) The board created pursuant to § 68-211-111 shall promulgate rules and regulations on the requirements for operation and use of such receptacles as it deems necessary to ensure the protection of public health and safety and to provide for the proper management of solid waste disposed in such receptacles. Any county which does not submit the information required by subdivision (d)(1) or which violates the rules and regulations of the board created pursuant to § 68-211-111 shall not use such receptacles for such purposes.
(3) This subsection (d) shall only apply to counties which had receptacles in use on January 1, 1996. A county which did not have receptacles in use on January 1, 1996, or which subsequent to such date discontinues use of any receptacle permitted under this section, shall be prohibited from installing or maintaining additional receptacles after July 1, 1996.
Acts 1991, ch. 451, § 21; T.C.A., § 68-31-851; Acts 1994, ch. 591, § 1; 1996, ch. 846, § 49.
Tenn. Code Ann. § 68-201-121 — TN Code / Title 68 / Chapter 201 / Section 68-201-121
[Contingent effective date - See Compiler's Notes.] Report by TACIR concerning state plan to implement state obligations under federal emission guidelines regulating covered electric-generating units
Status: in_force

(a) As used in this section: (1) "Covered electric-generating unit" means an existing fossil-fuel-fired electric-generating unit located within this state that is subject to regulation under EPA emission guidelines; (2) "Environmental protection agency" or "EPA" means the United States environmental protection agency; (3) "Federal emission guidelines" means any final rules, regulations, guidelines, or other requirements that the EPA adopts for regulating carbon dioxide emissions from covered electric-generating units under Section 111(d) of the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.); (4) "State" means the state of Tennessee; (5) "State plan" means any plan to establish and enforce carbon dioxide emission control measures adopted by the department to implement the obligations of the state under the federal emission guidelines; and (6) "TACIR" means the Tennessee Advisory Commission on Intergovernmental Relations. (b) Upon submission of the final state plan to EPA by the department, TACIR shall prepare a report as described in this subsection (b). To the extent the department can produce the information without additional expenditures and using the department's existing resources, the department shall provide available information to TACIR upon request. The report shall assess the effects of the state plan on: (1) The electric power sector, including: (A) The ability of this state to provide affordable electricity through diversified sources of electricity generation; (B) The type and amount of electric-generating capacity within this state that the electric power sector is likely to retire or replace with other energy sources; (C) Stranded investment in electric-generating capacity and other infrastructure; (D) The amount of investment necessary to offset the retirement of electric-generating capacity and maintain generation reserve margins; (E) Potential risks to reliable sources of electricity, including resource adequacy risks and transmission constraints; and (F) The amount by which retail electricity prices within this state are predicted to increase; (2) Electricity consumers within this state, including any disproportionate impacts of electricity and other energy price increases on middle-income and lower-income households; (3) Employment within this state, both directly and indirectly, including jobs lost within affected sectors of this state's economy; (4) Economic development in this state, including the effects on manufacturing, commercial, and other sectors of this state's economy; (5) The competitive position of this state relative to neighboring states and other economic competitors; (6) State and local governments, including the potential impacts resulting from changes in tax revenues; and (7) Existing state laws, and any proposed legislation that may be necessary to implement the state plan. (c) After the development of the report described in subsection (b), TACIR shall transmit a copy of the report to the chairs of the government operations committees of the senate and the house of representatives and shall present the findings of the report at the next regularly scheduled meeting of the joint government operations committee. (d) Notwithstanding subsection (b), a report does not have to be prepared by TACIR if the final federal emission guidelines approved by the EPA: (1) Do not establish carbon dioxide emission control requirements for this state that are based on the decrease in carbon dioxide emissions resulting from the operation of new nuclear-generating facilities currently under construction in this state; and (2) Authorize this state to receive full credit for the decrease in carbon dioxide emissions resulting from nuclear-generating facilities under construction as of the effective date of this act, for purposes of demonstrating compliance with carbon dioxide emission control requirements under the final EPA emission guidelines. Added by 2015 Tenn. Acts, ch. 478, s 1, eff. concurrently with the effective date of federal emission guidelines.
(a) As used in this section: (1) "Covered electric-generating unit" means an existing fossil-fuel-fired electric-generating unit located within this state that is subject to regulation under EPA emission guidelines; (2) "Environmental protection agency" or "EPA" means the United States environmental protection agency; (3) "Federal emission guidelines" means any final rules, regulations, guidelines, or other requirements that the EPA adopts for regulating carbon dioxide emissions from covered electric-generating units under Section 111(d) of the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.); (4) "State" means the state of Tennessee; (5) "State plan" means any plan to establish and enforce carbon dioxide emission control measures adopted by the department to implement the obligations of the state under the federal emission guidelines; and (6) "TACIR" means the Tennessee Advisory Commission on Intergovernmental Relations.
(1) "Covered electric-generating unit" means an existing fossil-fuel-fired electric-generating unit located within this state that is subject to regulation under EPA emission guidelines;
(2) "Environmental protection agency" or "EPA" means the United States environmental protection agency;
(3) "Federal emission guidelines" means any final rules, regulations, guidelines, or other requirements that the EPA adopts for regulating carbon dioxide emissions from covered electric-generating units under Section 111(d) of the federal Clean Air Act ( 42 U.S.C. § 7401 et seq.);
(4) "State" means the state of Tennessee;
(5) "State plan" means any plan to establish and enforce carbon dioxide emission control measures adopted by the department to implement the obligations of the state under the federal emission guidelines; and
(6) "TACIR" means the Tennessee Advisory Commission on Intergovernmental Relations.
