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 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-114 - Order for correction - Liability

(a)
When the commissioner finds upon investigation that any provisions of this chapter are not being carried out, and that effective measures are not being taken to comply with this chapter, the commissioner may issue an order for correction to the responsible party, and this order shall be complied with within the time limit specified in the order. The commissioner may issue an order to a responsible party to close the UST system under its ownership or control or use the petroleum underground storage tank fund to permanently close the UST system and seek cost recovery if the commissioner determines:
(1)
That the tank system has not been brought into compliance within six (6) months of being prohibited from receiving petroleum pursuant to §
68-215-106(c)
; or
(2)
That all fees, penalties, and interest have not been paid on a tank at the time tank fees for the following year are payable.
(b)
Such order shall be made by personal service or shall be sent by certified mail. Investigations made in accordance with this section may be made on the initiative of the commissioner, including any violation of this chapter or regulations promulgated pursuant to this chapter. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of an alleged violator of this chapter to a meeting to show cause why enforcement action ought not be taken by the department. Any person may request a meeting with the department to discuss matters pertaining to petroleum underground storage tanks.
(c)
Responsible parties shall be liable to the state for costs of investigation, identification, containment and cleanup, including monitoring and maintenance, as provided in this chapter. Owners and/or operators of petroleum underground storage tanks with respect to releases eligible for fund reimbursement shall be liable for all costs not covered by the fund. Petroleum site owners with respect to releases eligible for fund reimbursement shall be secondarily liable for all costs not covered by the fund. All other owners and/or operators of petroleum underground storage tanks and petroleum site owners shall be liable for all costs, as provided in this chapter. Notwithstanding the foregoing, nothing in this section shall prevent the reimbursement of expenditures for investigation, identification, containment and cleanup, including monitoring and maintenance incurred by tank owners and operators or petroleum site owners pursuant to §
68-215-111
.
Acts 1988, ch. 984, § 16; T.C.A., § 68-53-114; Acts 2010 , ch. 903, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-116 - Failure to take proper action

Any responsible party who fails without sufficient cause to properly provide for removal of petroleum or remedial action upon order of the commissioner pursuant to this chapter may be liable to the state for a penalty in an amount equal to one hundred fifty percent (150%) of the amount of any costs incurred by the fund as a result of such failure to take proper action. The commissioner may recover this penalty in an action commenced under §
68-215-115
or in a separate civil action, and such penalty shall be in addition to any costs recovered from such responsible party pursuant to this chapter. Any penalty awarded pursuant to this section shall be deposited into the fund.
Acts 1988, ch. 984, § 18; T.C.A., § 68-53-116.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-117 - Immunity from liability - Exceptions

No person shall be liable under this chapter for damages as a result of actions taken or omitted in the course of rendering care, assistance or advice at the direction of an on-scene coordinator appointed by the commissioner, with respect to an incident creating a danger to the public health or welfare or the environment as a result of any release of petroleum substances or the threat thereof. This section shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person or for reckless, willful, or wanton misconduct.
Acts 1988, ch. 984, § 19; T.C.A., § 68-53-117.
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 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-118 - Compliance by governmental entities

Each department, agency or instrumentality of the executive, legislative, and judicial branches of the federal government and the state government shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any non-governmental entity, including liability under §§
68-215-114
- 68-215-117.
Acts 1988, ch. 984, § 20; T.C.A., § 68-53-118.
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 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-120 - Criminal penalties

(a)
Any person violating, failing to, neglecting to, or refusing to comply with any of §
68-215-104
, commits a Class C misdemeanor. Each day upon which such violation occurs constitutes a separate offense.
(b)
Any person who knowingly tampers with or disables a release detection or prevention device associated with an underground storage tank, or who knowingly causes or allows a release of petroleum into the environment in violation of this chapter, rules, regulations or orders of the commissioner or board commits a Class E felony; provided, however, that, if such release results in an expenditure for cleanup by any other person or from the fund, the offense shall be graded for such expenditure in the same manner as theft under §
39-14-105(a)(2)-(5)
.
Acts 1988, ch. 984, § 22; T.C.A., § 68-53-120; Acts 1989, ch. 591, §§ 1, 6; 2004, ch. 925, § 9; 2005, ch. 283, § 8; 2008 , ch. 794, § 13.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-122 - Injunctions

