Tenn. Comp. R. & Regs. 1200-01-07-.02 - PERMITTING OF SOLID WASTE STORAGE, PROCESSING, AND DISPOSAL FACILITIES

(1) General
(a) Purpose - The purpose of this rule is to establish the procedures, documentation, and other requirements which must be met in order for a person to be permitted to operate a solid waste storage, processing or disposal facility in Tennessee.
(b) Scope/Applicability
1. The requirements of this rule apply as specified to operators of facilities in Tennessee. Except as otherwise provided in this rule, no facility can lawfully store, process, or dispose of solid waste unless the operator has a permit.
2. Each classification of disposal, processing, or transfer facility on a site must have a separate permit. However, a processing facility may have more than one unit.
3. The following facilities or practices are not subject to the requirement to have a permit:
(i) Disposal of septic tank pumpings;
(ii) Junkyards;
(iii) Reclamation of surface mines;
(iv) Disposal of farming wastes at facilities which are on the site of generation and with a fill area of less than one acre in areal extent when completed;
(v) Disposal of landscaping and land clearing wastes at facilities which are on the site of generation and with a fill area of less than one acre in areal extent when completed;
(vi) Disposal of construction/demolition wastes at facilities which are on-site of generation and with a fill area of less than one acre in areal extent when completed;
(vii) Burning solid wastes for energy recovery or processing solid wastes to produce a fuel or processing solid waste for materials recovery, provided such burning or processing occurs on the site of generation or at a site owned or operated by the same corporation or subsidiaries of such corporation;
(viii) Processing or disposal of solid wastes at hazardous waste management facilities authorized by permit or interim status under rule 1200-01-11-.07;
(ix) Baling, shredding, and mechanical or other processing of solid waste on the site of generation or at a site owned or operated by the same corporation or subsidiaries of such corporation;
(x) Processing of industrial wastewaters in on-site facilities subject to regulation under T.C.A. § 69-3-101 et seq.;
(xi) Processing or disposal of the following materials:
(I) Domestic sewage and any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned wastewater treatment works for treatment;
(II) Industrial wastewater discharges that are point source discharges subject to permits under T.C.A. § 69-3-101 et seq.;
(III) Irrigation return flows;
(IV) Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended ( 42 U.S.C. 2011 et seq.);
(V) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process;
(VI) Farming wastes which are returned to the soil as fertilizers; and
(VII) Mining overburden returned to the mine site;
(xii) Processing or disposal of solid wastes by deep underground injection which are permitted under the Water Quality Act pursuant to the Underground Injection Control Regulations chapter 1200-04-06.
(xiii) The use of solely natural rock, dirt, stumps, pavement, concrete and rebar, and/or brick rubble as fill material.
(xiv) The use and/or disposal of Petroleum contaminated soil and rock generated from the clean-up of leaking Underground Storage Tank sites regulated under rule 1200-01-15, provided such materials are treated and the benzene level is below 5 ppm and the total petroleum hydrocarbon level is below 100 ppm and provided that the method of treatment was reviewed and approved by the Division of Underground Storage Tanks.
(xv) The processing of waste tires at facilities that are permitted or otherwise authorized by this rule chapter to store and/or dispose of waste tires.
(xvi) The storage of solid waste that is incidental to its recycling, reuse, reclamation or salvage provided that upon request of the Commissioner, the operator demonstrates to the satisfaction of the Commissioner that there is a viable market for all stored waste and provided that all waste is stored in a manner that minimizes the potential for harm to the public and the environment. Material may not be stored for more than one (1) year without written approval from the Division.
(xvii) The storage of solid waste incidental to its collection. (The storage of solid waste at permitted facilities and permit-by-rule facilities and storage in a manner constituting disposal are not exempt from permitting requirements).
(xviii) The collection of "used oil" and/or the processing of used oil filters, provided that the used oil and/or filters are received directly from "do-it-yourselfers" as the terms are defined at T.C.A. § 68-211-1002.
(xix) The processing of landscaping or land clearing wastes or unpainted, unstained, and untreated wood into mulch.
