Tenn. Code Ann. § 68-211-106 — TN Code / Title 68 / Chapter 211 / Section 68-211-106
Registration - Variances, waivers, and exemptions - Permits-by-rule - Public notice - Denial of permit - Liability or obligation for cleanup or remediation
Status: in_force

(a) (1) No solid waste processing facility or disposal facility or site in any political subdivision of the state shall be operated or maintained by any person unless such person has registered with the commissioner in the name of such person for the specified facility or site. All registrations, including those of persons who dispose of only their own wastes on their own land, except as set out in § 68-211-110 , shall be with the commissioner. The board is authorized to specify procedures for registration by means of rules and regulations duly promulgated under the authority of this part. Such rules and regulations shall include provisions for public notice and an opportunity for a public hearing on permit applications. (2) After public notice and an opportunity for comment, the commissioner may, to the extent allowed in regulations adopted by the board, grant variances and waivers for persons; and the board may, through the rulemaking process, establish exemptions from the requirements of this part and permits-by-rule for classes of activities subject to the requirements of this part; provided, that it is demonstrated to a reasonable degree of certainty that design or operating practices will prevent degradation of the environment and will adequately protect the public health, safety and environment. (b) Disposal or processing facilities or sites currently registered with the department shall not need a new permit unless and until their current registration must be amended to encompass any process modifications or expansions of operations currently allowed. (c) Other program approval, prior to the issuance of a solid waste permit, may be fulfilled by a certification from the applicable program stating the extent of application to that program or that an application for a permit has been submitted to the applicable program. The division of solid and hazardous waste management using technical support and advice, to the extent available, from the bureau of environment shall evaluate the proposed application in order to determine that water quality standards have been adequately addressed to prevent pollution of the waters of the state. (d) The commissioner may deny or revoke any registration if the commissioner finds that the applicant or registrant has failed to comply with this part or the rules promulgated pursuant hereto. (e) Actions taken by the department, commissioner or board in accordance with this section shall be conducted in accordance with title 13, chapter 18, when the action involves a major energy project, as defined in § 13-18-102 . (f) (1) In order to inform interested persons in the area of solid waste disposal of the proposed facility and its tentative approval, public notice shall be circulated within the geographical area of the proposed facility by any of the following means: (A) Posting in the post office and public places of the municipality nearest the site under consideration; or (B) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation. (2) Public notice of a proposed site approval shall include the following: (A) Name, address, and telephone number of the solid waste management division; (B) Name and address of the site owner and/or operator; (C) Location and size of the proposed site; (D) Brief description of the type of operation to be operated at the site and the type of waste that will be accepted; (E) A description of the time frame and procedures for making a final determination on the facility application approval or disapproval; and (F) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the site, and inspect this data. (3) A copy of the public notice and fact sheet shall be sent to any person who specifically requests one. The commissioner shall send a copy of each notice of application and fact sheet within the state or a certain geographical area thereof to those persons who have requested the addition of their names to a mailing list. The commissioner may annually purge the mailing list of those persons who do not renew their request. (4) Interested persons may submit written comments on the tentative determinations within thirty (30) days of the public notice or such greater period as the commissioner allows. All written comments submitted shall be retained and made available to the board in its final determination of registration of the proposed site. (5) Interested persons may request in writing that the commissioner hold a public hearing on any proposed solid waste management facility registration. The request must be filed within the period allowed for public comment and must indicate the interest of the party filing it and the reason why a hearing is warranted. If there is a significant public interest in having a hearing, the commissioner shall hold one in the geographical area of the proposed site. Instances of doubt should be resolved in favor of holding a hearing. The commissioner shall transcribe or record the comments made at the hearing to assist the commissioner in the commissioner's final determination of registration of the proposed site. (6) No less than fifteen (15) days in advance of the hearing, public notice of it shall be circulated at least as widely as was the notice of the proposed site approval and registration. Procedure for circulation of public notice for the hearing shall include the following: (A) Publication in a newspaper of general circulation within the geographical area of the site; and (B) Sending notice to all persons who received a copy of the notice or fact sheet for the site registration and any person who specifically requests a copy of the notice of the hearing. (7) Each notice of a public hearing shall include at least the following contents: (A) Name, address and telephone number of the solid waste management division; (B) Name and address of each site and site owner or operator that will be heard at the hearing; (C) A description of the type of facility that will be located on the site; (D) A brief reference to the public notice issued for each proposed site; (E) Information regarding the time and location for the hearing; (F) The purpose of the hearing; (G) A concise statement of the issues raised by the persons requesting the hearing; (H) Address and telephone number of the premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents; and (I) A brief description of the nature of the hearing, including the rules and procedures to be followed. (g) (1) Any person applying for a registration for a solid waste processing facility or disposal facility or site for which a core drilling is required shall notify the department at least forty-five (45) days in advance of the time, date and location at which such drilling is to be conducted. At least thirty (30) days in advance of such drilling, the applicant shall give public notice of such drilling. Such notice shall include the time, date and location at which the drilling is to be conducted, the name and address of the applicant, the name and address of the owner of the property on which the drilling is to be conducted, and a brief description of the type of operation to be operated at the proposed site and the type of waste that will be accepted. Such notice shall be published in a daily newspaper of general circulation in the area in which the drilling is to occur. (2) The person applying for a registration shall include a copy of the newspaper notice required pursuant to subdivision (g)(1), if core drilling is required as part of the application. The application of any person who fails to meet the requirements of this subsection (g) shall be denied. (3) This subsection (g) only applies in counties having a population of not less than nine thousand six hundred fifty (9,650) nor more than nine thousand seven hundred fifty (9,750) and not less than thirty-four thousand seventy-five (34,075) nor more than thirty-four thousand one hundred seventy-five (34,175), according to the 1980 federal census or any subsequent federal census. (h) (1) As used in this subsection (h), unless the context otherwise requires: (A) "Applicant" means any person, as defined in § 68-211-103 of the Tennessee Solid Waste Disposal Act, making application for the approval of a permit pursuant to the Solid Waste Disposal Act; (B) "Compliance history" means a record of operation or ownership of a facility subject to the Tennessee Solid Waste Disposal Act, compiled in this chapter, or the Tennessee Hazardous Waste Management Act, compiled in chapter 212 of this title; (C) "Responsible party" means: (i) Any individual who is an applicant, an officer or director of a corporation, partnership, or business association that is an applicant, or person with overall responsibility for operations of the site of a waste management unit subject to the Solid Waste Disposal Act; or (ii) Any official or management committee member of the state or political subdivision thereof that is an applicant; (D) "Solid Waste Disposal Act" means this chapter; and (E) "Tennessee Hazardous Waste Management Act" means chapter 212 of this title. (2) Subject to the requirements of subdivision (h)(3), the commissioner may refuse to issue or renew a permit issued pursuant to the Solid Waste Disposal Act if the commissioner finds that the applicant or a responsible party has: (A) Intentionally misrepresented or concealed any material fact which would have resulted in the denial of the application submitted to the department; (B) Obtained a permit from the department by intentional misrepresentation or concealment of a material fact which would have resulted in the permit being denied; (C) Been convicted of, or incarcerated for, a felony environmental criminal offense within three (3) years preceding the application for a permit for any violation of the Solid Waste Disposal Act, the Hazardous Waste Management Act or § 39-14-408 ; or, in the case of an applicant with less than three (3) years of compliance history in Tennessee, has been convicted of, or incarcerated for, a felony environmental criminal offense in another jurisdiction; (D) Been adjudicated in contempt of any order of any court of this state enforcing the Solid Waste Disposal Act or the Hazardous Waste Management Act or has been incarcerated for such contempt within the three (3) years preceding the application for a permit or, in the case of an applicant with less than three (3) years of compliance history in Tennessee, has been adjudicated in contempt of any order of any court enforcing a federal or state solid or hazardous waste management law; or (E) Been convicted of a violation of either state or federal racketeer influenced and corrupt organization (RICO) statutes; (3) (A) An applicant that has three (3) or more years of compliance history in Tennessee shall submit, at the time of application, a statement to the effect that neither the applicant nor any responsible party has been convicted of a felony, been incarcerated or been adjudicated in contempt of court as described in subdivision (h)(2)(C), or (h)(2)(D), (h)(2)(E) or alternatively list any applicable conviction, term or incarceration, or adjudication of contempt. The applicant may submit information or documentation related to such convictions, incarcerations, or adjudications, including evidence regarding one (1) or more of the facts enumerated in subdivision (h)(4). (B) An applicant with less than three (3) years of compliance history in Tennessee shall submit, at the time of application, a compliance history disclosure form prepared by the commissioner. The form shall include the information required for applicants with three (3) or more years of compliance history in Tennessee, and additionally require a listing of the names, social security numbers, taxpayer identification numbers and business addresses of the responsible parties for the regulated activities of the applicant, along with a description of any offenses identified in subdivisions (h)(2)(C), (D) and (E). (4) In making the decision to issue, renew or deny any such permit, the commissioner shall determine pursuant to subdivisions (h)(2) and (3), as applicable, whether any such material misrepresentation, concealment, conviction or adjudication demonstrates a disregard for environmental regulations or a pattern of prohibited conduct. In making any finding under this subdivision (h)(4), the commissioner shall consider the following factors and the applicant may submit information or documentation related to the following: (A) The nature and seriousness of the offense; (B) The circumstances in which the offense occurred; (C) The date of the offense; (D) Whether the offense was an isolated offense or part of a series of related incidents; (E) The applicant's environmental record and history of compliance regarding waste management in this state; (F) The number and types of facilities operated by the applicant; (G) Any evidence that the applicant reported or investigated the offense itself and took action to halt or mitigate the offense; (H) Disassociation from any persons convicted of felony environmental criminal activity; (I) The payment by a party convicted of felony environmental criminal activity of restitution to any victims of such criminal activity, remediation of any damages to natural resources and the payment of any fines or penalties imposed for such conduct; (J) Other corrective actions the applicant has undertaken to prevent a recurrence of the offense, including, but not limited to, the establishment and implementation of internal management controls; and (K) The need for the permit in advancing the state's welfare, health, and safety, including, but not limited to, the role of the facility in any solid waste region's approved plan. (5) This subsection (h) shall not apply to permits-by-rule that are issued pursuant to rules adopted by the board in accordance with subdivision (a)(2). (i) Nothing in this chapter shall be construed as imposing liability or any obligation for cleanup or remediation of any solid waste, as defined in § 68-211-103 , or baled waste as defined in § 68-211-103 , or any solid waste or baled waste facility or site as defined by rules promulgated by the department of environment and conservation, on any person who, without participating in the management of the solid waste facility or site, holds indicia of ownership in such facility or site primarily to protect a security interest in the facility or site. (j) The commissioner shall not issue a permit under this section for the disposal of coal ash or for the expansion of an existing coal ash disposal facility unless the plans for the disposal facility include a liner and a final cap; however, this subsection (j) shall not apply to the use of coal ash for fill, to any agricultural use, to any engineered uses as a feedstock for the production of a product, to wastewater treatment units or to the disposal of coal ash in connection with any of these uses, as authorized by the department pursuant to this part. Acts 1969, ch. 295, § 6; 1980, ch. 662, § 9; 1980, ch. 899, § 3; 1981, ch. 131, § 32; 1981, ch. 174, § 1; T.C.A., § 53-4306; Acts 1985, ch. 337, § 1; 1986, ch. 644, § 1; 1988, ch. 966, § 1; 1989, ch. 521, § 1; 1990, ch. 1069, §§ 1, 2; 1991, ch. 451, § 20; T.C.A., § 68-31-106; Acts 1995, ch. 181, § 1; 2002, ch. 556, § 1; 2009 , ch. 255, § 1.
(a) (1) No solid waste processing facility or disposal facility or site in any political subdivision of the state shall be operated or maintained by any person unless such person has registered with the commissioner in the name of such person for the specified facility or site. All registrations, including those of persons who dispose of only their own wastes on their own land, except as set out in § 68-211-110 , shall be with the commissioner. The board is authorized to specify procedures for registration by means of rules and regulations duly promulgated under the authority of this part. Such rules and regulations shall include provisions for public notice and an opportunity for a public hearing on permit applications. (2) After public notice and an opportunity for comment, the commissioner may, to the extent allowed in regulations adopted by the board, grant variances and waivers for persons; and the board may, through the rulemaking process, establish exemptions from the requirements of this part and permits-by-rule for classes of activities subject to the requirements of this part; provided, that it is demonstrated to a reasonable degree of certainty that design or operating practices will prevent degradation of the environment and will adequately protect the public health, safety and environment.
(1) No solid waste processing facility or disposal facility or site in any political subdivision of the state shall be operated or maintained by any person unless such person has registered with the commissioner in the name of such person for the specified facility or site. All registrations, including those of persons who dispose of only their own wastes on their own land, except as set out in § 68-211-110 , shall be with the commissioner. The board is authorized to specify procedures for registration by means of rules and regulations duly promulgated under the authority of this part. Such rules and regulations shall include provisions for public notice and an opportunity for a public hearing on permit applications.
(2) After public notice and an opportunity for comment, the commissioner may, to the extent allowed in regulations adopted by the board, grant variances and waivers for persons; and the board may, through the rulemaking process, establish exemptions from the requirements of this part and permits-by-rule for classes of activities subject to the requirements of this part; provided, that it is demonstrated to a reasonable degree of certainty that design or operating practices will prevent degradation of the environment and will adequately protect the public health, safety and environment.
(b) Disposal or processing facilities or sites currently registered with the department shall not need a new permit unless and until their current registration must be amended to encompass any process modifications or expansions of operations currently allowed.
(c) Other program approval, prior to the issuance of a solid waste permit, may be fulfilled by a certification from the applicable program stating the extent of application to that program or that an application for a permit has been submitted to the applicable program. The division of solid and hazardous waste management using technical support and advice, to the extent available, from the bureau of environment shall evaluate the proposed application in order to determine that water quality standards have been adequately addressed to prevent pollution of the waters of the state.
(d) The commissioner may deny or revoke any registration if the commissioner finds that the applicant or registrant has failed to comply with this part or the rules promulgated pursuant hereto.
(e) Actions taken by the department, commissioner or board in accordance with this section shall be conducted in accordance with title 13, chapter 18, when the action involves a major energy project, as defined in § 13-18-102 .
