[EQAB-list] Fwd: TDEC Rule Changes on solid waste

Fri Aug 21 16:29:12 EDT 2009

FYI to EQAB. 

----- Forwarded Message ----- 
From: "Tennesse Municipal League" <tmlmail at tml1.org> 
To: esmith at cortn.org 
Sent: Friday, August 21, 2009 4:08:20 PM GMT -05:00 US/Canada Eastern 
Subject: Update: TDEC Rule Changes 

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NEW TDEC RULES AFFECT YOU 

Comments Requested 

Your municipality will be affected by new rules scheduled to be considered by the Solid Waste Disposal Control Board (SWDCB) during a public hearing scheduled for September 1, 2009. 

In 2008, TML advised you of a proposal by Tennessee Department of Environment and Conservation (TDEC) to reduce the waste stream going into Class I and Class III/IV landfills. Originally, this proposal contained landfill bans and stiff penalties for any local governments that did not reduce its waste by at least 20 percent. TML, along with other interested organizations, voiced strong opposition to the proposal and requested that it be reconsidered. 

In light of this request, the SWDCB sent the proposal back to the Solid Waste Advisory Committee for revision. The revised proposal applies only to local governments with a population of 3,000 or more, or that maintain a solid waste system through contract or through public operation and includes the following requirements: 

1. Each affected local government will be required to meet a 20% recycling goal and reduce waste going to landfills annually. An affected local government has five (5) years from the effective date of this rule to accomplish this goal. 

2. Recycling efforts will be measured according to the following recycling ratio formula: 

% R ecycled = Materials recycled that are controlled by the covered local government / Total of all materials generated that are controlled by the covered local government 

3. Each affected local government must use an enterprise fund system of accounting for all solid waste programs, unless authorized to use a special revenue fund by the Commissioner of TDEC. 

4. Each affected local governments must implement best practices, which will be prepared by TDEC, on an as needed basis to attain the statewide waste reduction and local recycling goals. 

5. All affected local governments will be required to prepare and implement a waste reduction plan. Municipalities must submit a copy of the plan to the county. The county, in turn, must prepare and submit an aggregated copy of all plans to the municipal solid waste planning region for submission to the Department. 

6. Affected local governments that fail to comply with the requirements of the provision after the proposal has been implemented will receive a letter of warning from the Commissioner of TDEC, which must include an offer of technical assistance from the Department. If the noncompliance continues for (60) sixty days after the receipt of the letter of warning, the municipality could be assessed civil penalties of up to $5,000 a day. 

Please review the proposal for more information and provide your comments to Denise Paige at dpaige at tml1.org by noon on Monday, August 31, 2009 . 

The Solid Waste Disposal Control Board has set these rule changes out for public comment and a public hearing to be held on September 1st, 2009, 9:30 a.m. at the L & C Tower at 401 Church St, 17th Floor, and Nashville, TN 37243. TDEC will host a Webinar of the proceedings if you are unable to attend the public hearing. ( Click here for Webinar information ). The deadline for the submission of written comments is Wednesday, September 30, 2009 . (Click here for information on how to submit written comments) . 

		Tennessee Municipal League | 226 Capital Boulevard | Nashville, TN 37219 

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