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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-107 - Powers and duties of technical secretary

The technical secretary or such secretary's authorized representative has the power and duty to:
(1)
Attend all meetings of the board, but not be entitled to a vote;
(2)
Exercise general supervision over all persons employed by the board and by the air pollution control division or service of the department;
(3)
Make or cause to be made such investigations as the board may direct or authorize, or as may be warranted due to receipt of information concerning an alleged violation of this part or of any rule, regulation or order promulgated under this part; or as the technical secretary otherwise deems advisable, and for this purpose the technical secretary shall have the right to enter at all reasonable times in or upon any private or public property except private residences;
(4)
Endeavor to the fullest extent possible to obtain compliance with this part and with rules and regulations promulgated pursuant to this part by conference, conciliation and persuasion;
(5)
Issue formal notice of complaint and prosecute such complaints before the board;
(6)
Handle correspondence, keep records, prepare reports and perform such other duties as the board may direct or authorize or as may ensue as an employee of the department;
(7)
Initiate alert, warning and emergency action in accordance with emergency episode plans and procedures promulgated as rules or regulations by the board;
(8)
At the technical secretary's discretion, request the presence of an alleged violator of this part or of the regulations at an informal meeting of the staff of the division of air pollution control to show cause why further enforcement action ought not be taken by the department. The proceedings of this meeting need not be recorded; and
(9)
Establish an expedited review process for any permit filed by a combined heat and power plant or a recoverable waste energy plant as such plant is defined under Subtitle D of the 2007 Energy Independence and Security Act, P.L. 110-140, H.R. 6.
Amended by 2013 Tenn. Acts, ch. 181, s 2, eff. 7/1/2013.
Acts 1967, ch. 367, § 7; 1970, ch. 539, § 1; 1971, ch. 362, § 8; 1973, ch. 325, § 3; 1979, ch. 299, § 7; T.C.A., § 53-3414; Acts 1984, ch. 788, § 6; T.C.A., § 68-25-107; Acts 2008 , ch. 730, § 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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-109 - Emergency stop orders for air contaminant sources - Hearings

Any other law to the contrary notwithstanding, if the commissioner finds that emissions from the operation of one (1) or more air contaminant sources are causing imminent danger to human health and safety, the commissioner may, with the approval of the governor, order the person or persons responsible for the operation or operations in question, or the person or persons causing or contributing to the air pollution, to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the commissioner. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the commissioner shall affirm, modify or set aside the commissioner's previous order. The commissioner shall cause a transcript to be made of the proceedings in any such hearing, copies of which shall be made available to all parties affected, at a reasonable cost.
Acts 1967, ch. 367, § 9; T.C.A., § 53-3416; Acts 1984, ch. 788, § 9; T.C.A., § 68-25-109.
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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-110 - Judicial review

An appeal may be taken from any final order or other final determination pursuant to this part by any party, including the department, who is or may be adversely affected by such order or determination. Such appeals shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3; provided, that no hearing shall be allowed by the chancery court from any disposition made by the board if such disposition has become final as a result of a person's failure to appear at a hearing after having requested such hearing or after having received adequate notice.
Acts 1967, ch. 367, § 10; 1971, ch. 108, § 8; 1981, ch. 449, § 2; T.C.A., § 53-3417; Acts 1984, ch. 788, § 10; 1989, ch. 321, § 12; T.C.A., § 68-25-110.
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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-111 - Right of board or commissioner to injunctive relief

The board or commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any duly promulgated rule or regulation or of any order of the board.
Acts 1967, ch. 367, § 11; 1971, ch. 362, § 9; T.C.A., §§ 53-3418, 68-25-111.
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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-112 - Penalty for violations - Duty of district attorneys general - Abatement of public nuisance

