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 9 - SOLID WASTE AUTHORITY ACT OF 1991 (§§ 68-211-901 — 68-211-925) › Section 68-211-904 - Board of directors - Members - Compensation

(a)
A resolution, creating or amending the resolution creating an authority for a county or approving an agreement to create an authority with other counties or municipalities, shall provide for the establishment of a board of directors to administer the activities of the authority. The authority's board of directors may be the same board as that of the municipal solid waste region or it may be a separate board. If a board separate from that of the region is chosen, the board of directors shall consist of an odd number, not less than five (5) nor more than fifteen (15) members. Each county and municipality that is a member of an authority shall be represented by at least one (1) member on the board. The members of the board shall be appointed by the county mayors and municipal mayors of the participating counties and municipalities, respectively, whose appointments must be approved by the respective county or municipal governing bodies. The members of the board shall serve for terms of six (6) years or until their successors are elected and are qualified by taking an oath of office, except that the initial board shall have approximately one-third (1/3) of the members with terms of two (2) years and approximately one-third (1/3) of the members with terms of four (4) years, so as to stagger the terms of office.
(b)
Members of county and municipal governing bodies, county mayors, municipal mayors, county and municipal officers and department heads may serve as directors, but the board of directors is not required to include such members.
(c)
Directors may receive compensation if provided for by the resolution approved by all of the county and municipal governing bodies participating in the authority. The resolution establishing the compensation may differentiate between municipal and county officials and department heads so as to compensate only those directors who are not officials or employees of a municipal or county government, except for reimbursement for actual expenses.
Acts 1991, ch. 451, § 61; T.C.A., § 68-31-904; Acts 2003 , ch. 90, § 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 9 - SOLID WASTE AUTHORITY ACT OF 1991 (§§ 68-211-901 — 68-211-925) › Section 68-211-905 - Board of directors - Officers - Quorum - Vacancies - Removal of members

(a)
The directors shall meet and organize as a board and shall elect one (1) of its members as chair, one (1) as vice chair, one (1) as secretary and one (1) as treasurer, and such officers shall annually be elected thereafter in like manner. The duties of secretary and treasurer may be performed by the same director. In the absence of any of the chair, vice chair, secretary or treasurer, another member may be elected to fill the vacancy for the anticipated term thereof. Any action taken by the directors under this chapter may be authorized by resolution at any regular or special meeting, and such resolution shall take effect immediately and need not be published or posted. A majority of the board of directors shall constitute a quorum for the transaction of business. The concurring vote of a majority of all the directors shall be necessary for the exercise of any of the powers granted by this chapter.
(b)
Any vacancy on the board shall be filled for the unexpired term by the same governing body which filled the position becoming vacant. Any member appointed to the board may, for reasonable cause, be removed from such member's office in the same manner and by the same governing body as such member was appointed to the office; provided, that such removal shall be preceded by a full hearing before the remaining members of the board after adequate notice of such hearing, and a report of such hearing shall be forwarded to such appointing authority. "Reasonable cause" includes, but shall not be limited to, misconduct in office, failure to perform duties prescribed by this part, part 8 of this chapter or other applicable law, or failure to diligently pursue the objectives for which the authority was created.
Acts 1991, ch. 451, § 62; T.C.A., § 68-31-905.
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 68-211-907 - Exclusion or regulation of waste

To the extent that a region's plan permits, an authority may restrict access to its solid waste disposal facilities by excluding waste originating with persons or entities outside the region. An authority may regulate the flow of all municipal solid waste within the county or counties constituting the authority. The authority may require the disposal of any transported waste at a specific solid waste disposal facility.
Acts 1991, ch. 451, § 64; T.C.A., § 68-31-907.
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 68-211-908 - Power of condemnation

