reglab/housing_qa huggingface dataset:
TN Code § 68-212-110 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 1 - Tennessee Hazardous Waste Management Act of 1977|§ 68-212-110. Fees — Consequences of Failure to Pay

  The board shall establish a schedule of fees for hazardous waste generators, hazardous waste transporters, operators of hazardous waste transfer facilities; applicants and holders of permits for the storage, reclamation, treatment or disposal of hazardous waste; and for the generation, storage, transportation, reclamation or treatment of those hazardous secondary materials that, if discarded, would be identified as spent materials, listed by-products or listed sludges. The board shall not establish fees for those hazardous secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process; provided, that only tank storage is involved and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance. To establish an incentive to minimize risk to public health and the environment, the board shall consider the following factors in establishing the fees:  Off-site versus on-site facility;   Facility design capacity; and   Storage or treatment operation versus disposal operation.     Expenditures of such fees collected shall be restricted to operations of the hazardous waste management program established pursuant to this part.   Upon failure or refusal of an operator of a facility, transporter, or generator to pay a fee lawfully levied within a reasonable time allowed by the commissioner, the commissioner then may apply to a court of competent jurisdiction for a judgment and seek execution of such judgment.   Failure of a permit applicant to pay the required fee shall constitute grounds for denial of a permit. Failure of a permittee to pay the required annual fee shall constitute grounds for revocation of the permittee's permit.   If any part of any fee imposed under this part is not paid on or before its due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the last day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto; however, the total of the penalties and interest that accrue pursuant to this section shall not exceed three (3) times the amount of the original fee. At the commissioner's sole discretion, the commissioner may reduce the penalties that otherwise accrue pursuant to this section or chapter 203 of this title if, in the commissioner's opinion, the failure to pay fees was due to inadvertent error or excusable neglect; however, in no event shall the penalties be reduced to an amount less than ten percent (10%) per annum, plus statutory interest. Nothing in this section shall be construed as requiring the issuance of a commissioner's order for the payment of a fee or a late payment penalty.
TN Code § 68-212-111 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 1 - Tennessee Hazardous Waste Management Act of 1977|§ 68-212-111. Order for Correction of Deficiencies

  When the commissioner finds upon investigation that any provisions of this part are not being carried out, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or shall be sent by certified mail, return receipt requested. Investigations made in accordance with this section may be made on the initiative of the commissioner or board. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of the alleged violator of this part at a meeting to show cause why enforcement action ought not to be taken by the department.   Whenever the commissioner finds that any person is engaging in an unauthorized activity which is endangering or causing damage to the public health or environment, the commissioner may, without prior notice, issue an order reciting the existence of such unauthorized activity and requiring that such action be taken as the commissioner deems necessary.
TN Code § 68-212-115 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 1 - Tennessee Hazardous Waste Management Act of 1977|§ 68-212-115. Injunctions

 In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, permits, rules or regulations issued by the commissioner or the board to carry out this part by instituting legal proceedings to enjoin the actual or threatened violations of this part, and the orders, permits, rules or regulations of the commissioner or orders of the board in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the actual or threatened violations has or is about to occur, in the name of the department, by a staff attorney and under the supervision of the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury.
TN Code § 68-212-116 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 1 - Tennessee Hazardous Waste Management Act of 1977|§ 68-212-116. [reserved.]

  Any person may file with the commissioner or board a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and shall notify the alleged violator of what action, if any, the commissioner or board will take. In all cases, the commissioner or board shall notify the complainant of the commissioner's or board's action or determination within ninety (90) days from the date of the commissioner's or board's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's or board's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner or board. If the commissioner fails to take the action stated in such notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. When such an appeal is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-212-113(b). The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing the complaint.   Where the complaint is upheld, the board may order the party named in the complaint to pay the attorney fees of the complainant, if there was an aggravated violation.   The board, department, its officials and employees acting in their official capacity shall not be considered “persons” pursuant to this section.
TN Code § 68-212-118 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 1 - Tennessee Hazardous Waste Management Act of 1977|§ 68-212-118. Reports Evaluating Regulatory Program

 Annually, no later than December 1, the board and the commissioner shall submit a written report to the speakers of both houses of the general assembly evaluating all aspects of the performance of the hazardous waste regulatory program during the prior calendar year. The annual report must include, but not necessarily be limited to, the following data:   The number and type of hazardous waste handlers permitted and/or registered by the commissioner;   A list of hazardous waste generators, transporters, and disposal facilities in Tennessee;   Fees due, paid, and past due;   The amount of hazardous wastewater and other hazardous waste generated or handled in Tennessee, including the amount shipped into Tennessee from other states and the amounts shipped from Tennessee to other states;   The number of permit applications received, granted, requested, and pending, by type;   The number and type of enforcement actions in process and initiated during the reporting period; and   Any recommendations for legislative action to improve the hazardous waste regulatory program.
TN Code § 68-212-119 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 1 - Tennessee Hazardous Waste Management Act of 1977|§ 68-212-119. Interstate Agreements — Governor's Authority

