CURRENT State Law [confirmed by Rule 0400-11-01-09]
—The stated goal of this statute is to reduce by 25% the amount of solid waste
disposed of at municipal solid waste facilities in December 31 2003.
B.) —Three separate methods for local governments to meet the 25% reduction goal–
quantitative, qualitative, & economic growth basis. (TCA 69-211-861; p.5-6, #1–#5
A.) calculate 25% reduction per capita
B.) economic growth basis (p. 9, #m),
C.) lengthy description of ‘Qualitative Assessment Methods’ (p. 9-10—
D.) REGIONS use either the 1995 base year or go back to 1985 (pg. 9, #n),
NOTE: This Rule continues the credit for landfilling construction waste in Class IV landfills (pg.
9, #L) [only state to do this]
NEW [loop-hole] Source Reduction of “municipal solid waste”—allows technical changes
in businesses and industry to be counted as waste reduction without documentation
Amendments, pg. 5, #6)—WILL THIS BE ACCURATE?—This will lead to more “good” 25%
. Tennessee landfills are not safe with nearly 3 million tons of organic food waste, yard waste,
and non-recycled paper landfilled annually.
Major businesses testified at the 10—11 July State Senate Energy Committee hearing that
Tennessee business and jobs are hurt by landfilling needed raw materials
Tennessee local government reports are based on FALSE NUMBERS
2010 Bio-Cycle Magazine and Columbia University Survey determined Tennessee diverted
4.64% Waste and ranked 7th from the bottom among states. Tennessee claims nearly 50%
diversion counting landfilled construction waste. .(Tennessean 22 April 2012
APPROVED—State Board 7 August 2012
These methods to count solid waste are in the statute
Each of these Regulations, except for “Source Reduction of
Municipal Waste”, are long established in the Tennessee Laws.
these loop-holes have led to false solid waste numbers and
(Amendment, pg. 9, #L) This goal is nearly ten years out of date This Regulation is more
REPORTS not waste reduction
This Rule VIOLATES TCA 68-211-803 (a) “Public Policy” which states public health, safety, and
environment must be protected from solid waste facilities and “…makes maximum utilization of the
resources contained in solid waste.”