Environmental Permits Handbook
What Information Must I Provide?
Registrants must submit a completed Registration form:
Active or abandoned drycleaning facilities must submit a completed Drycleaning Facilities Registration form (form CN-1063) and the annual registration fee.
Instate wholesale distribution facilities must submit a completed Drycleaning Solvent Suppliers/Distributors Registration form (form CN-1062) and the annual registration fee. Each solvent supplier including IWDFs are required to submit a quarterly report of solvent sales and remit the solvent surcharges to the DCERP
New drycleaning facilities or IWDF initialing registering after October 15, 1997, must submit a notarized Best Management Practices (BMPs) certification statement verifying that the facility is in compliance with DCERPs BMPs. New drycleaning facilities that are not staffed by a Certified Environmental Drycleaner (CED) must request an extension in writing and submit a signed copy of the Temporary Extension Policy. CED exam registration forms can be obtained from the Professional Testing Corporation at www.ptcny.com or from the International Fabricare Institute at www.ifi.org.
How Will My Registration Be Processed?
Upon receipt of a registration form and appropriate fee, the DCERP reviews the form for completeness, and the registrant is notified of any deficiencies. After DCERP approval the location will be assigned a unique facility identification number. DCERP will issue a Certificate of Registration, to the registrant, which is only valid for the address printed on the certificate. It is unlawful to sell or transfer drycleaning solvent to a facility unless the facility has posted a valid certificate evidencing registration.
What Fees Are Required?
The Act requires payment of an annual registration fee and a per gallon surcharge on drycleaning solvent sold to drycleaning facilities. The fees and surcharges are deposited into the Drycleaner Environmental Response Fund. The fund is like an environmental insurance policy which is used for the reimbursement of expenditures for investigation and remediation (cleanup) of sites impacted by a release of drycleaning solvent.
ANNUAL REGISTRATION FEES
Abandoned drycleaning facility - The annual fee for an abandoned drycleaning facility is $1,500. An abandoned drycleaning facility can register after the initial registration period (January 31, 1996) provided that the current or prior owner or operator pays all past annual registration fees plus $50 per month late penalty since January 1996.
Instate wholesale distribution facilities - The annual registration fee for an IWDF is $5,500 per facility.
SOLVENT SURCHARGE FEES
Rule 1200-1-17 defines dense non-aqueous solvent or product as 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)
Rule 1200-1-17 defines a light non-aqueous solvent or product as 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 than1.0)
What Are My Rights And Responsibilities?
Owners and Operators of drycleaning facilities or in-state wholesale distribution facilities must annually register by October 31st. Owners and operators are subject to late/non-payment penalties of up to $50 per day. Owners and operators are responsible for complying with the rules of the Drycleaner Environmental Response Program and other applicable regulations.
It is illegal for drycleaning facilities or in-state wholesale distribution facilities to sell or transfer drycleaning solvent to an unregistered drycleaning facility. Violators are subject to civil penalties of up to $10,000 per incident.
Solvent suppliers who sell or transfer drycleaning solvent to Tennessee drycleaning facilities are responsible for collecting and remitting solvent surcharges to the department on a quarterly basis.
Owners and Operators of drycleaning facilities or in-state wholesale distribution facilities, current or prior owners or operators of abandoned drycleaning facilities and impacted third parties have the right to submit an application for acceptance of a site into the Program (Fund eligibility). After a site is preliminarily accepted into the program the applicant will hire a Drycleaner Approved Contractor (DCAC) who will conduct a Facility Inspection (FI) to determine the Fund eligibility of the site. The DCAC on behalf of the applicant will submit work plans, cost estimates and implementation schedules for each phase of the investigation/remediation. The Program will issue a Notice to Proceed (NTP) which authorizes the DCAC to initiate that particular phase of work. The applicant can periodically submit a DCERP Reimbursement Application (For Approved Costs) form CN-1125, to the Program for reimbursement of the reasonable cost of department-authorized inspection, investigation and remediation. The applicant is responsible for accepting responsibility for incurring costs(deductible) associated with each request for reimbursement at the following rates:
The statute (TCA 68-217-111) provides liability protection to eligible parties for releases under other laws or third party claims, if the site is fund eligible and is in material compliance with program requirements. The liability protection does not apply to personal injury claims or liability under federal laws.
What Are The Divisions Rights And Responsibilities?
The Department is required to attempt to contact and submit a registration form to each drycleaning facility, in-state wholesale distribution facility and registered abandoned drycleaning facility at least thirty (30) days prior to the registration due date.
The Department is required to provide each person who pays a registration fee with a receipt. The Department is required to deposit the fees and solvent surcharges into the Drycleaner Environmental Response Fund.
The Department may assess late/non-payment penalties of up to $50 per day and/or may proceed to court to obtain a judgment and seek execution of such judgement.
The Department will issue a Certificate of Registration to each properly registered facility.
Environmental Response Activities
Owners or operators who have properly registered, paid their fees and surcharges and maintained their facilities in substantial compliance may be eligible for reimbursement of the costs to investigate and cleanup their site.
After receipt and review of an application the owner, operator, property owner or impacted third party, will be notified by letter of the sites Fund eligibility. If the site is eligible the applicants contractor will submit work plans and cost proposals for each phase of the investigation/remediation of the site. Throughout the process the applicant will submit reimbursement request to DCERP. DCERP will evaluate the reimbursement request for reasonableness and consistency with the approved work plan and cost proposal. DCERP will reimburse the eligible costs associated with the investigation and cleanup less the appropriate deductible amount.
Upon completion of all necessary investigative/remedial work or a determination that no further investigation/remediation is necessary the Department will issue a certificate of completion.
Whom Do I Contact For Forms, Assistance And Other Information?
For further information including an informational brochure or DCERP Guidance Document packet, interested parties can send request to:
Response Program, Program Manager
Contact DCERP program staff at (615) 532.0900 or send a fax to (615) 741-1115.
The following web sites contains many additional references/publications:
What Environmental Permits Do I Need?
Qualified Drycleaner Approved Contractors (DCACs)
2009 Drycleaner Compliance Calendar
Rule 1200-1-17: Drycleaner Environmental Response Program
TCA § 68-217-101 et. seq: Drycleaners Environmental Response Act