Hazardous Waste

Hazardous Waste Permits
When the Tennessee Department of Environment and Conservation (TDEC) considers an application for a hazardous waste treatment, storage, or disposal facility located within a municipality or within one mile of its corporate limits, the municipality's governing body has 90 days to approve, reject, or recommend modifications to the proposed facility. The municipality must submit a report evaluating factors established by state law, including:

• Compatibility with surrounding land uses and effects on adjacent property values;
• Protection of the surrounding area from fires, spills, and other operational accidents;
• Impacts on traffic and transportation;
• Emergency response planning, including notification, containment, and evacuation procedures; and
• Compliance with applicable zoning requirements.

Failure to submit the required report within 90 days constitutes a waiver of the municipality's right to provide comments. Before issuing or denying the permit, the Commissioner of Environment and Conservation must consider the municipality's recommendation and either affirm, reverse, or modify the local decision. T.C.A. § 68-212-108.

Applicants for hazardous waste treatment, storage, or disposal facilities must conduct a public meeting and prepare a community impact statement before submitting a permit application. In addition, new commercial hazardous waste treatment, storage, or disposal facilities may not be located within 1,500 feet of residential property, schools, parks, churches, or licensed child care facilities. T.C.A. §§ 68-212-105, 68-212-108.

Hazardous Waste Plans and Reports
The Tennessee Hazardous Waste Reduction Act requires certain hazardous waste generators to classify their operations, prepare hazardous waste reduction plans, and submit reports to the state in accordance with applicable law. T.C.A. §§ 68-212-301–312.

Superfund and Hazardous Waste Sites
The Commissioner of Environment and Conservation must notify the register of deeds in each county when property is placed on the state's list of inactive hazardous substance sites. The register of deeds records a notice identifying the property as an inactive hazardous substance site. The recorded notice provides public notice of potential environmental contamination and may affect future development or financing until the contamination has been addressed and the notice removed.

Local governments generally are not liable for the cleanup of hazardous waste sites when they acquire contaminated property through tax delinquency, bankruptcy, abandonment, or similar involuntary means, provided they did not cause or contribute to the release of hazardous substances and are otherwise entitled to the liability protections provided by law. T.C.A. §§ 68-212-101–302.