In addition to the penalties provided elsewhere in this chapter, the commissioner may cause the enforcement of any orders, rules, or regulations issued by the commissioner or the board to carry out this chapter by instituting legal proceedings to enjoin the actual or threatened violation of this chapter, and the order, and regulations of the commissioner or orders of the board in the chancery court of Davidson County or in the county where all or part of the violation 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 will not be tried by jury.
Acts 1988, ch. 984, § 24; T.C.A., § 68-53-122.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-123 - Complaints - Hearings - Appeals

(a)
(1)
Any person may file with the commissioner or board a signed sworn complaint against any person allegedly violating any provisions of this chapter. 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 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.
(2)
If either the complainant or the alleged violator believes the commissioner's or board's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing by filing a petition for review. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner or board. When such a petition is timely filed, the procedure for conducting the contested case shall be in accordance with §
68-215-119(b)
.
(3)
If the commissioner fails to take the action stated in the commissioner's 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.
(4)
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 complainant's complaint.
(b)
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 12, eff. 7/1/2013.
Acts 1988, ch. 984, § 25; T.C.A., § 68-53-123.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-124 - Exemptions

Exempted from this chapter are:
(1)
Septic tanks;
(2)
Farm or residential tanks of one thousand one hundred gallons (1,100 gal.) or less used for storing motor fuel for noncommercial purposes;
(3)
Tanks used for storing heating oil for consumption on the premises where stored;
(4)
Pipeline facilities (including gathering lines) regulated under:
(A)
The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Appx. § 60101 et seq.);
(B)
The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Appx. § 60101 et seq.); or
(C)
State laws comparable to the law referred to in subdivision (4)(A) or (4)(B), if it is an intrastate pipeline;
(5)
Surface impoundments, pits, ponds, or lagoons;
(6)
Storm water or waste water collection systems;
(7)
Flow-through process tanks;
(8)
Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;
(9)
Petroleum storage tanks situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor; and
(10)
Pipes or connections connected to exempted tanks.
Acts 1988, ch. 984, § 4; T.C.A., § 68-53-124.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-125 - Fund not deemed to be insurance

Notwithstanding any other law to the contrary, the petroleum underground storage tank fund shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of or be entitled to claim against the Tennessee insurance guaranty association created under title 56, chapter 12.
Acts 1988, ch. 984, § 27; T.C.A., § 68-53-125.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-126 - Preemption of local regulation - Exception

The Tennessee Petroleum Underground Storage Tank Act and the regulations promulgated pursuant to this chapter shall take precedence over all existing county, city, and/or municipal laws and/or regulations concerning petroleum underground storage tanks, except in situations where local laws/regulations are both more stringent and in effect on July 1, 1988.
Acts 1988, ch. 984, § 28; T.C.A., § 68-53-126.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-127 - Exclusivity of provisions

(a)
Notwithstanding any provision of law to the contrary, all releases of petroleum or petroleum products from petroleum underground storage tanks shall be solely and exclusively regulated pursuant to this chapter and rules and regulations promulgated to implement this chapter.
(b)
Notwithstanding any provision of law to the contrary, all releases of petroleum or petroleum products that by request or directive of the department require a clean-up response under state law shall be solely and exclusively subject to the soil and groundwater classification and clean-up criteria promulgated hereunder. For purposes of the preceding sentence, "soil and groundwater classification and clean-up criteria" refers to the procedures, methods and levels developed to determine appropriate clean-up levels for soil and groundwater, including, without limitation, the classification of soil and groundwater by use, quality or other category, the manner of establishing a site-specific cleanup standard and promulgated clean-up levels. "Soil and groundwater classification and clean-up criteria," however, does not include the procedures and methods of conducting an investigation, such as determining the extent of contamination, or a cleanup, such as the selection, design or implementation of a remedy. The soil and groundwater classification and clean-up criteria shall be applied by all the divisions of the department pursuant to any applicable law.
Acts 1988, ch. 984, § 29; T.C.A., § 68-53-127; Acts 1996, ch. 864, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-129 - Cleanup contracts - Requirements

