Title 68, Health, Safety and Environmental Protection

(a) There shall be a minimum of one (1) local team in each judicial district. (b) Each local team shall include the following statutory members or their designees:(1) A supervisor of social services in the department of children's services within the area served by the team;(2) T…

(a) The local child fatality review teams shall:(1) Be established to cover each judicial district in the state;(2) Review, in accordance with the procedures established by the state team, all deaths of children seventeen (17) years of age or younger;(3) Collect data according to…

(a) The department of health, state team and local teams are public health authorities conducting public health activities pursuant to the federal Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C. § 1320d et seq.). Notwithstanding §§ 63-2-101(b) and 68-11-150…

To the extent of funds available, the state team may hire staff or consultants to assist the state team and local teams in completing their duties.

Any person or facility acting in good faith in compliance with this part shall be immune from civil and criminal liability arising from such action.

Nothing in this part shall preclude any child death investigations or reviews to the extent authorized by other laws.

This part shall be known as and may be cited as the “Tennessee Fetal and Infant Mortality Review (FIMR) Act of 2007.”

The commissioner of health is authorized to create the Tennessee fetal and infant mortality review (FIMR) program. The intent of the Tennessee FIMR program, following the goals of the national fetal and infant mortality review program, is to enhance the health and well-being of w…

(1) As used in this part, unless the context otherwise requires:(1) “Fetal death” means a death as described in § 68-3-504;(2) “FIMR” means the Tennessee fetal and infant mortality review program; and(3) “Infant death” means a person born alive who dies prior to reaching one (1) …

(1) The commissioner of health is authorized to promulgate such rules, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as are necessary to carry out the intent of this part. In doing so, the commissioner may rely upon, but not be bound by, t…

(a) The department of health, FIMR, and its review teams are public health authorities conducting public health activities pursuant to the Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C. § 1320d et seq.). Notwithstanding §§ 63-2-101(b) and 68-11-1502, and r…

To the extent that funds are available, the department may employ or contract with such persons as deemed necessary to effectuate the intent of this part.

Any person or facility acting in good faith in compliance with this part shall be immune from civil and criminal liability arising from such action.

Nothing in this part shall preclude any fetal, infant or child death investigations or reviews to the extent authorized by other laws.

Nothing in this part shall be construed as requiring its implementation unless and until sufficient funding is either appropriated or specifically allocated for it.

(1) The general assembly finds and declares all of the following:(1) Shaken baby syndrome is a medically serious, sometimes fatal, matter affecting newborns and very young children. Shaking an infant or child in anger is particularly dangerous;(2) Vigorous shaking of an infant or…

The purpose of this chapter is to prevent the occurrence of injuries and deaths to infants and children as a result of shaken baby syndrome by creating a statewide public awareness education campaign. The campaign shall include the distribution of readily understandable informati…

(a) The departments of health and human services shall jointly develop information and instructional materials as described in § 68-143-102 for distribution, free of charge, to health care facilities, midwives, and child care agencies. The information and instructional materials …

This part shall be known and may be cited as the “Tennessee Air Quality Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Air contaminant” means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combinations thereof;(2) “Air contaminant source” means any and all sources of emission of air contaminants, whether pri…

It is the intent and purpose of this part to maintain purity of the air resources of the state consistent with the protection of normal health, general welfare and physical property of the people, maximum employment and the full industrial development of the state. The board and …

(a) There is created an agency to be known as the air pollution control board. (b) (1) The members of the board shall be the commissioner of environment and conservation, the commissioner of economic and community development, and twelve (12) other members who shall be appointed …

(a) (1) The board has the power and duty to:(A) Promulgate rules and regulations to effect the intent and purpose of this part, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules and regulations may include, but are not necessarily l…

(1) Nothing in this part shall be deemed to grant the board or department any jurisdiction or authority with respect to air pollution existing solely within commercial or industrial plants, works or shops or to affect the relations between employers and employees with respect to …

(1) 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 divisio…

(a) (1) Except as provided in subdivision (a)(2), a person aggrieved by a final action of the technical secretary on a permit, order, or assessment may request a hearing before the board under this section by filing a petition with the technical secretary within thirty (30) days …

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 …

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…

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.

(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 materi…

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.

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, …

(a) Any municipality or county in this state may enact, by ordinance or resolution respectively, air pollution control regulations not less stringent than the standards adopted for the state pursuant to this part, or any such municipality or county may also adopt or repeal an ord…

(a) When the technical secretary discovers that any provision of this part or of any regulation promulgated under this part has been violated, the technical secretary may issue an order for correction to the responsible person, and this order shall be complied with within the tim…

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 heari…

(a) Any person seeking a variance shall do so by filing a petition for variance with the technical secretary. The technical secretary shall promptly investigate such petition and make recommendation to the board as to its disposition. (b) Upon receiving the recommendation of the …

(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…

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…

(a) As used in this section:(1) “Covered electric-generating unit” means an existing fossil-fuel-fired electric-generating unit located within this state that is subject to regulation under EPA emission guidelines;(2) “Environmental protection agency” or “EPA” means the United St…

The intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight is prohibi…

(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…

(1) 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 i…

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 h…

(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 …

(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…

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.