Tenn. Code Ann. § 68-221-720 — TN Code / Title 68 / Chapter 221 / Section 68-221-720
Lead free requirements - Notice - Exceptions
Status: in_force

(a) All pipes, pipe or plumbing fittings or fixtures, solder, or flux that is used in the installation or repair of any public water system shall be lead free; provided, that this subsection (a) shall not apply to lead joints necessary for the repair of cast iron pipes. (b) All pipes, pipe or plumbing fittings or fixtures, solder, or flux that is used in the installation or repair of any plumbing, in a residential or nonresidential facility, which provides water for human consumption and is connected to a public water system, shall be lead free. (c) Subsections (a) and (b) shall not apply to: (1) Pipes, pipe or plumbing fittings or fixtures, including backflow preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or (2) Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles, or water distribution main gate valves that are two inches (2") in diameter or larger. (d) (1) No later than twenty-four (24) hours after a public water system confirms that the lead and copper 90th percentile lead action level, according to the federal Safe Drinking Water Act ( 42 U.S.C. § 300f et seq.), has been exceeded, the public water system shall notify the commissioner. The commissioner shall direct the public water system to conduct appropriate follow-up actions in accordance with state and federal drinking water rule requirements. (2) No later than seventy-two (72) hours after a public water system confirms that any individual lead monitoring result is above the lead action level, according to the federal Safe Drinking Water Act, the public water system shall provide notification to the customer or residence where the sample was collected. No later than seventy-two (72) hours after the public water system confirms that the lead and copper 90th percentile lead action level has been exceeded, the public water system shall provide public notification to all customers where such exceedance results from the following: (A) The lead content in the construction materials of the public water distribution system; or (B) Corrosivity of the water supply sufficient to cause leaching of lead. (3) (A) The notice required by this subsection (d) shall be provided in such manner, form, and frequency as may be reasonably required by the commissioner. (B) Notice under this subsection (d) shall be provided, even if there has been no violation of any drinking water regulation of the state. (4) Notice under this subsection (d) shall provide a clear and readily understandable explanation of the following: (A) The potential sources of lead in the drinking water; (B) Any potential adverse health effects; (C) Any reasonably available methods of mitigating known or potential lead content in drinking water; (D) Any steps the public water system is taking to mitigate lead content in drinking water; and (E) The necessity for seeking alternative water supplies, if any. (5) (A) If a public water system fails to notify persons that may be affected by lead contamination as required by subdivision (d)(2), the commissioner shall take appropriate action to ensure the public water system provides such notice within at least ten (10) days of such failure. (B) After the commissioner ensures proper notice has occurred by the public water system, the commissioner shall provide direct technical assistance to and oversight of the public water system to ensure the public water system conducts appropriate follow-up testing and exercises the necessary treatment optimization and distribution system modifications, where necessary, to achieve compliance. (e) (1) Any area where a local governmental unit has enacted or will enact ordinances, codes, regulations or governing policies not less stringent than subsection (b) is exempt from subsection (b). (2) There is reserved to the state the right to administer or enforce any applicable ordinances, codes, regulations or governing policies of the local governmental unit, should it fail to properly administer or enforce such ordinances, codes, regulations or governing policies. (f) Nothing herein shall be construed to require any public water system or any residential or nonresidential facility to remove or replace any piping or plumbing, installed prior to March 18, 1988, except as may be necessary in making a repair. Amended by 2016 Tenn. Acts, ch. 836, s 1, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 56, s 3, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 56, s 2, eff. 7/1/2015. Acts 1988, ch. 583, § 1; T.C.A., § 68-13-720.
(a) All pipes, pipe or plumbing fittings or fixtures, solder, or flux that is used in the installation or repair of any public water system shall be lead free; provided, that this subsection (a) shall not apply to lead joints necessary for the repair of cast iron pipes.
(b) All pipes, pipe or plumbing fittings or fixtures, solder, or flux that is used in the installation or repair of any plumbing, in a residential or nonresidential facility, which provides water for human consumption and is connected to a public water system, shall be lead free.
(c) Subsections (a) and (b) shall not apply to: (1) Pipes, pipe or plumbing fittings or fixtures, including backflow preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or (2) Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles, or water distribution main gate valves that are two inches (2") in diameter or larger.
(1) Pipes, pipe or plumbing fittings or fixtures, including backflow preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or
(2) Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles, or water distribution main gate valves that are two inches (2") in diameter or larger.
(d) (1) No later than twenty-four (24) hours after a public water system confirms that the lead and copper 90th percentile lead action level, according to the federal Safe Drinking Water Act ( 42 U.S.C. § 300f et seq.), has been exceeded, the public water system shall notify the commissioner. The commissioner shall direct the public water system to conduct appropriate follow-up actions in accordance with state and federal drinking water rule requirements. (2) No later than seventy-two (72) hours after a public water system confirms that any individual lead monitoring result is above the lead action level, according to the federal Safe Drinking Water Act, the public water system shall provide notification to the customer or residence where the sample was collected. No later than seventy-two (72) hours after the public water system confirms that the lead and copper 90th percentile lead action level has been exceeded, the public water system shall provide public notification to all customers where such exceedance results from the following: (A) The lead content in the construction materials of the public water distribution system; or (B) Corrosivity of the water supply sufficient to cause leaching of lead. (3) (A) The notice required by this subsection (d) shall be provided in such manner, form, and frequency as may be reasonably required by the commissioner. (B) Notice under this subsection (d) shall be provided, even if there has been no violation of any drinking water regulation of the state. (4) Notice under this subsection (d) shall provide a clear and readily understandable explanation of the following: (A) The potential sources of lead in the drinking water; (B) Any potential adverse health effects; (C) Any reasonably available methods of mitigating known or potential lead content in drinking water; (D) Any steps the public water system is taking to mitigate lead content in drinking water; and (E) The necessity for seeking alternative water supplies, if any. (5) (A) If a public water system fails to notify persons that may be affected by lead contamination as required by subdivision (d)(2), the commissioner shall take appropriate action to ensure the public water system provides such notice within at least ten (10) days of such failure. (B) After the commissioner ensures proper notice has occurred by the public water system, the commissioner shall provide direct technical assistance to and oversight of the public water system to ensure the public water system conducts appropriate follow-up testing and exercises the necessary treatment optimization and distribution system modifications, where necessary, to achieve compliance.
(1) No later than twenty-four (24) hours after a public water system confirms that the lead and copper 90th percentile lead action level, according to the federal Safe Drinking Water Act ( 42 U.S.C. § 300f et seq.), has been exceeded, the public water system shall notify the commissioner. The commissioner shall direct the public water system to conduct appropriate follow-up actions in accordance with state and federal drinking water rule requirements.
(2) No later than seventy-two (72) hours after a public water system confirms that any individual lead monitoring result is above the lead action level, according to the federal Safe Drinking Water Act, the public water system shall provide notification to the customer or residence where the sample was collected. No later than seventy-two (72) hours after the public water system confirms that the lead and copper 90th percentile lead action level has been exceeded, the public water system shall provide public notification to all customers where such exceedance results from the following: (A) The lead content in the construction materials of the public water distribution system; or (B) Corrosivity of the water supply sufficient to cause leaching of lead.
(A) The lead content in the construction materials of the public water distribution system; or
(B) Corrosivity of the water supply sufficient to cause leaching of lead.
(3) (A) The notice required by this subsection (d) shall be provided in such manner, form, and frequency as may be reasonably required by the commissioner. (B) Notice under this subsection (d) shall be provided, even if there has been no violation of any drinking water regulation of the state.
(A) The notice required by this subsection (d) shall be provided in such manner, form, and frequency as may be reasonably required by the commissioner.
(B) Notice under this subsection (d) shall be provided, even if there has been no violation of any drinking water regulation of the state.
(4) Notice under this subsection (d) shall provide a clear and readily understandable explanation of the following: (A) The potential sources of lead in the drinking water; (B) Any potential adverse health effects; (C) Any reasonably available methods of mitigating known or potential lead content in drinking water; (D) Any steps the public water system is taking to mitigate lead content in drinking water; and (E) The necessity for seeking alternative water supplies, if any.
(A) The potential sources of lead in the drinking water;
(B) Any potential adverse health effects;
(C) Any reasonably available methods of mitigating known or potential lead content in drinking water;
(D) Any steps the public water system is taking to mitigate lead content in drinking water; and
(E) The necessity for seeking alternative water supplies, if any.
(5) (A) If a public water system fails to notify persons that may be affected by lead contamination as required by subdivision (d)(2), the commissioner shall take appropriate action to ensure the public water system provides such notice within at least ten (10) days of such failure. (B) After the commissioner ensures proper notice has occurred by the public water system, the commissioner shall provide direct technical assistance to and oversight of the public water system to ensure the public water system conducts appropriate follow-up testing and exercises the necessary treatment optimization and distribution system modifications, where necessary, to achieve compliance.
(A) If a public water system fails to notify persons that may be affected by lead contamination as required by subdivision (d)(2), the commissioner shall take appropriate action to ensure the public water system provides such notice within at least ten (10) days of such failure.
(B) After the commissioner ensures proper notice has occurred by the public water system, the commissioner shall provide direct technical assistance to and oversight of the public water system to ensure the public water system conducts appropriate follow-up testing and exercises the necessary treatment optimization and distribution system modifications, where necessary, to achieve compliance.
(e) (1) Any area where a local governmental unit has enacted or will enact ordinances, codes, regulations or governing policies not less stringent than subsection (b) is exempt from subsection (b). (2) There is reserved to the state the right to administer or enforce any applicable ordinances, codes, regulations or governing policies of the local governmental unit, should it fail to properly administer or enforce such ordinances, codes, regulations or governing policies.
(1) Any area where a local governmental unit has enacted or will enact ordinances, codes, regulations or governing policies not less stringent than subsection (b) is exempt from subsection (b).
(2) There is reserved to the state the right to administer or enforce any applicable ordinances, codes, regulations or governing policies of the local governmental unit, should it fail to properly administer or enforce such ordinances, codes, regulations or governing policies.
(f) Nothing herein shall be construed to require any public water system or any residential or nonresidential facility to remove or replace any piping or plumbing, installed prior to March 18, 1988, except as may be necessary in making a repair.
Amended by 2016 Tenn. Acts, ch. 836, s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 56, s 3, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 56, s 2, eff. 7/1/2015.
Acts 1988, ch. 583, § 1; T.C.A., § 68-13-720.
Tenn. Code Ann. § 68-212-509 — TN Code / Title 68 / Chapter 212 / Section 68-212-509
Submission of information regarding quarantined site - Registry of quarantined sites
Status: in_force

(a) Within seven (7) days of issuing an order of quarantine, the law enforcement agency that issued the order shall transmit to the commissioner at least the following information regarding the site: (1) The date of the quarantine order; (2) The county; (3) The address; (4) The name of the owner of the site; and (5) A brief description of the site, such as single family home, apartment, motel, wooded area, etc. (b) The department of environment and conservation shall maintain a registry of all properties reported by a law enforcement agency that have been under order of quarantine for at least sixty (60) days. The registry shall be available for public inspection at the department and shall be posted on its website. Listed properties shall be removed from the registry when a law enforcement agency reports that the quarantine has been lifted in accordance with this part. Acts 2005, ch. 18, § 8.
(a) Within seven (7) days of issuing an order of quarantine, the law enforcement agency that issued the order shall transmit to the commissioner at least the following information regarding the site: (1) The date of the quarantine order; (2) The county; (3) The address; (4) The name of the owner of the site; and (5) A brief description of the site, such as single family home, apartment, motel, wooded area, etc.
(1) The date of the quarantine order;
(2) The county;
(3) The address;
(4) The name of the owner of the site; and
(5) A brief description of the site, such as single family home, apartment, motel, wooded area, etc.
(b) The department of environment and conservation shall maintain a registry of all properties reported by a law enforcement agency that have been under order of quarantine for at least sixty (60) days. The registry shall be available for public inspection at the department and shall be posted on its website. Listed properties shall be removed from the registry when a law enforcement agency reports that the quarantine has been lifted in accordance with this part.
Acts 2005, ch. 18, § 8.
Tenn. Code Ann. § 68-212-103 — TN Code / Title 68 / Chapter 212 / Section 68-212-103
Exemptions
Status: in_force

Exempted from this part are: (1) Hazardous wastes which are generated within a residence and are incident to the operation of that residence; and (2) The following wastes generated within a farm and incident to the operation of that farm: (A) Wastes from the growing and harvesting of agricultural crops or from the raising of animals (including animal manures), which are returned to the soils as fertilizers; and (B) Waste pesticides, provided the farmer triple-rinses each emptied pesticide container (using a capable solvent) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label. Acts 1977, ch. 175, § 2; 1979, ch. 410, § 1; 1981, ch. 174, §§ 5-7; T.C.A., § 53-6303; Acts 1984, ch. 577, § 1; T.C.A., § 68-46-103.
Exempted from this part are:
(1) Hazardous wastes which are generated within a residence and are incident to the operation of that residence; and
(2) The following wastes generated within a farm and incident to the operation of that farm: (A) Wastes from the growing and harvesting of agricultural crops or from the raising of animals (including animal manures), which are returned to the soils as fertilizers; and (B) Waste pesticides, provided the farmer triple-rinses each emptied pesticide container (using a capable solvent) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label.
(A) Wastes from the growing and harvesting of agricultural crops or from the raising of animals (including animal manures), which are returned to the soils as fertilizers; and
(B) Waste pesticides, provided the farmer triple-rinses each emptied pesticide container (using a capable solvent) and disposes of the pesticide residues on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label.
Acts 1977, ch. 175, § 2; 1979, ch. 410, § 1; 1981, ch. 174, §§ 5-7; T.C.A., § 53-6303; Acts 1984, ch. 577, § 1; T.C.A., § 68-46-103.
Tenn. Code Ann. § 68-211-853 — TN Code / Title 68 / Chapter 211 / Section 68-211-853
Landfills - Certification of operators, attendants and participating persons - Training - Suspension or revocation of operating license or operator's certification
Status: in_force

