Is EWS violating the Jackson Law?

Is EWS violating the Jackson Law?

Created by protester on May 8, 2012

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Since: Oct 11

Location hidden

#1 May 8, 2012
If I read this correctly, the Jackson Law does NOT apply to the Aluminum Dross Landfill. And I do NOT work at Dupont.
Wherever you're getting your information, either they don't understand what they read, if they're read it, or they're not being honest with you. Either one is not a good Leader nor Activist for any "Cause"!

Click here:
http://www.mtas.tennessee.edu/KnowledgeBase.n...

Since: Oct 11

Location hidden

#2 May 8, 2012
...if they read it...
to bad ur wrong

Paris, TN

#3 May 8, 2012
"THE JACKSON LAW"

Tennessee Code Annotated, Title 68, Chapter 211, Part 7

LOCAL APPROVAL OF SOLID WASTE FACILITIES

68-211-701. Required approval.

No construction shall be initiated for any new landfill for solid waste disposal or for solid waste processing until the plans for such new landfill have been submitted to and approved by:



(1) The county legislative body in which the proposed landfill is located, if such new construction is located in an unincorporated area;



(2) Both the county legislative body and the governing body of the municipality in which the proposed landfill is located, if such new construction is located in an incorporated area; or

(3) Both the county legislative body of the county in which such proposed landfill is located and the governing body of any municipality which is located within one (1) mile of such proposed landfill.

[Acts 1989, ch. 515,§ 3; T.C.A.,§ 68-31-701; Acts 1995, ch. 5,§ 1.]

THE COUNTY LEGISLATIVE BODY NEVER APPROVED EWS. The CITY OF CAMDEN NEVER APPROVED OF EWS.
Mayor Webb AND Mayor Wiseman signed the agreements with out permission from the commission and alderman.

NO PUBLIC HEARING TOOK PLACE

68-211-703. Public notice - Comments - Public hearing.
EWS Must Die

United States

#4 May 8, 2012
MTAS is not the law. They and CTAS have been wrong many times. A court of law will make that call. If the law doesn't provide justice the people will.

Since: Oct 11

Location hidden

#5 May 8, 2012
Since you People obviously won't click on the Link & read it carefully, here it is:

Re: Application of Jackson Law to private landfill

Dear City Attorney:

You have asked for an opinion on whether the so-called Jackson Law (Tennessee Code Annotated,§ 68-211-701, et seq.) applies to a landfill developed by private companies and used for the disposal only of solid waste generated by the companies and not for county or municipal waste or household garbage. In my opinion, the Jackson Law does not apply to such a landfill.

The Jackson Law requires local approval by the county and the municipality, if any, in which a landfill is to be located that will accept municipal and county solid waste and household garbage. This law also establishes procedures for the granting of this approval. This law is a local option law for the county or municipality in question, and I will assume for purposes of this opinion that it has been locally approved by the applicable jurisdictions. The operative provision of this law that provides an exception from these requirements for private landfills is T.C.A.§ 68-211-706(a):

The provisions of this part shall not apply to any private landfill which accepts solid waste solely generated by its owner and does not accept county or municipal solid waste or ordinary household garbage.

The landfill in question is proposed as a joint venture between Company A and Company B. It will accept only solid waste generated by these companies. It will not receive solid waste from any other source, including the county or municipality or households.

I also note that the zoning ordinance of your City must be amended to allow the landfill to be located in what is now a rural residential district by changing the area to heavy manufacturing. The proposed amendment allowing the landfill in the heavy manufacturing district and including it as a permitted principal use is:

“Company C” Landfill Operations which accepts (sic) solid waste generated by its owners and does not accept county or municipal solid waste or ordinary household garbage, subject to approval of the Tennessee Department of Environment and Conservation, Division of Solid Waste Management.

This language also comports with that in the Jackson Law that provides for the exemption from the particular local approval scheme in the Jackson Law for private landfills. If the landfill receives the necessary approvals and is constructed, therefore, it will have to conform to the language in the zoning ordinance that requires that it accept only the solid waste generated by the owners and no other solid waste.

I hope this is helpful. If you have other questions, please call.

Sincerely,

Dennis Huffer
Legal Consultant


to bad ur wrong

Paris, TN

#6 May 8, 2012
Perhaps it is you that fail to read and understand the question posed to MTAS.
"MTAS was asked whether the Jackson Law applies to a landfill developed by private companies and used for the disposal only of solid waste generated by the companies."
The landfill must be for disposal of solid waste generated by the company that is operating the private landfill.

In short, if you own a company and want to have a private landfill to dispose of your own trash the Jackson Law would not apply. If you own a private landfill and you truck in trash from other sources then the Jackson Law applies.

