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 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-120 - Manifest

(a)
Persons who transport, treat, store and/or dispose of baled waste, except for those who bale waste at the site of disposal, shall utilize a manifest for such waste that contains all the following information:
(1)
Names and addresses of the transporter;
(2)
Name and address of the facility at which the waste was baled;
(3)
A description of the waste;
(4)
The name and address of the destination of the waste; and
(5)
Such other information specified in regulations promulgated by the board.
(b)
The manifest required by this section shall at all times accompany baled waste while it is in transit and shall be maintained at any facility that treats or disposes of such waste for a period of at least thirty (30) years.
Acts 1991, ch. 451, § 9; T.C.A., § 68-31-120.
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 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-121 - Landfills and processing facilities - Inspection of waste

To ensure that landfills and processing facilities receive only lawfully acceptable waste, the operator of each facility shall inspect waste received at the facility in accordance with a plan approved by the commissioner. Such plan shall provide for a level of inspection that is equivalent to that which is required for baled waste in §
68-211-119
.
Acts 1991, ch. 451, § 9; T.C.A., § 68-31-121.
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 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-122 - Approval for establishment of landfill through eminent domain

Notwithstanding any other law to the contrary, a municipality may exercise the power of eminent domain to establish a landfill for solid waste disposal outside its corporate boundaries only if the governing body of the area in which the landfill is to be located approves such action by a majority vote at two (2) consecutive, regularly scheduled meetings.
Acts 1998, ch. 908, § 1.
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 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-123 - No permits by rule for certain sites for sewage sludge composting

The department of environment and conservation shall not issue a permit by rule for sewage sludge composting for a site that is greater than one (1) acre in size.
Acts 2000, ch. 904, § 1.
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 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-124 - Use of treated ash aggregate as a building material

(a)
The department may issue permits authorizing the use of treated ash aggregate as a building material in construction or site preparation applications in commercial and industrial settings.
(b)
"Treated ash aggregate" as used in this section means bottom ash or fly ash resulting from incineration of municipal solid waste as defined in §
68-211-802
that has been treated to assure that it is not a hazardous waste as defined in §
68-212-104
, and rules thereunder.
Acts 2001, ch. 387, § 1.
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 68-211-201 - Short title

This part shall be known and may be cited as the "Mercury Product Disposal Control Act."
Acts 2010, ch. 840, § 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 2 - MERCURY PRODUCT DISPOSAL CONTROL ACT (§§ 68-211-201 — 68-211-207) › Section 68-211-202 - Purpose

The general assembly finds and declares that:
(1)
Mercury is a persistent and toxic pollutant that bioaccumulates in the environment;
(2)
According to recent studies, mercury deposition is a significant problem in the southeast; and
(3)
The removal of mercury-containing products from solid wastes that are collected and disposed of in landfills or through incineration is a means of reducing the deposition of mercury into the environment and mercury's threat to public health and the environment.
Acts 2010, ch. 840, § 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 2 - MERCURY PRODUCT DISPOSAL CONTROL ACT (§§ 68-211-201 — 68-211-207) › Section 68-211-204 - Duties of covered generator

(a)
On or after January 1, 2011:
(1)
No covered generator shall dispose of a mercury-added consumer product as non-hazardous solid waste under Tenn. Comp. R. & Regs. 1200-1-7; and
(2)
A covered generator shall ensure that its discarded mercury-added consumer products are:
(A)
Shipped for recycling, treatment, or disposal to either a universal waste destination facility or a hazardous waste management facility that has been permitted to manage such materials by the federal environmental protection agency (EPA) pursuant to the federal Resource Conservation and Recovery Act ("RCRA") (
42 U.S.C. § 6901
et seq.) by a state program that has been authorized by the EPA to implement the pertinent portions of RCRA in the state, or by a foreign government; and
(B)
Managed prior to receipt at such universal waste destination facility or hazardous waste management facility in accordance with, as applicable, either:
(i)
The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 - 0400-12-01-.07; or
(ii)
The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11.
(b)
Any person who separates and collects from a municipal solid waste stream either mercury-added consumer products from generators that are not covered generators, or mercury-containing excluded products shall be subject to the same requirements as covered generators as provided in subsection (a).
Acts 2010 , ch. 840, § 5.
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 68-211-205 - Development and publication of educational materials

