reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-811 - Municipal solid waste planning district - District needs assessment

(a)
The counties within each development district, as established pursuant to title 13, chapter 14, including all municipalities therein, shall constitute a municipal solid waste planning district. Each district shall submit a district needs assessment for all of the counties within the district to the department of environment and conservation by September 30, 1992. The needs assessment for the municipal solid waste planning district shall be conducted by the staff of the development district. Such staff shall coordinate and maintain the plan. The needs assessment shall be revised to reflect subsequent developments in the district by April 1, 1999, and every five (5) years thereafter.
(b)
In conjunction with the commissioner, each development district shall sponsor a district-wide meeting to deliver the findings of the district needs assessment to the citizens of the district.
(c)
The district needs assessment will identify rational waste disposal areas within the district and include at least the following information:
(1)
Demographic information and projections for a ten-year planning period;
(2)
An analysis of economic activity within the district;
(3)
Characterization of the solid waste stream;
(4)
Projections of solid waste generation for the ten-year planning period;
(5)
Evaluation of the collection systems for every municipality and county within the district;
(6)
Evaluation of existing solid waste capacity and management facilities within the district and evaluation of any planned new or expanded facilities;
(7)
A statement of district goals that are consistent with the state plan;
(8)
An analysis of existing or potential waste flows within the district and between adjacent districts;
(9)
A comparison of projected demands from waste generation and importation of waste with available and projected capacity and an identification of potential shortfalls in capacity; and
(10)
Any additional information as the commissioner may require.
Acts 1991, ch. 451, § 10; T.C.A., § 68-31-811; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-816 - Municipal solid waste regions - Failure to submit adequate plan - Noncompliance with part - Sanctions and penalties

(a)
If a municipal solid waste region fails to submit an adequate plan in a timely fashion or if the commissioner does not approve any plan submitted to it, or for any other noncompliance with a provision of this part, then the commissioner shall impose the following sanctions, as appropriate, on the noncompliant county or region:
(1)
On the first instance of noncompliance, the commissioner shall issue a letter of warning to the noncompliant county or region indicating the reasons for noncompliance, setting forth the sequence of graduated sanctions for noncompliance and offering technical assistance to remedy the causes of noncompliance.
(2)
Any noncompliance shall be resolved as soon as possible. If noncompliance continues for thirty (30) days after receipt of the warning letter, the noncomplying county or region shall lose eligibility for funds from the solid waste management fund, unless the commissioner states in writing that, due to particular circumstances, a longer time is appropriate.
(3)
If noncompliance continues for sixty (60) days after receipt of the warning letter, then, in addition to any other penalty imposed by law, the commissioner may impose a civil penalty of not more than five thousand dollars ($5,000) for each day of noncompliance beyond the sixty-day period.
(b)
Any civil penalty shall be assessed in the same manner as provided in §
68-211-117(b)
. Any penalty collected pursuant to this section shall be deposited in the solid waste management fund.
(c)
Any person who violates §
68-211-608
, §
68-211-866(a)
or §
68-211-867(d)
shall be subject to the penalties provided for in §
68-211-117
.
Acts 1991, ch. 451, § 16; T.C.A., § 68-31-816; Acts 1995, ch. 501, § 3; 2007 , ch. 462, §§ 4-6.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-817 - Publicly owned landfills or incinerators - Exclusion of certain solid waste

A publicly owned landfill or incinerator for disposal of municipal solid waste may exclude solid waste originating outside of the region if such exclusion is consistent with the region's plan submitted pursuant to §
68-211-814
.
Acts 1991, ch. 451, § 15; T.C.A., § 68-31-817.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-821 - Solid waste management fund - Funding - State - wide comprehensive goals for solid waste management programs