(a)
Any person who knowingly:
(1)
Violates or fails to comply with any provision of this part, any board or administrative order, or any duly promulgated air pollution control regulation, or any ordinance adopted pursuant to this part or permit condition;
(2)
Makes any false material statement, representation, or certification in any record, report, plan or other document required by permit to be either filed or maintained;
(3)
Falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained or followed; or
(4)
Fails to pay a fee established by the air pollution control board;
commits a Class C misdemeanor with the fine not to exceed ten thousand dollars ($10,000) per day per violation. For the purpose of this section, each day of continued violation constitutes a separate offense and is punishable as such.
(b)
No warrant, presentment or indictment arising under this part shall be issued except upon application, authorized in writing, by the board, the commissioner, or either of them, or by a local pollution control program operating under a certificate of exemption pursuant to §
68-201-115
, for a violation within its jurisdiction.
(c)
It is the duty of the district attorneys general in the various judicial districts throughout the state to assist the board or commissioner, upon request, either by prosecuting or by assisting the board or the commissioner in prosecuting those persons the board or commissioner has reasonable cause to believe are violating any provision of this part or any rule or regulation duly promulgated in accordance with this part.
(d)
In addition and supplemental to any criminal action that may be prosecuted under this section, the board and commissioner have and are vested with jurisdiction and authority to determine whether or not any provision of this part, or rules or regulations adopted pursuant to this part, or any order of the board has been violated, and whether or not such violation constitutes a public nuisance. Upon such finding that a public nuisance exists, the board or commissioner has authority to abate any such public nuisance in the manner provided by the general law relating to the abatement of public nuisances.
Acts 1967, ch. 367, § 12; 1970, ch. 540, § 1; 1971, ch. 362, § 10; 1976, ch. 639, § 2; 1979, ch. 299, §§ 2, 7; 1979, ch. 422, § 17; T.C.A., § 53-3419; Acts 1989, ch. 591, § 113; T.C.A., § 68-25-112; Acts 1994, ch. 684, §§ 1, 2.
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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-113 - Existing civil or criminal remedies not impaired

No existing civil or criminal remedy for any wrongful action that is a violation of any provision of this part or that is a violation of any rule or regulation of the board promulgated under this part shall be impaired by this part.
Acts 1967, ch. 367, § 13; 1979, ch. 299, § 7; T.C.A., §§ 53-3420, 68-25-113.
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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-114 - Intent of remedies - Rights of action unaffected

The remedies provided for in this part are intended to provide additional and cumulative remedies to prevent, abate and control air pollution in this state. Nothing in this part shall be construed to abridge or alter any rights of action, civil or criminal, arising from statute, common law or equity.
Acts 1967, ch. 367, § 14; T.C.A., § 53-3421; Acts 1984, ch. 788, § 11; T.C.A., § 68-25-114.
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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-117 - Levy of noncompliance and nonpayment penalties - Suit for collection or assessment of penalty

The technical secretary, the board, and within their respective jurisdictions, the local pollution control programs operating under a certificate of exemption pursuant to §
68-201-115
are authorized to levy noncompliance and nonpayment penalties after appropriate notice and hearing, against any air contaminant source not in final compliance with the applicable Tennessee air pollution control regulations by July 1, 1979. The technical secretary, the board, and the duly exempted local pollution control programs are specifically authorized to accept enforcement responsibility for these civil penalties from the United States environmental protection agency. These penalties are to be equivalent to the economic value a person may realize by a delay in compliance beyond July 1, 1979, including the amount it would have cost the person to comply with all applicable air pollution control regulations had the person chosen to do so. The board shall promulgate regulations specifying the procedures to be used in calculating the penalty and providing for quarterly payment of annualized cost. The technical secretary, the board, and the duly exempted local pollution control programs shall consider the matters in § 120 of the federal Clean Air Act (
42 U.S.C. § 7420
) in their actions. The commissioner, the board, and the duly exempted local pollution control programs are also authorized to file suit for the assessment of the penalties as part of any other civil action brought under this part. The commissioner, the board, and the duly exempted local pollution control programs are authorized to file suit for collection or assessment of the civil penalty, along with other equitable relief pursuant to §
68-201-111
in the chancery courts of the county where the pollution is occurring or where the violator or polluter is doing business. The chancery court shall treat a failure to appeal a civil penalty assessment as a confession of judgment by the polluter or violator to the amount of the assessment; and the court is authorized to render judgment and provide for execution of such civil penalties. Such actions for civil penalties shall be triable without a jury.
Acts 1979, ch. 299, § 6; T.C.A., §§ 53-3424, 68-25-117.
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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-119 - Rules regarding vehicle inspection and maintenance program

