Tenn. Comp. R. & Regs. 0400-11-01-.07 - FEE SYSTEM FOR NON-HAZARDOUS DISPOSAL AND CERTAIN NON-HAZARDOUS PROCESSORS OF SOLID WASTE

(1) General
(a) Purpose - The purpose of this rule is to establish a system and schedule whereby certain fees shall be levied and collected by the Commissioner. Expenditure of such fees collected shall be restricted to operation of the non-hazardous solid waste management program established pursuant to the Act. Any unencumbered and any unexpended balance shall be maintained in the fund until expended in accordance with this Act.
(b) Applicability - The requirements of this rule apply as specified to the following persons:
1. All disposal, processing, and transfer facilities having a permit issued under the Act or subject to the permit requirements of Rule 0400-11-01-.01 et seq.
2. Facilities having a permit-by-rule pursuant to Rule 0400-11-01-.02.
3. Persons requiring a waste evaluation that requires reviewing analytical data and/or material safety data sheets.
4. The annual maintenance fee shall not apply to any facility that recovers and/or recycles seventy-five (75) percent of materials received. The owner/operator must maintain records that support the seventy-five percent recovery and/or recycling rate. Records shall be maintained as per paragraph (3) of Rule 0400-11-01-.08.
5. These fees shall not apply to facilities that are required by regulatory mandate to submit revised plans.
6. These fees shall not apply to convenience centers.
7. Each classification of disposal, processing, or transfer facility on a site must pay fees as specified in paragraph (2) and (3) of this rule.
(2) Application Filing/Processing Fees
(a) Any person who applies for a permit, permit-by-rule, special waste evaluation or special waste recertification pursuant to part (1)(b)3. of this rule, shall pay the specified amount in subparagraph (b) of this paragraph with the application.
(b) Fee Schedule

1. Disposal Facility

(i) Class I

Hydrogeologic

$ 4,000

Design and Construction Plans

$ 6,000

(ii) Class II

Hydrogeologic

$ 4,000

Design and Construction Plans

$ 6,000

(iii) Class III

$ 3,000

2. Processing Facility

$ 1,000

3. Major Modifications

$ 2,000

4. Special Waste Evaluation

$ 300

5. Transfer Station

$ 500

6. Transfer of Ownership

$ 1,000

7. Special Waste Recertification

$ 150

(3) Annual Maintenance Fees
(a) Any person who has a permit during any year shall pay the fee specified in subparagraph (c) of this paragraph by October 1 of that year.
(b) Any person who receives a permit or completes final closure after July 1 of any year shall pay a proportionate share of the fee based on the number of days the facility is permitted.
(c) Fee Schedule

1. Disposal Facilities

(i) Class I (Tons/Year)

(I) Greater than 50,000

$15,000

(II) 25,000 to 50,000

$10,000

(III) Less than 25,000

$ 5,000

(IV) Zero Tons (Post Closure Period)

$ 1,000

(ii) Class II (Tons/Year)

(I) Greater than 1,000 T

$10,000

(II) Less than 1,000 T

$ 4,000

(iii) Class III (Tons/Year)

(I) Greater than 10,000

$ 4,000

(II) Less than 10,000

$ 3,000

(iv) Class IV (Tons/Year)

(I) Greater than 10,000

$ 4,000

(II) Less than 10,000

$ 3,000

2. Processing Facilities

$ 3,000

3. Transfer Station

$ 1,500

4. Reserved.

5. Land Application Facility

$ 100

(4) Baled Waste Inspection Fee - Any facility that intends to receive baled waste that was not baled in accordance with a permit issued in accordance with the Solid Waste Management Act, shall pay a $3.00 per bale inspection fee prior to the receipt of the waste.
(5) Facility Inspection Fee - Any person who has a municipal solid waste disposal facility permit or incinerator permit that receives waste is assessed a facility inspection fee of $0.35 on each ton of municipal solid waste received. This fee shall be calculated in the same manner and paid at the same time as the surcharge in Rule 0400-11-01-.08.
(6) Schedule for timely action on permit applications:
(a) A completeness determination must be reviewed and the applicant notified within the following time frames:

1. Hydrogeologic Report for Disposal Facilities

30 days

2. Design and Construction Plans for Disposal & Compost Facilities

45 days

(b) Permit application shall be acted upon (issued or denied) by the Department within the following time after the application is certified to be complete:

1. Disposal Facility

(i) Class I

270 days

(ii) Class II

270 days

(iii) Class III

240 days

2. Processing Facility

(i) Permit By Rule

90 days

(ii) Compost Facility

120 days

3. Major Modification

(i) Regulatory Requirement

180 days

(ii) Application

(I) Plans Only

240 days

(II) Hydrogeologic

270 days

4. Minor Modifications

(i) Engineering Review

90 days

(ii) Reserved.

5. Waste Evaluation

30 days

(c) The time periods in this paragraph shall be stayed if:
1. The applicant requests that review be suspended.
2. The department issues a written notice of deficiency and until the applicant adequately addresses said deficiency.
3. Local government approval is required under T.C.A. § 68-211-701.
(d) Should the Department not issue or deny a permit as specified in subparagraph (b) of this paragraph, the application fee shall be refunded with interest. The Board shall be provided a quarterly update as to the status of all permits.

Notes

Tenn. Comp. R. & Regs. 0400-11-01-.07
Original rule filed June 19, 2012; effective September 17, 2012. Amendments filed October 1, 2019; effective 12/30/2019.

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; 68-211-101, et seq.; and 68-211-801, et seq.

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