Tennessee § 68-217-107 - Reimbursement from fund.

§ 68-217-107. Reimbursement from fund.

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. 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. The commissioner shall not authorize distribution of fund monies to: 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; 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 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 CFR 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 Any drycleaning facility which has obtained a permit pursuant to the Resource Conservation and Recovery Act (RCRA), compiled in 42 U.S.C. § 6901 et seq. Acts 1995, ch. 541, § 7; 2014, ch. 976, § 9. Amendments. The 2014 amendment substituted “commissioner” for “board” throughout the section; rewrote (b) and (c) which read: “(b) The board may not authorize the expenditure of funds from the fund in an amount 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, except in the sole discretion of the board upon request by any party, including the department. This provision is not subject to the board’s general power to delegate its duties as contained in § 68-217-105(b) .“(c) The board shall not authorize a distribution of moneys 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 herein, the board shall approve the reimbursement of reasonable response costs to remove the imminent and substantial threat to human health or the environment. This provision is not subject to the board's general power to delegate its duties as contained in § 68-217-105(b) .”; redesignated former (d) as (c); and deleted former (e) which read: “(e) The ability to authorize distribution of the required state match as established by subdivision (d)(3) is not subject to the board's general power to delegate its duties as contained in § 68-217-105(b).” Effective Dates. Acts 2014, ch. 976, § 15. May 22, 2014. Attorney General Opinions. Tennessee Drycleaner's Environmental Response Act — rules establishing drycleaning solvent basis for registration fees — conflict with statutes, OAG 99-131 (7/2/99).