§ 68-215-101 Short title
§ 68-215-102 Legislative intent
§ 68-215-103 Chapter definitions in addition to the definitions in §?68-215-201.
§ 68-215-104 Unlawful actions
§ 68-215-105 Minimum requirements for tanks
§ 68-215-106 Notification as to tanks in use and tanks taken out of operation — Authorized actions of commissioner upon failure to pay fees or penalties or for violation of rules — Penalty for removal of affixed notice or tag — Unlawful use of tanks identified or n
§ 68-215-107 Supervision, inspection, and enforcement responsibilities
§ 68-215-108 Proprietary information
§ 68-215-109 Annual fees — Failure to pay — Petition for reduction of penalties — Petition for refund of annual fee
§ 68-215-110 Petroleum underground storage tank fund — Environmental assurance fee
§ 68-215-111 Use of fund
§ 68-215-114 Order for correction — Liability
§ 68-215-115 Recovery of costs by state — Apportionment of liability
§ 68-215-116 Failure to take proper action
§ 68-215-117 Immunity from liability — Exceptions
§ 68-215-118 Compliance by governmental entities
§ 68-215-119 Review of orders
§ 68-215-120 Criminal penalties
§ 68-215-121 Civil penalty — Assessment
§ 68-215-122 Injunctions
§ 68-215-123 Complaints — Hearings — Appeals
§ 68-215-124 Exemptions
§ 68-215-125 Fund not deemed to be insurance
§ 68-215-126 Preemption of local regulation — Exception
§ 68-215-127 Exclusivity of provisions
§ 68-215-129 Cleanup contracts — Requirements

Terms Used In Tennessee Code > Title 68 > Environmental Protection > Chapter 215 > Part 1

  • 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.
  • Agriculture: means :

    • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

    • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    • 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.
    • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
    • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    • Average daily balance: means the sum of the average daily demand deposits, the average daily time deposits, and the average daily savings deposits of public depositors held during the calendar month immediately preceding the current month. See Tennessee Code 9-4-502
    • Average monthly balance: means the average monthly balance of public deposits held by the depository during any twelve (12) calendar months. See Tennessee Code 9-4-502
    • 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.
    • Bequest: Property gifted by will.
    • Board: means the underground storage tanks and solid waste disposal control board created pursuant to §. See Tennessee Code 68-215-103
    • Board: means the collateral pool board created pursuant to §. See Tennessee Code 9-4-502
    • 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
    • Collateral pool: means an arrangement whereby the repayment of public deposits deposited with any qualified public depository is secured through the sum total of eligible collateral pledged by all qualified public depositories, and contingent liability agreements as provided by the collateral pool board. See Tennessee Code 9-4-502
    • 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 commissioner's office, the deputy commissioner. See Tennessee Code 68-215-103
    • 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.
    • 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.
    • Conviction: A judgement of guilt against a criminal defendant.
    • 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.
    • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    • 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 68-215-103
    • Deposit insurance: means the insurance provided by the federal deposit insurance corporation. See Tennessee Code 9-4-502
    • Depository pledge agreement: means the contract between the state treasurer, a qualified public depository, and a trustee custodian providing for the pledge and deposit of collateral, and other provisions determined by the state treasurer. See Tennessee Code 9-4-502
    • Devise: To gift property by will.
    • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
    • Eligible collateral: has the meaning set forth in §. See Tennessee Code 9-4-502
    • 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.
    • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
    • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
    • Felony: A crime carrying a penalty of more than a year in prison.
    • 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.
    • fund: means the fund created pursuant to §. See Tennessee Code 9-4-502
    • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
    • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
    • 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
    • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
    • 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.
    • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
    • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
    • Lien: A claim against real or personal property in satisfaction of a debt.
    • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
    • Loss: includes , but is not limited to:

      • (A) The principal amount of the public deposit. See Tennessee Code 9-4-502

      • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      • 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
      • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
      • Notification form: means the petroleum underground storage tank notification form completed by the owner for the petroleum underground storage tanks at each facility and required by this chapter. See Tennessee Code 68-215-103
      • Oath: includes affirmation. See Tennessee Code 1-3-105
      • Occurrence: means the discovery of environmental contamination at a specific time and date, due to the release of petroleum products from petroleum underground storage tanks. See Tennessee Code 68-215-103
      • Operation: means the use, storage, filling or dispensing of petroleum contained in a petroleum underground storage tank or a UST system. See Tennessee Code 68-215-201
      • Operator: means any person in control of, or having responsibility for, the daily operation of the petroleum underground storage tank. See Tennessee Code 68-215-103
      • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
      • Owner: means :

        • (A) For petroleum storage tanks in use or brought into use on or after November 8, 1984, any person who owns a petroleum underground storage tank used for the storage, use, or dispensing of petroleum products. See Tennessee Code 68-215-103

        • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
        • Person: means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country. See Tennessee Code 68-215-103
        • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
        • Petroleum: means crude oil or any fraction of crude oil which is a liquid at standard temperature and pressure (sixty degrees Fahrenheit (60° F) and fourteen and seven tenths pounds per square inch (14. See Tennessee Code 68-215-103
        • Petroleum site: means any site or area where a petroleum underground storage tank is located. See Tennessee Code 68-215-103
        • Petroleum underground storage tank: means any one (1) or combination of tanks (including the underground lines connected thereto) which are used or have been used to contain an accumulation of petroleum substances, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground. See Tennessee Code 68-215-103
        • Petroleum underground storage tank fund: means the fund established by this chapter to provide for the cleanup of releases from petroleum underground storage tanks and assist with the financial responsibilities of owners/operators of petroleum underground storage tanks. See Tennessee Code 68-215-103
        • Property: includes both personal and real property. See Tennessee Code 1-3-105
        • Public deposit: means funds in which the entire beneficial interest is owned by a public depositor or funds held in the name of a public official of a public depositor charged with the duty to receive or administer funds and acting in such official's official capacity. See Tennessee Code 9-4-502
        • Public depositor: means the state of Tennessee, or any of its agencies, or any Tennessee county, Tennessee incorporated municipality and their political subdivisions, or any utility district organized under the laws of the state or any interstate compact to which the state is a party. See Tennessee Code 9-4-502
        • Public depository: means :

          • (i) Any savings and loan association, or savings bank (collectively referred to as savings institutions), or any bank chartered by the state of Tennessee. See Tennessee Code 9-4-502

          • Qualified public depository: means any public depository that meets all of the requirements of this part and that has been authorized by the board to secure public deposits through the collateral pool. See Tennessee Code 9-4-502
          • 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
          • Release: means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing of a petroleum substance from a petroleum underground storage tank or its associated piping into groundwater, surface water, or subsurface soils. See Tennessee Code 68-215-103
          • 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
          • Responsible party: means :

            • (i) The owner and/or operator of a petroleum site. See Tennessee Code 68-215-103

            • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
            • 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 68-215-103
            • Statute: A law passed by a legislature.
            • Subpoena: A command to a witness to appear and give testimony.
            • Tank: means a stationary device, designed to contain an accumulation of petroleum substances which is constructed primarily of non-earthen materials (e. See Tennessee Code 68-215-103
            • Testify: Answer questions in court.
            • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
            • Trustee: A person or institution holding and administering property in trust.
            • Trustee custodian: means a financial institution designated to hold eligible collateral on behalf of the state treasurer and a qualified public depository pursuant to §. See Tennessee Code 9-4-502
            • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
            • UST system: means an underground storage tank, connected underground piping, underground ancillary equipment and containment system, if any. See Tennessee Code 68-215-201
            • 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