(b) Upon submission of the final state plan to EPA by the department, TACIR shall prepare a report as described in this subsection (b). To the extent the department can produce the information without additional expenditures and using the department's existing resources, the department shall provide available information to TACIR upon request. The report shall assess the effects of the state plan on: (1) The electric power sector, including: (A) The ability of this state to provide affordable electricity through diversified sources of electricity generation; (B) The type and amount of electric-generating capacity within this state that the electric power sector is likely to retire or replace with other energy sources; (C) Stranded investment in electric-generating capacity and other infrastructure; (D) The amount of investment necessary to offset the retirement of electric-generating capacity and maintain generation reserve margins; (E) Potential risks to reliable sources of electricity, including resource adequacy risks and transmission constraints; and (F) The amount by which retail electricity prices within this state are predicted to increase; (2) Electricity consumers within this state, including any disproportionate impacts of electricity and other energy price increases on middle-income and lower-income households; (3) Employment within this state, both directly and indirectly, including jobs lost within affected sectors of this state's economy; (4) Economic development in this state, including the effects on manufacturing, commercial, and other sectors of this state's economy; (5) The competitive position of this state relative to neighboring states and other economic competitors; (6) State and local governments, including the potential impacts resulting from changes in tax revenues; and (7) Existing state laws, and any proposed legislation that may be necessary to implement the state plan.
(1) The electric power sector, including: (A) The ability of this state to provide affordable electricity through diversified sources of electricity generation; (B) The type and amount of electric-generating capacity within this state that the electric power sector is likely to retire or replace with other energy sources; (C) Stranded investment in electric-generating capacity and other infrastructure; (D) The amount of investment necessary to offset the retirement of electric-generating capacity and maintain generation reserve margins; (E) Potential risks to reliable sources of electricity, including resource adequacy risks and transmission constraints; and (F) The amount by which retail electricity prices within this state are predicted to increase;
(A) The ability of this state to provide affordable electricity through diversified sources of electricity generation;
(B) The type and amount of electric-generating capacity within this state that the electric power sector is likely to retire or replace with other energy sources;
(C) Stranded investment in electric-generating capacity and other infrastructure;
(D) The amount of investment necessary to offset the retirement of electric-generating capacity and maintain generation reserve margins;
(E) Potential risks to reliable sources of electricity, including resource adequacy risks and transmission constraints; and
(F) The amount by which retail electricity prices within this state are predicted to increase;
(2) Electricity consumers within this state, including any disproportionate impacts of electricity and other energy price increases on middle-income and lower-income households;
(3) Employment within this state, both directly and indirectly, including jobs lost within affected sectors of this state's economy;
(4) Economic development in this state, including the effects on manufacturing, commercial, and other sectors of this state's economy;
(5) The competitive position of this state relative to neighboring states and other economic competitors;
(6) State and local governments, including the potential impacts resulting from changes in tax revenues; and
(7) Existing state laws, and any proposed legislation that may be necessary to implement the state plan.
(c) After the development of the report described in subsection (b), TACIR shall transmit a copy of the report to the chairs of the government operations committees of the senate and the house of representatives and shall present the findings of the report at the next regularly scheduled meeting of the joint government operations committee.
(d) Notwithstanding subsection (b), a report does not have to be prepared by TACIR if the final federal emission guidelines approved by the EPA: (1) Do not establish carbon dioxide emission control requirements for this state that are based on the decrease in carbon dioxide emissions resulting from the operation of new nuclear-generating facilities currently under construction in this state; and (2) Authorize this state to receive full credit for the decrease in carbon dioxide emissions resulting from nuclear-generating facilities under construction as of the effective date of this act, for purposes of demonstrating compliance with carbon dioxide emission control requirements under the final EPA emission guidelines.
(1) Do not establish carbon dioxide emission control requirements for this state that are based on the decrease in carbon dioxide emissions resulting from the operation of new nuclear-generating facilities currently under construction in this state; and
(2) Authorize this state to receive full credit for the decrease in carbon dioxide emissions resulting from nuclear-generating facilities under construction as of the effective date of this act, for purposes of demonstrating compliance with carbon dioxide emission control requirements under the final EPA emission guidelines.
Added by 2015 Tenn. Acts, ch. 478, s 1, eff. concurrently with the effective date of federal emission guidelines.
Tenn. Code Ann. § 68-211-606 — TN Code / Title 68 / Chapter 211 / Section 68-211-606
Department of general services - Purchase of paper or paper products
Status: in_force

(a) The department of general services shall, to the fullest extent possible when contracting for paper or paper products, purchase or approve for purchase only such paper or paper products that are manufactured or produced from recycled paper as specified in subsection (b). (b) Subsection (a) shall be implemented by the department so that, of the total volume of paper purchased, recycled paper composes at least ten percent (10%) of the volume in 1990, at least twenty-five percent (25%) of the volume in 1992, and at least forty percent (40%) of the volume in 1994. (c) In the case of the purchase of newsprint and newsprint products, at least forty percent (40%) of the fiber contained in recycled newsprint shall be postconsumer newspaper waste. (d) This section shall not apply to the purchase of paper containers for food or beverages. (e) As used in this section, "postconsumer waste" includes any product generated by a business or consumer which has served its intended end use, and which has been separated from solid waste for the purposes of collection, recycling and disposition. Acts 1989, ch. 250, § 6; T.C.A., § 68-31-606.
