The goal of the state is to reduce by twenty-five percent
(25%) the amount of solid waste disposed of at the municipal solid waste
disposal facilities and incinerators, as measured on a per capita basis within
Tennessee by weight. The goal shall also apply to each municipal solid waste
region, but does not apply to individual disposal facilities or incinerators.
Individual disposal facilities or incinerators are used only as measurement
locations for assessing the achievement of a region's waste reduction efforts.
As an alternative to calculating the waste reduction goal on a per capita
basis, regions shall have the option of calculating the goal on an economic
growth basis using the method prescribed by the Department and approved by the
Underground Storage Tanks and Solid Waste Disposal Control Board.
(a) The goal of the state is to reduce by
twenty-five percent (25%) the amount of solid waste disposed of at municipal
solid waste disposal facilities and incinerators by December 31, 2003, as
measured on a per capita basis within Tennessee by weight. The goal shall also
apply to each municipal solid waste region; but does not apply to individual
disposal facilities or incinerators. Individual disposal facilities or
incinerators are used only as measurement locations for assessing the
achievement of a region's waste reduction efforts. As an alternative to
calculating the waste reduction goal on a per capita basis, regions shall have
the option of calculating the goal on an economic growth basis using the method
prescribed by the Department and approved by the Municipal Solid Waste Advisory
The Department may
consider a variety of options that a region shall take into account in meeting
the twenty-five percent (25%) goal. As used in this rule, 0400-11-01-.09,
"municipal solid waste" (MSW) 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 which
are required to be disposed of in a Class I landfill, as defined in regulations
adopted pursuant to T.C.A. Title 68, Chapter 211; provided, that "municipal
solid waste" does not include the following:
1. Radioactive waste;
2. Hazardous waste as defined in T.C.A.
3. Infectious wastes;
4. 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
5. 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
Municipal Solid Waste Management Plan. The Department shall prepare a statewide
solid waste plan to be used as guidance in achieving the statewide waste
reduction goal. This plan shall be reviewed and, if needed, updated every five
(5) years to account for any new available technologies.
1. The plan shall identify current preferred
waste reduction and recycling practices to assist the State and the solid waste
regions to effectuate their solid waste plans.
2. Best Management Practices. The Department
shall prepare waste reduction and recycling best management practices based on
the state solid waste plan that local governments will implement as needed in
sum or in part to attain the statewide goal.
3. Preferred Waste Reduction Options. The
Department shall, based on the most current statewide solid waste plan, prepare
preferred options of waste reduction methodologies. These options shall be
considered for determining qualitative equivalence in regional and local
government solid waste programs.
Waste Reduction Methods. The following
restrictions and guidance shall be used to evaluate waste reduction
methodologies implemented by local governments and their programs.
1. Landfill Bans. Local governments are best
suited to design, implement, and manage landfill bans and material redirection
at the point of collection, due to the dynamic nature of solid waste, waste
streams, and its infrastructure, the variety and availability of local markets,
local geography and topography.
Class III and Class IV materials. Materials received at a Class III or Class IV
landfill are not considered as waste reduction unless the materials are
recycled or used for other approved beneficial use activities.
3. Composting of "municipal solid waste."
Only the portion of composted municipal solid waste that is sold or
beneficially used may be counted as waste reduction towards the goal.
4. Mulching of "municipal solid waste." Only
the portion of mulch made from municipal solid waste that is sold or
beneficially used may be counted as waste reduction towards goal.
Recycling. Recycling constitutes a method
of waste reduction so long as the recovered materials are marketed for
recycling, or are stored for recycling at a solid waste management facility and
at least seventy-five percent (75%) of the stored material must be marketed
within the succeeding twelve (12) months. The following processes shall not be
considered as marketing of recyclable materials nor counted toward the goal:
(i) Collection or material handling in
preparation for buyers pending market sales.
(ii) Storage of unprocessed or processed
materials. Unprocessed municipal solid waste is not considered as being
recyclable pending market.
