(a) On or after January 1, 2011:
(1) No covered generator shall dispose of a mercury-added consumer product as non-hazardous solid waste under Tenn. Comp. R. & Regs. 1200-1-7; and
(2) A covered generator shall ensure that its discarded mercury-added consumer products are:
(A) Shipped for recycling, treatment, or disposal to either a universal waste destination facility or a hazardous waste management facility that has been permitted to manage such materials by the federal environmental protection agency (EPA) pursuant to the federal Resource Conservation and Recovery Act (“RCRA”), compiled in 42 U.S.C. § 6901 et seq., by a state program that has been authorized by the EPA to implement the pertinent portions of RCRA in the state, or by a foreign government; and
(B) Managed prior to receipt at such universal waste destination facility or hazardous waste management facility in accordance with, as applicable, either:
(i) The hazardous waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.03 — 0400-12-01-.07; or
(ii) The universal waste management requirements of Tenn. Comp. R. & Regs. 0400-12-01-.11.
(b) Any person who separates and collects from a municipal solid waste stream either mercury-added consumer products from generators that are not covered generators, or mercury-containing excluded products shall be subject to the same requirements as covered generators as provided in subsection (a).
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