Section 0400-11-01-.09 - WASTE REDUCTION AND PLANNING(1) General Purpose 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 Committee.(b) 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: 2. Hazardous waste as defined in T.C.A. § 68-212-104;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; and5. 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 facility.(2) Waste Reduction(a) Comprehensive Integrated 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.(b) 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.2. 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.5. 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.7. Energy recovery and production. Materials redirected for energy recovery and production shall be considered waste reduction.(i) To calculate the tons of waste reduction the following formula shall apply: Ti - To = Td
Where:
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 recovery.
(ii) Waste incinerated where the primary purpose is not energy recovery is not considered waste reduction.(iii) Residuals 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 policy.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 goal.(3)(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.(b) The Plan shall be divided into the following major sections. These sections shall provide and describe in detail how the Plan shall be implemented:1. Infrastructure, Demographic and Geological Overview4. Disaster Debris Management Plan5. Outreach and Education Plan6. Funding, Responsibilities, and Administration Plan(c) At a minimum, each plan and revised plan submitted by a municipal solid waste region shall include the following:1. Demographic information;2. A 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 facilities;(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. § 68-211-874;4. Anticipated growth trends for the next five-year period;5. Anticipated waste capacity needs;6. Planned capacity assurance, including descriptions of planned or needed facilities;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 hazardous wastes;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. § 68-211-861;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 plan;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;16. A plan for managing solid waste generated as a result of disasters or emergencies based, in part, upon the FEMA 325 Public Assistance Program; and17. 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 rule.(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. §§ 68-211-816 and 68-211-871.(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 being disposed.(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 data.(o) By March 31 of each year, each region shall submit an annual report to the Division. Pursuant to T.C.A. §§ 68-211-863 and 68-211-871, such reports shall include, at a minimum, the amount and type of recycled materials collected in the region.(4) Qualitative Assessment and Noncompliance (a) 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. § 68-211-861(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 the region.(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.(c) Noncompliance Procedures 1. The review of solid waste regions identified to be qualitatively assessed by the Department shall be accomplished through the following methodology: (i) The 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 qualitatively equivalent.(ii) 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.(iii) 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 and systems;(II) waste diversion programs and systems;(III) the quality of the region's municipal solid waste plan;(IV) solid waste education programs and systems;(V) waste collection and handling systems;(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 region.(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 this part.(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.(vi) 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 following:(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 own.(II) Marginally Qualitatively 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.
(III) 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.(IV) 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 equivalency.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 goal.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. §§ 68-211-816 and 68-211-861.(5) Reporting (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.(b) 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.(c) Recovered 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.Tenn. Comp. R. & Regs. 0400-11-01-.09
Original rule filed June 19, 2012; effective September 17, 2012. Repeal and new rule filed October 10, 2012; effective January 8, 2013. Amendment filed February 26, 2015; effective 5/27/2015.Authority: T.C.A. §§ 68-211-101 et seq., 68-211-801 et seq. and 4-5-201 et seq.