Title 68, Health, Safety and Environmental Protection

(1) As used in this part, unless the context otherwise requires:(1) “Board” means the underground storage tanks and solid waste disposal control board as established by § 68-211-111, unless otherwise indicated;(2) “Commercial facility” means any hazardous waste management facilit…

(1) It is unlawful to:(1) Place or deposit any hazardous waste into the waters of the state except in a manner approved by the department or the Tennessee board of water quality, oil and gas;(2) Burn hazardous waste except in a manner and under the conditions prescribed by the de…

(a) (1) The board shall establish criteria for determining if a substance is a hazardous waste and will prepare a list of wastes which are considered hazardous in order to aid in determining the generators of hazardous waste in the state. However, such list shall not limit the re…

(a) The commissioner shall exercise general supervision over the construction, operation, maintenance, closure, and where applicable, post-closure care of hazardous waste storage facilities, treatment facilities, and disposal facilities throughout the state. Such general supervis…

(a) (1) No person shall construct, substantially alter, or own or operate a hazardous waste treatment, storage, or disposal facility, nor shall any person treat, store, or dispose of a hazardous waste, nor shall any hazardous waste transporter receive a hazardous waste from, or d…

The board shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is not revealed to any person without the consent of the person supplying such information. Proprietary information does…

(a) The board shall establish a schedule of fees for hazardous waste generators, hazardous waste transporters, operators of hazardous waste transfer facilities; applicants and holders of permits for the storage, reclamation, treatment or disposal of hazardous waste; and for the g…

(a) When the commissioner finds upon investigation that any provisions of this part are not being carried out, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such or…

(a) (1) Any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matte…

(a) (1) Any person violating any provision of this part, or failing, neglecting or refusing to comply with any order, or any term or condition of any permit, issued by the commissioner or board, commits a Class A misdemeanor. Each day upon which a violation occurs constitutes a s…

In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, permits, rules or regulations issued by the commissioner or the board to carry out this part by instituting legal proceedings to enjoin the actual or threatened…

(a) Any person may file with the commissioner or board a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately s…

(1) Annually, no later than December 1, the board and the commissioner shall submit a written report to the speakers of both houses of the general assembly evaluating all aspects of the performance of the hazardous waste regulatory program during the prior calendar year. The annu…

Subject to any necessary appropriation by the general assembly, the governor is authorized to enter into one (1) or more interstate agreements governing the import and export of hazardous waste between this state and other states as may be required by the Comprehensive Environmen…

No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate § 11-13-111.

If any person who is driving on a Tennessee road, highway, interstate or other thoroughfare or rightfully in physical control of any motor vehicle containing a hazardous waste or hazardous substance as defined in § 68-131-102 is adjudicated to have been at fault in a court of com…

(a) In order to protect the public health, safety and welfare, and to provide a coordinated statewide hazardous substance management program, it is declared to be the policy of the state of Tennessee to:(1) Provide a procedure for establishing appropriate sites for the treatment,…

(a) As used in this part, unless the context otherwise requires:(1) “Brownfield project” means the screening, investigation, monitoring, control and/or remediation of any abandoned, idled, under-utilized, or other property whose re-use, growth, enhancement or redevelopment is com…

(a) In addition to any other fees assessed by law, there is levied a remedial action fee on the generation and management of hazardous waste. The amounts of the fees are to be set for different categories of activities in a rule promulgated by the underground storage tanks and so…

(a) There is established within the general fund a special agency account to be known as the “hazardous waste remedial action fund,” hereinafter referred to as the “fund.” (b) Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year s…

(a) The fund shall be available to the board and the commissioner for the purposes of identifying and investigating inactive hazardous substance sites for consideration for placement on the list described in § 68-212-206(e), and for investigating and reasonably and safely contain…

(a) In order to effectuate the purposes of this part, the commissioner is authorized to:(1) Request any liable or potentially liable party to investigate and identify possible inactive hazardous substance sites, and furnish information relating to possible hazardous substances;(2…

(a) Whenever a hazardous substance site is placed on the list of hazardous substance sites pursuant to § 68-212-206(e), or whenever the commissioner otherwise begins to expend money for the investigation, identification, containment or clean-up of a particular site under this par…