(a)
The Tennessee air pollution control board shall promulgate rules that:
(1)
Specify the type of vehicle inspection and maintenance program to be established and implemented; and
(2)
Establish that the inspection associated with the vehicle inspection and maintenance program will occur on an annual basis in connection with vehicle registration renewal.
(b)
(1)
Notwithstanding subsection (a) or any other law to the contrary, no inspection and maintenance program shall be employed in this state on or after the effective date of this subsection (b) [see Compiler's Notes], except in accordance with subsection (c).
(2)
If at any time under the federal Clean Air Act (
42 U.S.C. § 7401
et seq.) an inspection and maintenance program is mandated instead of available as a voluntary state implementation plan measure in any county of this state, then subdivision (b)(1) shall not apply in that county.
(c)
An inspection and maintenance program may be employed in a county that, on May 15, 2018, has a local air pollution control program and implements its own inspection and maintenance program, if the county authorizes the continuation of its own inspection and maintenance program by action of its governing body; provided, that in order to authorize the continuation of the inspection and maintenance program, the governing body must authorize the continuation within thirty (30) days of May 15, 2018, and the presiding officer of the county governing body must furnish a certified copy of the approved resolution to the technical secretary of the air pollution control board within sixty (60) days of May 15, 2018.
(d)
Any new contract between the department or a local government and a contractor providing inspection services, any new contract between a local government and the department relative to the inspection and maintenance program, and any renewals of such contracts occurring after May 15, 2018, shall include a provision stating that the contract must conform to any changes in state law. Any existing contracts as described in this section shall be amended to include a provision stating that the contract must conform to any changes in state law.
Amended by 2018 Tenn. Acts, ch. 953, s 1, eff. 120 days following the date on which the U.S. EPA approves a revised state implementation plan consistent with this act.
Acts 2004, ch. 926, § 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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 1 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-121) › Section 68-201-120 - Removal or rendering inoperative emission control devices from motor vehicles

It is unlawful for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under the federal Clean Air Act (
42 U.S.C. § 7401
et seq.) prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser.
Acts 2004, ch. 926, § 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 201 - TENNESSEE AIR QUALITY ACT (§§ 68-201-NEW — 68-201-203) › Part 2 - MISCELLANEOUS PROVISIONS (§§ 68-201-201 — 68-201-203) › Section 68-201-202 - Local ordinances

(a)
Any city, town or county having a population of six hundred thousand (600,000) or more, according to the federal census of 1960 or any subsequent federal census, is authorized to enact, by its chief legislative body, ordinances or regulations not less stringent than part 1 of this chapter. A violation of any of the ordinances or enactments of the chief legislative body is punishable as a Class A misdemeanor.
(b)
Actions taken in accordance with this section shall be conducted in accordance with the Major Energy Project Act of 1981, compiled in title 13, chapter 18, when the action involves a major energy project, as defined in §
13-18-102
.
Acts 1969, ch. 89, § 1; 1979, ch. 299, §§ 3, 7; T.C.A., § 53-3423; Acts 1981, ch. 131, § 30; T.C.A., §§ 53-3426, 68-25-202; Acts 1989, ch. 591, §§ 1, 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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 1 - ATOMIC ENERGY GENERALLY (§§ 68-202-101 — 68-202-105) › Section 68-202-101 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation;
(2)
"By-product material" means any radioactive materials, except special nuclear materials, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear materials;
(3)
"Production facility" means:
(A)
Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or
(B)
Any important component part especially designed for such equipment or device.
(4)
"Radiation" means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared, or ultraviolet light;
(5)
"Source material" means any material other than special nuclear material which contains by weight one-twentieth of one percent (0.05%) or more of:
(A)
Uranium;
(B)
Thorium; or
(C)
Any combination thereof;
(6)
"Special nuclear material" means:
(A)
Plutonium and uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States atomic energy commission has determined the material to be such; or
(B)
Any material artificially enriched by any of the foregoing; and
(7)
"Utilization facility" means:
(A)
Any equipment or device, except an atomic weapon, capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or
(B)
Any important component part especially designed for such equipment or device.
Acts 1957, ch. 324, § 2; 1961, ch. 10, § 1; T.C.A., §§ 53-3101, 68-23-101.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 1 - ATOMIC ENERGY GENERALLY (§§ 68-202-101 — 68-202-105) › Section 68-202-102 - United States licenses or permits required

