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 2 - MERCURY PRODUCT DISPOSAL CONTROL ACT (§§ 68-211-201 — 68-211-207) › Section 68-211-203 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Biological product" means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or an analogous product, or arsphenamine or any other trivalent organic arsenic compound used for the prevention or treatment of a disease or condition of human beings or animals;
(2)
"Board" means, unless otherwise indicated, the underground storage tanks and solid waste disposal control board established by §
68-211-111
;
(3)
"Commissioner" means the commissioner of environment and conservation or the commissioner's authorized representative;
(4)
"Covered generator" means any generator that:
(A)
Employs ten (10) or more employees;
(B)
Owns or maintains a building, excluding private residences, of at least three thousand square feet (3,000 sq. ft.);
(C)
Owns or maintains electrical distribution systems;
(D)
Owns or operates a business that demolishes buildings, excluding private residences; or
(E)
Owns or operates a tanning bed salon business;
(5)
"Department" means the department of environment and conservation;
(6)
"Discarded mercury-added consumer product" means a mercury-added consumer product that can, or will, no longer be used for its intended purpose as determined by its generator;
(7)
"Disposed of" means originally placed in a solid waste container whose contents are destined for delivery to a solid waste landfill for disposal or to an incinerator, boiler, or industrial furnace for burning;
(8)
"Generator" means the person who owns or otherwise controls the fate of a discarded mercury-added consumer product;
(9)
"Hazardous waste" shall have the same meaning as provided in by Tenn. Comp. R. & Regs. 0400-12-01-.02(1)(c);
(10)
"Hazardous waste management facility" means:
(A)
All contiguous land and structures, other appurtenances, and improvements on the land, used for treating, storing, transporting, or disposing of hazardous waste. A facility may consist of several treatment, storage, transportation, or disposal operational units (e.g., one (1) or more landfills, surface impoundments, or combinations of them);
(B)
For the purpose of implementing corrective action under Tenn. Comp. R. & Regs. 0400-12-01-.06(6)(
l
) or §
68-212-111
, all contiguous property under the control of the owner or operator seeking a permit under the Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title; and
(C)
Notwithstanding subdivision (10)(B), a remediation waste management site if such site is located within a facility that is subject to Tenn. Comp. R. & Regs. 0400-12-01-.06(6)(
l
);
(11)
(A)
"Mercury-added consumer product" means any material, device, or part of a device including, but not limited to, those materials, devices, or parts listed in subdivision (11)(B):
(i)
Into which elemental mercury or mercury compounds are intentionally added during the formulation or manufacture of such material or device; and
(ii)
In which the continued presence of mercury is required to provide a specific characteristic, appearance or quality, or to perform a specific function;
(B)
"Mercury-added consumer product" includes, but is not limited to:
(i)
Thermostats;
(ii)
Thermometers;
(iii)
Switches (whether individually or as part of another product);
(iv)
Medical or scientific instruments;
(v)
Electrical relays and other electrical devices;
(vi)
Lamps and light bulbs; and
(vii)
Batteries other than those defined as mercury-containing excluded products;
(12)
"Mercury-containing excluded product" means:
(A)
Photographic film and paper;
(B)
Pharmaceutical products;
(C)
Biological products;
(D)
Any substance that can lawfully be sold over the counter without a prescription under the Federal Food, Drug and Cosmetics Act (
21 U.S.C. § 301
et seq.);
(E)
Any device or material from which the elemental mercury or mercury compounds have been removed;
(F)
Button batteries used in hearing aids, radios, cameras, and other devices;
(G)
Medical devices; or
(H)
Restorative dental materials;
(13)
"Person" means any and all persons, natural or artificial, including any individual, firm or association, or municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government;
(14)
(A)
"Solid waste" means:
(i)
Garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities; or
(ii)
Without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal;
(B)
"Solid waste" does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act (
33 U.S.C. § 1342
);
(15)
"Universal waste" means any of the hazardous wastes listed in Tenn. Comp. R. & Regs. 0400-12-01-.12(1)(a) that are managed under the universal waste requirements of Tenn. Comp. R. & Regs. 0400-12-01-.12;
(16)
"Universal waste destination facility" means a facility that treats, disposes of, or recycles universal waste, except those management activities described in Tenn. Comp. R. & Regs. 0400-12-01-.12(2)(d)1 and 3 and Tenn. Comp. R. & Regs. 0400-12-01-.12(3)(d)1 and 3. For the purpose of managing universal waste, "universal waste destination facility" does not include a facility at which universal waste is only accumulated; and
(17)
(A)
"Universal waste handler" means:
(i)
Any person, by site, whose act or process produces universal waste or whose act causes universal waste to become subject to regulation; or
(ii)
The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a universal waste destination facility, or to a foreign destination;
(B)
"Universal waste handler" does not include:
(i)
A person who treats, except under Tenn. Comp. R. & Regs. 0400-12-01-.12(2)(d)1 or 3, or Tenn. Comp. R. & Regs. 0400-12-01-.12(3)(d)1 or 3, disposes of, or recycles universal waste; or
(ii)
A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
Acts 2010 , ch. 840, § 4.