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 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 1 - TENNESSEE HAZARDOUS WASTE MANAGEMENT ACT OF 1977 (§§ 68-212-101 — 68-212-121) › Section 68-212-107 - Powers and duties of commissioner, department, and board

(a)
The commissioner shall exercise general supervision over the construction, operation, maintenance, closure, and where applicable, post-closure care of hazardous waste storage facilities, treatment facilities, and disposal facilities throughout the state. Such general supervision shall apply to all features of construction, operation, maintenance, closure, and, where applicable, post-closure care of such facilities which do or may affect the public health and safety or the quality of the environment, and which do or may affect the proper storage, treatment, or disposal of hazardous wastes.
(b)
For the purpose of developing or enforcing any rule or regulation authorized by this part, or enforcing any requirement of this part or order issued by the commissioner or board pursuant to this part, the commissioner is authorized to at any reasonable time:
(1)
Enter any place where wastes (which the commissioner has reason to believe may be hazardous) are, may be, or may have been generated, stored, transported, treated, disposed of, or otherwise handled;
(2)
Inspect and obtain samples of any waste (which the commissioner has reason to believe may be hazardous), samples of any containers or labeling for such wastes, and samples of ambient air, surface waters, and ground waters at the facility or site; and
(3)
Inspect and copy any records, reports, test results, or other information relating to the purposes of this part.
(c)
The board is authorized to request the commissioner or the commissioner's representatives to investigate, inspect and obtain samples from hazardous waste storage, treatment, or disposal facilities throughout the state.
(d)
The board is empowered to promulgate and adopt, in accordance with the rulemaking requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules and regulations as are required elsewhere in this part or are otherwise necessary or desirable to implement this part. Such rules and regulations shall include, but shall not necessarily be limited to:
(1)
Regulations setting out the criteria, lists, and any other necessary mechanisms for the determination of whether any substance is a hazardous waste for the purposes of this part;
(2)
Regulations providing procedures and requirements for the use of a manifest during the transportation of hazardous waste;
(3)
Regulations providing requirements for the location, design, construction, operation, maintenance, closure, and, where appropriate, post-closure care of hazardous waste treatment, storage, and disposal facilities as may be necessary or desirable for the safe storage, treatment, and disposal of hazardous wastes in the state;
(4)
Regulations providing appropriate requirements (including joint and several liability for owners and operators and submission of plans and specifications) and procedures governing application for issuance, renewal, modification, suspension, revocation, or denial of permits for hazardous waste treatment, storage, and disposal facilities; which requirements and procedures shall be consistent with the Uniform Administrative Procedures Act, and shall include provisions for public notice and comment and an opportunity for a public hearing prior to permit determinations;
(5)
Regulations providing requirements for the transportation, containerization, and labeling of hazardous waste which shall be consistent with those issued by the United States department of transportation and the Tennessee department of safety, to include requirements and procedures governing application for and issuance, renewal, modification, suspension, renovation or denial of permits for hazardous waste transporters;
(6)
Regulations providing requirements and procedures for notification by generators of hazardous waste and for the establishment, maintenance, and reporting of other information as necessary or desirable to achieve the purposes of this part;
(7)
Regulations providing for the assessment and collection of fees as provided in §
68-212-110
;
(8)
Regulations establishing a schedule of administrative penalty amounts as provided in §
68-212-114(c)
;
(9)
Regulations which prohibit the land disposal of certain hazardous wastes if the board determines that such a prohibition is required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account:
(A)
The long-term uncertainties associated with land disposal;
(B)
The goal of managing hazardous waste in an appropriate manner in the first instance; and
(C)
The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents;
(10)
(A)
Regulations which shall establish conditions or criteria for the siting of commercial hazardous waste storage, treatment, and disposal facilities in this state. No permit may be issued for a proposed facility that does not conform to the conditions and criteria of those regulations. These conditions or criteria shall consider the differences between storage, treatment, and disposal facilities, and shall address, but not be limited to, the following:
(i)
Siting in floodplains, wetlands, seismic risk zones, and in areas underlaid by mature karst formations;
(ii)
Depth to groundwater and seasonal high water tables;
(iii)
Distances from public and private drinking water supplies;
(iv)
Distances from occupied dwellings including, but not limited to, private residences, public schools and other buildings, and commercial buildings, and buildings not associated with the facility;
(v)
Distances from scenic, cultural and recreational areas;
(vi)
The adequacy of the transportation routes to accommodate any increased traffic;
(vii)
The adequacy of the emergency response capabilities; and
(viii)
The economic impacts on the local community and the surrounding communities.
(B)
Regulations adopted pursuant to this subsection (d) shall not apply to any facility or site currently operating under authorization of the commissioner or to any facility permitted by the commissioner prior to adoption of such regulations; and
(11)
Regulations implementing the distance restrictions established by §
68-212-105(6)
.
(e)
The board is empowered and authorized to act as the board of appeals to review actions of the commissioner arising from the implementation of this part in accordance with §
68-212-113
. For the purposes of this part, eight (8) members constitute a quorum, and a quorum may act for the board in all matters.
(f)
The provisions of title 13, chapter 18, regarding major energy projects, as defined in §
13-18-102
do not apply to this part.
Amended by 2015 Tenn. Acts, ch. 292, s 10, eff. 7/1/2015.
Acts 1977, ch. 175, § 6; 1979, ch. 410, § 5; 1980, ch. 899, § 10; 1981, ch. 131, § 34; 1981, ch. 174, §§ 10-14; T.C.A., § 53-6307; Acts 1984, ch. 577, § 5; 1986, ch. 644, § 5; 1989, ch. 552, § 5; T.C.A., § 68-46-107; Acts 1995, ch. 305, § 132; 1996, ch. 1033, §§ 1, 2; 1998, ch. 1089, § 2.