(a) The department of general services shall, to the fullest extent possible when contracting for paper or paper products, purchase or approve for purchase only such paper or paper products that are manufactured or produced from recycled paper as specified in subsection (b).
(b) Subsection (a) shall be implemented by the department so that, of the total volume of paper purchased, recycled paper composes at least ten percent (10%) of the volume in 1990, at least twenty-five percent (25%) of the volume in 1992, and at least forty percent (40%) of the volume in 1994.
(c) In the case of the purchase of newsprint and newsprint products, at least forty percent (40%) of the fiber contained in recycled newsprint shall be postconsumer newspaper waste.
(d) This section shall not apply to the purchase of paper containers for food or beverages.
(e) As used in this section, "postconsumer waste" includes any product generated by a business or consumer which has served its intended end use, and which has been separated from solid waste for the purposes of collection, recycling and disposition.
Acts 1989, ch. 250, § 6; T.C.A., § 68-31-606.
Tenn. Code Ann. § 68-212-508 — TN Code / Title 68 / Chapter 212 / Section 68-212-508
Certificate of fitness by certified industrial hygienist - Recording - Form
Status: in_force

(a) Whenever a certified industrial hygienist or other person or entity named on the commissioner's list, pursuant to § 68-212-502 , determines that the property, quarantined pursuant to § 68-212-503 , is safe for human use, based upon the standards prescribed pursuant to this part, such person or entity shall issue a certificate of fitness. (b) The owner or any person having any right, title or interest in the real property, including any lien holders, may file the certificate of fitness for recording in the office of county register in the county in which the real property or any portion of the property lies. The certificate shall be acknowledged or proved as provided in title 66, chapter 22. The register shall record such certificate with the record series containing the title deeds, and shall index the certificate with the owner or owners of the real property as the grantee, and the local law enforcement agency that issued the quarantine as grantor. The fee for such filing shall be in accordance with § 8-21-1001 . (c) A form substantially as follows is sufficient to comply with subsection (a): Click here to view form. Acts 2005, ch. 347, § 1.
(a) Whenever a certified industrial hygienist or other person or entity named on the commissioner's list, pursuant to § 68-212-502 , determines that the property, quarantined pursuant to § 68-212-503 , is safe for human use, based upon the standards prescribed pursuant to this part, such person or entity shall issue a certificate of fitness.
(b) The owner or any person having any right, title or interest in the real property, including any lien holders, may file the certificate of fitness for recording in the office of county register in the county in which the real property or any portion of the property lies. The certificate shall be acknowledged or proved as provided in title 66, chapter 22. The register shall record such certificate with the record series containing the title deeds, and shall index the certificate with the owner or owners of the real property as the grantee, and the local law enforcement agency that issued the quarantine as grantor. The fee for such filing shall be in accordance with § 8-21-1001 .
(c) A form substantially as follows is sufficient to comply with subsection (a): Click here to view form.
Click here to view form.
Acts 2005, ch. 347, § 1.
212_508_1 - Attachment
Tenn. Code Ann. § 68-211-701 — TN Code / Title 68 / Chapter 211 / Section 68-211-701
Required approval - Submission of proposal to accept waste that would change classification of landfill
Status: in_force

(a) No construction shall be initiated for any new landfill for solid waste disposal or for solid waste processing until the plans for such new landfill have been submitted to and approved by: (1) The county legislative body in which the proposed landfill is located, if such new construction is located in an unincorporated area; (2) Both the county legislative body and the governing body of the municipality in which the proposed landfill is located, if such new construction is located in an incorporated area; or (3) Both the county legislative body of the county in which such proposed landfill is located and the governing body of any municipality which is located within one (1) mile of such proposed landfill. (b) Prior to accepting any waste that would require a change in the classification of a landfill under rules promulgated pursuant to this chapter to a classification with higher standards including, but not limited to, changing the classification from a Class III or IV to a Class I or II or from a Class II to a Class I, the plans for which were approved pursuant to subsection (a), the landfill operator shall first submit the proposal to accept the waste to: (1) The county legislative body in which the landfill that is the subject of the proposed change in classification is located, if such landfill is located in an unincorporated area; (2) Both the county legislative body and the governing body of the municipality in which the landfill that is the subject of the proposed change in classification is located, if such landfill is located in an incorporated area; or (3) Both the county legislative body of the county in which the landfill that is the subject of the proposed change in classification is located and the governing body of any municipality which is located within one (1) mile of such landfill. (c) After submission to the county legislative body or municipality under subsection (b), the county legislative body or the municipality or both shall give public notice and an opportunity for public hearing on the proposal and then approve or disapprove it in accordance with § 68-211-704(a) and (b) . Judicial review of the decision shall be available in accordance with § 68-211-704(c) . Amended by 2013 Tenn. Acts, ch. 342, s 1, eff. 5/13/2013. Acts 1989, ch. 515, § 3; T.C.A., § 68-31-701; Acts 1995, ch. 5, § 1.