(f) (1) In order to inform interested persons in the area of solid waste disposal of the proposed facility and its tentative approval, public notice shall be circulated within the geographical area of the proposed facility by any of the following means: (A) Posting in the post office and public places of the municipality nearest the site under consideration; or (B) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation. (2) Public notice of a proposed site approval shall include the following: (A) Name, address, and telephone number of the solid waste management division; (B) Name and address of the site owner and/or operator; (C) Location and size of the proposed site; (D) Brief description of the type of operation to be operated at the site and the type of waste that will be accepted; (E) A description of the time frame and procedures for making a final determination on the facility application approval or disapproval; and (F) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the site, and inspect this data. (3) A copy of the public notice and fact sheet shall be sent to any person who specifically requests one. The commissioner shall send a copy of each notice of application and fact sheet within the state or a certain geographical area thereof to those persons who have requested the addition of their names to a mailing list. The commissioner may annually purge the mailing list of those persons who do not renew their request. (4) Interested persons may submit written comments on the tentative determinations within thirty (30) days of the public notice or such greater period as the commissioner allows. All written comments submitted shall be retained and made available to the board in its final determination of registration of the proposed site. (5) Interested persons may request in writing that the commissioner hold a public hearing on any proposed solid waste management facility registration. The request must be filed within the period allowed for public comment and must indicate the interest of the party filing it and the reason why a hearing is warranted. If there is a significant public interest in having a hearing, the commissioner shall hold one in the geographical area of the proposed site. Instances of doubt should be resolved in favor of holding a hearing. The commissioner shall transcribe or record the comments made at the hearing to assist the commissioner in the commissioner's final determination of registration of the proposed site. (6) No less than fifteen (15) days in advance of the hearing, public notice of it shall be circulated at least as widely as was the notice of the proposed site approval and registration. Procedure for circulation of public notice for the hearing shall include the following: (A) Publication in a newspaper of general circulation within the geographical area of the site; and (B) Sending notice to all persons who received a copy of the notice or fact sheet for the site registration and any person who specifically requests a copy of the notice of the hearing. (7) Each notice of a public hearing shall include at least the following contents: (A) Name, address and telephone number of the solid waste management division; (B) Name and address of each site and site owner or operator that will be heard at the hearing; (C) A description of the type of facility that will be located on the site; (D) A brief reference to the public notice issued for each proposed site; (E) Information regarding the time and location for the hearing; (F) The purpose of the hearing; (G) A concise statement of the issues raised by the persons requesting the hearing; (H) Address and telephone number of the premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents; and (I) A brief description of the nature of the hearing, including the rules and procedures to be followed.
(1) In order to inform interested persons in the area of solid waste disposal of the proposed facility and its tentative approval, public notice shall be circulated within the geographical area of the proposed facility by any of the following means: (A) Posting in the post office and public places of the municipality nearest the site under consideration; or (B) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation.
(A) Posting in the post office and public places of the municipality nearest the site under consideration; or
(B) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation.
(2) Public notice of a proposed site approval shall include the following: (A) Name, address, and telephone number of the solid waste management division; (B) Name and address of the site owner and/or operator; (C) Location and size of the proposed site; (D) Brief description of the type of operation to be operated at the site and the type of waste that will be accepted; (E) A description of the time frame and procedures for making a final determination on the facility application approval or disapproval; and (F) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the site, and inspect this data.
(A) Name, address, and telephone number of the solid waste management division;
(B) Name and address of the site owner and/or operator;
(C) Location and size of the proposed site;
(D) Brief description of the type of operation to be operated at the site and the type of waste that will be accepted;
(E) A description of the time frame and procedures for making a final determination on the facility application approval or disapproval; and
(F) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the site, and inspect this data.
(3) A copy of the public notice and fact sheet shall be sent to any person who specifically requests one. The commissioner shall send a copy of each notice of application and fact sheet within the state or a certain geographical area thereof to those persons who have requested the addition of their names to a mailing list. The commissioner may annually purge the mailing list of those persons who do not renew their request.
(4) Interested persons may submit written comments on the tentative determinations within thirty (30) days of the public notice or such greater period as the commissioner allows. All written comments submitted shall be retained and made available to the board in its final determination of registration of the proposed site.
(5) Interested persons may request in writing that the commissioner hold a public hearing on any proposed solid waste management facility registration. The request must be filed within the period allowed for public comment and must indicate the interest of the party filing it and the reason why a hearing is warranted. If there is a significant public interest in having a hearing, the commissioner shall hold one in the geographical area of the proposed site. Instances of doubt should be resolved in favor of holding a hearing. The commissioner shall transcribe or record the comments made at the hearing to assist the commissioner in the commissioner's final determination of registration of the proposed site.
(6) No less than fifteen (15) days in advance of the hearing, public notice of it shall be circulated at least as widely as was the notice of the proposed site approval and registration. Procedure for circulation of public notice for the hearing shall include the following: (A) Publication in a newspaper of general circulation within the geographical area of the site; and (B) Sending notice to all persons who received a copy of the notice or fact sheet for the site registration and any person who specifically requests a copy of the notice of the hearing.
(A) Publication in a newspaper of general circulation within the geographical area of the site; and
(B) Sending notice to all persons who received a copy of the notice or fact sheet for the site registration and any person who specifically requests a copy of the notice of the hearing.
(7) Each notice of a public hearing shall include at least the following contents: (A) Name, address and telephone number of the solid waste management division; (B) Name and address of each site and site owner or operator that will be heard at the hearing; (C) A description of the type of facility that will be located on the site; (D) A brief reference to the public notice issued for each proposed site; (E) Information regarding the time and location for the hearing; (F) The purpose of the hearing; (G) A concise statement of the issues raised by the persons requesting the hearing; (H) Address and telephone number of the premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents; and (I) A brief description of the nature of the hearing, including the rules and procedures to be followed.
(A) Name, address and telephone number of the solid waste management division;
(B) Name and address of each site and site owner or operator that will be heard at the hearing;
(C) A description of the type of facility that will be located on the site;
(D) A brief reference to the public notice issued for each proposed site;
(E) Information regarding the time and location for the hearing;
(F) The purpose of the hearing;
(G) A concise statement of the issues raised by the persons requesting the hearing;
(H) Address and telephone number of the premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents; and
(I) A brief description of the nature of the hearing, including the rules and procedures to be followed.
(g) (1) Any person applying for a registration for a solid waste processing facility or disposal facility or site for which a core drilling is required shall notify the department at least forty-five (45) days in advance of the time, date and location at which such drilling is to be conducted. At least thirty (30) days in advance of such drilling, the applicant shall give public notice of such drilling. Such notice shall include the time, date and location at which the drilling is to be conducted, the name and address of the applicant, the name and address of the owner of the property on which the drilling is to be conducted, and a brief description of the type of operation to be operated at the proposed site and the type of waste that will be accepted. Such notice shall be published in a daily newspaper of general circulation in the area in which the drilling is to occur. (2) The person applying for a registration shall include a copy of the newspaper notice required pursuant to subdivision (g)(1), if core drilling is required as part of the application. The application of any person who fails to meet the requirements of this subsection (g) shall be denied. (3) This subsection (g) only applies in counties having a population of not less than nine thousand six hundred fifty (9,650) nor more than nine thousand seven hundred fifty (9,750) and not less than thirty-four thousand seventy-five (34,075) nor more than thirty-four thousand one hundred seventy-five (34,175), according to the 1980 federal census or any subsequent federal census.
(1) Any person applying for a registration for a solid waste processing facility or disposal facility or site for which a core drilling is required shall notify the department at least forty-five (45) days in advance of the time, date and location at which such drilling is to be conducted. At least thirty (30) days in advance of such drilling, the applicant shall give public notice of such drilling. Such notice shall include the time, date and location at which the drilling is to be conducted, the name and address of the applicant, the name and address of the owner of the property on which the drilling is to be conducted, and a brief description of the type of operation to be operated at the proposed site and the type of waste that will be accepted. Such notice shall be published in a daily newspaper of general circulation in the area in which the drilling is to occur.
(2) The person applying for a registration shall include a copy of the newspaper notice required pursuant to subdivision (g)(1), if core drilling is required as part of the application. The application of any person who fails to meet the requirements of this subsection (g) shall be denied.
(3) This subsection (g) only applies in counties having a population of not less than nine thousand six hundred fifty (9,650) nor more than nine thousand seven hundred fifty (9,750) and not less than thirty-four thousand seventy-five (34,075) nor more than thirty-four thousand one hundred seventy-five (34,175), according to the 1980 federal census or any subsequent federal census.
(h) (1) As used in this subsection (h), unless the context otherwise requires: (A) "Applicant" means any person, as defined in § 68-211-103 of the Tennessee Solid Waste Disposal Act, making application for the approval of a permit pursuant to the Solid Waste Disposal Act; (B) "Compliance history" means a record of operation or ownership of a facility subject to the Tennessee Solid Waste Disposal Act, compiled in this chapter, or the Tennessee Hazardous Waste Management Act, compiled in chapter 212 of this title; (C) "Responsible party" means: (i) Any individual who is an applicant, an officer or director of a corporation, partnership, or business association that is an applicant, or person with overall responsibility for operations of the site of a waste management unit subject to the Solid Waste Disposal Act; or (ii) Any official or management committee member of the state or political subdivision thereof that is an applicant; (D) "Solid Waste Disposal Act" means this chapter; and (E) "Tennessee Hazardous Waste Management Act" means chapter 212 of this title. (2) Subject to the requirements of subdivision (h)(3), the commissioner may refuse to issue or renew a permit issued pursuant to the Solid Waste Disposal Act if the commissioner finds that the applicant or a responsible party has: (A) Intentionally misrepresented or concealed any material fact which would have resulted in the denial of the application submitted to the department; (B) Obtained a permit from the department by intentional misrepresentation or concealment of a material fact which would have resulted in the permit being denied; (C) Been convicted of, or incarcerated for, a felony environmental criminal offense within three (3) years preceding the application for a permit for any violation of the Solid Waste Disposal Act, the Hazardous Waste Management Act or § 39-14-408 ; or, in the case of an applicant with less than three (3) years of compliance history in Tennessee, has been convicted of, or incarcerated for, a felony environmental criminal offense in another jurisdiction; (D) Been adjudicated in contempt of any order of any court of this state enforcing the Solid Waste Disposal Act or the Hazardous Waste Management Act or has been incarcerated for such contempt within the three (3) years preceding the application for a permit or, in the case of an applicant with less than three (3) years of compliance history in Tennessee, has been adjudicated in contempt of any order of any court enforcing a federal or state solid or hazardous waste management law; or (E) Been convicted of a violation of either state or federal racketeer influenced and corrupt organization (RICO) statutes; (3) (A) An applicant that has three (3) or more years of compliance history in Tennessee shall submit, at the time of application, a statement to the effect that neither the applicant nor any responsible party has been convicted of a felony, been incarcerated or been adjudicated in contempt of court as described in subdivision (h)(2)(C), or (h)(2)(D), (h)(2)(E) or alternatively list any applicable conviction, term or incarceration, or adjudication of contempt. The applicant may submit information or documentation related to such convictions, incarcerations, or adjudications, including evidence regarding one (1) or more of the facts enumerated in subdivision (h)(4). (B) An applicant with less than three (3) years of compliance history in Tennessee shall submit, at the time of application, a compliance history disclosure form prepared by the commissioner. The form shall include the information required for applicants with three (3) or more years of compliance history in Tennessee, and additionally require a listing of the names, social security numbers, taxpayer identification numbers and business addresses of the responsible parties for the regulated activities of the applicant, along with a description of any offenses identified in subdivisions (h)(2)(C), (D) and (E). (4) In making the decision to issue, renew or deny any such permit, the commissioner shall determine pursuant to subdivisions (h)(2) and (3), as applicable, whether any such material misrepresentation, concealment, conviction or adjudication demonstrates a disregard for environmental regulations or a pattern of prohibited conduct. In making any finding under this subdivision (h)(4), the commissioner shall consider the following factors and the applicant may submit information or documentation related to the following: (A) The nature and seriousness of the offense; (B) The circumstances in which the offense occurred; (C) The date of the offense; (D) Whether the offense was an isolated offense or part of a series of related incidents; (E) The applicant's environmental record and history of compliance regarding waste management in this state; (F) The number and types of facilities operated by the applicant; (G) Any evidence that the applicant reported or investigated the offense itself and took action to halt or mitigate the offense; (H) Disassociation from any persons convicted of felony environmental criminal activity; (I) The payment by a party convicted of felony environmental criminal activity of restitution to any victims of such criminal activity, remediation of any damages to natural resources and the payment of any fines or penalties imposed for such conduct; (J) Other corrective actions the applicant has undertaken to prevent a recurrence of the offense, including, but not limited to, the establishment and implementation of internal management controls; and (K) The need for the permit in advancing the state's welfare, health, and safety, including, but not limited to, the role of the facility in any solid waste region's approved plan. (5) This subsection (h) shall not apply to permits-by-rule that are issued pursuant to rules adopted by the board in accordance with subdivision (a)(2).
(1) As used in this subsection (h), unless the context otherwise requires: (A) "Applicant" means any person, as defined in § 68-211-103 of the Tennessee Solid Waste Disposal Act, making application for the approval of a permit pursuant to the Solid Waste Disposal Act; (B) "Compliance history" means a record of operation or ownership of a facility subject to the Tennessee Solid Waste Disposal Act, compiled in this chapter, or the Tennessee Hazardous Waste Management Act, compiled in chapter 212 of this title; (C) "Responsible party" means: (i) Any individual who is an applicant, an officer or director of a corporation, partnership, or business association that is an applicant, or person with overall responsibility for operations of the site of a waste management unit subject to the Solid Waste Disposal Act; or (ii) Any official or management committee member of the state or political subdivision thereof that is an applicant; (D) "Solid Waste Disposal Act" means this chapter; and (E) "Tennessee Hazardous Waste Management Act" means chapter 212 of this title.
(A) "Applicant" means any person, as defined in § 68-211-103 of the Tennessee Solid Waste Disposal Act, making application for the approval of a permit pursuant to the Solid Waste Disposal Act;
(B) "Compliance history" means a record of operation or ownership of a facility subject to the Tennessee Solid Waste Disposal Act, compiled in this chapter, or the Tennessee Hazardous Waste Management Act, compiled in chapter 212 of this title;
(C) "Responsible party" means: (i) Any individual who is an applicant, an officer or director of a corporation, partnership, or business association that is an applicant, or person with overall responsibility for operations of the site of a waste management unit subject to the Solid Waste Disposal Act; or (ii) Any official or management committee member of the state or political subdivision thereof that is an applicant;
(i) Any individual who is an applicant, an officer or director of a corporation, partnership, or business association that is an applicant, or person with overall responsibility for operations of the site of a waste management unit subject to the Solid Waste Disposal Act; or
(ii) Any official or management committee member of the state or political subdivision thereof that is an applicant;
(D) "Solid Waste Disposal Act" means this chapter; and
(E) "Tennessee Hazardous Waste Management Act" means chapter 212 of this title.
(2) Subject to the requirements of subdivision (h)(3), the commissioner may refuse to issue or renew a permit issued pursuant to the Solid Waste Disposal Act if the commissioner finds that the applicant or a responsible party has: (A) Intentionally misrepresented or concealed any material fact which would have resulted in the denial of the application submitted to the department; (B) Obtained a permit from the department by intentional misrepresentation or concealment of a material fact which would have resulted in the permit being denied; (C) Been convicted of, or incarcerated for, a felony environmental criminal offense within three (3) years preceding the application for a permit for any violation of the Solid Waste Disposal Act, the Hazardous Waste Management Act or § 39-14-408 ; or, in the case of an applicant with less than three (3) years of compliance history in Tennessee, has been convicted of, or incarcerated for, a felony environmental criminal offense in another jurisdiction; (D) Been adjudicated in contempt of any order of any court of this state enforcing the Solid Waste Disposal Act or the Hazardous Waste Management Act or has been incarcerated for such contempt within the three (3) years preceding the application for a permit or, in the case of an applicant with less than three (3) years of compliance history in Tennessee, has been adjudicated in contempt of any order of any court enforcing a federal or state solid or hazardous waste management law; or (E) Been convicted of a violation of either state or federal racketeer influenced and corrupt organization (RICO) statutes;
(A) Intentionally misrepresented or concealed any material fact which would have resulted in the denial of the application submitted to the department;
(B) Obtained a permit from the department by intentional misrepresentation or concealment of a material fact which would have resulted in the permit being denied;
(C) Been convicted of, or incarcerated for, a felony environmental criminal offense within three (3) years preceding the application for a permit for any violation of the Solid Waste Disposal Act, the Hazardous Waste Management Act or § 39-14-408 ; or, in the case of an applicant with less than three (3) years of compliance history in Tennessee, has been convicted of, or incarcerated for, a felony environmental criminal offense in another jurisdiction;
(D) Been adjudicated in contempt of any order of any court of this state enforcing the Solid Waste Disposal Act or the Hazardous Waste Management Act or has been incarcerated for such contempt within the three (3) years preceding the application for a permit or, in the case of an applicant with less than three (3) years of compliance history in Tennessee, has been adjudicated in contempt of any order of any court enforcing a federal or state solid or hazardous waste management law; or
(E) Been convicted of a violation of either state or federal racketeer influenced and corrupt organization (RICO) statutes;
(3) (A) An applicant that has three (3) or more years of compliance history in Tennessee shall submit, at the time of application, a statement to the effect that neither the applicant nor any responsible party has been convicted of a felony, been incarcerated or been adjudicated in contempt of court as described in subdivision (h)(2)(C), or (h)(2)(D), (h)(2)(E) or alternatively list any applicable conviction, term or incarceration, or adjudication of contempt. The applicant may submit information or documentation related to such convictions, incarcerations, or adjudications, including evidence regarding one (1) or more of the facts enumerated in subdivision (h)(4). (B) An applicant with less than three (3) years of compliance history in Tennessee shall submit, at the time of application, a compliance history disclosure form prepared by the commissioner. The form shall include the information required for applicants with three (3) or more years of compliance history in Tennessee, and additionally require a listing of the names, social security numbers, taxpayer identification numbers and business addresses of the responsible parties for the regulated activities of the applicant, along with a description of any offenses identified in subdivisions (h)(2)(C), (D) and (E).