(a)
Any person who contracts to provide investigation, identification, containment, cleanup, monitoring or maintenance of a petroleum site pursuant to this chapter shall be subject to the following requirements:
(1)
All contracts for such services shall be in writing and shall be signed by the owner, operator or other party obligated to pay for such services;
(2)
All such contracts shall clearly indicate which charges are required by the department to remediate the petroleum site to acceptable state standards and which charges are associated with work performed for tasks other than the remediation of the petroleum site to acceptable state standards; and
(3)
All such contracts shall include an express agreement that is clearly denoted by bold style type or other clearly distinguishable print and that requires the obligated party to initial or execute by a second signature, which agreement shall denote the obligated party's authorization or agreement to pay for all costs for work other than remediation of the petroleum site to acceptable state standards.
(b)
Any person who fails to comply with this section shall not be entitled to receive any reimbursement from the fund until compliance with this section is demonstrated to the satisfaction of the department.
(c)
This section shall only apply to contracts or agreements entered into, renewed or extended after June 30, 1997.
Acts 1997, ch. 444, § 3; 2008, ch. 794, § 14.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 1 - GENERAL PROVISIONS (§§ 68-215-101 — 68-215-130) › Section 68-215-130 - [Repealed]

Repealed by 2015 Tenn. Acts, ch. 292, s 8, eff. 7/1/2015.
Acts 2005, ch. 283, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 215 - TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK ACT (§§ 68-215-101 — 68-215-204) › Part 2 - INDICIA OF OWNERSHIP (§§ 68-215-201 — 68-215-204) › Section 68-215-202 - Ownership of petroleum site or petroleum underground storage tank or property on which a petroleum site or petroleum underground storage tank is located

A holder is not an "owner" of a petroleum site or a petroleum underground storage tank or UST system, for purposes of compliance with the underground storage tank technical standards, corrective action requirements and financial responsibility requirements; provided, that party does not participate in the management of the petroleum underground storage tank as defined in this part and does not engage in petroleum production, refining and marketing.
Acts 1996, ch. 733, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 216 - TENNESSEE OIL SPILL CLEANUP AND ENVIRONMENTAL PRESERVATION ACT OF 1995 (§§ 68-216-101 — 68-216-103) › Section 68-216-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Oil Spill Cleanup and Environmental Preservation Act of 1995."
Acts 1995, ch. 44, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 216 - TENNESSEE OIL SPILL CLEANUP AND ENVIRONMENTAL PRESERVATION ACT OF 1995 (§§ 68-216-101 — 68-216-103) › Section 68-216-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;
(2)
"Discharge" means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(3)
"Federal on-scene coordinator" means the federal official designated by the lead agency or predesignated by the environmental protection agency (EPA) or the coast guard to coordinate and direct responses under the National Contingency Plan;
(4)
"National Contingency Plan" means the National Contingency Plan prepared and published under § 311(d) of the federal Water Pollution Control Act (
33 U.S.C. § 1321(d)
), as amended by the Oil Pollution Act of 1990, (101 P.L. 380, 104 Stat. 484) (
33 U.S.C. § 2701
et seq.);
(5)
"Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
(6)
"Person" means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body;
(7)
"Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident;
(8)
"Remove" or "removal" means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; and
(9)
"Responsible party" means a responsible party as defined under § 1001 of the Oil Pollution Act of 1990 (
33 U.S.C. § 2701
).
Acts 1995, ch. 44, § 2.
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 216 - TENNESSEE OIL SPILL CLEANUP AND ENVIRONMENTAL PRESERVATION ACT OF 1995 (§§ 68-216-101 — 68-216-103) › Section 68-216-103 - Exemption from liability for cleanups related to National Contingency Plan

(a)
Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response.
(b)
Subsection (a) does not apply:
(1)
To a responsible party;
(2)
With respect to personal injury or wrongful death; or
(3)
If the person is grossly negligent or engages in willful misconduct.
(c)
A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (a).
Acts 1995, ch. 44, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Drycleaner's Environmental Response Act."
Acts 1995, ch. 541, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-103 - Response fund