(a)
There is established a general fund reserve to be allocated by the general appropriations act which shall be known as the "solid waste management fund." Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. In addition to appropriations of solid waste management funds made by the annual appropriations act, at any time during the fiscal year, the commissioner of environment and conservation, subject to the approval of the commissioner of finance and administration, may use any additional funds available from the solid waste management fund to fund activities authorized by this part.
(b)
It is the legislative intent that all appropriations which are required for the implementation of this part and which are in addition to the funds available from the solid waste management fund established by this section shall be funded from appropriations which are otherwise available for solid waste management and related activities as appropriated in the general appropriations act.
(c)
The commissioner is directed to develop, with the input and advice of the underground storage tanks and solid waste disposal control board, comprehensive goals for the system of solid waste management programs throughout the state. These goals should address waste avoidance, waste reduction, recycling, composting, and household hazardous waste objectives and should incorporate a strategy of education, technical assistance, and incentives for assuring compliance by all solid waste regions. This program shall be put in place for grants given out after July 1, 2000; provided, that there is sufficient information available on the waste reduction and diversion activities of the counties at that time.
Acts 1991, ch. 451, §§ 53, 89; T.C.A., § 68-31-821; Acts 1996, ch. 846, § 23; 1999, ch. 384, § 8; 2007, ch. 462, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-822 - Annual grants to agencies by department - Guidance for regional needs assessments and development of plans

From available funds in the solid waste management fund established by §
68-211-821
, the department may award annual grants to the University of Tennessee county technical assistance service, the University of Tennessee municipal technical advisory service, the development districts and the department of economic and community development. Upon receiving such grant funds, these agencies shall render technical assistance to regions, counties and municipalities as needed in the development of the plan required by this part.
Acts 1991, ch. 451, § 17; T.C.A., § 68-31-822; Acts 1992, ch. 693, § 24; 2011 , ch. 509, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-823 - Annual plan maintenance grants - Planning assistance grants

From available funds in the solid waste management fund established in §
68-211-821
, the department shall award:
(1)
Annual plan maintenance grants to development districts in order to assist such districts in revising data, maintaining district needs assessments, and assisting counties within the district; and
(2)
Planning assistance grants to each county or solid waste region in order to assist such counties or regions in developing, revising and maintaining regional plans required by §
68-211-814
.
Acts 1991, ch. 451, § 19; T.C.A., § 68-31-823; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 24.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-824 - Matching grant assistance to establish or upgrade convenience centers

From funds available in the solid waste management fund established by §
68-211-821
, the department shall offer matching grant assistance to counties for the purpose of establishing or upgrading convenience centers required by §
68-211-851
. Such grant funds may be applied to expenses for land, paving, fencing, shelters for attendants, containers and basic equipment including, but not limited to, balers, crushers, grinders and fencing. Such funds may also be applied to expenditures for developing and printing of operating manuals, but such funds may not be used for regular operating expenses of a recurring nature. The local share of the match shall be determined by the department, using an economic index promulgated by the board based upon factors which include, but are not limited to, per capita income and property values of the county applicant. Counties falling within the lower one-half (1/2) of the economic scale on the index shall be eligible for lower matching rates. The board shall promulgate regulations regarding the appropriate index and matching rates.
Acts 1991, ch. 451, § 21; T.C.A., § 68-31-824; Acts 1992, ch. 693, § 24.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-826 - Office of cooperative marketing for recyclables - Duties

(a)
From funds available from the solid waste management fund established by §
68-211-821
, the department of environment and conservation shall establish an office of cooperative marketing for recyclables.
(b)
The duties of the office of cooperative marketing for recyclables include:
(1)
Preparing and maintaining a directory of regional buyers, which shall include current information on product specifications, markets and price ranges;
(2)
Preparing and maintaining a directory of public and private, for profit and nonprofit recycling programs;
(3)
Collecting information on the quantity and quality of materials offered for sale by recycling programs;
(4)
Assisting counties in contract negotiation;
(5)
Creating a data base for and operating an interactive information clearinghouse and marketing service, which shall include pricing information; and
(6)
Maintaining an inventory of available quantities, qualities and locations of recyclable materials in Tennessee, and marketing such sites to industries which can utilize available materials.
Acts 1991, ch. 451, § 30; T.C.A., § 68-31-826; Acts 2007 , ch. 462, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-828 - Competitive grants for collection of household hazardous waste