(a) By March 19, 1994, or any subsequently designated date for Tenn. Comp. R. & Regs. 1200-01-07-.04(1)(b)(3)(ii) to take effect, the board shall, by rule, establish a program for the certification of operators, attendants and other persons participating in or responsible for the operation of any Class I landfill regulated by the department. The department shall: (1) Identify those persons or positions involved in the operation of a solid waste disposal facility who are required to obtain certification; (2) Establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification; (3) Establish different levels of certification and requirements for certification for different sizes or types of facilities, as the department determines is appropriate; (4) Impose fees for the operator or attendant training and certification program; and (5) Require that there be one (1) or more certified attendants on the site of a Class I landfill at all times during the facility's hours of operation. (b) The training required under subdivision (a)(2) may be conducted by the department or by another person with the approval of the department. (c) The department may suspend or revoke the operating license of any landfill regulated by the department if persons at the facility fail to obtain certification required under subdivision (a)(1) or for failure to have a certified operator on the site as required under subdivision (a)(5). (d) The department may suspend or revoke an operator's certification for failure to comply with this part, rules promulgated under this part or conditions of operation made applicable to a solid waste disposal facility by the department. Acts 1991, ch. 451, § 23; T.C.A., § 68-31-853; Acts 1996, ch. 846, §§ 34, 35.
(a) By March 19, 1994, or any subsequently designated date for Tenn. Comp. R. & Regs. 1200-01-07-.04(1)(b)(3)(ii) to take effect, the board shall, by rule, establish a program for the certification of operators, attendants and other persons participating in or responsible for the operation of any Class I landfill regulated by the department. The department shall: (1) Identify those persons or positions involved in the operation of a solid waste disposal facility who are required to obtain certification; (2) Establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification; (3) Establish different levels of certification and requirements for certification for different sizes or types of facilities, as the department determines is appropriate; (4) Impose fees for the operator or attendant training and certification program; and (5) Require that there be one (1) or more certified attendants on the site of a Class I landfill at all times during the facility's hours of operation.
(1) Identify those persons or positions involved in the operation of a solid waste disposal facility who are required to obtain certification;
(2) Establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification;
(3) Establish different levels of certification and requirements for certification for different sizes or types of facilities, as the department determines is appropriate;
(4) Impose fees for the operator or attendant training and certification program; and
(5) Require that there be one (1) or more certified attendants on the site of a Class I landfill at all times during the facility's hours of operation.
(b) The training required under subdivision (a)(2) may be conducted by the department or by another person with the approval of the department.
(c) The department may suspend or revoke the operating license of any landfill regulated by the department if persons at the facility fail to obtain certification required under subdivision (a)(1) or for failure to have a certified operator on the site as required under subdivision (a)(5).
(d) The department may suspend or revoke an operator's certification for failure to comply with this part, rules promulgated under this part or conditions of operation made applicable to a solid waste disposal facility by the department.
Acts 1991, ch. 451, § 23; T.C.A., § 68-31-853; Acts 1996, ch. 846, §§ 34, 35.
Tenn. Code Ann. § 68-215-105 — TN Code / Title 68 / Chapter 215 / Section 68-215-105
Minimum requirements for tanks
Status: in_force

All petroleum underground storage tanks shall at a minimum: (1) Prevent releases due to structural failure for the operational life of the tank; (2) Be cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or the threatened release of any petroleum substance; and (3) The material used in construction or lining of the tank shall have compatibility between the substance stored in the petroleum underground storage tank and the interior of the petroleum underground storage tank. Acts 1988, ch. 984, § 7; T.C.A., § 68-53-105.
All petroleum underground storage tanks shall at a minimum:
(1) Prevent releases due to structural failure for the operational life of the tank;
(2) Be cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or the threatened release of any petroleum substance; and
(3) The material used in construction or lining of the tank shall have compatibility between the substance stored in the petroleum underground storage tank and the interior of the petroleum underground storage tank.
Acts 1988, ch. 984, § 7; T.C.A., § 68-53-105.
Tenn. Code Ann. § 68-215-112 — TN Code / Title 68 / Chapter 215 / Section 68-215-112
[Repealed] Reserved
Status: repealed

Acts 1988, ch. 984, § 14; T.C.A., § 68-53-112; Acts 2008 , ch. 794, § 9; repealed by Acts 2012 , ch. 986, § 38, effective 10/1/2012.
Tenn. Code Ann. § 68-212-203 — TN Code / Title 68 / Chapter 212 / Section 68-212-203
Remedial action fees
Status: in_force

(a) In addition to any other fees assessed by law, there is levied a remedial action fee on the generation and management of hazardous waste. The amounts of the fees are to be set for different categories of activities in a rule promulgated by the underground storage tanks and solid waste disposal control board; however, none of the fees may exceed the following maximum amounts: (1) Annual fees on the generation of hazardous waste: thirty-three thousand dollars ($33,000); and (2) Additional fees on the off-site shipment of hazardous waste, including the shipment of the waste to Tennessee facilities from out of state: seventy-five thousand dollars ($75,000). (b) For the purposes of determining the amount of hazardous waste subject to the fees levied under subsection (a), the following shall be excluded: (1) Waste which is exempted from regulation or otherwise exempted from assessment of fees in rules adopted by the board including, but not limited to, Tenn. Comp. R. & Regs. R. 0400-12-01-.02(1)(d)(3), Tenn. Comp. R. & Regs. R. 0400-12-01-.01(3)(c), Tenn. Comp. R. & Regs. R. 0400-12-01-.02(1)(a) and Tenn. Comp. R. & Regs. R. 0400-12-01-.04(1)(a)(4)(ii); (2) Waste which is discharged directly to any publicly owned treatment works or any wastewater treatment facility permitted pursuant to § 402 of the federal Clean Water Act ( 33 U.S.C. § 1342 ), as amended (P.L. No. 92-500), or the Tennessee Water Quality Control Act, compiled in title 69, chapter 3. However, hazardous wastewater shipped off-site to a commercial facility which discharges to a publicly owned treatment works or a permitted wastewater treatment facility is not excluded from the original generator's waste volume; (3) Sludge from publicly owned treatment works located in the state; (4) Bottom boiler ash and flyash from incinerators which process solely municipal waste; (5) Hazardous wastes generated from remediation or corrective actions required by the Tennessee Hazardous Waste Management Acts of 1977 and 1983, compiled in part 1 of this chapter; the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.); and the Comprehensive Environmental Response, Compensation and Liability Act ( 42 U.S.C. § 9601 et seq.); (6) Hazardous waste or hazardous waste sludges produced as a result of on-site treatment of hazardous waste. However, if the waste itself is excluded, the sludge resulting from treatment of such waste cannot be excluded; (7) Wastes which have been recycled on-site or transported off-site to be recycled, as "recycled" is defined at 40 CFR 261.2 , including, but not limited to, fuel blending, solvent recovery and metals recovery; (8) Hazardous waste resulting from a spill of hazardous waste or other material which, when spilled, becomes a hazardous waste; and (9) Hazardous wastes resulting from the removal and associated cleanup of an underground storage tank that previously contained a hazardous waste or other material which when discarded, leaked or spilled becomes a hazardous waste. (c) The board shall adopt rules and regulations governing the collection of fees levied under this section, and the records to be maintained in accordance with this part. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) The payment of fees levied under this section shall be made to the department and deposited solely to the credit of the hazardous waste remedial action fund created in § 68-212-204 . (e) For each fiscal year, there is appropriated from the state's general fund to the hazardous waste remedial action fund the sum of at least one million dollars ($1,000,000). This contribution must be paid to this fund in total in a new recurring appropriation each year, and shall not include any funds contributed in previous years which have not been expended. Despite any other law to the contrary, if the general assembly fails to authorize this appropriation in any given fiscal year, the maximum generator fee in that fiscal year shall be seven thousand five hundred dollars ($7,500) calculated at the rate of fourteen cents (14¢) per kilogram, the maximum off-site shipment fee shall be seven dollars ($7.00) per ton for hazardous waste, there shall be no fee for hazardous wastewaters, and the maximum transporter fee shall be two hundred seventy-five dollars ($275). (f) At no time shall the maximum unobligated balance in the hazardous waste remedial action fund exceed ten million dollars ($10,000,000). Fees shall be adjusted downward so that this level is not exceeded. Acts 1983, ch. 423, § 3; 1986, ch. 644, §§ 10, 11; 1989, ch. 321, §§ 5-7; 1989, ch. 552, §§ 8, 9; T.C.A., § 68-46-203; Acts 1994, ch. 890, § 4; 2007 , ch. 362, § 18.
(a) In addition to any other fees assessed by law, there is levied a remedial action fee on the generation and management of hazardous waste. The amounts of the fees are to be set for different categories of activities in a rule promulgated by the underground storage tanks and solid waste disposal control board; however, none of the fees may exceed the following maximum amounts: (1) Annual fees on the generation of hazardous waste: thirty-three thousand dollars ($33,000); and (2) Additional fees on the off-site shipment of hazardous waste, including the shipment of the waste to Tennessee facilities from out of state: seventy-five thousand dollars ($75,000).
(1) Annual fees on the generation of hazardous waste: thirty-three thousand dollars ($33,000); and
(2) Additional fees on the off-site shipment of hazardous waste, including the shipment of the waste to Tennessee facilities from out of state: seventy-five thousand dollars ($75,000).
(b) For the purposes of determining the amount of hazardous waste subject to the fees levied under subsection (a), the following shall be excluded: (1) Waste which is exempted from regulation or otherwise exempted from assessment of fees in rules adopted by the board including, but not limited to, Tenn. Comp. R. & Regs. R. 0400-12-01-.02(1)(d)(3), Tenn. Comp. R. & Regs. R. 0400-12-01-.01(3)(c), Tenn. Comp. R. & Regs. R. 0400-12-01-.02(1)(a) and Tenn. Comp. R. & Regs. R. 0400-12-01-.04(1)(a)(4)(ii); (2) Waste which is discharged directly to any publicly owned treatment works or any wastewater treatment facility permitted pursuant to § 402 of the federal Clean Water Act ( 33 U.S.C. § 1342 ), as amended (P.L. No. 92-500), or the Tennessee Water Quality Control Act, compiled in title 69, chapter 3. However, hazardous wastewater shipped off-site to a commercial facility which discharges to a publicly owned treatment works or a permitted wastewater treatment facility is not excluded from the original generator's waste volume; (3) Sludge from publicly owned treatment works located in the state; (4) Bottom boiler ash and flyash from incinerators which process solely municipal waste; (5) Hazardous wastes generated from remediation or corrective actions required by the Tennessee Hazardous Waste Management Acts of 1977 and 1983, compiled in part 1 of this chapter; the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.); and the Comprehensive Environmental Response, Compensation and Liability Act ( 42 U.S.C. § 9601 et seq.); (6) Hazardous waste or hazardous waste sludges produced as a result of on-site treatment of hazardous waste. However, if the waste itself is excluded, the sludge resulting from treatment of such waste cannot be excluded; (7) Wastes which have been recycled on-site or transported off-site to be recycled, as "recycled" is defined at 40 CFR 261.2 , including, but not limited to, fuel blending, solvent recovery and metals recovery; (8) Hazardous waste resulting from a spill of hazardous waste or other material which, when spilled, becomes a hazardous waste; and (9) Hazardous wastes resulting from the removal and associated cleanup of an underground storage tank that previously contained a hazardous waste or other material which when discarded, leaked or spilled becomes a hazardous waste.
(1) Waste which is exempted from regulation or otherwise exempted from assessment of fees in rules adopted by the board including, but not limited to, Tenn. Comp. R. & Regs. R. 0400-12-01-.02(1)(d)(3), Tenn. Comp. R. & Regs. R. 0400-12-01-.01(3)(c), Tenn. Comp. R. & Regs. R. 0400-12-01-.02(1)(a) and Tenn. Comp. R. & Regs. R. 0400-12-01-.04(1)(a)(4)(ii);
(2) Waste which is discharged directly to any publicly owned treatment works or any wastewater treatment facility permitted pursuant to § 402 of the federal Clean Water Act ( 33 U.S.C. § 1342 ), as amended (P.L. No. 92-500), or the Tennessee Water Quality Control Act, compiled in title 69, chapter 3. However, hazardous wastewater shipped off-site to a commercial facility which discharges to a publicly owned treatment works or a permitted wastewater treatment facility is not excluded from the original generator's waste volume;
(3) Sludge from publicly owned treatment works located in the state;
(4) Bottom boiler ash and flyash from incinerators which process solely municipal waste;
(5) Hazardous wastes generated from remediation or corrective actions required by the Tennessee Hazardous Waste Management Acts of 1977 and 1983, compiled in part 1 of this chapter; the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C. § 6901 et seq.); and the Comprehensive Environmental Response, Compensation and Liability Act ( 42 U.S.C. § 9601 et seq.);
(6) Hazardous waste or hazardous waste sludges produced as a result of on-site treatment of hazardous waste. However, if the waste itself is excluded, the sludge resulting from treatment of such waste cannot be excluded;
(7) Wastes which have been recycled on-site or transported off-site to be recycled, as "recycled" is defined at 40 CFR 261.2 , including, but not limited to, fuel blending, solvent recovery and metals recovery;
(8) Hazardous waste resulting from a spill of hazardous waste or other material which, when spilled, becomes a hazardous waste; and
(9) Hazardous wastes resulting from the removal and associated cleanup of an underground storage tank that previously contained a hazardous waste or other material which when discarded, leaked or spilled becomes a hazardous waste.
(c) The board shall adopt rules and regulations governing the collection of fees levied under this section, and the records to be maintained in accordance with this part. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) The payment of fees levied under this section shall be made to the department and deposited solely to the credit of the hazardous waste remedial action fund created in § 68-212-204 .
(e) For each fiscal year, there is appropriated from the state's general fund to the hazardous waste remedial action fund the sum of at least one million dollars ($1,000,000). This contribution must be paid to this fund in total in a new recurring appropriation each year, and shall not include any funds contributed in previous years which have not been expended. Despite any other law to the contrary, if the general assembly fails to authorize this appropriation in any given fiscal year, the maximum generator fee in that fiscal year shall be seven thousand five hundred dollars ($7,500) calculated at the rate of fourteen cents (14¢) per kilogram, the maximum off-site shipment fee shall be seven dollars ($7.00) per ton for hazardous waste, there shall be no fee for hazardous wastewaters, and the maximum transporter fee shall be two hundred seventy-five dollars ($275).
(f) At no time shall the maximum unobligated balance in the hazardous waste remedial action fund exceed ten million dollars ($10,000,000). Fees shall be adjusted downward so that this level is not exceeded.
Acts 1983, ch. 423, § 3; 1986, ch. 644, §§ 10, 11; 1989, ch. 321, §§ 5-7; 1989, ch. 552, §§ 8, 9; T.C.A., § 68-46-203; Acts 1994, ch. 890, § 4; 2007 , ch. 362, § 18.
Tenn. Code Ann. § 68-221-619 — TN Code / Title 68 / Chapter 221 / Section 68-221-619
[Repealed] Reserved
Status: repealed

