Title 68, Health, Safety and Environmental Protection

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 associatio…

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 …

(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. (…

(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 …

(1) As used in this chapter, unless the context otherwise requires:(1) “Borrower”, “debtor”, or “obligor” means a person whose petroleum underground storage tank or UST system is encumbered by a security interest. These terms are used interchangeably;(2) “Foreclosure” or “foreclo…

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 d…

(a) Operating a Petroleum Underground Storage Tank or UST System Prior to Foreclosure. A holder, prior to foreclosure, as defined in this part, for purpose of compliance with underground storage tank technical standards, corrective action requirements and financial responsibility…

(a) “Participating in the management” means that the holder is engaging in decision-making control of, or activities related to, the operation of petroleum underground storage tank or UST system as defined in § 68-215-201. (b) Actions that are “participation in management”:(1) Pa…

This chapter shall be known and may be cited as the “Tennessee Oil Spill Cleanup and Environmental Preservation Act of 1995.”

(1) 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 a…

(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…

This chapter shall be known and may be cited as the “Tennessee Drycleaner's Environmental Response Act.”

(1) As used in this chapter, unless the context otherwise requires:(1) “Abandoned drycleaning facility” means any real property premises or individual leasehold space on which a drycleaning facility formerly operated;(2) “Commissioner” means the commissioner of environment and co…

(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 stat…

(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 environm…

(a) The commissioner has the following duties and responsibilities:(1) Develop and approve investigation and remediation strategies, including, but not limited to, presumptive remedial responses;(2) Enter into contracts and use the fund for purposes directly associated with accep…

(a) Each year, the owner or operator of a drycleaning facility that intends to conduct for all or part of the year, drycleaning operations or an in-state wholesale distribution facility shall register with the department on forms provided by the department. (b) The owner or opera…

(a) An owner or operator of a registered facility, or the current owner or operator of a recently abandoned drycleaning facility, may petition the commissioner to perform investigation and remediation in connection with a release from a drycleaning facility, in-state wholesale di…

(a) Any person who violates or fails to comply with this chapter or a rule adopted pursuant to this chapter is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. The commissioner may assess penalties through an order to be served upon the alleged vi…

The fund shall be available to the commissioner for reasonable administrative expenditures associated with administering the fund.

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 affecte…

(a) Notwithstanding another provision of law, an owner or operator of a registered facility or current or prior owner or operator of a recently abandoned drycleaning facility is not liable for any release under any other law, including any common law claim or third-party claims, …

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 s…

(1) 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 sta…

This part shall be known and may be cited as the “Wastewater Facilities Act of 1987.”

(a) The purpose of this part is to:(1) Facilitate statewide compliance with state and federal water quality standards;(2) Provide local governments in the state with low-cost financial assistance relative to necessary wastewater facilities through the creation of a self-sustainin…

(1) As used in this part, unless the context otherwise requires:(1) “Authority” means the Tennessee local development authority as created by title 4, chapter 31;(2) “Board” means the Tennessee board of utility regulation established under § 7-82-701;(3) “Clean Water Act” means t…

(a) (1) There is created in the state treasury a revolving loan fund to be known as the “wastewater facility revolving loan fund.”(2) The authority shall administer the fund and shall adopt rules and regulations for such administration.(3) All interest and earnings of the fund sh…

(a) The department, in conjunction with the authority, shall administer a program for low cost loans to local governments for wastewater facilities, and shall adopt regulations to govern the application procedure for loans under this part. (b) The department shall recommend to th…

(a) (1) Loans shall be made only to local governments that:(A) Operate a wastewater facility that is on the department's project priority ranking list established pursuant to § 68-221-804 and regulations thereunder;(B) In the opinion of the authority, demonstrate sufficient reven…

(1) As used in this part, unless the context otherwise requires:(1) “Auxiliary intake” means any piping connection or other device whereby water may be secured from a source other than that normally used;(2) “By-pass” means any system of piping or other arrangement whereby the wa…

Local governments may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.

(a) This part is in addition and supplemental to any other law providing for the financing of water systems and wastewater facilities of local governments, and shall not be deemed to amend or repeal any other law. (b) No proceedings by a local government shall be required for loa…

(a) Notwithstanding any law to the contrary, any city or county attempting to purchase, develop, acquire, or build a new water or wastewater system shall seek the approval of the Tennessee board of utility regulation in the manner provided for in this section before finalizing pl…

The commissioner of environment and conservation is authorized to promulgate emergency rules in the manner provided under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the program authorized by this part if deemed to be necessary by the commission…

(a) (1) The department shall exercise general supervision over the construction of public water supplies and public sewerage systems throughout the state.(2) Such general supervision shall include all of the features of construction of waterworks systems which do or may affect th…

(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 s…

(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, au…

(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 supervisi…

(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 …

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.

(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…

(a) This section applies to engineering reports, design documents, plans, and specifications approved for:(1) Sewage works construction projects under title 68, chapter 221, part 2; and(2) Wastewater facilities requiring plan approvals associated with permits under title 69, chap…

No later than July 31, 2027, the commissioner shall promulgate rules applicable to the design and construction of decentralized wastewater treatment systems using land application. These rules apply to permits issued pursuant to § 69-3-108(b)(2) and (c) and plan approvals issued …

The purpose of this part is to facilitate compliance with the Water Quality Act of 1977, by municipalities which are affected by environmental protection agency (EPA) storm water regulations, particularly those arising from § 405 of the Water Quality Act of 1987, and § 402(p) of …

(1) As used in this part, unless the context otherwise requires:(1) “Agricultural land” means land used for agriculture, as defined in § 1-3-105;(2) “Construction” means the erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facil…