The department may develop and publish educational materials on the requirements of this part relative to discarded mercury-added consumer products and the effects of improper mercury disposal. For purposes of this section, publication shall include, but is not limited to, prominently posting the content of such materials on the department's website.
Acts 2010 , ch. 840, § 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 2 - MERCURY PRODUCT DISPOSAL CONTROL ACT (§§ 68-211-201 — 68-211-207) › Section 68-211-206 - Inspections of structures - Printing of forms

(a)
When making an inspection of any structure pursuant to §
62-3-128
, §
62-4-127
, this title or title 69, the inspector shall make the following inquiry to the owner of the structure, or, if the owner is not present at the time of an inspection, any other person with the authority to exercise control over the structure who is present at such structure at the time of the inspection:
Are you aware that, if any of the following criteria apply to your business and your business utilizes mercury-added consumer products, such as fluorescent light bulbs, the Mercury Product Control Act applies to your business:
(1)
Employs ten (10) or more employees;
(2)
Owns or maintains a building of at least three thousand square feet (3,000 sq. ft.), excluding private residences;
(3)
Owns or maintains one (1) or more electrical distribution systems;
(4)
Engages in the demolition of buildings, excluding private residences; or
(5)
Owns or operates a tanning bed salon?
The Mercury Product Control Act requires proper recycling of mercury-added consumer products rather than disposing of such products in the solid waste stream. Do you have a plan for recycling mercury-added consumer products?
(b)
Any governmental entity or contractor that is required to update a form, whether in paper or electronic format, or both, in order to add the question required by subsection (a), shall only do so upon the occasion of the next regularly scheduled printing of such form or software update of a website, which immediately follows April 30, 2010.
Acts 2010 , ch. 840, § 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 2 - MERCURY PRODUCT DISPOSAL CONTROL ACT (§§ 68-211-201 — 68-211-207) › Section 68-211-207 - Establishment and maintenance of link on the department of revenue's website

The department of revenue shall establish and maintain a link on the department of revenue's website to information concerning the Mercury Product Disposal Control Act. The link shall appear on a prominent page on the department of revenue's website in a location that the department of revenue determines is likely to direct taxpayers to such information. The department shall provide information to the department of revenue that is necessary to establish and maintain the link, including any necessary updates.
Acts 2010 , ch. 840, § 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 3 - TIRE ENVIRONMENTAL ACT (§§ 68-211-301 — 68-211-305) › Section 68-211-301 - Short title

This part shall be known and may be cited as the "Tire Environmental Act".
Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
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 3 - TIRE ENVIRONMENTAL ACT (§§ 68-211-301 — 68-211-305) › Section 68-211-302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Fee" means the tire environmental fee created by this part;
(2)
"Fund" means the tire environmental fund created by this part;
(3)
"Motor vehicle" means any vehicle that is self-propelled and designed to be used on public highways; and
(4)
"Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle.
Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
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 3 - TIRE ENVIRONMENTAL ACT (§§ 68-211-301 — 68-211-305) › Section 68-211-303 - Tire environmental fee

