reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-216 - Right of entry by commissioner - Penalties

(a)
The commissioner or the commissioner's designee has the right to enter any place where hazardous substances or substances which may be hazardous are, or may have been generated, stored, transported, treated, disposed of, or otherwise handled. The commissioner has the right to enter any other property which must be entered in order to reach the hazardous substance site.
(b)
Any entry by the commissioner for activities authorized in this section shall be construed as an exercise of police power and shall not be construed as an act of condemnation of property or of trespass.
(c)
Any person who refuses entry to the commissioner for activities authorized in this section shall be subject to a fine of up to one thousand dollars ($1,000). In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000), as described in §
68-212-213
.
(d)
Each refusal of entry or act preventing sample collection shall constitute a separate offense.
Acts 1983, ch. 423, § 16; 1986, ch. 644, § 19; T.C.A., § 68-46-216.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 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.
Acts 1983, ch. 423, § 17; T.C.A., § 68-46-217.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-218 - Landfill permits - Denial for past convictions

No permit for a commercial landfill facility for disposal of hazardous wastes shall be issued pursuant to §
68-212-108
if:
(1)
Any person who is the legal or beneficial owner of ten percent (10%) or more of the stock of the company or corporation applying for such permit has been convicted of any felony or has been convicted of a misdemeanor for the unlawful storage, treatment or disposal of hazardous wastes; or
(2)
Any employee of the company or corporation applying for such permit has been convicted of any felony or has been convicted of a misdemeanor for the unlawful storage, treatment or disposal of hazardous wastes.
Acts 1983, ch. 423, § 18; T.C.A., § 68-46-218.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-221 - Fees additional to other fees and taxes

The fees levied by this part shall be in addition to all other taxes or fees, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied.
Acts 1983, ch. 423, § 21; T.C.A., § 68-46-221.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-222 - Permit exemption - On site clean-up activities

No state or local permits shall be required for clean-up activities which are conducted entirely on site and in accordance with this part; provided, that such clean-up activities meet the standards that would apply if such permits were required.
Acts 1989, ch. 321, § 9; T.C.A., § 68-46-222.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-223 - No permits for landfills violating Section 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
.
Acts 1990, ch. 1077, § 2; T.C.A., § 68-46-223.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-226 - Grants or loans from federal or matching funds - Tax increment financing

(a)
From any federal funds available to the department and any state funds used as a match to obtain those federal funds, the commissioner may, in the commissioner's discretion, provide grants and/or loans to municipalities, counties and/or other governmental instrumentalities to conduct screening, investigation, remediation, containment, cleanup and/or closure of inactive hazardous substance sites, solid waste disposal sites or brownfield projects under the authority of any statute administered by the department.
(b)
A brownfield project shall be deemed to be within the term "project" as that term is defined in §
7-53-101
. Any local government having jurisdiction over any part of a brownfield project is authorized to use tax increment financing for such project pursuant to §
13-20-205
.
Acts 2001, ch. 449, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-227 - Injunctions or restraining orders to enforce orders, rules or regulations

In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, 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, 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 in which all or a part of the actual or threatened violations has or is about to occur, in the name of the department. In those suits, the court may grant temporary or permanent injunctions or restraining orders. The proceedings shall not be tried by jury.
Acts 2007, ch. 362, § 29.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-301 - Short title

This part shall be known and may be cited as the "Tennessee Hazardous Waste Reduction Act of 1990."
Acts 1990, ch. 754, § 2; T.C.A., § 68-46-301.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-302 - Policy