6. Source Reduction of "municipal solid
waste." Process modifications, feedstock substitutions or improvements, various
housekeeping and management practices, and increases in the efficiency of
machinery that decrease the overall amounts of residual materials affect the
amount of materials destined for final disposal. As source reduction increases,
the disposal amount should reflect a proportional decrease.
Energy recovery and production. Materials
redirected for energy recovery and production shall be considered waste
To calculate the tons of waste
reduction the following formula shall apply:
Ti - To
Ti = tons of municipal solid waste
material input into the energy recovery system;
To = tons of residual material
output from the energy recovery system sent for disposal; and
Td = tons diverted for energy
incinerated where the primary purpose is not energy recovery is not considered
from wood wastes reduced in a pit burner or air curtain destructor are not
considered waste reduction unless diverted from disposal or otherwise
beneficially used in accordance with the Department's beneficial use
8. Problem waste
diversion. The diversion of waste tires, used oil, lead-acid batteries, paints
and other problem waste, as determined and identified by the Department, from a
Class I disposal facility for recycling constitutes waste reduction.
9. The Department shall evaluate new
technologies, as they are presented to the Department, to determine their
applicability towards waste reduction efforts for the regions in meeting the
(a) The Department shall develop a
comprehensive integrated municipal solid waste management plan, hereafter the
Plan, for the State based on component requirements in T.C.A. §
68-211-815 that will serve as a
master plan for the State and its local governments in the management of
statewide integrated solid waste systems. The plan shall be reviewed every five
(5) years and, if needed, updated accordingly based on available new
technologies, resources, stakeholders, etc.
The Plan shall be divided into the
following major sections. These sections shall provide and describe in detail
how the Plan shall be implemented:
Infrastructure, Demographic and Geological Overview
2. Solid Waste Plan
3. Waste Reduction Plan
4. Disaster Debris Management Plan
5. Outreach and Education Plan
6. Funding, Responsibilities, and
At a minimum, each plan and revised plan submitted by a municipal solid waste
region shall include the following:
current system analysis of:
(i) Waste streams,
including data concerning types and amounts generated;
(ii) Collection capability, including data
detailing the different types of collection systems and the populations and
areas which receive and do not receive such services;
(iii) Disposal capability, including an
analysis of the remaining life expectancy of landfills or other disposal
(iv) Costs, using a
full-cost accounting model developed by the commissioner, including costs of
collection, disposal, maintenance, contracts and other costs; and
(v) Revenues, including cost reimbursement
fees, appropriations and other revenue sources;
3. Adoption of the uniform financial
accounting system required by T.C.A. §
4. Anticipated growth trends for the next
waste capacity needs;
capacity assurance, including descriptions of planned or needed
7. A recycling plan,
including a description of current public and private recycling efforts and
planned efforts to enhance recycling within the county or region;
8. A plan for the disposal of household
9. Adoption of
uniform reporting requirements as required by this part;
10. A description of waste reduction and
recycling activities designed to attain the goal required by T.C.A. §
11. A description of education initiatives
aimed at businesses, industries, schools, citizens and others, which addresses
recycling, waste reduction, collection and other goals of this part;
12. An evaluation of multi-county solid waste
disposal region options with an explanation of the reasons for adopting or
failing to adopt a multi-county regional approach;
13. A timetable for implementation of the
14. A description of the
responsibilities of the various participating jurisdictions;
15. A certification from the region's title
68, chapter 211, part 9 solid waste authority, if such an authority has been
formed, or if no such authority has been formed, the county legislative body of
each county in the region, that they have reviewed and approved of the region's
plan and/or revised plan;
plan for managing solid waste generated as a result of disasters or emergencies
based, in part, upon the FEMA 325 Public Assistance Program; and
17. Any other information as the Commissioner
may deem relevant to the implementation of this part.
(d) Each county shall develop a comprehensive
integrative municipal solid waste management plan in accordance with and
consistent with the Plan noted in this rule. This plan shall be designed based
upon all resources within the county.