Repealed by 2017 Tenn. Acts, ch. 340, s 1, eff. 5/9/2017. Added by 2016 Tenn. Acts, ch. 1050, s 1, eff. 7/1/2016.
Repealed by 2017 Tenn. Acts, ch. 340, s 1, eff. 5/9/2017.
Added by 2016 Tenn. Acts, ch. 1050, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 68-211-802 — TN Code / Title 68 / Chapter 211 / Section 68-211-802
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Authority" or "solid waste authority" means any public instrumentality organized pursuant to part 9 of this chapter; (2) "Board" means a board, established to manage the affairs of a municipal solid waste management region, except in §§ 68-211-119 - 68-211-121, [former] 68-211-852 [repealed], 68-211-853, 68-211-867 and 68-211-871 where "board" means the underground storage tanks and solid waste disposal control board created in § 68-211-111 ; (3) "Commissioner" means the commissioner of environment and conservation; (4) "Convenience center" means any area which is staffed and fenced that has waste receptacles on site that are open to the public, when an attendant is present, to receive household waste, municipal solid waste and recyclable materials; (5) "Department" means the department of environment and conservation; (6) "Development district" means a development district organized pursuant to title 13, chapter 14; (7) "Household hazardous waste" means solid wastes discarded from homes or similar sources as listed in 40 CFR 261.4(b)(1) , that are either hazardous wastes as listed by the EPA in 40 CFR 261.33(e) or (f) , or wastes that exhibit any of the following characteristics as defined in 40 CFR 261.21 - 261.24 : ignitability, corrosivity, reactivity and TCLP toxicity; (8) "Household waste" means any waste material, including garbage, trash and refuse, and yard waste derived from households. Households include single and multiple residences, campgrounds, picnic grounds and day-use recreation areas; (9) "Landfill" means a facility, permitted pursuant to part 1 of this chapter, where solid wastes are disposed of by burial in excavated pits or trenches or by placement on land and covering with soil or other approved material; (10) "Municipal solid waste" means any garbage, refuse, industrial lunchroom or office waste, household waste, household hazardous waste, yard waste, and any other material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities; provided, that "municipal solid waste" does not include the following: (A) Radioactive waste; (B) Hazardous waste as defined in § 68-212-104 ; (C) Infectious waste; (D) Materials that are being transported to a facility for reprocessing or reuse; provided further, that reprocessing or reuse does not include incineration or placement in a landfill; and (E) Industrial waste which may include office, domestic or cafeteria waste, managed in a privately owned solid waste disposal system or resource recovery facility, if such waste is generated solely by the owner of the solid waste disposal system or resource recovery facility; (11) "Operator" means the person who is in charge of the actual, on-site operation of a solid waste management facility during any period of operation; (12) "Person" means "person" as defined in § 68-211-103 ; (13) "Recovered materials" means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation processing. Such recovered materials are not solid waste; (14) "Recovered materials processing facility" means a facility engaged solely in the storage, processing and resale or reuse of recovered materials. A recovered materials processing facility is not a solid waste processing facility; (15) "Recyclable materials" means those materials which are capable of being reused or returned to use in the form of raw materials or products, whether or not such materials have been diverted or removed from the solid waste stream; (16) "Recycling" means the process by which recovered materials are transformed into new products, including the collection, separation, processing, and reuse of recovered materials either directly or as raw materials for the manufacture of new products; (17) "Region" means a municipal solid waste region organized pursuant to § 68-211-813(a) ; (18) "Shredded" means shredded, chipped, chopped, quartered, sliced at least circumferentially, or otherwise processed and rendered not whole in a manner to effectively prevent a tire from floating, as determined by the board; (19) "Solid waste stream" means the system through which solid waste and recoverable materials move from the point of discard to recovery or disposal; (20) "Tire" means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle; (21) "Transporter" means a person engaged in the transportation of municipal solid waste collected or to be baled or processed, or disposed of in Tennessee by rail, highway or water, in significant amounts. The amounts deemed significant shall be determined by the board and established by regulation; (22) "Used oil" means any oil which has been refined from crude or synthetic, or recovered oil and, as a result of use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and may be economically recycled or may be burned as fuel; (23) "Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect; and (24) "Yard waste" means vegetative matter resulting from landscaping, lawn maintenance and land clearing operations other than mining, agricultural and forestry operations. (b) Unless the context requires otherwise or this section defines a term differently, the definitions set forth in §§ 68-211-103 , 68-212-104 and 68-212-303 , and in any regulations promulgated pursuant to this chapter and chapter 212 of this title, apply to terms used in this part. Amended by 2014 Tenn. Acts, ch. 849, s 1, eff. 7/1/2014. Acts 1991, ch. 451, § 2; T.C.A., § 68-31-802; Acts 1995, ch. 501, § 3; 1996, ch. 846, §§ 3-8, 53; 1997 , ch. 221, § 1.
(a) As used in this part, unless the context otherwise requires: (1) "Authority" or "solid waste authority" means any public instrumentality organized pursuant to part 9 of this chapter; (2) "Board" means a board, established to manage the affairs of a municipal solid waste management region, except in §§ 68-211-119 - 68-211-121, [former] 68-211-852 [repealed], 68-211-853, 68-211-867 and 68-211-871 where "board" means the underground storage tanks and solid waste disposal control board created in § 68-211-111 ; (3) "Commissioner" means the commissioner of environment and conservation; (4) "Convenience center" means any area which is staffed and fenced that has waste receptacles on site that are open to the public, when an attendant is present, to receive household waste, municipal solid waste and recyclable materials; (5) "Department" means the department of environment and conservation; (6) "Development district" means a development district organized pursuant to title 13, chapter 14; (7) "Household hazardous waste" means solid wastes discarded from homes or similar sources as listed in 40 CFR 261.4(b)(1) , that are either hazardous wastes as listed by the EPA in 40 CFR 261.33(e) or (f) , or wastes that exhibit any of the following characteristics as defined in 40 CFR 261.21 - 261.24 : ignitability, corrosivity, reactivity and TCLP toxicity; (8) "Household waste" means any waste material, including garbage, trash and refuse, and yard waste derived from households. Households include single and multiple residences, campgrounds, picnic grounds and day-use recreation areas; (9) "Landfill" means a facility, permitted pursuant to part 1 of this chapter, where solid wastes are disposed of by burial in excavated pits or trenches or by placement on land and covering with soil or other approved material; (10) "Municipal solid waste" means any garbage, refuse, industrial lunchroom or office waste, household waste, household hazardous waste, yard waste, and any other material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities; provided, that "municipal solid waste" does not include the following: (A) Radioactive waste; (B) Hazardous waste as defined in § 68-212-104 ; (C) Infectious waste; (D) Materials that are being transported to a facility for reprocessing or reuse; provided further, that reprocessing or reuse does not include incineration or placement in a landfill; and (E) Industrial waste which may include office, domestic or cafeteria waste, managed in a privately owned solid waste disposal system or resource recovery facility, if such waste is generated solely by the owner of the solid waste disposal system or resource recovery facility; (11) "Operator" means the person who is in charge of the actual, on-site operation of a solid waste management facility during any period of operation; (12) "Person" means "person" as defined in § 68-211-103 ; (13) "Recovered materials" means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation processing. Such recovered materials are not solid waste; (14) "Recovered materials processing facility" means a facility engaged solely in the storage, processing and resale or reuse of recovered materials. A recovered materials processing facility is not a solid waste processing facility; (15) "Recyclable materials" means those materials which are capable of being reused or returned to use in the form of raw materials or products, whether or not such materials have been diverted or removed from the solid waste stream; (16) "Recycling" means the process by which recovered materials are transformed into new products, including the collection, separation, processing, and reuse of recovered materials either directly or as raw materials for the manufacture of new products; (17) "Region" means a municipal solid waste region organized pursuant to § 68-211-813(a) ; (18) "Shredded" means shredded, chipped, chopped, quartered, sliced at least circumferentially, or otherwise processed and rendered not whole in a manner to effectively prevent a tire from floating, as determined by the board; (19) "Solid waste stream" means the system through which solid waste and recoverable materials move from the point of discard to recovery or disposal; (20) "Tire" means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle; (21) "Transporter" means a person engaged in the transportation of municipal solid waste collected or to be baled or processed, or disposed of in Tennessee by rail, highway or water, in significant amounts. The amounts deemed significant shall be determined by the board and established by regulation; (22) "Used oil" means any oil which has been refined from crude or synthetic, or recovered oil and, as a result of use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and may be economically recycled or may be burned as fuel; (23) "Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect; and (24) "Yard waste" means vegetative matter resulting from landscaping, lawn maintenance and land clearing operations other than mining, agricultural and forestry operations.
(1) "Authority" or "solid waste authority" means any public instrumentality organized pursuant to part 9 of this chapter;
(2) "Board" means a board, established to manage the affairs of a municipal solid waste management region, except in §§ 68-211-119 - 68-211-121, [former] 68-211-852 [repealed], 68-211-853, 68-211-867 and 68-211-871 where "board" means the underground storage tanks and solid waste disposal control board created in § 68-211-111 ;
(3) "Commissioner" means the commissioner of environment and conservation;
(4) "Convenience center" means any area which is staffed and fenced that has waste receptacles on site that are open to the public, when an attendant is present, to receive household waste, municipal solid waste and recyclable materials;
(5) "Department" means the department of environment and conservation;
(6) "Development district" means a development district organized pursuant to title 13, chapter 14;
(7) "Household hazardous waste" means solid wastes discarded from homes or similar sources as listed in 40 CFR 261.4(b)(1) , that are either hazardous wastes as listed by the EPA in 40 CFR 261.33(e) or (f) , or wastes that exhibit any of the following characteristics as defined in 40 CFR 261.21 - 261.24 : ignitability, corrosivity, reactivity and TCLP toxicity;
(8) "Household waste" means any waste material, including garbage, trash and refuse, and yard waste derived from households. Households include single and multiple residences, campgrounds, picnic grounds and day-use recreation areas;
(9) "Landfill" means a facility, permitted pursuant to part 1 of this chapter, where solid wastes are disposed of by burial in excavated pits or trenches or by placement on land and covering with soil or other approved material;
(10) "Municipal solid waste" means any garbage, refuse, industrial lunchroom or office waste, household waste, household hazardous waste, yard waste, and any other material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities; provided, that "municipal solid waste" does not include the following: (A) Radioactive waste; (B) Hazardous waste as defined in § 68-212-104 ; (C) Infectious waste; (D) Materials that are being transported to a facility for reprocessing or reuse; provided further, that reprocessing or reuse does not include incineration or placement in a landfill; and (E) Industrial waste which may include office, domestic or cafeteria waste, managed in a privately owned solid waste disposal system or resource recovery facility, if such waste is generated solely by the owner of the solid waste disposal system or resource recovery facility;
(A) Radioactive waste;
(B) Hazardous waste as defined in § 68-212-104 ;
(C) Infectious waste;
(D) Materials that are being transported to a facility for reprocessing or reuse; provided further, that reprocessing or reuse does not include incineration or placement in a landfill; and
(E) Industrial waste which may include office, domestic or cafeteria waste, managed in a privately owned solid waste disposal system or resource recovery facility, if such waste is generated solely by the owner of the solid waste disposal system or resource recovery facility;
(11) "Operator" means the person who is in charge of the actual, on-site operation of a solid waste management facility during any period of operation;
(12) "Person" means "person" as defined in § 68-211-103 ;
(13) "Recovered materials" means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation processing. Such recovered materials are not solid waste;
(14) "Recovered materials processing facility" means a facility engaged solely in the storage, processing and resale or reuse of recovered materials. A recovered materials processing facility is not a solid waste processing facility;
(15) "Recyclable materials" means those materials which are capable of being reused or returned to use in the form of raw materials or products, whether or not such materials have been diverted or removed from the solid waste stream;
(16) "Recycling" means the process by which recovered materials are transformed into new products, including the collection, separation, processing, and reuse of recovered materials either directly or as raw materials for the manufacture of new products;
(17) "Region" means a municipal solid waste region organized pursuant to § 68-211-813(a) ;
(18) "Shredded" means shredded, chipped, chopped, quartered, sliced at least circumferentially, or otherwise processed and rendered not whole in a manner to effectively prevent a tire from floating, as determined by the board;
(19) "Solid waste stream" means the system through which solid waste and recoverable materials move from the point of discard to recovery or disposal;
(20) "Tire" means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle;
(21) "Transporter" means a person engaged in the transportation of municipal solid waste collected or to be baled or processed, or disposed of in Tennessee by rail, highway or water, in significant amounts. The amounts deemed significant shall be determined by the board and established by regulation;
(22) "Used oil" means any oil which has been refined from crude or synthetic, or recovered oil and, as a result of use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and may be economically recycled or may be burned as fuel;
(23) "Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect; and
(24) "Yard waste" means vegetative matter resulting from landscaping, lawn maintenance and land clearing operations other than mining, agricultural and forestry operations.
(b) Unless the context requires otherwise or this section defines a term differently, the definitions set forth in §§ 68-211-103 , 68-212-104 and 68-212-303 , and in any regulations promulgated pursuant to this chapter and chapter 212 of this title, apply to terms used in this part.
Amended by 2014 Tenn. Acts, ch. 849, s 1, eff. 7/1/2014.
Acts 1991, ch. 451, § 2; T.C.A., § 68-31-802; Acts 1995, ch. 501, § 3; 1996, ch. 846, §§ 3-8, 53; 1997 , ch. 221, § 1.
Tenn. Code Ann. § 68-211-201 — TN Code / Title 68 / Chapter 211 / Section 68-211-201
Short title
Status: in_force

This part shall be known and may be cited as the "Mercury Product Disposal Control Act." Acts 2010, ch. 840, § 2.
This part shall be known and may be cited as the "Mercury Product Disposal Control Act."
Acts 2010, ch. 840, § 2.
Tenn. Code Ann. § 68-211-835 — TN Code / Title 68 / Chapter 211 / Section 68-211-835
Tipping fee - Amount - Collection - Expenditure of revenues - Joint ventures - Surcharges - Solid waste disposal fees - Collection - Penalty for nonpayment - Use of fee
Status: in_force