(a)
The general assembly declares it to be the policy of the state that, wherever economically and technically feasible, the generation of hazardous waste is to be prevented or reduced as expeditiously as possible. Hazardous waste that is nevertheless generated should be stored, treated and disposed of so as to protect human health and the environment.
(b)
It is the intent of the general assembly that the Capacity Assurance Plan (CAP) required by the Superfund Amendments and Reauthorization Act of 1986 (SARA) (P.L. 99-499, 100 Stat. 1613, as amended) should reflect the state's primary commitment to waste prevention and reduction through education, planning and technical assistance.
(c)
The general assembly further finds that the timely development of a comprehensive waste reduction plan by each large and small hazardous waste generator operating in the state is essential in order to identify opportunities for reducing waste generation which may be implemented by that generator.
(d)
The general assembly finds that the state should aid generators of hazardous waste to meet the requirements of this part by providing a program of planning and technical assistance.
(e)
It is the purpose of this part to prevent and reduce the generation of hazardous waste in the state. Such waste shall not include wastewater streams containing hazardous wastes that are collected and treated in on-site wastewater treatment systems, the discharge of which is the subject of a NPDES permit.
Acts 1990, ch. 754, § 3; T.C.A., § 68-46-302; Acts 2007 , ch. 362, § 30.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-303 - Part definitions

(a)
As used in this part, unless the context otherwise requires:
(1)
"Board" means the underground storage tanks and solid waste disposal control board as established by §
68-211-111
;
(2)
"Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative;
(3)
"Department" means the department of environment and conservation;
(4)
"Large quantity generator" means a generator which generates two and two-tenths pounds (2.2 lbs.) of acute hazardous waste, or two thousand two hundred pounds (2,200 lbs.) or more of hazardous waste in any one (1) month;
(5)
"Small quantity generator" means any generator which generates between two hundred twenty (220) and two thousand two hundred pounds (2,200 lbs.) of hazardous waste in any one (1) month;
(6)
"Source reduction" or "waste reduction" means the reduction or elimination of waste at the source, usually within a process, including process modifications, feedstock substitutions, improvements in feedstock purity, housekeeping and management practices, increases in the efficiency of machinery and on-site, closed-loop recycling, or any action that reduces the amount and toxicity of the waste exiting the production process; and
(7)
"Waste," "hazardous waste" or "acute hazardous waste" means any hazardous waste as defined in part 1 of this chapter, and the regulations promulgated pursuant thereto, and for which the generator is required to notify the department pursuant to such regulations. However, for the purpose of this part only, these terms do not include such wastes which result from the clean up of contaminated sites or spills of hazardous material.
(b)
All other terms used in this part shall be defined as such terms are defined in part 1 of this chapter or in regulations promulgated pursuant to that part.
Acts 1990, ch. 754, § 4; T.C.A., § 68-46-303.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-304 - Development of hazardous waste reduction plan - Inspection of plan by commissioner or department

(a)
All large and small quantity generators shall complete a hazardous waste reduction plan in accordance with the requirements of §
68-212-305
. After completion of a plan, the generator shall maintain a current copy of the plan at the generating facility. The plan and the annual progress reports under §
68-212-306
shall be made available, upon request, to a representative of the department at any reasonable time. The department may make use of the information as it deems necessary to carry out its duties under this chapter.
(b)
For the purposes of this section and §
68-212-305
, a generator shall permit the commissioner to inspect the hazardous waste reduction plan. The generator shall permit any officer, employee or representative of the department at all reasonable times to have access to the plan. The generator shall furnish a copy of the plan upon request to the commissioner.
Acts 1990, ch. 754, § 5; 1991, ch. 130, § 1; T.C.A., § 68-46-304; Acts 2007 , ch. 362, § 31.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-306 - Annual progress report

(a)
All generators shall annually review their waste reduction plan and complete a hazardous waste reduction progress report which shall:
(1)
Analyze and quantify progress made, if any, in hazardous waste reduction, relative to each performance goal established under §
68-212-305(b)
; and
(2)
Set forth amendments, if needed, to the hazardous waste reduction plan and explain the need for the amendments.
(b)
Except for the information reported to the department under §
68-212-308
, the annual progress report shall be retained at the facility and shall not be considered a public record under title 10, chapter 7, part 5. However, the generator shall permit any officer, employee or representative of the department at all reasonable times to have access to the annual progress report.
Acts 1990, ch. 754, § 7; T.C.A., § 68-46-306; Acts 2007 , ch. 362, § 32.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-307 - Review of plan or progress report by department - Correction of deficiencies - Review of order