(a) No construction shall be initiated for any new landfill for solid waste disposal or for solid waste processing until the plans for such new landfill have been submitted to and approved by: (1) The county legislative body in which the proposed landfill is located, if such new construction is located in an unincorporated area; (2) Both the county legislative body and the governing body of the municipality in which the proposed landfill is located, if such new construction is located in an incorporated area; or (3) Both the county legislative body of the county in which such proposed landfill is located and the governing body of any municipality which is located within one (1) mile of such proposed landfill.
(1) The county legislative body in which the proposed landfill is located, if such new construction is located in an unincorporated area;
(2) Both the county legislative body and the governing body of the municipality in which the proposed landfill is located, if such new construction is located in an incorporated area; or
(3) Both the county legislative body of the county in which such proposed landfill is located and the governing body of any municipality which is located within one (1) mile of such proposed landfill.
(b) Prior to accepting any waste that would require a change in the classification of a landfill under rules promulgated pursuant to this chapter to a classification with higher standards including, but not limited to, changing the classification from a Class III or IV to a Class I or II or from a Class II to a Class I, the plans for which were approved pursuant to subsection (a), the landfill operator shall first submit the proposal to accept the waste to: (1) The county legislative body in which the landfill that is the subject of the proposed change in classification is located, if such landfill is located in an unincorporated area; (2) Both the county legislative body and the governing body of the municipality in which the landfill that is the subject of the proposed change in classification is located, if such landfill is located in an incorporated area; or (3) Both the county legislative body of the county in which the landfill that is the subject of the proposed change in classification is located and the governing body of any municipality which is located within one (1) mile of such landfill.
(1) The county legislative body in which the landfill that is the subject of the proposed change in classification is located, if such landfill is located in an unincorporated area;
(2) Both the county legislative body and the governing body of the municipality in which the landfill that is the subject of the proposed change in classification is located, if such landfill is located in an incorporated area; or
(3) Both the county legislative body of the county in which the landfill that is the subject of the proposed change in classification is located and the governing body of any municipality which is located within one (1) mile of such landfill.
(c) After submission to the county legislative body or municipality under subsection (b), the county legislative body or the municipality or both shall give public notice and an opportunity for public hearing on the proposal and then approve or disapprove it in accordance with § 68-211-704(a) and (b) . Judicial review of the decision shall be available in accordance with § 68-211-704(c) .
Amended by 2013 Tenn. Acts, ch. 342, s 1, eff. 5/13/2013.
Acts 1989, ch. 515, § 3; T.C.A., § 68-31-701; Acts 1995, ch. 5, § 1.
Tenn. Code Ann. § 68-221-805 — TN Code / Title 68 / Chapter 221 / Section 68-221-805
State preliminary engineering grants and grant allowances
Status: in_force

(a) (1) The state is authorized to make grant allowances to municipalities for purposes of preliminary engineering for wastewater treatment works construction. (2) The department shall administer this grant program. (b) (1) The department shall promulgate regulations setting forth procedures for the submission of applications by municipalities for these grants and for the approval or denial of these applications by the department and setting forth the criteria upon which these approvals and denials will be made, and further setting forth the amounts of such allowances which shall be based on construction cost and the percentage grant amounts bear to total construction cost. (2) Such rules and regulations shall also include a method of grant payments. (c) Grant allowances for preliminary engineering shall be made at the same time as the grant for construction as provided in § 68-221-804 . (d) Grant allowances made to municipalities pursuant to this section shall pay the same percentage of the eligible preliminary engineering costs as the grant made pursuant to § 68-221-804 pays of construction costs. (e) (1) Grants for preliminary engineering for wastewater treatment works construction projects which are financed by a municipality's own resources may be made by the department. (2) Such grants shall be at the rate of eighty percent (80%) of allowable preliminary engineering costs. (3) Such grants shall be paid at the time of construction of the project. (f) Any municipality receiving a grant under this section and subsequently receiving funds for preliminary engineering from other state or federal sources shall refund such grant to the department, and municipalities previously receiving such grants shall not be eligible for preliminary engineering grant allowances under this section. Acts 1984, ch. 768, § 5; 1985, ch. 221, § 2; T.C.A., § 68-13-805.
(a) (1) The state is authorized to make grant allowances to municipalities for purposes of preliminary engineering for wastewater treatment works construction. (2) The department shall administer this grant program.
(1) The state is authorized to make grant allowances to municipalities for purposes of preliminary engineering for wastewater treatment works construction.
(2) The department shall administer this grant program.
(b) (1) The department shall promulgate regulations setting forth procedures for the submission of applications by municipalities for these grants and for the approval or denial of these applications by the department and setting forth the criteria upon which these approvals and denials will be made, and further setting forth the amounts of such allowances which shall be based on construction cost and the percentage grant amounts bear to total construction cost. (2) Such rules and regulations shall also include a method of grant payments.
(1) The department shall promulgate regulations setting forth procedures for the submission of applications by municipalities for these grants and for the approval or denial of these applications by the department and setting forth the criteria upon which these approvals and denials will be made, and further setting forth the amounts of such allowances which shall be based on construction cost and the percentage grant amounts bear to total construction cost.
(2) Such rules and regulations shall also include a method of grant payments.
(c) Grant allowances for preliminary engineering shall be made at the same time as the grant for construction as provided in § 68-221-804 .