(a)
There is imposed on each purchase of a new motor vehicle to be titled and registered in this state a tire environmental fee as follows:
(1)
Five dollars ($5.00) for a motor vehicle with four (4) or fewer wheels;
(2)
Ten dollars ($10.00) for a motor vehicle with more than four (4) but fewer than eleven (11) wheels; and
(3)
Fifteen dollars ($15.00) for a motor vehicle with eleven (11) or more wheels.
(b)
The fee imposed by this section shall be collected by the seller from the purchaser at the time of purchase.
(c)
Fees collected shall be remitted to the department of revenue in a manner prescribed by the commissioner. All fees collected, less an amount to cover the actual expenses of administration by the department, shall be credited to the tire environmental fund.
(d)
Notwithstanding any law to the contrary, fees imposed by this section shall be exempt from sales and use tax and business tax liability regardless of whether the fee is included in the purchase price of a new motor vehicle or is paid separately at the time of purchase.
Added by 2015 Tenn. Acts, ch. 525,s 1, eff. 10/1/2015.
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 3 - TIRE ENVIRONMENTAL ACT (§§ 68-211-301 — 68-211-305) › Section 68-211-304 - Tire environmental fund

(a)
There is created a special account in the state treasury to be known as the tire environmental fund.
(b)
Moneys shall be deposited in the fund as provided in §
68-211-303(c)
.
(c)
Moneys in the fund shall be used exclusively by the department of environment and conservation in accordance with §
68-211-305
.
(d)
Moneys in the fund may be invested by the state treasurer in accordance with §
9-4-602
.
(e)
Notwithstanding any law to the contrary, interest accruing on investments and deposits of the fund shall be credited to such fund, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year.
(f)
Any balance in the fund remaining unexpended at the end of a fiscal year shall not revert to the general fund but shall be carried forward into the subsequent fiscal year.
Added by 2015 Tenn. Acts, ch. 525, s 1, eff. 10/1/2015.
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 3 - TIRE ENVIRONMENTAL ACT (§§ 68-211-301 — 68-211-305) › Section 68-211-305 - Tire environmental program - Program expenditures

(a)
The department of environment and conservation shall administer a tire environmental program with moneys available from the fund as appropriated by the general assembly.
(b)
The program expenditures may include:
(1)
Grants to develop and implement programs to provide direct incentives to local governments, for-profit entities, and nonprofit entities to enhance collection, transportation, and processing related to further encourage Tennessee end-markets for waste tires;
(2)
Grants, subsidies, or loans to encourage research, technologies, or processes for waste tire management, the use of tires as alternative fuels, or the use of tires in innovative infrastructure developments;
(3)
Creation of a database and operation of an interactive information clearinghouse;
(4)
Expenses of administering the tire environmental program; and
(5)
Market development services.
(c)
Program expenditures shall be reported to the office of legislative budget analysis and the chair of the transportation and safety committee of the senate, chair of the transportation committee of the house of representatives, and the chairs of the finance, ways and means committees of the senate and house of representatives on an annual basis.
Amended by 2020 Tenn. Acts, ch. 593, s 2, eff. 3/20/2020.
Added by 2015 Tenn. Acts, ch. 525, s 1, eff. 10/1/2015.
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 4 - GASIFICATION FACILITIES (§§ 68-211-401 — 68-211-402) › Section 68-211-401 - Part definitions

(a)
For the purposes of this part, unless the context otherwise requires:
(1)
"Gasification" means a process through which recoverable feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel;
(2)
"Gasification facility" means a manufacturing facility that is engaged solely in the storage and gasification of recoverable feedstocks for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities;
(3)
"Post-use polymer" means a plastic polymer that:
(A)
Is derived from any community, domestic, institutional, industrial, commercial, or other source of operations or activities and may contain incidental contaminants or impurities such as paper labels or metal rings but is not mixed with solid waste, medical waste, hazardous waste, e-waste, tires, or construction demolition debris; and
(B)
Has been diverted or removed from the solid waste stream for gasification by a gasification facility or pyrolysis by a pyrolysis facility;
(4)
"Pyrolysis" means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and then cooled, condensed, and converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel;
(5)
"Pyrolysis facility" means a manufacturing facility that is engaged solely in the storage and pyrolysis of post-use polymers for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities; and
(6)
"Recoverable feedstock" means:
(A)
Post-use polymers; and
(B)
A fuel or feedstock for which the environmental protection agency has made a non-waste determination pursuant to
40 CFR 241.3(c)
when it is used in gasification by a gasification facility and is not discarded or used in a manner constituting disposal.
(b)
Unless the context requires otherwise or this section defines a term differently, the definitions set forth in §§
68-211-103
and
68-211-802
and in any rules promulgated pursuant to this chapter, apply to terms used in this part.
Added by 2019 Tenn. Acts, ch. 181, s 1, eff. 4/23/2019.
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 4 - GASIFICATION FACILITIES (§§ 68-211-401 — 68-211-402) › Section 68-211-402 - Gasification facilities or pyrolysis facilities not solid waste processing facilities or incinerators