(A) An applicant that has three (3) or more years of compliance history in Tennessee shall submit, at the time of application, a statement to the effect that neither the applicant nor any responsible party has been convicted of a felony, been incarcerated or been adjudicated in contempt of court as described in subdivision (h)(2)(C), or (h)(2)(D), (h)(2)(E) or alternatively list any applicable conviction, term or incarceration, or adjudication of contempt. The applicant may submit information or documentation related to such convictions, incarcerations, or adjudications, including evidence regarding one (1) or more of the facts enumerated in subdivision (h)(4).
(B) An applicant with less than three (3) years of compliance history in Tennessee shall submit, at the time of application, a compliance history disclosure form prepared by the commissioner. The form shall include the information required for applicants with three (3) or more years of compliance history in Tennessee, and additionally require a listing of the names, social security numbers, taxpayer identification numbers and business addresses of the responsible parties for the regulated activities of the applicant, along with a description of any offenses identified in subdivisions (h)(2)(C), (D) and (E).
(4) In making the decision to issue, renew or deny any such permit, the commissioner shall determine pursuant to subdivisions (h)(2) and (3), as applicable, whether any such material misrepresentation, concealment, conviction or adjudication demonstrates a disregard for environmental regulations or a pattern of prohibited conduct. In making any finding under this subdivision (h)(4), the commissioner shall consider the following factors and the applicant may submit information or documentation related to the following: (A) The nature and seriousness of the offense; (B) The circumstances in which the offense occurred; (C) The date of the offense; (D) Whether the offense was an isolated offense or part of a series of related incidents; (E) The applicant's environmental record and history of compliance regarding waste management in this state; (F) The number and types of facilities operated by the applicant; (G) Any evidence that the applicant reported or investigated the offense itself and took action to halt or mitigate the offense; (H) Disassociation from any persons convicted of felony environmental criminal activity; (I) The payment by a party convicted of felony environmental criminal activity of restitution to any victims of such criminal activity, remediation of any damages to natural resources and the payment of any fines or penalties imposed for such conduct; (J) Other corrective actions the applicant has undertaken to prevent a recurrence of the offense, including, but not limited to, the establishment and implementation of internal management controls; and (K) The need for the permit in advancing the state's welfare, health, and safety, including, but not limited to, the role of the facility in any solid waste region's approved plan.
(A) The nature and seriousness of the offense;
(B) The circumstances in which the offense occurred;
(C) The date of the offense;
(D) Whether the offense was an isolated offense or part of a series of related incidents;
(E) The applicant's environmental record and history of compliance regarding waste management in this state;
(F) The number and types of facilities operated by the applicant;
(G) Any evidence that the applicant reported or investigated the offense itself and took action to halt or mitigate the offense;
(H) Disassociation from any persons convicted of felony environmental criminal activity;
(I) The payment by a party convicted of felony environmental criminal activity of restitution to any victims of such criminal activity, remediation of any damages to natural resources and the payment of any fines or penalties imposed for such conduct;
(J) Other corrective actions the applicant has undertaken to prevent a recurrence of the offense, including, but not limited to, the establishment and implementation of internal management controls; and
(K) The need for the permit in advancing the state's welfare, health, and safety, including, but not limited to, the role of the facility in any solid waste region's approved plan.
(5) This subsection (h) shall not apply to permits-by-rule that are issued pursuant to rules adopted by the board in accordance with subdivision (a)(2).
(i) Nothing in this chapter shall be construed as imposing liability or any obligation for cleanup or remediation of any solid waste, as defined in § 68-211-103 , or baled waste as defined in § 68-211-103 , or any solid waste or baled waste facility or site as defined by rules promulgated by the department of environment and conservation, on any person who, without participating in the management of the solid waste facility or site, holds indicia of ownership in such facility or site primarily to protect a security interest in the facility or site.
(j) The commissioner shall not issue a permit under this section for the disposal of coal ash or for the expansion of an existing coal ash disposal facility unless the plans for the disposal facility include a liner and a final cap; however, this subsection (j) shall not apply to the use of coal ash for fill, to any agricultural use, to any engineered uses as a feedstock for the production of a product, to wastewater treatment units or to the disposal of coal ash in connection with any of these uses, as authorized by the department pursuant to this part.
Acts 1969, ch. 295, § 6; 1980, ch. 662, § 9; 1980, ch. 899, § 3; 1981, ch. 131, § 32; 1981, ch. 174, § 1; T.C.A., § 53-4306; Acts 1985, ch. 337, § 1; 1986, ch. 644, § 1; 1988, ch. 966, § 1; 1989, ch. 521, § 1; 1990, ch. 1069, §§ 1, 2; 1991, ch. 451, § 20; T.C.A., § 68-31-106; Acts 1995, ch. 181, § 1; 2002, ch. 556, § 1; 2009 , ch. 255, § 1.
Tenn. Code Ann. § 68-212-209 — TN Code / Title 68 / Chapter 212 / Section 68-212-209
Liens on property
Status: in_force

(a) Whenever a hazardous substance site is placed on the list of hazardous substance sites pursuant to § 68-212-206(e) , or whenever the commissioner otherwise begins to expend money for investigation, identification, containment or cleanup of a particular site under this part, the commissioner may file a notice with the office of the register of deeds of the county in which the property lies. (b) (1) Whenever the commissioner expends money to investigate, identify, contain, monitor, maintain or clean up a hazardous substance site pursuant to this part, the commissioner may file a statement of the funds expended in the office of the register of deeds for the county(ies) in which the property lies, which statement shall perfect the lien on the property arising from the notice filed under subsection (a). (2) The lien shall not exceed the lesser of: (A) The actual amount expended at the site from the hazardous waste remedial action fund; or (B) The apportioned share of all costs expended (as determined pursuant to § 68-212-207 ) of the owner of the property, after giving full credit for all expenditures by property owner(s). (3) The lien shall be satisfied and discharged upon payment of the amount of such apportioned share. (c) If the property owner is aggrieved by the amount of the lien filed under subsection (a), the property owner may cause another appraisal to be performed by an independent appraiser and may submit the matter to the chancery court of the county in which the property is located to determine the appropriate amount of the lien. A decision of that court may be appealed according to the Tennessee Rules of Appellate Procedure. (d) The lien provided in this section shall be entered in the records of the register of deeds of the county in which the property lies. Such statements shall constitute a lien upon such property as of the date notice is filed pursuant to subsection (a) and shall have priority from the date of such filing of such notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of such notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice. Such a lien shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership, and if the lien is not fully satisfied at the time of transfer, it shall remain a lien on the property until it is fully satisfied. (e) A form of notice substantially as follows is sufficient to comply with subsection (a): NOTICE OF LIEN UNDER HAZARDOUS WASTE MANAGEMENT ACT OF 1983 Name of titleholder(s) ______________ Property address ______________ Description of property subject to possible lien sufficient to identify such property ______________ Date, signature, and address of the commissioner or the commissioner's authorized designee ______________ The register of deeds shall note the date and time of filing, and an appropriate registration number, and shall record the notice in the lien book in the office of the register. (f) The effective date of all prior liens claimed under this chapter shall be unaffected by the 1986 amendment to this section if a notice is filed in accordance with subsection (a) on or before December 31, 1986, which notice shall set forth, in addition to the information required by subsection (e), the claimed effective date of the lien if earlier than the date of the filing of the notice. After December 31, 1986, all claimed liens shall be effective as of the date the notice is filed pursuant to subsection (a). Acts 1983, ch. 423, § 9; 1986, ch. 528, § 1; 1988, ch. 856, § 1; T.C.A., § 68-46-209; Acts 1994, ch. 890, § 11; 2007 , ch. 362, § 22.
(a) Whenever a hazardous substance site is placed on the list of hazardous substance sites pursuant to § 68-212-206(e) , or whenever the commissioner otherwise begins to expend money for investigation, identification, containment or cleanup of a particular site under this part, the commissioner may file a notice with the office of the register of deeds of the county in which the property lies.
(b) (1) Whenever the commissioner expends money to investigate, identify, contain, monitor, maintain or clean up a hazardous substance site pursuant to this part, the commissioner may file a statement of the funds expended in the office of the register of deeds for the county(ies) in which the property lies, which statement shall perfect the lien on the property arising from the notice filed under subsection (a). (2) The lien shall not exceed the lesser of: (A) The actual amount expended at the site from the hazardous waste remedial action fund; or (B) The apportioned share of all costs expended (as determined pursuant to § 68-212-207 ) of the owner of the property, after giving full credit for all expenditures by property owner(s). (3) The lien shall be satisfied and discharged upon payment of the amount of such apportioned share.
(1) Whenever the commissioner expends money to investigate, identify, contain, monitor, maintain or clean up a hazardous substance site pursuant to this part, the commissioner may file a statement of the funds expended in the office of the register of deeds for the county(ies) in which the property lies, which statement shall perfect the lien on the property arising from the notice filed under subsection (a).
(2) The lien shall not exceed the lesser of: (A) The actual amount expended at the site from the hazardous waste remedial action fund; or (B) The apportioned share of all costs expended (as determined pursuant to § 68-212-207 ) of the owner of the property, after giving full credit for all expenditures by property owner(s).
(A) The actual amount expended at the site from the hazardous waste remedial action fund; or
(B) The apportioned share of all costs expended (as determined pursuant to § 68-212-207 ) of the owner of the property, after giving full credit for all expenditures by property owner(s).
(3) The lien shall be satisfied and discharged upon payment of the amount of such apportioned share.
(c) If the property owner is aggrieved by the amount of the lien filed under subsection (a), the property owner may cause another appraisal to be performed by an independent appraiser and may submit the matter to the chancery court of the county in which the property is located to determine the appropriate amount of the lien. A decision of that court may be appealed according to the Tennessee Rules of Appellate Procedure.
(d) The lien provided in this section shall be entered in the records of the register of deeds of the county in which the property lies. Such statements shall constitute a lien upon such property as of the date notice is filed pursuant to subsection (a) and shall have priority from the date of such filing of such notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of such notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice. Such a lien shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership, and if the lien is not fully satisfied at the time of transfer, it shall remain a lien on the property until it is fully satisfied.
(e) A form of notice substantially as follows is sufficient to comply with subsection (a): NOTICE OF LIEN UNDER HAZARDOUS WASTE MANAGEMENT ACT OF 1983 Name of titleholder(s) ______________ Property address ______________ Description of property subject to possible lien sufficient to identify such property ______________ Date, signature, and address of the commissioner or the commissioner's authorized designee ______________ The register of deeds shall note the date and time of filing, and an appropriate registration number, and shall record the notice in the lien book in the office of the register.
NOTICE OF LIEN UNDER HAZARDOUS WASTE MANAGEMENT ACT OF 1983
Name of titleholder(s) ______________
Property address ______________
Description of property subject to possible lien sufficient to identify such property ______________
Date, signature, and address of the commissioner or the commissioner's authorized designee ______________
The register of deeds shall note the date and time of filing, and an appropriate registration number, and shall record the notice in the lien book in the office of the register.
(f) The effective date of all prior liens claimed under this chapter shall be unaffected by the 1986 amendment to this section if a notice is filed in accordance with subsection (a) on or before December 31, 1986, which notice shall set forth, in addition to the information required by subsection (e), the claimed effective date of the lien if earlier than the date of the filing of the notice. After December 31, 1986, all claimed liens shall be effective as of the date the notice is filed pursuant to subsection (a).
Acts 1983, ch. 423, § 9; 1986, ch. 528, § 1; 1988, ch. 856, § 1; T.C.A., § 68-46-209; Acts 1994, ch. 890, § 11; 2007 , ch. 362, § 22.
Tenn. Code Ann. § 68-221-801 — TN Code / Title 68 / Chapter 221 / Section 68-221-801
Short title
Status: in_force

This part shall be known and may be cited as the "Wastewater Treatment Works Construction Grant Act of 1984." Acts 1984, ch. 768, § 1; T.C.A., § 68-13-801.
This part shall be known and may be cited as the "Wastewater Treatment Works Construction Grant Act of 1984."
Acts 1984, ch. 768, § 1; T.C.A., § 68-13-801.
Tenn. Code Ann. § 68-221-1303 — TN Code / Title 68 / Chapter 221 / Section 68-221-1303
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authority" means a water and wastewater treatment authority created pursuant to this part; (2) "Board" means the board of commissioners of an authority; (3) "Bonds" includes notes, interim certificates or other obligations of an authority; (4) "Creating governmental entity" means any city, metropolitan government, county or utility district that creates an authority pursuant to this part; (5) "Executive officer" means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity; (6) "Governing body" means the chief legislative body of any creating or participating governmental entity; (7) "Participating governmental entity" means any utility district, metropolitan government, city, town or county, which utility district, city, town or county, pursuant to a resolution of its governing body, has sold, leased, dedicated, donated or otherwise conveyed its water or wastewater treatment works, or both, or a portion of its water or wastewater treatment works, to the authority for operation by the authority in order to make the treatment works an operational part of its treatment works; (8) "State" means the state of Tennessee; and (9) "Treatment works" means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities, and any works. Acts 2007, ch. 250, § 1.
As used in this part, unless the context otherwise requires:
(1) "Authority" means a water and wastewater treatment authority created pursuant to this part;
(2) "Board" means the board of commissioners of an authority;
(3) "Bonds" includes notes, interim certificates or other obligations of an authority;
(4) "Creating governmental entity" means any city, metropolitan government, county or utility district that creates an authority pursuant to this part;
(5) "Executive officer" means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity;
(6) "Governing body" means the chief legislative body of any creating or participating governmental entity;
(7) "Participating governmental entity" means any utility district, metropolitan government, city, town or county, which utility district, city, town or county, pursuant to a resolution of its governing body, has sold, leased, dedicated, donated or otherwise conveyed its water or wastewater treatment works, or both, or a portion of its water or wastewater treatment works, to the authority for operation by the authority in order to make the treatment works an operational part of its treatment works;
(8) "State" means the state of Tennessee; and
(9) "Treatment works" means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities, and any works.
