§ 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 […]
§ 68-215-125. Fund Not Deemed to Be Insurance
Notwithstanding any other law to the contrary, the petroleum underground storage tank fund shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of or be entitled to claim against the Tennessee insurance guaranty association created under title 56, chapter 12.
§ 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 […]
§ 68-215-115. Recovery of Costs by State — Apportionment of Liability
Whenever the commissioner expends money for the investigation, identification, containment or cleanup of a particular site under this part, the commissioner may issue an order to any responsible party, other than an owner or operator of an underground storage tank system or a petroleum site owner if the release at such system or site is […]
§ 68-215-116. Failure to Take Proper Action
Any responsible party who fails without sufficient cause to properly provide for removal of petroleum or remedial action upon order of the commissioner pursuant to this chapter may be liable to the state for a penalty in an amount equal to one hundred fifty percent (150%) of the amount of any costs incurred by the […]
§ 68-215-117. Immunity From Liability — Exceptions
No person shall be liable under this chapter for damages as a result of actions taken or omitted in the course of rendering care, assistance or advice at the direction of an on-scene coordinator appointed by the commissioner, with respect to an incident creating a danger to the public health or welfare or the environment […]