(a)

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 68-212-106

  • Board: means the underground storage tanks and solid waste disposal control board as established by §. See Tennessee Code 68-212-104
  • Commissioner: means the commissioner of environment and conservation, the commissioner's authorized representatives, or, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-212-104
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of environment and conservation. See Tennessee Code 68-212-104
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, water or air so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Tennessee Code 68-212-104
  • Facility: means all contiguous land, and structures, other appurtenances and improvements on the land, used for treating, storing, or disposing of hazardous waste. See Tennessee Code 68-212-104
  • Hazardous waste: means waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
    (A) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness. See Tennessee Code 68-212-104
  • Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage. See Tennessee Code 68-212-104
  • Off-site: means any property that is not classified as on-site by subdivision (12). See Tennessee Code 68-212-104
  • Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, and governmental agency of this state and any department, agency, or instrumentality of the executive, legislative and judicial branches of the federal government. See Tennessee Code 68-212-104
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means the state of Tennessee. See Tennessee Code 68-212-104
  • Storage: means the containment of hazardous waste in such a manner as not to constitute disposal of such hazardous waste. See Tennessee Code 68-212-104
  • Treatment: includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. See Tennessee Code 68-212-104
  • Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under §. See Tennessee Code 68-212-104
  • Waste management: means the orderly control of storage, transportation, treatment, and disposal of hazardous waste. See Tennessee Code 68-212-104
(1) 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 a hazardous waste.
(2) Any person who is generating a waste which is considered hazardous by the established criteria or list shall notify the department in writing of the quantities and composition of wastes generated and the method by which such person intends to store, treat or dispose of such wastes.
(3) All generators, transporters, and owners and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system to assure that such hazardous waste transported off-site is stored, treated, or disposed of in storage, treatment, or disposal facilities in compliance with regulations promulgated pursuant to this part.
(b)

(1) The commissioner shall notify the register of deeds in each county in which a landfill disposal facility or site is located and currently being used for landfilling of hazardous waste of the precise location of such facility or site. Such notice shall include the following:

(A) The name of the person who owns the property upon which the disposal facility or site is located;
(B) The book and page number in which the deed to such property is recorded; and
(C) The hazardous wastes which are disposed of on such property.
(2) The commissioner is authorized to require any person owning or operating a landfill disposal facility or site to provide such information prior to landfilling on such facility or site.
(3) As used in this section:

(A) “Landfill disposal facility or site” includes any settlement pond or lagoon which is not regulated by the division of water quality control and also includes open dumping; and
(B) “Open dumping” means the depositing of solid wastes into a body or stream of water or onto the surface of the ground without compacting the wastes and covering with suitable material as prescribed in the regulations of the department.
(4) This subsection (b) is to be administered by the division of solid and hazardous waste management.
  Previous section
Next section  
 Part 1 Contents