The authority is authorized and empowered to condemn in its own name any land, rights in land, easements or rights-of-way situated within the territorial limits of the authority which, in the judgment of the board of directors, are necessary for carrying out the purposes for which the authority is created, and such property or interest in such property may be so acquired, whether or not the same is owned or held for public use by persons having the power of eminent domain, or otherwise held or used for public purposes; provided, that such prior public use will not be interfered with by the use to which such property will be put by the authority. Such power of condemnation may be exercised in the manner prescribed by title 29, chapter 16, or in the manner prescribed by any other applicable statute for the exercise of the power of eminent domain.
Acts 1991, ch. 451, § 65; T.C.A., § 68-31-908.
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 68-211-909 - Counties and municipalities - Assignment or loan of employees and provision of facilities to authority

For the purpose of aiding and cooperating with an authority, any county or municipality with respect to which such authority is created may assign or loan any of its employees, including its engineering staff and facilities, and may provide necessary office space, equipment or other facilities for the use of such authority.
Acts 1991, ch. 451, § 66; T.C.A., § 68-31-909.
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 68-211-911 - Principal of and interest on bonds - Security - Guarantees

(a)
The principal of and interest on any bonds issued by the authority shall be secured by a pledge of such revenues and receipts out of which the same may be made payable. The proceedings under which the bonds are authorized to be issued may contain any agreements and provisions respecting the maintenance of the projects or other facilities covered thereby, the fixing and collection of rents, fees or payments with respect to any projects, facilities, or systems or portions thereof covered by such proceedings, the creation and maintenance of special funds from such revenues and from the proceeds of such bonds, and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with this part and part 8 of this chapter. To the extent provided in the proceedings authorizing any bonds of the authority, each pledge and agreement made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid, or adequate provision for the payment thereof shall have been made by the authority. In the event of default in such payment or in any agreements of the authority made as a part of the proceedings under which the bonds were issued, such payment or agreement may be enforced by suit, mandamus, or the appointment of a receiver in equity, or any one (1) or more of such remedies, all as provided in the proceedings under which the bonds are issued.
(b)
Any county or municipality that participates in the creation or organization of an authority may guarantee or otherwise secure the payment of bonds, notes or similar obligations of the authority by resolution of the county governing body or by municipal ordinance. Any county or municipality seeking to guarantee or secure the payment of a bond obligation of an authority may pledge any discretionary revenues and/or may pledge the full taxing powers of the county or municipality. Prior to any meeting of a county or municipal governing body considering action to guarantee or secure the payment of any bond, note or similar obligation of an authority, reasonable public notice shall be published describing the matter to be considered and containing an estimate of the dollar amount of any contingent liability that may be authorized. Any resolution or ordinance of a county or municipality approving of a guarantee or otherwise providing security for the payment of an authority's bonds, notes or similar obligations shall specify the officer or officers of the county or municipality authorized to execute documents necessary to implement the governing body's action.
Acts 1991, ch. 451, § 68; T.C.A., § 68-31-911.
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 68-211-912 - Counties and municipalities - Liability

No county or municipality shall be liable for the payment of the principal or interest on any bonds, notes or other instruments evidencing indebtedness of the authority except as provided in this part. Neither shall any county or municipality be liable for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority except as provided in this part.
Acts 1991, ch. 451, § 69; T.C.A., § 68-31-912.
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 68-211-913 - Revenues and income of authority - Directors and employees

No part of the revenues or income of the authority shall inure to the benefit of any director or employee of the authority except as expressly authorized by this part.
Acts 1991, ch. 451, § 70; T.C.A., § 68-31-913.
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 68-211-914 - Authority as public instrumentality - Exemption from taxation - Bonds deemed to be securities

(a)
The authority is declared to be performing a public function in behalf of each county or municipality with respect to which it is organized and to be a public instrumentality of such county, counties, municipality or municipalities. Accordingly, the authority and all properties at any time owned by it and the income therefrom and all bonds issued by it and the income therefrom shall be exempt from all taxation in the state of Tennessee.
(b)
For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state of Tennessee.
Acts 1991, ch. 451, § 71; T.C.A., § 68-31-914.
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 68-211-915 - Annual audit - Cost - Copies of audit available to public