Acts 2007, ch. 250, § 1.
Tenn. Code Ann. § 68-221-905 — TN Code / Title 68 / Chapter 221 / Section 68-221-905
Board of certification
Status: in_force

(a) (1) A board of certification is established for the administration of the certification program. (2) The board is charged with the responsibility of conducting all work necessary to promote the program and maintain records, and shall also promulgate rules and regulations required in performing its obligations. (b) (1) Such board shall be composed of the following members, appointed by the governor: (A) One (1) member shall be a certified operator of a water or wastewater system who holds a certificate of the highest class issued by the board, who may be appointed from lists of qualified persons submitted by interested water and wastewater groups including, but not limited to, the Tennessee Water and Wastewater Association; (B) One (1) member shall be a certified operator of a water or wastewater utility district, who may be appointed from lists of qualified persons submitted by interested utility district groups including, but not limited to, the Tennessee Association of Utility Districts; (C) One (1) member shall be a person knowledgeable about water or wastewater systems with experience working for such systems, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (D) One member shall be a faculty member of a college, university or state technical institute whose major field is related to water or wastewater systems, who may be appointed from lists of qualified persons submitted by interested engineering groups including, but not limited to, the Tennessee Society of Professional Engineers; and (E) The commissioner or such qualified member of the commissioner's staff as the commissioner may designate. (2) The governor shall consult with interested groups, including, but not limited to, the organizations listed in subdivision (b)(1) to determine qualified persons to fill positions on the board. (c) (1) Board members shall serve for three-year terms except as designated herein, and all appointments shall expire on June 30 of the appropriate year. A board member shall continue to serve, however, until a successor has been appointed, or until the board member has been reappointed. (2) Appointments to succeed a board member who is unable to serve such board member's full term shall be for the remainder of that term. (3) Board members may be reappointed, but they do not succeed themselves automatically. (4) Appointments to the board for the remainder of an unexpired term, and reappointments shall be made in the same manner as under subsection (b). (5) Any board member who moves from Tennessee is automatically terminated from the board. (d) At the first meeting each year after July 1, the board shall elect from its membership a chair and vice chair. (e) The director of the division of water resources or the director's designated representative shall serve as secretary of the board and be responsible for maintaining records. (f) Each member of the board, other than the ex officio member, shall be entitled to be paid fifty dollars ($50.00) for attendance at each meeting of the board at which a quorum is present and for actual and necessary expenses incurred. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (g) A quorum of the board shall be at least three (3) members. Amended by 2013 Tenn. Acts, ch. 362,s 3, eff. 7/1/2013. Acts 1984, ch. 812, § 5; T.C.A., § 68-13-905.
(a) (1) A board of certification is established for the administration of the certification program. (2) The board is charged with the responsibility of conducting all work necessary to promote the program and maintain records, and shall also promulgate rules and regulations required in performing its obligations.
(1) A board of certification is established for the administration of the certification program.
(2) The board is charged with the responsibility of conducting all work necessary to promote the program and maintain records, and shall also promulgate rules and regulations required in performing its obligations.
(b) (1) Such board shall be composed of the following members, appointed by the governor: (A) One (1) member shall be a certified operator of a water or wastewater system who holds a certificate of the highest class issued by the board, who may be appointed from lists of qualified persons submitted by interested water and wastewater groups including, but not limited to, the Tennessee Water and Wastewater Association; (B) One (1) member shall be a certified operator of a water or wastewater utility district, who may be appointed from lists of qualified persons submitted by interested utility district groups including, but not limited to, the Tennessee Association of Utility Districts; (C) One (1) member shall be a person knowledgeable about water or wastewater systems with experience working for such systems, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (D) One member shall be a faculty member of a college, university or state technical institute whose major field is related to water or wastewater systems, who may be appointed from lists of qualified persons submitted by interested engineering groups including, but not limited to, the Tennessee Society of Professional Engineers; and (E) The commissioner or such qualified member of the commissioner's staff as the commissioner may designate. (2) The governor shall consult with interested groups, including, but not limited to, the organizations listed in subdivision (b)(1) to determine qualified persons to fill positions on the board.
(1) Such board shall be composed of the following members, appointed by the governor: (A) One (1) member shall be a certified operator of a water or wastewater system who holds a certificate of the highest class issued by the board, who may be appointed from lists of qualified persons submitted by interested water and wastewater groups including, but not limited to, the Tennessee Water and Wastewater Association; (B) One (1) member shall be a certified operator of a water or wastewater utility district, who may be appointed from lists of qualified persons submitted by interested utility district groups including, but not limited to, the Tennessee Association of Utility Districts; (C) One (1) member shall be a person knowledgeable about water or wastewater systems with experience working for such systems, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League; (D) One member shall be a faculty member of a college, university or state technical institute whose major field is related to water or wastewater systems, who may be appointed from lists of qualified persons submitted by interested engineering groups including, but not limited to, the Tennessee Society of Professional Engineers; and (E) The commissioner or such qualified member of the commissioner's staff as the commissioner may designate.
(A) One (1) member shall be a certified operator of a water or wastewater system who holds a certificate of the highest class issued by the board, who may be appointed from lists of qualified persons submitted by interested water and wastewater groups including, but not limited to, the Tennessee Water and Wastewater Association;
(B) One (1) member shall be a certified operator of a water or wastewater utility district, who may be appointed from lists of qualified persons submitted by interested utility district groups including, but not limited to, the Tennessee Association of Utility Districts;
(C) One (1) member shall be a person knowledgeable about water or wastewater systems with experience working for such systems, who may be appointed from lists of qualified persons submitted by interested municipal groups including, but not limited to, the Tennessee Municipal League;
(D) One member shall be a faculty member of a college, university or state technical institute whose major field is related to water or wastewater systems, who may be appointed from lists of qualified persons submitted by interested engineering groups including, but not limited to, the Tennessee Society of Professional Engineers; and
(E) The commissioner or such qualified member of the commissioner's staff as the commissioner may designate.
(2) The governor shall consult with interested groups, including, but not limited to, the organizations listed in subdivision (b)(1) to determine qualified persons to fill positions on the board.
(c) (1) Board members shall serve for three-year terms except as designated herein, and all appointments shall expire on June 30 of the appropriate year. A board member shall continue to serve, however, until a successor has been appointed, or until the board member has been reappointed. (2) Appointments to succeed a board member who is unable to serve such board member's full term shall be for the remainder of that term. (3) Board members may be reappointed, but they do not succeed themselves automatically. (4) Appointments to the board for the remainder of an unexpired term, and reappointments shall be made in the same manner as under subsection (b). (5) Any board member who moves from Tennessee is automatically terminated from the board.
(1) Board members shall serve for three-year terms except as designated herein, and all appointments shall expire on June 30 of the appropriate year. A board member shall continue to serve, however, until a successor has been appointed, or until the board member has been reappointed.
(2) Appointments to succeed a board member who is unable to serve such board member's full term shall be for the remainder of that term.
(3) Board members may be reappointed, but they do not succeed themselves automatically.
(4) Appointments to the board for the remainder of an unexpired term, and reappointments shall be made in the same manner as under subsection (b).
(5) Any board member who moves from Tennessee is automatically terminated from the board.
(d) At the first meeting each year after July 1, the board shall elect from its membership a chair and vice chair.
(e) The director of the division of water resources or the director's designated representative shall serve as secretary of the board and be responsible for maintaining records.
(f) Each member of the board, other than the ex officio member, shall be entitled to be paid fifty dollars ($50.00) for attendance at each meeting of the board at which a quorum is present and for actual and necessary expenses incurred. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(g) A quorum of the board shall be at least three (3) members.
Amended by 2013 Tenn. Acts, ch. 362,s 3, eff. 7/1/2013.
Acts 1984, ch. 812, § 5; T.C.A., § 68-13-905.
Tenn. Code Ann. § 68-221-203 — TN Code / Title 68 / Chapter 221 / Section 68-221-203
Allocation of state grants
Status: in_force

(a) In allocating state grants under this part, the department shall give consideration to, and apply, the similar standards, criteria and measures of eligibility as prescribed by this part and the rules of the department. (b) Eligibility to receive federal funds shall not be a condition precedent to receiving an allocation of state grants if such project otherwise qualifies for such grant. Acts 1967, ch. 362, § 3; 1978, ch. 843, § 3; T.C.A., § 53-2019; Acts 1989, ch. 233, § 9; T.C.A., § 68-13-203.
(a) In allocating state grants under this part, the department shall give consideration to, and apply, the similar standards, criteria and measures of eligibility as prescribed by this part and the rules of the department.
(b) Eligibility to receive federal funds shall not be a condition precedent to receiving an allocation of state grants if such project otherwise qualifies for such grant.
Acts 1967, ch. 362, § 3; 1978, ch. 843, § 3; T.C.A., § 53-2019; Acts 1989, ch. 233, § 9; T.C.A., § 68-13-203.
Tenn. Code Ann. § 68-215-107 — TN Code / Title 68 / Chapter 215 / Section 68-215-107
Supervision, inspection, and enforcement responsibilities
Status: in_force

(a) The commissioner shall exercise general supervision over the placement and storage of petroleum substances in petroleum underground storage tanks, release prevention, release detection, release correction, closure, and, where applicable, post-closure care of petroleum underground storage tanks throughout the state. The supervision shall apply to all features of the installation of the petroleum underground storage tanks, the standards for permissible petroleum underground storage tanks, petroleum delivery requirements, release prevention requirements, release detection requirements, release correction requirements, facility financial responsibility requirements, facility closure requirements, and facility post-closure requirements which do or may affect the public health, safety or quality of the environment and which do or may affect the proper storage of petroleum substances. (b) The commissioner is authorized to issue an order to any responsible party requiring such party to investigate, identify, contain and clean up, including monitoring and maintenance, any petroleum substance sites which pose or may pose a danger to public health, safety, or the environment because of release or threatened release of petroleum substances. Any person failing, neglecting or refusing to comply with any final order after a hearing shall be subject to the penalties provided in this chapter. (c) In the event that any identified responsible party or parties are unable or unwilling to provide for the investigation, identification, or for the reasonable and safe containment and cleanup, including monitoring and maintenance, pursuant to an order issued under this section, or no such liable party can reasonably be identified by the commissioner, the commissioner may provide for such actions. (d) If, at any time, the commissioner, after investigation, finds that a petroleum site constitutes an imminent, substantial danger to the public health, safety or environment, the commissioner may undertake such actions as are necessary to abate the imminent and substantial danger. (e) For the purpose of developing or enforcing any rule or regulation authorized by this chapter, or enforcing any requirement of this chapter or order issued by the commissioner or board pursuant to this chapter, the commissioner or the commissioner's agent is authorized to: (1) Enter at reasonable times any establishment or other place where a petroleum underground storage tank is located or where petroleum contamination is or may be present for the purpose of conducting investigations or remediating the contamination caused by a release from a petroleum underground storage tank; (2) Inspect and obtain samples of any petroleum substance contained in such tank and allow for testing of samples by both the commissioner or the commissioner's agent and the owner/operator; (3) Conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or groundwater; (4) Require the owner/operator of a petroleum underground storage tank to prove the petroleum underground storage tank is not leaking, if there has been the release of petroleum substances in the area, including tightness testing of the petroleum underground storage tank, if deemed necessary; (5) Issue subpoenas to compel attendance of witnesses or production of documents or data; and (6) Bring suit in the name of the department for: (A) Any violation of this chapter, rules established pursuant to this chapter, and orders of the commissioner or board seeking any remedy as provided in this chapter, such rule, or order; and (B) Any other statutory or common law remedy available. (f) The board may promulgate and adopt such rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as are required elsewhere in this chapter or are otherwise necessary or desirable to implement this chapter. Such rules and regulations shall include, but not be limited to: (1) Requirements for maintaining a leak detection system, an inventory control system, together with tank testing, including a tank tightness testing certification program if deemed necessary, or a comparable system or method designated to identify releases in a manner consistent with the protection of human health and environment; (2) Requirements for maintaining records of petroleum delivery or of any monitoring or leak detection system or inventory control system or tank testing or comparable system; (3) Requirements for reporting releases and corrective actions taken in response to a release from a petroleum underground storage tank; (4) Requirements for taking corrective action in response to a release from a petroleum underground storage tank; (5) Requirements for the closure of petroleum underground storage tanks to prevent future releases of petroleum substances into the environment; (6) Requirements that new petroleum underground storage tanks meet design standards promulgated by the board before such tanks may be installed; (7) Requirements that existing petroleum underground storage tanks either be retrofitted to meet new petroleum tank standards or replaced with new petroleum tanks over a scheduled time period; (8) (A) Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operation of a petroleum underground storage tank, the mechanism by which the fund may provide relief of third party damages incurred by the petroleum site owner or the owner and/or operator at a petroleum site, and the mechanism by which the fund may provide relief for the costs of corrective action at fund eligible sites exceeding the financial responsibility requirements of the petroleum site owner or the owner and/or operator at the petroleum site; and (B) Requirements to authorize any class or category of petroleum underground storage tank owners and/or operators to petition for changes in the foregoing financial responsibility requirements pursuant to § 4-5-201 . In ruling on any request, the board may not allow the financial responsibility requirements to be less stringent than the federal financial responsibility requirements for enforcement; (9) Requirements providing for the assessment and collection of fees as provided in this chapter; (10) Provisions exempting certain classes of petroleum underground storage tanks from certain parts of the regulations; provided, that such exemptions do not make the regulations less stringent than federal law and regulation; and (11) Requirements for two (2) certification programs, one (1) for installers of and service providers for tank systems and one (1) for owners or operators of tanks, including, but not limited to, the qualifications, the testing procedure, any continuing education requirements, sanctions for failing to comply with the programs, and fees adequate to support the programs. (g) (1) The commissioner or board shall approve the clean-up plan only if it assures that implementation of the plan will provide adequate protection of human health, safety, and the environment. In making this determination, the commissioner or board shall consider: (A) The physical and chemical characteristics of petroleum, including its toxicity, persistence, and potential for migration; (B) The hydrogeologic characteristics of the petroleum site and the surrounding land; (C) The proximity, quality, and current and future uses of groundwater; (D) An exposure assessment; and (E) The proximity, quality, and current and future uses of surface waters. (2) Upon approval of the clean-up plan, the owners and/or operators shall implement the plan and monitor, evaluate, and report the results of implementation, as required by the commissioner or board. Amended by 2015 Tenn. Acts, ch. 292, s 2, eff. 7/1/2015. Acts 1988, ch. 984, § 9; 1990, ch. 855, § 4; T.C.A., § 68-53-107; Acts 2002, ch. 821, § 1; 2005, ch. 283, § 1; 2008 , ch. 794, §§ 2-5.
(a) The commissioner shall exercise general supervision over the placement and storage of petroleum substances in petroleum underground storage tanks, release prevention, release detection, release correction, closure, and, where applicable, post-closure care of petroleum underground storage tanks throughout the state. The supervision shall apply to all features of the installation of the petroleum underground storage tanks, the standards for permissible petroleum underground storage tanks, petroleum delivery requirements, release prevention requirements, release detection requirements, release correction requirements, facility financial responsibility requirements, facility closure requirements, and facility post-closure requirements which do or may affect the public health, safety or quality of the environment and which do or may affect the proper storage of petroleum substances.
(b) The commissioner is authorized to issue an order to any responsible party requiring such party to investigate, identify, contain and clean up, including monitoring and maintenance, any petroleum substance sites which pose or may pose a danger to public health, safety, or the environment because of release or threatened release of petroleum substances. Any person failing, neglecting or refusing to comply with any final order after a hearing shall be subject to the penalties provided in this chapter.
