§ 68-217-105 — Duties and responsibilities of commissioner

(a) The commissioner has the following duties and responsibilities: (1) Develop and approve investigation and remediation strategies, including, but not limited to, presumptive remedial responses, establish a mechanism for approving contractors to perform investigation and remediation actions under this chapter, and establish a schedule of acceptable registration fees and costs for services rendered by approved contractors under this chapter; (2) Oversee expenditures required to provide administrative support and maximize the funds available for cleanup and minimize the administrative expenditures of the department; (3) Review and accept or deny the petition for entry into the program based on the standards set out in subdivision (a)(4)(B), and prioritize petitions described in this chapter according to promulgated rules and established guidelines. In establishing guidelines for site prioritization, the commissioner shall consider the degree of risk to human health and the environment and other factors as the commissioner may deem appropriate; (4) (A) Develop rules which establish a process for the 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 impacted third party to petition the commissioner for: (i) Entry into the program; (ii) The expenditure of monies from the fund for reimbursement of approved investigative or remedial response costs; (iii) Scheduling investigatory and remedial measures; and (iv) Administrative review of the final actions of the commissioner. (B) Once a drycleaning facility, in-state wholesale distribution facility, abandoned drycleaning facility, or impacted third party has petitioned the commissioner and has complied with all the requirements for entry into the program as established by this chapter, including the payment of necessary registration fees and, if applicable, surcharges on drycleaning solvents, then the commissioner shall accept the petition, inform the party of the decision to allow the site into the program established by this chapter, and inform the party of the priority ranking of the site. The commissioner may reject any petition and deny coverage under the chapter if the commissioner determines that the drycleaning facility, abandoned drycleaning facility, or in-state wholesale distribution facility has been in willful noncompliance with this chapter or the rules enacted under this chapter; (5) Develop rules which establish a process for the commissioner to withdraw the grant of a petition after notice to the petitioning party and all impacted third parties and a reasonable opportunity to cure. The commissioner may withdraw any favorable determination concerning any petition previously granted if the commissioner determines that the petitioner is in willful noncompliance with this chapter or the rules enacted under this chapter. A determination of ineligibility against the petitioning party, due to conduct that occurred after the granting of the initial petition by the commissioner, shall not otherwise affect another eligible party's ability to obtain reimbursement from the fund; (6) Authorize payments from the fund established by this chapter to a petitioner or its designee to reimburse the cost of an investigative or remedial response undertaken and approved pursuant to its rules. Sites which are high priority sites, as determined during the program entry process, will be reviewed by the commissioner, who will authorize the reimbursement of funds necessary for the cleanup of such sites with money available from the fund. Such authorization for payment from the fund to a petitioner or its designee shall be given prior to the expenditure of any fund monies; (7) Develop rules that institute a process for certification of the completion of all necessary investigation and remedial work or further that no investigation and remediation is necessary with respect to a site; and (8) Develop and promulgate regulations or guidelines establishing ongoing best management practices for the drycleaner industry in this state with respect to the handling of drycleaning solvent. (b) The commissioner shall promulgate all rules and regulations necessary to implement this chapter, including, but not limited to, rules on the subjects specified above, and shall conduct all contested case proceedings in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Judicial review of final orders of the commissioner in contested case proceedings shall be in the chancery court of Davidson County pursuant to the Uniform Administrative Procedures Act. (c) The commissioner shall promulgate rules that establish a schedule of amounts of annual registration fees to be paid by drycleaning facilities that is based on the amount of drycleaning solvent purchased. The maximum annual registration fee shall be one thousand five hundred dollars ($1,500) and this is the amount that shall be paid by abandoned drycleaning facilities. (d) The commissioner shall promulgate rules that establish three (3) categories of drycleaning facilities based on the amount of solvent used requiring payment of the different levels of deductible amounts stated in § 68-217-106 .

Legislative History

Amended by 2014 Tenn. Acts, ch. 976,s 3, eff. 5/22/2014. Acts 1995, ch. 541, § 5; 2002, ch. 598, § 3.