(a)
From funds available from the solid waste management fund, the department shall award competitive grants for collection of household hazardous waste at a permanent site to municipalities with a population of one hundred thousand (100,000) or more in counties with a population of two hundred eighty-seven thousand seven hundred (287,700), or more, according to the 1980 federal census or any subsequent federal census, and to the municipalities or counties that are determined by the department to be the next largest in terms of population or level of participation, or both, in mobile household hazardous waste collection events.
(b)
An eligible municipality or county may only receive one (1) grant for the establishment of a permanent household hazardous waste collection site; however, if funds are available from the solid waste management fund, the department may award a municipality or county that has established a permanent household hazardous waste collection site annual grants to assist the municipality or county in maintaining or operating, or both, the permanent household hazardous waste collection site.
(c)
A municipality or county that receives a grant pursuant to this section shall allow all residents of the county in which the site is located to use the site on the same basis. The mobile household hazardous waste collection service authorized by §
68-211-829
shall not be provided in a county in which there is a permanent household hazardous waste collection site that was funded through a grant pursuant to this section.
Acts 1991, ch. 451, § 34; T.C.A., § 68-31-828; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 27; 2007 , ch. 462, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-829 - Household hazardous wastes - Mobile collection units

From funds available from the solid waste management fund established by §
68-211-821
, except as provided in §
68-211-828
, the department shall, directly or by contract, provide for the collection of household hazardous wastes on designated days in each county. Each county, or solid waste authority under part 9 of this chapter, if such authority has been created, shall provide a service site and shall advertise in newspapers of general circulation in the county the day or days and hours and location where the household hazardous wastes will be collected. The advertisements shall also identify examples of household hazardous wastes that the mobile unit will receive. The county or solid waste authority shall also furnish at least one (1) person to represent the county or solid waste authority at the service site on the days of collection, who will assist the persons operating the mobile collection unit.
Acts 1991, ch. 451, § 35; T.C.A., § 68-31-829; Acts 1996, ch. 846, § 28.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-830 - Matching grants for promoting new technologies

From funds available from the solid waste management fund established by §
68-211-821
, the department may award matching grants to persons to promote the development of new technology for solid waste and recovered materials management, the use of solid waste as a fuel substitute, or innovative solid waste management infrastructure development. Such matching grants shall be made on a competitive basis with appropriate criteria for such competition to be established by the commissioner of environment and conservation. When the recipient is a local government, the local share of the match shall be determined by the department, using an economic index based upon factors which include, but are not limited to, per capita income and property values of the local government. Jurisdictions falling within the lower economic scale on the index shall be eligible for lower matching rates.
Acts 1996, ch. 846, § 29.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-831 - [Effective Until 7/1/2025] Investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites

From funds available from the solid waste management fund, the department may, directly or by contract, provide for the investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites. The department shall attempt to recover funds expended from the person responsible for the disposal of the waste tires or solid waste pursuant to §
68-211-117
.
Acts 1996, ch. 846, § 30.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-831 - [Effective 7/1/2025] Investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites

(a)
From funds available from the solid waste management fund, the department may, directly or by contract, provide for the investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites. The department shall attempt to recover funds expended from the person responsible for the disposal of the waste tires or solid waste pursuant to §
68-211-117
.
(b)
(1)
The department may provide funds to a local government for the purposes of this section. The underground storage tanks and solid waste disposal control board may promulgate rules to effectuate the purposes of this section.
(2)
In determining whether to provide funds to a local government, the department may consider the local government's demonstrated need and the local government's use of funds received pursuant to title 67, chapter 4, part 16.
(3)
A county requesting funds under this subsection (b) must be in compliance with the reporting requirements under §
67-4-1610(b)(1)
, as determined by the commissioner.
(4)
In addition to the uses set forth in subsection (a), a local government may use the funds provided under this section to issue grants to a private party, other than a person responsible for the illegal disposal of waste tires, for the purpose of investigation and clean-up of privately owned, unpermitted, waste tire disposal sites.
Amended by 2024 Tenn. Acts, ch. 614,s 2, eff. 7/1/2025.
Acts 1996, ch. 846, § 30.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-832 - Grants for investigation and corrective action at landfills causing contamination of ground water

