Terms Used In Tennessee Code > Title 68 > Environmental Protection > Chapter 217 - Tennessee Drycleaner's Environmental Response Act

• Abandoned drycleaning facility: means any real property premises or individual leasehold space on which a drycleaning facility formerly operated. See Tennessee Code 68-217-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commissioner: means the commissioner of environment and conservation, or the commissioner's designee. See Tennessee Code 68-217-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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. See Tennessee Code 68-217-102
• Department: means the department of environment and conservation. See Tennessee Code 68-217-102
• Drycleaner environmental response fund: refers to the fund established under §. See Tennessee Code 68-217-102
• 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. See Tennessee Code 68-217-102
• 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. See Tennessee Code 68-217-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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. See Tennessee Code 68-217-102
• 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. See Tennessee Code 68-217-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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. See Tennessee Code 68-217-102
• Month: means a calendar month. See Tennessee Code 1-3-105
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• 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. See Tennessee Code 68-217-102
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• 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. See Tennessee Code 68-217-102
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• 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. See Tennessee Code 68-217-102
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105