(a)
The department may review a plan or an annual progress report to determine whether the plan or progress report reasonably contains the elements specified under §§
68-212-305
and
68-212-306
. If a generator fails to complete a plan containing the elements of §
68-212-305
or an annual progress report reasonably containing the elements required by §
68-212-306
, the department may notify the generator of the specific deficiencies. The department also may specify a reasonable time frame, of not less than ninety (90) days, within which the generator shall modify the plan or progress report correcting the specified deficiencies.
(b)
If the commissioner determines that a plan or progress report has not been modified to address the deficiencies identified, 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.
(c)
Any order issued pursuant to subsection (b) shall be subject to review in the same manner as orders under §
68-212-113
.
Acts 1990, ch. 754, § 8; T.C.A., § 68-46-307.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-308 - Submission of summary information on waste reduction

(a)
Based on the annual progress report prepared pursuant to §
68-212-306
, the commissioner may require certain generators to submit summary information on waste reduction activities to the department, as an element of the annual generator report submitted to the department.
(b)
The summary shall include:
(1)
For each hazardous waste stream, one (1) of the following, as appropriate:
(A)
A statement of specific performance goals, and a report on the progress made in achieving these goals. The results should be reported in numeric terms, as set forth in §
68-212-305(c)
; or
(B)
A report on the actions taken toward establishing numeric goals;
(2)
A narrative explaining the reported data; and
(3)
A description of any impediments to reducing the generation of hazardous waste.
(c)
The board, by rule, shall develop uniform reporting requirements for the data required under this section.
Acts 1990, ch. 754, § 9; T.C.A., § 68-46-308; Acts 2007 , ch. 362, § 33.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-309 - Violations - Civil penalties

Any generator or person who:
(1)
Fails to file or make available to the department any reports, records or documents required pursuant to this part;
(2)
Fails, neglects or refuses to comply with any provision of this part or any order issued pursuant to this part; or
(3)
Knowingly gives or causes to be given any false information in any reports, records or documents required pursuant to this part;
is subject to a civil penalty of up to ten thousand dollars ($10,000). Any such penalty shall be assessed in the same manner as in §
68-212-114
. Each day such violation continues constitutes a separate offense.
Acts 1990, ch. 754, § 10; T.C.A., § 68-46-309; Acts 2007 , ch. 362, § 34.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-310 - Technical assistance

Subject to available funding, the department may contract to make technical assistance available to assist generators and the department in carrying out this part. The assistance shall emphasize strategies to encourage hazardous waste reduction.
Acts 1990, ch. 754, § 11; T.C.A., § 68-46-310.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-311 - Confidentiality of plans and reports

A plan or annual progress report developed pursuant to this part and maintained at the generating facility shall not be considered a public record under title 10, chapter 7, part 5. The board shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is not revealed to any person without the consent of the person supplying such information. However, the summary information on waste reduction activities submitted to the department may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA) or any authorized representative of the commissioner or the board in connection with the responsibilities of the department or board pursuant to this part or as necessary to comply with federal law. Copies of any Form Rs, provided to the state and the EPA shall be available to the public from the Tennessee emergency management agency.
Acts 1990, ch. 754, § 12; T.C.A., § 68-46-311; Acts 1992, ch. 877, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 3 - TENNESSEE HAZARDOUS WASTE REDUCTION ACT OF 1990 (§§ 68-212-301 — 68-212-312) › Section 68-212-312 - Rules and regulations - Appeals

In addition to all other enumerated powers in this chapter and chapter 211 of this title, the board is authorized to promulgate rules and regulations to effectuate the purpose of this part, and to hear appeals from orders or assessments issued by the commissioner pursuant to this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1990, ch. 754, § 15; T.C.A., § 68-46-312.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 4 - INDICIA OF OWNERSHIP (§§ 68-212-401 — 68-212-407) › Section 68-212-402 - Indicia of ownership generally