(a) Each county, municipality, or solid waste authority which owns a municipal solid waste disposal facility or incinerator may impose a tipping fee upon each ton of municipal solid waste or its volume equivalent received at such solid waste disposal facility or incinerator. Such a tipping fee shall be set by the governing body of the county or municipality, or by the board of directors of the solid waste authority. This tipping fee shall be collected by the operator of the publicly owned municipal solid waste disposal facility or incinerator and remitted to the owner. The fee imposed may be equal to, or a portion of, the estimated cost of providing solid waste management services on a per ton or volume equivalent. Such full cost shall be determined pursuant to the uniform solid waste accounting system developed by the comptroller of the treasury. (b) Revenue from tipping fees at publicly owned solid waste disposal facilities and incinerators received by counties, municipalities and solid waste authorities shall be expended only for solid waste management purposes. (c) When a municipal solid waste disposal facility is operated as a joint venture by more than one (1) city or county, or combination thereof, or by an authority, the tipping fee authorized under this section shall be imposed by the joint operators or authority, and the tipping fee received shall be remitted to the participating local governments or authorities for expenditure for solid waste management purposes only. (d) (1) In addition to any tipping fee imposed by any local government under this section, there shall also be imposed a surcharge of ninety cents ($0.90) on each ton of municipal solid waste received at all Class I solid waste disposal facilities or incinerators. (2) The operator of the municipal solid waste disposal facility or incinerator shall collect this surcharge and remit it to the state treasury, except that the operator shall be allowed a deduction of the surcharge due, reported and paid to the department in the amount of one percent (1%) of the amount due on the report. No deduction from the fee shall be allowed if the report or payment of the surcharge is delinquent. Of the funds received from this surcharge, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed two million six hundred thousand dollars ($2,600,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the solid waste management fund. On July 1, 2012, and thereafter, all of the funds received from this surcharge shall be credited to the solid waste management fund. (e) In order to encourage regional use of solid waste disposal facilities or incinerators, a county that is host to a solid waste disposal facility or incinerator used by other counties in the same region formed pursuant to this part may impose a surcharge on municipal solid waste received at any such solid waste disposal facility or incinerator by resolution of its county legislative bodies in the region. The surcharge shall be imposed on each ton or volume equivalent of municipal solid waste so received. The revenue received by a county from the surcharge authorized by this subsection (e) shall be expended for solid waste management purposes, or for purposes related to offsetting costs incurred and other impacts resulting from the county being host to the solid waste disposal facility or incinerator. If any municipality in the host county incurs costs as a result of such a municipal solid waste facility or incinerator, then the county shall appropriate funds derived from the surcharge revenue to the municipality which shall be used by the municipality to offset such costs. (f) (1) In addition to any fee authorized by title 5, and to any tipping fee imposed by any local government under this section, a county, municipality or solid waste authority is authorized to impose: (A) A surcharge on each ton of municipal solid waste received at a solid waste disposal facility or incinerator for expenditure for solid waste collection, processing, or disposal purposes consistent with this part; and/or (B) A solid waste disposal fee authorized by subsection (g). (2) The surcharge authorized to be imposed by a county by subdivision (f)(1)(A) shall not take effect until a regional solid waste plan is approved for such county. (g) (1) In addition to any power authorized by title 5, a county, municipality or solid waste authority is authorized to impose and collect a solid waste disposal fee. Funds generated from such fees may only be used to establish and maintain solid waste collection and disposal services, including, but not limited to, convenience centers. All residents of the county shall have access to these services. The amount of the fee shall bear a reasonable relationship to the cost of providing the solid waste disposal services. Such fees shall be segregated from the general fund and shall be used only for the purposes for which they were collected. (2) Subject to any other requirement of law, a county, municipality or solid waste authority may enter into an agreement with an electric utility to collect the solid waste disposal fee as a part of the utility's billing process. The agreement shall be approved by the governing body of the county or municipality entering into the agreement, or, in the case of a solid waste authority, the agreement shall be approved by the authority's board of directors. (3) A solid waste disposal fee shall not be imposed on any generator of solid waste when the generator's solid waste is managed in a privately owned solid waste disposal system or resource recovery facility owned by the generator. (4) In any county having a population of not less than nineteen thousand three hundred (19,300) nor more than nineteen thousand six hundred (19,600) or not less than twenty-two thousand two hundred (22,200) nor more than twenty-two thousand five hundred (22,500) or not less than twenty-three thousand three hundred (23,300) nor more than twenty-three thousand four hundred (23,400), according to the 1990 federal census or any subsequent federal census, or any county having a population of not less than sixteen thousand two hundred (16,200) nor more than sixteen thousand three hundred (16,300), according to the 2020 federal census or any subsequent federal census, the solid waste disposal fee authorized by this subsection (g) shall be subject to the same penalty and interest as delinquent property taxes if not paid within thirty (30) days after notice of such fee is mailed. The unpaid fees, penalty, interest and cost shall be a lien on the real estate and improvements thereon upon filing of a notice with the office of the register of deeds of the county in which the property lies. Such lien shall be in favor of the jurisdiction, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. The notice shall identify the debtor, owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien. No sale or transfer, including, but not limited to, a transfer to an heir-at-law, assignee or legatee of such real property may be legally closed and recorded until the lien has been satisfied. The same shall apply if the property is to be made the subject of a contract of sale. Upon the sale or transfer of the real property, the successor, successors or assigns shall be required to withhold a sufficient amount of the purchase money to cover the amount of the fees, interest, penalty and cost. The jurisdiction may collect the delinquent fees, penalty, interest and cost through an action for debt filed in any court of competent jurisdiction. (h) (1) As used in this subsection (h), "county" means any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (2) In addition to any power authorized by title 5, a county is authorized to impose and collect a solid waste collection, processing, and disposal fee, referred to in this subsection (h) as the "fee." Funds generated from the fee shall only be used to: (A) Establish and maintain solid waste collection, processing, and disposal services including, but not limited to, convenience centers; (B) Establish and maintain material recovery venues and programs; and (C) Cover costs borne by a county as a consequence of disposal, including the expenses incurred in determining such costs. (3) All residents of the county imposing the fee shall have access to the services, venues, and programs established and maintained pursuant to subdivisions (h)(2)(A) and (B). (4) The amount of the fee shall bear a reasonable relationship to the cost of providing the services, venues, and programs established and maintained pursuant to subdivisions (h)(2)(A) and (B). The fee to be imposed by the county shall be set by the county in consultation with and subject to the approval of the underground storage tanks and solid waste disposal control board created in § 68-211-111 . (5) All moneys collected from the fee shall be segregated from the general fund. Amended by 2023 Tenn. Acts, ch. 82, s 1, eff. 3/31/2023. Amended by 2016 Tenn. Acts, ch. 818, Secs.s 1, s 2 eff. 4/21/2016. Acts 1991, ch. 451, § 54; T.C.A., § 68-31-835; Acts 1996, ch. 846, § 31; 1997 , ch. 343, § 1; 1998, ch. 817, §§ 1 - 3; 1999, ch. 384, §§ 1, 2; 2002, ch. 720, §§ 1, 2; 2004, ch. 783, § 1; 2007 , ch. 462, § 12; 2009 , ch. 531, § 5.
(a) Each county, municipality, or solid waste authority which owns a municipal solid waste disposal facility or incinerator may impose a tipping fee upon each ton of municipal solid waste or its volume equivalent received at such solid waste disposal facility or incinerator. Such a tipping fee shall be set by the governing body of the county or municipality, or by the board of directors of the solid waste authority. This tipping fee shall be collected by the operator of the publicly owned municipal solid waste disposal facility or incinerator and remitted to the owner. The fee imposed may be equal to, or a portion of, the estimated cost of providing solid waste management services on a per ton or volume equivalent. Such full cost shall be determined pursuant to the uniform solid waste accounting system developed by the comptroller of the treasury.
(b) Revenue from tipping fees at publicly owned solid waste disposal facilities and incinerators received by counties, municipalities and solid waste authorities shall be expended only for solid waste management purposes.
(c) When a municipal solid waste disposal facility is operated as a joint venture by more than one (1) city or county, or combination thereof, or by an authority, the tipping fee authorized under this section shall be imposed by the joint operators or authority, and the tipping fee received shall be remitted to the participating local governments or authorities for expenditure for solid waste management purposes only.
(d) (1) In addition to any tipping fee imposed by any local government under this section, there shall also be imposed a surcharge of ninety cents ($0.90) on each ton of municipal solid waste received at all Class I solid waste disposal facilities or incinerators. (2) The operator of the municipal solid waste disposal facility or incinerator shall collect this surcharge and remit it to the state treasury, except that the operator shall be allowed a deduction of the surcharge due, reported and paid to the department in the amount of one percent (1%) of the amount due on the report. No deduction from the fee shall be allowed if the report or payment of the surcharge is delinquent. Of the funds received from this surcharge, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed two million six hundred thousand dollars ($2,600,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the solid waste management fund. On July 1, 2012, and thereafter, all of the funds received from this surcharge shall be credited to the solid waste management fund.
(1) In addition to any tipping fee imposed by any local government under this section, there shall also be imposed a surcharge of ninety cents ($0.90) on each ton of municipal solid waste received at all Class I solid waste disposal facilities or incinerators.
(2) The operator of the municipal solid waste disposal facility or incinerator shall collect this surcharge and remit it to the state treasury, except that the operator shall be allowed a deduction of the surcharge due, reported and paid to the department in the amount of one percent (1%) of the amount due on the report. No deduction from the fee shall be allowed if the report or payment of the surcharge is delinquent. Of the funds received from this surcharge, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed two million six hundred thousand dollars ($2,600,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the solid waste management fund. On July 1, 2012, and thereafter, all of the funds received from this surcharge shall be credited to the solid waste management fund.
(e) In order to encourage regional use of solid waste disposal facilities or incinerators, a county that is host to a solid waste disposal facility or incinerator used by other counties in the same region formed pursuant to this part may impose a surcharge on municipal solid waste received at any such solid waste disposal facility or incinerator by resolution of its county legislative bodies in the region. The surcharge shall be imposed on each ton or volume equivalent of municipal solid waste so received. The revenue received by a county from the surcharge authorized by this subsection (e) shall be expended for solid waste management purposes, or for purposes related to offsetting costs incurred and other impacts resulting from the county being host to the solid waste disposal facility or incinerator. If any municipality in the host county incurs costs as a result of such a municipal solid waste facility or incinerator, then the county shall appropriate funds derived from the surcharge revenue to the municipality which shall be used by the municipality to offset such costs.
(f) (1) In addition to any fee authorized by title 5, and to any tipping fee imposed by any local government under this section, a county, municipality or solid waste authority is authorized to impose: (A) A surcharge on each ton of municipal solid waste received at a solid waste disposal facility or incinerator for expenditure for solid waste collection, processing, or disposal purposes consistent with this part; and/or (B) A solid waste disposal fee authorized by subsection (g). (2) The surcharge authorized to be imposed by a county by subdivision (f)(1)(A) shall not take effect until a regional solid waste plan is approved for such county.
(1) In addition to any fee authorized by title 5, and to any tipping fee imposed by any local government under this section, a county, municipality or solid waste authority is authorized to impose: (A) A surcharge on each ton of municipal solid waste received at a solid waste disposal facility or incinerator for expenditure for solid waste collection, processing, or disposal purposes consistent with this part; and/or (B) A solid waste disposal fee authorized by subsection (g).
(A) A surcharge on each ton of municipal solid waste received at a solid waste disposal facility or incinerator for expenditure for solid waste collection, processing, or disposal purposes consistent with this part; and/or
(B) A solid waste disposal fee authorized by subsection (g).
(2) The surcharge authorized to be imposed by a county by subdivision (f)(1)(A) shall not take effect until a regional solid waste plan is approved for such county.
(g) (1) In addition to any power authorized by title 5, a county, municipality or solid waste authority is authorized to impose and collect a solid waste disposal fee. Funds generated from such fees may only be used to establish and maintain solid waste collection and disposal services, including, but not limited to, convenience centers. All residents of the county shall have access to these services. The amount of the fee shall bear a reasonable relationship to the cost of providing the solid waste disposal services. Such fees shall be segregated from the general fund and shall be used only for the purposes for which they were collected. (2) Subject to any other requirement of law, a county, municipality or solid waste authority may enter into an agreement with an electric utility to collect the solid waste disposal fee as a part of the utility's billing process. The agreement shall be approved by the governing body of the county or municipality entering into the agreement, or, in the case of a solid waste authority, the agreement shall be approved by the authority's board of directors. (3) A solid waste disposal fee shall not be imposed on any generator of solid waste when the generator's solid waste is managed in a privately owned solid waste disposal system or resource recovery facility owned by the generator. (4) In any county having a population of not less than nineteen thousand three hundred (19,300) nor more than nineteen thousand six hundred (19,600) or not less than twenty-two thousand two hundred (22,200) nor more than twenty-two thousand five hundred (22,500) or not less than twenty-three thousand three hundred (23,300) nor more than twenty-three thousand four hundred (23,400), according to the 1990 federal census or any subsequent federal census, or any county having a population of not less than sixteen thousand two hundred (16,200) nor more than sixteen thousand three hundred (16,300), according to the 2020 federal census or any subsequent federal census, the solid waste disposal fee authorized by this subsection (g) shall be subject to the same penalty and interest as delinquent property taxes if not paid within thirty (30) days after notice of such fee is mailed. The unpaid fees, penalty, interest and cost shall be a lien on the real estate and improvements thereon upon filing of a notice with the office of the register of deeds of the county in which the property lies. Such lien shall be in favor of the jurisdiction, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. The notice shall identify the debtor, owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien. No sale or transfer, including, but not limited to, a transfer to an heir-at-law, assignee or legatee of such real property may be legally closed and recorded until the lien has been satisfied. The same shall apply if the property is to be made the subject of a contract of sale. Upon the sale or transfer of the real property, the successor, successors or assigns shall be required to withhold a sufficient amount of the purchase money to cover the amount of the fees, interest, penalty and cost. The jurisdiction may collect the delinquent fees, penalty, interest and cost through an action for debt filed in any court of competent jurisdiction.
(1) In addition to any power authorized by title 5, a county, municipality or solid waste authority is authorized to impose and collect a solid waste disposal fee. Funds generated from such fees may only be used to establish and maintain solid waste collection and disposal services, including, but not limited to, convenience centers. All residents of the county shall have access to these services. The amount of the fee shall bear a reasonable relationship to the cost of providing the solid waste disposal services. Such fees shall be segregated from the general fund and shall be used only for the purposes for which they were collected.
(2) Subject to any other requirement of law, a county, municipality or solid waste authority may enter into an agreement with an electric utility to collect the solid waste disposal fee as a part of the utility's billing process. The agreement shall be approved by the governing body of the county or municipality entering into the agreement, or, in the case of a solid waste authority, the agreement shall be approved by the authority's board of directors.
(3) A solid waste disposal fee shall not be imposed on any generator of solid waste when the generator's solid waste is managed in a privately owned solid waste disposal system or resource recovery facility owned by the generator.
(4) In any county having a population of not less than nineteen thousand three hundred (19,300) nor more than nineteen thousand six hundred (19,600) or not less than twenty-two thousand two hundred (22,200) nor more than twenty-two thousand five hundred (22,500) or not less than twenty-three thousand three hundred (23,300) nor more than twenty-three thousand four hundred (23,400), according to the 1990 federal census or any subsequent federal census, or any county having a population of not less than sixteen thousand two hundred (16,200) nor more than sixteen thousand three hundred (16,300), according to the 2020 federal census or any subsequent federal census, the solid waste disposal fee authorized by this subsection (g) shall be subject to the same penalty and interest as delinquent property taxes if not paid within thirty (30) days after notice of such fee is mailed. The unpaid fees, penalty, interest and cost shall be a lien on the real estate and improvements thereon upon filing of a notice with the office of the register of deeds of the county in which the property lies. Such lien shall be in favor of the jurisdiction, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. The notice shall identify the debtor, owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien. No sale or transfer, including, but not limited to, a transfer to an heir-at-law, assignee or legatee of such real property may be legally closed and recorded until the lien has been satisfied. The same shall apply if the property is to be made the subject of a contract of sale. Upon the sale or transfer of the real property, the successor, successors or assigns shall be required to withhold a sufficient amount of the purchase money to cover the amount of the fees, interest, penalty and cost. The jurisdiction may collect the delinquent fees, penalty, interest and cost through an action for debt filed in any court of competent jurisdiction.
(h) (1) As used in this subsection (h), "county" means any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (2) In addition to any power authorized by title 5, a county is authorized to impose and collect a solid waste collection, processing, and disposal fee, referred to in this subsection (h) as the "fee." Funds generated from the fee shall only be used to: (A) Establish and maintain solid waste collection, processing, and disposal services including, but not limited to, convenience centers; (B) Establish and maintain material recovery venues and programs; and (C) Cover costs borne by a county as a consequence of disposal, including the expenses incurred in determining such costs. (3) All residents of the county imposing the fee shall have access to the services, venues, and programs established and maintained pursuant to subdivisions (h)(2)(A) and (B). (4) The amount of the fee shall bear a reasonable relationship to the cost of providing the services, venues, and programs established and maintained pursuant to subdivisions (h)(2)(A) and (B). The fee to be imposed by the county shall be set by the county in consultation with and subject to the approval of the underground storage tanks and solid waste disposal control board created in § 68-211-111 . (5) All moneys collected from the fee shall be segregated from the general fund.
(1) As used in this subsection (h), "county" means any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(2) In addition to any power authorized by title 5, a county is authorized to impose and collect a solid waste collection, processing, and disposal fee, referred to in this subsection (h) as the "fee." Funds generated from the fee shall only be used to: (A) Establish and maintain solid waste collection, processing, and disposal services including, but not limited to, convenience centers; (B) Establish and maintain material recovery venues and programs; and (C) Cover costs borne by a county as a consequence of disposal, including the expenses incurred in determining such costs.
(A) Establish and maintain solid waste collection, processing, and disposal services including, but not limited to, convenience centers;
(B) Establish and maintain material recovery venues and programs; and
(C) Cover costs borne by a county as a consequence of disposal, including the expenses incurred in determining such costs.
(3) All residents of the county imposing the fee shall have access to the services, venues, and programs established and maintained pursuant to subdivisions (h)(2)(A) and (B).
(4) The amount of the fee shall bear a reasonable relationship to the cost of providing the services, venues, and programs established and maintained pursuant to subdivisions (h)(2)(A) and (B). The fee to be imposed by the county shall be set by the county in consultation with and subject to the approval of the underground storage tanks and solid waste disposal control board created in § 68-211-111 .
(5) All moneys collected from the fee shall be segregated from the general fund.
Amended by 2023 Tenn. Acts, ch. 82, s 1, eff. 3/31/2023.
Amended by 2016 Tenn. Acts, ch. 818, Secs.s 1, s 2 eff. 4/21/2016.
Acts 1991, ch. 451, § 54; T.C.A., § 68-31-835; Acts 1996, ch. 846, § 31; 1997 , ch. 343, § 1; 1998, ch. 817, §§ 1 - 3; 1999, ch. 384, §§ 1, 2; 2002, ch. 720, §§ 1, 2; 2004, ch. 783, § 1; 2007 , ch. 462, § 12; 2009 , ch. 531, § 5.
Tenn. Code Ann. § 68-202-705 — TN Code / Title 68 / Chapter 202 / Section 68-202-705
Commissioner's authority - Rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations as are necessary to effectuate the policies of the commission or this part. Rules and regulations shall include, but are not limited to, requirements and standards regarding the generation, processing, packaging, storage and transportation of low-level radioactive waste. Acts 1993, ch. 143, § 2.
The commissioner is authorized to promulgate rules and regulations as are necessary to effectuate the policies of the commission or this part. Rules and regulations shall include, but are not limited to, requirements and standards regarding the generation, processing, packaging, storage and transportation of low-level radioactive waste.
Acts 1993, ch. 143, § 2.
Tenn. Code Ann. § 68-211-918 — TN Code / Title 68 / Chapter 211 / Section 68-211-918
Counties and municipalities - Powers - Violation of ordinances or resolutions - Penalty - Injunctive relief
Status: in_force

