Tennessee § 68-211-103 - Part definitions.

§ 68-211-103. Part definitions.

As used in this part, unless the context otherwise requires: “Baled waste” means all waste that has been mechanically compacted to achieve high density per unit volume and strapped to retain its form as a bale. Not included is compaction which has occurred only in collection vehicles as an incidental part of the wastes collected from individual generators and stationary or self-contained compactors which compact waste but do not produce a strapped bale unit; “Board” means, unless otherwise indicated, the underground storage tanks and solid waste disposal control board created in § 68-211-111; “Commissioner” means the commissioner of environment and conservation or the commissioner's authorized representative; “Department” means the department of environment and conservation; “Health officer” means the director of a city, county, or district health department having jurisdiction over the community health in a specific area, or the director's authorized representative; “Person” means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government; “Registration” means a process by which a solid waste disposal or processing operation is granted a permit to operate. In this part, the words “registration” and “permit” are synonymous and may be used interchangeably; “Solid waste” means garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. Solid waste includes, without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal; “Solid waste” does not include: Solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, codified in 33 U.S.C. § 1342; Steel slag or mill scale that is an intended output or intended result of the use of an electric arc furnace to make steel; provided, that such steel slag or mill scale is sold and distributed in the stream of commerce for consumption, use, or further processing into another desired commodity and is managed as an item of commercial value in a controlled manner and not as a discarded material or in a manner constituting disposal; or Except to the extent inconsistent with applicable federal law, soil is not discarded material constituting waste as long as the soil is intended for use or reuse as soil; “Solid waste disposal” means the process of permanently or indefinitely placing, confining, compacting, or covering solid waste; and “Solid waste processing” means any process that modifies the characteristics or properties of solid waste, including, but not limited to, treatment, incineration, composting, separation, grinding, shredding, and volume reduction; provided, that it does not include the grinding or shredding of landscaping or land clearing wastes or unpainted, unstained, and untreated wood into mulch or other useful products. Acts 1969, ch. 295, § 3; 1975, ch. 109, § 1; 1980, ch. 662, § 1; 1980, ch. 899, § 1; T.C.A., § 53-4303; Acts 1983, ch. 226, § 4; 1991, ch. 451, § 6; T.C.A., § 68-31-103 ; Acts 2000, ch. 904, § 2; 2001, ch. 387, § 2; 2001, ch. 449, § 11; 2014, ch. 563, § 1; 2020, ch. 712, § 1. Compiler's Notes. Former title 68, ch. 31, parts 1-9 were transferred to title 68, ch. 211, parts 1-9, respectively, in 1992. See the parallel reference table in § 68-211-101 for the former and new section locations. The municipal solid waste advisory committee, created by § 68-211-841 , was terminated by Acts 2012, ch. 986, § 33, effective October 1, 2012, and its responsibilities were transferred to the underground storage tanks and solid waste disposal control board, created by § 69-211-111 . Amendments. The 2014 amendment, in the definition of “solid waste”, designated the former first sentence as (A), divided and designated the former last sentence as the present introductory language of (B) and (B)(i), and added (B)(ii). The 2020 amendment added (B)(iii) in the definition of “Solid waste”. Effective Dates. Acts 2014, ch. 563, § 2. March 21, 2014. Acts 2020, ch. 712, § 3. October 1, 2020. Attorney General Opinions. The Solid Waste Disposal Act does not authorize a fee for the grinding or shredding of unpainted, unstained, and untreated products, and therefore a fee on such activities would be inconsistent with that Act. OAG 13-81, 2013 Tenn. AG LEXIS 82 (10/22/13).