Except as otherwise approved by the comptroller of the treasury, any authority created pursuant to this chapter has the power and shall cause to be made an annual audit of the accounts and records of the authority. The audit shall include all funds of the authority, whether held by the authority or pursuant to trust indentures. The comptroller of the treasury shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and determining if the audits meet minimum audit standards which shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until such audit has been approved by the comptroller of the treasury. The audits may be prepared by certified public accountants, public accountants or by the comptroller of the treasury. In the event the authority shall fail or refuse to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department of audit to prepare the audit. The cost of such audit shall be paid by the authority. All such audits shall be completed as soon as practicable after the end of the authority's fiscal year. One (1) copy of the audit shall be furnished to each member of the board of directors, the chief executive officer or officers of the county or counties with respect to which the authority has organized and the comptroller of the treasury. Copies of each audit shall also be made available to the public.
Acts 1991, ch. 451, § 72; T.C.A., § 68-31-915; Acts 2012, ch. 578, § 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 68-211-916 - Contracts with governmental entities authorized - Duration - Payments to authority - Funding

(a)
The state of Tennessee or any county or municipality within the solid waste region is authorized, whenever the same shall be found desirable by its governing body, to enter into contracts, agreements or other arrangements with the authority regarding any project, facility or service of the authority, including, without limitation, the collection, transfer, storage, transportation, processing or disposal of solid waste or the purchase, sale, lease or other disposition of energy, energy producing materials and other materials, commodities or properties of the authority. Any such contract or agreement may extend for any period not exceeding forty (40) years from the date thereof.
(b)
Any payments to be made to the authority pursuant to an agreement may be payable from general funds, to the extent permitted by law, or from such limited source as may be agreed upon between the authority and such entity, and in the case of payments to be made from general funds, the governing body of any municipality having the taxing power may provide for the levy and collection of a direct, annual tax sufficient to make such payments to the authority when the same become due. Such tax shall be assessed, levied, collected and paid in like manner as other taxes of such municipality and shall be in addition to all other taxes now or hereafter authorized to be levied by such municipality. Such tax shall not be included within any statutory or other limitation as to rate or amount for such municipality, but shall be excluded therefrom and be in addition thereto and in excess thereof.
(c)
The governing body of any municipality not having the taxing power shall, upon entering into an agreement with the authority, make adequate provision for the timely payment of all amounts to be paid to the authority.
(d)
No payments shall be construed to be an indebtedness of a municipality within the meaning of any constitutional or statutory provision.
Acts 1991, ch. 451, § 73; T.C.A., § 68-31-916.
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 68-211-917 - Powers of authorities cumulative - Powers of governmental entities

Neither this part nor anything herein contained shall be construed as a restriction or a limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of and supplemental to any such powers. No proceeding notice or approval shall be required with respect to the issuance of any bonds of the authority or any instrument as security therefor except as provided in this part, notwithstanding any law to the contrary; provided, that nothing herein shall be construed to deprive the state of Tennessee and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power of any official or agency of this state and its governmental subdivisions which may be otherwise provided by law.
Acts 1991, ch. 451, § 74; T.C.A., § 68-31-917.
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 68-211-918 - Counties and municipalities - Powers - Violation of ordinances or resolutions - Penalty - Injunctive relief