(a) Any county or municipality with respect to which the authority was organized has all necessary powers in order to further the purposes of this part, including, without limitation, the power to: (1) Provide that any funds available to it for solid waste or resource recovery purposes shall be paid directly to the authority; and (2) Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing solid waste disposal or resource recovery facility or other related property, or grant easements, licenses or other rights or privileges therein to the authority. (b) The governing body of each county or municipality participating in the organization of the authority may appropriate general funds or unappropriated moneys from any other fund, to pay expenses of the authority or provide for the operation of any of the projects, facilities and systems authorized by this part, and each such governing body may levy a tax, in addition to all other taxes, upon all taxable property within the respective county or municipality, sufficient to pay such appropriation to the authority. Any such tax on property shall be collected in the same manner as other property taxes of the county or municipality are collected and, similarly, all laws for the enforcement of county and municipal tax liens shall apply. (c) Any person who willfully violates any of the ordinances or resolutions passed by any of the municipalities or any county or counties with respect to which the authority was organized or willfully fails, neglects or refuses to comply with such ordinances or resolutions commits a Class A misdemeanor. Each day of continued violation constitutes a separate offense. (d) In addition to the penalties provided herein, the municipalities and any county or counties with respect to which the authority was organized may enforce any ordinances, resolutions or contracts issued or entered into to carry out this section by instituting legal proceedings to enjoin the violation of this section, in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation of this section. Acts 1991, ch. 451, § 75; T.C.A., § 68-31-918.
(a) Any county or municipality with respect to which the authority was organized has all necessary powers in order to further the purposes of this part, including, without limitation, the power to: (1) Provide that any funds available to it for solid waste or resource recovery purposes shall be paid directly to the authority; and (2) Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing solid waste disposal or resource recovery facility or other related property, or grant easements, licenses or other rights or privileges therein to the authority.
(1) Provide that any funds available to it for solid waste or resource recovery purposes shall be paid directly to the authority; and
(2) Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing solid waste disposal or resource recovery facility or other related property, or grant easements, licenses or other rights or privileges therein to the authority.
(b) The governing body of each county or municipality participating in the organization of the authority may appropriate general funds or unappropriated moneys from any other fund, to pay expenses of the authority or provide for the operation of any of the projects, facilities and systems authorized by this part, and each such governing body may levy a tax, in addition to all other taxes, upon all taxable property within the respective county or municipality, sufficient to pay such appropriation to the authority. Any such tax on property shall be collected in the same manner as other property taxes of the county or municipality are collected and, similarly, all laws for the enforcement of county and municipal tax liens shall apply.
(c) Any person who willfully violates any of the ordinances or resolutions passed by any of the municipalities or any county or counties with respect to which the authority was organized or willfully fails, neglects or refuses to comply with such ordinances or resolutions commits a Class A misdemeanor. Each day of continued violation constitutes a separate offense.
(d) In addition to the penalties provided herein, the municipalities and any county or counties with respect to which the authority was organized may enforce any ordinances, resolutions or contracts issued or entered into to carry out this section by instituting legal proceedings to enjoin the violation of this section, in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation of this section.
Acts 1991, ch. 451, § 75; T.C.A., § 68-31-918.
Tenn. Code Ann. § 68-221-415 — TN Code / Title 68 / Chapter 221 / Section 68-221-415
Advanced treatment systems pilot project study
Status: in_force

(a) The department of environment and conservation is directed to coordinate a pilot project study of advanced treatment systems (ATS) over a two-year period. For purposes of §§ 68-221-415 - 68-221-417, ATS are defined as those waste water treatment systems that have been certified and listed by the National Sanitation Foundation as meeting American National Standard Institute/National Sanitation Foundation, "ANSI/NSF" Standard 40 or those systems that have been certified by another third party testing entity acceptable to the commissioner as meeting ANSI/NSF Standard 40 by a methodology acceptable to the commissioner. The department shall determine which of the existing water and waste water treatment authorities ("authorities") created pursuant to title 68, chapter 221, part 6 wish to participate in this study. The department and any participating authorities shall develop a detailed plan for the pilot project study. Any authorities created after the initiation of the study shall be eligible to participate on the same terms as the existing authorities. The study shall be conducted as follows: (1) It shall only be conducted in counties, municipalities, or metropolitan governments that have established an authority; (2) The costs of the study shall be borne by the participating authorities, the owners of ATS, and the manufacturers; (3) During the term of the study, the manufacturer shall conduct quarterly sampling and analysis of the effluent to determine if the level of CBOD5 is no higher than twenty-five milligrams per liter (25 mg/l) and the level of TSS is no higher than thirty milligrams per liter (30 mg/l) and perform any necessary repairs if any sample result exceeds either of those limits; (4) The ATS shall only be installed on lots that meet the requirements of the rules promulgated pursuant to this part; provided, that lots may be eligible for the study if the primary disposal area meets the requirements of Appendix II of the rules after considering the reductions specified in (b)(6) and the duplicate area meets the requirements of the rules for either a conventional system or an alternative system; (5) The participating authorities and the department shall approve and oversee the installation of all ATS; (6) The participating authorities shall receive and maintain the reports of operation and maintenance on all ATS; and (7) The participating authorities shall perform operation and maintenance on any ATS during the term of the study in the event the owner and the manufacturer fail to perform operation and maintenance and shall have the right to enter upon private property during reasonable business hours for this purpose. (b) The purposes of the study are: (1) To determine whether any reduction in field lines for final dispersal of effluent from ATS is appropriate as compared to the requirements for conventional systems, and if so, how much; (2) To test the performance of ATS and the effluent dispersal from ATS in the different conditions that occur in the state by conducting studies in at least each of the three (3) grand divisions and including evaluation of sandy soils, clay soils, pan soils, and sloped installations; (3) To determine the necessary interval for maintenance on ATS; (4) To evaluate the impact on the quality of effluent from ATS of various factors that may occur in daily use such as disposal of household cleaners and other chemicals, vacations during which there is no flow through the system, etc.; (5) To evaluate through surveys of other states, a review of literature or other means, what mechanism would be best to ensure that operation and maintenance of ATS would occur throughout the life of the systems; and (6) Without limiting any of the foregoing including studying other sizes of area for field lines, the study shall specifically evaluate whether the following reductions in area of field lines for disposal of effluent from ATS are appropriate: (A) Forty percent (40%) in soils determined by a certified soil scientist to have an absorption rate of sixty (60) minutes per inch or less; (B) Thirty percent (30%) in soils determined by a certified soil scientist to have an absorption rate of sixty-one (61) through seventy-five (75) minutes per inch; and (C) Twenty percent (20%) in soils determined by a certified soil scientist to have an absorption rate greater than seventy-five (75) minutes per inch but which qualify for a permit under the requirements of § 68-221-403(c)(1)-(5) . (c) The department is further directed to incorporate the results of this study into its regulations for subsurface sewage disposal systems so that ATS will be allowed as an alternative method of sewage disposal under appropriate conditions. Acts 2000, ch. 919, §§ 2, 5; 2004, ch. 900, § 1.
(a) The department of environment and conservation is directed to coordinate a pilot project study of advanced treatment systems (ATS) over a two-year period. For purposes of §§ 68-221-415 - 68-221-417, ATS are defined as those waste water treatment systems that have been certified and listed by the National Sanitation Foundation as meeting American National Standard Institute/National Sanitation Foundation, "ANSI/NSF" Standard 40 or those systems that have been certified by another third party testing entity acceptable to the commissioner as meeting ANSI/NSF Standard 40 by a methodology acceptable to the commissioner. The department shall determine which of the existing water and waste water treatment authorities ("authorities") created pursuant to title 68, chapter 221, part 6 wish to participate in this study. The department and any participating authorities shall develop a detailed plan for the pilot project study. Any authorities created after the initiation of the study shall be eligible to participate on the same terms as the existing authorities. The study shall be conducted as follows: (1) It shall only be conducted in counties, municipalities, or metropolitan governments that have established an authority; (2) The costs of the study shall be borne by the participating authorities, the owners of ATS, and the manufacturers; (3) During the term of the study, the manufacturer shall conduct quarterly sampling and analysis of the effluent to determine if the level of CBOD5 is no higher than twenty-five milligrams per liter (25 mg/l) and the level of TSS is no higher than thirty milligrams per liter (30 mg/l) and perform any necessary repairs if any sample result exceeds either of those limits; (4) The ATS shall only be installed on lots that meet the requirements of the rules promulgated pursuant to this part; provided, that lots may be eligible for the study if the primary disposal area meets the requirements of Appendix II of the rules after considering the reductions specified in (b)(6) and the duplicate area meets the requirements of the rules for either a conventional system or an alternative system; (5) The participating authorities and the department shall approve and oversee the installation of all ATS; (6) The participating authorities shall receive and maintain the reports of operation and maintenance on all ATS; and (7) The participating authorities shall perform operation and maintenance on any ATS during the term of the study in the event the owner and the manufacturer fail to perform operation and maintenance and shall have the right to enter upon private property during reasonable business hours for this purpose.
(1) It shall only be conducted in counties, municipalities, or metropolitan governments that have established an authority;
(2) The costs of the study shall be borne by the participating authorities, the owners of ATS, and the manufacturers;
(3) During the term of the study, the manufacturer shall conduct quarterly sampling and analysis of the effluent to determine if the level of CBOD5 is no higher than twenty-five milligrams per liter (25 mg/l) and the level of TSS is no higher than thirty milligrams per liter (30 mg/l) and perform any necessary repairs if any sample result exceeds either of those limits;
(4) The ATS shall only be installed on lots that meet the requirements of the rules promulgated pursuant to this part; provided, that lots may be eligible for the study if the primary disposal area meets the requirements of Appendix II of the rules after considering the reductions specified in (b)(6) and the duplicate area meets the requirements of the rules for either a conventional system or an alternative system;
(5) The participating authorities and the department shall approve and oversee the installation of all ATS;
(6) The participating authorities shall receive and maintain the reports of operation and maintenance on all ATS; and
(7) The participating authorities shall perform operation and maintenance on any ATS during the term of the study in the event the owner and the manufacturer fail to perform operation and maintenance and shall have the right to enter upon private property during reasonable business hours for this purpose.
(b) The purposes of the study are: (1) To determine whether any reduction in field lines for final dispersal of effluent from ATS is appropriate as compared to the requirements for conventional systems, and if so, how much; (2) To test the performance of ATS and the effluent dispersal from ATS in the different conditions that occur in the state by conducting studies in at least each of the three (3) grand divisions and including evaluation of sandy soils, clay soils, pan soils, and sloped installations; (3) To determine the necessary interval for maintenance on ATS; (4) To evaluate the impact on the quality of effluent from ATS of various factors that may occur in daily use such as disposal of household cleaners and other chemicals, vacations during which there is no flow through the system, etc.; (5) To evaluate through surveys of other states, a review of literature or other means, what mechanism would be best to ensure that operation and maintenance of ATS would occur throughout the life of the systems; and (6) Without limiting any of the foregoing including studying other sizes of area for field lines, the study shall specifically evaluate whether the following reductions in area of field lines for disposal of effluent from ATS are appropriate: (A) Forty percent (40%) in soils determined by a certified soil scientist to have an absorption rate of sixty (60) minutes per inch or less; (B) Thirty percent (30%) in soils determined by a certified soil scientist to have an absorption rate of sixty-one (61) through seventy-five (75) minutes per inch; and (C) Twenty percent (20%) in soils determined by a certified soil scientist to have an absorption rate greater than seventy-five (75) minutes per inch but which qualify for a permit under the requirements of § 68-221-403(c)(1)-(5) .
(1) To determine whether any reduction in field lines for final dispersal of effluent from ATS is appropriate as compared to the requirements for conventional systems, and if so, how much;
(2) To test the performance of ATS and the effluent dispersal from ATS in the different conditions that occur in the state by conducting studies in at least each of the three (3) grand divisions and including evaluation of sandy soils, clay soils, pan soils, and sloped installations;
(3) To determine the necessary interval for maintenance on ATS;
(4) To evaluate the impact on the quality of effluent from ATS of various factors that may occur in daily use such as disposal of household cleaners and other chemicals, vacations during which there is no flow through the system, etc.;
(5) To evaluate through surveys of other states, a review of literature or other means, what mechanism would be best to ensure that operation and maintenance of ATS would occur throughout the life of the systems; and
(6) Without limiting any of the foregoing including studying other sizes of area for field lines, the study shall specifically evaluate whether the following reductions in area of field lines for disposal of effluent from ATS are appropriate: (A) Forty percent (40%) in soils determined by a certified soil scientist to have an absorption rate of sixty (60) minutes per inch or less; (B) Thirty percent (30%) in soils determined by a certified soil scientist to have an absorption rate of sixty-one (61) through seventy-five (75) minutes per inch; and (C) Twenty percent (20%) in soils determined by a certified soil scientist to have an absorption rate greater than seventy-five (75) minutes per inch but which qualify for a permit under the requirements of § 68-221-403(c)(1)-(5) .
(A) Forty percent (40%) in soils determined by a certified soil scientist to have an absorption rate of sixty (60) minutes per inch or less;
(B) Thirty percent (30%) in soils determined by a certified soil scientist to have an absorption rate of sixty-one (61) through seventy-five (75) minutes per inch; and
(C) Twenty percent (20%) in soils determined by a certified soil scientist to have an absorption rate greater than seventy-five (75) minutes per inch but which qualify for a permit under the requirements of § 68-221-403(c)(1)-(5) .
(c) The department is further directed to incorporate the results of this study into its regulations for subsurface sewage disposal systems so that ATS will be allowed as an alternative method of sewage disposal under appropriate conditions.
Acts 2000, ch. 919, §§ 2, 5; 2004, ch. 900, § 1.
Tenn. Code Ann. § 68-212-505 — TN Code / Title 68 / Chapter 212 / Section 68-212-505
Testing of property - Certification that property safe
Status: in_force

