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Division of Financial Responsibility

Mission Statement

The mission of the Division of Financial Responsibility is to protect the interests of Tennessee citizens by ensuring that permitted entities prepare for unforeseen circumstances by posting collateral bonds and pollution liability coverage in an amount sufficient to pay for any future remediation efforts at sites which handle potentially hazardous materials.

What is "Financial Responsibility?"

Owners and operators of certain businesses, including solid and hazardous waste storage facilities, oil and gas wells, and processors of radioactive materials, are required by Tennessee law to provide proof that they have sufficient funds to pay for the clean up of any accidental releases of hazardous materials at their facilities, as well as the ability to compensate third parties for any damage to human health or property. In many cases, they must also demonstrate that they are able to pay for the long-term maintenance and monitoring of closed sites.

These operators, subject to the regulations of their permitting division, have several options for providing this assurance to the citizens of Tennessee, including the following:

  • Performance Bond
  • Cash Bond
  • Irrevocable Standby Letter of Credit
  • Trust Fund
  • Insurance Policy
  • Certificate of Deposit
  • Financial Test

The staff of the Division of Financial Responsibility work closely with the department's environmental programs, the Office of General Counsel, and the regulated community to make sure that all financial instruments meet the regulatory requirements of TDEC and are of an amount sufficient to protect the interests of the people of the state of Tennessee.

Financial Instruments Required for Each Environmental Program

**The department cannot guarantee the validity of the information found here. While we use reasonable efforts to include accurate and up to date information, we make no warranties as to the accuracy of the content and assume no liability or responsibility for an error or omission in the content.**

Program Specific Requirements and Downloadable Instrument Language

Statutory Basis Regulatory Basis
Hazardous Waste TCA 68-212-108 0400-12-01-.06(8)
Mineral Test Hole TCA 60-1-501-511 0950-01-02
Oil and Gas TCA 60-1-202, 60-1-704-705 0400-52-01
Radiological Health TCA 68-202-402-404 0400-20-10-.12(4)
Remediation TCA 68-212-201 et seq. 0400-15-01-.07(3) (delisting) and 0400-15-01-.12(3) (O&M)
Sewerage Systems TCA 69-3-122 No current regulations
Solid Waste Management TCA 68-211-116 0400-11-01-.03
Surface Mining (excluding coal) TCA 59-8-201 et seq., 59-8-401 et seq. 0400-42-02-.02
Underground Injection Control TCA 69-3-105 0400-45-06-.19
Underground Storage Tanks TCA 68-215-101 et seq. 0400-18-01-.08