68-217-102 - Definitions. - Tennessee Statutes

68-217-102. Definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Abandoned drycleaning facility” means any real property premises or individual leasehold space on which a drycleaning facility formerly operated;

     (2)  “Board” means the drycleaner environmental response board created under § 68-217-104;

     (3)  “Commissioner” means the commissioner of environment and conservation, or the commissioner's designee;

     (4)  “Dense non-aqueous solvent or product” means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that does not float on water;

     (5)  “Department” means the department of environment and conservation;

     (6)  “Drycleaner environmental response fund” refers to the fund established under § 68-217-103;

     (7)  “Drycleaning facility” means any commercial facility located in this state which 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;

     (8)  “Drycleaning operations” means cleaning of apparel and household fabrics, using one (1) or more drycleaning solvents, including, but not limited to, those businesses described in Standard Industrial Classification (SIC) Code No. 7216;

     (9)  “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, and light non-aqueous solvents such as petroleum-based solvents like Stoddard Solvent, and the products into which all such solvents or products degrade;

     (10)  “Full-time employee” means the total number of hours worked at a drycleaning facility by all full-time and part-time employees, excluding the owner/manager and dividing that number by forty (40). This hereafter shall be known as “full-time equivalence (FTE)”;

     (11)  “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;

     (12)  “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;

     (13)  “Light non-aqueous solvent or product” means any chemical or mixture of chemicals other than water-based solvents that is used in the drycleaning of clothes and that floats on water;

     (14)  “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 which impacts groundwater, surface water, surface or subsurface soils; and

     (15)  “Wholesale distributor” means a person or company whose primary business is selling drycleaning solvents and supplies to in-state or out-of-state drycleaning facilities. “Primary business,” as used in this subdivision (15), means where the percentage of the person's or company's gross receipts from the sale of drycleaning solvents and supplies to such drycleaning facilities equals or exceeds twenty percent (20%) of total gross receipts.

[Acts 1995, ch. 541, § 2; 1996, ch. 860, §§ 1, 2; 2002, ch. 598, §§ 1, 2.]