(a)
There is established the "drycleaner environmental response fund" to provide a source of funds for the implementation of this chapter.
(b)
The expenses of administering the fund, including staff to implement this chapter, shall be paid from the money in the fund.
(c)
The state treasurer shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds are invested. Interest that accrues from these investments shall be deposited in the fund.
(d)
The sources of money for the fund are as follows:
(1)
Registration fees and drycleaning solvent surcharges paid under §
68-217-106
;
(2)
Any appropriations made by the general assembly;
(3)
Penalties collected pursuant to this chapter;
(4)
Gifts, grants, and donations intended for deposit in the fund; and
(5)
Any federal funds made available under similar federal legislation, or any other federal program.
(e)
Any unencumbered moneys and any unexpended balance of the 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 chapter.
(f)
All claims against the fund shall be expressly and exclusively obligations of the fund only and not of the state, and any amounts required to be paid under this section are subject to the availability of sufficient moneys in the fund. The full faith and credit of the state shall not in any way be pledged or considered to be available to guarantee payment from such fund.
(g)
Notwithstanding any other law to the contrary, the drycleaner environmental response fund shall not be considered an insurance company or insurer under the laws of this state, and shall not be a member of nor be entitled to claim against the Tennessee insurance guaranty association created under title 56, chapter 12.
Acts 1995, ch. 541, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-104 - Creation of program - Advisory committee

(a)
The drycleaner environmental response program is created within the department, in the division of remediation.
(b)
From time to time the commissioner may appoint a drycleaners advisory committee that shall advise the commissioner on matters related to the drycleaner environmental response program, including, but not limited to, proposed rules and changes to fees. The commissioner may determine the identity and number of committee members and the term during which the committee will operate. When appointing members the commissioner shall consider the nature of the issues that are relevant to the charge given to the committee. The commissioner shall appoint persons from affected interests, which may include large and small drycleaners, facilities that use or have used dense non-aqueous solvent, facilities that use or have only used light non-aqueous solvent, property owners where drycleaners are located, and environmental interests. No member of the committee is entitled to a salary for duties performed as a member of the committee and no member of the committee is entitled to reimbursement for travel or other expenses incurred in the performance of the member's official duties.
Amended by 2014 Tenn. Acts, ch. 976,s 2, eff. 5/22/2014.
Acts 1995, ch. 541, § 4; 1996, ch. 860, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-107 - Reimbursement from fund

(a)
An owner or operator of a drycleaning facility, or in-state wholesale distribution facility, the current or prior owner or operator of an abandoned drycleaning facility, or an impacted third party may seek reimbursement from the fund for response costs above the applicable deductible set forth in §
68-217-106(k)
incurred in connection with a release from a drycleaning facility, in-state wholesale distribution facility or abandoned drycleaning facility in accordance with regulations established by the commissioner.
(b)
The commissioner may not authorize the expenditure of funds from the fund in excess of two hundred thousand dollars ($200,000) per year for releases from any individual drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, nor authorize a distribution of monies from the fund that would result in a diminution of the fund below a balance of one hundred thousand dollars ($100,000) unless an emergency exists at a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility that constitutes an imminent and substantial threat to human health or the environment. In the event of an emergency as described in this subsection (b), the commissioner shall approve the reimbursement of reasonable response costs to remove the imminent and substantial threat to human health or the environment.
(c)
The commissioner shall not authorize distribution of fund monies to:
(1)
Sites that are contaminated by solvents normally used in drycleaning operations where the contamination at such sites did not result from the operation of a drycleaning facility, abandoned drycleaning facility, or an in-state wholesale distribution facility;
(2)
Sites that are not drycleaning facilities, in-state wholesale distribution facilities, or abandoned drycleaning facilities, that are contaminated by a release that results from drycleaning solvents being transported to or from a drycleaning facility or in-state distribution facility; or
(3)
Any property contaminated by a release from a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, that has been identified by the United States environmental protection agency (EPA) as a federal superfund site pursuant to 40 CFR Part 300 et seq., except that the commissioner may authorize distribution of the required state match up to two hundred thousand dollars ($200,000) per year per site; or
(4)
Any drycleaning facility which has obtained a permit pursuant to the Resource Conservation and Recovery Act (RCRA) (
42 U.S.C. § 6901
et seq.).
Amended by 2014 Tenn. Acts, ch. 976,s 9, eff. 5/22/2014.
Acts 1995, ch. 541, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-108 - Refusal to pay registration fees or surcharges

