68-211-871 - Annual report Contents Annual progress report Sanctions for noncompliance Annual reports by recovered materials facilities.

68-211-871. Annual report Contents Annual progress report Sanctions for noncompliance Annual reports by recovered materials facilities.

(a)  The department shall make available on its web site, by January 1 of each year, the forms and information to be used by the regions to file an annual progress report. Each region shall submit the annual report to the commissioner by March 31 for the immediately preceding calendar year, in a format to be determined by the commissioner, which will include data on the following:

     (1)  Collection;

     (2)  Recycling;

     (3)  Transportation;

     (4)  Disposal;

     (5)  Public costs; and

     (6)  Any other information that the board, by rule, deems relevant to solid waste planning and management.

(b)  After approval of the plan required by § 68-211-814, the commissioner shall require that a region submit an annual progress report on implementation of such plan in conjunction with the annual report required by this section.

(c)  The region may require each person actively and regularly engaged in the collection, transportation and disposal of municipal solid waste, or the recovery or recycling of materials, in the county or counties constituting the region to provide any information necessary for the region to comply with the reporting requirements of this section.

(d)  The region may bring an action for mandatory injunction in the chancery court against any person failing to properly report in accordance with the provisions of this section in order to compel compliance. The region shall be entitled to recover all costs and attorney's fees from any person failing to comply with the reporting requirements of this section.

(e)  Any person operating a recovered materials processing facility shall report annually the quantities of recovered materials processed at that facility, by type of material, directly to the department or its designee, in a manner approved by the department. The department may enter into agreements with private recycling organizations to facilitate the gathering of such information. Such information shall be treated as proprietary information but may be compiled and reported in cumulative statewide totals, by type of recovered material. Such information may not be released to the public in such a manner as to identify it with an individual recovered materials processing facility. A recovered materials processing facility which fully complies with the reporting requirements of this subsection shall not be subject to the reporting requirements of subsection (c), for information solely related to the operation of the recovered materials processing facility.

[Acts 1991, ch. 451, § 49; T.C.A., § 68-31-871; Acts 1995, ch. 501, § 3; 1996, ch. 846, § 41; 2007, ch. 462, § 18.]