(c) In the event that any identified responsible party or parties are unable or unwilling to provide for the investigation, identification, or for the reasonable and safe containment and cleanup, including monitoring and maintenance, pursuant to an order issued under this section, or no such liable party can reasonably be identified by the commissioner, the commissioner may provide for such actions.
(d) If, at any time, the commissioner, after investigation, finds that a petroleum site constitutes an imminent, substantial danger to the public health, safety or environment, the commissioner may undertake such actions as are necessary to abate the imminent and substantial danger.
(e) For the purpose of developing or enforcing any rule or regulation authorized by this chapter, or enforcing any requirement of this chapter or order issued by the commissioner or board pursuant to this chapter, the commissioner or the commissioner's agent is authorized to: (1) Enter at reasonable times any establishment or other place where a petroleum underground storage tank is located or where petroleum contamination is or may be present for the purpose of conducting investigations or remediating the contamination caused by a release from a petroleum underground storage tank; (2) Inspect and obtain samples of any petroleum substance contained in such tank and allow for testing of samples by both the commissioner or the commissioner's agent and the owner/operator; (3) Conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or groundwater; (4) Require the owner/operator of a petroleum underground storage tank to prove the petroleum underground storage tank is not leaking, if there has been the release of petroleum substances in the area, including tightness testing of the petroleum underground storage tank, if deemed necessary; (5) Issue subpoenas to compel attendance of witnesses or production of documents or data; and (6) Bring suit in the name of the department for: (A) Any violation of this chapter, rules established pursuant to this chapter, and orders of the commissioner or board seeking any remedy as provided in this chapter, such rule, or order; and (B) Any other statutory or common law remedy available.
(1) Enter at reasonable times any establishment or other place where a petroleum underground storage tank is located or where petroleum contamination is or may be present for the purpose of conducting investigations or remediating the contamination caused by a release from a petroleum underground storage tank;
(2) Inspect and obtain samples of any petroleum substance contained in such tank and allow for testing of samples by both the commissioner or the commissioner's agent and the owner/operator;
(3) Conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or groundwater;
(4) Require the owner/operator of a petroleum underground storage tank to prove the petroleum underground storage tank is not leaking, if there has been the release of petroleum substances in the area, including tightness testing of the petroleum underground storage tank, if deemed necessary;
(5) Issue subpoenas to compel attendance of witnesses or production of documents or data; and
(6) Bring suit in the name of the department for: (A) Any violation of this chapter, rules established pursuant to this chapter, and orders of the commissioner or board seeking any remedy as provided in this chapter, such rule, or order; and (B) Any other statutory or common law remedy available.
(A) Any violation of this chapter, rules established pursuant to this chapter, and orders of the commissioner or board seeking any remedy as provided in this chapter, such rule, or order; and
(B) Any other statutory or common law remedy available.
(f) The board may promulgate and adopt such rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as are required elsewhere in this chapter or are otherwise necessary or desirable to implement this chapter. Such rules and regulations shall include, but not be limited to: (1) Requirements for maintaining a leak detection system, an inventory control system, together with tank testing, including a tank tightness testing certification program if deemed necessary, or a comparable system or method designated to identify releases in a manner consistent with the protection of human health and environment; (2) Requirements for maintaining records of petroleum delivery or of any monitoring or leak detection system or inventory control system or tank testing or comparable system; (3) Requirements for reporting releases and corrective actions taken in response to a release from a petroleum underground storage tank; (4) Requirements for taking corrective action in response to a release from a petroleum underground storage tank; (5) Requirements for the closure of petroleum underground storage tanks to prevent future releases of petroleum substances into the environment; (6) Requirements that new petroleum underground storage tanks meet design standards promulgated by the board before such tanks may be installed; (7) Requirements that existing petroleum underground storage tanks either be retrofitted to meet new petroleum tank standards or replaced with new petroleum tanks over a scheduled time period; (8) (A) Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operation of a petroleum underground storage tank, the mechanism by which the fund may provide relief of third party damages incurred by the petroleum site owner or the owner and/or operator at a petroleum site, and the mechanism by which the fund may provide relief for the costs of corrective action at fund eligible sites exceeding the financial responsibility requirements of the petroleum site owner or the owner and/or operator at the petroleum site; and (B) Requirements to authorize any class or category of petroleum underground storage tank owners and/or operators to petition for changes in the foregoing financial responsibility requirements pursuant to § 4-5-201 . In ruling on any request, the board may not allow the financial responsibility requirements to be less stringent than the federal financial responsibility requirements for enforcement; (9) Requirements providing for the assessment and collection of fees as provided in this chapter; (10) Provisions exempting certain classes of petroleum underground storage tanks from certain parts of the regulations; provided, that such exemptions do not make the regulations less stringent than federal law and regulation; and (11) Requirements for two (2) certification programs, one (1) for installers of and service providers for tank systems and one (1) for owners or operators of tanks, including, but not limited to, the qualifications, the testing procedure, any continuing education requirements, sanctions for failing to comply with the programs, and fees adequate to support the programs.
(1) Requirements for maintaining a leak detection system, an inventory control system, together with tank testing, including a tank tightness testing certification program if deemed necessary, or a comparable system or method designated to identify releases in a manner consistent with the protection of human health and environment;
(2) Requirements for maintaining records of petroleum delivery or of any monitoring or leak detection system or inventory control system or tank testing or comparable system;
(3) Requirements for reporting releases and corrective actions taken in response to a release from a petroleum underground storage tank;
(4) Requirements for taking corrective action in response to a release from a petroleum underground storage tank;
(5) Requirements for the closure of petroleum underground storage tanks to prevent future releases of petroleum substances into the environment;
(6) Requirements that new petroleum underground storage tanks meet design standards promulgated by the board before such tanks may be installed;
(7) Requirements that existing petroleum underground storage tanks either be retrofitted to meet new petroleum tank standards or replaced with new petroleum tanks over a scheduled time period;
(8) (A) Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operation of a petroleum underground storage tank, the mechanism by which the fund may provide relief of third party damages incurred by the petroleum site owner or the owner and/or operator at a petroleum site, and the mechanism by which the fund may provide relief for the costs of corrective action at fund eligible sites exceeding the financial responsibility requirements of the petroleum site owner or the owner and/or operator at the petroleum site; and (B) Requirements to authorize any class or category of petroleum underground storage tank owners and/or operators to petition for changes in the foregoing financial responsibility requirements pursuant to § 4-5-201 . In ruling on any request, the board may not allow the financial responsibility requirements to be less stringent than the federal financial responsibility requirements for enforcement;
(A) Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operation of a petroleum underground storage tank, the mechanism by which the fund may provide relief of third party damages incurred by the petroleum site owner or the owner and/or operator at a petroleum site, and the mechanism by which the fund may provide relief for the costs of corrective action at fund eligible sites exceeding the financial responsibility requirements of the petroleum site owner or the owner and/or operator at the petroleum site; and
(B) Requirements to authorize any class or category of petroleum underground storage tank owners and/or operators to petition for changes in the foregoing financial responsibility requirements pursuant to § 4-5-201 . In ruling on any request, the board may not allow the financial responsibility requirements to be less stringent than the federal financial responsibility requirements for enforcement;
(9) Requirements providing for the assessment and collection of fees as provided in this chapter;
(10) Provisions exempting certain classes of petroleum underground storage tanks from certain parts of the regulations; provided, that such exemptions do not make the regulations less stringent than federal law and regulation; and
(11) Requirements for two (2) certification programs, one (1) for installers of and service providers for tank systems and one (1) for owners or operators of tanks, including, but not limited to, the qualifications, the testing procedure, any continuing education requirements, sanctions for failing to comply with the programs, and fees adequate to support the programs.
(g) (1) The commissioner or board shall approve the clean-up plan only if it assures that implementation of the plan will provide adequate protection of human health, safety, and the environment. In making this determination, the commissioner or board shall consider: (A) The physical and chemical characteristics of petroleum, including its toxicity, persistence, and potential for migration; (B) The hydrogeologic characteristics of the petroleum site and the surrounding land; (C) The proximity, quality, and current and future uses of groundwater; (D) An exposure assessment; and (E) The proximity, quality, and current and future uses of surface waters. (2) Upon approval of the clean-up plan, the owners and/or operators shall implement the plan and monitor, evaluate, and report the results of implementation, as required by the commissioner or board.
(1) The commissioner or board shall approve the clean-up plan only if it assures that implementation of the plan will provide adequate protection of human health, safety, and the environment. In making this determination, the commissioner or board shall consider: (A) The physical and chemical characteristics of petroleum, including its toxicity, persistence, and potential for migration; (B) The hydrogeologic characteristics of the petroleum site and the surrounding land; (C) The proximity, quality, and current and future uses of groundwater; (D) An exposure assessment; and (E) The proximity, quality, and current and future uses of surface waters.
(A) The physical and chemical characteristics of petroleum, including its toxicity, persistence, and potential for migration;
(B) The hydrogeologic characteristics of the petroleum site and the surrounding land;
(C) The proximity, quality, and current and future uses of groundwater;
(D) An exposure assessment; and
(E) The proximity, quality, and current and future uses of surface waters.
(2) Upon approval of the clean-up plan, the owners and/or operators shall implement the plan and monitor, evaluate, and report the results of implementation, as required by the commissioner or board.
Amended by 2015 Tenn. Acts, ch. 292, s 2, eff. 7/1/2015.
Acts 1988, ch. 984, § 9; 1990, ch. 855, § 4; T.C.A., § 68-53-107; Acts 2002, ch. 821, § 1; 2005, ch. 283, § 1; 2008 , ch. 794, §§ 2-5.
Tenn. Code Ann. § 68-211-814 — TN Code / Title 68 / Chapter 211 / Section 68-211-814
Municipal solid waste region plans - Authority of region or solid waste authority after approval
Status: in_force

(a) (1) Each region shall submit its plan to the department of environment and conservation by July 1, 1994. The plan shall be formulated in strict compliance with § 68-211-815 . After receiving a plan, the department shall approve or disapprove the plan within ninety (90) days. The department shall approve the plan if it adequately addresses each element required by § 68-211-815 . If a plan is disapproved, the department shall state in detail the reasons for such disapproval. The region shall review any disapproved plan and shall resubmit a plan which corrects all deficiencies to the department within sixty (60) days of receiving the letter of disapproval. (2) The plan may be revised at any time to reflect subsequent developments in the region. Each revised plan shall be submitted to, reviewed by and approved or disapproved by the department of environment and conservation in the same manner as the initial plan. (3) Each municipal solid waste region shall submit an annual progress report to the department covering the next ten (10) years that includes, at a minimum, the information contained in § 68-211-815(b) . (b) (1) (A) If the commissioner approves the plan, the region or solid waste authority, if one has been formed pursuant to part 9 of this chapter, by resolution and subsequent adoption of ordinances by counties and municipalities in the region, may also regulate the flow of collected municipal solid waste generated within the region. Prior to the adoption of any resolution declaring the necessity of requiring mandatory flow of municipal solid waste, the region or authority, following one (1) or more public hearings, shall demonstrate in writing to the commissioner that it has considered the utilization of any municipal solid waste management facility in existence within the region on July 1, 1991, which meets the proposed or final federal Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.), Subtitle D regulations. The region or authority must show that its decision not to use the existing facility is based on the fact that: (i) Such facility is environmentally unsound or inadequate to meet the region's ten-year capacity assurance plan; (ii) (a) Costs for the use of such facility are inconsistent with comparable facilities within the state; or (b) The existing facility is operating in a manner that is inconsistent with the plan; and (iii) The waste subject to flow control will be sent only to a facility or facilities that meet all state and federal regulations. (B) The region or authority may restrict access to any landfills and incinerators which dispose of municipal solid waste by excluding waste originating with persons or entities outside the region in order to effectuate the plan. If a facility within a region has accepted waste from a specific source outside the region prior to July 1, 1991, the region may not prohibit that facility from continuing to accept waste from that source, unless the facility's acceptance of that waste significantly impairs the region's ability to effectuate its plan. (C) Appeal of final actions of the region or authority, including any determinations under subdivision (b)(1), shall be taken by an aggrieved person within thirty (30) days to any chancery court in the region or authority which took such final action. (D) After the plan is approved, the region must approve any application for a permit for a solid waste disposal facility or incinerator within the region as is consistent with the region's disposal needs before any permit is issued by the commissioner pursuant to this chapter. (2) (A) An applicant for a permit for construction or expansion of a solid waste disposal facility or incinerator shall submit a copy of the application to the region at or before the time the application is submitted to the commissioner. The region shall review the application for compliance with this section, and shall conduct a public hearing after public notice has been given in accordance with title 8, chapter 44, prior to making the determination provided for in this subdivision (b)(2). The hearing must afford all interested persons an opportunity to submit written and oral comments, and the proceeding must be recorded and transcribed. The region shall render a decision on the application within ninety (90) days after receipt of a complete application. The region shall immediately notify the commissioner of its acceptance or rejection of an application. If no decision is rendered by the region on the application within ninety (90) days after receipt of a complete application, then the commissioner may continue processing of the application. (B) The region may reject an application for a new solid waste disposal facility or incinerator or expansion of an existing solid waste disposal facility or incinerator within the region only upon determining that the application is inconsistent with the solid waste management plan adopted by the county or region and approved by the department, and the region shall document in writing the specific grounds on which the application is inconsistent with such plan. (C) (i) Appeal of a final action of the region under this subdivision (b)(2) must be made by an aggrieved person within thirty (30) days to the chancery court of Davidson County. The court shall exercise the same review as it would in a case arising under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. For the purposes of this section, an "aggrieved person" is limited to a person applying for permits, a person who owns property or lives within a three-mile radius of the facility or site that is proposed for permitting, or cities or counties in which the proposed facility is located. (ii) A permit that is the subject of an appeal made to the chancery court of Davidson County within the time prescribed in subdivision (b)(2)(C) must not be: (a) Processed by the commissioner until there is a final adjudication of the appeal on the merits; or (b) Issued in contravention of the final adjudication on the merits. (D) If an aggrieved party does not appeal a final action of the region in accordance with subdivision (b)(2)(C), then the commissioner may issue the permit unless the commissioner finds that the decision of the region to reject the application is arbitrary and capricious and unsupported in the record developed before the region. (E) The region shall provide for reasonable public notice of meetings. The region is subject to title 10, chapter 7, part 5, and shall act in accordance with title 8, chapter 44. (3) If the region has formed a solid waste authority pursuant to part 9 of this chapter, then the authority shall approve any permit applications as provided for in this section instead of the region. (4) A region or solid waste authority may not impair the obligations of contracts entered into before the date of approval of the region's plan in violation of the Constitution of Tennessee, Article I, § 20. (5) A region or solid waste authority may not restrict the movement of recovered materials into, out of, or within the region. (6) Before submitting a plan required by this part, each municipal solid waste region shall hold a public hearing on the proposed plan or revised plan. Amended by 2022 Tenn. Acts, ch. 875, s 1, eff. 4/14/2022. Acts 1991, ch. 451, § 13; T.C.A., § 68-31-814; Acts 1993, ch. 523, § 4; 1996, ch. 846, §§ 14-18; 2004, ch. 783, § 2.