(e) Each municipal solid waste region shall
compile and develop a comprehensive integrated municipal solid waste management
plan in accordance with and consistent with the Plan noted in this rule and
from the county plans within the region.
(f) Municipalities may elect to develop an
integrated municipal solid waste management plan provided that they meet the
same requirements as the county as described by this rule.
(g) When the State approves and sets a new
municipal solid waste goal to implement the goal, each local government and
region with an integrated municipal solid waste management plan developed under
this rule shall develop and submit a plan update in the format and methodology
described by the Department. These local governments and regions shall be given
a minimum of two (2) years to prepare major updates for their plan.
(h) All local governments and the municipal
solid waste regions developing plans under this rule must submit such plans to
the Department for review and approval. Approval by the Department shall deem
that the submitted plan is consistent with the Plan described in this
(i) The Department, with
funds available, may provide funding or technical assistance to assist local
governments and regions in this update process.
(j) Routine updates to the solid waste
region's plan shall be submitted by March 31 of each year for the immediate
preceding calendar year in a format prescribed by the Department.
(k) Failure to complete an update to the Plan
or to submit the Plan shall subject the solid waste region or local government
to possible sanctions pursuant to T.C.A. §§
(l) The twenty-five percent (25%) goal
applies to only the waste that has been going to Class I landfills or municipal
solid waste incinerators. Measurements of waste are to be based on the amount
of waste entering a disposal facility prior to combustion or landfilling.
Materials recovered or collected for recycling at these facilities prior to
combustion or landfilling shall be weighed and deducted from the total amount
(m) The region
shall present its calculation of the twenty-five percent (25%) reduction on a
per capita basis or the economic growth basis to be prescribed by the
Department in accordance with paragraph (1) of this rule.
(n) The region plan shall utilize the base
year of 1995 for measuring waste reduction unless a region can demonstrate that
the 1995 data is clearly in error. A region may receive credit toward the waste
reduction goal from recycling and source reduction programs prior to 1995, but
no earlier than 1985. The region shall notify in writing the Division Director
of such an error and request approval of any adjustment to the 1995
(o) By March 31 of each year,
each region shall submit an annual report to the Division. Pursuant to T.C.A.
68-211-871, such reports shall
include, at a minimum, the amount and type of recycled materials collected in
Qualitative Assessment and Noncompliance
A qualitative assessment, as defined below, will be applied to municipal solid
waste regions that failed to meet the twenty-five percent (25%) waste reduction
and diversion goal stated in T.C.A. §
based on data from the region's Annual Progress Report submitted to the
Division. The qualitative assessment will objectively assess the activities and
expenditures of both the municipal solid waste region and the local governments
in the region to determine whether the region's program is qualitatively
equivalent to other regions similar in population and socio-economic level that
meet the goal and whether the failure is due to factors beyond the control of
(b) The Department
shall evaluate the programs in those regions that do not satisfy this rule to
determine if they are qualitatively equivalent to those that did meet the 25%
waste reduction and diversion goal.
The review of solid waste regions
identified to be qualitatively assessed by the Department shall be accomplished
through the following methodology:
Department shall use the submission of the municipal solid waste region's
Annual Progress Report for the most current reporting period to determine
whether 25% of the solid waste generated in that year was either diverted from
Class I facilities or recycled. If it was, the region meets the goal and the
Department does not proceed to the next step. The region is considered
Regions that are not found qualitatively equivalent in the first step shall
continue the qualitative assessment and be compared to two other regions that
are most equivalent in population and socio-economic level.
The Department shall evaluate the
programs in those regions that do not satisfy this rule to determine if they
are qualitatively equivalent to those that did meet the 25% waste reduction and
diversion goal by evaluating at least the following current solid waste program
activities, giving the first three items the greatest weight:
(I) waste reduction and recycling programs
(II) waste diversion
programs and systems;
quality of the region's municipal solid waste plan;
(IV) solid waste education programs and
(V) waste collection and
(VI) solid waste
program budgets and staffing; and
(VII) a cost benefit analysis of the waste
reduction and recycling progress as well as the solid waste generation in the
(iv) As part of
the evaluation of subpart (iii) of this part, the Department shall visit the
region and meet with the appropriate officials from each local government to
research and investigate programs and activities listed in subpart (iii) of
(v) The Department shall
prepare a comprehensive report for the region providing an analysis of program
activities and explaining findings, recommendations, and any required
activities. The Department shall meet with each local government in the region
to review the comprehensive report and provide the region and its member local
governments at least thirty (30) days to prepare a written response that shall
be included in the final report prior to finalizing and publishing.