"The provisions of this part shall not apply to any private landfill which accepts solid waste solely generated by its owner and does not accept county or municipal solid waste or ordinary household garbage.

The landfill in question is proposed as a joint venture between Company A and Company B. It will accept only solid waste generated by these companies. It will not receive solid waste from any other source, including the county or municipality or households."

Open the Word Doc.
http://www.mtas.tennessee.edu/KnowledgeBase.n... $FILE/Application%20of%20Jacks on%20Law%20to%20Private%20Land fill%20public.doc associated with the link you posted to read the full statement and reply, not just the part posted on the link page.

Since: Oct 11

Location hidden

#7 May 8, 2012
Do you read the difference? The Post put up by "too bad ur wrong" is referring to a Landfill that takes County & City Waste & Garbage...ie. the Landfill on Hwy. 70W.

The Post I put up is referring to Landfills that DO NOT TAKE County & City Waste Garbage...ie. the Aluminum Dross Landfill...that's the difference, according to this Legal Consultant's opinion, based on the TN Code Annotated cited in the Post.

I'm not defending the Landfill, but I am defending my statement that, based on what I've read from People who should know, the Jackson Law does NOT apply to the Aluminum Dross Landfill...the Landfill on 70W. that takes County & City Waste & Garbage, YES...the Aluminum Dross Landfill that does not, NO!
to bad ur wrong

Paris, TN

#8 May 8, 2012
Re: Application of Jackson Law to private landfill

Dear City Attorney:

You have asked for an opinion on whether the so-called Jackson Law (Tennessee Code Annotated,§ 68-211-701, et seq.) applies to a landfill developed by private companies and used for the disposal only of solid waste generated by the companies and not for county or municipal waste or household garbage. In my opinion, the Jackson Law does not apply to such a landfill.

The Jackson Law requires local approval by the county and the municipality, if any, in which a landfill is to be located that will accept municipal and county solid waste and household garbage. This law also establishes procedures for the granting of this approval. This law is a local option law for the county or municipality in question, and I will assume for purposes of this opinion that it has been locally approved by the applicable jurisdictions. The operative provision of this law that provides an exception from these requirements for private landfills is T.C.A.§ 68-211-706(a):

The provisions of this part shall not apply to any private landfill which accepts solid waste solely generated by its owner and does not accept county or municipal solid waste or ordinary household garbage.

The landfill in question is proposed as a joint venture between Company A and Company B. It will accept only solid waste generated by these companies. It will not receive solid waste from any other source, including the county or municipality or households.

I also note that the zoning ordinance of your City must be amended to allow the landfill to be located in what is now a rural residential district by changing the area to heavy manufacturing. The proposed amendment allowing the landfill in the heavy manufacturing district and including it as a permitted principal use is:

“Company C” Landfill Operations which accepts (sic) solid waste generated by its owners and does not accept county or municipal solid waste or ordinary household garbage, subject to approval of the Tennessee Department of Environment and Conservation, Division of Solid Waste Management.

This language also comports with that in the Jackson Law that provides for the exemption from the particular local approval scheme in the Jackson Law for private landfills. If the landfill receives the necessary approvals and is constructed, therefore, it will have to conform to the language in the zoning ordinance that requires that it accept only the solid waste generated by the owners and no other solid waste.

I hope this is helpful. If you have other questions, please call.

Sincerely,

Dennis Huffer
to bad ur wrong

Paris, TN

#9 May 8, 2012
"It will accept only solid waste generated by these companies. It will not receive solid waste from any other source, including the county or municipality or households. "
to bad ur wrong

Paris, TN

#10 May 8, 2012
The fact that they take solid waste from other sources makes them fall under the Jackson Law.
to bad ur wrong

Paris, TN

#11 May 8, 2012
Really Sassy wrote:
Do you read the difference? The Post put up by "too bad ur wrong" is referring to a Landfill that takes County & City Waste & Garbage...ie. the Landfill on Hwy. 70W.
The Post I put up is referring to Landfills that DO NOT TAKE County & City Waste Garbage...ie. the Aluminum Dross Landfill...that's the difference, according to this Legal Consultant's opinion, based on the TN Code Annotated cited in the Post.
I'm not defending the Landfill, but I am defending my statement that, based on what I've read from People who should know, the Jackson Law does NOT apply to the Aluminum Dross Landfill...the Landfill on 70W. that takes County & City Waste & Garbage, YES...the Aluminum Dross Landfill that does not, NO!
Do you read the difference? Read the Word Doc. At the top of the link YOU provided.

