2010 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Chapter 217 - Drycleaner's Environmental Response Act
68-217-106 - Registration Payments to the fund.

68-217-106. Registration Payments to the fund.

(a)  Each year, the owner or operator of a drycleaning facility that is currently conducting, or intends to conduct for all or part of the year, drycleaning operations and each in-state wholesale distribution facility shall register with the department on forms provided by the department.

(b)  Current or prior owners or operators of abandoned drycleaning facilities may register the site as set out in subsection (a). A current or prior owner or operator of an abandoned drycleaning facility who fails to register a site with the department as described in subsection (a) shall be permitted to register the site; provided, however, that the current or prior owner or operator pays the annual registration fees that would have been imposed under this chapter on the site if the abandoned drycleaning facility had been registered at the first possible date established by this chapter. In addition, such registrant shall pay interest on the back registration fees, plus a fifty dollar ($50.00) per month late fee for each month since the first month that the site could have registered under this chapter.

(c)  The owner or operator of a drycleaning facility or current or prior owner or operator of an abandoned drycleaning facility registered under this section shall pay to the department an annual registration fee in accordance with the schedule established in the rules of the board.

(d)  It is unlawful to sell or transfer drycleaning solvent to any person owning or operating a drycleaning facility unless the owner or operator of the drycleaning facility has conspicuously posted a copy of a valid certificate evidencing registration of the drycleaning facility pursuant to this chapter at the facility. Any person who violates or fails to comply with any provision of this subsection (d) shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. The commissioner has the authority to assess civil penalties under this subsection (d). The recipient of any civil penalty under this subsection (d) has the right to appeal such assessment to the board. The appeal of any assessment under this subsection (d) shall be filed with the board within thirty (30) days of the party's receipt of the assessment.

(e)  A wholesale distributor shall pay to the department an annual registration fee of five thousand five hundred dollars ($5,500) per in-state wholesale distribution facility.

(f)  At least thirty (30) days before payment of a registration fee is due, the department shall attempt to notify and submit a registration fee payment form to each drycleaning facility, each in-state wholesale distribution facility and each current or prior owner or operator of an abandoned drycleaning facility registered under this section. The registration fee payment form provided by the department must accompany the registration fee payment.

(g)  In addition to the registration fee required by subsection (c), there is established a drycleaning solvent surcharge of:

     (1)  Ten dollars ($10.00) for each gallon of dense non-aqueous solvent or product purchased by a drycleaning facility; and

     (2)  One dollar ($1.00) for each gallon of light non-aqueous solvent or product purchased by a drycleaning facility.

(h)  The solvent surcharge required by subsection (g) shall be collected and forwarded to the department by the seller of the drycleaning solvent, regardless of the location of such seller.

(i)  The solvent surcharges in subsection (g) shall be paid on a quarterly basis and shall be paid to the department for the previous quarter.

(j)  The department shall provide each person who pays a registration fee or solvent surcharge under this chapter with a receipt. The receipt or the copy of the receipt shall be produced for inspection at the request of any authorized representative of the department.

(k)  Prior to the approval of an expenditure of any funds under this chapter with respect to reimbursement for investigation or remediation at a particular site that has been accepted into the program established by this chapter, each drycleaning facility, abandoned drycleaning facility, in-state wholesale distribution facility, or impacted third party, that files a petition accepted by the board requesting such expenditure, is required to accept responsibility for incurring response costs associated with each request for reimbursement (deductibles). The deductible for each drycleaning facility shall be based on the quantity of solvent purchased. The board shall promulgate rules that establish appropriate categories of facilities to pay the following deductible amounts:

     (1)  Category 1 drycleaning facilities shall be responsible for five percent (5%) of each request for reimbursement up to a total amount of five thousand dollars ($5,000) per site per clean-up;

     (2)  Category 2 drycleaning facilities shall be responsible for ten percent (10%) of each request for reimbursement up to a total amount of ten thousand dollars ($10,000) per site per clean-up;

     (3)  Category 3 drycleaning facilities shall be responsible for fifteen percent (15%) of each request for reimbursement up to a total amount of fifteen thousand dollars ($15,000) per site per clean-up;

In-state wholesale distribution facilities shall be responsible for twenty-five percent (25%) of each request for reimbursement up to a total amount of twenty-five thousand dollars ($25,000) per site per clean-up. Abandoned drycleaning facilities shall be responsible for twenty-five percent (25%) of each request for reimbursement up to a total amount of twenty-five thousand dollars ($25,000) per site per clean-up. An impacted third party's deductible shall be equal to the deductible that would be applicable if the impacted third party owned the drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility that is the source of the release.

(l)  Registration fees and surcharges paid under this section shall be collected by the department and deposited in the drycleaner environmental response fund created under this chapter.

(m)  If money in the fund exceeds ten million dollars ($10,000,000) during any one (1) year, the board is directed to notify the department. Upon notification by the board under this subsection (m), the department shall waive the payment of the solvent surcharges and collect only the registration fees for a period of one (1) year.

(n)  The registration fees and surcharges and deductibles prescribed by this section may be adjusted by the board, after notice and opportunity for public comment, in a manner necessary and appropriate to ensure viability of the fund and in furtherance of the purposes of this chapter; provided, that any fees or deductibles applicable to abandoned drycleaning facilities shall never be in excess of the fees and deductibles applicable to the largest drycleaning facility, and there shall be no surcharges on abandoned drycleaning facilities.

[Acts 1995, ch. 541, § 6; 1996, ch. 860, §§ 4-6; 2002, ch. 598, §§ 4-6.]