§ 68-215-204. “Participation in the Management” Defined
“Participating in the management” means that the holder is engaging in decision-making control of, or activities related to, the operation of petroleum underground storage tank or UST system as defined in § 68-215-201. Actions that are “participation in management”: Participation in the management of a petroleum site or petroleum underground storage tank or UST system […]
§ 68-215-126. Preemption of Local Regulation — Exception
The Tennessee Petroleum Underground Storage Tank Act and the regulations promulgated pursuant to this chapter shall take precedence over all existing county, city, and/or municipal laws and/or regulations concerning petroleum underground storage tanks, except in situations where local laws/regulations are both more stringent and in effect on July 1, 1988.
§ 68-215-127. Exclusivity of Provisions
Notwithstanding any provision of law to the contrary, all releases of petroleum or petroleum products from petroleum underground storage tanks shall be solely and exclusively regulated pursuant to this chapter and rules and regulations promulgated to implement this chapter. Notwithstanding any provision of law to the contrary, all releases of petroleum or petroleum products that […]
§ 68-215-129. Cleanup Contracts — Requirements
Any person who contracts to provide investigation, identification, containment, cleanup, monitoring or maintenance of a petroleum site pursuant to this chapter shall be subject to the following requirements: All contracts for such services shall be in writing and shall be signed by the owner, operator or other party obligated to pay for such services; All […]
§ 68-215-201. Chapter Definitions in Addition to the Definitions in § 68-215-103
As used in this chapter, unless the context otherwise requires: “Borrower”, “debtor”, or “obligor” means a person whose petroleum underground storage tank or UST system is encumbered by a security interest. These terms are used interchangeably; “Foreclosure” or “foreclosure and its equivalent” means purchase at a foreclosure sale, acquisition or assignment of title in lieu […]
§ 68-215-202. Ownership of Petroleum Site or Petroleum Underground Storage Tank or Property on Which a Petroleum Site or Petroleum Underground Storage Tank Is Located
A holder is not an “owner” of a petroleum site or a petroleum underground storage tank or UST system, for purposes of compliance with the underground storage tank technical standards, corrective action requirements and financial responsibility requirements; provided, that party does not participate in the management of the petroleum underground storage tank as defined in […]
§ 68-215-203. Operating a Petroleum Underground Storage Tank or Ust Prior to or After Foreclosure
Operating a Petroleum Underground Storage Tank or UST System Prior to Foreclosure. A holder, prior to foreclosure, as defined in this part, for purpose of compliance with underground storage tank technical standards, corrective action requirements and financial responsibility, is not an “operator” of a petroleum underground storage tank or UST system; provided, that, after April […]
§ 68-215-122. Injunctions
In addition to the penalties provided elsewhere in this chapter, the commissioner may cause the enforcement of any orders, rules, or regulations issued by the commissioner or the board to carry out this chapter by instituting legal proceedings to enjoin the actual or threatened violation of this chapter, and the order, and regulations of the […]
§ 68-215-123. Complaints — Hearings — Appeals
Any person may file with the commissioner or board a signed sworn complaint against any person allegedly violating any provisions of this chapter. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly […]
§ 68-215-124. Exemptions
Exempted from this chapter are: Septic tanks; Farm or residential tanks of one thousand one hundred gallons (1,100 gal.) or less used for storing motor fuel for noncommercial purposes; Tanks used for storing heating oil for consumption on the premises where stored; Pipeline facilities (including gathering lines) regulated under: The Natural Gas Pipeline Safety Act […]