(a) (1) Each region shall submit its plan to the department of environment and conservation by July 1, 1994. The plan shall be formulated in strict compliance with § 68-211-815 . After receiving a plan, the department shall approve or disapprove the plan within ninety (90) days. The department shall approve the plan if it adequately addresses each element required by § 68-211-815 . If a plan is disapproved, the department shall state in detail the reasons for such disapproval. The region shall review any disapproved plan and shall resubmit a plan which corrects all deficiencies to the department within sixty (60) days of receiving the letter of disapproval. (2) The plan may be revised at any time to reflect subsequent developments in the region. Each revised plan shall be submitted to, reviewed by and approved or disapproved by the department of environment and conservation in the same manner as the initial plan. (3) Each municipal solid waste region shall submit an annual progress report to the department covering the next ten (10) years that includes, at a minimum, the information contained in § 68-211-815(b) .
(1) Each region shall submit its plan to the department of environment and conservation by July 1, 1994. The plan shall be formulated in strict compliance with § 68-211-815 . After receiving a plan, the department shall approve or disapprove the plan within ninety (90) days. The department shall approve the plan if it adequately addresses each element required by § 68-211-815 . If a plan is disapproved, the department shall state in detail the reasons for such disapproval. The region shall review any disapproved plan and shall resubmit a plan which corrects all deficiencies to the department within sixty (60) days of receiving the letter of disapproval.
(2) The plan may be revised at any time to reflect subsequent developments in the region. Each revised plan shall be submitted to, reviewed by and approved or disapproved by the department of environment and conservation in the same manner as the initial plan.
(3) Each municipal solid waste region shall submit an annual progress report to the department covering the next ten (10) years that includes, at a minimum, the information contained in § 68-211-815(b) .
(b) (1) (A) If the commissioner approves the plan, the region or solid waste authority, if one has been formed pursuant to part 9 of this chapter, by resolution and subsequent adoption of ordinances by counties and municipalities in the region, may also regulate the flow of collected municipal solid waste generated within the region. Prior to the adoption of any resolution declaring the necessity of requiring mandatory flow of municipal solid waste, the region or authority, following one (1) or more public hearings, shall demonstrate in writing to the commissioner that it has considered the utilization of any municipal solid waste management facility in existence within the region on July 1, 1991, which meets the proposed or final federal Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.), Subtitle D regulations. The region or authority must show that its decision not to use the existing facility is based on the fact that: (i) Such facility is environmentally unsound or inadequate to meet the region's ten-year capacity assurance plan; (ii) (a) Costs for the use of such facility are inconsistent with comparable facilities within the state; or (b) The existing facility is operating in a manner that is inconsistent with the plan; and (iii) The waste subject to flow control will be sent only to a facility or facilities that meet all state and federal regulations. (B) The region or authority may restrict access to any landfills and incinerators which dispose of municipal solid waste by excluding waste originating with persons or entities outside the region in order to effectuate the plan. If a facility within a region has accepted waste from a specific source outside the region prior to July 1, 1991, the region may not prohibit that facility from continuing to accept waste from that source, unless the facility's acceptance of that waste significantly impairs the region's ability to effectuate its plan. (C) Appeal of final actions of the region or authority, including any determinations under subdivision (b)(1), shall be taken by an aggrieved person within thirty (30) days to any chancery court in the region or authority which took such final action. (D) After the plan is approved, the region must approve any application for a permit for a solid waste disposal facility or incinerator within the region as is consistent with the region's disposal needs before any permit is issued by the commissioner pursuant to this chapter. (2) (A) An applicant for a permit for construction or expansion of a solid waste disposal facility or incinerator shall submit a copy of the application to the region at or before the time the application is submitted to the commissioner. The region shall review the application for compliance with this section, and shall conduct a public hearing after public notice has been given in accordance with title 8, chapter 44, prior to making the determination provided for in this subdivision (b)(2). The hearing must afford all interested persons an opportunity to submit written and oral comments, and the proceeding must be recorded and transcribed. The region shall render a decision on the application within ninety (90) days after receipt of a complete application. The region shall immediately notify the commissioner of its acceptance or rejection of an application. If no decision is rendered by the region on the application within ninety (90) days after receipt of a complete application, then the commissioner may continue processing of the application. (B) The region may reject an application for a new solid waste disposal facility or incinerator or expansion of an existing solid waste disposal facility or incinerator within the region only upon determining that the application is inconsistent with the solid waste management plan adopted by the county or region and approved by the department, and the region shall document in writing the specific grounds on which the application is inconsistent with such plan. (C) (i) Appeal of a final action of the region under this subdivision (b)(2) must be made by an aggrieved person within thirty (30) days to the chancery court of Davidson County. The court shall exercise the same review as it would in a case arising under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. For the purposes of this section, an "aggrieved person" is limited to a person applying for permits, a person who owns property or lives within a three-mile radius of the facility or site that is proposed for permitting, or cities or counties in which the proposed facility is located. (ii) A permit that is the subject of an appeal made to the chancery court of Davidson County within the time prescribed in subdivision (b)(2)(C) must not be: (a) Processed by the commissioner until there is a final adjudication of the appeal on the merits; or (b) Issued in contravention of the final adjudication on the merits. (D) If an aggrieved party does not appeal a final action of the region in accordance with subdivision (b)(2)(C), then the commissioner may issue the permit unless the commissioner finds that the decision of the region to reject the application is arbitrary and capricious and unsupported in the record developed before the region. (E) The region shall provide for reasonable public notice of meetings. The region is subject to title 10, chapter 7, part 5, and shall act in accordance with title 8, chapter 44. (3) If the region has formed a solid waste authority pursuant to part 9 of this chapter, then the authority shall approve any permit applications as provided for in this section instead of the region. (4) A region or solid waste authority may not impair the obligations of contracts entered into before the date of approval of the region's plan in violation of the Constitution of Tennessee, Article I, § 20. (5) A region or solid waste authority may not restrict the movement of recovered materials into, out of, or within the region. (6) Before submitting a plan required by this part, each municipal solid waste region shall hold a public hearing on the proposed plan or revised plan.
(1) (A) If the commissioner approves the plan, the region or solid waste authority, if one has been formed pursuant to part 9 of this chapter, by resolution and subsequent adoption of ordinances by counties and municipalities in the region, may also regulate the flow of collected municipal solid waste generated within the region. Prior to the adoption of any resolution declaring the necessity of requiring mandatory flow of municipal solid waste, the region or authority, following one (1) or more public hearings, shall demonstrate in writing to the commissioner that it has considered the utilization of any municipal solid waste management facility in existence within the region on July 1, 1991, which meets the proposed or final federal Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.), Subtitle D regulations. The region or authority must show that its decision not to use the existing facility is based on the fact that: (i) Such facility is environmentally unsound or inadequate to meet the region's ten-year capacity assurance plan; (ii) (a) Costs for the use of such facility are inconsistent with comparable facilities within the state; or (b) The existing facility is operating in a manner that is inconsistent with the plan; and (iii) The waste subject to flow control will be sent only to a facility or facilities that meet all state and federal regulations. (B) The region or authority may restrict access to any landfills and incinerators which dispose of municipal solid waste by excluding waste originating with persons or entities outside the region in order to effectuate the plan. If a facility within a region has accepted waste from a specific source outside the region prior to July 1, 1991, the region may not prohibit that facility from continuing to accept waste from that source, unless the facility's acceptance of that waste significantly impairs the region's ability to effectuate its plan. (C) Appeal of final actions of the region or authority, including any determinations under subdivision (b)(1), shall be taken by an aggrieved person within thirty (30) days to any chancery court in the region or authority which took such final action. (D) After the plan is approved, the region must approve any application for a permit for a solid waste disposal facility or incinerator within the region as is consistent with the region's disposal needs before any permit is issued by the commissioner pursuant to this chapter.
(A) If the commissioner approves the plan, the region or solid waste authority, if one has been formed pursuant to part 9 of this chapter, by resolution and subsequent adoption of ordinances by counties and municipalities in the region, may also regulate the flow of collected municipal solid waste generated within the region. Prior to the adoption of any resolution declaring the necessity of requiring mandatory flow of municipal solid waste, the region or authority, following one (1) or more public hearings, shall demonstrate in writing to the commissioner that it has considered the utilization of any municipal solid waste management facility in existence within the region on July 1, 1991, which meets the proposed or final federal Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.), Subtitle D regulations. The region or authority must show that its decision not to use the existing facility is based on the fact that: (i) Such facility is environmentally unsound or inadequate to meet the region's ten-year capacity assurance plan; (ii) (a) Costs for the use of such facility are inconsistent with comparable facilities within the state; or (b) The existing facility is operating in a manner that is inconsistent with the plan; and (iii) The waste subject to flow control will be sent only to a facility or facilities that meet all state and federal regulations.
(i) Such facility is environmentally unsound or inadequate to meet the region's ten-year capacity assurance plan;
(ii) (a) Costs for the use of such facility are inconsistent with comparable facilities within the state; or (b) The existing facility is operating in a manner that is inconsistent with the plan; and
(a) Costs for the use of such facility are inconsistent with comparable facilities within the state; or
(b) The existing facility is operating in a manner that is inconsistent with the plan; and
(iii) The waste subject to flow control will be sent only to a facility or facilities that meet all state and federal regulations.
(B) The region or authority may restrict access to any landfills and incinerators which dispose of municipal solid waste by excluding waste originating with persons or entities outside the region in order to effectuate the plan. If a facility within a region has accepted waste from a specific source outside the region prior to July 1, 1991, the region may not prohibit that facility from continuing to accept waste from that source, unless the facility's acceptance of that waste significantly impairs the region's ability to effectuate its plan.
(C) Appeal of final actions of the region or authority, including any determinations under subdivision (b)(1), shall be taken by an aggrieved person within thirty (30) days to any chancery court in the region or authority which took such final action.
(D) After the plan is approved, the region must approve any application for a permit for a solid waste disposal facility or incinerator within the region as is consistent with the region's disposal needs before any permit is issued by the commissioner pursuant to this chapter.
(2) (A) An applicant for a permit for construction or expansion of a solid waste disposal facility or incinerator shall submit a copy of the application to the region at or before the time the application is submitted to the commissioner. The region shall review the application for compliance with this section, and shall conduct a public hearing after public notice has been given in accordance with title 8, chapter 44, prior to making the determination provided for in this subdivision (b)(2). The hearing must afford all interested persons an opportunity to submit written and oral comments, and the proceeding must be recorded and transcribed. The region shall render a decision on the application within ninety (90) days after receipt of a complete application. The region shall immediately notify the commissioner of its acceptance or rejection of an application. If no decision is rendered by the region on the application within ninety (90) days after receipt of a complete application, then the commissioner may continue processing of the application. (B) The region may reject an application for a new solid waste disposal facility or incinerator or expansion of an existing solid waste disposal facility or incinerator within the region only upon determining that the application is inconsistent with the solid waste management plan adopted by the county or region and approved by the department, and the region shall document in writing the specific grounds on which the application is inconsistent with such plan. (C) (i) Appeal of a final action of the region under this subdivision (b)(2) must be made by an aggrieved person within thirty (30) days to the chancery court of Davidson County. The court shall exercise the same review as it would in a case arising under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. For the purposes of this section, an "aggrieved person" is limited to a person applying for permits, a person who owns property or lives within a three-mile radius of the facility or site that is proposed for permitting, or cities or counties in which the proposed facility is located. (ii) A permit that is the subject of an appeal made to the chancery court of Davidson County within the time prescribed in subdivision (b)(2)(C) must not be: (a) Processed by the commissioner until there is a final adjudication of the appeal on the merits; or (b) Issued in contravention of the final adjudication on the merits. (D) If an aggrieved party does not appeal a final action of the region in accordance with subdivision (b)(2)(C), then the commissioner may issue the permit unless the commissioner finds that the decision of the region to reject the application is arbitrary and capricious and unsupported in the record developed before the region. (E) The region shall provide for reasonable public notice of meetings. The region is subject to title 10, chapter 7, part 5, and shall act in accordance with title 8, chapter 44.
(A) An applicant for a permit for construction or expansion of a solid waste disposal facility or incinerator shall submit a copy of the application to the region at or before the time the application is submitted to the commissioner. The region shall review the application for compliance with this section, and shall conduct a public hearing after public notice has been given in accordance with title 8, chapter 44, prior to making the determination provided for in this subdivision (b)(2). The hearing must afford all interested persons an opportunity to submit written and oral comments, and the proceeding must be recorded and transcribed. The region shall render a decision on the application within ninety (90) days after receipt of a complete application. The region shall immediately notify the commissioner of its acceptance or rejection of an application. If no decision is rendered by the region on the application within ninety (90) days after receipt of a complete application, then the commissioner may continue processing of the application.
(B) The region may reject an application for a new solid waste disposal facility or incinerator or expansion of an existing solid waste disposal facility or incinerator within the region only upon determining that the application is inconsistent with the solid waste management plan adopted by the county or region and approved by the department, and the region shall document in writing the specific grounds on which the application is inconsistent with such plan.
(C) (i) Appeal of a final action of the region under this subdivision (b)(2) must be made by an aggrieved person within thirty (30) days to the chancery court of Davidson County. The court shall exercise the same review as it would in a case arising under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. For the purposes of this section, an "aggrieved person" is limited to a person applying for permits, a person who owns property or lives within a three-mile radius of the facility or site that is proposed for permitting, or cities or counties in which the proposed facility is located. (ii) A permit that is the subject of an appeal made to the chancery court of Davidson County within the time prescribed in subdivision (b)(2)(C) must not be: (a) Processed by the commissioner until there is a final adjudication of the appeal on the merits; or (b) Issued in contravention of the final adjudication on the merits.
(i) Appeal of a final action of the region under this subdivision (b)(2) must be made by an aggrieved person within thirty (30) days to the chancery court of Davidson County. The court shall exercise the same review as it would in a case arising under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. For the purposes of this section, an "aggrieved person" is limited to a person applying for permits, a person who owns property or lives within a three-mile radius of the facility or site that is proposed for permitting, or cities or counties in which the proposed facility is located.
(ii) A permit that is the subject of an appeal made to the chancery court of Davidson County within the time prescribed in subdivision (b)(2)(C) must not be: (a) Processed by the commissioner until there is a final adjudication of the appeal on the merits; or (b) Issued in contravention of the final adjudication on the merits.
(a) Processed by the commissioner until there is a final adjudication of the appeal on the merits; or
(b) Issued in contravention of the final adjudication on the merits.
(D) If an aggrieved party does not appeal a final action of the region in accordance with subdivision (b)(2)(C), then the commissioner may issue the permit unless the commissioner finds that the decision of the region to reject the application is arbitrary and capricious and unsupported in the record developed before the region.
(E) The region shall provide for reasonable public notice of meetings. The region is subject to title 10, chapter 7, part 5, and shall act in accordance with title 8, chapter 44.
(3) If the region has formed a solid waste authority pursuant to part 9 of this chapter, then the authority shall approve any permit applications as provided for in this section instead of the region.
(4) A region or solid waste authority may not impair the obligations of contracts entered into before the date of approval of the region's plan in violation of the Constitution of Tennessee, Article I, § 20.
(5) A region or solid waste authority may not restrict the movement of recovered materials into, out of, or within the region.
(6) Before submitting a plan required by this part, each municipal solid waste region shall hold a public hearing on the proposed plan or revised plan.
Amended by 2022 Tenn. Acts, ch. 875, s 1, eff. 4/14/2022.
Acts 1991, ch. 451, § 13; T.C.A., § 68-31-814; Acts 1993, ch. 523, § 4; 1996, ch. 846, §§ 14-18; 2004, ch. 783, § 2.
