ORDINANCE NO. BL2016-484

An ordinance making applicable to Metropolitan Government the provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated to require local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities.

WHEREAS, the general law codified in Tennessee Code Annotated, Title 68, Chapter 211, Part 7, known as the Jackson Law, provides for local approval of the construction of privately owned landfills; and

WHEREAS, T.C.A. § 68-211-707 specifically permits local government legislative bodies to make applicable the provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated which requires local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities and prior to the issuance of a permit by the department of environment and conservation or the commissioner; and

WHEREAS, the procedures of the Jackson Law cannot be used by a county or municipality unless it is use approved by a two-thirds (2/3) majority vote of the county legislative body or governing body of the municipality; and

WHEREAS, while the Metropolitan Code of Laws currently requires all requests for special exceptions, including sanitary landfills and waste transfer facilities, to be approved by resolution of the Metropolitan Council prior to consideration by the board of zoning appeals, adoption of the Jackson Law would add disclosure requirements under T.C.A. §68-211-703 and evaluation criteria under T.C.A. §68-211-704 that may not necessarily be applied to special exception approvals.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated to require local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities are hereby made applicable to The Metropolitan Government of Nashville and Davidson County.

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Nick Leonardo, Jeremy Elrod, Mina Johnson

LEGISLATIVE HISTORY

Introduced: November 15, 2016
Passed First Reading: November 15, 2016
Referred to: Public Works Committee
Deferred to January 3, 2017: December 6, 2016
Deferred to February 7, 2017: January 3, 2017
Deferred Indefinitely by Rule 23: February 7, 2017
Placed back on Agenda for: April 18, 2017
Passed Second Reading: April 18, 2017 - Roll Call Vote
Passed Third Reading:  
Approved:  
By:  
Next Consideration: May 2, 2017

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.