(xx) The land application of both publicly-owned treatment works water sludges and publicly-owned treatment waste water sludges from facilities that are subject to regulatory standards of the Department's Division of Water Supply and Division of Water Pollution Control.
(xxi) The burning of natural and untreated wood, landscaping wastes, landclearing wastes in either an air curtain destructor or by open burning.
(xxii) The beneficial use of waste, which does not constitute disposal, provided that upon request of the Commissioner, the generator demonstrates to the satisfaction of the Commissioner that such use is not detrimental to public health, safety, or the environment.
4. The Commissioner may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility.
5. No permit or other authorization shall be issued or renewed by the Division of Solid Waste Management pursuant to rule chapter 1200-01-07 until all fees and/or penalties owed by the applicant to the Division are paid in full, unless a time schedule for payments has been approved and all payments are current or contested fees or penalties are under appeal.
(c) Permits by Rule
1. All permit by rule facilities shall keep any records that are required by these rules and a copy of its permit by rule authorization at the facility or at another location approved by the Department. Notwithstanding any other provision of this rule, and provided they are not excluded pursuant to part (b) 2 of this paragraph, the following classes of activities shall be deemed to have a permit by rule if the conditions listed are met:
(i) A processing facility, if:
(I) The operator complies with the notification requirement of part 2 of this subparagraph;
(II) The facility is constructed, operated, maintained, and closed in such a manner as to minimize:
I. The propagation, harborage, or attraction of flies, rodents, or other disease vectors;
II. The potential for explosions or uncontrolled fires;
III. The potential for releases of solid wastes or solid waste constituents to the environment except in a manner authorized by state and local air pollution control, water pollution control, and/or waste management agencies; and
IV. The potential for harm to the public through unauthorized or uncontrolled access;
(III) The facility has an artificial or natural barrier which completely surrounds the facility and a means to control entry, at all times, through the gate or other entrances to the facility;
(IV) The facility, if open to the public, has clearly visible and legible signs at the points of public access which indicate the hours of operation, the general types of waste materials that either will or will not be accepted, emergency telephone numbers, schedule of charges (if applicable), and other necessary information;
(V) Trained personnel are always present during operating hours to operate the facility;
(VI) The facility has adequate sanitary facilities, emergency communications (e.g., telephone), and shelter available for personnel;
(VII) The facility's access road(s) and parking area(s) are constructed so as to be accessible in all weather conditions;
(VIII) Except for composting facilities utilizing landscaping and land clearing wastes only, all waste handling (including loading and unloading) at the facility is conducted on paved surfaces;
(IX) There is no storage of solid wastes at the facility except in the containers, bins, lined pits or on paved surfaces, designated for such storage;
(X) Except for incinerators or energy recovery units, there is no burning of solid wastes at the facility;
(XI) There is no scavenging of solid wastes at the facility and any salvaging is conducted at safe, designated areas and times;
(XII) Wind dispersal of solid wastes at or from the facility is adequately controlled, including the daily collection and proper disposal of windblown litter and other loose, unconfined solid wastes;
(XIII) All liquids which either drain from solid wastes or are created by washdown of equipment at the facility go to either (1) a wastewater treatment facility permitted to receive such wastewaters under Tennessee Code Annotated Sections 69-3-101 et seq. (Tennessee Water Quality Control Act), or (2) other methods approved by the Commissioner.
(XIV) The facility receives no special wastes unless:
I. Such receipt has been specifically approved in writing by the Department, and
II. Special procedures and/or equipment are utilized to adequately confine and segregate the special wastes;
(XV) The operator can demonstrate, at the request of the Commissioner, that alternative arrangements (e.g., contracts with other facilities) for the proper processing or disposal of the solid wastes his facility handles are available in the event his facility can not operate;
(XVI) The facility has properly maintained and located fire suppression equipment (e.g., fire extinguishers, water hoses) continuously available in sufficient quantities to control accidental fires that may occur;
(XVII) All waste residues resulting from processing activities at the facility are managed in accordance with this rule chapter or rule chapter 1200-01-11 (Hazardous Waste Management), whichever is applicable, and/or with any other applicable state or federal regulations governing waste management;
(XVIII)The facility is finally closed by removal of all solid wastes and solid waste residues for proper disposal. The operator must notify the Division Director in writing of his completion of closure of the facility. Such notification must include a certification by the operator that the facility has been closed by removal of all the solid waste and residues. Within 21 days of the receipt of such notice the Division Director shall inspect the facility to verify that closure has been completed. Within 10 days of such verification, the Commissioner shall approve the closure in writing to the operator. Closure shall not be considered final and complete until such approval has been made.
