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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1014 - Certification of used oil transporters - Annual reports

(a)
The department shall develop certification procedures for transporters accepting used oil from public, private and commercial collection facilities. Such certification shall include:
(1)
A requirement that the transporter demonstrates familiarity with state regulations and proper used oil management rules;
(2)
A requirement that the equipment used in such transportation is in good mechanical condition and is suitable for the transportation of used oil;
(3)
A requirement of proof of liability insurance or other means of financial responsibility, as established by the department;
(4)
A showing that all recordkeeping and reporting practices are in compliance with all applicable regulations; and
(5)
Documentation that all used oil is delivered to qualified customers or certified recyclers. Such documentation shall include the names and addresses of such customers and recyclers.
(b)
The department shall require that transporters file an annual report which specifies the type and quantity of used oil transported, collected and recycled during the preceding year.
(c)
Any person who annually transports over public highways more than one thousand gallons (1,000 gal.) of used oil shall be a certified transporter. Persons who transport one thousand gallons (1,000 gal.) or less may also apply to the department for certification as a transporter.
Acts 1993, ch. 185, § 15.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1015 - Development of management standards for collection and recycling

(a)
The department shall develop management standards for used oil recycling and collection. Such standards shall comply with all rules and regulations of the federal environmental protection agency but shall not exceed such rules and regulations.
(b)
The underground storage tanks and solid waste disposal control board is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1993, ch. 185, § 16.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1016 - Prohibited acts - Penalty

(a)
Other than as provided for in a state or federal discharge permit, no person shall:
(1)
Discharge used oil into sewers, drainage systems, septic tanks, surface waters, groundwaters, water courses or marine waters;
(2)
Collect, store, recycle, use or dispose of used oil in any manner which endangers the public health or welfare;
(3)
Mix or comingle used oil with hazardous waste or polychlorinated biphenyls (PCBs) that make it unsuitable for recycling or beneficial use; or
(4)
Utilize used oil for road oiling, dust control, weed abatement or similar uses which have the potential to cause harm to the environment.
(b)
Any person who:
(1)
Fails to comply with any provision of this part or any rule adopted pursuant to this part;
(2)
Fails to file any reports, records or documents required pursuant to this part;
(3)
Fails, neglects, or refuses to comply with any order issued pursuant to this part; or
(4)
Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part;
commits a Class C misdemeanor. Each day such violation continues constitutes a separate offense.
Acts 1993, ch. 185, § 17.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1017 - Notice to public concerning proper oil collection and recycling - Signs

(a)
(1)
A retailer of automotive oil that is not a used oil collection center shall post and maintain on the retailer's premises, at or near the point of the automotive oil display or sale, a durable and legible sign (minimum size of eight and one-half by eleven inches (81/2" x 11")) that informs the public of the importance of the proper collection and disposal of used oil from DIYers and that contains the toll-free number established by the department pursuant to §
68-211-1005
. The department shall design and provide the signs upon request.
(2)
A retailer of any other automotive fluid may request from the department a sign to post on the retailer's premises that informs the public of the importance of the proper collection and disposal of other automotive fluids from DIYers and that contains the toll-free number established by the department pursuant to §
68-211-1005
. The department shall design and provide the signs upon request.
(b)
The department shall, upon the request of:
(1)
A used oil collection center, design and provide a sign that identifies used oil collection centers; and
(2)
An automotive fluid collection center that accepts other automotive fluids, design and provide a sign that identifies automotive fluid collection centers.
(c)
The department may approve signs for display by retailers or collection centers that are submitted for such approval and, if approved, such signs may be displayed in lieu of signs designed by the department.
(d)
Any sign provided or approved by the department pursuant to subsection (a), (b), or (c) shall be exempt from any sign regulation by local government. Such signs shall not be included as part of any maximum sign allowance pursuant to any local government regulation.
Amended by 2016 Tenn. Acts, ch. 771, Secs.s 11, s 12 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 771, s 10, eff. 7/1/2016.
Acts 1993, ch. 185, § 18.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1018 - Release - Cleanup

Upon detection of a release of used oil or any other automotive fluid to the environment at an automotive fluid collection center and notification to the department, the following cleanup steps must be performed:
(1)
Stop the release;
(2)
Contain the released used oil or other automotive fluid;
(3)
Clean up and manage properly the released used oil or other automotive fluid and other materials; and
(4)
If necessary to prevent future releases, repair or replace any leaking used oil or other automotive fluid storage containers or tanks prior to returning them to service.
Amended by 2016 Tenn. Acts, ch. 771,s 13, eff. 7/1/2016.
Acts 1993, ch. 185, § 19.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1019 - Used oil filters