(a)
The following facilities are not solid waste processing facilities or incinerators:
(1)
Gasification facilities; and
(2)
Pyrolysis facilities.
(b)
The following materials are not solid waste:
(1)
Post-use polymers; and
(2)
Recoverable feedstocks.
(c)
This part does not affect the application of any other chapter in this title or in title 69 to gasification facilities or pyrolysis facilities.
Added by 2019 Tenn. Acts, ch. 181,s 1, eff. 4/23/2019.
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 5 - MUNICIPAL RESOURCE AND ENERGY RECOVERY FACILITIES (§§ 68-211-501 — 68-211-505) › Section 68-211-501 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Construction" means the erection, building, acquisition, alteration, reconstruction, improvement, or extension of energy recovery and/or energy recovery facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision of the construction of such facilities;
(2)
"Energy recovery facility" means a facility for the recovery of energy or energy producing materials from the controlled processing of solid waste and the production of energy from such solid waste and other materials, including coal, for a heating and cooling system and/or for the production of electricity and process steam;
(3)
"Municipal corporation" or "municipality" means any county, incorporated town or city, metropolitan government, or special district of this state, empowered to provide solid waste disposal services, or any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of such local governments; provided, that the jurisdiction, control and management of any facility as authorized herein may be delegated by the municipality to any of its appropriate agencies or divisions;
(4)
"Resource recovery facility" means a facility for the systematic separation and recovery of recyclable materials from solid waste and a processing of solid waste, sewage sludge, and other solids for fuel mixtures or fuel supplements; and
(5)
"Solid waste" means garbage, refuse, including, without limitations, recyclable materials when they become discarded, and other discarded solid waste materials, including waste materials of a solid nature resulting from industrial, commercial, and agricultural operations, and from community activities.
Acts 1974, ch. 787, § 1; 1975, ch. 158, § 1; T.C.A., § 53-4338; Acts 1983, ch. 226, § 5; 1987, ch. 250, § 10; T.C.A., § 68-31-501.
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 5 - MUNICIPAL RESOURCE AND ENERGY RECOVERY FACILITIES (§§ 68-211-501 — 68-211-505) › Section 68-211-502 - Powers of municipality

A municipality has the power to construct, purchase, improve, operate and maintain within its corporate limits, or within the limits of the county wherein it is located, an energy recovery facility or facilities and/or resource recovery facility or facilities for the production of energy from the energy recovery facility for heating or cooling, and/or the production of electricity or process steam and/or the production of fuel mixtures or fuel supplements and recovery of recyclable materials from solid waste and the sale of the fuel supplements, and recyclable materials. The construction of the facility shall include all necessary land, rights-of-way, easements, buildings and all other appurtenances usual to such plants, as well as the building of all necessary means of transportation, including pipelines for energy or fuel supplements, including obtaining all necessary rights of way or easements necessary thereto.
Acts 1974, ch. 787, § 2; 1975, ch. 158, § 2; T.C.A., §§ 53-4339, 68-31-502.
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 5 - MUNICIPAL RESOURCE AND ENERGY RECOVERY FACILITIES (§§ 68-211-501 — 68-211-505) › Section 68-211-503 - Rates charged by municipality - Right to enter into agreements