Once the property has been quarantined, any party having a right, title or interest in the quarantined property, including any lienholders, may contact either a certified industrial hygienist or other person or entity certified as qualified from the list maintained by the commissioner to perform appropriate testing on the property to determine whether hazardous waste is present on the property, or a contractor from the list maintained by the commissioner for clean-up and removal of all hazardous waste from the property. The property must remain quarantined until a certified industrial hygienist or other person or entity named on the commissioner's list compiled pursuant to § 68-212-502 certifies to the quarantining agency that the property is safe for human use. Acts 2004, ch. 855, § 6.
Once the property has been quarantined, any party having a right, title or interest in the quarantined property, including any lienholders, may contact either a certified industrial hygienist or other person or entity certified as qualified from the list maintained by the commissioner to perform appropriate testing on the property to determine whether hazardous waste is present on the property, or a contractor from the list maintained by the commissioner for clean-up and removal of all hazardous waste from the property. The property must remain quarantined until a certified industrial hygienist or other person or entity named on the commissioner's list compiled pursuant to § 68-212-502 certifies to the quarantining agency that the property is safe for human use.
Acts 2004, ch. 855, § 6.
Tenn. Code Ann. § 68-211-703 — TN Code / Title 68 / Chapter 211 / Section 68-211-703
Public notice - Comments - Public hearing
Status: in_force

(a) In order to inform interested persons in the area of a proposed landfill, public notice shall be circulated by the county legislative body, the municipal governing body, or both such entities within the geographical area of the proposed landfill approval by any of the following means: (1) Posting in the post office and public places of the municipality nearest the landfill under consideration; or (2) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation. (b) Public notice of a proposed landfill approval includes the following: (1) Name, address and telephone number of the local city/county/official/department/agency reviewing the application; (2) Name and address of the proposed landfill owner and/or operator; (3) Location and size of the proposed landfill; (4) Brief description of the type operation to be operated at the landfill, the location of the landfill and the type waste that will be accepted; (5) A description of the time frame and procedures for making a final determination on the landfill application approval or disapproval; and (6) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the landfill, and inspect this data. (c) A copy of the public notice and fact sheet shall be sent to any person who specifically requests one. A copy of each notice of application and fact sheet shall also be sent to those persons who have requested the addition of their names to a mailing list. (d) Interested persons may submit written comments on the proposed landfill within thirty (30) days of the public notice or such greater period as is allowed. All written comments submitted shall be retained and made available to the department of environment and conservation in its final determination of registration of the proposed site. (e) Interested persons may request in writing that the county legislative body, municipal governing body or both such entities hold a public hearing on any proposed new construction for solid waste disposal by landfilling or solid waste processing by landfilling prior to approval of such new construction. The request must be filed within the period allowed for public comment and must indicate the interest of the party filing it and the reason why a hearing is warranted. If there is a significant public interest in having a hearing, one (1) hearing shall be held in the geographical area of the proposed landfill. Instances of doubt should be resolved in favor of holding a hearing. The comments made at the hearing shall be transcribed or recorded to assist in the final determination of approval of the proposed new landfill. (f) No less than fifteen (15) days in advance of the hearing, public notice of it shall be circulated at least as widely as was the notice of the proposed landfill approval. The procedure for circulation of public notice for the hearing shall include the following: (1) Publication in a newspaper of general circulation within the geographical area of the landfill; and (2) Sending notice to all persons who received a copy of the notice or fact sheet for the proposed landfill approval and any person who specifically requests a copy of the notice of the hearing. (g) Each notice of a public hearing shall include at least the following contents: (1) Name, address and telephone number of the city/county official/department/agency who/which was responsible for the review of the application; (2) Name and address of each proposed landfill owner or operator who will be heard at the hearing; (3) A description of the proposed landfill and the type of disposal methods to be used; (4) A brief reference to the public notice issued for each proposed landfill; (5) Information regarding the time and location for the hearing; (6) The purpose of the hearing; (7) A concise statement of the issues raised by the persons requesting the hearing; (8) Address and telephone number of the premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents; and (9) A brief description of the nature of the hearing, including the rules and procedures to be followed. (h) (1) In addition to all other notice requirements of this section, the proposed landfill owner shall provide notice to persons owning property within a three-mile radius of such landfill no less than fifteen (15) days in advance of any hearing scheduled in accordance with this part by having signs erected on all roads leading directly to the proposed landfill site. The signs shall contain the information required in subdivision (h)(2), shall be erected on such roads at the perimeter of the three-mile radius and be clearly visible to persons traveling into the area. (2) The signs shall be at least three feet (3') high and five feet (5') wide and include the following in legible type: (A) Name of the local city/county/official/department/agency reviewing the application; (B) Name and address of the proposed landfill owner and/or operator; (C) Location and size of the proposed landfill; (D) Brief description of the type operation to be operated at the landfill and the type waste that will be accepted; (E) A description of the time frame for making a final determination on the landfill application approval or disapproval; and (F) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the landfill, and inspect this data. (3) The highway department for the county in which the landfill is proposed to be located may erect and maintain the signs, and remove the signs within ten (10) days of the completion of all hearings related to the application for a proposed landfill. (4) All costs associated with the erection of the signs including, but not limited to, their design, construction, delivery and removal shall be borne by the proposed landfill owner. (5) A violation of this subsection (h) shall be a Class B misdemeanor punishable by a fine only of up to five hundred dollars ($500). Each day a violation occurs constitutes a separate offense. Acts 1989, ch. 515, § 4; T.C.A., § 68-31-703; Acts 2011, ch. 207, § 1.
(a) In order to inform interested persons in the area of a proposed landfill, public notice shall be circulated by the county legislative body, the municipal governing body, or both such entities within the geographical area of the proposed landfill approval by any of the following means: (1) Posting in the post office and public places of the municipality nearest the landfill under consideration; or (2) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation.
(1) Posting in the post office and public places of the municipality nearest the landfill under consideration; or
(2) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation.
(b) Public notice of a proposed landfill approval includes the following: (1) Name, address and telephone number of the local city/county/official/department/agency reviewing the application; (2) Name and address of the proposed landfill owner and/or operator; (3) Location and size of the proposed landfill; (4) Brief description of the type operation to be operated at the landfill, the location of the landfill and the type waste that will be accepted; (5) A description of the time frame and procedures for making a final determination on the landfill application approval or disapproval; and (6) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the landfill, and inspect this data.
(1) Name, address and telephone number of the local city/county/official/department/agency reviewing the application;
(2) Name and address of the proposed landfill owner and/or operator;
(3) Location and size of the proposed landfill;
(4) Brief description of the type operation to be operated at the landfill, the location of the landfill and the type waste that will be accepted;
(5) A description of the time frame and procedures for making a final determination on the landfill application approval or disapproval; and
(6) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the landfill, and inspect this data.
(c) A copy of the public notice and fact sheet shall be sent to any person who specifically requests one. A copy of each notice of application and fact sheet shall also be sent to those persons who have requested the addition of their names to a mailing list.
(d) Interested persons may submit written comments on the proposed landfill within thirty (30) days of the public notice or such greater period as is allowed. All written comments submitted shall be retained and made available to the department of environment and conservation in its final determination of registration of the proposed site.
(e) Interested persons may request in writing that the county legislative body, municipal governing body or both such entities hold a public hearing on any proposed new construction for solid waste disposal by landfilling or solid waste processing by landfilling prior to approval of such new construction. The request must be filed within the period allowed for public comment and must indicate the interest of the party filing it and the reason why a hearing is warranted. If there is a significant public interest in having a hearing, one (1) hearing shall be held in the geographical area of the proposed landfill. Instances of doubt should be resolved in favor of holding a hearing. The comments made at the hearing shall be transcribed or recorded to assist in the final determination of approval of the proposed new landfill.
(f) No less than fifteen (15) days in advance of the hearing, public notice of it shall be circulated at least as widely as was the notice of the proposed landfill approval. The procedure for circulation of public notice for the hearing shall include the following: (1) Publication in a newspaper of general circulation within the geographical area of the landfill; and (2) Sending notice to all persons who received a copy of the notice or fact sheet for the proposed landfill approval and any person who specifically requests a copy of the notice of the hearing.
(1) Publication in a newspaper of general circulation within the geographical area of the landfill; and
(2) Sending notice to all persons who received a copy of the notice or fact sheet for the proposed landfill approval and any person who specifically requests a copy of the notice of the hearing.
(g) Each notice of a public hearing shall include at least the following contents: (1) Name, address and telephone number of the city/county official/department/agency who/which was responsible for the review of the application; (2) Name and address of each proposed landfill owner or operator who will be heard at the hearing; (3) A description of the proposed landfill and the type of disposal methods to be used; (4) A brief reference to the public notice issued for each proposed landfill; (5) Information regarding the time and location for the hearing; (6) The purpose of the hearing; (7) A concise statement of the issues raised by the persons requesting the hearing; (8) Address and telephone number of the premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents; and (9) A brief description of the nature of the hearing, including the rules and procedures to be followed.
(1) Name, address and telephone number of the city/county official/department/agency who/which was responsible for the review of the application;
(2) Name and address of each proposed landfill owner or operator who will be heard at the hearing;
(3) A description of the proposed landfill and the type of disposal methods to be used;
(4) A brief reference to the public notice issued for each proposed landfill;
(5) Information regarding the time and location for the hearing;
(6) The purpose of the hearing;
(7) A concise statement of the issues raised by the persons requesting the hearing;
(8) Address and telephone number of the premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents; and
(9) A brief description of the nature of the hearing, including the rules and procedures to be followed.
(h) (1) In addition to all other notice requirements of this section, the proposed landfill owner shall provide notice to persons owning property within a three-mile radius of such landfill no less than fifteen (15) days in advance of any hearing scheduled in accordance with this part by having signs erected on all roads leading directly to the proposed landfill site. The signs shall contain the information required in subdivision (h)(2), shall be erected on such roads at the perimeter of the three-mile radius and be clearly visible to persons traveling into the area. (2) The signs shall be at least three feet (3') high and five feet (5') wide and include the following in legible type: (A) Name of the local city/county/official/department/agency reviewing the application; (B) Name and address of the proposed landfill owner and/or operator; (C) Location and size of the proposed landfill; (D) Brief description of the type operation to be operated at the landfill and the type waste that will be accepted; (E) A description of the time frame for making a final determination on the landfill application approval or disapproval; and (F) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the landfill, and inspect this data. (3) The highway department for the county in which the landfill is proposed to be located may erect and maintain the signs, and remove the signs within ten (10) days of the completion of all hearings related to the application for a proposed landfill. (4) All costs associated with the erection of the signs including, but not limited to, their design, construction, delivery and removal shall be borne by the proposed landfill owner. (5) A violation of this subsection (h) shall be a Class B misdemeanor punishable by a fine only of up to five hundred dollars ($500). Each day a violation occurs constitutes a separate offense.
(1) In addition to all other notice requirements of this section, the proposed landfill owner shall provide notice to persons owning property within a three-mile radius of such landfill no less than fifteen (15) days in advance of any hearing scheduled in accordance with this part by having signs erected on all roads leading directly to the proposed landfill site. The signs shall contain the information required in subdivision (h)(2), shall be erected on such roads at the perimeter of the three-mile radius and be clearly visible to persons traveling into the area.
(2) The signs shall be at least three feet (3') high and five feet (5') wide and include the following in legible type: (A) Name of the local city/county/official/department/agency reviewing the application; (B) Name and address of the proposed landfill owner and/or operator; (C) Location and size of the proposed landfill; (D) Brief description of the type operation to be operated at the landfill and the type waste that will be accepted; (E) A description of the time frame for making a final determination on the landfill application approval or disapproval; and (F) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the landfill, and inspect this data.
(A) Name of the local city/county/official/department/agency reviewing the application;
(B) Name and address of the proposed landfill owner and/or operator;
(C) Location and size of the proposed landfill;
(D) Brief description of the type operation to be operated at the landfill and the type waste that will be accepted;
(E) A description of the time frame for making a final determination on the landfill application approval or disapproval; and
(F) Address and telephone number of the premises at which persons may obtain further information, request copies of data on the landfill, and inspect this data.
(3) The highway department for the county in which the landfill is proposed to be located may erect and maintain the signs, and remove the signs within ten (10) days of the completion of all hearings related to the application for a proposed landfill.
(4) All costs associated with the erection of the signs including, but not limited to, their design, construction, delivery and removal shall be borne by the proposed landfill owner.
(5) A violation of this subsection (h) shall be a Class B misdemeanor punishable by a fine only of up to five hundred dollars ($500). Each day a violation occurs constitutes a separate offense.
Acts 1989, ch. 515, § 4; T.C.A., § 68-31-703; Acts 2011, ch. 207, § 1.
Tenn. Code Ann. § 68-221-1107 — TN Code / Title 68 / Chapter 221 / Section 68-221-1107
Facilities user's fee
Status: in_force

