Stricter rules for recycling, tire disposal considered

Every city, county and school district must develop a solid waste management plan and recycle 20 percent of all wastes - if new state regulations are enacted.

Rural communities, which usually have limited recycling facilities and limited access to recycling markets, will have an especially difficult time meeting the new regulations.

If local governments don't recycle enough, the state will determine what needs to be done. Local governments will have two years to enact recommended programs and boost recycling rates.

The news was delivered Thursday night to members of the regional solid waste planning board for Dyer, Crockett and Gibson counties.

The Tennessee Waste Reduction Task Force developed the regulations, which were then modified by the state's Solid Waste Advisory Committee. A public hearing was held Sept. 1 and public comments accepted that month. The Tennessee Department of Conservation and Environment is now responding to the comments. The regulations, comments and responses will be presented to the Tennessee Solid Waste Disposal Board, possibly as early as February. If the board approves the new regulations, they will go into effect.

Wanda Fuzzell, a solid waste planner with the Northwest Tennessee Development District, said she doubted the regulations would be approved as they are currently written.

"I honestly don't think a lot of this will pass," Fuzzell told the board during its semi-annual meeting in Alamo.

In recent years, counties and solid waste regions have been held responsible for meeting a state-mandated 25-percent waste-diversion goal. The primary goal had been to divert wastes away from Class I municipal landfills, which require expensive liners as well as leachate and methane gas-collection systems.

Dyer, Crockett and Gibson counties have easily met the mandate by counting wastes recycled by industries and businesses, and construction debris and yard wastes sent to less restrictive Class III/IV landfills.

That won't be allowed under the new rules, Fuzzell said. Commercial statistics may not be included, period. Class III/IV landfills may be counted as waste diversion only if they are actually reused, such as composting leaves and using them as mulch.

Board members quickly began estimating whether their respective governmental entities would have any recycling volumes to count. One member listed recycling efforts out loud, speculating whether it would apply to the county or the city in which he worked. He was pleased to note that some of the biggest waste-diversion efforts would count toward his city.

His list making illustrated a point. Instead of working together, Fuzzell said she believes communities will fight one another to count each recycled can or newspaper.

Under the proposed rules, she said, each governmental entity must show a waste reduction each year and a recycling rate of at least 20 percent.

Every waste hauler and landfill must document the wastes handled in cities, school districts and unincorporated county areas. The Dyersburg and Dyer County school systems are part of the local governments and won't be required to develop individual waste plans. Gibson County, however, has a number of special school districts and each one must prepare its own plan and file an annual report if the new regulations are approved.

"This is something that can affect us all," said Tommy Edmonds, regional solid waste director.

Another issue affecting all three counties - and counties across the state - is the disposal of waste tires.

The state collects a fee for every new tire sold and uses the money to help counties send waste tires to recycling companies. Counties must pay the tire recyclers first and are then, theoretically, are reimbursed by the state. The state's reimbursement rate doesn't keep up with the county's costs.

Edmonds said the state often claims that it can't pay the counties because the tire dealers haven't submitted the disposal fees to the state. The Tennessee Department of Revenue (DOR) tells counties they need to call the dealers and tell them to pay, he said. Counties are, in effect, becoming enforcement agencies for the DOR.

"We're ending up with the DOR's problem," Edmonds said. "They're supposed to be collecting it."

Crockett County Mayor Larry Griffin said the county is getting caught between the tire dealers and the state. "It's wrong for us to police the DOR and we should be taken out of the loop."

Enforcement isn't the only problem.

Edmonds said the dealers collect the disposal fee per tire, counties pay recyclers based on weight, and the state reimburses counties according to an estimated weight per tire. The estimated weights aren't realistic, especially for tires from agricultural equipment. Edmonds said the state allows 100 pounds for each agricultural tire, but they usually weigh 300-400 pounds each. Because of that, the state reimbursement rarely matches county expenses, he said.

Used-tire dealers don't collect the disposal fee at all and are not included in the state's reimbursement program, Edmonds said. Complicating the issue is the fact that some tire dealers are taking tires from out of state and sending them through the state's recycling program. No fees are collected on out-of-state tires.

Counties have complained for years and some West Tennessee officials met with Environment and Conservation Commissioner Jim Fyke last summer to discuss the issue. Edmonds said he doesn't believe the commissioner was aware of the problem until that meeting. Afterward, however, the commissioner created a waste-tire task force that is looking into the situation.

Edmonds, who attended a recent meeting of the Tennessee Solid Waste Directors Association, said many counties want to opt out of the tire program.

Actually, Fuzzell said, counties aren't supposed to be saddled with waste-tire recycling. Tennessee regulations state that tire dealers need to contract directly with the waste-tire buyers. If state regulations were enforced, the county wouldn't be involved with waste tires at all.

In other business, the regional board:

* Approved Edmonds' application for a $25,000 grant to purchase a skid steer loader and trailer for the three-county region. If the region wins the grant, each county will be asked to contribute 10 percent matching funds.

* Learned approximately 200 West Tennessee households participated in a recent household hazardous waste collection day in Dyersburg. Ersley McLemore, who coordinated the local collection, said the state held 39 collection days last year, 18 this year and expects to hold no more than 10 next year. Dyer County may or may not get one. "We're taking steps backwards," McLemore said.

Although the state has asked residents not to bring latex paint to the collection site, quite a bit of paint was turned in. McLemore said state officials want counties to handle waste paint. Latex paints may be poured into sawdust, allowed to dry and then taken to a landfill. Oil-based paints and enamels should be packed into barrels (purchased by the counties) and held until the state sends someone to pick it up for proper disposal.

McLemore is cautious about that. If the state fails to pick up the barrels of paint, the county will be considered a hazardous waste generator and will be required to pay large sums of money to properly dispose of the accumulated paint.

"If you do things on your own, there are going to be problems," he told fellow board members.

The regional solid waste board is scheduled to meet again at 6 p.m. March 4 at the Dyer County Building and Zoning Office on Pioneer Road.