68-211-111. Solid waste disposal control board Members and terms Vacancies Termination due to vacancy Notice of hearings Public comment Rules and regulations Meetings Compensation.
(a) (1) There is created a solid waste disposal control board which shall be composed of eleven (11) members as follows:
(A) One (1) person who is engaged in a field which is directly related to agriculture to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Farm Bureau;
(B) Two (2) persons who are employed by a private manufacturing concern with experience in management of solid wastes or hazardous materials to be appointed by the governor from a list of six (6) persons nominated by the Tennessee Manufacturers Association;
(C) One (1) person who is a registered engineer or geologist or qualified land surveyor with knowledge of management of solid wastes or hazardous materials from the faculty of an institution of higher learning to be appointed by the governor from a list of four (4) persons, two (2) of whom shall be nominated by the board of trustees of the University of Tennessee system, and the other two (2) of whom shall be nominated by the board of regents of the state university and community college system;
(D) One (1) person with knowledge of management of solid wastes or hazardous materials to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Environmental Council to represent environmental interests;
(E) One (1) person engaged in the business of management of solid wastes or hazardous materials to be appointed by the governor;
(F) One (1) person to be appointed by the governor from a list of three (3) persons nominated by the County Services Association;
(G) One (1) person to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Municipal League;
(H) One (1) person shall be a small generator of solid wastes or hazardous materials and shall be appointed from a list of three (3) persons nominated by the Tennessee Automotive Association; and
(I) Two (2) persons shall be ex officio members and shall be the commissioner of economic and community development or the commissioner's designee, and the commissioner of environment and conservation or the commissioner's designee.
(2) The director of the division of solid and hazardous waste management or the director's designee shall serve as the technical secretary of the board but shall have no vote at board meetings;
(3) If the governor does not choose to appoint one (1) of the persons recommended to the governor under the terms of subdivision (a)(1), the appropriate organization shall submit a new list of nominations to the governor equal in number to their original nominations.
(b) The members appointed by the governor shall serve four-year terms and until their successors are appointed; provided, that the first appointments shall be as follows: The present agricultural representative shall serve the remainder of such representative's term, one (1) industry representative shall be appointed for a term of two (2) years, one (1) industry representative shall be appointed for a term of three (3) years, the representative of higher education institutions shall be appointed for a term of two (2) years, the representative of environmental interests shall be appointed for a term of three (3) years, the representative of waste management shall be appointed for a term of four (4) years, the representative of counties shall be appointed for one (1) year, and the representative of municipalities shall be appointed for four (4) years. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority.
(c) (1) All vacancies in appointed positions shall be filled by the original appointing authority to serve the remainder of the unexpired term.
(2) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration such board shall report to government operations committees of the senate and the house of representatives why such vacancies have not been filled.
(3) If more than one half (½) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112. A board that is terminated pursuant to this subsection shall be reviewed by the evaluation committees pursuant to title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing the board.
(d) (1) It is the duty of the board to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations which the board deems necessary for the proper administration of this part. Prior to promulgating, adopting, modifying or repealing rules and regulations, the board shall conduct, or cause to be conducted, public hearings in connection therewith. All such acts relative to rules and regulations shall be in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(2) The board is authorized to promulgate rules and regulations to effectuate the purposes of parts 8 and 9 of this chapter. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) Notice of any hearing shall be given not less than thirty (30) days before the date of such hearing and shall state the date, time, and place of hearing, and the subject of the hearing. Any person who desires to be heard relative to solid waste matters at any such public hearing shall give written notice thereof to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing.
(f) It is the duty of the board to act as a board of appeals as provided in § 68-211-113.
(g) The board shall hold at least four (4) regular meetings each calendar year at a place and time to be fixed by the board. The board shall also meet at the request of the commissioner of environment and conservation or of the chair of the board, or upon request of three (3) members of the board. Five (5) members constitute a quorum, and a quorum may act for the board in all matters. The board shall select a chair from its members annually. The department of environment and conservation shall provide all necessary staff for the board.
(h) Each member of the board other than the ex officio members shall be entitled to be paid fifty dollars ($50.00) for each day actually and necessarily employed in the discharge of official duties, and each member shall be entitled to receive the amount of the member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses shall be reimbursed in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(i) No member of the board shall participate in making any decision of a permit or upon a case in which the municipality, firm, or organization which the member represents, or by which the member is employed, or in which the member has a direct substantial financial interest, is involved.
