Ga. Comp. R. & Regs. R. 391-3-4-.02 - Solid Waste Handling Permits
(1) Solid Waste Handling Permits Required. No
person shall engage in solid waste handling or construct or operate a solid
waste handling facility, except those individuals exempted from the provisions
of the Georgia Comprehensive Solid Waste Management Act, under the provisions
of O.C.G.A.
12-8-30.10 or O.C.G.A.
12-8-40 or those individuals who
have a permit-by-Rule under Rule
391-3-4-.06, without first obtaining
a permit from the Director authorizing such activity.
(a) Applicability. All new and existing solid
waste handling permits.
(b)
Application Completeness. The Director may issue permits for solid waste
handling provided the application is judged complete and meets the requirements
of the Georgia Comprehensive Solid Waste Management Act and these Rules. Solid
Waste Handling Permits shall be required for, but are not limited to, persons
engaged in the collection, transportation, treatment, utilization, storage,
processing, or disposal of solid wastes, or any combination thereof, except as
exempted by O.C.G.A.
12-8-30.10 or O.C.G.A.
12-8-40 and these Rules and shall
be required for the construction or operation of all solid waste handling
facilities, except as exempted by O.C.G.A.
12-8-30.10 or O.C.G.A.
12-8-40 and these Rules.
(c) Permit Review and Schedule. As of July 1,
2018, all new permits shall be reviewed every five years. All permits issued
prior to July 1, 2018 will be reviewed within five years and will then be
placed on a corresponding five year review schedule.
(d) Permit Review. Each permit for a solid
waste handling facility will be reviewed by the Division every five years and
shall be modified to assure that the facility continues to comply with the
currently applicable requirements of these Rules. The permit review will
require that the permittee submit and revise Design and Operational Plans and
other supporting documents, as necessary, to include any changes to reflect the
facility's current construction and operation. Permit reviews shall be filed
with the Division as either a minor modification or a major modification.
1. In order for permits to remain in effect,
applications for permit review shall be filed at least six (6) months, but not
more than eighteen (18) months prior to the date of scheduled permit
review.
2. Existing solid waste
handling permits shall remain in effect during the review period.
3. If a timely and complete review package
has not been submitted, the solid waste handling facility's right to operate
ceases until a complete application has been
submitted.
(2)
Modification or Revocation of Permits for Cause: the Director may modify or
revoke any permit issued pursuant to O.C.G.A.
12-8-24 if the holder of the
permit found to be in violation of any of the permit conditions; or if the
holder of the permit fails to perform such activity in accordance with the
approved plan; or if such activity creates a threat to human health or the
environment. In the event of modification or revocation of a permit, the
Director shall serve written notice of such action on the permit holder and
shall set forth in such notice the reason for such action.
(3) Permit Modifications at the Request of
the Permittee: all modifications of existing solid waste handling permits shall
be classified as follows:
(a) Major
Modifications include those changes which substantially alter the design of the
facility, management practices, the types of wastes being handled, or the
method of waste handling, and due to the nature of the changes, would likely
have an impact on the ability of the facility to adequately protect human
health and the environment. Major modifications therefore require closer review
and public input than minor modifications. Major modifications shall include,
but are not limited to, the following:
1. A
modification which involves an expansion of an existing landfill's
capacity.
2. A modification which
involves a lateral expansion of a CCR surface impoundment.
3. A modification which adds a new solid
waste handling process. This shall include but not be limited to the addition
of an air curtain destructor, a materials recovery facility, a baling
operation, a shredding operation, a processing operation, a municipal solid
waste or sewage sludge composting operation, or a liquid solidification
operation.
4. A modification which
involves the change of a site suitability requirement which could have impacted
the original siting of the facility.
5. Any other modification which the Director,
in the exercise of his discretion, determines to meet the criteria set forth in
Section (3)(a) of this Rule.
(b) Minor modifications include changes that
do not substantially alter the permit conditions, that do not reduce the
capacity of the facility to protect human health or the environment, or that
enable a permittee to respond in a timely manner to common variations in the
type and quantities of wastes managed, technological advancements, or changes
necessary to comply with new Rules where these changes can be implemented
without substantially changing design specifications or management practices in
the permit. Minor modifications shall include, but are not limited to, the
following:
1. Changing the name of a
facility.