No person shall manufacture, construct, produce, transfer, acquire or possess any special nuclear material, by-product material, production facility, or utilization facility or act as an operator of a production or utilization facility within this state unless such person shall have first obtained a license or permit for the activity in which such person proposes to engage from the United States atomic energy commission if, pursuant to the Atomic Energy Act of 1954 (
42 U.S.C. § 2011
et seq.), the commission requires a license or permit to be obtained by persons proposing to engage in such activities.
Acts 1957, ch. 324, § 3; T.C.A., §§ 53-3102, 68-23-102.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 1 - ATOMIC ENERGY GENERALLY (§§ 68-202-101 — 68-202-105) › Section 68-202-103 - Conduct of studies concerning changes in laws and regulations concerning atomic energy and other forms of radiation

(a)
The governor may direct any or all of the departments and agencies of the state to conduct studies or otherwise obtain competent guidance as to the need, if any, for changes in the laws and regulations administered by it that would arise from the presence within the state of special nuclear by-product, and radioactive materials, from the operation therein of production or utilization facilities, and from the generation of radiation, and, on the basis of such studies or guidance, to make such recommendations for the enactment of laws or amendments to laws administered by them, and to promulgate such amendments to the regulations issued by them, as may appear necessary and appropriate.
(b)
The governor is authorized, at the governor's discretion, to enter into a written agreement or agreements with the atomic energy commission or other agencies of the government of the United States relating to the regulation of by-products, source materials, or special nuclear material and other material within the scope of this part.
Acts 1957, ch. 324, § 4; 1961, ch. 10, § 2; T.C.A., §§ 53-3103, 68-23-103.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 1 - ATOMIC ENERGY GENERALLY (§§ 68-202-101 — 68-202-105) › Section 68-202-104 - Monitoring radioactive truck traffic

(a)
The commissioner of environment and conservation is directed to purchase and make available twelve (12) portable radiation monitoring devices to be utilized at the inspection stations in Knox, Coffee, Haywood and Robertson counties.
(b)
The department of safety is directed to make available sufficient manpower to utilize such equipment in a manner necessary to provide a practical monitoring program of radioactive truck traffic in this state.
(c)
The Tennessee emergency management agency is directed to provide a training program in the scope and frequency necessary to assure that the commission personnel are properly trained to effectively utilize the equipment in the monitoring program.
Acts 1980, ch. 698, §§ 1, 2, 3; impl. am. Acts 1981, ch. 336, § 3; T.C.A., §§ 53-3104, 68-23-104; Acts 1995, ch. 305, § 131.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 1 - ATOMIC ENERGY GENERALLY (§§ 68-202-101 — 68-202-105) › Section 68-202-105 - Cooperation between agencies and groups

The heads of the appropriate agencies may cooperate with the federal government and/or appropriate regional groups in the administration of this part or any matter pertaining thereto.
Acts 1957, ch. 324, § 6; T.C.A., §§ 53-3105, 68-23-105.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-201 - Short title