(d) Grant allowances made to municipalities pursuant to this section shall pay the same percentage of the eligible preliminary engineering costs as the grant made pursuant to § 68-221-804 pays of construction costs.
(e) (1) Grants for preliminary engineering for wastewater treatment works construction projects which are financed by a municipality's own resources may be made by the department. (2) Such grants shall be at the rate of eighty percent (80%) of allowable preliminary engineering costs. (3) Such grants shall be paid at the time of construction of the project.
(1) Grants for preliminary engineering for wastewater treatment works construction projects which are financed by a municipality's own resources may be made by the department.
(2) Such grants shall be at the rate of eighty percent (80%) of allowable preliminary engineering costs.
(3) Such grants shall be paid at the time of construction of the project.
(f) Any municipality receiving a grant under this section and subsequently receiving funds for preliminary engineering from other state or federal sources shall refund such grant to the department, and municipalities previously receiving such grants shall not be eligible for preliminary engineering grant allowances under this section.
Acts 1984, ch. 768, § 5; 1985, ch. 221, § 2; T.C.A., § 68-13-805.
Tenn. Code Ann. § 68-221-213 — TN Code / Title 68 / Chapter 221 / Section 68-221-213
Authority of local governments to enter into loan agreements
Status: in_force

Local governments may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law. Acts 1990, ch. 767, § 3; T.C.A., § 68-13-213.
Local governments may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1990, ch. 767, § 3; T.C.A., § 68-13-213.
Tenn. Code Ann. § 68-205-107 — TN Code / Title 68 / Chapter 205 / Section 68-205-107
C-PACER application and review process - Guidelines to bill, collect, and enforce C-PACER assessment and lien - Audit
Status: in_force

(a) A program must establish a C-PACER application and review process to evaluate project applications for C-PACER financing. The program must prescribe the form and manner of the application. At a minimum: (1) An applicant must demonstrate that the project provides a benefit to the public, in the form of energy or water resource conservation, reduced public health costs or risk, or reduced public emergency response cost or risk; (2) For an existing building: (A) Where energy or water usage improvements are proposed, an applicant must provide: (i) An energy analysis by a licensed engineering firm, engineer, or other qualified professional listed in the program guidebook; and (ii) A statement by the author of the analysis that the proposed qualified improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions, or the addition of renewable sources of energy or water; or (B) Where resilience improvements are proposed, an applicant must provide certification by a licensed professional engineer stating that the qualified improvements will result in improved resilience; (3) For new construction, an applicant must provide certification by a licensed professional engineer or engineering firm stating that the proposed qualified improvements will enable the project to exceed the current building code's requirements for: (i) Energy efficiency; (ii) Water efficiency; (iii) Renewable energy; (iv) Renewable water; or (v) Resilience; and (4) The applicant must include a certification by a licensed professional engineer or professional firm in the appropriate area of expertise that the economic benefits of the improvements exceed the costs of the assessment. (b) A local government shall establish a process for reviewing and approving applications for C-PACER financing. The local government may require a qualified capital provider to certify to the local government, in accordance with a process approved by the local government, that the property owner and the project qualify for financing within this chapter and complies with this chapter and the program guidebook. (c) The local government's duties also include: (1) Execution and recording of the written assessment contract between the property owner and the local government, by a duly authorized official, as well as execution and recording of the local government Notice of Assessment and C-PACER lien; and (2) Execution and recording of the assignment of the assessment agreement, the Notice of Assessment and C-PACER lien, and Notice of Assignment of Assessment and C-PACER lien to the capital provider. (d) A local government may choose to bill, collect, and enforce the C-PACER assessment and lien, subject to the following guidelines: (1) The local government may enforce the assessment lien in the same manner that a property tax lien against commercial property is enforced by the local government as follows: (A) Delinquent installments of the assessment incur interest and penalties in the same manner as delinquent property taxes; (B) In an enforcement or foreclosure action, assessments not yet due must not be accelerated or eliminated by foreclosure, including the foreclosure of a property tax. However, delinquent interest in accordance with the financing agreement must be included in the enforcement or foreclosure action; and (C) The local government may apply the proceeds of an enforcement action in the same manner as it applies the proceeds from enforcement actions for delinquent property taxes, including the local government's right to apply the proceeds to the payment of the actual costs of the enforcement action as provided in § 67-5-2501 ; (2) The local government may delegate these responsibilities to the capital provider if the capital provider is solely responsible for billing, collection, and enforcement of the special assessment and lien. Under this subsection (d), delinquent installments incur interest and penalties as specified in the financing agreement between the property owner and capital provider. Enforcement of a delinquent installment must be in the same manner as that of a deed of trust, except that assessments not yet due may not be accelerated or eliminated by foreclosure of the past due amount of the lien. Outstanding and delinquent property taxes at the time of the enforcement action must be satisfied along with the delinquent amounts of the special assessment, subject to § 68-205-110 ; and (3) The local government, its officers, and employees, are not liable at law or equity for actions taken pursuant to this section, except in cases of gross negligence, recklessness, or willful misconduct. (e) After an approved project is completed, an applicant shall provide to the local government written verification provided by a licensed professional engineer or engineering firm, as defined in the program guidebook, stating that the qualified project was properly completed and is operating as intended. (f) For an improved project, the capital provider may be subject to an audit regarding the assignment of the C-PACER assessment and lien from the local government or program administrator. Amended by 2022 Tenn. Acts, ch. 868, s 6, eff. 4/14/2022. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
(a) A program must establish a C-PACER application and review process to evaluate project applications for C-PACER financing. The program must prescribe the form and manner of the application. At a minimum: (1) An applicant must demonstrate that the project provides a benefit to the public, in the form of energy or water resource conservation, reduced public health costs or risk, or reduced public emergency response cost or risk; (2) For an existing building: (A) Where energy or water usage improvements are proposed, an applicant must provide: (i) An energy analysis by a licensed engineering firm, engineer, or other qualified professional listed in the program guidebook; and (ii) A statement by the author of the analysis that the proposed qualified improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions, or the addition of renewable sources of energy or water; or (B) Where resilience improvements are proposed, an applicant must provide certification by a licensed professional engineer stating that the qualified improvements will result in improved resilience; (3) For new construction, an applicant must provide certification by a licensed professional engineer or engineering firm stating that the proposed qualified improvements will enable the project to exceed the current building code's requirements for: (i) Energy efficiency; (ii) Water efficiency; (iii) Renewable energy; (iv) Renewable water; or (v) Resilience; and (4) The applicant must include a certification by a licensed professional engineer or professional firm in the appropriate area of expertise that the economic benefits of the improvements exceed the costs of the assessment.