A person who maintains indicia of ownership of a site, vessel or facility primarily to protect a security interest in a site, vessel or facility, and who does not participate in the management of the site, vessel or facility and is not an owner or operator of the site, vessel or facility shall not be deemed the discharger or responsible party for a discharge from the site, vessel or facility and shall not be liable for cleanup costs or damages resulting from discharge from the site, vessel or facility pursuant to this chapter, except to the extent that liability may still apply to holders after foreclosure as set forth in §
68-212-403
. The plaintiff or petitioner bears the burden of establishing that the defendant or respondent is liable as an owner or operator.
Acts 1995, ch. 375, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 4 - INDICIA OF OWNERSHIP (§§ 68-212-401 — 68-212-407) › Section 68-212-404 - Rights of department

(a)
Nothing in this part is deemed to prohibit or limit the rights of the department to clean up sites or to obtain a lien on sites, pursuant to §
68-212-209
.
(b)
Nothing in this part is deemed to prohibit or limit the rights of the department to direct the holder to take any emergency response actions, including closure of the site, vessel or facility necessary to prevent, contain or mitigate a continuing or new discharge that poses an immediate threat to the environment or the public health, safety or welfare.
Acts 1995, ch. 375, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 4 - INDICIA OF OWNERSHIP (§§ 68-212-401 — 68-212-407) › Section 68-212-405 - Security interest holders - Effect

Nothing in this part shall be construed to require a holder of a security interest to conduct or require an environmental inspection, audit or assessment, and the liability of the holder of the security interest shall not be based on or affected by a failure to conduct an environmental inspection, audit or assessment.
Acts 1995, ch. 375, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 4 - INDICIA OF OWNERSHIP (§§ 68-212-401 — 68-212-407) › Section 68-212-406 - Agency rules

No state or local governmental agency or entity shall adopt any rule, regulation, ordinance, policy or permit condition circumventing or limiting exemptions or protections established by this part, or the exercise of such exemptions and protections.
Acts 1995, ch. 375, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 4 - INDICIA OF OWNERSHIP (§§ 68-212-401 — 68-212-407) › Section 68-212-407 - Protection of trustees and fiduciaries not affected

Nothing in this part or §
68-212-202
shall be construed to limit or reduce the protection from liability for an inactive hazardous waste site or underground storage tank facility afforded to trustees, or other fiduciaries, under §
35-50-110(32)
, any other applicable statute, or common law exemptions or protections.
Acts 1995, ch. 375, § 10.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 5 - PROPERTY WHERE METHAMPHETAMINE MANUFACTURED (§§ 68-212-501 — 68-212-509) › Section 68-212-501 - "Commissioner" defined

As used in this part, "commissioner" means the commissioner of environment and conservation.
Acts 2004, ch. 855, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 5 - PROPERTY WHERE METHAMPHETAMINE MANUFACTURED (§§ 68-212-501 — 68-212-509) › Section 68-212-502 - List of certified industrial hygienists - Testing of properties

The commissioner shall compile and maintain a list of certified industrial hygienists and such other persons or entities the commissioner certifies as qualified to perform the services of industrial hygienists. Such persons will test properties in which a process intended to result in the manufacture of methamphetamine has occurred, as defined by §
39-17-435
, to determine if a property is safe for human use. Such property may include, but is not limited to, leased or rented property such as a hotel or motel room, rented home or apartment, or any residential property. The commissioner shall also compile and maintain a list of persons authorized to perform clean-up of property where such a process has occurred. Such lists may be posted on the website maintained by the commissioner.
Acts 2004, ch. 855, § 3; 2005, ch. 18, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 5 - PROPERTY WHERE METHAMPHETAMINE MANUFACTURED (§§ 68-212-501 — 68-212-509) › Section 68-212-504 - Rules