2. A modification which
involves a change in administrative and operational information and maintenance
of operational records.
3. A
modification which involves a change in the sequence of operation.
4. A modification which involves the
relocation of access roads.
5. A
modification which adds or deletes on-site structures.
6. A modification which involves the addition
of or a change to a groundwater or surface water monitoring system.
7. A modification which involves the addition
of or a change to a landfill gas monitoring system.
8. A modification which involves the addition
or deletion of a permit-by-Rule facility.
9. A modification which involves the deletion
of any solid waste handling facility.
10. A modification which involves the
deletion of permitted capacity or acreage.
11. A modification which involves the
addition of or a change to an erosion and sedimentation control
system.
12. A modification which
involves the addition of or a change to a closure or post- closure
plan.
13. A modification which
involves the addition of or a change to a method of leachate
handling.
14. A modification which
involves the addition of or a change to a quality assurance plan.
15. A modification which involves the change
of any compliance schedule which is part of the permit.
16. A modification which involves the
addition of a corrective action plan.
17. A modification which involves a change in
ownership, or in the case of a corporation of over five (5) percent of the
stock in a corporation holding a permit, but does not involve the transfer of
the permit.
18. A modification
which involves the addition of acreage for the purpose of installing monitoring
systems or installing structures for mitigating environmental impacts, where
the original permitted acreage provides insufficient area to complete required
improvements. This modification request must be accompanied by a
hydrogeological assessment as specified in Rule
391-3-4-.05(1)(j).
19. A modification which involves the
addition of or change in a soil or synthetic liner and leachate collection
system to a waste unit holding a valid solid waste handling permit, if it does
not require other significant site redesign.
20. A modification which involves the removal
or recovery of CCR from a CCR unit for the purpose of beneficial use.
(c) All modifications of solid
waste handling permits which are major modifications shall be subject to the
following requirements:
1. Submission of a
completed application for a permit modification.
2. Submission of supporting documents which
accompany the application for a permit modification which describe the exact
change to be made to the permit conditions and supporting documents referenced
by the permit and which explain why the change is needed.
3. Submission of a revised design for the
requested change.
4. Submission of
written verification by the applicant, as required by subparagraph (1)(a) of
Rule 391-3-4-.05,
that the facility, as proposed to be modified, conforms to all local
zoning/land use ordinances, if any.
5. Except for Private Industry Solid Waste
Disposal Facilities, after July 1, 1992, submission of written verification by
the applicant that the facility, as proposed to be modified, is consistent with
the local or regional solid waste management plans and that the host
jurisdiction and the jurisdictions generating solid waste destined to the
facility can demonstrate that they are actively involved in and have a strategy
for meeting the State-wide goal of waste reduction by July 1, 1996. The
verification shall consist of letters from the host jurisdiction and generating
jurisdictions verifying consistency with the approved local solid waste
plan.
6. Except for Private
Industry Solid Waste Disposal Facilities, submission of written verification
that a public hearing was held by the governing authority of the county or
municipality in which the solid waste facility requesting the modification is
located, not less than two weeks prior to granting approval of the
modification. Submission of written verification that notice of such hearing
was posted at the site of such facility and advertised in a newspaper of
general circulation serving the county or counties in which the facility is
located at least thirty (30) days prior to such hearing. A typed transcript of
the hearing must be provided to the Division.
7. Any application for a solid waste disposal
facility vertical expansion shall meet the criteria as established in O.C.G.A.
12-8-24(e)(3).
Any operation of a vertical expansion shall be in accordance with conditions
set forth in the modified permit. Conditions to be included in any such
modified permit shall, at a minimum, include the following:
(i) A minimum 200 foot buffer shall be
provided between the property line and the waste disposal boundary established
by the vertical expansion.
(ii)
Site survey control shall be provided to ensure compliance with the approved
permit modification.
(iii) Erosion
and sedimentation control devices shall be installed, rehabilitated, and
maintained as appropriate to control all surface runoff and sediments from
disturbed areas.