(XIX) New solid waste processing facilities shall not be located in wetlands, unless the owner or operator makes the applicable demonstrations to the Commissioner as referenced at rule 1200-01-07-.04(2)(p).
(XX) The facility must not be located in a 100-year floodplain unless it is demonstrated to the satisfaction of the Commissioner that:
I. Location in the floodplain will not restrict the flow of the 100-year flood nor reduce the temporary water storage capacity of the floodplain.
II. The facility is designed, constructed, operated, and maintained to prevent washout of any solid waste.
(XXI) The facility does not:
I. Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or
II. Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.
(XXII) The owner/operator may not store solid waste until the processing equipment has been installed on-site and is ready for use.
(XXIII) The owner/operator of a solid waste processing facility which has a solid waste storage capacity of 1000 cubic yards or greater shall file with the Commissioner a performance bond or equivalent cash or securities, payable to the State of Tennessee. Such financial assurance is intended to ensure that adequate financial resources are available to the Commissioner to insure the proper operation, closure, and post closure care of the facility. The types of financial assurance instruments that are acceptable are those specified in 1200-01-07-.03(3)(d). Such financial assurance shall meet the criteria set forth in T.C.A. § 68-211-116(a) and at rule 1200-01-07-.03(3)(b).
(XXIV) The owners or operators proposing a new solid waste processing facility that handles putrescible wastes located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used only by piston-type aircraft must include in the permit-by-rule notification a demonstration that the facility does not pose a bird hazard to aircraft. The owners or operators proposing a new solid waste processing facility that handles putrescible wastes located within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the appropriate Federal Aviation Administration (FAA) office.
(ii) A coal ash fill area, if:
(I) The coal ash disposed of is not hazardous as defined in rule 1200-01-11-.02(1)(c) of the Hazardous Waste Management Regulations.
(II) The coal ash disposed of is fly ash, bottom ash, or boiler slag resulting primarily from the combustion of fossil fuel.
(III) Disposal is limited to:
I. Coal ash in engineered structures for the following projects: a highway overpass, levee, runway, or foundation backfill.
II. Such other similar uses as the Commissioner may approve in writing. Financial assurance may be required by the Commissioner if deemed appropriate for these case-by-case projects.
(IV) The operator complies with the notification requirement of part 2 of this subparagraph;
(V) The fill area is constructed, operated, maintained, and closed in such a manner as to minimize:
I. The potential for harmful release of solid wastes or solid waste constituents to the environment; and
II. The potential for harm to the public through unauthorized or uncontrolled access;
(VI) The fill area, until development is complete, must have an artificial or natural barrier to control access of unauthorized entry.
(VII) There must be equipment available that is capable of spreading and compacting the coal ash, and capable of handling the earthwork required during the periods that coal ash is received at the fill area.
(VIII) The coal-ash fill project is designed with:
I. A geologic buffer of at least three feet with a maximum saturated conductivity of 1 x 10-6 centimeters per second between the base of the fill and the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer, or such other protection as approved by the Commissioner taking into account site specific coal ash and soil characteristics, ambient groundwater quality, and projected flows in and around the site; and
II. A ground water monitoring program approved by the department that reports sampling results to the department at least once each year. If sampling results indicate that the fill area has caused the ground water protection standards to be exceeded, the owner or operator of the facility shall commence an assessment monitoring program in accordance with regulations adopted by the board and carry-out all corrective measures specified by the Commissioner.