(a)
Used oil filters shall be:
(1)
Punctured and hot-drained for a minimum of twelve (12) hours;
(2)
Punctured and cold-drained for a minimum of twenty-four (24) hours;
(3)
Drained and crushed; or
(4)
Prepared for disposal as otherwise provided by rules and regulations promulgated by the underground storage tanks and solid waste disposal control board.
(b)
Subsequent to such draining, draining and crushing or other preparation for disposal, such used oil filters shall be recycled or disposed of in accordance with this chapter and rules and regulations promulgated pursuant to this chapter.
Acts 1993, ch. 185, § 20.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 11 (§§ 68-211-1101 — 68-211-1105) › Section 68-211-1101 - [Effective 7/1/2025] Definitions

As used in this part, unless the context otherwise requires:
(1)
"Beneficial end use" has the same meaning as in §
68-211-867
;
(2)
"Board" means the underground storage tanks and solid waste disposal control board;
(3)
"Commissioner" means the commissioner of environment and conservation, or the commissioner's designee;
(4)
"Department" means the department of environment and conservation;
(5)
"Manifest" means the form used for identifying the quantity, origin, routing, and destination of waste tires during transportation from the point of generation to the point of disposal, treatment, or storage;
(6)
"Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle;
(7)
"Waste tires" means tires that have been previously used in the regular operation of a motor vehicle and have not been processed for beneficial end use or shredded for disposal; and
(8)
"Waste tire hauler" means a person engaged in the commercial transporting of waste tires for the purpose of storage, processing, or disposal.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 11 (§§ 68-211-1101 — 68-211-1105) › Section 68-211-1102 - [Effective 7/1/2025] Registration as a waste tire hauler

(a)
(1)
A person shall not commercially transport waste tires in this state unless the person has registered with the department as a waste tire hauler in accordance with this section and displays an active decal or placard obtained from the department on a vehicle used to transport waste tires.
(2)
It is a Class B misdemeanor to transport waste tires in violation of this section. Each day of transport in violation of this section constitutes a separate offense.
(b)
The department shall administer a waste tire hauler registration program in accordance with rules promulgated by the board. In administering the program, the commissioner may issue, deny, suspend, or revoke waste tire hauler registrations. Registration under this section is deemed to be a license as defined in §
4-5-102
. Suspension or revocation of a registration must be conducted in accordance with § 4-5320.
(c)
A person whose registration has been denied, suspended, or revoked may appeal that decision within thirty (30) days after the decision is issued by filing a written petition with the commissioner setting forth the grounds and reasons for objection to the decision and requesting a hearing before the board. A contested case hearing for a petition filed under this subsection must be conducted in accordance with §
68-211-113(b)
.
(d)
A waste tire hauler must register annually. The annual registration fee is one hundred dollars ($100), and must be allocated to the solid waste management fund established in §
68-211-821
. The application for registration must identify the approximate number of tires to be hauled. An application for renewal must identify the approximate number of tires hauled in the previous year.
(e)
As a condition of registration, there must be posted with the commissioner a performance bond or other financial assurance acceptable to the commissioner. The amount of the performance bond or other financial assurance must be established by the commissioner based on the approximate number of tires hauled.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 11 (§§ 68-211-1101 — 68-211-1105) › Section 68-211-1103 - [Effective 7/1/2025] Manifest

(a)
A person who commercially generates, transports, processes, stores, or disposes of waste tires shall use a manifest for the waste tires that contains the following information:
(1)
Names and addresses of transporters;
(2)
Names and addresses of facilities at which waste tires are generated;
(3)
A description of the waste tires;
(4)
Names and addresses of the destinations of the waste tires; and
(5)
Other information as required by rule.
(b)
A person required to use a manifest under subsection (a) shall:
(1)
Have the manifest during transport of waste tires for commercial purposes within the state;
(2)
Maintain the manifest for a period of three (3) years from the date the manifest is created; and
(3)
Provide copies of the manifest to the department upon request.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 11 (§§ 68-211-1101 — 68-211-1105) › Section 68-211-1104 - [Effective 7/1/2025] Civil enforcement