The commissioner is authorized to promulgate rules concerning the inspection, testing and quarantine of property affected by this part.
Acts 2004, ch. 855, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 5 - PROPERTY WHERE METHAMPHETAMINE MANUFACTURED (§§ 68-212-501 — 68-212-509) › Section 68-212-505 - Testing of property - Certification that property safe

Once the property has been quarantined, any party having a right, title or interest in the quarantined property, including any lienholders, may contact either a certified industrial hygienist or other person or entity certified as qualified from the list maintained by the commissioner to perform appropriate testing on the property to determine whether hazardous waste is present on the property, or a contractor from the list maintained by the commissioner for clean-up and removal of all hazardous waste from the property. The property must remain quarantined until a certified industrial hygienist or other person or entity named on the commissioner's list compiled pursuant to §
68-212-502
certifies to the quarantining agency that the property is safe for human use.
Acts 2004, ch. 855, § 6.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 5 - PROPERTY WHERE METHAMPHETAMINE MANUFACTURED (§§ 68-212-501 — 68-212-509) › Section 68-212-506 - Calculation of restitution

Any inspection, testing or quarantine conducted pursuant to this part shall be considered when calculating the appropriate restitution under §
39-17-417(c)(2)(B)
.
Acts 2004, ch. 855, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 5 - PROPERTY WHERE METHAMPHETAMINE MANUFACTURED (§§ 68-212-501 — 68-212-509) › Section 68-212-509 - Submission of information regarding quarantined site - Registry of quarantined sites

(a)
Within seven (7) days of issuing an order of quarantine, the law enforcement agency that issued the order shall transmit to the commissioner at least the following information regarding the site:
(1)
The date of the quarantine order;
(2)
The county;
(3)
The address;
(4)
The name of the owner of the site; and
(5)
A brief description of the site, such as single family home, apartment, motel, wooded area, etc.
(b)
The department of environment and conservation shall maintain a registry of all properties reported by a law enforcement agency that have been under order of quarantine for at least sixty (60) days. The registry shall be available for public inspection at the department and shall be posted on its website. Listed properties shall be removed from the registry when a law enforcement agency reports that the quarantine has been lifted in accordance with this part.
Acts 2005, ch. 18, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 213 - SANITARY LANDFILL AREAS ACT (§§ 68-213-101 — 68-213-106) › Section 68-213-101 - Short title

This chapter shall be known and may be cited as the "Sanitary Landfill Areas Act."
Acts 1970, ch. 417, § 1; T.C.A., §§ 53-4501, 68-33-101.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 213 - SANITARY LANDFILL AREAS ACT (§§ 68-213-101 — 68-213-106) › Section 68-213-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative;
(2)
"Department" means the department of environment and conservation;
(3)
"Governing body" means the governing body of every county in this state;
(4)
"Landfill area" means any land area selected for the purpose of solid waste disposal or solid waste material;
(5)
"Person" means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state;
(6)
"Solid waste" means garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations, and all garbage, refuse or other discarded solid materials from individual homes, apartments, multiple dwellings, trailers or other living quarters, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants;
(7)
"Solid waste disposal" means the process of placing, confining, compacting, or covering solid waste except when such solid waste is for reuse, removal, reclamation or salvage; and
(8)
"Solid waste disposal system" means the relationship of the coordinated activities of and resources for processing and disposal of solid wastes within a common geographical area and under the supervision of any person or persons engaging in such activities.
Acts 1970, ch. 417, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §§ 53-4502, 68-33-102.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 213 - SANITARY LANDFILL AREAS ACT (§§ 68-213-101 — 68-213-106) › Section 68-213-103 - Approval of landfill area location

No landfill area for the disposal of solid waste materials in this state shall be constructed and no contract between any person or persons for the purpose of constructing or utilizing the same shall be completed or executed unless the location of the landfill area shall have been approved by the department and the governing body of the area in which the site is located. Should the department or the governing body disapprove of the site, no further action shall be taken in regard to the construction of a landfill area at that site.
Acts 1970, ch. 417, § 3; T.C.A., §§ 53-4503, 68-33-103.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 213 - SANITARY LANDFILL AREAS ACT (§§ 68-213-101 — 68-213-106) › Section 68-213-104 - Violation - Penalty

