Section 1680-02-04-.02 - DEFINITIONS(ALPHABETICAL ORDER)
(1) Abandoned junkyard shall mean any junkyard located within the control area which is not operated as a business or used for any other purpose whatsoever; or, to which no one claims ownership.(2) Automobile graveyard shall mean any establishment or place of business which is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Ten (10) or more such vehicles will constitute an automobile graveyard.(3) Automotive dismantler and recycler means any person, firm, association, corporation, or trust resident or nonresident, who is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors.(4) Control area means all areas inside the boundaries of this state which are within 1,000 feet of the nearest edge of the right-of-way of any highway which is part of the interstate or primary highway systems.(5) Department means the Tennessee Department of Transportation.(6) Ferrous material means any man-made product composed primarily of iron or an iron alloy. This definition includes, but is not limited to, such items as appliances, equipment, mechanical devices, or parts thereof.(7) Grandfathered junkyard means a junkyard which was lawfully in existence and adjacent to an interstate or primary highway on May 25, 1967, and which does not conform with the location restriction of rule 1680-2-4-.03.(8) Industrial activities means those activities permitted only in industrial zones or in less restrictive zones by the nearest zoning authority in the state or prohibited by such authority, but generally recognized as industrial by other zoning authorities within the state except that none of the following shall be considered industrial activities for the purpose of establishing an unzoned industrial area: (a) Outdoor advertising structures;(b) Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to wayside fresh produce stands;(c) Activities normally and regularly in operation less than three months of the year,(d) Transient or temporary activities;(e) Activities not visible from the traffic lanes of the main traveled way;(f) Activities more than 300 feet from the nearest edge of the main traveled way,(g) Activities conducted in a building principally used as a residence;(h) Railroad tracks, minor sidings, and passenger depots;(i) Junkyards, as defined in Title 23, United States Code Section 136.(9) Junk shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous materials.(10) Junkyard shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. This definition includes scrap metal processors, used auto pads yards, yards providing temporary storage of automobile bodies or parts awaiting disposal as a normal part of the business operation when the business will continually have like materials located on the premises, garbage dumps and sanitary landfills. Provided, however, a "junkyard" shall not be construed to include a recycling center.(11) Main traveled way shall mean the traveled way of a highway on which through traffic is carried. In case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.(12) Nonconforming Junkyard means any junkyard lawfully existing outside the control area of an interstate or primary highway after to May 25, 1967, which subsequently lies within the control area of an interstate or primary highway as a result of new highway construction or a change in highway system classification, and which does not conform with the location restrictions of rule 1680-2-4-.03.(13) Nonferrous material means any man-made product composed primarily of metals or substances other than iron or an iron alloy. This definition includes, but is not limited to, such items as clothing, furniture, tires, and building materials.(14) Old means discarded or no longer in use.(15) Person means any individual, firm, agency company, association, partnership, business, trust, joint stock company, body politic, or corporation.(16) Recycling center means an establishment, place of business, facility or building which is maintained, operated, or used for the storage, keeping, buying or selling of newspaper or used food or beverage containers for the purpose of converting such items into a usable product.(17) Ruined means irreparably damaged; or damaged to an extent that repair or restoration is not feasible.(18) Scrap or scrapped means rejected, discarded, or no longer being of enough worth or effectiveness to retain; or being useful only for recycling, re-processing, or for the salvage of parts or material content.(19) Screen or screening means a naturally occurring barrier or a barrier constructed of suitable materials, as defined by the Department, which is capable of concealing a junkyard from the view of the main traveled way, year-round.(20) Pash dump means an open-air site or facility which is used for the disposal of trash, refuse, garbage or other discarded materials.(21) Unzoned industrial area means the land occupied by a regularly used building, parking lot, storage or processing area of an industrial activity and that land within 1,000 feet thereof which is: (a) Not zoned by state or local law, regulation, or ordinance.(b) Located on the same side of the highway as the principal part of said activity.(c) Not predominantly used for residential or commercial purposes.(22) Wrecked means broken, damaged, disabled, dilapidated, or partially ruined.Tenn. Comp. R. & Regs. 1680-02-04-.02
Original rule filed August 31, 1982; effective September 30, 1982. Repealed and new rule filed June 1, 1992; effective July 16, 1992. Rule has been assigned a new control number from 1680-7-1-.02 filed and effective February 1, 2003.Authority: T.C.A. §§ 54-20-104(a)(3) and 54-20-106; 23 U.S.C., §136.