(a)
Upon failure or refusal of a seller of drycleaning solvent, an owner or operator of a drycleaning facility, an in-state wholesale distribution facility, or the current or prior owner or operator of an abandoned drycleaning facility, subject to payment by regulation, to pay a registration fee or solvent surcharge, lawfully levied within a reasonable time allowed by the commissioner, the commissioner may proceed in the court of competent jurisdiction to obtain judgment and seek execution of such judgment.
(b)
Any person who fails or refuses to pay a lawfully levied registration fee or solvent surcharge or any part of that registration fee or solvent surcharge by its due date shall be assessed a penalty of up to fifty dollars ($50.00) for each day that passes after the fee or surcharge is due and before such fee or surcharge is paid. Nothing in this section shall be construed as requiring the issuance of a commissioner's order for the payment of a registration fee or a late payment penalty.
(c)
No owner or operator shall receive a registration certificate as required under §
68-217-106(a)
until all fees, surcharges and penalties required by this chapter are paid in full.
Acts 1995, ch. 541, § 8; 1996, ch. 860, §§ 7-11; 2002, ch. 598, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-109 - Administrative costs

The fund shall be available to the commissioner for reasonable administrative expenditures associated with administering the fund.
Amended by 2014 Tenn. Acts, ch. 976,s 10, eff. 5/22/2014.
Acts 1995, ch. 541, § 9.
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 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-110 - Rulemaking

The commissioner shall promulgate, after public notice and an opportunity for comment, regulations to implement the duties and responsibilities as set forth in §
68-217-105
, including, but not limited to, standards for evaluating releases of drycleaning solvent at or from affected drycleaning facilities, in-state wholesale distribution facilities, or abandoned drycleaning facilities and for determining what, if any, response action is necessary for any such release and standardized methods and techniques for responding to such releases and appropriate presumptive remedial responses. Such standards, methods and techniques shall, to the maximum extent practicable, be applicable to all drycleaning facilities, in-state wholesale distribution facilities and abandoned drycleaning facilities in this state, and, in any event shall be cost-effective, reasonable, and technically feasible.
Amended by 2014 Tenn. Acts, ch. 976,s 11, eff. 5/22/2014.
Acts 1995, ch. 541, § 10.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-111 - Preemption

(a)
Notwithstanding any other provision of law, no owner/operator of a drycleaning facility or in-state wholesale distribution facility or current or prior owner or operator of an abandoned drycleaning facility shall be liable for any release under any other law, including any common law claim, except to the extent of the deductible set forth in §
68-217-106(k)
, or for third-party claims if such facility or distributor has paid all the registration fees and solvent surcharges required under this chapter, materially complies with all rules and regulations required in this chapter, and has had its petition accepted by the commissioner for participation in the fund, and the party is in material compliance with the commissioner's requirements for investigatory or remedial measures. This section does not preclude claims based solely upon personal injuries associated with a claimant's exposure to drycleaning solvent.
(b)
Notwithstanding any other provision of law, no impacted third party shall be liable for any release under any other law, including any common law claim, or other third party claims, if the drycleaning facility, abandoned drycleaning facility or the in-state wholesale distribution facility which is the source of the release to the impacted third party's real property is eligible for participation in the fund, for this site, and the impacted third party or the current or prior owner or operator of the drycleaning facility, abandoned drycleaning facility or in-state wholesale distribution facility which is the source of the release has petitioned the commissioner and had its petition accepted by the commissioner for participation in the fund, and the impacted third party is in material compliance with any applicable commissioner requirements for investigatory or remedial measures. This section does not preclude claims based solely upon personal injuries associated with a claimant's exposure to drycleaning solvent.
(c)
This section does not apply to any claim filed in any court of competent jurisdiction before June 13, 1995.
(d)
Subsections (a) and (b) shall not apply to or limit any claim of a lender which arises under a financing arrangement entered into by the owner/operator or impacted third party prior to, on or after June 13, 1995.
Amended by 2014 Tenn. Acts, ch. 976,s 12, eff. 5/22/2014.
Acts 1995, ch. 541, § 11.
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 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-112 - Construction with Hazardous Waste Management Act

To the extent that the provisions of this chapter are in conflict with, or differ from, the provisions of §
68-212-202
and chapter 212, part 4 of this title, with regard to the obligations or rights of a holder of a security interest under such provisions, the latter provisions shall take priority and control.
Acts 1995, ch. 541, § 14.
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 217 - TENNESSEE DRYCLEANER'S ENVIRONMENTAL RESPONSE ACT (§§ 68-217-101 — 68-217-113) › Section 68-217-113 - State and local permits - Exceptions