This part shall be known and may be cited as the "Radiological Health Service Act."
Acts 1959, ch. 66, § 1; T.C.A., §§ 53-3301, 68-23-201.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"By-product material" refers to any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2)
"Commissioner" means the commissioner of environment and conservation or the commissioner's designated representative;
(3)
"Department" refers to the department of environment and conservation;
(4)
"Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government;
(5)
"Radiation" includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and X-rays; alpha and beta particles; electrons, neutrons, and protons; and other nuclear particles, but not radio waves or visible, infrared or ultraviolet light;
(6)
"Radiation machine" refers to apparatus which produces or may produce when the associated controls are operated, one (1) or more forms of radiation;
(7)
"Radiation source" includes material which emits radiation spontaneously, or apparatus which produces, or may produce when the associated controls are operated, one (1) or more forms of radiation;
(8)
"Radioactive material" refers to any material, solid, liquid, or gas, which emits radiation spontaneously;
(9)
(A)
"Source material" means:
(i)
Uranium or thorium, or any combination thereof, in any physical or chemical form; or
(ii)
Ores which contain by weight one-twentieth of one percent (0.05%) or more of:
(a)
Uranium;
(b)
Thorium; or
(c)
Any combinations thereof;
(B)
"Source material" does not include special nuclear material; and
(10)
"Special nuclear material" means uranium enriched in the isotope U-235 in quantities not exceeding three hundred fifty (350) grams of contained U-235, U-233 in quantities not exceeding two hundred (200) grams, plutonium in quantities not exceeding two hundred (200) grams; or any combination of them in accordance with the following formula: for each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear material in combination shall not exceed "1."
Acts 1959, ch. 66, § 2; 1971, ch. 42, §§ 1-6; 1982, ch. 693, § 1; T.C.A., § 53-3302; Acts 1986, ch. 569, § 6; T.C.A., § 68-23-202.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-203 - Radiological health service - Creation - Functions

(a)
The commissioner is authorized and empowered to create and maintain within the department a section to be known as the radiological health service. The functions of this service include:
(1)
The collection of information pertaining to radiological health and the dissemination of such to persons or groups of persons interested in radiation;
(2)
The encouragement, participation in, and the conducting of studies, training, research and demonstrations relating to the control of radiation hazards; the study of the effects on health of exposure to radiation and related problems as it may deem necessary or advisable for the discharge of its duties under this part;
(3)
The application of controls and regulations with respect to radiological safety to protect the health and well-being of people in the state;
(4)
The requirement of reporting of unexpected or otherwise unplanned incidents of excessive exposure as the rules and regulations may direct, and to take such immediate steps as may be necessary to cope with the resultant hazards; and
(5)
The measurement of radiation and the monitoring and surveillance of the environment for radioactive materials.
(b)
Nothing in this part or in rules promulgated pursuant hereto shall be construed to limit the kind or amount of radiation that may be intentionally applied to an individual for purposes of medical diagnosis or therapy, by or under the direction of duly licensed members of the healing arts, when practicing within the limits of their respective callings as fixed by law, but only if such users are registered under §
68-202-208
or licensed as provided for by §
68-202-206
.
Acts 1959, ch. 66, § 3; 1963, ch. 60, § 1; 1971, ch. 42, § 7; 1976, ch. 405, § 1; T.C.A., §§ 53-3303, 68-202-203.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-204 - Cooperation with governmental agencies authorized

Except as otherwise provided by law, the department is authorized to cooperate with municipal, state, interstate and federal agencies in the administration of this part and in the execution of programs to protect the people from unnecessary or harmful radiation and to promote the peaceful uses of atomic energy and other forms of radiation consistent with the health and well being of people.
Acts 1959, ch. 66, § 4; T.C.A., §§ 53-3304, 68-23-204.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-205 - Expenditures

For the purpose of carrying out this part, the department is authorized to expend such funds as may be made available for this purpose through state legislative appropriation, federal grant-in-aid or gifts or donations made to the department specifically for this purpose.
Acts 1959, ch. 66, § 5; T.C.A., §§ 53-3305, 68-23-205.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-206 - Rules and regulations - Conflicting local ordinances, resolutions or regulations