(a)
The commissioner may inspect facilities at which waste tires are generated, transported, processed, stored, or disposed and obtain related records.
(b)
If the commissioner finds that a provision of this part is not being carried out, and that effective measures are not being taken to comply with this part, then the commissioner may issue an order for correction to the responsible person. The order must be served by personal service or by registered mail.
(c)
A person against whom an order of correction is issued may seek review of the order by filing with the commissioner a written petition setting forth the grounds and reasons for objection to the order and requesting a hearing before the board. The order issued by the commissioner becomes final and not subject to review unless the person named in the order files the written petition seeking review within thirty (30) days of the date of receipt of the order.
(d)
A contested case hearing for a petition filed in accordance with subsection (c) must be conducted in accordance with§
68-211-113(b)
.
(e)
A person who violates a provision of this part or a rule, regulation, or standard adopted pursuant to this part is subject to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day for each day of violation.
(f)
In addition to the civil penalty assessed in subsection (e), the commissioner may assess damages resulting from a person's violation of this part. Damages may include reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land, and other property to its former condition.
(g)
In addition to issuing an order and assessing penalties or damages under this section, the commissioner may institute legal proceedings to enjoin the violation of this part or a rule, regulation, or standard adopted pursuant to this part, and to enforce final orders in a court of competent jurisdiction. In such a suit, the court may grant a temporary or permanent injunction or restraining order. The proceedings must not be tried by jury.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 11 (§§ 68-211-1101 — 68-211-1105) › Section 68-211-1105 - [Effective 7/1/2025] Rules and regulations

The board shall promulgate rules to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 614,s 3, eff. 7/1/2025.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-101 - Short title

This part shall be known and may be cited as the "Tennessee Hazardous Waste Management Act."
Acts 1977, ch. 175, § 1; T.C.A., §§ 53-6301, 68-46-101.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-102 - Public policy

In order to protect the public health, safety and welfare, to prevent degradation of the environment, conserve natural resources and provide a coordinated statewide hazardous waste management program, it is declared to be the public policy of the state of Tennessee to regulate hazardous waste management to:
(1)
Provide for safe storage, transportation, treatment and disposal of hazardous wastes;
(2)
Provide a coordinated statewide program of control of hazardous wastes 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 hazardous waste management systems to meet future demands; and
(4)
Promote efficient and economical hazardous waste management systems, the reuse or recycling of hazardous waste, and efforts to minimize the amounts of hazardous waste generated.
Acts 1977, ch. 175, § 2; T.C.A., § 53-6302; Acts 1986, ch. 644, § 4; T.C.A., § 68-46-102.
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 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-103 - Exemptions

Exempted from this part are:
(1)
Hazardous wastes which are generated within a residence and are incident to the operation of that residence; and
(2)
The following wastes generated within a farm and incident to the operation of that farm:
(A)
Wastes from the growing and harvesting of agricultural crops or from the raising of animals (including animal manures), which are returned to the soils as fertilizers; and
(B)
Waste pesticides, provided the farmer triple-rinses each emptied pesticide container (using a capable solvent) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label.
Acts 1977, ch. 175, § 2; 1979, ch. 410, § 1; 1981, ch. 174, §§ 5-7; T.C.A., § 53-6303; Acts 1984, ch. 577, § 1; T.C.A., § 68-46-103.
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 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-105 - Unlawful acts

It is unlawful to:
(1)
Place or deposit any hazardous waste into the waters of the state except in a manner approved by the department or the Tennessee board of water quality, oil and gas;
(2)
Burn hazardous waste except in a manner and under the conditions prescribed by the department or the air pollution control board;
(3)
Construct, alter, operate, own, close, or maintain after closure a hazardous waste treatment, storage, or disposal facility in violation of the rules and regulations established under this part or in violation of orders of the commissioner or board, or in such a manner as to create a public nuisance or a hazard to public health;
(4)
Store, containerize, label, transport, treat or dispose of hazardous waste or fail to provide information in violation of the rules, regulations, or orders of the commissioner or board, or in such a manner as to create a public nuisance or a hazard to the public health;
(5)
Refuse or fail to pay to the department fees assessed pursuant to this part and in violation of the rules, regulations, or orders of the commissioner or board; or
(6)
Site a new commercial hazardous waste facility less than one thousand five hundred feet (1,500') from residential, child care, church, park or school property.
Amended by 2018 Tenn. Acts, ch. 839, s 21, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Acts 1977, ch. 175, § 4; 1979, ch. 410, § 3; T.C.A., § 53-6305; Acts 1983, ch. 317, § 1; 1984, ch. 577, § 3; T.C.A., § 68-46-105; Acts 1998, ch. 1089, § 1; 2000, ch. 981, § 67.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-106 - Criteria for determining hazardous wastes - Notification regarding wastes generated - Manifest systems - Landfill disposal sites

