§ 68-211-204 — Duties of covered generator

(a) On or after January 1, 2011: (1) No covered generator shall dispose of a mercury-added consumer product as non-hazardous solid waste under Tenn. Comp. R. & Regs. 1200-1-7; and (2) A covered generator shall ensure that its discarded mercury-added consumer products are: (A) Shipped for recycling, treatment, or disposal to either a universal waste destination facility or a hazardous waste management facility that has been permitted to manage such materials by the federal environmental protection agency (EPA) pursuant to the federal Resource Conservation and Recovery Act ("RCRA") ( 42 U.S.C. § 6901 et seq.) by a state program that has been authorized by the EPA to implement the pertinent portions of RCRA in the state, or by a foreign government; and (B) Managed prior to receipt at such universal waste destination facility or hazardous waste management facility in accordance with, as applicable, either: (i) The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 - 0400-12-01-.07; or (ii) The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11. (b) Any person who separates and collects from a municipal solid waste stream either mercury-added consumer products from generators that are not covered generators, or mercury-containing excluded products shall be subject to the same requirements as covered generators as provided in subsection (a).

Legislative History

Acts 2010 , ch. 840, § 5.