 Subject to any necessary appropriation by the general assembly, the governor is authorized to enter into one (1) or more interstate agreements governing the import and export of hazardous waste between this state and other states as may be required by the Comprehensive Environmental Response, Compensation and Liability Act, § 104(c)(9), which is codified in 42 U.S.C. § 9604(c)(9).
TN Code § 68-212-120 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 1 - Tennessee Hazardous Waste Management Act of 1977|§ 68-212-120. No Permits for Landfills Violating § 11-13-111

 No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate § 11-13-111.
TN Code § 68-212-121 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 1 - Tennessee Hazardous Waste Management Act of 1977|§ 68-212-121. Employer's Liability for Employee's Motor Vehicle Accidents Involving Hazardous Wastes or Substances

 If any person who is driving on a Tennessee road, highway, interstate or other thoroughfare or rightfully in physical control of any motor vehicle containing a hazardous waste or hazardous substance as defined in § 68-131-102 is adjudicated to have been at fault in a court of competent jurisdiction for an accident resulting in a spill of such hazardous waste or hazardous substance, the employer of such person shall be jointly and severally responsible for damages incurred as a result of the spill, and any reasonable clean-up costs incurred by the governmental agency or the state or any political subdivision thereunder, which may result from the spill. In the event of a dispute concerning the reasonableness of assessed clean-up costs or damages, a court of competent jurisdiction shall determine the reasonableness of such costs and damages.
TN Code § 68-212-201 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-201. Legislative Intent

  In order to protect the public health, safety and welfare, and to provide a coordinated statewide hazardous substance management program, it is declared to be the policy of the state of Tennessee to:  Provide a procedure for establishing appropriate sites for the treatment, storage and disposal of hazardous wastes; provided, that such procedures shall not be construed as a state override of local government jurisdiction;   Provide funding for the operation of certain hazardous substance management programs by the state;   Emphasize alternatives to land disposal of hazardous wastes, as is practicable;   Provide for remedial action at certain inactive hazardous substance sites within the state; and   Develop a comprehensive plan for hazardous substance site containment and clean up and to develop criteria for establishment of commercial facilities which qualify local governments to receive funds from the responsible waste disposal incentive fund.     The general assembly declares that it is the policy of this state that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless generated should, in order of priority, be reduced at its source, recovered and reused, recycled, treated, or disposed of so as to minimize the present and future threat to human health and the environment.
TN Code § 68-212-204 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-204. Hazardous Waste Remedial Action Fund

  There is established within the general fund a special agency account to be known as the “hazardous waste remedial action fund,” hereinafter referred to as the “fund.”   Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with this part.   Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.   All fees, civil penalties and fines collected pursuant to this part shall be deposited in the fund; provided, that no fees collected pursuant to § 68-212-110 shall be deposited in the fund.   All funds received by the state pursuant to § 3012 of the Resource Conservation and Recovery Act (RCRA), codified in 42 U.S.C. § 6933, shall be deposited in the fund.
TN Code § 68-212-208 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-208. Authority of Counties

  The county mayor and four (4) members of the county legislative body appointed by the county mayor of the county in which any commercial facility is located may accompany the department upon any site investigation or monitoring inspection.   The county legislative body of the county in which any commercial facility is located may, by a majority vote of the members to which it is entitled, require that independent monitoring tests be conducted. Such tests shall be conducted by a laboratory which is certified to conduct tests for safe drinking water by the department or the federal environmental protection agency (EPA) under the authority of the Safe Drinking Water Act. All such tests shall be paid for by such county.
TN Code § 68-212-210 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-210. Funds for Responsible Waste Disposal

  The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish eligibility requirements for a local government to receive funds, if any, appropriated by the general assembly in the general appropriations act to encourage responsible waste disposal.   At a minimum, for a local government to be eligible to receive such funds, the commercial facility must be located within the jurisdiction of such local government, such facility must have a permit to operate pursuant to § 68-212-108, such facility must be constructed and operational and the following standards must be met:  The facility is multi-purpose with both land disposal capability and facilities for advanced technology, high-temperature thermal treatment;   The facility has a minimum design capacity to operate for twenty (20) years;   The facility is operated pursuant to part 1 of this chapter; and   The local government with jurisdiction over the facility does not have any zoning requirement, subdivision regulation, ordinance, regulation or other provision of law which is more stringent than state law regarding the location and operation of the facility.     If the facility is located in the jurisdiction of more than one (1) local government, the money shall be apportioned between the eligible governments.   Twenty-five percent (25%) of the funds distributed to the local government shall be earmarked for conducting tests pursuant to § 68-212-208 and for monitoring, assessing, and abating health risks and hazards associated with the commercial facility.
TN Code § 68-212-211 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-211. Local Government Fees — State Hazardous Waste Management Fee