Tenn. Code Ann. § 68-211-824 — TN Code / Title 68 / Chapter 211 / Section 68-211-824
Matching grant assistance to establish or upgrade convenience centers
Status: in_force

From funds available in the solid waste management fund established by § 68-211-821 , the department shall offer matching grant assistance to counties for the purpose of establishing or upgrading convenience centers required by § 68-211-851 . Such grant funds may be applied to expenses for land, paving, fencing, shelters for attendants, containers and basic equipment including, but not limited to, balers, crushers, grinders and fencing. Such funds may also be applied to expenditures for developing and printing of operating manuals, but such funds may not be used for regular operating expenses of a recurring nature. The local share of the match shall be determined by the department, using an economic index promulgated by the board based upon factors which include, but are not limited to, per capita income and property values of the county applicant. Counties falling within the lower one-half (1/2) of the economic scale on the index shall be eligible for lower matching rates. The board shall promulgate regulations regarding the appropriate index and matching rates. Acts 1991, ch. 451, § 21; T.C.A., § 68-31-824; Acts 1992, ch. 693, § 24.
From funds available in the solid waste management fund established by § 68-211-821 , the department shall offer matching grant assistance to counties for the purpose of establishing or upgrading convenience centers required by § 68-211-851 . Such grant funds may be applied to expenses for land, paving, fencing, shelters for attendants, containers and basic equipment including, but not limited to, balers, crushers, grinders and fencing. Such funds may also be applied to expenditures for developing and printing of operating manuals, but such funds may not be used for regular operating expenses of a recurring nature. The local share of the match shall be determined by the department, using an economic index promulgated by the board based upon factors which include, but are not limited to, per capita income and property values of the county applicant. Counties falling within the lower one-half (1/2) of the economic scale on the index shall be eligible for lower matching rates. The board shall promulgate regulations regarding the appropriate index and matching rates.
Acts 1991, ch. 451, § 21; T.C.A., § 68-31-824; Acts 1992, ch. 693, § 24.
Tenn. Code Ann. § 68-201-104 — TN Code / Title 68 / Chapter 201 / Section 68-201-104
Creation of air pollution control board - Members - Meetings - Organization
Status: in_force

(a) There is created an agency to be known as the air pollution control board. (b) (1) The members of the board shall be the commissioner of environment and conservation, the commissioner of economic and community development, and twelve (12) other members who shall be appointed by the governor, as follows: (A) One (1) shall be a registered professional engineer as defined in title 62, chapter 2, who shall have at least five (5) years' experience in the field of air pollution control; (B) One (1) shall be a physician, licensed in compliance with title 63, chapter 6, who shall be experienced in the health effects of air contaminants; (C) One (1) shall be engaged in a field which is directly related to agriculture or conservation; (D) One (1) shall be actively engaged in the management of and with current full-time employment in a private manufacturing concern and have a college degree and eight (8) years' of combined technical training and experience in permit compliance for Title 5 or non-Title 5 sources for a manufacturing facility permitted in the state of Tennessee, and may be appointed from lists of qualified persons submitted by interested manufacturing groups, including, but not limited to, the Tennessee Chamber of Commerce and Industry; (E) One (1) shall be a county mayor or chief executive officer of a Tennessee county who may be appointed from lists of qualified persons submitted by interested county services groups, including, but not limited to, the Tennessee county services association; (F) One (1) shall be engaged in municipal government who may be appointed from lists of qualified persons submitted by interested municipal groups, including, but not limited to, the Tennessee Municipal League; (G) Two (2) shall be from Tennessee industry and with current full-time employment with a private manufacturing concern and have a college degree in engineering or equal and eight (8) years of combined technical training and experience in air pollution abatement for either a Title 5 permit holder or a non-Title 5 permitted source in the state of Tennessee, and may be appointed from lists of qualified persons submitted by interested manufacturing groups, including, but not limited to, the Tennessee Chamber of Commerce and Industry; (H) One (1) shall be involved in the program of an institute of higher learning in the state involved in the conducting of training in air pollution evaluation and control; (I) One (1) who may be appointed from lists of nominees submitted to the governor by interested conservation groups, including, but not limited to, the Tennessee Conservation League; (J) One (1) shall be a small generator of air pollution who may be appointed from lists of qualified persons submitted by interested automotive groups, including, but not limited to, the Tennessee Automotive Association; and (K) One (1) may be appointed from lists of qualified persons submitted by interested environmental groups, including, but not limited to, the Tennessee Environmental Council. (2) The governor shall consult with interested groups, including, but not limited to, the organizations listed in subdivision (b)(1) to determine qualified persons to fill positions on the board. (3) The twelve (12) appointed members' terms of office shall be four (4) years and until their successors are selected and qualified, except that the terms of those first appointed shall expire as follows: two (2) at the end of one (1) year after date of appointment, two (2) at the end of two (2) years after date of appointment, two (2) at the end of three (3) years after date of appointment, two (2) at the end of four (4) years after the date of appointment, and, of the two (2) appointed in 1970 pursuant to former subdivisions (b)(8) and (9), one (1) at the end of two (2) years after date of appointment and one (1) at the end of four (4) years after date of appointment as designated by the governor at the time of appointment. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. If a vacancy occurs, the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. Each member shall be reimbursed for travel in accordance with the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration. A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present. (c) The board shall hold at least two (2) regular meetings each calendar year at a place and time to be fixed by the board. The commissioner of environment and conservation shall be chair of the board and the board shall select at its first meeting one (1) of its members to serve as vice chair. At the first regular meeting in each calendar year thereafter, the vice chair for the ensuing year shall be selected from among the members of the board. The director of the air pollution control division or service of the department of environment and conservation shall be technical secretary of the board. The director shall receive no additional compensation for such services. Special meetings may be called by the chair or by three (3) members of the board upon delivery of written notice to the office of each member of the board. Eight (8) members of the board shall constitute a quorum, and a quorum may act for the board in all matters. The decision of a majority of a quorum shall be determinative of any question before the board except as otherwise specially provided in this part. Acts 1967, ch. 367, § 4; 1970, ch. 538, §§ 1, 2; 1971, ch. 108, § 1; 1971, ch. 362, §§ 4, 5; modified; impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 639, § 1; 1976, ch. 806, § 1(5); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 53-3411; Acts 1984, ch. 788, § 3; 1988, ch. 1013, § 66; T.C.A., § 68-25-104; Acts 1994, ch. 610, §§ 1-5; 1994, ch. 628, §§ 1, 2; 1995, ch. 501, § 2; 1996, ch. 728, §§ 1-3; 2003 , ch. 90, § 2; 2004, ch. 677, § 2; 2012 , ch. 765, §§ 3, 4.
(a) There is created an agency to be known as the air pollution control board.
(b) (1) The members of the board shall be the commissioner of environment and conservation, the commissioner of economic and community development, and twelve (12) other members who shall be appointed by the governor, as follows: (A) One (1) shall be a registered professional engineer as defined in title 62, chapter 2, who shall have at least five (5) years' experience in the field of air pollution control; (B) One (1) shall be a physician, licensed in compliance with title 63, chapter 6, who shall be experienced in the health effects of air contaminants; (C) One (1) shall be engaged in a field which is directly related to agriculture or conservation; (D) One (1) shall be actively engaged in the management of and with current full-time employment in a private manufacturing concern and have a college degree and eight (8) years' of combined technical training and experience in permit compliance for Title 5 or non-Title 5 sources for a manufacturing facility permitted in the state of Tennessee, and may be appointed from lists of qualified persons submitted by interested manufacturing groups, including, but not limited to, the Tennessee Chamber of Commerce and Industry; (E) One (1) shall be a county mayor or chief executive officer of a Tennessee county who may be appointed from lists of qualified persons submitted by interested county services groups, including, but not limited to, the Tennessee county services association; (F) One (1) shall be engaged in municipal government who may be appointed from lists of qualified persons submitted by interested municipal groups, including, but not limited to, the Tennessee Municipal League; (G) Two (2) shall be from Tennessee industry and with current full-time employment with a private manufacturing concern and have a college degree in engineering or equal and eight (8) years of combined technical training and experience in air pollution abatement for either a Title 5 permit holder or a non-Title 5 permitted source in the state of Tennessee, and may be appointed from lists of qualified persons submitted by interested manufacturing groups, including, but not limited to, the Tennessee Chamber of Commerce and Industry; (H) One (1) shall be involved in the program of an institute of higher learning in the state involved in the conducting of training in air pollution evaluation and control; (I) One (1) who may be appointed from lists of nominees submitted to the governor by interested conservation groups, including, but not limited to, the Tennessee Conservation League; (J) One (1) shall be a small generator of air pollution who may be appointed from lists of qualified persons submitted by interested automotive groups, including, but not limited to, the Tennessee Automotive Association; and (K) One (1) may be appointed from lists of qualified persons submitted by interested environmental groups, including, but not limited to, the Tennessee Environmental Council. (2) The governor shall consult with interested groups, including, but not limited to, the organizations listed in subdivision (b)(1) to determine qualified persons to fill positions on the board. (3) The twelve (12) appointed members' terms of office shall be four (4) years and until their successors are selected and qualified, except that the terms of those first appointed shall expire as follows: two (2) at the end of one (1) year after date of appointment, two (2) at the end of two (2) years after date of appointment, two (2) at the end of three (3) years after date of appointment, two (2) at the end of four (4) years after the date of appointment, and, of the two (2) appointed in 1970 pursuant to former subdivisions (b)(8) and (9), one (1) at the end of two (2) years after date of appointment and one (1) at the end of four (4) years after date of appointment as designated by the governor at the time of appointment. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. If a vacancy occurs, the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. Each member shall be reimbursed for travel in accordance with the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration. A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present.
(1) The members of the board shall be the commissioner of environment and conservation, the commissioner of economic and community development, and twelve (12) other members who shall be appointed by the governor, as follows: (A) One (1) shall be a registered professional engineer as defined in title 62, chapter 2, who shall have at least five (5) years' experience in the field of air pollution control; (B) One (1) shall be a physician, licensed in compliance with title 63, chapter 6, who shall be experienced in the health effects of air contaminants; (C) One (1) shall be engaged in a field which is directly related to agriculture or conservation; (D) One (1) shall be actively engaged in the management of and with current full-time employment in a private manufacturing concern and have a college degree and eight (8) years' of combined technical training and experience in permit compliance for Title 5 or non-Title 5 sources for a manufacturing facility permitted in the state of Tennessee, and may be appointed from lists of qualified persons submitted by interested manufacturing groups, including, but not limited to, the Tennessee Chamber of Commerce and Industry; (E) One (1) shall be a county mayor or chief executive officer of a Tennessee county who may be appointed from lists of qualified persons submitted by interested county services groups, including, but not limited to, the Tennessee county services association; (F) One (1) shall be engaged in municipal government who may be appointed from lists of qualified persons submitted by interested municipal groups, including, but not limited to, the Tennessee Municipal League; (G) Two (2) shall be from Tennessee industry and with current full-time employment with a private manufacturing concern and have a college degree in engineering or equal and eight (8) years of combined technical training and experience in air pollution abatement for either a Title 5 permit holder or a non-Title 5 permitted source in the state of Tennessee, and may be appointed from lists of qualified persons submitted by interested manufacturing groups, including, but not limited to, the Tennessee Chamber of Commerce and Industry; (H) One (1) shall be involved in the program of an institute of higher learning in the state involved in the conducting of training in air pollution evaluation and control; (I) One (1) who may be appointed from lists of nominees submitted to the governor by interested conservation groups, including, but not limited to, the Tennessee Conservation League; (J) One (1) shall be a small generator of air pollution who may be appointed from lists of qualified persons submitted by interested automotive groups, including, but not limited to, the Tennessee Automotive Association; and (K) One (1) may be appointed from lists of qualified persons submitted by interested environmental groups, including, but not limited to, the Tennessee Environmental Council.
(A) One (1) shall be a registered professional engineer as defined in title 62, chapter 2, who shall have at least five (5) years' experience in the field of air pollution control;
(B) One (1) shall be a physician, licensed in compliance with title 63, chapter 6, who shall be experienced in the health effects of air contaminants;
(C) One (1) shall be engaged in a field which is directly related to agriculture or conservation;
(D) One (1) shall be actively engaged in the management of and with current full-time employment in a private manufacturing concern and have a college degree and eight (8) years' of combined technical training and experience in permit compliance for Title 5 or non-Title 5 sources for a manufacturing facility permitted in the state of Tennessee, and may be appointed from lists of qualified persons submitted by interested manufacturing groups, including, but not limited to, the Tennessee Chamber of Commerce and Industry;
(E) One (1) shall be a county mayor or chief executive officer of a Tennessee county who may be appointed from lists of qualified persons submitted by interested county services groups, including, but not limited to, the Tennessee county services association;
(F) One (1) shall be engaged in municipal government who may be appointed from lists of qualified persons submitted by interested municipal groups, including, but not limited to, the Tennessee Municipal League;
(G) Two (2) shall be from Tennessee industry and with current full-time employment with a private manufacturing concern and have a college degree in engineering or equal and eight (8) years of combined technical training and experience in air pollution abatement for either a Title 5 permit holder or a non-Title 5 permitted source in the state of Tennessee, and may be appointed from lists of qualified persons submitted by interested manufacturing groups, including, but not limited to, the Tennessee Chamber of Commerce and Industry;
(H) One (1) shall be involved in the program of an institute of higher learning in the state involved in the conducting of training in air pollution evaluation and control;
(I) One (1) who may be appointed from lists of nominees submitted to the governor by interested conservation groups, including, but not limited to, the Tennessee Conservation League;
(J) One (1) shall be a small generator of air pollution who may be appointed from lists of qualified persons submitted by interested automotive groups, including, but not limited to, the Tennessee Automotive Association; and
(K) One (1) may be appointed from lists of qualified persons submitted by interested environmental groups, including, but not limited to, the Tennessee Environmental Council.
(2) The governor shall consult with interested groups, including, but not limited to, the organizations listed in subdivision (b)(1) to determine qualified persons to fill positions on the board.
(3) The twelve (12) appointed members' terms of office shall be four (4) years and until their successors are selected and qualified, except that the terms of those first appointed shall expire as follows: two (2) at the end of one (1) year after date of appointment, two (2) at the end of two (2) years after date of appointment, two (2) at the end of three (3) years after date of appointment, two (2) at the end of four (4) years after the date of appointment, and, of the two (2) appointed in 1970 pursuant to former subdivisions (b)(8) and (9), one (1) at the end of two (2) years after date of appointment and one (1) at the end of four (4) years after date of appointment as designated by the governor at the time of appointment. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. If a vacancy occurs, the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. Each member shall be reimbursed for travel in accordance with the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration. A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present.
(c) The board shall hold at least two (2) regular meetings each calendar year at a place and time to be fixed by the board. The commissioner of environment and conservation shall be chair of the board and the board shall select at its first meeting one (1) of its members to serve as vice chair. At the first regular meeting in each calendar year thereafter, the vice chair for the ensuing year shall be selected from among the members of the board. The director of the air pollution control division or service of the department of environment and conservation shall be technical secretary of the board. The director shall receive no additional compensation for such services. Special meetings may be called by the chair or by three (3) members of the board upon delivery of written notice to the office of each member of the board. Eight (8) members of the board shall constitute a quorum, and a quorum may act for the board in all matters. The decision of a majority of a quorum shall be determinative of any question before the board except as otherwise specially provided in this part.
