Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-15 - Division of Remediation
Chapter 0400-15-03 - Drycleaner Environmental Response Program
Section 0400-15-03-.02 - DEFINITIONS
Current through September 24, 2024
When used in this chapter, the following terms have the meanings given below unless otherwise specified:
"Abandoned drycleaning facility" means any real property premises or individual leasehold space on which a drycleaning facility formerly operated.
"Act" means the "Drycleaner's Environmental Response Act," as amended, T.C.A. §§ 68-217-101 to -113.
"Applicant" means a potentially eligible party who submits an application for entry and participation in the DCERP for environmental responses activities.
"Application" means either the act of applying or the form upon which a request is made.
"Best management practices" or "BMPs" means those procedures, methods, equipment selections, or other practices as described in Rule 0400-15-03-.04, which when implemented reduce or prevent the generation of waste or releases of chemicals or other pollutants to the environment.
"Chlorofluorocarbon" means one of a group of chemical compounds composed only of carbon, chlorine, fluorine, and hydrogen.
"Commissioner" means the Commissioner of the Department of Environment and Conservation, or the Commissioner's designee.
"Dense non-aqueous solvent or product" means any chemical or mixture of chemicals other than water-based solvent that is used in the drycleaning of clothes and that does not float on water (in pure form has a specific gravity greater than 1.0).
"Department" means the Department of Environment and Conservation.
"Drycleaner environmental response fund" or "DCERF" refers to the fund established under T.C.A. § 68-217-103.
"Drycleaner environmental response program" or "DCERP" means the program established under T.C.A. §§ 68-217-101 to -113 and this chapter.
"Drycleaner approved contractor" or "DCAC" means a person who has met the qualification requirements set forth in this chapter and has been specifically designated by the Commissioner to be an approved contractor in the DCERP.
"Drycleaning facility" means any commercial facility located in this state that is engaged in on-site drycleaning operations, other than:
(a) A coin-operated drycleaning operation;
(b) A facility located on a United States military base or owned by the United States, or any department or agency thereof;
(c) A commercial uniform service and/or linen supply facility; or
(d) A facility owned by the state or any agency or department thereof.
"Drycleaning operations" means cleaning of apparel and household fabrics, using one or more drycleaning solvents, including, but not limited to, those businesses described in Standard Industrial Classification Code No. 7216.
"Drycleaning solvent" or "solvent" means any and all non-aqueous solvents or products used, or intended for use, in the cleaning of garments and other fabrics at a drycleaning facility and includes, but is not limited to, dense non-aqueous solvents such as chlorinated solvents like perchloroethylene (perc), also known as tetrachloroethylene, light non-aqueous solvents such as petroleum-based solvents like Stoddard Solvent, and the products into which all such solvents or products degrade.
"Facility" means an active or abandoned drycleaning facility or an in-state wholesale distribution facility.
"Hydrocarbon-based drycleaning solvent" means a light non-aqueous solvent or product that is used as a primary cleaning agent in drycleaning operations and includes, but is not limited to, petroleum solvents such as Stoddard solvent.
"Impacted third party" means a lessor of real property on which a drycleaning facility or an in-state wholesale distribution facility is located, a property owner whose real property is adversely environmentally impacted by a release from a drycleaning facility or in-state wholesale distribution facility, or their predecessors, successors or assigns, mortgagees, predecessors-in-title, and successors-in-title.
"In-state wholesale distribution facility" means a place of business located in this state of a wholesale distributor or any real property premises or individual leasehold space located in this state, occupied by an in-state wholesale distribution facility after June 13, 1995.
"Light non-aqueous solvent or product" means any chemical or mixture of chemicals, other than water-based solvent, that is used in the drycleaning of clothes and that floats on water (in pure form has a specific gravity less than 1.0).
"Non-hydrocarbon-based drycleaning solvent" means a dense non-aqueous solvent or product that is used as a primary cleaning agent in drycleaning operations and includes, but is not limited to, halogenated chemical compounds such as perchloroethylene, trichloroethylene, and chlorofluorocarbons.
"Operator" means any person or persons with the responsibility for operation of a drycleaning facility or in-state wholesale distribution facility or that has an ownership interest in the drycleaning operation or wholesale distributor.
"Operation" with respect to a facility means maintaining or management.
"Owner" with respect to a facility, means the person who owns part or all of the real property of the facility.
"Person" means an individual, proprietorship, partnership, trust, estate, corporation, limited liability company, association, Tennessee or other state agency, U.S. or other federal agency, municipality, political subdivision, or officers thereof.
"Petition" is synonymous with "application."
"Potentially eligible party" or "PEP" means an active drycleaning facility owner or operator, current or prior abandoned drycleaner facility owner or operator, in-state wholesale distribution facility owner or operator, or impacted third party who is potentially eligible to participate in the DCERP and the DCERF.
"Release" means any spilling, pouring, overfilling, leaking, leaching, emitting, discharging, or escaping of drycleaning solvents from a drycleaning facility or an in-state wholesale distribution facility or its associated piping that impacts groundwater, surface water, or soils.
"Site" means the areal extent of contamination and all suitable areas in close proximity to the contamination necessary for the implementation of response actions.
"Wholesale distributor" means a person whose primary business is selling drycleaning solvents and supplies to in-state or out-of-state drycleaning facilities. Primary business means where the percentage of the person's gross receipts from the sale of drycleaning solvents and supplies to such drycleaning facilities equals or exceeds 20% of total gross receipts.
Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
