Final version of scenic river protection bill scraps exemption for current landfill permits

Before sending a bill to the governor granting the Duck and Buffalo rivers protection against landfills, Tennessee lawmakers scrapped a last-minute amendment that would have exempted current landfill permit holders.

The bill designates nearly all of the Duck River, Buffalo River and their tributaries as Class II pastoral waterways. The classification comes with rules barring mining, commercial timber harvest and landfills within two miles of scenic waterways. Agriculture and other traditional rural uses may continue.

The state House added an amendment to the bill on April 9, specifying that the bill would not bar construction, operation or expansion of landfills that have a valid permit prior to the bill’s passage. 

The amendment’s application would have been narrow — of the nine landfill permits issued within the two-mile prohibition zone along the Duck and Buffalo rivers, only three remain “active,” according to the Tennessee Department of Environment and Conservation. Having an “active” permit does not mean there is landfill activity happening on the site. One of the active permit sites is owned by the Maury County government, and was never constructed. Another site is owned by a graphite materials company.

The amendment would not have applied to a site formerly owned by the Monsanto Chemical Company, though it has an “active” permit, because the site was already restricted for landfill use by a separate scenic river bill in 2023. The landfill site’s owners sued over blocked plans for  landfill expansion, and the case remains pending in Davidson County Chancery Court.

The state Senate, which unanimously approved the bill without any amendments in February, refused to adopt the House’s changes. 

The House reconsidered its actions in adopting the amendment on April 16, and approved the Senate’s version of the bill with a 77-9 vote, with eight representatives not voting.

As of Wednesday, both the House and Senate speakers signed the bill’s final version.