(a)
The commissioner is authorized to promulgate and adopt such rules and regulations as are required elsewhere in this part or are otherwise necessary or desirable to implement this part. Such rules and regulations shall include:
(1)
Requirements and standards regarding the manufacture, use, receipt, possession, storage and disposal of radiation sources;
(2)
Licensing requirements and standards regarding the packaging or containerization, loading of transport vehicles and shipping of radioactive materials to a licensee in Tennessee;
(3)
Requirements and procedures governing application for and issuance, renewal, modification, suspension, revocation or denial of licenses to persons who use, receive, possess, store or dispose of by-product, source and special nuclear, and other radioactive sources; and
(4)
Provision for the assessment and collection of fees for processing, issuance, maintenance or modification of licenses as provided in this part.
(b)
No ordinance, resolution or regulation concerning control of sources of ionizing radiation adopted by any municipality, county or local board of health shall be in conflict with this part or rules or regulations adopted pursuant thereto.
Acts 1959, ch. 66, § 6; 1961, ch. 9, §§ 1, 2; 1971, ch. 42, § 8; 1976, ch. 405, § 2; T.C.A., § 53-3306; Acts 1986, ch. 569, § 1; T.C.A., § 68-23-206.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-207 - Inspection and examination of radiation sources

The commissioner is authorized to make such inspections and examinations of the manufacture, use, receipt, possession, storage and disposal of radiation sources which are subject to this part as the commissioner deems proper, and for this purpose has the right to enter at any reasonable hour upon any premises for such inspection or examination. Any person obstructing such entry is in violation of this part.
Acts 1959, ch. 66, § 7; 1973, ch. 325, §§ 1, 2; 1982, ch. 693, § 2; T.C.A., §§ 53-3307, 68-23-207.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-208 - Registration by owner or possessor of radiation machines - Exceptions

(a)
Every person receiving ownership or possession of one (1) or more radiation machines shall register with the radiological health service within ten (10) days of such receipt on forms to be provided for this purpose.
(b)
Any change in ownership, location, or use of any radiation machine, or any extension, modification, alteration or termination of such machine for any person required to register under this part, constitutes a revocation of such existing registration. Such person will then be required to register as provided in subsection (a).
(c)
Persons receiving or making periodic shipments or transportation of radiation machines shall be considered as complying with the registration provisions of this part; provided, that a reasonable estimate and description of such shipments as to quantity, frequency, and location are incorporated in the registration data filed with the radiological health service; and provided further, that a complete record of the receipt and disposition of such machines is maintained at a location within this state and that such records shall be available to the commissioner for the commissioner's inspection.
Acts 1959, ch. 66, § 8; 1971, ch. 42, §§ 9, 10; T.C.A., §§ 53-3309, 68-23-208.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-209 - Exemptions from registration

No person shall be required to register due to the ownership or possession of the following:
(1)
Electrical equipment not primarily intended to produce radiation and which does not produce radiation at any point which may be occupied by a person at a rate exceeding three-fourths (3/4) of one (1) milliroentgen per hour;
(2)
Radiation machines which are deemed to be totally unusable except for salvage parts;
(3)
Radiation machines being transported in conformity with regulations adopted by any federal agency having jurisdiction over safety during transportation;
(4)
Such other radiation machines as may be exempted by the rules and regulations promulgated under this part, if such sources are known or proven by competent scientific analysis to be without hazard; or
(5)
Radiation sources which may be licensed as provided for by §
68-202-206
.
Acts 1959, ch. 66, § 9; 1963, ch. 60, § 2; 1971, ch. 42, §§ 11, 12; 1982, ch. 946, § 7; T.C.A., §§ 53-3310, 68-23-209.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-210 - Information obtained inadmissible in evidence in certain actions

Information obtained from studies made in accordance with this part shall not be admissible in evidence in any action at law to recover damages for personal injury or in any action under the Workers' Compensation Law, compiled in title 50, chapter 6.
Acts 1959, ch. 66, § 10; impl. am. Acts 1980, ch. 534, § 1; T.C.A., §§ 53-3311, 68-23-210.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-211 - Provisions supplemental

This part shall not be construed as repealing any laws of this state relating to radiation sources or exposures, radiation protection or professional licenses but shall be held and construed as auxiliary and supplementary thereto.
Acts 1959, ch. 66, § 12; T.C.A., §§ 53-3313, 68-23-211.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-213 - Injunctions

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by 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 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-213.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-214 - Show cause meetings - Written complaints - Emergency orders