(a)
(1)
The board shall establish criteria for determining if a substance is a hazardous waste and will prepare a list of wastes which are considered hazardous in order to aid in determining the generators of hazardous waste in the state. However, such list shall not limit the regulatory authority over substances which meet established criteria for a hazardous waste.
(2)
Any person who is generating a waste which is considered hazardous by the established criteria or list shall notify the department in writing of the quantities and composition of wastes generated and the method by which such person intends to store, treat or dispose of such wastes.
(3)
All generators, transporters, and owners and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system to assure that such hazardous waste transported off-site is stored, treated, or disposed of in storage, treatment, or disposal facilities in compliance with regulations promulgated pursuant to this part.
(b)
(1)
The commissioner shall notify the register of deeds in each county in which a landfill disposal facility or site is located and currently being used for landfilling of hazardous waste of the precise location of such facility or site. Such notice shall include the following:
(A)
The name of the person who owns the property upon which the disposal facility or site is located;
(B)
The book and page number in which the deed to such property is recorded; and
(C)
The hazardous wastes which are disposed of on such property.
(2)
The commissioner is authorized to require any person owning or operating a landfill disposal facility or site to provide such information prior to landfilling on such facility or site.
(3)
As used in this section:
(A)
"Landfill disposal facility or site" includes any settlement pond or lagoon which is not regulated by the division of water quality control and also includes open dumping; and
(B)
"Open dumping" means the depositing of solid wastes into a body or stream of water or onto the surface of the ground without compacting the wastes and covering with suitable material as prescribed in the regulations of the department.
(4)
This subsection (b) is to be administered by the division of solid and hazardous waste management.
Acts 1977, ch. 175, § 5; 1979, ch. 382, § 1; 1979, ch. 410, § 4; 1980, ch. 899, § 9; T.C.A., § 53-6306; Acts 1984, ch. 577, § 4; T.C.A., § 68-46-106.
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 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-109 - Confidentiality

The board shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is not revealed to any person without the consent of the person supplying such information. Proprietary information does not include the name and address of permit applicants. Proprietary information may be utilized by the commissioner, the board, the department, the United States environmental protection agency (EPA), or any authorized representative of the commissioner or the board in connection with the responsibilities of the department or board pursuant to this part or as necessary to comply with federal law. The court may assess against the department reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.
Acts 1977, ch. 175, § 8; 1980, ch. 899, § 12; 1981, ch. 174, § 20; T.C.A., § 53-6309; Acts 1984, ch. 577, § 7; 1988, ch. 559, § 2; T.C.A., § 68-46-109.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-111 - Order for correction of deficiencies

(a)
When the commissioner finds upon investigation that any provisions of this part are not being carried out, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or shall be sent by certified mail, return receipt requested. Investigations made in accordance with this section may be made on the initiative of the commissioner or board. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of the alleged violator of this part at a meeting to show cause why enforcement action ought not to be taken by the department.
(b)
Whenever the commissioner finds that any person is engaging in an unauthorized activity which is endangering or causing damage to the public health or environment, the commissioner may, without prior notice, issue an order reciting the existence of such unauthorized activity and requiring that such action be taken as the commissioner deems necessary.
Acts 1977, ch. 175, § 10; T.C.A., § 53-6311; Acts 1984, ch. 577, § 8; T.C.A., § 68-46-111.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 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.
Acts 1977, ch. 175, § 14; 1979, ch. 410, § 10; T.C.A, § 53-6315; Acts 1984, ch. 577, § 12; T.C.A., § 68-46-115.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-117 - Complaints - Procedure

(a)
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.
(b)
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.
(c)
The board, department, its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section.
Amended by 2013 Tenn. Acts, ch. 181, s 9, eff. 7/1/2013.
Acts 1980, ch. 899, § 16; 1981, ch. 310, §§ 1, 2; T.C.A., §§ 53-6317, 68-46-117.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 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:
(1)
The number and type of hazardous waste handlers permitted and/or registered by the commissioner;
(2)
A list of hazardous waste generators, transporters, and disposal facilities in Tennessee;
(3)
Fees due, paid, and past due;
(4)
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;
(5)
The number of permit applications received, granted, requested, and pending, by type;
(6)
The number and type of enforcement actions in process and initiated during the reporting period; and
(7)
Any recommendations for legislative action to improve the hazardous waste regulatory program.
Amended by 2020 Tenn. Acts, ch. 593, s 3, eff. 3/20/2020.
Acts 1984, ch. 908, §§ 5, 7; 1985, ch. 337, § 6; T.C.A., § 68-46-118.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 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) (
42 U.S.C. § 9604(c)(9)
).
Acts 1989, ch. 552, § 3; T.C.A., § 68-46-119.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-120 - 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., § 68-46-120.
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 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 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.
Acts 1991, ch. 130, § 3; T.C.A., § 68-46-121.
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 68-212-201 - Legislative intent