(a)
Any county or municipality with respect to which the authority was organized has all necessary powers in order to further the purposes of this part, including, without limitation, the power to:
(1)
Provide that any funds available to it for solid waste or resource recovery purposes shall be paid directly to the authority; and
(2)
Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing solid waste disposal or resource recovery facility or other related property, or grant easements, licenses or other rights or privileges therein to the authority.
(b)
The governing body of each county or municipality participating in the organization of the authority may appropriate general funds or unappropriated moneys from any other fund, to pay expenses of the authority or provide for the operation of any of the projects, facilities and systems authorized by this part, and each such governing body may levy a tax, in addition to all other taxes, upon all taxable property within the respective county or municipality, sufficient to pay such appropriation to the authority. Any such tax on property shall be collected in the same manner as other property taxes of the county or municipality are collected and, similarly, all laws for the enforcement of county and municipal tax liens shall apply.
(c)
Any person who willfully violates any of the ordinances or resolutions passed by any of the municipalities or any county or counties with respect to which the authority was organized or willfully fails, neglects or refuses to comply with such ordinances or resolutions commits a Class A misdemeanor. Each day of continued violation constitutes a separate offense.
(d)
In addition to the penalties provided herein, the municipalities and any county or counties with respect to which the authority was organized may enforce any ordinances, resolutions or contracts issued or entered into to carry out this section by instituting legal proceedings to enjoin the violation of this section, in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation of this section.
Acts 1991, ch. 451, § 75; T.C.A., § 68-31-918.
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 68-211-919 - Acquisition of project sites - Method - Authorization

Any county or municipality with respect to which the authority was organized may acquire a project site by gift, purchase, lease or condemnation, and may transfer any project site to the authority by sale, lease or gift. Such transfer may be authorized by a resolution of the governing body of such county or municipality without submission of the question to the voters, and without regard to the requirements, restrictions, limitations or other provisions contained in any other law.
Acts 1991, ch. 451, § 76; T.C.A., § 68-31-919.
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 68-211-920 - Contracts with solid waste authorities - Municipal corporations and counties - With taxing power - Without taxing power

(a)
Whenever, and as often as, a municipal corporation or county having taxing power enters into a contract with a solid waste authority or other contracting party under this part, the governing body of such municipal corporation or county shall provide by resolution for the levy and collection of a tax sufficient to pay when due the annual amount payable under such contract as and when it becomes due and payable, and to pay any expenses of maintaining and operating the project required to be paid by the municipal corporation or county under the terms of such contract or by instrument collateral thereto and, furthermore, to pledge such tax and the full faith and credit of the municipal corporation or county to such payments. Such tax shall be assessed, levied, collected and paid in like manner as other taxes of the municipal corporation or county. Such tax shall not be included within any statutory or other limitation of rate or amount for such municipal corporation or county, but shall be excluded therefrom and be in addition thereto and in excess thereof, notwithstanding and without regard to the prohibitions, restrictions or requirements of any other law, whether public or private. There shall be set aside from such tax levy into a special fund an amount sufficient for the payment of the annual amount due under any such contract, and the money in such fund shall be used exclusively for such purpose and shall not be used for any other purpose until such annual amount has been paid in full. The foregoing shall not be construed to limit the power of the authority or other contracting party to enter into contracts with a municipal corporation not having the power of taxation.
(b)
The governing body of any municipal corporation not having the power of taxation and the state of Tennessee shall, upon entering into a lease, loan agreement or sales contract with a public building authority or other contracting party, make adequate provision for the payment of the annual amount payable under the lease, loan agreement or sales contract.
Acts 1991, ch. 451, § 77; T.C.A., § 68-31-920.
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 68-211-921 - Execution of written instruments by authorities

Except as otherwise provided in this chapter, all leases, contracts, deeds of conveyance, or instruments in writing executed by the authority shall be executed in the name of the authority by the chair and secretary of the authority, or by such other officers as the board of directors, by resolution, may direct, and the seal of the authority shall be affixed thereto.
Acts 1991, ch. 451, § 78; T.C.A., § 68-31-921.
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 68-211-922 - Joint exercise of power by authorities

The powers herein conferred upon authorities created under this part may be exercised by two (2) or more such authorities acting jointly.
Acts 1991, ch. 451, § 79; T.C.A., § 68-31-922.
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 68-211-923 - Cumulative powers of authorities - Police powers of governmental entities - Projects