No state or local permits shall be required for activities that are conducted:
(1)
As part of a response or remedial action overseen by the department pursuant to this chapter;
(2)
Entirely on-site; and
(3)
In accordance with this part;
provided, that such activities meet all standards that would apply if such permits were required.
Amended by 2014 Tenn. Acts, ch. 976,s 13, eff. 5/22/2014.
Acts 2002, ch. 598, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 1 - GENERAL PROVISIONS (§§ 68-221-101 — 68-221-109) › Section 68-221-103 - Supervision of operation and maintenance of water and sewerage systems - Notice to persons served of noncompliance with regulations

(a)
The department shall exercise general supervision over the operation and maintenance of public water supplies and public sewerage systems throughout the state. Such general supervision shall include all of the features of operation and maintenance which do or may affect the sanitary quality of the water supply and all of the features of operation and maintenance which do or may affect the proper treatment or disposal of sewage. For exercising such general supervision over the operation and maintenance of public water supplies and public sewerage systems, the department is authorized to investigate the public water supplies and public sewerage systems as often as is deemed necessary by the commissioner, and may adopt and enforce regulations governing the operation and maintenance of public water supply and public sewerage systems. Records of operation of public water supplies and of public sewerage systems shall be kept on blanks furnished by the department, and this data shall be submitted to the department at such times and intervals as the department may direct. Samples of water or sewage shall be submitted to the department when and in such manner as the department may direct. When the department shall have required the submission of such records or reports of operation and samples of water or sewage, the person in charge of the public water supply or public sewerage system shall promptly comply with such request.
(b)
Whenever a public water supply system:
(1)
Is not in compliance with departmental public water supply system regulations;
(2)
Fails to perform monitoring required by regulations adopted by the department;
(3)
Is subject to a variance or an exemption granted by the department; or
(4)
Fails to comply with the requirements prescribed by a variance or exemption;
the system shall as soon as practicable notify the persons served by it of the fact and the extent and nature and possible health effects of such fact. Notice shall be given in such form and manner as required by departmental regulations.
Acts 1945, ch. 52, § 3; C. Supp. 1950, § 5826.3; Acts 1977, ch. 58, § 2; T.C.A. (orig. ed.), §§ 53-2003, 68-13-103.
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 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 1 - GENERAL PROVISIONS (§§ 68-221-101 — 68-221-109) › Section 68-221-104 - Cross connections, auxiliary intakes, by-pass or interconnections to be approved - Drain lines or conduits carrying wastes not to enter water supply

(a)
No person shall install, permit to be installed, or maintain any cross connection, auxiliary intake, by-pass, or interconnection, unless the source and quality of water from the auxiliary supply, the method of connection, and the use and operation of such cross connection, auxiliary intake, by-pass or interconnection has been approved by the department.
(b)
The arrangement of sewer, soil or other drain lines or conduits carrying sewage or other wastes in such manner that the sewage or waste may find its way into any part of the public water supply system is prohibited.
Acts 1945, ch. 52, § 4; C. Supp. 1950, § 5826.4; T.C.A. (orig. ed), §§ 53-2004, 68-13-104.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 1 - GENERAL PROVISIONS (§§ 68-221-101 — 68-221-109) › Section 68-221-105 - Defects in water supply or sewerage system ordered corrected when health menace

(a)
When the commissioner finds, upon investigation, that a public water supply or public sewerage system is an actual or potential menace to health because of improper location, quality of the source in case of public water supplies, inadequacy, faulty design, improper supervision, or inefficient operation, and that effective measures are not being carried out to correct these defects, the department may issue an order for their correction, and this order shall be complied with within the time limit specified in the order.
(b)
Such notice shall be made by personal service or shall be sent by registered mail to the person responsible for the operation of the public water supply or public sewerage system.
(c)
Investigations made in accordance with this section may be made at the initiative of the commissioner.
Acts 1945, ch. 52, § 5; C. Supp. 1950, § 5826.5; T.C.A. (orig. ed.), §§ 53-2005, 68-13-105.
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 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 1 - GENERAL PROVISIONS (§§ 68-221-101 — 68-221-109) › Section 68-221-106 - Review of order to correct - Procedure - Injunctive relief