Any person violating any of this chapter, or failing, neglecting or refusing to comply with any order of the department or governing body lawfully issued, commits a Class C misdemeanor. Each day of continued violation constitutes a separate offense.
Acts 1970, ch. 417, § 4; T.C.A., § 53-4504; Acts 1989, ch. 591, § 113; T.C.A., § 68-33-104.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 213 - SANITARY LANDFILL AREAS ACT (§§ 68-213-101 — 68-213-106) › Section 68-213-105 - Injunctions

In addition to the penalties herein provided, the department or governing body may cause the enforcement of any orders or rules issued by it to carry out this chapter by instituting legal proceedings to enjoin the violation of this chapter and the orders or rules of the department or governing body in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation thereof. The district attorney general in whose jurisdiction a violation of this chapter occurs or the attorney general and reporter shall institute and prosecute such suits when necessity therefor has been shown by those herein clothed with the power of investigation.
Acts 1970, ch. 417, § 5; T.C.A., §§ 53-4505, 68-33-105.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 213 - SANITARY LANDFILL AREAS ACT (§§ 68-213-101 — 68-213-106) › Section 68-213-106 - Application of chapter

This chapter applies to those counties having a population of:
not less than
nor more than
12,500
12,508
60,250
60,350
73,900
74,000
250,000
300,000
according to the federal census of 1960 or any subsequent federal census and to any county of the state having a metropolitan form of government.
Acts 1970, ch. 417, § 6; 1978, ch. 546, § 1; 1978, ch. 862, § 1; 1979, ch. 58, § 1; 1980, ch. 461, § 1; T.C.A., §§ 53-4506, 68-33-106.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 214 - ENVIRONMENTAL ENGINEERING PROJECT (§§ 68-214-101 — 68-214-102) › Section 68-214-101 - Commissioner's authority to contract

The commissioner of environment and conservation is authorized to contract with the University of Tennessee for the initial establishment on the Knoxville campus of an environmental engineering project, and to contract with Tennessee Technological University and the University of Memphis for programs within the project for applied research and public service directly applicable to the mission of the department of environment and conservation.
Acts 1972, ch. 851, § 1; T.C.A., §§ 53-4901, 68-37-101; Acts 1994, ch. 538, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 214 - ENVIRONMENTAL ENGINEERING PROJECT (§§ 68-214-101 — 68-214-102) › Section 68-214-102 - Objectives of project

(a)
The environmental engineering project will provide for the application of scientific, technical and engineering principles and practices to the opportunities and problems associated with maintaining and improving Tennessee's environmental quality and the health and well being of the state's citizens.
(b)
The principal objectives of the environmental engineering project are to:
(1)
Maintain and make available a comprehensive pool of technical resource personnel with competency in the many aspects of environmental problems to advise and assist, upon request, the department of environment and conservation with regard to the need, implementation, efficiency, and economic consequences of laws and regulations relative to the quality of the air, water and land environments and to land utilization;
(2)
Provide consultation and engineering analysis, design and/or research services, upon request, to those agencies of the state having responsible cognizance of environmental quality, pollution monitoring and environmental quality regulation enforcement;
(3)
Establish a technical advisory service for industries and municipalities to advise and assist, in coordination with state regulatory agencies, in the technical problems arising from the compliance with environmental quality control regulations and from self-initiated pollution abatement programs; and
(4)
Develop and coordinate educational engineering programs for in-service training of technical, professional and managerial personnel needed for the control and improvement of the environment.
Acts 1972, ch. 851, § 2; T.C.A., §§ 53-4902, 68-37-102.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Petroleum Underground Storage Tank Act."
Acts 1988, ch. 984, § 2; T.C.A., § 68-53-101.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-102 - Legislative intent