(a)
Neither this part nor anything herein contained shall be construed as a restriction or limitation upon any powers which an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers.
(b)
No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, notwithstanding any other law to the contrary; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.
(c)
Projects may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for such purposes, notwithstanding that any other general, special or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension of a like project, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law.
Acts 1991, ch. 451, § 80; T.C.A., § 68-31-923.
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 68-211-924 - Dissolution of authority - Procedure - Allocation of assets

An authority may be dissolved by a resolution approved by all county and municipal governmental bodies participating in the organization of the authority. A resolution to dissolve the authority shall contain adequate provisions to divide the assets and liabilities of the authority among the participating county and municipal governments in an equitable manner if the authority has assets in excess of liabilities. In the event that the authority has liabilities in excess of assets, the resolution of dissolution shall provide for the allocation of assets of the authority among the creditors of the authority by agreement between the creditors of the authority and the board of directors of the authority. In the event that such an agreement cannot be reached within ninety (90) days after the approval of the resolution to dissolve the insolvent authority, then the board of directors of the authority shall petition the chancery court for an equitable allocation of assets. The chancery court shall hear the cause and shall enter a decree for the allocation of the assets of the authority among the authority's creditors. After the final disposition of the assets of the authority, the board of directors of the authority shall notify, in writing, the governing bodies of the participating governments, the secretary of state, and the department of environment and conservation of these actions, whereupon the board of directors and the authority shall cease to exist.
Acts 1991, ch. 451, § 81; T.C.A., § 68-31-924; Acts 1996, ch. 846, § 47.
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 68-211-925 - 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., § 68-31-925.
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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1001 - Short title

This part shall be known and may be cited as the "Used Oil Collection Act of 1993."
Acts 1993, ch. 185, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1002 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Automotive fluid collection center" means a facility, including, without limitation, a fixed location, tank, truck, and container, that accepts used oil or any other automotive fluid from DIYers;
(2)
"Automotive oil" means any oil classified for use in an internal combustion engine, crankcase, transmission, gear box or differential for an automobile, bus or truck, lawnmower, or household power equipment;
(3)
"Department" means the department of environment and conservation;
(4)
"Distributor" means any person who engages in the business in this state of refining, manufacturing, producing, or compounding of automotive oil, and selling or storing the same in this state; and it also means any person who engages in the business in this state of transporting, importing, or causing to be imported, automotive oil into this state, and distributing, storing, or making original sales of the same in this state, for any purpose whatsoever;
(5)
"Do-It-Yourselfer (DIYer)" means an individual who removes used oil or any other automotive fluid from the engine of a light duty motor vehicle, small utility engine owned or operated by such individual, noncommercial motor vehicle or farm equipment;
(6)
"Fund" means the used oil collection fund created by this part;
(7)
"Oil for use with industrial machinery" is limited to any oil specifically purchased for and necessary for the operation of industrial machinery as defined in §
67-6-102
;
(8)
"Other automotive fluid" means antifreeze, transmission fluid, or power steering fluid;
(9)
"Recycle oil" means to prepare used oil for reuse as a petroleum product by reclaiming, reprocessing, energy recovery, re-refining or other means to utilize properly treated used oil as a substitute for petroleum products;
(10)
"Used oil" means any oil which has been refined from crude or synthetic oil and, as a result of use, becomes unsuitable for its original purpose due to loss of original properties, or presence of impurities, but which may be suitable for further use and may be economically recyclable. "Used oil" does not include oil filters; and
(11)
"Used oil collection center" means an automotive fluid collection center that accepts from DIYers only used oil or used oil in addition to other automotive fluids and that constitutes an approved centralized collection center for used oil.
Amended by 2016 Tenn. Acts, ch. 771, Secs.s 3, s 4 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 771, s 2, eff. 7/1/2016.
Acts 1993, ch. 185, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1003 - Legislative intent and purpose