(a) All municipalities constructing, operating, or maintaining storm water or flood control facilities are authorized to establish a graduated storm water user's fee which may be assessed and collected from each user of the storm water facilities provided by the municipality. These fees shall be reasonable in amount and used exclusively by the municipality for purposes set forth in this part. Such a graduated storm water user's fee shall be based on actual or estimated use of the storm water and/or flood control facilities of the municipality, and each user or user class shall only be required to pay its proportionate share of the construction, administration, operation and maintenance including replacement costs of such facilities based on the user's actual or estimated proportionate contribution to the total storm water runoff from all users or user classes. To ensure a proportionate distribution of all costs to each user or user class, the user's contribution shall be based on factors such as the amount of impervious area utilized by the user, the water quality of user's storm water runoff or the volume or rate of storm water runoff. Persons whose storm water runoff is not discharged into or through the storm water or flood control facilities, or both, of the municipality; and owners and/or operators of agricultural land, in the municipality, upon which the owner and/or operator conducts activities that enable the owner and/or operator to satisfy the requirements of a qualified farmer or nurseryman shall be exempted from payment of the graduated storm water user fee authorized by this section. The fee structure shall provide adjustments for users who construct facilities to retain and control the quantity of storm water runoff. Prior to establishing or amending such user's fees, the municipality shall advertise its intent to do so by notice published in a newspaper of general circulation in such municipality at least thirty (30) days in advance of the meeting of the governing body which shall consider such adoption or amendment. (b) The municipality providing such service is authorized to enter into a contract for the collection of such storm water facilities fees with any public or private corporation or municipal utilities board or commission operating a water, gas, or electric system other than an electric cooperative incorporated under the Electric Cooperative Law, compiled in title 65, chapter 25, part 2, in the area of the storm water facilities or to make contracts with any other city, town, or utility district to bill and collect storm water fees as a designated item on its utility bill or, in any county which is not in the state's computer assisted appraisal system (CAAS), to enter into a contract or interlocal agreement with the county in which such municipality is located to bill and collect storm water fees for the municipality as a designated item on the ad valorem tax notice issued by the county trustee. In addition, if any county which is not in the state's CAAS constructs, operates or maintains storm water or flood control facilities and establishes and assesses on each user of the storm water facilities provided by the county a graduated storm water user's fee in accordance with this chapter, then the county trustee of such county is authorized to bill and collect such storm water fees for such county as a designated item on the ad valorem tax notice issued by the county trustee. The contract may provide for the discontinuance of utility service to storm water facility users who fail or refuse to pay storm water facility user charges, including the right not to accept payment of the utility bill from any user without receiving at the same time payment of any storm water facility charges owed by such user and not to re-establish utility services until such time as all past due storm water facility service charges owed by such user have been paid and/or the user of the storm water facility has performed all acts and discharged all obligations required by the ordinances or resolutions of the municipality. Acts 1993, ch. 257, § 7; 2004, ch. 578, § 1; 2004, ch. 849, § 1; 2010, ch. 1143, § 4.
(a) All municipalities constructing, operating, or maintaining storm water or flood control facilities are authorized to establish a graduated storm water user's fee which may be assessed and collected from each user of the storm water facilities provided by the municipality. These fees shall be reasonable in amount and used exclusively by the municipality for purposes set forth in this part. Such a graduated storm water user's fee shall be based on actual or estimated use of the storm water and/or flood control facilities of the municipality, and each user or user class shall only be required to pay its proportionate share of the construction, administration, operation and maintenance including replacement costs of such facilities based on the user's actual or estimated proportionate contribution to the total storm water runoff from all users or user classes. To ensure a proportionate distribution of all costs to each user or user class, the user's contribution shall be based on factors such as the amount of impervious area utilized by the user, the water quality of user's storm water runoff or the volume or rate of storm water runoff. Persons whose storm water runoff is not discharged into or through the storm water or flood control facilities, or both, of the municipality; and owners and/or operators of agricultural land, in the municipality, upon which the owner and/or operator conducts activities that enable the owner and/or operator to satisfy the requirements of a qualified farmer or nurseryman shall be exempted from payment of the graduated storm water user fee authorized by this section. The fee structure shall provide adjustments for users who construct facilities to retain and control the quantity of storm water runoff. Prior to establishing or amending such user's fees, the municipality shall advertise its intent to do so by notice published in a newspaper of general circulation in such municipality at least thirty (30) days in advance of the meeting of the governing body which shall consider such adoption or amendment.
(b) The municipality providing such service is authorized to enter into a contract for the collection of such storm water facilities fees with any public or private corporation or municipal utilities board or commission operating a water, gas, or electric system other than an electric cooperative incorporated under the Electric Cooperative Law, compiled in title 65, chapter 25, part 2, in the area of the storm water facilities or to make contracts with any other city, town, or utility district to bill and collect storm water fees as a designated item on its utility bill or, in any county which is not in the state's computer assisted appraisal system (CAAS), to enter into a contract or interlocal agreement with the county in which such municipality is located to bill and collect storm water fees for the municipality as a designated item on the ad valorem tax notice issued by the county trustee. In addition, if any county which is not in the state's CAAS constructs, operates or maintains storm water or flood control facilities and establishes and assesses on each user of the storm water facilities provided by the county a graduated storm water user's fee in accordance with this chapter, then the county trustee of such county is authorized to bill and collect such storm water fees for such county as a designated item on the ad valorem tax notice issued by the county trustee. The contract may provide for the discontinuance of utility service to storm water facility users who fail or refuse to pay storm water facility user charges, including the right not to accept payment of the utility bill from any user without receiving at the same time payment of any storm water facility charges owed by such user and not to re-establish utility services until such time as all past due storm water facility service charges owed by such user have been paid and/or the user of the storm water facility has performed all acts and discharged all obligations required by the ordinances or resolutions of the municipality.
Acts 1993, ch. 257, § 7; 2004, ch. 578, § 1; 2004, ch. 849, § 1; 2010, ch. 1143, § 4.
Tenn. Code Ann. § 68-202-201 — TN Code / Title 68 / Chapter 202 / Section 68-202-201
Short title
Status: in_force

This part shall be known and may be cited as the "Radiological Health Service Act." Acts 1959, ch. 66, § 1; T.C.A., §§ 53-3301, 68-23-201.
This part shall be known and may be cited as the "Radiological Health Service Act."
Acts 1959, ch. 66, § 1; T.C.A., §§ 53-3301, 68-23-201.
Tenn. Code Ann. § 68-212-305 — TN Code / Title 68 / Chapter 212 / Section 68-212-305
Contents of plan
Status: in_force