(a)
In order to protect the public health, safety and welfare, and to provide a coordinated statewide hazardous substance management program, it is declared to be the policy of the state of Tennessee to:
(1)
Provide a procedure for establishing appropriate sites for the treatment, storage and disposal of hazardous wastes; provided, that such procedures shall not be construed as a state override of local government jurisdiction;
(2)
Provide funding for the operation of certain hazardous substance management programs by the state;
(3)
Emphasize alternatives to land disposal of hazardous wastes, as is practicable;
(4)
Provide for remedial action at certain inactive hazardous substance sites within the state; and
(5)
Develop a comprehensive plan for hazardous substance site containment and clean up and to develop criteria for establishment of commercial facilities which qualify local governments to receive funds from the responsible waste disposal incentive fund.
(b)
The general assembly declares that it is the policy of this state that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless generated should, in order of priority, be reduced at its source, recovered and reused, recycled, treated, or disposed of so as to minimize the present and future threat to human health and the environment.
Acts 1983, ch. 423, § 1; 1988, ch. 578, § 1; T.C.A., § 68-46-201.
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 68-212-204 - Hazardous waste remedial action fund

(a)
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."
(b)
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.
(c)
Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.
(d)
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.
(e)
All funds received by the state pursuant to § 3012 of the Resource Conservation and Recovery Act (RCRA) (
42 U.S.C. § 6933
) shall be deposited in the fund.
Acts 1983, ch. 423, § 4; T.C.A., § 68-46-204; Acts 1994, ch. 890, § 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 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-208 - Authority of counties

(a)
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.
(b)
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.
Acts 1983, ch. 423, § 8; T.C.A., § 68-46-208; Acts 2003, ch. 90, § 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 2 - HAZARDOUS WASTE MANAGEMENT ACT OF 1983 (§§ 68-212-201 — 68-212-227) › Section 68-212-210 - Funds for responsible waste disposal

(a)
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.
(b)
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:
(1)
The facility is multi-purpose with both land disposal capability and facilities for advanced technology, high-temperature thermal treatment;
(2)
The facility has a minimum design capacity to operate for twenty (20) years;
(3)
The facility is operated pursuant to part 1 of this chapter; and
(4)
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.
(c)
If the facility is located in the jurisdiction of more than one (1) local government, the money shall be apportioned between the eligible governments.
(d)
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.
Acts 1983, ch. 423, § 10; 1988, ch. 578, § 5; T.C.A., § 68-46-210.
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 68-212-211 - Local government fees - State hazardous waste management fee

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

(a)
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.
(b)
The department shall conduct a public hearing in each grand division annually to receive comments from the public regarding expenditures from the hazardous waste remedial action fund.
(c)
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.
(d)
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.
Amended by 2020 Tenn. Acts, ch. 593, Secs.s 4, s 5 eff. 3/20/2020.
Acts 1983, ch. 423, § 12; 1986, ch. 644, § 17; 1988, ch. 559, § 5; T.C.A., § 68-46-212.
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 68-212-213 - Violations - Criminal and civil penalties

(a)
Any person who:
(1)
Fails, neglects, or refuses to comply with a land use restriction filed pursuant to §
68-212-225
;
(2)
Fails to pay the fees authorized by this part;
(3)
Fails to file any reports, records or documents required pursuant to this part;
(4)
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;
(5)
Fails to provide information requested by the commissioner in the administration of this part; or
(6)
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.
(b)
In assessing a civil penalty, the following factors may be considered:
(1)
The harm done to the public health or the environment;
(2)
The economic benefit gained by the violators;
(3)
The amount of effort put forth by the violator to obtain compliance; and
(4)
Any unusual or extraordinary enforcement costs incurred by the commissioner.
Acts 1983, ch. 423, § 13; 1986, ch. 644, § 18; Acts 1989, ch. 591, § 112; T.C.A., § 68-46-213; Acts 2001, ch. 449, § 2; 2007 , ch. 362, §§ 23-25.
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 68-212-214 - Jurisdiction for civil proceedings

The jurisdiction for all civil proceedings under this part shall be in the chancery court of Davidson County.
Acts 1983, ch. 423, § 14; T.C.A., § 68-46-214.