(a)
It is the intent of the general assembly to reduce the amount of improperly disposed used oil and other automotive fluids by providing incentives to increase the number of collection facilities for used oil and other automotive fluids.
(b)
It is the purpose of this part to provide for:
(1)
The establishment and maintenance of automotive fluid collection centers and programs that support the collection and recycling of used oil and other automotive fluids;
(2)
The development of management standards for automotive fluid collection centers and used oil collection centers, transporters, and recyclers; and
(3)
The promotion of educational programs to encourage the public to dispose of used oil and other automotive fluids properly.
Amended by 2016 Tenn. Acts, ch. 771,s 5, eff. 7/1/2016.
Acts 1993, ch. 185, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1004 - Used oil collection fund

(a)
There is established a general fund reserve to be allocated by the general appropriations act which shall be known as the "used oil collection fund." 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 or 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. All fees, civil penalties, and fines collected pursuant to this part shall be deposited in the fund.
(b)
The department may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out its powers and duties under this part. Any such monetary gifts, grants or donations shall be deposited in the fund.
Acts 1993, ch. 185, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1006 - Fee on sales of automotive oil - Rules and regulations

(a)
There is levied on every distributor of automotive oil a two cent (2¢) per quart fee on the sale of automotive oil to fund the used oil collection fund.
(b)
The fee shall apply only to sales of automotive oil, as herein defined, in packaged form. The use of automotive oil by a distributor shall constitute a sale for the purposes of this section unless that use is exempted under other provisions of this part. It is the intention of this part that the fee shall be due only once on any given quantity of automotive oil.
(c)
The fee established in this part shall be collected by the department of revenue and deposited to the used oil collection fund. Of the funds received from this fee, for a period of three (3) years starting July 1, 2009, the state shall credit an amount not to exceed four hundred thousand dollars ($400,000) to the general fund annually, if the annual general appropriations act so provides, and the remainder shall be credited to the used oil collection fund. On July 1, 2012, and thereafter, all of the funds received from this fee shall be credited to the used oil collection fund.
(d)
The commissioner of revenue is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement, administer and enforce this section and §§
68-211-1007
- 68-211-1010.
Acts 1993, ch. 185, § 7; 2009 , ch. 531, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1007 - Exemptions from fees on sales of automotive oil - Certification

(a)
The fee on the sale of automotive oil shall not be imposed on automotive oil:
(1)
Exported from this state by a distributor, or sold by a distributor to a wholesaler or retailer who certifies to the distributor, in accordance with subsection (b), that the automotive oil will be exported from this state by the wholesaler or retailer, or resold to a user who will export the automotive oil from this state;
(2)
Sold by a distributor to a wholesaler, retailer, or user who certifies to the distributor, in accordance with subsection (b), that the oil is oil for use with industrial machinery.
(b)
The certification required in this section shall be in writing, and shall include an acknowledgement on the part of the person giving certification that such person shall be liable to the department of revenue for the fee imposed under §
68-211-1006
, if the automotive oil is not sold or used in an exempt manner. Where a wholesaler or retailer certifies that the automotive oil is exempt from the fee on the basis of a subsequent resale to a person who will export the automotive oil, or use the automotive oil for an exempt purpose, the wholesaler or retailer must also obtain a certification from the purchaser that the automotive oil will be exported or used for an exempt purpose.
(c)
Good faith acceptance of a certification by a distributor, wholesaler or retailer shall relieve the distributor, wholesaler or retailer from any liability to the department of revenue for the fee otherwise applicable under §
68-211-1006
. If a person certifies that the automotive oil will be sold or used in an exempt manner, and the automotive oil is subsequently resold or used in a manner that does not qualify as exempt, the person making the resale or putting the automotive oil to use shall be liable to the department of revenue for the fee.
Acts 1993, ch. 185, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1008 - Registration of automotive oil distributors

