E-scrap Recyclers and Recovered Materials Processors

According to Solid Waste Processing and Disposal (Rule 0400-11-01-.02)1(b)3(XV), the storage of solid waste that is recyclable material incidental to its recycling, reuse, reclamation, or salvage provided that upon request of the Commissioner, the operator demonstrates to the satisfaction of the Commissioner that there is a viable market for all stored waste and provided that all waste is stored in a manner that minimizes the potential for harm to the public and the environment. Recyclable material may not be stored for more than one year without written approval from the Division.

All E-scrap recyclers are compelled to submit a Recovered Materials Processing Facility Notification, CN-1605 if they are conducting business in the State of Tennessee. There is no fee associated with sending in this form.

TCA 68-211-802 states that a Recovered Materials Processing Facility (RMPF) is a facility engaged solely in the storage, processing, and resale or reuse of recovered materials. Recovered materials are defined as those materials which have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation processing. Such material is not a solid waste, thus recovered material processing facilities are not solid waste processing facilities and therefore are not subject to Permit-by-Rule criteria.

Per Rule 0400-11-01-.02(1)(b)3(VI) the owner or operator must demonstrate, to the satisfaction of the Commissioner, that there is a viable market for the sale of, or a use or reuse of, the recovered material. Financial assurance will be required for an RMPF if the value of the recovered materials is less than the cost for an independent third party to remove for proper management, all the recovered materials to be stored or processed based on the maximum extent of the facility operation. The financial assurance requirements must take into consideration the amounts and types of recyclable materials recycled at the facility, and the potential closure and post-closure costs associated with the recycling facility; such assurance may consist of posting of a surety bond in an amount sufficient to meet these requirements or other financial instrument but in no case less than ten thousand dollars.