§ 68-212-106 — Criteria for determining hazardous wastes - Notification regarding wastes generated - Manifest systems - Landfill disposal sites

(a) (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.

Legislative History

Acts 1977, ch. 175, § 5; 1979, ch. 382, § 1; 1979, ch. 410, § 4; 1980, ch. 899, § 9; T.C.A., § 53-6306; Acts 1984, ch. 577, § 4; T.C.A., § 68-46-106.