Public Chapter 343


By Representatives Walley, Fitzhugh

Substituted for: Senate Bill No. 1599

By Mr. Speaker Wilder

AN ACT to amend Tennessee Code Annotated, Title 67 and Title 68, Chapter 211, relative to establishing a means for collecting the solid waste disposal fee.


SECTION 1. Tennessee Code Annotated, Section 68-211-835(g), is amended by adding the following new subdivision:

(4) In any county having a population of not less than nineteen thousand three hundred (19,300) nor more than nineteen thousand six hundred (19,600) or not less than twenty-two thousand two hundred (22,200) nor more than twenty-two thousand five hundred (22,500) or not less than twenty-three thousand three hundred (23,300) nor more than twenty-three thousand four hundred (23,400) according to the 1990 Federal Census or any subsequent Federal Census, the solid waste disposal fee authorized by this subsection shall be subject to the same penalty and interest as delinquent property taxes if not paid within thirty (30) days after notice of such fee is mailed. The unpaid fees, penalty, interest and cost shall be a lien on the real estate and improvements thereon upon filing of a notice with the office of the register of deeds of the county in which the property lies. Such lien shall be in favor of the jurisdiction, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. The notice shall identify the debtor, owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien. No sale or transfer, including, but not limited to, a transfer to a heir-at-law, assignee or legatee of such real property may be legally closed and recorded until the lien has been satisfied. The same shall apply if the property is to be made the subject of a contract of sale. Upon the sale or transfer of the real property, the successor, successors or assigns shall be required to withhold a sufficient amount of the purchase money to cover the amount of the fees, interest, penalty and cost. The jurisdiction may collect the delinquent fees, penalty, interest and cost through an action for debt filed in any court of competent jurisdiction.

SECTION 2. Tennessee Code Annotated, Section 68-211-111(a)(1), is amended by deleting subdivision (E) and substituting instead the following:

One (1) person engaged in the business of management of solid wastes or hazardous materials to be appointed by the Governor.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.