2010 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Chapter 217 - Drycleaner's Environmental Response Act
68-217-111 - Preemption.

68-217-111. Preemption.

(a)  Notwithstanding any other provision of law, no owner/operator of a drycleaning facility or in-state wholesale distribution facility or current or prior owner or operator of an abandoned drycleaning facility shall be liable for any release under any other law, including any common law claim, except to the extent of the deductible set forth in § 68-217-106(k), or for third-party claims if such facility or distributor has paid all the registration fees and solvent surcharges required under this chapter, materially complies with all rules and regulations required in this chapter, and has had its petition accepted by the board for participation in the fund, and the party is in material compliance with the board's requirements for investigatory or remedial measures. This section does not preclude claims based solely upon personal injuries associated with a claimant's exposure to drycleaning solvent.

(b)  Notwithstanding any other provision of law, no impacted third party shall be liable for any release under any other law, including any common law claim, or other third party claims, if the drycleaning facility, abandoned drycleaning facility or the in-state wholesale distribution facility which is the source of the release to the impacted third party's real property is eligible for participation in the fund, for this site, and the impacted third party or the current or prior owner or operator of the drycleaning facility, abandoned drycleaning facility or in-state wholesale distribution facility which is the source of the release has petitioned the board and had its petition accepted by the board for participation in the fund, and the impacted third party is in material compliance with any applicable board requirements for investigatory or remedial measures. This section does not preclude claims based solely upon personal injuries associated with a claimant's exposure to drycleaning solvent.

(c)  This section does not apply to any claim filed in any court of competent jurisdiction before June 13, 1995.

(d)  The provisions of subsections (a) and (b) shall not apply to or limit any claim of a lender which arises under a financing arrangement entered into by the owner/operator or impacted third party prior to, on or after June 13, 1995.

[Acts 1995, ch. 541, § 11.]