(a) This rule shall establish the minimum
level of service which every county must provide in order to assure that all
residents of a county are provided with collection and disposal
(b) This rule shall
establish minimum standards for the design and operation of convenience centers
if such service is selected by a County.
(c) This rule shall establish the economic
index and local matching rates for grant assistance to counties to establish
and upgrade convenience centers.
(d) This rule shall establish requirements
for operation and use of county public collection receptacles for municipal
level of service -
(a) Household collection -
A county shall be deemed to have met minimum level of service if at least
ninety percent (90%) of all residents have access to household
- A county shall be deemed to have a minimum level of service if convenience
centers are established as provided in this subparagraph. Each county must have
at least one convenience center unless a higher level of service is provided.
Convenience centers must meet the permit
by rule requirements at Rule
1(iv). The operator must make attachments to
the notification as follows:
attaches a written narrative to his notification describing the specific manner
in which the facility complies with Rule
(ii) A design plan attached indicating
boundaries of the site and all appurtenances.
(iii) A site location map is submitted on a
USGS Topo map.
of centers - The service area of a county is defined as follows:
Service area - The service area of a
county is defined as follows:
in square miles less in square miles the following;
I. Federal lands or reservations;
II. State lands or reservations;
III. Forestry reserves as held by wood
corporations served by mandatory collection;
V. Federally managed water bodies or rivers;
(II) Population as
certified by the most recent census as per the U.S. Bureau of Census less the
population served by mandatory collection service.
The minimum number of centers shall be
established as follows:
(I) The service area
in square mile divided by one hundred eighty 2 square miles (180 mi );
The service area population
divided by 12,000.
(All calculations shall be rounded to the nearest whole
(c) Higher Level of Service - If a county or
region proposes an alternative system, said system shall be approved by the
Commissioner. The proposed system must provide a higher level of service than
convenience centers. The county or region must, at a minimum, provide a review
as per paragraph (4) of this rule and state in detail the criteria by which the
system provides a higher level of service.
Design and operation standards
(a) Access - The facility shall restrict
unauthorized access by means of fencing with the ability to secure access
points. Operating hours shall be posted at the facility.
(b) Dust and Mud Control - In order to
prevent the creation of a nuisance or safety hazard all surfaces utilized for
access and general operation shall be paved (includes compacted
Run-on and Run-off
1. In order to prevent operational
hazards all run-on surface water shall be diverted around the
2. In order to prevent
ponding of water, the surface of the facility shall be graded to assure proper
runoff control. All runoff shall be diverted to an area that can be controlled
with reference to release from the property. The release area shall be properly
graded and stabilized to prevent erosion or other damage to adjoining
properties. Release of solids in the runoff must be controlled.
(d) Fire safety - The facility
must have on-site, properly maintained, fire suppression equipment.
Arrangements must be made with the nearest available fire protection agency to
provide additional protection.
Communication - There shall be maintained during operating hours on-site
equipment capable of notifying the appropriate authorities of an emergency,
unless it is demonstrated to the Commissioner's satisfaction that such
requirement would be an unreasonable hardship at the convenience center
1. In order to provide shelter during
inclement weather and store necessary records and supplies a suitable structure
shall be provided on-site.
Sanitary facilities shall be provided.
(g) Water - Service water should be provided
to the facility if equipment and/or the facility management requires such water
(h) Process water
- If mechanical compaction is utilized all liquid generated by this equipment
shall be collected and properly managed.
1. Recycled material shall be placed in
separate receiving containers;
All waste handling (including loading and unloading) shall be conducted on
paved surfaces (pavement includes compacted stone);
3. There is no storage of solid waste at the
facility except in containers, bins, or on paved surface designed for such
4. All litter shall be
collected at the beginning and end of each working day. Incidents of illegal
dumping shall be referred to local authorities and addressed in the annual
revision of the solid waste plan.
(j) Facility supervision - Trained personnel
must always be present during operating hours. Training will be established as
per T.C.A. §
Convenience centers shall not be located
within wetlands, unless the owner or operator makes the applicable
demonstrations to the Commissioner as referenced at Rule
The facility must not be located in a 100
year floodplain, unless the demonstration is made to the Commissioner as
required at Rule 1200-01-07-.04(2)(n)
3. The facility must not cause or contribute
to the taking of any endangered or threatened species of plants, fish or
wildlife; or result in the destruction or adverse modification of a critical
4. New convenience centers
must not be located within fifty (50) feet of streams. In order to protect
these, the area within the fifty feet must have a stable vegetative
(l) The facility
shall not receive special waste unless approval is received from the Department
in writing. Approval will require the construction of special containment
(m) The facility shall not
receive medical waste.
Municipal Solid Waste Collection and Plan
Annually each solid waste disposal region
shall revise the local plan as required by T.C.A. §
. This annual revision
1. Survey of roadside
3. Alternative systems
4. Volume of waste
received or collection by the existing systems.
(b) This report shall be submitted to the
Department of Environment and Conservation by March 31 of each year.
(a) Matching rates for convenience center
grants shall be determined using the mean of a county's rank for equalized
property tax generation and per capita income. Property tax generation shall be
the equalized value of property as published in the Tennessee State Tax
Aggregate Report by the State Board of Equalization. Per capita income shall be
the income figure published by the United States Department of Commerce, Bureau
of Economic Analysis.
Department shall issue annually in March the County ranking based on this
(c) The local share required
to match grant funds shall be 10% for those counties in the lower one-half
(½) of the economic index. Those counties in the upper one-half
(½) of the economic index shall be required to provide a 20% local
for Operation and Use of County Public Collection Receptacles for Municipal
By March 31 of each year,
each county which maintains and uses receptacles for the collection of
municipal solid waste from the general public at sites separate from a
convenience center, shall include the following information as part of the
Solid Waste Region's annual report (which is submitted to the Division):
1. The number of receptacles in the
2. The location of all
3. Collection times
for such receptacles; and
Operation procedures and security measures adopted and enforced to maintain and
service the receptacles and to ensure the protection of public health and
safety. Such information in this part must be in the form of a narrative manual
and meet the minimum requirements in subparagraph (b).
Minimum operation and security
requirements shall be as follows:
containers must be emptied at a minimum of once every 7 days, except the
commissioner may provide an extension of time for severe weather or other
2. Litter and
/ or solid waste outside the receptacles must be controlled. Such wastes must
be removed at a minimum frequency of at least once every 7 days.
3. Receptacles must be maintained and managed
in a manner to minimize disease vectors.
4. Receptacles must be located on an all
weather surface (such as gravel).
(c) Per TCA 68-211-851, as amended, counties
which did not have receptacles in place as of January 1, 1996 or which
subsequent to such date discontinues use of any receptacle authorized in this
paragraph, shall be prohibited from installing or maintaining additional
Tenn. Comp. R. &
Original rule filed June
21, 1993; effective August 5, 1993. Amendment filed December 8, 1993; effective
February 27, 1994. Amendment filed November 17, 1995; effective January 31,
1996. Amendment filed April 22, 1997; effective July 6, 1997. Amendment filed
May 7, 1997; effective July 21, 1997. Amendment filed April 17, 2000; effective
July 1, 2000. Amendment filed May 23, 2006; effective August 6,
Authority: T.C.A. §§
4-5-201, et seq., 68-203-103(b)(3),
68-211-102(a), 68-211-106(a)(1), 68-211-107(a), 68-211-111(d)(1),
68-211-111(d)(2), 68-211-105(b), 68-211-851(a), and 68-211-853.