(a)
From funds available in the solid waste management fund, the department may award a grant or grants to any county or municipality that operated a Class I landfill permitted by the department that is now closed and does not have a composite liner system in place, if the department determines that the landfill is causing harm to health or the environment through contamination of ground water.
(b)
The grant shall be used by the county or municipality for the purpose of investigation or corrective action at the landfill. The amount of the grant shall be set at an amount sufficient to reimburse a county or municipality for not more than fifty percent (50%) of the total cost of investigation and corrective action of the ground water contamination as of the date of application for the grant.
(c)
The underground storage tanks and solid waste disposal control board may promulgate rules it deems necessary or appropriate to effectuate this grant program.
Acts 2007, ch. 462, § 10.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-833 - Disposal of hazardous waste in public schools

Funds available in the solid waste management fund may be used by the department to provide for the proper disposal of hazardous waste or other materials, deemed by the department to pose a hazard to students or the environment, in public kindergarten through grade twelve (K-12) schools.
Acts 2007, ch. 462, § 11.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-841 - [Repealed]

Acts 1991, ch. 451, § 18; T.C.A., § 68-31-841; Acts 1995, ch. 501, § 3; 1996, ch. 846, §§ 32, 52; 1999, ch. 384, § 3; repealed by Acts 2012 , ch. 986, § 33, effective 10/1/2012.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-842 - Education program - Guidelines - Funding

(a)
The commissioner shall issue guidelines for the education program element of the municipal solid waste region plan. Each solid waste regional plan shall include an education program to assist adults and children to understand solid waste issues, management options and costs, and the value of waste reduction and recycling.
(b)
The adult education program shall be funded at a level no less than four percent (4%) of the waste disposal surcharge collected in fiscal year 1996-97; five percent (5%) of the waste disposal surcharge collected in fiscal year 1997-98; and six percent (6%) of the waste disposal surcharge collected in fiscal year 1998-99.
Acts 1991, ch. 451, § 38; T.C.A., § 68-31-842; Acts 1995, ch. 501, § 3; Acts 1996, ch. 846, § 50.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-843 - Information clearinghouse - Regional workshops and conferences

The commissioner shall establish an information clearinghouse to acquire, review, evaluate and distribute a catalog of materials on source reduction and recycling. The commissioner shall also organize and conduct statewide and regional workshops and conferences on solid waste management, source reduction and recycling.
Acts 1991, ch. 451, § 39; T.C.A., § 68-31-843; Acts 1995, ch. 501, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-844 - Educational and training programs

The commissioner shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs and inform the public of the relationship between an individual's consumption of goods and services and the generation of different types and quantities of solid waste. The commissioner, in consultation with the department of education, shall prepare the information and programs on a statewide basis for the following groups:
(1)
Municipal, county and state officials and employees;
(2)
Kindergarten through graduate students and teachers;
(3)
Businesses that use or could use recycled materials or that produce or could produce projects from recycled materials, and persons who provide support services to those businesses; and
(4)
The general public.
Acts 1991, ch. 451, § 40; T.C.A., § 68-31-844; Acts 1995, ch. 501, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-845 - Promotion of education concerning solid waste management