Since: Oct 11

Location hidden

#12 May 8, 2012
to bad ur wrong wrote:
Perhaps it is you that fail to read and understand the question posed to MTAS.
"MTAS was asked whether the Jackson Law applies to a landfill developed by private companies and used for the disposal only of solid waste generated by the companies."
The landfill must be for disposal of solid waste generated by the company that is operating the private landfill.
In short, if you own a company and want to have a private landfill to dispose of your own trash the Jackson Law would not apply. If you own a private landfill and you truck in trash from other sources then the Jackson Law applies.
"The provisions of this part shall not apply to any private landfill which accepts solid waste solely generated by its owner and does not accept county or municipal solid waste or ordinary household garbage.
The landfill in question is proposed as a joint venture between Company A and Company B. It will accept only solid waste generated by these companies. It will not receive solid waste from any other source, including the county or municipality or households."
Open the Word Doc.
http://www.mtas.tennessee.edu/KnowledgeBase.n... $FILE/Application%20of%20Jacks on%20Law%20to%20Private%20Land fill%20public.doc associated with the link you posted to read the full statement and reply, not just the part posted on the link page.
My understanding is that EWS is privately-owned by a Group extremely well educated & Wealthy Men from Nashville. If this is true, then do you know who they are & if they own any part of the Plant that the Aluminum Dross is coming from. BTW, I was told that "Scepter" produces Aluminum Dross, but that it is sold to be used for other purposes. But, it is possible that this Dross is just the last unsaleable waste that is left from the complete process, including the waste that can be sold & reused. I don't know if Dupont produces Aluminum Dross or not.

Since: Oct 11

Location hidden

#13 May 8, 2012
Who is in charge of your Group fighting this Landfill...or who is your Leader, or Spokesperson, etc.?
sassy is an idiot

United States

#14 May 8, 2012
I see a chain every time Sassy is losing she throws in wealth and well educated. When all that means is the power to pay people off. Saasy do us all a favor and drink a glass of ammonia.
to bad ur wrong

Paris, TN

#16 May 8, 2012
citizens are in charge of the protest we are all leaders.

Since: Oct 11

Location hidden

#17 May 8, 2012
to bad ur wrong wrote:
<quoted text>
Do you read the difference? Read the Word Doc. At the top of the link YOU provided.
I read the entire document, but I am not an Attorney & I can't interpret all the Legal "intentions" that an Attorney can, in this document. That's why I posted the Legal Consultants opinion. He is paid to intrepret & provide his opinion , even to Lawyers, as he is doing in this Case to the "City attorney".
But, it would seem to me that if you don't know what Business Holdings in what Companies that might produce Aluminum Dross, the Owners of EWS have, then there would be no way of knowing that the Jackson Law applies. Part Ownership, Controlling Stock Interests, or even a Major Stock Holder in any company that will use the Landfill as their disposal site, might be all the Legal Requirement necessary, for the Jackson Law NOT to apply!
to bad ur wrong

Paris, TN

#18 May 8, 2012
68-211-706. Applicability - Private, municipal or county landfills.



(a) The provisions of this part shall not apply to any private landfill which accepts solid waste solely generated by its owner and does not accept county or municipal solid waste or ordinary household garbage.



(b) The provisions of this part shall not apply to any municipal or county owned and/or operated landfill.

KEY WORDING HERE "which accepts solid waste solely generated by its owner"

to bad ur wrong

Paris, TN

#19 May 8, 2012
It required THE APPROVAL OF THE county commission and the city alderman AND IT did not get that approval. period. end of debate.

Since: Oct 11

Location hidden

#20 May 8, 2012
sassy is an idiot wrote:
I see a chain every time Sassy is losing she throws in wealth and well educated. When all that means is the power to pay people off. Saasy do us all a favor and drink a glass of ammonia.
That's the problem with People in Benton County...anything that they don't want to hear that might impact what they want to accomplish, they just start ridiculing the One who calls it to their attention & that serves no purpose , other than to destroy their delusion & maybe stop some People from using the honest People & their money, to fight what some may know is a losing battle.
People, just make sure that you're not victimized twice, once by the Owners of the Landfill & County/City Officials & again, by somebody who might try to get your money for something that they know is NOT going to happen!
I'm not accusing , I'm just warning to be cautious with your efforts & your money! Make sure you know what both are being used for & how much & the results, down to the last detail & dollar amounts!

Since: Oct 11

Location hidden

#21 May 8, 2012
Wealth & educated means that they have the Resources & the Knowledge to cross all their "T's" & dot all their "I's". They did not gain their Wealth by making stupid mistakes in business. You can bet your bottom dollar that if some of them are not Lawyers, themselves, that they have a batter of very good Lawyers on Retainer, that went over these Contracts with a fine-toothed comb & made sure that all the Laws were adhered to or that they bought off the Right People, so there would be no Legal Recourse that they would lose, before they invested the money they have already invested in this Landfill! Reality is reality whether you like it or not!

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