Findings. The Department shall clearly
identify to the region or the local governments assessed their status upon
completion of the qualitative assessment. This status shall be one of the
(I) Qualitatively Equivalent - The
local government or region is qualitatively equivalent to the comparison
regions. This means that the systems and activities are equal to comparison
counties, but the region failed to meet the goal through no fault of their
Equivalent - The local government or region is marginally qualitatively
equivalent to the comparison regions. This means that some systems and
activities are equal to comparison regions, but some are not. Further, the
solid waste plan is not being followed and may be contributing to the goal not
fully being attained.
The Department for purposes of goal achievement shall deem
the region or local governments as equivalent but may require remedial
activities or need to follow-up to assist the region in strengthening efforts
to attain the goal.
Qualitatively Not Equivalent - The local government or region is not
qualitatively equivalent to one or more of the comparison regions. This means
that many systems or activities may be equal to the comparison counties, but
more than half are not and the region or local government did not meet the
goal. The Department may direct or prescribe efforts to assist the region in
achieving their goal.
Qualitatively Not Equivalent (No-Fault) - The local government or region is not
qualitatively equivalent to one or more of the comparison regions, but has
mitigating circumstances like topography or geography that prevents qualitative
2. If a region is determined qualitatively
not equivalent to comparison regions, the Department shall work with the region
and its member local governments to establish a timetable to achieve the goal
and achieve compliance with the Act. This may include technical assistance
(system design, improvements, and needs assessments), grant offerings,
workshops, and other activities designed to assist the region in achieving the
3. If a region that has been
found not to be qualitatively equivalent complies with the required
recommendations for two years, it shall be deemed to have returned to
compliance and not be subject to penalties.
(d) Except as provided in subparagraph (a) of
this paragraph, failure to comply with the applicable requirements of this rule
will subject any entity to the penalties provided by T.C.A. §§
(a) Class I landfills shall report to the
Department, on forms provided by the Department, the county of origin and
tonnage of municipal solid waste on a quarterly basis within thirty (30) days
after the end of the quarter.
Class III and Class IV landfills shall report to the Department, on forms
provided by the Department, the county of origin and tonnage of material data
collected and disposed on an annual basis by January
31st for the previous calendar year. Volume data
shall be converted from cubic yards to tons at a conversion factor of 4 cubic
yards per ton.
Materials Processing Facilities (RMPF) that manage over 100 tons per year of
reclaimed, recovered or recycled materials or are publically owned shall report
to the Department, on forms provided by the Department, the county of origin
and tonnage by commodity type processed by March 1 of each calendar year.
Material Processing Facilities may optionally report this information on a
quarterly basis on forms provided by the Department.
For the purposes of this paragraph, RMPF shall not include
end processors of materials or secondary/intermediate collectors of recycled
materials. Only RMPFs that initially receive recycled materials directly from
the public (including commercial collections, contracted collections, etc.) and
process and market these materials to secondary, intermediate or end users are
required to report under this paragraph.
(d) Material data collected from private
sector recovered materials processing facilities shall be considered
proprietary business information if requested by the private material recovery
facility, and shall be protected as such and not be disclosed in a
non-aggregated format. Data ownership information shall not be disclosed in
this circumstance unless authorized by the data originator to do so.
(e) All municipal solid waste planning
regions shall submit by March 31st in the calendar
year immediately following the reporting year their annual progress report by
county. The region may request in writing prior to the due date an additional
thirty (30) days to submit all required information. Additional time may be
granted by the Commissioner for good cause shown.