(a) The county mayor and four (4) members of the county legislative body appointed by the county mayor of the county in which any commercial facility is located may accompany the department upon any site investigation or monitoring inspection. (b) The county legislative body of t…

(a) Whenever a hazardous substance site is placed on the list of hazardous substance sites pursuant to § 68-212-206(e), or whenever the commissioner otherwise begins to expend money for investigation, identification, containment or cleanup of a particular site under this part, th…

(a) The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish eligibility requirements for a local government to receive funds, if any, appropriated by the general assembly in the ge…

(a) Any local government which has received the funds deposited in the responsible waste disposal incentive fund pursuant to § 68-212-210 may levy an additional fee on the disposal of hazardous wastes disposed of at the facility within its jurisdiction not to exceed the following…

(a) No later than January 1 of every year, the commissioner shall submit to the speakers of both houses of the general assembly and to the state library and archives a report documenting the expenditure of all funds expended from the hazardous waste remedial action fund during th…

(a) Any person who:(1) Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225;(2) Fails to pay the fees authorized by this part;(3) Fails to file any reports, records or documents required pursuant to this part;(4) Fails, neglects, or ref…

The jurisdiction for all civil proceedings under this part shall be in the chancery court of Davidson County.

(a) The commissioner shall exercise general supervision over the administration and enforcement of this part. (b) The commissioner is authorized in administering this part, to utilize enumerated powers in chapter 211 of this title and part 1 of this chapter, to investigate, ident…

(a) The commissioner or the commissioner's designee has the right to enter any place where hazardous substances or substances which may be hazardous are, or may have been generated, stored, transported, treated, disposed of, or otherwise handled. The commissioner has the right to…

The board, by rules and regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall develop a procedure for public hearings and comment to be conducted in conjunction with the granting of permits pursuant to § 68-212-108 fo…

(1) No permit for a commercial landfill facility for disposal of hazardous wastes shall be issued pursuant to § 68-212-108 if:(1) Any person who is the legal or beneficial owner of ten percent (10%) or more of the stock of the company or corporation applying for such permit has b…

(a) As used in this section:(1) “Brownfield site” has the same meaning as defined in § 7-53-316;(2) “Department” means the department of environment and conservation;(3) “Eligible entity” means a political subdivision of the state, including, but not limited to, a county, municip…

The fees levied by this part shall be in addition to all other taxes or fees, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied.

No state or local permits shall be required for clean-up activities which are conducted entirely on site and in accordance with this part; provided, that such clean-up activities meet the standards that would apply if such permits were required.

No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate § 11-13-111.

(a) (1) There is established a voluntary cleanup oversight and assistance program for the voluntary cleanup of brownfield projects. The commissioner may enter into voluntary agreements or consent orders for the investigation and/or remediation of such sites or projects with any w…

(a) Upon a determination by the commissioner that land use restrictions are the appropriate remedial action at any remediation, contamination, cleanup, closure or brownfield project, the commissioner shall either:(1) Order the owner or owners of the site to file or permit the fil…

(a) From any federal funds available to the department and any state funds used as a match to obtain those federal funds, the commissioner may, in the commissioner's discretion, provide grants and/or loans to municipalities, counties and/or other governmental instrumentalities to…

In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the board to carry out this part by instituting legal proceedings to enjoin the actual or threatened violatio…

This part shall be known and may be cited as the “Tennessee Hazardous Waste Reduction Act of 1990.”

(a) The general assembly declares it to be the policy of the state that, wherever economically and technically feasible, the generation of hazardous waste is to be prevented or reduced as expeditiously as possible. Hazardous waste that is nevertheless generated should be stored, …

(a) As used in this part, unless the context otherwise requires:(1) “Board” means the underground storage tanks and solid waste disposal control board as established by § 68-211-111;(2) “Commissioner” means the commissioner of environment and conservation or the commissioner's au…

(a) All large and small quantity generators shall complete a hazardous waste reduction plan in accordance with the requirements of § 68-212-305. After completion of a plan, the generator shall maintain a current copy of the plan at the generating facility. The plan and the annual…