  Any local government which has received the funds deposited in the responsible waste disposal incentive fund pursuant to § 68-212-210 may levy an additional fee on the disposal of hazardous wastes disposed of at the facility within its jurisdiction not to exceed the following:  Five dollars ($5.00) per ton on the land disposal of hazardous wastes; and   Two dollars and fifty cents ($2.50) per ton on the treatment of such wastes.     In addition to such local government fees, the board shall levy a state hazardous waste management fee on such commercial facility in a sum sufficient to replace the fees levied and appropriations made pursuant to § 68-212-203. Such fees shall be structured to encourage the treatment, reduction and reclamation of hazardous wastes. At such time as such state fees are levied, all fees levied pursuant to § 68-212-203 shall be rescinded and the obligation to pay such fees shall cease to exist.   All fees levied pursuant to this section shall be paid quarterly by the owner or operator of the commercial facility to the department of revenue. Such department shall remit the local government fee to the county in which such facility is located and shall deposit the state fee in the fund. The board shall adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governing the collection of such fees and the records required to be maintained by such facility.
TN Code § 68-212-212 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-212. Annual Reports — Public Hearings — Toll-Free Number — Notice to Register of Deeds Regarding Sites, Containment and Cleanup

  No later than January 1 of every year, the commissioner shall submit to the speakers of both houses of the general assembly and to the state library and archives a report documenting the expenditure of all funds expended from the hazardous waste remedial action fund during the previous fiscal year.   The department shall conduct a public hearing in each grand division of the state annually to receive comments from the public regarding expenditures from the hazardous waste remedial action fund.   The department shall maintain a toll-free number which may be utilized by citizens living anywhere in the state to report to the commissioner any problems caused by hazardous substances.   The commissioner shall notify the register of deeds in each county in which property has been placed on the list of inactive hazardous substance sites. The register shall record a notice that the property has been so listed. If the commissioner later determines that no further investigation, containment or cleanup is indicated at a listed site, the commissioner shall file a statement of this determination in the office of the register of deeds of the county in which the property lies. Upon receipt of any such statement, the register shall record the same. If containment or cleanup of hazardous substances occurs on a listed site, the commissioner shall notify the register of deeds of such containment and cleanup and the register shall record the same.
TN Code § 68-212-213 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-213. Violations — Criminal and Civil Penalties

  Any person who:  Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225;   Fails to pay the fees authorized by this part;   Fails to file any reports, records or documents required pursuant to this part;   Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part;   Fails to provide information requested by the commissioner in the administration of this part; or   Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part;  commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.      In assessing a civil penalty, the following factors may be considered:  The harm done to the public health or the environment;   The economic benefit gained by the violators;   The amount of effort put forth by the violator to obtain compliance; and   Any unusual or extraordinary enforcement costs incurred by the commissioner.
TN Code § 68-212-214 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-214. Jurisdiction for Civil Proceedings

 The jurisdiction for all civil proceedings under this part shall be in the chancery court of Davidson County.
TN Code § 68-212-216 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-216. Right of Entry by Commissioner — Penalties

  The commissioner or the commissioner's designee has the right to enter any place where hazardous substances or substances which may be hazardous are, or may have been generated, stored, transported, treated, disposed of, or otherwise handled. The commissioner has the right to enter any other property which must be entered in order to reach the hazardous substance site.   Any entry by the commissioner for activities authorized in this section shall be construed as an exercise of police power and shall not be construed as an act of condemnation of property or of trespass.   Any person who refuses entry to the commissioner for activities authorized in this section shall be subject to a fine of up to one thousand dollars ($1,000). In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000), as described in § 68-212-213.   Each refusal of entry or act preventing sample collection shall constitute a separate offense.
TN Code § 68-212-217 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 212 - Hazardous Waste Management|Part 2 - Hazardous Waste Management Act of 1983|§ 68-212-217. Landfill Permits — Public Hearings

 The board, by rules and regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall develop a procedure for public hearings and comment to be conducted in conjunction with the granting of permits pursuant to § 68-212-108 for a commercial landfill facility for the disposal of hazardous wastes. Information concerning facilities to be permitted shall be available to the public upon request if not designated as proprietary pursuant to § 68-212-109. The information and testimony presented by the public shall be considered by the commissioner and the board prior to granting a permit.