(a)
Any person against whom an order is issued may secure a review of the necessity for or reasonableness of any order of the department by filing with the department a sworn petition, setting forth the grounds and reasons for such person's objections and asking for a hearing of the matter involved.
(b)
The department shall thereupon fix the time and place for such hearing and shall notify the petitioner thereof. At such hearing, the petitioner, and any other interested party, may appear, present witnesses, and submit evidence. Following such hearing, the final order of determination of the department shall be conclusive; provided, that such final order of determination may be reviewed in any court of competent jurisdiction upon petition therefor, filed within fifteen (15) days after such final order of determination has been issued. All such hearings shall be held in the county where the waterworks and/or sewerage system affected is located and, if such system is located within any incorporated town, then such hearing shall be held at a public place in such town, and the hearing shall be a public hearing.
(c)
The chancery court of the county wherein such system is located shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part, whether such proceedings shall be instituted by the department, the waterworks system, the sewerage system or any company, corporation, municipality or individual authorized to institute such review proceedings.
(d)
The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any order issued pursuant to §
68-221-105
, or to prevent violation of any provision of this part, or any rule or regulation promulgated pursuant to this part.
Acts 1945, ch. 52, § 6; C. Supp. 1950, § 5826.6; Acts 1972, ch. 445, § 1; T.C.A. (orig. ed.), §§ 53-2006, 68-13-106.
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 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 1 - GENERAL PROVISIONS (§§ 68-221-101 — 68-221-109) › Section 68-221-107 - Violation of this part a misdemeanor - Penalty

Any person violating any of this part, or failing, neglecting or refusing to comply with any order of the department lawfully issued, commits a Class C misdemeanor. Each day of continued violation after conviction constitutes a separate offense.
Acts 1945, ch. 52, § 7; C. Supp. 1950, § 5826.7; T.C.A. (orig. ed.), § 53-2007; Acts 1989, ch. 591, § 113; T.C.A., § 68-13-107.
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 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 1 - GENERAL PROVISIONS (§§ 68-221-101 — 68-221-109) › Section 68-221-108 - Enforcement

(a)
The department may cause the enforcement of any standards, policies, general or special orders, rules or regulations issued by it to control public water supplies and public sewerage systems.
(b)
Such suit or suits as may be necessary to effectually carry out this part may be instituted, brought and prosecuted, in any court of competent jurisdiction.
(c)
The district attorney general in whose jurisdiction a violation of this part occurs or the attorney general and reporter, either or both as indicated, shall institute and prosecute such suits when necessity therefor has been shown by those herein clothed with power of investigation.
Acts 1945, ch. 52, § 8; C. Supp. 1950, § 5826.8; T.C.A. (orig. ed.), §§ 53-2008, 68-13-108.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 1 - GENERAL PROVISIONS (§§ 68-221-101 — 68-221-109) › Section 68-221-109 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 463,s 31, eff. 7/1/2023.
Acts 1993, ch. 149, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 2 - CONSTRUCTION OF SEWAGE TREATMENT WORKS (§§ 68-221-201 — 68-221-214) › Section 68-221-203 - Allocation of state grants

(a)
In allocating state grants under this part, the department shall give consideration to, and apply, the similar standards, criteria and measures of eligibility as prescribed by this part and the rules of the department.
(b)
Eligibility to receive federal funds shall not be a condition precedent to receiving an allocation of state grants if such project otherwise qualifies for such grant.
Acts 1967, ch. 362, § 3; 1978, ch. 843, § 3; T.C.A., § 53-2019; Acts 1989, ch. 233, § 9; T.C.A., § 68-13-203.
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 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 2 - CONSTRUCTION OF SEWAGE TREATMENT WORKS (§§ 68-221-201 — 68-221-214) › Section 68-221-205 - Sewage treatment works construction account

There is authorized to be established in the general fund of the state treasury an account to be known as the sewage treatment works construction account; provided, that the commissioner of finance and administration, with the approval of the comptroller of the treasury, may establish the account in such other manner and in such other fund as may be deemed appropriate.
Acts 1967, ch. 362, § 5; T.C.A., §§ 53-2021, 68-13-205.