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Commissioner raises 1989 landfill opt-in law; county to consider drafting local legislation
Summary
A commissioner advised the county has not opted into a 1989 law that would give the county commission approval authority over new landfills; staff agreed to draft legislation for further discussion at a future meeting.
A commissioner raised a legal issue he had seen at a seminar: a law enacted in 1989 allows counties to "opt in" so that local county commissions may approve new landfills within the county. He said Cheatham County is not currently on the list of counties that have opted into that law, and therefore, under current practice the Tennessee Department of Environment and Conservation would have primary authority for new landfill approvals in the county.
The commissioner recommended the county consider drafting local legislation to opt into the 1989 law so that the county commission would have an approval role for any new landfill in Cheatham County, including those inside city limits (which would also require city approval if within a mile of city limits). The commission asked staff to begin drafting proposed legislation and to possibly hold an additional meeting to discuss the issue before bringing it back to the full commission.
No formal action was taken at the workshop; the commissioner said he would begin drafting proposed language and staff will coordinate next steps.