In order to promote education of children in grades kindergarten through twelve (K-12) concerning solid waste management, source reduction and recycling, the University of Tennessee Waste Management Research and Education Institute, in conjunction with the commissioner of environment and conservation, shall:
(1)
Review, evaluate and publish a list of approved curriculum materials relative to solid waste management, source reduction and recycling;
(2)
Sponsor workshops on the curriculum materials for educators;
(3)
Provide in-service training for teachers on solid waste management, recycling and source reduction, environmental protection and conservation of materials; and
(4)
Establish peer assistance programs for teachers within a solid waste management region.
Acts 1991, ch. 451, § 41; T.C.A., § 68-31-845; Acts 1995, ch. 501, § 3; 1999, ch. 384, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-846 - Education programs - Awards

The commissioner shall establish an awards program for outstanding school-based solid waste, source reduction or recycling education programs.
Acts 1991, ch. 451, § 42; T.C.A., § 68-31-846; Acts 1995, ch. 501, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-847 - Matching grants to implement education program

After a region's plan is approved, the department of environment and conservation may award matching grants for implementing the education program component of the plan from funds available in the solid waste management fund. The local share of the match shall be determined by the department, using an economic index based upon factors which include, but are not limited to, per capita income and property values of the local government. Jurisdictions falling within the lower economic scale on the index shall be eligible for lower matching rates.
Acts 1991, ch. 451, § 45; T.C.A., § 68-31-847; Acts 1992, ch. 693, § 24; 1996, ch. 846, § 33.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-848 - Recognition of university and college programs - Awards program

The commissioner shall develop an awards program for recognition of university and college programs concerning waste management, source reduction and recycling.
Acts 1991, ch. 451, § 46; T.C.A., § 68-31-848; Acts 1995, ch. 501, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-849 - Reserved

Acts 2007 , ch. 584, §§ 1, 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-853 - Landfills - Certification of operators, attendants and participating persons - Training - Suspension or revocation of operating license or operator's certification

(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.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-854 - Contracting with private entities

No provision of this part shall prohibit a county, municipality or solid waste authority from contracting with a private individual or entity for the provision of collection or recycling services in a county, municipality or solid waste authority.
Acts 1991, ch. 451, § 24; T.C.A., § 68-31-854.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-862 - Records of origin and amount of solid waste received at transfer stations, disposal facilities, and incinerators - Exclusion - Measurement of amount of solid waste received

(a)
The owner or operator of each Class I municipal solid waste disposal facility, incinerator, or transfer station shall be responsible for:
(1)
Maintaining an accurate written record of all amounts and county of origin of solid waste, measured in tons, received at the facility; and
(2)
Submitting the information required under subdivision (a)(1) to the department.
(b)
Measurement in tons of solid waste received shall be accomplished by one (1) or more of the following methods:
(1)
The provision of stationary or portable scales at the disposal facility or incinerator or transfer station for weighing incoming waste; or
(2)
Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility, incinerator, or transfer station for weighing all waste destined for disposal at the facility.
Amended by 2017 Tenn. Acts, ch. 282,s 1, eff. 5/4/2017.
Acts 1991, ch. 451, § 26; T.C.A., § 68-31-862; Acts 1992, ch. 693, § 24; 1996, ch. 846, §§ 37, 38; 1999, ch. 384, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-863 - Sites for collection of recyclable materials - Annual reports

Effective January 1, 1996, each county shall provide directly, by contract or through a solid waste authority, one (1) or more sites for collection of recyclable materials within the county, unless an adequate site for collection of recyclable materials is otherwise available to the residents of the county.
Acts 1991, ch. 451, § 27; T.C.A., § 68-31-863; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 39.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-864 - Technical assistance

The institute for public service of the University of Tennessee shall provide technical assistance in the design and management of a recycling program to each county, municipality, authority or region which requests assistance.
Acts 1991, ch. 451, § 28; T.C.A., § 68-31-864.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-865 - Duties of the department of general services and of the department of environment and conservation

