(a) An owner or operator of a drycleaning facility, or in-state wholesale distribution facility, the current or prior owner or operator of an abandoned drycleaning facility, or an impacted third party may seek reimbursement from the fund for response costs above the applicable deductible set forth in § 68-217-106(k) incurred in connection with a release from a drycleaning facility, in-state wholesale distribution facility or abandoned drycleaning facility in accordance with regulations established by the commissioner.

Terms Used In Tennessee Code 68-217-107

  • 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
  • Commissioner: means the commissioner of environment and conservation, or the commissioner's designee. 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
  • 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
  • Property: includes both personal and real property. 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
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) The commissioner may not authorize the expenditure of funds from the fund in excess of two hundred thousand dollars ($200,000) per year for releases from any individual drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, nor authorize a distribution of monies from the fund that would result in a diminution of the fund below a balance of one hundred thousand dollars ($100,000) unless an emergency exists at a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility that constitutes an imminent and substantial threat to human health or the environment. In the event of an emergency as described in this subsection (b), the commissioner shall approve the reimbursement of reasonable response costs to remove the imminent and substantial threat to human health or the environment.
(c) The commissioner shall not authorize distribution of fund monies to:

(1) Sites that are contaminated by solvents normally used in drycleaning operations where the contamination at such sites did not result from the operation of a drycleaning facility, abandoned drycleaning facility, or an in-state wholesale distribution facility;
(2) Sites that are not drycleaning facilities, in-state wholesale distribution facilities, or abandoned drycleaning facilities, that are contaminated by a release that results from drycleaning solvents being transported to or from a drycleaning facility or in-state distribution facility; or
(3) Any property contaminated by a release from a drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility, that has been identified by the United States environmental protection agency (EPA) as a federal superfund site pursuant to 40 C.F.R. part 300 et seq., except that the commissioner may authorize distribution of the required state match up to two hundred thousand dollars ($200,000) per year per site; or
(4) Any drycleaning facility which has obtained a permit pursuant to the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901 et seq.).
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