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;

Terms Used In Tennessee Code 68-216-102

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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. See Tennessee Code 68-216-102
  • National Contingency Plan: means the National Contingency Plan prepared and published under §. See Tennessee Code 68-216-102
  • 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. See Tennessee Code 68-216-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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. See Tennessee Code 68-216-102
  • Responsible party: means a responsible party as defined under §. See Tennessee Code 68-216-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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, codified in 33 U.S.C. § 1321(d), as amended by the Oil Pollution Act of 1990, (101 P.L. 380, 104 Stat. 484), compiled in 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) “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;
(8) “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; and
(9) “Responsible party” means a responsible party as defined under § 1001 of the Oil Pollution Act of 1990, codified in 33 U.S.C. § 2701.
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