(1) An applicant must demonstrate that the project provides a benefit to the public, in the form of energy or water resource conservation, reduced public health costs or risk, or reduced public emergency response cost or risk;
(2) For an existing building: (A) Where energy or water usage improvements are proposed, an applicant must provide: (i) An energy analysis by a licensed engineering firm, engineer, or other qualified professional listed in the program guidebook; and (ii) A statement by the author of the analysis that the proposed qualified improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions, or the addition of renewable sources of energy or water; or (B) Where resilience improvements are proposed, an applicant must provide certification by a licensed professional engineer stating that the qualified improvements will result in improved resilience;
(A) Where energy or water usage improvements are proposed, an applicant must provide: (i) An energy analysis by a licensed engineering firm, engineer, or other qualified professional listed in the program guidebook; and (ii) A statement by the author of the analysis that the proposed qualified improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions, or the addition of renewable sources of energy or water; or
(i) An energy analysis by a licensed engineering firm, engineer, or other qualified professional listed in the program guidebook; and
(ii) A statement by the author of the analysis that the proposed qualified improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions, or the addition of renewable sources of energy or water; or
(B) Where resilience improvements are proposed, an applicant must provide certification by a licensed professional engineer stating that the qualified improvements will result in improved resilience;
(3) For new construction, an applicant must provide certification by a licensed professional engineer or engineering firm stating that the proposed qualified improvements will enable the project to exceed the current building code's requirements for: (i) Energy efficiency; (ii) Water efficiency; (iii) Renewable energy; (iv) Renewable water; or (v) Resilience; and
(i) Energy efficiency;
(ii) Water efficiency;
(iii) Renewable energy;
(iv) Renewable water; or
(v) Resilience; and
(4) The applicant must include a certification by a licensed professional engineer or professional firm in the appropriate area of expertise that the economic benefits of the improvements exceed the costs of the assessment.
(b) A local government shall establish a process for reviewing and approving applications for C-PACER financing. The local government may require a qualified capital provider to certify to the local government, in accordance with a process approved by the local government, that the property owner and the project qualify for financing within this chapter and complies with this chapter and the program guidebook.
(c) The local government's duties also include: (1) Execution and recording of the written assessment contract between the property owner and the local government, by a duly authorized official, as well as execution and recording of the local government Notice of Assessment and C-PACER lien; and (2) Execution and recording of the assignment of the assessment agreement, the Notice of Assessment and C-PACER lien, and Notice of Assignment of Assessment and C-PACER lien to the capital provider.
(1) Execution and recording of the written assessment contract between the property owner and the local government, by a duly authorized official, as well as execution and recording of the local government Notice of Assessment and C-PACER lien; and
(2) Execution and recording of the assignment of the assessment agreement, the Notice of Assessment and C-PACER lien, and Notice of Assignment of Assessment and C-PACER lien to the capital provider.
(d) A local government may choose to bill, collect, and enforce the C-PACER assessment and lien, subject to the following guidelines: (1) The local government may enforce the assessment lien in the same manner that a property tax lien against commercial property is enforced by the local government as follows: (A) Delinquent installments of the assessment incur interest and penalties in the same manner as delinquent property taxes; (B) In an enforcement or foreclosure action, assessments not yet due must not be accelerated or eliminated by foreclosure, including the foreclosure of a property tax. However, delinquent interest in accordance with the financing agreement must be included in the enforcement or foreclosure action; and (C) The local government may apply the proceeds of an enforcement action in the same manner as it applies the proceeds from enforcement actions for delinquent property taxes, including the local government's right to apply the proceeds to the payment of the actual costs of the enforcement action as provided in § 67-5-2501 ; (2) The local government may delegate these responsibilities to the capital provider if the capital provider is solely responsible for billing, collection, and enforcement of the special assessment and lien. Under this subsection (d), delinquent installments incur interest and penalties as specified in the financing agreement between the property owner and capital provider. Enforcement of a delinquent installment must be in the same manner as that of a deed of trust, except that assessments not yet due may not be accelerated or eliminated by foreclosure of the past due amount of the lien. Outstanding and delinquent property taxes at the time of the enforcement action must be satisfied along with the delinquent amounts of the special assessment, subject to § 68-205-110 ; and (3) The local government, its officers, and employees, are not liable at law or equity for actions taken pursuant to this section, except in cases of gross negligence, recklessness, or willful misconduct.
