Terms Used In Tennessee Code > Title 40 > Chapter 6 > Part 3 - Wiretapping and Electronic Surveillance

• Abandoned drycleaning facility: means any real property premises or individual leasehold space on which a drycleaning facility formerly operated. See Tennessee Code 68-217-102
• Aggrieved person: means a person who was a party to an intercepted wire, oral or electronic communication, or a person against whom the interception was directed. See Tennessee Code 40-6-303
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attorney general and reporter: means the attorney general and reporter of Tennessee. See Tennessee Code 40-6-303
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commissioner: means the commissioner of environment and conservation or the commissioner's authorized representative. See Tennessee Code 68-213-102
• Commissioner: means the commissioner of environment and conservation, or the commissioner's designee. See Tennessee Code 68-217-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contents: when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication. See Tennessee Code 40-6-303
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Court of record: means any circuit or criminal court in the state of Tennessee. See Tennessee Code 40-6-303
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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. See Tennessee Code 68-216-102
• Dense non-aqueous solvent or product: means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that does not float on water. See Tennessee Code 68-217-102
• Department: means the department of environment and conservation. See Tennessee Code 68-213-102
• Department: means the department of environment and conservation. See Tennessee Code 68-217-102
• Dependent: A person dependent for support upon another.
• 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
• District attorney general: means the district attorney general of any judicial district where jurisdiction exists to prosecute an offense that is grounds for an intercept order under §. See Tennessee Code 40-6-303
• Drycleaner environmental response fund: refers to the fund established under §. See Tennessee Code 68-217-102
• Drycleaning facility: means any commercial facility located in this state which is engaged in on-site drycleaning operations, other than:
  (A) A coin-operated drycleaning operation. See Tennessee Code 68-217-102
• Drycleaning operations: means cleaning of apparel and household fabrics, using one (1) or more drycleaning solvents, including, but not limited to, those businesses described in Standard Industrial Classification (SIC) Code No. See Tennessee Code 68-217-102
• Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by the aid of wire, radio, electromagnetic, photooptical or photoelectronic facilities, but does not include:
  (A) Any wire or oral communication. See Tennessee Code 40-6-303
• Electronic communications service: means any service which provides to users of the service the ability to send or receive wire or electronic communications. See Tennessee Code 40-6-303
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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. See Tennessee Code 68-216-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Governing body: means the governing body of every county in this state. See Tennessee Code 68-213-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Impacted third party: means a lessor of real property on which a drycleaning facility or an in-state wholesale distribution facility is located, a property owner whose real property is adversely environmentally impacted by a release from a drycleaning facility or in-state wholesale distribution facility, or their predecessors, successors or assigns, mortgagees, predecessors-in-title and successors-in-title. See Tennessee Code 68-217-102
• In-state wholesale distribution facility: means a place of business located in this state of a wholesale distributor or any real property premises or individual leasehold space located in this state, occupied by an in-state wholesale distribution facility after June 13, 1995. See Tennessee Code 68-217-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
• Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Tennessee Code 40-6-303
• Investigative or law enforcement officer: means :
  (A) In all counties having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census:

  (i) Any officer of the state or a political subdivision of the state, who:

  (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in §. See Tennessee Code 40-6-303
• Judge of competent jurisdiction: means a judge presiding over any court of record as defined in this part and §. See Tennessee Code 40-6-303
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landfill area: means any land area selected for the purpose of solid waste disposal or solid waste material. See Tennessee Code 68-213-102
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Light non-aqueous solvent or product: means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that floats on water. See Tennessee Code 68-217-102
• Month: means a calendar month. See Tennessee Code 1-3-105
• 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
• Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, but "oral communication" does not include any electronic communication. See Tennessee Code 40-6-303
• 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.
• Pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but "pen register" does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. See Tennessee Code 40-6-303
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state. See Tennessee Code 68-213-102
• Person: means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body. See Tennessee Code 68-216-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Release: means any spilling, pouring, overfilling, leaking, leaching, emitting, discharging, or escaping of drycleaning solvents from a drycleaning facility or an in-state wholesale distribution facility or its associated piping which impacts groundwater, surface water, surface or subsurface soils. See Tennessee Code 68-217-102
• 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
• 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. See Tennessee Code 68-216-102
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Responsible party: means a responsible party as defined under §. See Tennessee Code 68-216-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Solid waste: means garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations, and all garbage, refuse or other discarded solid materials from individual homes, apartments, multiple dwellings, trailers or other living quarters, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants. See Tennessee Code 68-213-102
• solvent: means any and all non-aqueous solvents or products used, or intended for use, in the cleaning of garments and other fabrics at a drycleaning facility and includes, but is not limited to, dense non-aqueous solvents such as chlorinated solvents like perchloroethylene (perc), also known as tetrachloroethylene, and light non-aqueous solvents such as petroleum-based solvents like Stoddard Solvent, and the products into which all such solvents or products degrade. See Tennessee Code 68-217-102
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Wholesale distributor: means a person or company whose primary business is selling drycleaning solvents and supplies to in-state or out-of-state drycleaning facilities. See Tennessee Code 68-217-102
• Wire communication: means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged as a provider of wire or electronic communications service in providing or operating those facilities for the transmission of communications. See Tennessee Code 40-6-303
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105