The municipality, for the production of any energy, shall charge the usual rates for such heating or cooling and may combine it with any other energy source produced. The municipality shall also have the right to enter into any agreements necessary for the sale of recyclable materials and sale of fuel mixtures and supplements including the right to pledge the revenue from the sale of such energy to pay bonds or loans issued under any bond legislation or any other state legislation permitting energy recovery facilities and resource recovery facilities.
Acts 1974, ch. 787, § 3; T.C.A., §§ 53-4340, 68-31-503.
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 5 - MUNICIPAL RESOURCE AND ENERGY RECOVERY FACILITIES (§§ 68-211-501 — 68-211-505) › Section 68-211-504 - Action of governing body by resolution

All action required or authorized to be taken under this part by the governing body of any municipal corporation or county may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption.
Acts 1974, ch. 787, § 4; T.C.A., §§ 53-4341, 68-31-504.
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 5 - MUNICIPAL RESOURCE AND ENERGY RECOVERY FACILITIES (§§ 68-211-501 — 68-211-505) › Section 68-211-505 - Provisions supplemental

This part shall be in addition and supplemental to any other law providing for energy recovery facilities and/or resource recovery facilities and shall not be deemed to amend or repeal any other law.
Acts 1974, ch. 787, § 5; T.C.A., §§ 53-4342, 68-31-505.
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 6 - TENNESSEE SOLID WASTE PLANNING AND RECOVERY ACT (§§ 68-211-601 — 68-211-608) › Section 68-211-601 - Short title

This part shall be known and may be cited as the "Tennessee Solid Waste Planning and Recovery Act."
Acts 1989, ch. 250, § 1; T.C.A., § 68-31-601.
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 6 - TENNESSEE SOLID WASTE PLANNING AND RECOVERY ACT (§§ 68-211-601 — 68-211-608) › Section 68-211-602 - Purpose

(a)
The general assembly finds that the public health, safety and welfare require comprehensive planning for the disposal of solid waste on a local, regional and state level. The general assembly further finds that whenever economically and technically feasible, solid waste should be reduced at the source or recycled, consistent with market demand for recyclable materials, to decrease the volume of waste which must be disposed of by incineration or landfilling.
(b)
The general assembly further finds that some areas of the state have inadequate and rapidly diminishing capacity for disposal of solid waste by landfilling. It is also becoming difficult for many local governments to site and pay for new landfills which comply with existing and proposed environmental regulations. Therefore, the removal of certain materials from the solid waste stream by mulching, composting, recycling, and waste-to-energy incineration (resource recovery) will substantially lessen our dependence on landfills as a means of disposing of solid waste, aid in the conservation and recovery of valuable resources, conserve energy in the process, increase the supply of reusable materials, and reduce substantially the required capacity of resource recovery facilities and contribute to their overall combustion efficiency, thereby resulting in significant cost savings in the planning, construction, and operation of these facilities.
(c)
The general assembly therefore declares that to protect the public health, safety and welfare from the short-term and long-term dangers of transportation, processing, treatment, storage and disposal of solid waste, it is advisable to develop a regional planning process to facilitate the safe and responsible disposal of such waste. The general assembly further declares that such planning should promote the use of private enterprise, whenever feasible, to accomplish the objectives of an effective, comprehensive solid waste management plan which will facilitate economic and industrial development through the improvement of the solid waste infrastructure.
Acts 1989, ch. 250, § 2; T.C.A., § 68-31-602.
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 6 - TENNESSEE SOLID WASTE PLANNING AND RECOVERY ACT (§§ 68-211-601 — 68-211-608) › Section 68-211-604 - Content of plans - Means of reducing solid wastes

