Tennessee § 68-211-701 - Required approval — Submission of proposal to accept waste that would change classification of landfill.

§ 68-211-701. Required approval — Submission of proposal to accept waste that would change classification of landfill.

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: The county legislative body in which the proposed landfill is located, if such new construction is located in an unincorporated area; 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 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. 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: 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; 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 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. 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). Acts 1989, ch. 515, § 3; T.C.A., § 68-31-701 ; Acts 1995, ch. 5, § 1; 2013, ch. 342, § 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. Amendments. The 2013 amendment added (b) and (c). Effective Dates. Acts 2013, ch. 342, § 3. May 13, 2013. Attorney General Opinions. Local government approval of solid waste landfills — T.C.A. §§ 68-213-101 to 68-213-106 and T.C.A. §§ 68-211-701 to 68-211-708 — Prevailing law — Constitutionality, OAG 93-27 (4/1/93). Application of solid waste facilities local approval law to Class IV landfill, OAG 96-074 (4/19/96). Applicability of local approval provisions to coal ash fill areas, OAG 98-0136 (8/6/98). Special legislation extending county's authority over disposal of solid waste would contravene state laws and would be unconstitutional as invalid class legislation, OAG 09-012 (2/5/09). Cited: Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999); Brundage v. Cumberland County, 357 S.W.3d 361, 2011 Tenn. LEXIS 1153 (Tenn. Dec. 19, 2011).