§ 68-212-101. Short Title
This part shall be known and may be cited as the “Tennessee Hazardous Waste Management Act.”
§ 68-212-102. Public Policy
In order to protect the public health, safety and welfare, to prevent degradation of the environment, conserve natural resources and provide a coordinated statewide hazardous waste management program, it is declared to be the public policy of the state of Tennessee to regulate hazardous waste management to: Provide for safe storage, transportation, treatment and disposal […]
§ 68-212-103. Exemptions
Exempted from this part are: Hazardous wastes which are generated within a residence and are incident to the operation of that residence; and The following wastes generated within a farm and incident to the operation of that farm: Wastes from the growing and harvesting of agricultural crops or from the raising of animals (including animal […]
§ 68-212-104. Part Definitions
As used in this part, unless the context otherwise requires: “Board” means the underground storage tanks and solid waste disposal control board as established by § 68-211-111, unless otherwise indicated; “Commercial facility” means any hazardous waste management facility that stores, treats or disposes of hazardous waste generated off-site. However, a facility shall not be deemed […]
§ 68-212-105. Unlawful Acts. [See Contingent Amendment to Subdivision (1) and the Compiler’s notes.]
It is unlawful to: [Current version. See second version for contingent amendment and the Compiler’s Notes.] Place or deposit any hazardous waste into the waters of the state except in a manner approved by the department or the Tennessee board of water quality, oil and gas; [Contingent amendment. See the Compiler’s Notes.] Burn hazardous waste […]
§ 68-212-106. Criteria for Determining Hazardous Wastes — Notification Regarding Wastes Generated — Manifest Systems — Landfill Disposal Sites
The board shall establish criteria for determining if a substance is a hazardous waste and will prepare a list of wastes which are considered hazardous in order to aid in determining the generators of hazardous waste in the state. However, such list shall not limit the regulatory authority over substances which meet established criteria for […]
§ 68-212-107. Powers and Duties of Commissioner, Department, and Board
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 […]
§ 68-212-108. Permits — Bond — Terminated Facilities — Perpetual Care Trust Fund — Hazardous Waste Trust Fund
No person shall construct, substantially alter, or own or operate a hazardous waste treatment, storage, or disposal facility, nor shall any person treat, store, or dispose of a hazardous waste, nor shall any hazardous waste transporter receive a hazardous waste from, or deliver a hazardous waste to, any location in the state, without first obtaining […]
§ 68-212-109. Confidentiality
The board shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is not revealed to any person without the consent of the person supplying such information. Proprietary information does not include the name and address of permit applicants. Proprietary information may be […]
§ 68-212-110. Fees — Consequences of Failure to Pay
The board shall establish a schedule of fees for hazardous waste generators, hazardous waste transporters, operators of hazardous waste transfer facilities; applicants and holders of permits for the storage, reclamation, treatment or disposal of hazardous waste; and for the generation, storage, transportation, reclamation or treatment of those hazardous secondary materials that, if discarded, would be […]
§ 68-212-111. Order for Correction of Deficiencies
When the commissioner finds upon investigation that any provisions of this part are not being carried out, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or shall be […]
§ 68-212-112. [reserved.]
Any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person’s objections and asking for a hearing in the matter involved before the board. Any such order shall […]
§ 68-212-114. Violations — Civil and Criminal Penalties
Any person violating any provision of this part, or failing, neglecting or refusing to comply with any order, or any term or condition of any permit, issued by the commissioner or board, commits a Class A misdemeanor. Each day upon which a violation occurs constitutes a separate punishable offense. Any person who knowingly disposes of […]
§ 68-212-115. Injunctions
In addition to the penalties provided elsewhere in this part, the commissioner may cause the enforcement of any orders, permits, rules or regulations issued by the commissioner or the board to carry out this part by instituting legal proceedings to enjoin the actual or threatened violations of this part, and the orders, permits, rules or […]
§ 68-212-116. [reserved.]
Any person may file with the commissioner or board a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner or board determines that such complaint is duplicitous or frivolous, the commissioner or board shall immediately serve a copy of it upon the person or persons named therein, promptly investigate […]
§ 68-212-118. Reports Evaluating Regulatory Program
Annually, no later than December 1, the board and the commissioner shall submit a written report to the speakers of both houses of the general assembly evaluating all aspects of the performance of the hazardous waste regulatory program during the prior calendar year. The annual report must include, but not necessarily be limited to, the […]
§ 68-212-119. Interstate Agreements — Governor’s Authority
Subject to any necessary appropriation by the general assembly, the governor is authorized to enter into one (1) or more interstate agreements governing the import and export of hazardous waste between this state and other states as may be required by the Comprehensive Environmental Response, Compensation and Liability Act, § 104(c)(9), which is codified in […]
§ 68-212-120. No Permits for Landfills Violating § 11-13-111
No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate § 11-13-111.
§ 68-212-121. Employer’s Liability for Employee’s Motor Vehicle Accidents Involving Hazardous Wastes or Substances
If any person who is driving on a Tennessee road, highway, interstate or other thoroughfare or rightfully in physical control of any motor vehicle containing a hazardous waste or hazardous substance as defined in § 68-131-102 is adjudicated to have been at fault in a court of competent jurisdiction for an accident resulting in a […]