(a)
The state plan shall establish goals for reduction of solid wastes which are disposed of by landfilling.
(b)
In order to attain such goals, each plan shall:
(1)
Identify needed facilities, services and programs (both for-profit and not-for-profit) for solid waste management and management of recycling at the regional level or multi-jurisdictional areas at the subregional level. Facilities, services, and programs to be considered shall include regional landfills or resource recovery facilities, or both, supported by coordinated regional services and programs of mulching, composting, recycling, or other methods of waste reduction;
(2)
Set forth plans and strategies for funding, implementation and operation of the various planned facilities, services, and programs;
(3)
Provide appropriate guidelines for development of recycling plans by municipalities and counties which are economically and technically feasible and which are consistent with market demand for recyclable material;
(4)
Provide municipalities and counties with strategies for funding their solid waste management plans; and
(5)
Provide for the use of any other method of waste reduction and any other waste reduction technology deemed appropriate by the local governments involved.
Acts 1989, ch. 250, § 4; T.C.A., § 68-31-604.
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 6 - TENNESSEE SOLID WASTE PLANNING AND RECOVERY ACT (§§ 68-211-601 — 68-211-608) › Section 68-211-605 - Development and distribution of guidelines

The commissioner, in consultation with the department of education and other state departments and agencies, shall develop guidelines for source separation and collection of recyclable materials and for waste reduction in all state departments and in primary and secondary schools, colleges and universities (whether the schools, colleges and universities are public or nonpublic). At a minimum, the guidelines shall address materials generated in administrative offices, classrooms, dormitories and cafeterias. The department shall distribute these guidelines and encourage their implementation.
Acts 1989, ch. 250, § 5; 1991, ch. 451, § 84; T.C.A., § 68-31-605; 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 6 - TENNESSEE SOLID WASTE PLANNING AND RECOVERY ACT (§§ 68-211-601 — 68-211-608) › Section 68-211-606 - Department of general services - Purchase of paper or paper products

(a)
The department of general services shall, to the fullest extent possible when contracting for paper or paper products, purchase or approve for purchase only such paper or paper products that are manufactured or produced from recycled paper as specified in subsection (b).
(b)
Subsection (a) shall be implemented by the department so that, of the total volume of paper purchased, recycled paper composes at least ten percent (10%) of the volume in 1990, at least twenty-five percent (25%) of the volume in 1992, and at least forty percent (40%) of the volume in 1994.
(c)
In the case of the purchase of newsprint and newsprint products, at least forty percent (40%) of the fiber contained in recycled newsprint shall be postconsumer newspaper waste.
(d)
This section shall not apply to the purchase of paper containers for food or beverages.
(e)
As used in this section, "postconsumer waste" includes any product generated by a business or consumer which has served its intended end use, and which has been separated from solid waste for the purposes of collection, recycling and disposition.
Acts 1989, ch. 250, § 6; T.C.A., § 68-31-606.
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 6 - TENNESSEE SOLID WASTE PLANNING AND RECOVERY ACT (§§ 68-211-601 — 68-211-608) › Section 68-211-607 - Department of transportation - Use of recyclable materials

The department of transportation shall seek alternative ways to use certain recyclable materials that are currently part of the solid waste stream and that contribute to problems of declining space in solid waste landfills.
Acts 1989, ch. 250, § 7; T.C.A., § 68-31-607.
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 6 - TENNESSEE SOLID WASTE PLANNING AND RECOVERY ACT (§§ 68-211-601 — 68-211-608) › Section 68-211-608 - Automobile batteries - Incineration or disposal - Lead - acid batteries - Trade - ins on retail sales

(a)
It is illegal for any incinerator or landfill in the state of Tennessee to accept automobile batteries for incineration or disposal.
(b)
(1)
When a retailer sells lead-acid batteries, the retailer shall accept used lead-acid batteries as trade-in batteries.
(2)
For the purposes of this subsection (b), "retailer" does not include a person who sells articles of personal property of which a lead-acid battery is a component part.
Acts 1989, ch. 250, § 8; 1991, ch. 451, § 37; T.C.A., § 68-31-608.
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 7 - LOCAL APPROVAL OF SOLID WASTE FACILITIES (§§ 68-211-701 — 68-211-708) › Section 68-211-701 - Required approval - Submission of proposal to accept waste that would change classification of landfill

