§ 68-212-101 Short title
§ 68-212-102 Public policy
§ 68-212-103 Exemptions
§ 68-212-104 Part definitions
§ 68-212-105 Unlawful acts. [See contingent amendment to subdivision (1) and the Compiler’s Notes.]
§ 68-212-106 Criteria for determining hazardous wastes — Notification regarding wastes generated — Manifest systems — Landfill disposal sites
§ 68-212-107 Powers and duties of commissioner, department, and board
§ 68-212-108 Permits — Bond — Terminated facilities — Perpetual care trust fund — Hazardous waste trust fund
§ 68-212-109 Confidentiality
§ 68-212-110 Fees — Consequences of failure to pay
§ 68-212-111 Order for correction of deficiencies
§ 68-212-113 Review of orders — Judicial review
§ 68-212-114 Violations — Civil and criminal penalties
§ 68-212-115 Injunctions
§ 68-212-117 Complaints — Procedure
§ 68-212-118 Reports evaluating regulatory program
§ 68-212-119 Interstate agreements — Governor’s authority
§ 68-212-120 No permits for landfills violating §?11-13-111.
§ 68-212-121 Employer’s liability for employee’s motor vehicle accidents involving hazardous wastes or substances

Terms Used In Tennessee Code > Title 68 > Environmental Protection > Chapter 212 > Part 1 - Tennessee Hazardous Waste Management Act of 1977

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the underground storage tanks and solid waste disposal control board as established by §. See Tennessee Code 68-212-104
  • Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. See Tennessee Code 35-16-102
  • 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
  • Commercial facility: means any hazardous waste management facility that stores, treats or disposes of hazardous waste generated off-site. See Tennessee Code 68-212-104
  • Commissioner: means the commissioner of environment and conservation, the commissioner's authorized representatives, or, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-212-104
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Creditor: means , with respect to a transferor, a person who has a claim. See Tennessee Code 35-16-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environment and conservation. See Tennessee Code 68-212-104
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, water or air so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Tennessee Code 68-212-104
  • Disposition: means a transfer, conveyance or assignment of property, including a change in the legal ownership of property occurring upon the substitution of one (1) trustee for another or the addition of one (1) or more new trustees. See Tennessee Code 35-16-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Facility: means all contiguous land, and structures, other appurtenances and improvements on the land, used for treating, storing, or disposing of hazardous waste. See Tennessee Code 68-212-104
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Generation: means the act or process of producing hazardous wastes. See Tennessee Code 68-212-104
  • Governing instrument: means :

    • (A) A will, deed, trust instrument or agency agreement. See Tennessee Code 35-14-102

    • Hazardous waste: means waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

      • (A) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness. See Tennessee Code 68-212-104

      • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
      • Investment services trust: means an instrument appointing a qualified trustee or qualified trustees for the property that is the subject of a disposition, which instrument:

        • (A) Expressly incorporates the law of this state to govern the validity, construction and administration of the trust. See Tennessee Code 35-16-102

        • 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.
        • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
        • Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage. See Tennessee Code 68-212-104
        • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
        • Month: means a calendar month. See Tennessee Code 1-3-105
        • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
        • Off-site: means any property that is not classified as on-site by subdivision (12). See Tennessee Code 68-212-104
        • On-site: means on the site of generation. See Tennessee Code 68-212-104
        • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
        • 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.
        • Permit: means the whole or part of any written authorization of the commissioner pursuant to regulations to own or operate a facility for the treatment, storage, or disposal of or transportation of hazardous waste. See Tennessee Code 68-212-104
        • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
        • Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, and governmental agency of this state and any department, agency, or instrumentality of the executive, legislative and judicial branches of the federal government. See Tennessee Code 68-212-104
        • Person: has the meaning ascribed to it in §. See Tennessee Code 35-16-102
        • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
        • Portable commercial unit: means any commercial facility, as defined by subdivision (2), which is transportable from site to site for the purpose of storage, treatment or disposal of hazardous waste. See Tennessee Code 68-212-104
        • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
        • Property: includes both personal and real property. See Tennessee Code 1-3-105
        • Property: includes real property, personal property, and interests in real or personal property. See Tennessee Code 35-16-102
        • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
        • Qualified affidavit: means a sworn affidavit signed by the transferor before a disposition of assets to an investment services trust that meets the requirements of §. See Tennessee Code 35-16-102
        • Qualified disposition: means a disposition by or from a transferor with or without consideration, to an investment services trust after the transferor executes a qualified affidavit. See Tennessee Code 35-16-102
        • Qualified trustee: means a person who:

          • (A) In the case of a natural person, is a resident of this state, or, in all other cases, is authorized by the law of this state to act as a trustee and whose activities are subject to supervision by the Tennessee department of financial institutions, the federal deposit insurance corporation, the comptroller of the currency, or the office of thrift supervision or any successor to them. See Tennessee Code 35-16-102

          • Quorum: The number of legislators that must be present to do business.
          • 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
          • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
          • 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
          • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
          • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
          • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
          • 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
          • State: means the state of Tennessee. See Tennessee Code 68-212-104
          • Statute: A law passed by a legislature.
          • Storage: means the containment of hazardous waste in such a manner as not to constitute disposal of such hazardous waste. See Tennessee Code 68-212-104
          • Summons: Another word for subpoena used by the criminal justice system.
          • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
          • Transferor: means a person who, directly or indirectly, makes a disposition or causes a disposition to be made in such person's capacity:

            • (A) As an owner of property. See Tennessee Code 35-16-102

            • Transporter: means any person engaged in the transportation of hazardous waste. See Tennessee Code 68-212-104
            • Treatment: includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. See Tennessee Code 68-212-104
            • Trust: means any fiduciary relationship created by a governing instrument. See Tennessee Code 35-14-102
            • Trustee: A person or institution holding and administering property in trust.
            • Trustee: means any fiduciary as defined in §. See Tennessee Code 35-14-102
            • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
            • Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, codified in 33 U. See Tennessee Code 68-212-104
            • Waste management: means the orderly control of storage, transportation, treatment, and disposal of hazardous waste. See Tennessee Code 68-212-104
            • 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