Each distributor shall register for each place of business with the commissioner of revenue upon forms prescribed and furnished by such commissioner.
Acts 1993, ch. 185, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1009 - Payment of fees - Returns

(a)
The fee imposed by this part shall be payable for quarterly periods as follows:
(1)
January 1 through March 31;
(2)
April 1 through June 30;
(3)
July 1 through September 30; and
(4)
October 1 through December 31.
(b)
It is the duty of all distributors of automotive oil on or before the twenty-fifth day of the month following the close of the periods set out above to transmit to the commissioner of revenue, upon forms prescribed and furnished by such commissioner, returns showing such information as such commissioner considers pertinent to the administration of this part. A separate return shall be filed for each separate location or business.
(c)
The return shall be accompanied by payment of all fees due.
(d)
Failure to file a return and/or pay the fee due under this part prior to the date provided by this section shall cause the fee to become delinquent and subject to interest and penalty as provided in title 67, chapter 1, part 8.
Acts 1993, ch. 185, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1010 - Deduction granted to distributors paying fees

For the purposes of compensating the distributor in accounting for and remitting the fee, a distributor shall be allowed a deduction of the fee due, reported and paid to the department of revenue in the amount of two percent (2%) of the amount due on the report, but such deduction shall be limited to fifty dollars ($50.00) per report. No deduction from the fee shall be allowed if any such report or payment of the fee is delinquent.
Acts 1993, ch. 185, § 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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1011 - Used oil collection centers

(a)
(1)
All used oil collection centers must meet management standards established by the department and must be attended during hours of operation of such centers. Used oil collection centers shall establish a maximum amount of used oil that such centers will accept from any person in any one (1) day. Such maximum shall be at least five gallons (5 gal.) but no more than ten gallons (10 gal.).
(2)
Used oil collection centers shall transfer used oil only to certified transporters and shall maintain records of all volumes of material collected on an annual basis, including the identity of the hauler and the name and location of the recycling facility to which such oil is transported.
(b)
Used oil shall not be listed as a hazardous waste or hazardous substance by this state or any subdivision of this state.
(c)
An automotive fluid collection center that accepts any other automotive fluid shall meet any management standards established by the department for other automotive fluids pursuant to §
68-211-1013(b)
.
Amended by 2016 Tenn. Acts, ch. 771, s 7, eff. 7/1/2016.
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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1012 - Administration and enforcement

(a)
The commissioner of environment and conservation shall administer and enforce this part.
(b)
The commissioner may:
(1)
Issue orders for correction to enforce this part and rules and regulations promulgated pursuant to this part in the manner specified in §
68-211-112
and such orders may be reviewed in the manner specified in §
68-211-113
;
(2)
Institute proceedings to enjoin violations of this part, rules and regulations promulgated pursuant to this part or orders issued pursuant to subdivision (b)(1) in the manner specified in §
68-211-115
; and
(3)
Assess civil penalties against any person who violates or fails to comply with this part or rules and regulations promulgated pursuant to this part in the manner specified in §
68-211-117
.
Acts 1993, ch. 185, § 13.
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 10 - USED OIL COLLECTION ACT OF 1993 (§§ 68-211-1001 — 68-211-1019) › Section 68-211-1013 - Development of management standard

(a)
The department shall develop management standards for used oil collection centers that require, as a minimum, that such centers:
(1)
Accept uncontaminated used oil from the general public in quantities up to five gallons (5 gal.), per person, per day;
(2)
Participate in the state toll-free telephone information system established by the department pursuant to §
68-211-1005
; and
(3)
Demonstrate that it complies with all state and federal regulations concerning tank structure and integrity, maintenance, supervision, employee training and housekeeping.
(b)
The department may develop management standards for the collection of other automotive fluids by automotive fluid collection centers if the department determines that the standards will promote the health and welfare of the public.
Amended by 2016 Tenn. Acts, ch. 771, s 9, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 771, s 8, eff. 7/1/2016.
Acts 1993, ch. 185, § 14.