(a)
In order to protect the public health, safety and welfare, to prevent degradation of the environment, conserve natural resources and provide a coordinated statewide underground storage tank program, it is declared to be the public policy of the state of Tennessee to regulate underground storage tanks and to:
(1)
Provide safe storage for petroleum products;
(2)
Provide a coordinated statewide program for petroleum products stored in underground storage tanks in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution such that adequate control is achieved without unnecessary duplication of regulatory programs;
(3)
Develop long range plans for adequate petroleum underground storage tank systems to meet future demands;
(4)
Provide a mechanism for the remediation of environmental pollution due to releases from petroleum underground storage tank systems; and
(5)
Provide a comprehensive investigation and clean-up fund to address the problems caused by releases from petroleum underground storage tanks, including remediation of imminent and substantial threats to public health and/or the environment, and to provide a mechanism to assist the financial responsibility requirements for owners/operators of petroleum underground storage tanks.
(b)
It is the intent of this legislation to enable the state to obtain primacy for the petroleum underground storage tank program from the United States environmental protection agency (EPA).
(c)
It is the intent of the general assembly that this chapter shall not apply retroactively to releases or other events that occurred prior to July 1, 1988.
Acts 1988, ch. 984, § 3; 1990, ch. 855, § 1; T.C.A., § 68-53-102.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-104 - Unlawful actions

It is unlawful to:
(1)
Cause or permit the release of a petroleum substance from a petroleum underground storage tank into the environment;
(2)
Construct, alter or operate a petroleum underground storage tank in violation of this chapter or the rules or regulations established pursuant thereto;
(3)
Refuse or fail to pay to the department fees assessed pursuant to this chapter and in violation of the rules, regulations, or orders of the commissioner or board;
(4)
Receive, or to attempt to receive reimbursement from the petroleum underground storage tank fund in a fraudulent manner;
(5)
Refuse or fail to comply with any order of the commissioner or the board that has become final;
(6)
Install petroleum underground storage tanks that do not meet the minimum standards pursuant to this chapter; or
(7)
Submit to the department any document, in written or electronic format, known to be false or known to contain any materially false, fictitious or fraudulent statement or entry; knowingly make any materially false, fictitious, or fraudulent statement or representation; or knowingly falsify, conceal, or cover up a material fact.
Acts 1988, ch. 984, § 6; 1990, ch. 855, § 2; T.C.A., § 68-53-104; Acts 2004, ch. 925, § 2; 2010, ch. 903, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-105 - Minimum requirements for tanks

All petroleum underground storage tanks shall at a minimum:
(1)
Prevent releases due to structural failure for the operational life of the tank;
(2)
Be cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or the threatened release of any petroleum substance; and
(3)
The material used in construction or lining of the tank shall have compatibility between the substance stored in the petroleum underground storage tank and the interior of the petroleum underground storage tank.
Acts 1988, ch. 984, § 7; T.C.A., § 68-53-105.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-108 - Proprietary information

The board shall establish procedures to ensure that information supplied to the department as required by this chapter, and as defined as proprietary by regulation, is not revealed to any person, except as provided in this section. Proprietary information shall not include the name and address of the owner and/or operator of petroleum underground storage tanks. Proprietary information may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA), or any authorized representative of the commissioner or board in connection with the responsibilities of the department or board pursuant to this chapter or as necessary to comply with federal law.
Acts 1988, ch. 984, § 10; T.C.A., § 68-53-108.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-112 - [Repealed] Reserved

Acts 1988, ch. 984, § 14; T.C.A., § 68-53-112; Acts 2008 , ch. 794, § 9; repealed by Acts 2012 , ch. 986, § 38, effective 10/1/2012.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-113 - [Repealed] Reserved

Repealed by 2015 Tenn. Acts, ch. 292, s 9, eff. 7/1/2015.
Acts 1988, ch. 984, § 15; T.C.A., § 68-53-113; Acts 2008 , ch. 794, § 10.