(iv) All areas
exposed for more than three (3) months shall be vegetated.
(v) Closure plans, post-closure plan, and
appropriate financial responsibility shall be maintained and updated as
provided for in the approved permit modification.
(vi) All other conditions of the existing
permit not in conflict with conditions (i) through (v) above.
8. With the exception of major
modifications granted under subparagraph (c)7. of this Rule, all major
modifications shall meet the siting and design standards applicable to new
permit applications in effect on the date the modification is
approved.
(d) All
modifications of solid waste handling permits which are minor modifications
shall be subject to the following requirements:
1. Submission of a written request by the
permit holder requests a minor modification.
2. Submission of supporting documents which
accompany the written modification request which describe the exact change to
be made to the permit conditions and supporting documents referenced by the
permit and which explain why the change is needed.
3. If applicable, submission of a revised
design for the requested change.
4.
For a modification involving a change in ownership covered in subparagraph
(4)(b)17. above, documentation must be provided to insure compliance with
subparagraph (7)(a) below.
(4) Transfer of Permits: permits are not
transferable from one site or facility to another. Permits are transferable
from one person to another provided a new permit application is completed by
the proposed permittee, and the proposed permittee agrees to abide by all the
permit conditions or outstanding orders in effect at the time of the requested
transfer. Prior to the transfer of the permit, the new permittee must
demonstrate compliance with Rule
391-3-4-.13. Until such time as this
is demonstrated, the original permittee shall be fully responsible for
financial responsibility for the facility. Unless notified otherwise by the
Director, within 45 days of receipt by the Division of a properly completed
request for transfer of the permit, the permit transfer shall stand
approved.
(5) Applications for
permits and major permit modifications under O.C.G.A.
12-8-24 shall be on forms as may
be prescribed and furnished from time to time by the Division and shall be
accompanied by all pertinent information as the Division may require.
(6) Material submitted shall be complete and
accurate.
(7) Application for a
permit or for the transfer of a permit shall contain, but shall not be limited,
to the following:
(a) A sworn statement that
the applicant and owner or operator, if different than applicant, for a permit
or, in the case of a corporation, partnership, or association, an officer,
Director, manager, or shareholder of five percent or more of stock or financial
interest in said corporation, partnership, or association:
1. Has not intentionally misrepresented or
concealed any material fact in the application submitted to the
Director;
2. Is not attempting to
obtain the permit by misrepresentation or concealment;
3. Has not been finally convicted in the
State of Georgia or any federal court of any felony involving moral turpitude
within three years immediately preceding the application for a
permit;
4. Has not been convicted
of any violations of any environmental laws punishable as a felony in any state
or federal court within five years preceding the application for a
permit;
5. Has not knowingly,
willfully, and consistently violated the prohibitions specified in O.C.G.A.
12-8-30.7; and
6. Has not been adjudicated in contempt of
any court order enforcing any federal environmental laws or any environmental
laws of the State of Georgia within five years preceding the application for a
permit.
(b) For a permit
application, a statement that the applicant either owns the property on which
the facility is to be located or had the permission of the owner to use the
property for solid waste handling.
(c) For a permit application, in the case of
a regional landfill or a landfill serving more than one county, a list of the
areas to be served.
(d) For a
permit application, written verification of zoning compliance as required by
Rule 391-3-4-.05
paragraph (1)(a).
(e) For a permit
application, a site assessment as required by Rule
391-3-4-.05, except CCR units which
must meet criteria in
391-3-4-.10.
(8) Applications for permits will be reviewed
together with such other information as may be necessary to ascertain the
effect of such solid waste handling upon air, water, and land resources and
human health. Conditions under which the handling will be permitted will be
specified in the permit issued.
(9)
Except for Private Industry Solid Waste Disposal Facilities, each applicant for
a permit shall provide verification that the facility is consistent with the
local or regional solid waste management plans. The verification shall consist
of letters from the host jurisdiction and generating jurisdictions verifying
consistency with the approved local solid waste plans.
(10) Changes to Permit Status. The Director
may approve a request to modify an existing solid waste handling permit to
reflect the change of a facility's operational status. Such changes can include
operating, closure, and post-closure.
Notes
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