(a)
Upon receipt of information that any person is or may be in violation of any of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing no later than thirty (30) days after the date such order is served.
(c)
Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-214.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-215 - Operators of radiation machines

(a)
This section applies to operators of radiation machines used for medical purposes on human beings ("medical radiation machines") and is supplementary to the other provisions of this chapter.
(b)
During the course of conducting inspections of medical radiation machines, the department shall determine if the operator of such equipment is required by law to be certified by any of the following boards or agencies:
(1)
The Tennessee board of medical examiners;
(2)
The Tennessee board of dentistry;
(3)
The Tennessee board of chiropractic examiners;
(4)
American registry of radiologic technologists;
(5)
American registry of clinical radiography technologists; and
(6)
Any other professional licensing board of this state which obtains the authority to issue certificates.
(c)
(1)
If any licensee of a professional board permits an employee to operate or supervise the operation of medical radiation equipment by an operator who does not possess a current certificate issued by the appropriate board or agency, then the appropriate professional licensing board shall consider such action to be grounds for a finding of unprofessional conduct and may discipline accordingly.
(2)
If an individual violates this section more than once, registration of the medical radiation machine will be withheld until the department is notified by the appropriate regulatory board that the operator possesses a current certificate. All regulatory boards' rules and regulations pertaining to medical radiation equipment must receive approval by the commissioner prior to promulgation.
(d)
(1)
Any operator who has applied for and is awaiting examination by one of the boards or agencies listed in subsection (b) shall be permitted to operate medical radiation machines for a period of not to exceed one (1) year.
(2)
Students enrolled in radiography training courses offered in accredited hospitals and institutions of higher education or programs acceptable to one of the boards or agencies listed in subsection (b) shall be permitted to operate medical radiation machines only as required by such training and while supervised by instructors.
Acts 1984, ch. 767, § 1; 1986, ch. 823, § 1; T.C.A. § 68-23-215.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 2 - RADIOLOGICAL HEALTH SERVICE ACT (§§ 68-202-201 — 68-202-217) › Section 68-202-217 - Confidentiality of proprietary information

The commissioner shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is kept confidential and is not revealed to any person without the consent of the person supplying such information; except that such information may be utilized by the commissioner, the department, the United States nuclear regulatory commission, other appropriate federal agencies, or as necessary to comply with applicable federal law. The commissioner shall establish procedures that proprietary information will be maintained in a manner consistent with applicable federal law. Proprietary information shall not include the name and address of license applicants.
Acts 1986, ch. 569, § 5; T.C.A., 68-23-217.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-301 - Part definitions

The following definitions apply in the interpretation and enforcement of this part:
(1)
"Commissioner" refers to the commissioner of environment and conservation or the commissioner's designated representative;
(2)
"Department" refers to the department of environment and conservation;
(3)
"Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government;
(4)
"Radiation" includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and x-rays; alpha and beta particles; electrons, neutrons and protons; and other nuclear particles but not radio waves or visible, infrared or ultraviolet light; and
(5)
"Radiation source" includes material which emits radiation spontaneously, or apparatus which produces, or may produce when the associated controls are operated, one (1) or more forms of radiation.
Acts 1974, ch. 678, § 1; T.C.A., § 53-3314; Acts 1986, ch. 569, § 6; T.C.A., § 68-23-301.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-302 - Inspection for dangerous radiation sources

The commissioner may, upon the commissioner's own initiative or upon the complaint in writing of any citizen, inspect any property within the commissioner's jurisdiction for the presence of dangerous and improperly safeguarded radiation sources.
Acts 1974, ch. 678, § 2; 1980, ch. 668, § 1; T.C.A., §§ 53-3315, 68-23-302.
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 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-303 - Order for removal or remedy

If the inspection reveals the presence of such dangerous and improperly safeguarded radiation sources, the commissioner shall issue an emergency order demanding the same be removed and properly disposed of or the situation otherwise remedied and such order shall be complied with immediately.
Acts 1974, ch. 678, § 3; T.C.A., §§ 53-3316, 68-23-303.