(1) The local government may enforce the assessment lien in the same manner that a property tax lien against commercial property is enforced by the local government as follows: (A) Delinquent installments of the assessment incur interest and penalties in the same manner as delinquent property taxes; (B) In an enforcement or foreclosure action, assessments not yet due must not be accelerated or eliminated by foreclosure, including the foreclosure of a property tax. However, delinquent interest in accordance with the financing agreement must be included in the enforcement or foreclosure action; and (C) The local government may apply the proceeds of an enforcement action in the same manner as it applies the proceeds from enforcement actions for delinquent property taxes, including the local government's right to apply the proceeds to the payment of the actual costs of the enforcement action as provided in § 67-5-2501 ;
(A) Delinquent installments of the assessment incur interest and penalties in the same manner as delinquent property taxes;
(B) In an enforcement or foreclosure action, assessments not yet due must not be accelerated or eliminated by foreclosure, including the foreclosure of a property tax. However, delinquent interest in accordance with the financing agreement must be included in the enforcement or foreclosure action; and
(C) The local government may apply the proceeds of an enforcement action in the same manner as it applies the proceeds from enforcement actions for delinquent property taxes, including the local government's right to apply the proceeds to the payment of the actual costs of the enforcement action as provided in § 67-5-2501 ;
(2) The local government may delegate these responsibilities to the capital provider if the capital provider is solely responsible for billing, collection, and enforcement of the special assessment and lien. Under this subsection (d), delinquent installments incur interest and penalties as specified in the financing agreement between the property owner and capital provider. Enforcement of a delinquent installment must be in the same manner as that of a deed of trust, except that assessments not yet due may not be accelerated or eliminated by foreclosure of the past due amount of the lien. Outstanding and delinquent property taxes at the time of the enforcement action must be satisfied along with the delinquent amounts of the special assessment, subject to § 68-205-110 ; and
(3) The local government, its officers, and employees, are not liable at law or equity for actions taken pursuant to this section, except in cases of gross negligence, recklessness, or willful misconduct.
(e) After an approved project is completed, an applicant shall provide to the local government written verification provided by a licensed professional engineer or engineering firm, as defined in the program guidebook, stating that the qualified project was properly completed and is operating as intended.
(f) For an improved project, the capital provider may be subject to an audit regarding the assignment of the C-PACER assessment and lien from the local government or program administrator.
Amended by 2022 Tenn. Acts, ch. 868, s 6, eff. 4/14/2022.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-202-304 — TN Code / Title 68 / Chapter 202 / Section 68-202-304
Failure to comply with order
Status: in_force

If any person fails to comply with the order and within the time affixed by the order, then the commissioner shall cause such radiation sources to be removed and properly disposed of or the dangerous situation otherwise remedied at the expense of such person. Acts 1974, ch. 678, § 4; 1982, ch. 693, § 4; T.C.A., § 53-3317; Acts 1986, ch. 569, § 7; T.C.A., § 68-23-304.
If any person fails to comply with the order and within the time affixed by the order, then the commissioner shall cause such radiation sources to be removed and properly disposed of or the dangerous situation otherwise remedied at the expense of such person.
Acts 1974, ch. 678, § 4; 1982, ch. 693, § 4; T.C.A., § 53-3317; Acts 1986, ch. 569, § 7; T.C.A., § 68-23-304.
Tenn. Code Ann. § 68-205-106 — TN Code / Title 68 / Chapter 205 / Section 68-205-106
Terms of C-PACER program established by resolution
Status: in_force

The terms of a program established pursuant to § 68-205-105(a)(3) must include: (1) Appropriate eligibility factors, including certification by the property owner that: (A) The property owner requesting to participate in the program: (i) Is the legal owner of the benefited property; (ii) Is current on mortgage and property tax payments; and (iii) Is not insolvent or in bankruptcy proceedings; and (B) The title of the benefited property is not in dispute; (2) A requirement that: (A) The amount of the assessment, plus existing indebtedness on the property, does not exceed ninety percent (90%) of the fair market value of the property as determined by a qualified appraiser, with the exception that properties qualified under the federal low-income housing tax credit program set forth in 26 U.S.C. § 42 are exempt from this requirement; and (B) The amount of the assessment does not exceed twenty-five percent (25%) of the fair market value of the property as determined by a qualified appraiser; (3) A description of the types of qualified projects that may be subject to special assessments; (4) A statement identifying the local government official authorized to enter into and execute written contracts on behalf of the local government; (5) A statement that the period of the special assessment must not exceed the weighted average of the useful life of the qualified project that is the basis for the assessment; and (6) A statement explaining the procedures for imposing voluntary special assessments, the billing and collecting of the voluntary special assessments, and remedies for enforcement of delinquent special assessments, unless the local government delegates these duties pursuant to § 68-205-107(d)(2) . Amended by 2022 Tenn. Acts, ch. 868, s 1, eff. 4/14/2022. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
The terms of a program established pursuant to § 68-205-105(a)(3) must include:
(1) Appropriate eligibility factors, including certification by the property owner that: (A) The property owner requesting to participate in the program: (i) Is the legal owner of the benefited property; (ii) Is current on mortgage and property tax payments; and (iii) Is not insolvent or in bankruptcy proceedings; and (B) The title of the benefited property is not in dispute;
