Tennessee § 68-211-802 - Part definitions.

§ 68-211-802. Part definitions.

As used in this part, unless the context otherwise requires: “Authority” or “solid waste authority” means any public instrumentality organized pursuant to part 9 of this chapter; “Board” means a board, established to manage the affairs of a municipal solid waste management region, except in §§ 68-211-119 — 68-211-121, 68-211-852 [repealed], 68-211-853, 68-211-867 and 68-211-871 where “board” means the underground storage tanks and solid waste disposal control board created in § 68-211-111; “Commissioner” means the commissioner of environment and conservation; “Convenience center” means any area which is staffed and fenced that has waste receptacles on site that are open to the public, when an attendant is present, to receive household waste, municipal solid waste and recyclable materials; “Department” means the department of environment and conservation; “Development district” means a development district organized pursuant to title 13, chapter 14; “Household hazardous waste” means solid wastes discarded from homes or similar sources as listed in 40 CFR 261.4(b)(1), that are either hazardous wastes as listed by the EPA in 40 CFR 261.33(e) or (f), or wastes that exhibit any of the following characteristics as defined in 40 CFR 261.21 — 261.24: ignitability, corrosivity, reactivity and TCLP toxicity; “Household waste” means any waste material, including garbage, trash and refuse, and yard waste derived from households. Households include single and multiple residences, campgrounds, picnic grounds and day-use recreation areas; “Landfill” means a facility, permitted pursuant to part 1 of this chapter, where solid wastes are disposed of by burial in excavated pits or trenches or by placement on land and covering with soil or other approved material; “Municipal solid waste” means any garbage, refuse, industrial lunchroom or office waste, household waste, household hazardous waste, yard waste, and any other material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities; provided, that “municipal solid waste” does not include the following: Radioactive waste; Hazardous waste as defined in § 68-212-104; Infectious waste; Materials that are being transported to a facility for reprocessing or reuse; provided further, that reprocessing or reuse does not include incineration or placement in a landfill; and Industrial waste which may include office, domestic or cafeteria waste, managed in a privately owned solid waste disposal system or resource recovery facility, if such waste is generated solely by the owner of the solid waste disposal system or resource recovery facility; “Operator” means the person who is in charge of the actual, on-site operation of a solid waste management facility during any period of operation; “Person” means “person” as defined in § 68-211-103; “Recovered materials” means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation processing. Such recovered materials are not solid waste; “Recovered materials processing facility” means a facility engaged solely in the storage, processing and resale or reuse of recovered materials. A recovered materials processing facility is not a solid waste processing facility; “Recyclable materials” means those materials which are capable of being reused or returned to use in the form of raw materials or products, whether or not such materials have been diverted or removed from the solid waste stream; “Recycling” means the process by which recovered materials are transformed into new products, including the collection, separation, processing, and reuse of recovered materials either directly or as raw materials for the manufacture of new products; “Region” means a municipal solid waste region organized pursuant to § 68-211-813(a); “Shredded” means shredded, chipped, chopped, quartered, sliced at least circumferentially, or otherwise processed and rendered not whole in a manner to effectively prevent a tire from floating, as determined by the board; “Solid waste stream” means the system through which solid waste and recoverable materials move from the point of discard to recovery or disposal; “Tire” means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle; “Transporter” means a person engaged in the transportation of municipal solid waste collected or to be baled or processed, or disposed of in Tennessee by rail, highway or water, in significant amounts. The amounts deemed significant shall be determined by the board and established by regulation; “Used oil” means any oil which has been refined from crude or synthetic, or recovered oil and, as a result of use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and may be economically recycled or may be burned as fuel; “Waste tire” means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect; and “Yard waste” means vegetative matter resulting from landscaping, lawn maintenance and land clearing operations other than mining, agricultural and forestry operations. Unless the context requires otherwise or this section defines a term differently, the definitions set forth in §§ 68-211-103, 68-212-104 and 68-212-303, and in any regulations promulgated pursuant to this chapter and chapter 212 of this title, apply to terms used in this part. Acts 1991, ch. 451, § 2; T.C.A., § 68-31-802 ; Acts 1995, ch. 501, § 3; 1996, ch. 846, §§ 3-8, 53; 1997, ch. 221, § 1; 2014, ch. 849, § 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. Former 68-211-852, referred to in this section, was repealed in 1999. 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 added the definition of “shredded” in (a). Effective Dates. Acts 2014, ch. 849, § 2. July 1, 2014. Attorney General Opinions. The definition of “municipal solid waste” in T.C.A. § 68-211-802 includes “construction/demolition wastes” as defined by Tenn. Comp. R. & Regs. 0400-11-01-.01(2). OAG 12-97, 2012 Tenn. AG LEXIS 98 (10/18/12). A county or municipality does not have the authority under the Solid Waste Management Act of 1991 to impose a tipping fee or solid waste disposal fee on recycling processes because the tipping fee and solid waste disposal fee are intended only for solid waste disposed at a facility. OAG 13-81, 2013 Tenn. AG LEXIS 82 (10/22/13). Cited: Horton v. Carroll County, 968 S.W.2d 841, 1997 Tenn. App. LEXIS 628 (Tenn. Ct. App. 1997).