# Tenn. Code Ann. § 68-211-105: Supervision over construction of disposal facilities > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-105 ## Section - **Citation:** Tenn. Code Ann. § 68-211-105 - **Heading:** Supervision over construction of disposal facilities - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 68 / Chapter 211 / Section 68-211-105 ## Text (a) The department shall exercise general supervision over the construction of solid waste processing facilities and disposal facilities or sites throughout the state. Such general supervision shall apply to all features of construction of solid waste processing facilities and disposal facilities or sites which do or may affect the public health and safety or the quality of the environment, and which do or may affect the proper processing or disposal of solid wastes. (b) No new construction shall be initiated nor shall any change be made in any solid waste processing facility or disposal facility or site until the plans for such new construction or change have been submitted to and approved by the department. Records of construction or plans for existing facilities or sites shall be made available to the department upon request of the commissioner. In granting approval of such plans, the department may specify such modifications, conditions, and regulations as may be required to fulfill the purposes of this part. (c) The board is empowered to adopt and enforce rules and regulations for the construction of new facilities and sites and the alteration of existing facilities and sites. (d) The commissioner is authorized to investigate solid waste processing facilities and disposal facilities or sites throughout the state as often as the commissioner deems necessary. (e) When the commissioner disapproves plans for the construction of, or change in, any solid waste processing facility or disposal facility or site, the commissioner shall notify in writing the person having submitted such plans, and state the grounds for the commissioner's disapproval. (f) Actions taken by the department, commissioner, or board in accordance with this part shall be conducted in accordance with title 13, chapter 18 when the action involves a major energy project, as defined in § 13-18-102 . (g) The commissioner shall not approve any plans submitted in accordance with subsection (b), unless the applicant has submitted: (1) A comprehensive environmental site assessment that includes an evaluation of the quality of groundwater beneath the proposed facility. At a minimum, the applicant shall provide analytical information for all constituents specified in regulations adopted by the board. The requirement for a comprehensive environmental site assessment shall apply only to new sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and (2) Proof satisfactory to the commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes, so that ground water protection standards are not exceeded. (h) The commissioner shall not review or approve any construction for any new landfill for solid waste disposal or for solid waste processing in any county or municipality which has adopted §§ 68-211-701 - 68-211-704 and § 68-211-707 until such construction has been approved in accordance with such sections. Acts 1969, ch. 295, § 5; 1974, ch. 446, §§ 1-3; 1974, ch. 486, § 1; 1980, ch. 899, § 2; 1981, ch. 131, § 31; T.C.A., § 53-4305; Acts 1988, ch. 967, § 1; 1989, ch. 515, §§ 1, 8; T.C.A., § 68-31-105; Acts 1993, ch. 523, §§ 1-3; 2006, ch. 819, § 1. (a) The department shall exercise general supervision over the construction of solid waste processing facilities and disposal facilities or sites throughout the state. Such general supervision shall apply to all features of construction of solid waste processing facilities and disposal facilities or sites which do or may affect the public health and safety or the quality of the environment, and which do or may affect the proper processing or disposal of solid wastes. tion of solid waste processing facilities and disposal facilities or sites throughout the state. Such general supervision shall apply to all features of construction of solid waste processing facilities and disposal facilities or sites which do or may affect the public health and safety or the quality of the environment, and which do or may affect the proper processing or disposal of solid wastes. (b) No new construction shall be initiated nor shall any change be made in any solid waste processing facility or disposal facility or site until the plans for such new construction or change have been submitted to and approved by the department. Records of construction or plans for existing facilities or sites shall be made available to the department upon request of the commissioner. In granting approval of such plans, the department may specify such modifications, conditions, and regulations as may be required to fulfill the purposes of this part. (c) The board is empowered to adopt and enforce rules and regulations for the construction of new facilities and sites and the alteration of existing facilities and sites. (d) The commissioner is authorized to investigate solid waste processing facilities and disposal facilities or sites throughout the state as often as the commissioner deems necessary. (e) When the commissioner disapproves plans for the construction of, or change in, any solid waste processing facility or disposal facility or site, the commissioner shall notify in writing the person having submitted such plans, and state the grounds for the commissioner's disapproval. (f) Actions taken by the department, commissioner, or board in accordance with this part shall be conducted in accordance with title 13, chapter 18 when the action involves a major energy project, as defined in § 13-18-102 . (g) The commissioner shall not approve any plans submitted in accordance with subsection (b), unless the applicant has submitted: (1) A comprehensive environmental site assessment that includes an evaluation of the quality of groundwater beneath the proposed facility. At a minimum, the applicant shall provide analytical information for all constituents specified in regulations adopted by the board. The requirement for a comprehensive environmental site assessment shall apply only to new sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and (2) Proof satisfactory to the commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes, so that ground water protection standards are not exceeded. (1) A comprehensive environmental site assessment that includes an evaluation of the quality of groundwater beneath the proposed facility. At a minimum, the applicant shall provide analytical information for all constituents specified in regulations adopted by the board. The requirement for a comprehensive environmental site assessment shall apply only to new sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and (2) Proof satisfactory to the commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes, so that ground water protection standards are not exceeded. sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and (2) Proof satisfactory to the commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes, so that ground water protection standards are not exceeded. (h) The commissioner shall not review or approve any construction for any new landfill for solid waste disposal or for solid waste processing in any county or municipality which has adopted §§ 68-211-701 - 68-211-704 and § 68-211-707 until such construction has been approved in accordance with such sections. Acts 1969, ch. 295, § 5; 1974, ch. 446, §§ 1-3; 1974, ch. 486, § 1; 1980, ch. 899, § 2; 1981, ch. 131, § 31; T.C.A., § 53-4305; Acts 1988, ch. 967, § 1; 1989, ch. 515, §§ 1, 8; T.C.A., § 68-31-105; Acts 1993, ch. 523, §§ 1-3; 2006, ch. 819, § 1. ## Nearby sections - [Tenn. Code Ann. § 68-211-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-101.md) - [Tenn. Code Ann. § 68-211-102 Public policy](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-102.md) - [Tenn. Code Ann. § 68-211-103 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-103.md) - [Tenn. Code Ann. § 68-211-104 Unlawful methods of disposal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-104.md) - [Tenn. Code Ann. § 68-211-105 Supervision over construction of disposal facilities](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-105.md) - [Tenn. Code Ann. § 68-211-106 Registration - Variances, waivers, and exemptions - Permits-by-rule - Public notice - Denial of permit - Liability or obligation for cleanup or remediation](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-106.md) - [Tenn. Code Ann. § 68-211-107 Supervision of operation - Rules and regulations](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-107.md) - [Tenn. Code Ann. § 68-211-108 Delegation of duties to local health officers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-108.md) - [Tenn. Code Ann. § 68-211-109 Federal grants to counties and municipalities - Review and approval](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-109.md) - [Tenn. Code Ann. § 68-211-110 Disposal on own land](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-110.md) - [Tenn. Code Ann. § 68-211-111 Underground storage tanks and solid waste disposal control board - Members and terms - Vacancies - Termination due to vacancy - Notice of hearings - Public comment - Rules and regulations - Meetings - Compensation](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-111.md) - [Tenn. Code Ann. § 68-211-112 Orders for correction - Preliminary conference with alleged violator](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-112.md) - [Tenn. Code Ann. § 68-211-113 Review of correction order or plan disapproval - Hearing - Appeal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-113.md) - [Tenn. Code Ann. § 68-211-114 Criminal penalties](https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T68_C211_S68-211-105. Check the current official text before relying on it. Not legal advice.