Acts 1967, ch. 367, § 4; 1970, ch. 538, §§ 1, 2; 1971, ch. 108, § 1; 1971, ch. 362, §§ 4, 5; modified; impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 639, § 1; 1976, ch. 806, § 1(5); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 53-3411; Acts 1984, ch. 788, § 3; 1988, ch. 1013, § 66; T.C.A., § 68-25-104; Acts 1994, ch. 610, §§ 1-5; 1994, ch. 628, §§ 1, 2; 1995, ch. 501, § 2; 1996, ch. 728, §§ 1-3; 2003 , ch. 90, § 2; 2004, ch. 677, § 2; 2012 , ch. 765, §§ 3, 4.
Tenn. Code Ann. § 68-216-102 — TN Code / Title 68 / Chapter 216 / Section 68-216-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil; (2) "Discharge" means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (3) "Federal on-scene coordinator" means the federal official designated by the lead agency or predesignated by the environmental protection agency (EPA) or the coast guard to coordinate and direct responses under the National Contingency Plan; (4) "National Contingency Plan" means the National Contingency Plan prepared and published under § 311(d) of the federal Water Pollution Control Act ( 33 U.S.C. § 1321(d) ), as amended by the Oil Pollution Act of 1990, (101 P.L. 380, 104 Stat. 484) ( 33 U.S.C. § 2701 et seq.); (5) "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; (6) "Person" means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body; (7) "Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident; (8) "Remove" or "removal" means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; and (9) "Responsible party" means a responsible party as defined under § 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. § 2701 ). Acts 1995, ch. 44, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;
(2) "Discharge" means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(3) "Federal on-scene coordinator" means the federal official designated by the lead agency or predesignated by the environmental protection agency (EPA) or the coast guard to coordinate and direct responses under the National Contingency Plan;
(4) "National Contingency Plan" means the National Contingency Plan prepared and published under § 311(d) of the federal Water Pollution Control Act ( 33 U.S.C. § 1321(d) ), as amended by the Oil Pollution Act of 1990, (101 P.L. 380, 104 Stat. 484) ( 33 U.S.C. § 2701 et seq.);
(5) "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
(6) "Person" means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body;
(7) "Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident;
(8) "Remove" or "removal" means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; and
(9) "Responsible party" means a responsible party as defined under § 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. § 2701 ).
Acts 1995, ch. 44, § 2.
Tenn. Code Ann. § 68-211-608 — TN Code / Title 68 / Chapter 211 / Section 68-211-608
Automobile batteries - Incineration or disposal - Lead-acid batteries - Trade-ins on retail sales
Status: in_force

(a) It is illegal for any incinerator or landfill in the state of Tennessee to accept automobile batteries for incineration or disposal. (b) (1) When a retailer sells lead-acid batteries, the retailer shall accept used lead-acid batteries as trade-in batteries. (2) For the purposes of this subsection (b), "retailer" does not include a person who sells articles of personal property of which a lead-acid battery is a component part. Acts 1989, ch. 250, § 8; 1991, ch. 451, § 37; T.C.A., § 68-31-608.
(a) It is illegal for any incinerator or landfill in the state of Tennessee to accept automobile batteries for incineration or disposal.
(b) (1) When a retailer sells lead-acid batteries, the retailer shall accept used lead-acid batteries as trade-in batteries. (2) For the purposes of this subsection (b), "retailer" does not include a person who sells articles of personal property of which a lead-acid battery is a component part.
(1) When a retailer sells lead-acid batteries, the retailer shall accept used lead-acid batteries as trade-in batteries.
(2) For the purposes of this subsection (b), "retailer" does not include a person who sells articles of personal property of which a lead-acid battery is a component part.
Acts 1989, ch. 250, § 8; 1991, ch. 451, § 37; T.C.A., § 68-31-608.
Tenn. Code Ann. § 68-202-202 — TN Code / Title 68 / Chapter 202 / Section 68-202-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "By-product material" refers to any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (2) "Commissioner" means the commissioner of environment and conservation or the commissioner's designated representative; (3) "Department" refers to the department of environment and conservation; (4) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government; (5) "Radiation" includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and X-rays; alpha and beta particles; electrons, neutrons, and protons; and other nuclear particles, but not radio waves or visible, infrared or ultraviolet light; (6) "Radiation machine" refers to apparatus which produces or may produce when the associated controls are operated, one (1) or more forms of radiation; (7) "Radiation source" includes material which emits radiation spontaneously, or apparatus which produces, or may produce when the associated controls are operated, one (1) or more forms of radiation; (8) "Radioactive material" refers to any material, solid, liquid, or gas, which emits radiation spontaneously; (9) (A) "Source material" means: (i) Uranium or thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores which contain by weight one-twentieth of one percent (0.05%) or more of: (a) Uranium; (b) Thorium; or (c) Any combinations thereof; (B) "Source material" does not include special nuclear material; and (10) "Special nuclear material" means uranium enriched in the isotope U-235 in quantities not exceeding three hundred fifty (350) grams of contained U-235, U-233 in quantities not exceeding two hundred (200) grams, plutonium in quantities not exceeding two hundred (200) grams; or any combination of them in accordance with the following formula: for each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear material in combination shall not exceed "1." Acts 1959, ch. 66, § 2; 1971, ch. 42, §§ 1-6; 1982, ch. 693, § 1; T.C.A., § 53-3302; Acts 1986, ch. 569, § 6; T.C.A., § 68-23-202.
As used in this part, unless the context otherwise requires:
(1) "By-product material" refers to any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2) "Commissioner" means the commissioner of environment and conservation or the commissioner's designated representative;
(3) "Department" refers to the department of environment and conservation;
(4) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government;
(5) "Radiation" includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and X-rays; alpha and beta particles; electrons, neutrons, and protons; and other nuclear particles, but not radio waves or visible, infrared or ultraviolet light;
(6) "Radiation machine" refers to apparatus which produces or may produce when the associated controls are operated, one (1) or more forms of radiation;
(7) "Radiation source" includes material which emits radiation spontaneously, or apparatus which produces, or may produce when the associated controls are operated, one (1) or more forms of radiation;
(8) "Radioactive material" refers to any material, solid, liquid, or gas, which emits radiation spontaneously;
(9) (A) "Source material" means: (i) Uranium or thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores which contain by weight one-twentieth of one percent (0.05%) or more of: (a) Uranium; (b) Thorium; or (c) Any combinations thereof; (B) "Source material" does not include special nuclear material; and
(A) "Source material" means: (i) Uranium or thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores which contain by weight one-twentieth of one percent (0.05%) or more of: (a) Uranium; (b) Thorium; or (c) Any combinations thereof;
(i) Uranium or thorium, or any combination thereof, in any physical or chemical form; or
(ii) Ores which contain by weight one-twentieth of one percent (0.05%) or more of: (a) Uranium; (b) Thorium; or (c) Any combinations thereof;
(a) Uranium;
(b) Thorium; or
(c) Any combinations thereof;
(B) "Source material" does not include special nuclear material; and
(10) "Special nuclear material" means uranium enriched in the isotope U-235 in quantities not exceeding three hundred fifty (350) grams of contained U-235, U-233 in quantities not exceeding two hundred (200) grams, plutonium in quantities not exceeding two hundred (200) grams; or any combination of them in accordance with the following formula: for each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear material in combination shall not exceed "1."
Acts 1959, ch. 66, § 2; 1971, ch. 42, §§ 1-6; 1982, ch. 693, § 1; T.C.A., § 53-3302; Acts 1986, ch. 569, § 6; T.C.A., § 68-23-202.
Tenn. Code Ann. § 68-215-125 — TN Code / Title 68 / Chapter 215 / Section 68-215-125
Fund not deemed to be insurance
Status: in_force

Notwithstanding any other law to the contrary, the petroleum underground storage tank fund shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of or be entitled to claim against the Tennessee insurance guaranty association created under title 56, chapter 12. Acts 1988, ch. 984, § 27; T.C.A., § 68-53-125.
Notwithstanding any other law to the contrary, the petroleum underground storage tank fund shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of or be entitled to claim against the Tennessee insurance guaranty association created under title 56, chapter 12.
Acts 1988, ch. 984, § 27; T.C.A., § 68-53-125.
Tenn. Code Ann. § 68-217-109 — TN Code / Title 68 / Chapter 217 / Section 68-217-109
Administrative costs
Status: in_force

The fund shall be available to the commissioner for reasonable administrative expenditures associated with administering the fund. Amended by 2014 Tenn. Acts, ch. 976,s 10, eff. 5/22/2014. Acts 1995, ch. 541, § 9.
The fund shall be available to the commissioner for reasonable administrative expenditures associated with administering the fund.
Amended by 2014 Tenn. Acts, ch. 976,s 10, eff. 5/22/2014.
Acts 1995, ch. 541, § 9.
Tenn. Code Ann. § 68-211-604 — TN Code / Title 68 / Chapter 211 / Section 68-211-604
Content of plans - Means of reducing solid wastes
Status: in_force

(a) The state plan shall establish goals for reduction of solid wastes which are disposed of by landfilling. (b) In order to attain such goals, each plan shall: (1) Identify needed facilities, services and programs (both for-profit and not-for-profit) for solid waste management and management of recycling at the regional level or multi-jurisdictional areas at the subregional level. Facilities, services, and programs to be considered shall include regional landfills or resource recovery facilities, or both, supported by coordinated regional services and programs of mulching, composting, recycling, or other methods of waste reduction; (2) Set forth plans and strategies for funding, implementation and operation of the various planned facilities, services, and programs; (3) Provide appropriate guidelines for development of recycling plans by municipalities and counties which are economically and technically feasible and which are consistent with market demand for recyclable material; (4) Provide municipalities and counties with strategies for funding their solid waste management plans; and (5) Provide for the use of any other method of waste reduction and any other waste reduction technology deemed appropriate by the local governments involved. Acts 1989, ch. 250, § 4; T.C.A., § 68-31-604.
(a) The state plan shall establish goals for reduction of solid wastes which are disposed of by landfilling.
(b) In order to attain such goals, each plan shall: (1) Identify needed facilities, services and programs (both for-profit and not-for-profit) for solid waste management and management of recycling at the regional level or multi-jurisdictional areas at the subregional level. Facilities, services, and programs to be considered shall include regional landfills or resource recovery facilities, or both, supported by coordinated regional services and programs of mulching, composting, recycling, or other methods of waste reduction; (2) Set forth plans and strategies for funding, implementation and operation of the various planned facilities, services, and programs; (3) Provide appropriate guidelines for development of recycling plans by municipalities and counties which are economically and technically feasible and which are consistent with market demand for recyclable material; (4) Provide municipalities and counties with strategies for funding their solid waste management plans; and (5) Provide for the use of any other method of waste reduction and any other waste reduction technology deemed appropriate by the local governments involved.
(1) Identify needed facilities, services and programs (both for-profit and not-for-profit) for solid waste management and management of recycling at the regional level or multi-jurisdictional areas at the subregional level. Facilities, services, and programs to be considered shall include regional landfills or resource recovery facilities, or both, supported by coordinated regional services and programs of mulching, composting, recycling, or other methods of waste reduction;
(2) Set forth plans and strategies for funding, implementation and operation of the various planned facilities, services, and programs;
(3) Provide appropriate guidelines for development of recycling plans by municipalities and counties which are economically and technically feasible and which are consistent with market demand for recyclable material;
(4) Provide municipalities and counties with strategies for funding their solid waste management plans; and
(5) Provide for the use of any other method of waste reduction and any other waste reduction technology deemed appropriate by the local governments involved.
Acts 1989, ch. 250, § 4; T.C.A., § 68-31-604.
Tenn. Code Ann. § 68-215-114 — TN Code / Title 68 / Chapter 215 / Section 68-215-114
Order for correction - Liability
Status: in_force

(a) When the commissioner finds upon investigation that any provisions of this chapter are not being carried out, and that effective measures are not being taken to comply with this chapter, the commissioner may issue an order for correction to the responsible party, and this order shall be complied with within the time limit specified in the order. The commissioner may issue an order to a responsible party to close the UST system under its ownership or control or use the petroleum underground storage tank fund to permanently close the UST system and seek cost recovery if the commissioner determines: (1) That the tank system has not been brought into compliance within six (6) months of being prohibited from receiving petroleum pursuant to § 68-215-106(c) ; or (2) That all fees, penalties, and interest have not been paid on a tank at the time tank fees for the following year are payable. (b) Such order shall be made by personal service or shall be sent by certified mail. Investigations made in accordance with this section may be made on the initiative of the commissioner, including any violation of this chapter or regulations promulgated pursuant to this chapter. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of an alleged violator of this chapter to a meeting to show cause why enforcement action ought not be taken by the department. Any person may request a meeting with the department to discuss matters pertaining to petroleum underground storage tanks. (c) Responsible parties shall be liable to the state for costs of investigation, identification, containment and cleanup, including monitoring and maintenance, as provided in this chapter. Owners and/or operators of petroleum underground storage tanks with respect to releases eligible for fund reimbursement shall be liable for all costs not covered by the fund. Petroleum site owners with respect to releases eligible for fund reimbursement shall be secondarily liable for all costs not covered by the fund. All other owners and/or operators of petroleum underground storage tanks and petroleum site owners shall be liable for all costs, as provided in this chapter. Notwithstanding the foregoing, nothing in this section shall prevent the reimbursement of expenditures for investigation, identification, containment and cleanup, including monitoring and maintenance incurred by tank owners and operators or petroleum site owners pursuant to § 68-215-111 . Acts 1988, ch. 984, § 16; T.C.A., § 68-53-114; Acts 2010 , ch. 903, § 4.
(a) When the commissioner finds upon investigation that any provisions of this chapter are not being carried out, and that effective measures are not being taken to comply with this chapter, the commissioner may issue an order for correction to the responsible party, and this order shall be complied with within the time limit specified in the order. The commissioner may issue an order to a responsible party to close the UST system under its ownership or control or use the petroleum underground storage tank fund to permanently close the UST system and seek cost recovery if the commissioner determines: (1) That the tank system has not been brought into compliance within six (6) months of being prohibited from receiving petroleum pursuant to § 68-215-106(c) ; or (2) That all fees, penalties, and interest have not been paid on a tank at the time tank fees for the following year are payable.
(1) That the tank system has not been brought into compliance within six (6) months of being prohibited from receiving petroleum pursuant to § 68-215-106(c) ; or
(2) That all fees, penalties, and interest have not been paid on a tank at the time tank fees for the following year are payable.
(b) Such order shall be made by personal service or shall be sent by certified mail. Investigations made in accordance with this section may be made on the initiative of the commissioner, including any violation of this chapter or regulations promulgated pursuant to this chapter. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of an alleged violator of this chapter to a meeting to show cause why enforcement action ought not be taken by the department. Any person may request a meeting with the department to discuss matters pertaining to petroleum underground storage tanks.
(c) Responsible parties shall be liable to the state for costs of investigation, identification, containment and cleanup, including monitoring and maintenance, as provided in this chapter. Owners and/or operators of petroleum underground storage tanks with respect to releases eligible for fund reimbursement shall be liable for all costs not covered by the fund. Petroleum site owners with respect to releases eligible for fund reimbursement shall be secondarily liable for all costs not covered by the fund. All other owners and/or operators of petroleum underground storage tanks and petroleum site owners shall be liable for all costs, as provided in this chapter. Notwithstanding the foregoing, nothing in this section shall prevent the reimbursement of expenditures for investigation, identification, containment and cleanup, including monitoring and maintenance incurred by tank owners and operators or petroleum site owners pursuant to § 68-215-111 .
Acts 1988, ch. 984, § 16; T.C.A., § 68-53-114; Acts 2010 , ch. 903, § 4.