(a) A hazardous waste reduction plan shall include at least the following: (1) A dated and signed written policy articulating management support for the generator's hazardous waste reduction plan; (2) The scope and objectives of the plan, including the evaluation of technologies, procedures and personnel training programs to ensure that unnecessary waste is not generated and to encourage hazardous waste reduction. Specific goals shall be set for hazardous waste reduction, as described in subsections (b)-(d); (3) A description of technically and economically practical hazardous waste reduction options to be implemented and a planned schedule for implementation. These options shall be based on an internal analysis of hazardous waste streams conducted to review individual processes or facilities and other activities where waste may be generated and identify opportunities to reduce or eliminate waste generation. Such analyses shall evaluate data on the types, amount and hazardous constituents of waste generated, where and why that waste was generated within the production process or other operations, and potential hazardous waste reduction and recycling techniques applicable to those wastes; (4) A description of the hazardous waste accounting systems that identify waste management costs and factor in liability, compliance and oversight costs to the extent feasible; (5) A description of the employee awareness and training programs designed to involve employees to the maximum extent feasible in hazardous waste reduction planning and implementation; (6) A description of how the plan has been or will be incorporated into management practices and procedures so as to ensure an ongoing effort; and (7) Other information about generation of hazardous waste not requiring disclosure of proprietary information as the board may require by regulation. (b) As part of each plan developed under this part, a generator shall establish specific performance goals for the source reduction of each hazardous waste stream. (c) The specific performance goals established under subsection (b) shall be quantitative goals, expressed in numeric terms. Whenever possible, the units of measurement should be in pounds (or tons) of waste generated per standard unit of production, as defined by the generator. If the establishment of numeric performance goals is not practical, the performance goals shall include a clearly stated list of actions designed to lead to the establishment of numeric goals as soon as practical. (d) As part of each plan developed under this part, each generator shall explain the rationale for each performance goal. Acts of God or other unforeseeable events beyond the control of the generator do not have to be considered in setting goals. The rationale for a particular performance goal shall address any impediments to hazardous waste reduction, including, but not limited to, the following: (1) The availability of technically practical hazardous waste reduction methods, including any anticipated changes in the future; (2) Previously implemented reductions of hazardous waste; (3) The economic practicability of available hazardous waste reduction methods, including any anticipated changes in the future. Examples of situations where hazardous waste reduction may not be economically practical include, but are not limited to: (A) For valid reasons of prioritization, a particular company has chosen first to address other more serious hazardous waste reduction concerns; (B) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or (C) Legal or contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction. (e) (1) The board, by rule, may provide for modifications and exclusions for small quantity generators related to the kind of information to be included in the plan. (2) The board may provide for exception by rule for generators whose hazardous waste streams fluctuate widely due to contract work or manufacturing orders. (f) A generator required to complete a hazardous waste reduction plan under subsection (a) may include as a preface to its initial plan: (1) An explanation and documentation regarding hazardous waste reduction efforts completed or in progress before the first reporting date; and (2) An explanation and documentation regarding impediments to hazardous waste reduction specific to the individual facility. Acts 1990, ch. 754, § 6; 1991, ch. 130, § 2; T.C.A., § 68-46-305.
(a) A hazardous waste reduction plan shall include at least the following: (1) A dated and signed written policy articulating management support for the generator's hazardous waste reduction plan; (2) The scope and objectives of the plan, including the evaluation of technologies, procedures and personnel training programs to ensure that unnecessary waste is not generated and to encourage hazardous waste reduction. Specific goals shall be set for hazardous waste reduction, as described in subsections (b)-(d); (3) A description of technically and economically practical hazardous waste reduction options to be implemented and a planned schedule for implementation. These options shall be based on an internal analysis of hazardous waste streams conducted to review individual processes or facilities and other activities where waste may be generated and identify opportunities to reduce or eliminate waste generation. Such analyses shall evaluate data on the types, amount and hazardous constituents of waste generated, where and why that waste was generated within the production process or other operations, and potential hazardous waste reduction and recycling techniques applicable to those wastes; (4) A description of the hazardous waste accounting systems that identify waste management costs and factor in liability, compliance and oversight costs to the extent feasible; (5) A description of the employee awareness and training programs designed to involve employees to the maximum extent feasible in hazardous waste reduction planning and implementation; (6) A description of how the plan has been or will be incorporated into management practices and procedures so as to ensure an ongoing effort; and (7) Other information about generation of hazardous waste not requiring disclosure of proprietary information as the board may require by regulation.
(1) A dated and signed written policy articulating management support for the generator's hazardous waste reduction plan;
(2) The scope and objectives of the plan, including the evaluation of technologies, procedures and personnel training programs to ensure that unnecessary waste is not generated and to encourage hazardous waste reduction. Specific goals shall be set for hazardous waste reduction, as described in subsections (b)-(d);
(3) A description of technically and economically practical hazardous waste reduction options to be implemented and a planned schedule for implementation. These options shall be based on an internal analysis of hazardous waste streams conducted to review individual processes or facilities and other activities where waste may be generated and identify opportunities to reduce or eliminate waste generation. Such analyses shall evaluate data on the types, amount and hazardous constituents of waste generated, where and why that waste was generated within the production process or other operations, and potential hazardous waste reduction and recycling techniques applicable to those wastes;
(4) A description of the hazardous waste accounting systems that identify waste management costs and factor in liability, compliance and oversight costs to the extent feasible;
(5) A description of the employee awareness and training programs designed to involve employees to the maximum extent feasible in hazardous waste reduction planning and implementation;
(6) A description of how the plan has been or will be incorporated into management practices and procedures so as to ensure an ongoing effort; and
(7) Other information about generation of hazardous waste not requiring disclosure of proprietary information as the board may require by regulation.
(b) As part of each plan developed under this part, a generator shall establish specific performance goals for the source reduction of each hazardous waste stream.
(c) The specific performance goals established under subsection (b) shall be quantitative goals, expressed in numeric terms. Whenever possible, the units of measurement should be in pounds (or tons) of waste generated per standard unit of production, as defined by the generator. If the establishment of numeric performance goals is not practical, the performance goals shall include a clearly stated list of actions designed to lead to the establishment of numeric goals as soon as practical.
(d) As part of each plan developed under this part, each generator shall explain the rationale for each performance goal. Acts of God or other unforeseeable events beyond the control of the generator do not have to be considered in setting goals. The rationale for a particular performance goal shall address any impediments to hazardous waste reduction, including, but not limited to, the following: (1) The availability of technically practical hazardous waste reduction methods, including any anticipated changes in the future; (2) Previously implemented reductions of hazardous waste; (3) The economic practicability of available hazardous waste reduction methods, including any anticipated changes in the future. Examples of situations where hazardous waste reduction may not be economically practical include, but are not limited to: (A) For valid reasons of prioritization, a particular company has chosen first to address other more serious hazardous waste reduction concerns; (B) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or (C) Legal or contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction.
(1) The availability of technically practical hazardous waste reduction methods, including any anticipated changes in the future;
(2) Previously implemented reductions of hazardous waste;
(3) The economic practicability of available hazardous waste reduction methods, including any anticipated changes in the future. Examples of situations where hazardous waste reduction may not be economically practical include, but are not limited to: (A) For valid reasons of prioritization, a particular company has chosen first to address other more serious hazardous waste reduction concerns; (B) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or (C) Legal or contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction.
(A) For valid reasons of prioritization, a particular company has chosen first to address other more serious hazardous waste reduction concerns;
(B) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or
(C) Legal or contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction.
(e) (1) The board, by rule, may provide for modifications and exclusions for small quantity generators related to the kind of information to be included in the plan. (2) The board may provide for exception by rule for generators whose hazardous waste streams fluctuate widely due to contract work or manufacturing orders.
(1) The board, by rule, may provide for modifications and exclusions for small quantity generators related to the kind of information to be included in the plan.
(2) The board may provide for exception by rule for generators whose hazardous waste streams fluctuate widely due to contract work or manufacturing orders.
(f) A generator required to complete a hazardous waste reduction plan under subsection (a) may include as a preface to its initial plan: (1) An explanation and documentation regarding hazardous waste reduction efforts completed or in progress before the first reporting date; and (2) An explanation and documentation regarding impediments to hazardous waste reduction specific to the individual facility.
(1) An explanation and documentation regarding hazardous waste reduction efforts completed or in progress before the first reporting date; and
(2) An explanation and documentation regarding impediments to hazardous waste reduction specific to the individual facility.
Acts 1990, ch. 754, § 6; 1991, ch. 130, § 2; T.C.A., § 68-46-305.
Tenn. Code Ann. § 68-221-1003 — TN Code / Title 68 / Chapter 221 / Section 68-221-1003
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authority" means the Tennessee local development authority as created by title 4, chapter 31; (2) "Board" means the Tennessee board of utility regulation established under § 7-82-701 ; (3) "Clean Water Act" means the Water Pollution Control Act of 1972, P.L. 92-500, as amended, ( 33 U.S.C. § 1251 et seq.), and rules and regulations promulgated thereunder; (4) "Department" means the department of environment and conservation; (5) [Deleted by 2022 amendment.] (6) "Fund" means the wastewater facility revolving loan fund; (7) (A) "Local government" means: (i) A county, incorporated town or city, metropolitan government, state agency, water/wastewater authority, energy authority or any instrumentality of government created by any one (1) or more of these or by an act of the general assembly: (a) Which has authority to administer a wastewater facility; or (b) Whose residents are served or are eligible to be served, in whole or in part, by a wastewater facility operated by another local government as defined by this subdivision (7); (ii) One (1) of the foregoing acting jointly with a utility district operating or having the authority to operate a wastewater facility; or (iii) Any combination of two (2) or more of the foregoing acting jointly in connection with a wastewater facility; (B) "Local government" also means any utility district created pursuant to title 7, chapter 82, existing on July 1, 1984, and which operates a wastewater facility; and also includes such utility district created after July 1, 1984, if such utility district operates a wastewater facility comprised of at least five hundred (500) customer connections; (C) "Local government" also means, for the purposes of this part only, a privately owned community wastewater treatment system subject to regulation by the Tennessee public utility commission; (8) "Security" means that which is determined by the authority to be acceptable to secure a loan to a local government under this part and includes, but is not limited to, revenues of the facility, ad valorem taxes, state-shared taxes, letters of credit or bond insurance; (9) "Stormwater" has the same meaning as "storm water" as defined in § 68-221-1102 ; (10) "Stormwater facilities" has the same meaning as "storm water facilities" as defined in § 68-221-1102 ; and (11) (A) "Wastewater facility" means any facility, including the reserve capacity thereof, whose purpose is to collect, store, treat, neutralize, stabilize, recycle, reclaim or dispose of wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes; (B) "Wastewater facility" also includes best management practice projects for controlling non-point sources of water pollution, failed innovative/alternative wastewater construction projects, and the planning or replanning requirements of designated management authorities; and (C) "Wastewater facility", for purposes of the program administered by the department pursuant to § 68-221-1005(a) , also includes stormwater facilities, stormwater management projects, or other eligible projects as outlined in the Clean Water Act. Amended by 2023 Tenn. Acts, ch. 463, s 35, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 886, Secs.s 1, s 2, s 3, s 4 eff. 4/14/2022. Amended by 2021 Tenn. Acts, ch. 99, s 1, eff. 4/7/2021. Acts 1987, ch. 299, § 3; T.C.A., § 68-13-1003; Acts 1992, ch. 1023, § 2; 2002, ch. 603, § 1; 2009 , ch. 409, § 2.
As used in this part, unless the context otherwise requires:
(1) "Authority" means the Tennessee local development authority as created by title 4, chapter 31;
(2) "Board" means the Tennessee board of utility regulation established under § 7-82-701 ;
(3) "Clean Water Act" means the Water Pollution Control Act of 1972, P.L. 92-500, as amended, ( 33 U.S.C. § 1251 et seq.), and rules and regulations promulgated thereunder;
(4) "Department" means the department of environment and conservation;
(5) [Deleted by 2022 amendment.]
(6) "Fund" means the wastewater facility revolving loan fund;
(7) (A) "Local government" means: (i) A county, incorporated town or city, metropolitan government, state agency, water/wastewater authority, energy authority or any instrumentality of government created by any one (1) or more of these or by an act of the general assembly: (a) Which has authority to administer a wastewater facility; or (b) Whose residents are served or are eligible to be served, in whole or in part, by a wastewater facility operated by another local government as defined by this subdivision (7); (ii) One (1) of the foregoing acting jointly with a utility district operating or having the authority to operate a wastewater facility; or (iii) Any combination of two (2) or more of the foregoing acting jointly in connection with a wastewater facility; (B) "Local government" also means any utility district created pursuant to title 7, chapter 82, existing on July 1, 1984, and which operates a wastewater facility; and also includes such utility district created after July 1, 1984, if such utility district operates a wastewater facility comprised of at least five hundred (500) customer connections; (C) "Local government" also means, for the purposes of this part only, a privately owned community wastewater treatment system subject to regulation by the Tennessee public utility commission;
(A) "Local government" means: (i) A county, incorporated town or city, metropolitan government, state agency, water/wastewater authority, energy authority or any instrumentality of government created by any one (1) or more of these or by an act of the general assembly: (a) Which has authority to administer a wastewater facility; or (b) Whose residents are served or are eligible to be served, in whole or in part, by a wastewater facility operated by another local government as defined by this subdivision (7); (ii) One (1) of the foregoing acting jointly with a utility district operating or having the authority to operate a wastewater facility; or (iii) Any combination of two (2) or more of the foregoing acting jointly in connection with a wastewater facility;
(i) A county, incorporated town or city, metropolitan government, state agency, water/wastewater authority, energy authority or any instrumentality of government created by any one (1) or more of these or by an act of the general assembly: (a) Which has authority to administer a wastewater facility; or (b) Whose residents are served or are eligible to be served, in whole or in part, by a wastewater facility operated by another local government as defined by this subdivision (7);
(a) Which has authority to administer a wastewater facility; or
(b) Whose residents are served or are eligible to be served, in whole or in part, by a wastewater facility operated by another local government as defined by this subdivision (7);
(ii) One (1) of the foregoing acting jointly with a utility district operating or having the authority to operate a wastewater facility; or
(iii) Any combination of two (2) or more of the foregoing acting jointly in connection with a wastewater facility;
(B) "Local government" also means any utility district created pursuant to title 7, chapter 82, existing on July 1, 1984, and which operates a wastewater facility; and also includes such utility district created after July 1, 1984, if such utility district operates a wastewater facility comprised of at least five hundred (500) customer connections;
(C) "Local government" also means, for the purposes of this part only, a privately owned community wastewater treatment system subject to regulation by the Tennessee public utility commission;
(8) "Security" means that which is determined by the authority to be acceptable to secure a loan to a local government under this part and includes, but is not limited to, revenues of the facility, ad valorem taxes, state-shared taxes, letters of credit or bond insurance;
(9) "Stormwater" has the same meaning as "storm water" as defined in § 68-221-1102 ;
(10) "Stormwater facilities" has the same meaning as "storm water facilities" as defined in § 68-221-1102 ; and
(11) (A) "Wastewater facility" means any facility, including the reserve capacity thereof, whose purpose is to collect, store, treat, neutralize, stabilize, recycle, reclaim or dispose of wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes; (B) "Wastewater facility" also includes best management practice projects for controlling non-point sources of water pollution, failed innovative/alternative wastewater construction projects, and the planning or replanning requirements of designated management authorities; and (C) "Wastewater facility", for purposes of the program administered by the department pursuant to § 68-221-1005(a) , also includes stormwater facilities, stormwater management projects, or other eligible projects as outlined in the Clean Water Act.
(A) "Wastewater facility" means any facility, including the reserve capacity thereof, whose purpose is to collect, store, treat, neutralize, stabilize, recycle, reclaim or dispose of wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes;
(B) "Wastewater facility" also includes best management practice projects for controlling non-point sources of water pollution, failed innovative/alternative wastewater construction projects, and the planning or replanning requirements of designated management authorities; and
(C) "Wastewater facility", for purposes of the program administered by the department pursuant to § 68-221-1005(a) , also includes stormwater facilities, stormwater management projects, or other eligible projects as outlined in the Clean Water Act.
Amended by 2023 Tenn. Acts, ch. 463, s 35, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 886, Secs.s 1, s 2, s 3, s 4 eff. 4/14/2022.
Amended by 2021 Tenn. Acts, ch. 99, s 1, eff. 4/7/2021.
Acts 1987, ch. 299, § 3; T.C.A., § 68-13-1003; Acts 1992, ch. 1023, § 2; 2002, ch. 603, § 1; 2009 , ch. 409, § 2.
Tenn. Code Ann. § 68-212-303 — TN Code / Title 68 / Chapter 212 / Section 68-212-303
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Board" means the underground storage tanks and solid waste disposal control board as established by § 68-211-111 ; (2) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative; (3) "Department" means the department of environment and conservation; (4) "Large quantity generator" means a generator which generates two and two-tenths pounds (2.2 lbs.) of acute hazardous waste, or two thousand two hundred pounds (2,200 lbs.) or more of hazardous waste in any one (1) month; (5) "Small quantity generator" means any generator which generates between two hundred twenty (220) and two thousand two hundred pounds (2,200 lbs.) of hazardous waste in any one (1) month; (6) "Source reduction" or "waste reduction" means the reduction or elimination of waste at the source, usually within a process, including process modifications, feedstock substitutions, improvements in feedstock purity, housekeeping and management practices, increases in the efficiency of machinery and on-site, closed-loop recycling, or any action that reduces the amount and toxicity of the waste exiting the production process; and (7) "Waste," "hazardous waste" or "acute hazardous waste" means any hazardous waste as defined in part 1 of this chapter, and the regulations promulgated pursuant thereto, and for which the generator is required to notify the department pursuant to such regulations. However, for the purpose of this part only, these terms do not include such wastes which result from the clean up of contaminated sites or spills of hazardous material. (b) All other terms used in this part shall be defined as such terms are defined in part 1 of this chapter or in regulations promulgated pursuant to that part. Acts 1990, ch. 754, § 4; T.C.A., § 68-46-303.
(a) As used in this part, unless the context otherwise requires: (1) "Board" means the underground storage tanks and solid waste disposal control board as established by § 68-211-111 ; (2) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative; (3) "Department" means the department of environment and conservation; (4) "Large quantity generator" means a generator which generates two and two-tenths pounds (2.2 lbs.) of acute hazardous waste, or two thousand two hundred pounds (2,200 lbs.) or more of hazardous waste in any one (1) month; (5) "Small quantity generator" means any generator which generates between two hundred twenty (220) and two thousand two hundred pounds (2,200 lbs.) of hazardous waste in any one (1) month; (6) "Source reduction" or "waste reduction" means the reduction or elimination of waste at the source, usually within a process, including process modifications, feedstock substitutions, improvements in feedstock purity, housekeeping and management practices, increases in the efficiency of machinery and on-site, closed-loop recycling, or any action that reduces the amount and toxicity of the waste exiting the production process; and (7) "Waste," "hazardous waste" or "acute hazardous waste" means any hazardous waste as defined in part 1 of this chapter, and the regulations promulgated pursuant thereto, and for which the generator is required to notify the department pursuant to such regulations. However, for the purpose of this part only, these terms do not include such wastes which result from the clean up of contaminated sites or spills of hazardous material.
(1) "Board" means the underground storage tanks and solid waste disposal control board as established by § 68-211-111 ;
(2) "Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative;
(3) "Department" means the department of environment and conservation;
(4) "Large quantity generator" means a generator which generates two and two-tenths pounds (2.2 lbs.) of acute hazardous waste, or two thousand two hundred pounds (2,200 lbs.) or more of hazardous waste in any one (1) month;
(5) "Small quantity generator" means any generator which generates between two hundred twenty (220) and two thousand two hundred pounds (2,200 lbs.) of hazardous waste in any one (1) month;
(6) "Source reduction" or "waste reduction" means the reduction or elimination of waste at the source, usually within a process, including process modifications, feedstock substitutions, improvements in feedstock purity, housekeeping and management practices, increases in the efficiency of machinery and on-site, closed-loop recycling, or any action that reduces the amount and toxicity of the waste exiting the production process; and
(7) "Waste," "hazardous waste" or "acute hazardous waste" means any hazardous waste as defined in part 1 of this chapter, and the regulations promulgated pursuant thereto, and for which the generator is required to notify the department pursuant to such regulations. However, for the purpose of this part only, these terms do not include such wastes which result from the clean up of contaminated sites or spills of hazardous material.
(b) All other terms used in this part shall be defined as such terms are defined in part 1 of this chapter or in regulations promulgated pursuant to that part.
Acts 1990, ch. 754, § 4; T.C.A., § 68-46-303.