(A) The property owner requesting to participate in the program: (i) Is the legal owner of the benefited property; (ii) Is current on mortgage and property tax payments; and (iii) Is not insolvent or in bankruptcy proceedings; and
(i) Is the legal owner of the benefited property;
(ii) Is current on mortgage and property tax payments; and
(iii) Is not insolvent or in bankruptcy proceedings; and
(B) The title of the benefited property is not in dispute;
(2) A requirement that: (A) The amount of the assessment, plus existing indebtedness on the property, does not exceed ninety percent (90%) of the fair market value of the property as determined by a qualified appraiser, with the exception that properties qualified under the federal low-income housing tax credit program set forth in 26 U.S.C. § 42 are exempt from this requirement; and (B) The amount of the assessment does not exceed twenty-five percent (25%) of the fair market value of the property as determined by a qualified appraiser;
(A) The amount of the assessment, plus existing indebtedness on the property, does not exceed ninety percent (90%) of the fair market value of the property as determined by a qualified appraiser, with the exception that properties qualified under the federal low-income housing tax credit program set forth in 26 U.S.C. § 42 are exempt from this requirement; and
(B) The amount of the assessment does not exceed twenty-five percent (25%) of the fair market value of the property as determined by a qualified appraiser;
(3) A description of the types of qualified projects that may be subject to special assessments;
(4) A statement identifying the local government official authorized to enter into and execute written contracts on behalf of the local government;
(5) A statement that the period of the special assessment must not exceed the weighted average of the useful life of the qualified project that is the basis for the assessment; and
(6) A statement explaining the procedures for imposing voluntary special assessments, the billing and collecting of the voluntary special assessments, and remedies for enforcement of delinquent special assessments, unless the local government delegates these duties pursuant to § 68-205-107(d)(2) .
Amended by 2022 Tenn. Acts, ch. 868, s 1, eff. 4/14/2022.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-205-108 — TN Code / Title 68 / Chapter 205 / Section 68-205-108
Authorization of direct purchase of equipment and materials
Status: in_force

The proposed financing agreement for financing a qualified project may authorize the property owner to directly purchase the related equipment and materials for the installation or modification of a qualified improvement. Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
The proposed financing agreement for financing a qualified project may authorize the property owner to directly purchase the related equipment and materials for the installation or modification of a qualified improvement.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 68-212-302 — TN Code / Title 68 / Chapter 212 / Section 68-212-302
Policy
Status: in_force

(a) The general assembly declares it to be the policy of the state that, wherever economically and technically feasible, the generation of hazardous waste is to be prevented or reduced as expeditiously as possible. Hazardous waste that is nevertheless generated should be stored, treated and disposed of so as to protect human health and the environment. (b) It is the intent of the general assembly that the Capacity Assurance Plan (CAP) required by the Superfund Amendments and Reauthorization Act of 1986 (SARA) (P.L. 99-499, 100 Stat. 1613, as amended) should reflect the state's primary commitment to waste prevention and reduction through education, planning and technical assistance. (c) The general assembly further finds that the timely development of a comprehensive waste reduction plan by each large and small hazardous waste generator operating in the state is essential in order to identify opportunities for reducing waste generation which may be implemented by that generator. (d) The general assembly finds that the state should aid generators of hazardous waste to meet the requirements of this part by providing a program of planning and technical assistance. (e) It is the purpose of this part to prevent and reduce the generation of hazardous waste in the state. Such waste shall not include wastewater streams containing hazardous wastes that are collected and treated in on-site wastewater treatment systems, the discharge of which is the subject of a NPDES permit. Acts 1990, ch. 754, § 3; T.C.A., § 68-46-302; Acts 2007 , ch. 362, § 30.
(a) The general assembly declares it to be the policy of the state that, wherever economically and technically feasible, the generation of hazardous waste is to be prevented or reduced as expeditiously as possible. Hazardous waste that is nevertheless generated should be stored, treated and disposed of so as to protect human health and the environment.
(b) It is the intent of the general assembly that the Capacity Assurance Plan (CAP) required by the Superfund Amendments and Reauthorization Act of 1986 (SARA) (P.L. 99-499, 100 Stat. 1613, as amended) should reflect the state's primary commitment to waste prevention and reduction through education, planning and technical assistance.
(c) The general assembly further finds that the timely development of a comprehensive waste reduction plan by each large and small hazardous waste generator operating in the state is essential in order to identify opportunities for reducing waste generation which may be implemented by that generator.
(d) The general assembly finds that the state should aid generators of hazardous waste to meet the requirements of this part by providing a program of planning and technical assistance.
(e) It is the purpose of this part to prevent and reduce the generation of hazardous waste in the state. Such waste shall not include wastewater streams containing hazardous wastes that are collected and treated in on-site wastewater treatment systems, the discharge of which is the subject of a NPDES permit.
Acts 1990, ch. 754, § 3; T.C.A., § 68-46-302; Acts 2007 , ch. 362, § 30.