68-211-111. Solid waste disposal control board Members and terms Vacancies Termination due to vacancy Notice of hearings Public comment Rules and regulations Meetings Compensation.
(a) (1) There is created a solid waste disposal control board which shall be composed of eleven (11) members as follows:
(A) One (1) person who is engaged in a field which is directly related to agriculture to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Farm Bureau;
(B) Two (2) persons who are employed by a private manufacturing concern with experience in management of solid wastes or hazardous materials to be appointed by the governor from a list of six (6) persons nominated by the Tennessee Manufacturers Association;
(C) One (1) person who is a registered engineer or geologist or qualified land surveyor with knowledge of management of solid wastes or hazardous materials from the faculty of an institution of higher learning to be appointed by the governor from a list of four (4) persons, two (2) of whom shall be nominated by the board of trustees of the University of Tennessee system, and the other two (2) of whom shall be nominated by the board of regents of the state university and community college system;
(D) One (1) person with knowledge of management of solid wastes or hazardous materials to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Environmental Council to represent environmental interests;
(E) One (1) person engaged in the business of management of solid wastes or hazardous materials to be appointed by the governor;
(F) One (1) person to be appointed by the governor from a list of three (3) persons nominated by the County Services Association;
(G) One (1) person to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Municipal League;
(H) One (1) person shall be a small generator of solid wastes or hazardous materials and shall be appointed from a list of three (3) persons nominated by the Tennessee Automotive Association; and
(I) Two (2) persons shall be ex officio members and shall be the commissioner of economic and community development or the commissioner's designee, and the commissioner of environment and conservation or the commissioner's designee.
(2) The director of the division of solid and hazardous waste management or the director's designee shall serve as the technical secretary of the board but shall have no vote at board meetings;
(3) If the governor does not choose to appoint one (1) of the persons recommended to the governor under the terms of subdivision (a)(1), the appropriate organization shall submit a new list of nominations to the governor equal in number to their original nominations.
(b) The members appointed by the governor shall serve four-year terms and until their successors are appointed; provided, that the first appointments shall be as follows: The present agricultural representative shall serve the remainder of such representative's term, one (1) industry representative shall be appointed for a term of two (2) years, one (1) industry representative shall be appointed for a term of three (3) years, the representative of higher education institutions shall be appointed for a term of two (2) years, the representative of environmental interests shall be appointed for a term of three (3) years, the representative of waste management shall be appointed for a term of four (4) years, the representative of counties shall be appointed for one (1) year, and the representative of municipalities shall be appointed for four (4) years. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority.
(c) (1) All vacancies in appointed positions shall be filled by the original appointing authority to serve the remainder of the unexpired term.
(2) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration such board shall report to government operations committees of the senate and the house of representatives why such vacancies have not been filled.
(3) If more than one half (½) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112. A board that is terminated pursuant to this subsection shall be reviewed by the evaluation committees pursuant to title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing the board.
(d) (1) It is the duty of the board to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations which the board deems necessary for the proper administration of this part. Prior to promulgating, adopting, modifying or repealing rules and regulations, the board shall conduct, or cause to be conducted, public hearings in connection therewith. All such acts relative to rules and regulations shall be in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(2) The board is authorized to promulgate rules and regulations to effectuate the purposes of parts 8 and 9 of this chapter. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) Notice of any hearing shall be given not less than thirty (30) days before the date of such hearing and shall state the date, time, and place of hearing, and the subject of the hearing. Any person who desires to be heard relative to solid waste matters at any such public hearing shall give written notice thereof to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing.
(f) It is the duty of the board to act as a board of appeals as provided in § 68-211-113.
(g) The board shall hold at least four (4) regular meetings each calendar year at a place and time to be fixed by the board. The board shall also meet at the request of the commissioner of environment and conservation or of the chair of the board, or upon request of three (3) members of the board. Five (5) members constitute a quorum, and a quorum may act for the board in all matters. The board shall select a chair from its members annually. The department of environment and conservation shall provide all necessary staff for the board.
(h) Each member of the board other than the ex officio members shall be entitled to be paid fifty dollars ($50.00) for each day actually and necessarily employed in the discharge of official duties, and each member shall be entitled to receive the amount of the member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses shall be reimbursed in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(i) No member of the board shall participate in making any decision of a permit or upon a case in which the municipality, firm, or organization which the member represents, or by which the member is employed, or in which the member has a direct substantial financial interest, is involved.
