Section 65-28-203 - Construction and operation of landfill methane facility

Any person, with the consent of the owner of any landfill where landfill methane may be produced, and in compliance with all applicable laws, may construct and operate a facility for extracting, purifying, dehydrating, or otherwise treating landfill methane, for the purpose of preparing such landfill methane for transportation and sale to any person for use as a substitute for natural gas. No person constructing or operating any such facility or transporting or selling any landfill methane produced or treated in any such facility to any other person shall be considered to be engaged in the retail distribution of natural gas to the maximum extent of operations, transportation, or sale of all landfill methane volumes produced, transported, and sold, wherever such volumes may be sold and delivered, and whether or not such landfill methane is combined or intermixed after production with natural gas for transportation or sale.Acts 2005, ch. 361, § 4.