(a)
No construction shall be initiated for any new landfill for solid waste disposal or for solid waste processing until the plans for such new landfill have been submitted to and approved by:
(1)
The county legislative body in which the proposed landfill is located, if such new construction is located in an unincorporated area;
(2)
Both the county legislative body and the governing body of the municipality in which the proposed landfill is located, if such new construction is located in an incorporated area; or
(3)
Both the county legislative body of the county in which such proposed landfill is located and the governing body of any municipality which is located within one (1) mile of such proposed landfill.
(b)
Prior to accepting any waste that would require a change in the classification of a landfill under rules promulgated pursuant to this chapter to a classification with higher standards including, but not limited to, changing the classification from a Class III or IV to a Class I or II or from a Class II to a Class I, the plans for which were approved pursuant to subsection (a), the landfill operator shall first submit the proposal to accept the waste to:
(1)
The county legislative body in which the landfill that is the subject of the proposed change in classification is located, if such landfill is located in an unincorporated area;
(2)
Both the county legislative body and the governing body of the municipality in which the landfill that is the subject of the proposed change in classification is located, if such landfill is located in an incorporated area; or
(3)
Both the county legislative body of the county in which the landfill that is the subject of the proposed change in classification is located and the governing body of any municipality which is located within one (1) mile of such landfill.
(c)
After submission to the county legislative body or municipality under subsection (b), the county legislative body or the municipality or both shall give public notice and an opportunity for public hearing on the proposal and then approve or disapprove it in accordance with §
68-211-704(a) and (b)
. Judicial review of the decision shall be available in accordance with §
68-211-704(c)
.
Amended by 2013 Tenn. Acts, ch. 342, s 1, eff. 5/13/2013.
Acts 1989, ch. 515, § 3; T.C.A., § 68-31-701; Acts 1995, ch. 5, § 1.
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 7 - LOCAL APPROVAL OF SOLID WASTE FACILITIES (§§ 68-211-701 — 68-211-708) › Section 68-211-702 - Meaning of landfill or landfilling

For purposes of this part, "landfill or landfilling" means any land used for disposal of solid waste by filling and covering.
Acts 1989, ch. 515, § 3; T.C.A., § 68-31-702.
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 7 - LOCAL APPROVAL OF SOLID WASTE FACILITIES (§§ 68-211-701 — 68-211-708) › Section 68-211-704 - Time limit for determination - Criteria considered

(a)
Within thirty (30) days after notice and an opportunity for a public hearing as provided in §
68-211-703
, the county legislative body, the municipal governing body or both such entities shall approve or disapprove the proposed new construction for solid waste disposal by landfilling or solid waste processing by landfilling.
(b)
The following criteria shall be considered in evaluating such construction:
(1)
The type of waste to be disposed of at the landfill;
(2)
The method of disposal to be used at the landfill;
(3)
The projected impact on surrounding areas from noise and odor created by the proposed landfill;
(4)
The projected impact on property values on surrounding areas created by the proposed landfill;
(5)
The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed landfill;
(6)
The economic impact on the county, city or both;
(7)
The compatibility with existing development or zoning plans; and
(8)
Any other factor which may affect the public health, safety or welfare.
(c)
Judicial review of the legislative body's determination shall be a de novo review before the chancery court for the county in which the landfill is proposed to be located.
Acts 1989, ch. 515, § 5; T.C.A., § 68-31-704.
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 7 - LOCAL APPROVAL OF SOLID WASTE FACILITIES (§§ 68-211-701 — 68-211-708) › Section 68-211-706 - Applicability - Private, municipal or county landfills

(a)
This part shall not apply to any private landfill that accepts solid waste solely generated by its owner if the waste is solely generated within the county subject to this part and if the private landfill does not accept county or municipal solid waste or ordinary household garbage.
(b)
This part shall not apply to any municipal or county owned and/or operated landfill.
Acts 1989, ch. 515, §§ 10, 12; T.C.A., § 68-31-706; Acts 2009, ch. 199, § 1.
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 7 - LOCAL APPROVAL OF SOLID WASTE FACILITIES (§§ 68-211-701 — 68-211-708) › Section 68-211-707 - Applicability - Requirement of local approval