68-211-111. Solid waste disposal control board Members and terms Vacancies Termination due to vacancy Notice of hearings Public comment Rules and regulations Meetings Compensation.
(a) (1) There is created a solid waste disposal control board which shall be composed of eleven (11) members as follows:
(A) One (1) person who is engaged in a field which is directly related to agriculture to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Farm Bureau;
(B) Two (2) persons who are employed by a private manufacturing concern with experience in management of solid wastes or hazardous materials to be appointed by the governor from a list of six (6) persons nominated by the Tennessee Manufacturers Association;
(C) One (1) person who is a registered engineer or geologist or qualified land surveyor with knowledge of management of solid wastes or hazardous materials from the faculty of an institution of higher learning to be appointed by the governor from a list of four (4) persons, two (2) of whom shall be nominated by the board of trustees of the University of Tennessee system, and the other two (2) of whom shall be nominated by the board of regents of the state university and community college system;
(D) One (1) person with knowledge of management of solid wastes or hazardous materials to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Environmental Council to represent environmental interests;
(E) One (1) person engaged in the business of management of solid wastes or hazardous materials to be appointed by the governor;
(F) One (1) person to be appointed by the governor from a list of three (3) persons nominated by the County Services Association;
(G) One (1) person to be appointed by the governor from a list of three (3) persons nominated by the Tennessee Municipal League;
(H) One (1) person shall be a small generator of solid wastes or hazardous materials and shall be appointed from a list of three (3) persons nominated by the Tennessee Automotive Association; and
(I) Two (2) persons shall be ex officio members and shall be the commissioner of economic and community development or the commissioner's designee, and the commissioner of environment and conservation or the commissioner's designee.
(2) The director of the division of solid and hazardous waste management or the director's designee shall serve as the technical secretary of the board but shall have no vote at board meetings;
(3) If the governor does not choose to appoint one (1) of the persons recommended to the governor under the terms of subdivision (a)(1), the appropriate organization shall submit a new list of nominations to the governor equal in number to their original nominations.
(b) The members appointed by the governor shall serve four-year terms and until their successors are appointed; provided, that the first appointments shall be as follows: The present agricultural representative shall serve the remainder of such representative's term, one (1) industry representative shall be appointed for a term of two (2) years, one (1) industry representative shall be appointed for a term of three (3) years, the representative of higher education institutions shall be appointed for a term of two (2) years, the representative of environmental interests shall be appointed for a term of three (3) years, the representative of waste management shall be appointed for a term of four (4) years, the representative of counties shall be appointed for one (1) year, and the representative of municipalities shall be appointed for four (4) years. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority.
(c) (1) All vacancies in appointed positions shall be filled by the original appointing authority to serve the remainder of the unexpired term.
(2) If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration such board shall report to government operations committees of the senate and the house of representatives why such vacancies have not been filled.
(3) If more than one half (½) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112. A board that is terminated pursuant to this subsection shall be reviewed by the evaluation committees pursuant to title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing the board.
(d) (1) It is the duty of the board to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations which the board deems necessary for the proper administration of this part. Prior to promulgating, adopting, modifying or repealing rules and regulations, the board shall conduct, or cause to be conducted, public hearings in connection therewith. All such acts relative to rules and regulations shall be in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(2) The board is authorized to promulgate rules and regulations to effectuate the purposes of parts 8 and 9 of this chapter. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) Notice of any hearing shall be given not less than thirty (30) days before the date of such hearing and shall state the date, time, and place of hearing, and the subject of the hearing. Any person who desires to be heard relative to solid waste matters at any such public hearing shall give written notice thereof to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing.
(f) It is the duty of the board to act as a board of appeals as provided in § 68-211-113.
(g) The board shall hold at least four (4) regular meetings each calendar year at a place and time to be fixed by the board. The board shall also meet at the request of the commissioner of environment and conservation or of the chair of the board, or upon request of three (3) members of the board. Five (5) members constitute a quorum, and a quorum may act for the board in all matters. The board shall select a chair from its members annually. The department of environment and conservation shall provide all necessary staff for the board.
(h) Each member of the board other than the ex officio members shall be entitled to be paid fifty dollars ($50.00) for each day actually and necessarily employed in the discharge of official duties, and each member shall be entitled to receive the amount of the member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses shall be reimbursed in accordance with the comprehensive state travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(i) No member of the board shall participate in making any decision of a permit or upon a case in which the municipality, firm, or organization which the member represents, or by which the member is employed, or in which the member has a direct substantial financial interest, is involved.