(a)
The department of general services shall:
(1)
Recycle surplus state property to the maximum extent practicable, under the program authorized by this part and under §
12-2-404
, that cannot be sold for reuse, notwithstanding the existence of any other law, rules or regulations to the contrary;
(2)
Revise product specifications to require, to the extent economically feasible, the procurement of recycled products or products with recycled content;
(3)
Encourage all departments of state government to purchase products with recycled content or recyclable products from state contracts;
(4)
Encourage county governments to purchase materials with recycled content from state contracts in transactions under title 12, chapter 3, part 10; and
(5)
Effect procurement contracts that are subject to competitive bidding using specifications revised according to subdivision (a)(2).
(b)
The department of environment and conservation shall:
(1)
Expand to the maximum extent practicable the department's state recycling program for paper, aluminum cans and bottles;
(2)
Expand the department's state recycling program to the maximum extent practicable to include other kinds of recyclable materials, including, but not limited to, newsprint, plastic bottles, mixed paper and steel cans;
(3)
Demonstrate new uses of recovered materials; and
(4)
Encourage all state facilities to offer recycling opportunities where practicable, including, but not limited to, increasing the availability of recycling receptacles and conducting employee education.
Amended by 2015 Tenn. Acts, ch. 407, s 1, eff. 5/8/2015.
Acts 1991, ch. 451, § 32; T.C.A., § 68-31-865; Acts 2007 , ch. 462, § 14.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-866 - Whole waste tires - Lead - acid batteries - Used oil - When acceptance for disposal prohibited - Storage sites

(a)
No municipal solid waste disposal facility or incinerator shall accept for disposal any whole waste tires, lead-acid batteries or used oil when an operator or attendant either knew, or should have known, of the presence of such prohibited materials; provided, that, subject to other applicable law and regulations, whole waste tires may be incinerated.
(b)
Each county shall provide directly, by contract or through a solid waste authority at least one (1) site to receive and store waste tires, used automotive oils and fluids, and lead-acid batteries, if adequate sites are not otherwise available in the county for the use of the residents of the county. A single site need not receive all of the items for which collection is required by this section, but all items listed above shall have at least one (1) site for reception and storage in the county. The operator of any such sites provided by a county shall sell and/or cause the transfer of the recyclable materials stored at these sites to a commercial recycler or a regional receiving facility for such wastes as often as is practicable.
Acts 1991, ch. 451, § 33; T.C.A., § 68-31-866.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-871 - Annual report - Contents - Annual progress report - Sanctions for noncompliance - Annual reports by recovered materials facilities

(a)
The department shall make available on its website, by January 1 of each year, the forms and information to be used by the regions to file an annual progress report. Each region shall submit the annual report to the commissioner by March 31 for the immediately preceding calendar year, in a format to be determined by the commissioner, which will include data on the following:
(1)
Collection;
(2)
Recycling;
(3)
Transportation;
(4)
Disposal;
(5)
Public costs; and
(6)
Any other information that the board, by rule, deems relevant to solid waste planning and management.
(b)
After approval of the plan required by §
68-211-814
, the commissioner shall require that a region submit an annual progress report on implementation of such plan in conjunction with the annual report required by this section.
(c)
The region may require each person actively and regularly engaged in the collection, transportation and disposal of municipal solid waste, or the recovery or recycling of materials, in the county or counties constituting the region to provide any information necessary for the region to comply with the reporting requirements of this section.
(d)
The region may bring an action for mandatory injunction in the chancery court against any person failing to properly report in accordance with this section in order to compel compliance. The region shall be entitled to recover all costs and attorney's fees from any person failing to comply with the reporting requirements of this section.
(e)
Any person operating a recovered materials processing facility shall report annually the quantities of recovered materials processed at that facility, by type of material, directly to the department or its designee, in a manner approved by the department. The department may enter into agreements with private recycling organizations to facilitate the gathering of such information. Such information shall be treated as proprietary information but may be compiled and reported in cumulative statewide totals, by type of recovered material. Such information may not be released to the public in such a manner as to identify it with an individual recovered materials processing facility. A recovered materials processing facility which fully complies with the reporting requirements of this subsection (e) shall not be subject to the reporting requirements of subsection (c), for information solely related to the operation of the recovered materials processing facility.
Acts 1991, ch. 451, § 49; T.C.A., § 68-31-871; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 41; 2007 , ch. 462, § 18.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-872 - Solid waste planning and management data base - Guidelines and best practices