(a)
Sections
68-211-701
- 68-211-704 and [former] 68-211-705 [repealed] and this section shall only apply in any county or municipality in which it is approved by a two-thirds (2/3) vote of the appropriate legislative body. Sections
68-211-701
- 68-211-704 and [former] 68-211-705 [repealed] and this section are for local review and approval and shall be conducted prior to issuance of a permit by the department of environment and conservation or the commissioner.
(b)
In any county or municipality in which §§
68-211-701
- 68-211-704 and this section have been approved by a two-thirds (2/3) vote of the appropriate legislative body prior to May 13, 2013, §
68-211-701(b)
shall only apply if it is approved by a two-thirds (2/3) vote of the appropriate legislative body.
(c)
Any county or municipality which has approved this part by a two-thirds (2/3) vote of the appropriate legislative body pursuant to subsection (a) shall have the authority to later reject this part by a two-thirds (2/3) vote of the appropriate legislative body. If the appropriate legislative body votes by two-thirds (2/3) to reject this part after having previously voted to approve this part, then this part shall no longer apply to such county or municipality.
Amended by 2013 Tenn. Acts, ch. 342, s 2, eff. 5/13/2013.
Acts 1989, ch. 515, § 7; T.C.A., § 68-31-707; Acts 1995, ch. 5, § 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 68-211-801 - Short title

This part shall be known and may be cited as the "Solid Waste Management Act of 1991."
Acts 1991, ch. 451, § 1; T.C.A., § 68-31-801.
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 68-211-803 - Public policy

(a)
It is declared to be the policy of this state, in furtherance of its responsibility to protect the public health, safety and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive, integrated, statewide program for solid waste management, which will assure that solid waste facilities, whether publicly or privately operated, do not adversely affect the health, safety and well-being of the public and do not degrade the quality of the environment by reason of their location, design, method of operation or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste.
(b)
It is further declared to be the policy of this state to educate and encourage generators and handlers of solid waste to reduce and minimize to the greatest extent possible the amount of solid waste which requires collection, treatment, incineration or disposal through source reduction, reuse, composting, recycling and other methods.
(c)
It is further declared to be the policy of this state to promote markets for, and engage in the purchase of, goods made from recovered materials and goods which are recyclable.
Acts 1991, ch. 451, § 3; T.C.A., § 68-31-803.
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 68-211-804 - Applicability

Unless specifically otherwise provided, this part does not apply to:
(1)
Hazardous waste, regulated pursuant to chapter 212 of this title, except household hazardous waste;
(2)
Infectious waste;
(3)
Radioactive waste; or
(4)
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.
Acts 1991, ch. 451, § 4; T.C.A., § 68-31-804.
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 68-211-805 - Liberal construction

This part is remedial in nature and shall be liberally construed to effect its purpose of providing for a systematic and efficient means of solid waste disposal and encouraging the best utilization and conservation of energy and natural resources.
Acts 1991, ch. 451, § 82; T.C.A., § 68-31-805.
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 68-211-806 - Research and development regarding using solid waste materials as raw materials to create jobs, business and compost

(a)
Tennessee State University and Middle Tennessee State University may research and develop methods to address how to use the materials in solid waste as raw materials to create jobs, business and compost.
(b)
Such research by the universities may include how to divert food waste and yard waste, which make up twenty-five percent (25%) of the waste stream, from landfills to create useful compost and clean methane gas.
(c)
Such methods and research may be made available to government agencies and others involved in solid waste reform. Such research and work shall be funded entirely from nonstate sources.
(d)
The universities will demonstrate the extent to which such reforms are cost effective. For example, that diversion of materials in solid waste as raw materials in business and compost creates jobs and profits.
Acts 2010 , ch. 698, § 1.