(a)
The commissioner shall establish and maintain a statewide solid waste planning and management data base which can aggregate and analyze county reports on waste generation, collection, recycling, transportation, disposal and costs.
(b)
The department may provide guidelines and best practices for composting and recycling to regional board members, advisory committees, and Class I, Class III, and Class IV landfill owners and operators.
Amended by 2017 Tenn. Acts, ch. 335,s 2, eff. 5/9/2017.
Acts 1991, ch. 451, § 50; T.C.A., § 68-31-872; Acts 1995, ch. 501, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 8 - SOLID WASTE MANAGEMENT ACT OF 1991 (§§ 68-211-801 — 68-211-874) › Section 68-211-873 - Annual report to governor and general assembly

(a)
The department shall prepare an annual report to the governor and general assembly on the state's solid waste management system.
(b)
The report required by subsection (a) shall include progress implementation updates, including projected implementation steps, on each specific component of the state's comprehensive solid waste management plan, as listed in §
68-211-603
.
Amended by 2016 Tenn. Acts, ch. 607, s 1, eff. 3/17/2016.
Acts 1991, ch. 451, § 51; T.C.A., § 68-31-873; Acts 1995, ch. 501, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 9 - SOLID WASTE AUTHORITY ACT OF 1991 (§§ 68-211-901 — 68-211-925) › Section 68-211-901 - Short title

This part shall be known and may be cited as the "Solid Waste Authority Act of 1991."
Acts 1991, ch. 451, § 58; T.C.A., § 68-31-901.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 9 - SOLID WASTE AUTHORITY ACT OF 1991 (§§ 68-211-901 — 68-211-925) › Section 68-211-902 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Authority" or "solid waste authority" means any public instrumentality organized pursuant to this part;
(2)
"Bonds" or "revenue bonds" means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this part, or pursuant to any other law, as supplemented by, or in conjunction with, this part;
(3)
"Contracting party" or "other contracting party" means any party to a sale contract or loan agreement except the authority;
(4)
"Governing body" means the body in which the general legislative powers of a municipal corporation are vested and, in the case of counties, means the legislative body of the respective counties;
(5)
"Person" means person as defined in §
68-211-103
;
(6)
"Project" means any solid waste disposal facility or resource recovery facility, or any combination thereof;
(7)
"Resource recovery facility" means land, rights in land, buildings, facilities and equipment suitable or necessary for the recovery or production of energy or energy producing materials in any form resulting from the controlled processing or disposal of solid waste or the systematic separation, extraction and recovery of recyclable materials from the solid waste stream, including facilities or systems for the storage, conversion or transportation thereof;
(8)
"Revenue" means all rents, fees and other charges received by the authority for use of its projects, facilities and services including, without limitation, all amounts received for the collection, transportation, disposal or processing of solid waste, the operation of any project, or the sale, storage, distribution or transportation of energy, energy producing materials or other materials or commodities by the authority;
(9)
"Solid waste" means solid waste as defined in §
68-211-103
;
(10)
"Solid waste facility" means land, rights in land, buildings, facilities and equipment suitable or necessary for collecting, receiving, transferring, placing, confining, compacting, treating or covering solid waste or for processing solid waste by, without limitation, incinerating, composting, separating, grinding, shredding, reducing or otherwise modifying the characteristics or properties thereof, including all property, real and personal, appurtenant thereto or connected with such work; and
(11)
"State of Tennessee" means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality thereof now or hereafter existing.
Acts 1991, ch. 451, § 59; T.C.A., § 68-31-902; Acts 1996, ch. 846, §§ 42-44.