(IX) At the completion of the coal-ash fill project, and no later than 90 days after operations have ceased, the final cover must meet the requirement of at least 24 inches of compacted soil on the coal-ash project area, except for those areas covered by structures, asphalt, concrete (including concrete containing coal ash), or other similar barriers to water infiltration. The upper six inches of this cover shall be able to support the growth of suitable vegetation.
(X) The final surface of the coal-ash fill area is graded and/or provided with drainage facilities in a manner that:
I. Minimizes erosion of cover material (e.g., no steep slopes);
II. Promotes drainage of precipitation falling on the area (e.g., prevents pooling);
III. Provides a surface drainage system which is consistent with the surrounding area and in no way significantly adversely affects proper drainage from these adjacent lands; and
IV. The operator must take other erosion control measures (e.g., temporary mulching or seeding, silt barriers) as necessary to control erosion of the site.
(XI) Dust Control - The operator must take dust control measures as necessary to prevent dust from creating a nuisance or safety hazard to adjacent landowners or to persons engaged in supervising, operating, and using the site. The use of any oils or other chemicals (other than water) for dust suppression must be approved in writing beforehand by the Department.
(XII) Prior to excavation, all bore holes drilled or dug during subsurface investigation of the site, piezometers, and abandoned wells which are either in or within 100 feet of the areas to be filled must be backfilled with a bentonite slurry or other sealant approved by the Commissioner to an elevation at least ten feet greater than the elevation of the lowest point of the fill base (including any liner), or to the ground surface if the site will be excavated less than ten feet below grade.
(XIII) The fill area must not be located in a 100-year floodplain unless it is demonstrated to the satisfaction of the Commissioner that:
I. Location in the floodplain will not restrict the flow of the 100-year flood, nor reduce the temporary water storage capacity of the floodplain.
II. The fill area is designed, constructed, operated, and maintained to prevent washout of any solid waste.
(XIV) There must be installed on-site a permanent benchmark (e.g., a concrete marker) of known elevation.
(XV) New coal ash fill areas and lateral expansions shall not be located in wetlands, unless the owner or operator makes the applicable demonstrations to the Commissioner as referenced at rule 1200-01-07-.04(2)(p).
(XVI) A fill area must not be located in highly developed karst terrain (i.e., sink holes and caves).
(XVII) The coal-ash fill project does not:
I. Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or
II. Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.
(XVIII) Notice in Deed to Property - Except for coal ash fills on federal, state or local government owned right-of-ways, the operator must ensure that, within 90 days of meeting final cover requirements and prior to the sale or lease of the coal ash fill area property, there is recorded, a notation on the deed to the property or on some other instrument which is normally examined during a title search that will in perpetuity notify any person conducting a title search that coal ash has been placed on the property.
(iii) A tire storage facility, if:
(I) The county legislative body, of a county that does not own or operate a permitted Class I, Class III or Class IV facility which is accepting waste tires, complies with the notification requirement of part 2 of this subparagraph; and
(II) The facility is constructed, operated, maintained and closed in a manner consistent with rule 1200-01-07-.04(2)(k) 3(i)(I) and (II) and items (III), (IV), (V), (VI), (VII), (X), (XI), (XIII), (XIV), (XVI), (XVII), (XVIII), (XIX), (XX) and (XXI) of rule 1200-01-07-.02(1)(c) 1(i).
(III) Contracts for disposal or recycling of the shredded tires have been established.
(iv) A convenience center, if:
(I) The operator complies with the notification requirements of Part 2 of this subparagraph;
(II) The operator attaches to his notification all attachments required at rule 1200-01-07-.10(2)(b) 1; and
(III) The facility is designed and operated in compliance with rule 1200-01-07-.10.
(v) A transfer station, if:
(I) The operator complies with the notification requirements of Part 2 of this subparagraph; and
(II) The facility is constructed, operated, maintained, and closed in a manner consistent with items II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVIII, XIX, XX, XXI, and XXIV of rule 1200-01-07-.02(1)(c) 1(i).
(vi) A land application facility, if:
(I) The operator complies with the notification requirements of Part 2 of this subparagraph;
(II) The operator attaches to his notification all attachments required at rule 1200-01-07-.13(1)(c); and
(III) The facility is designed and operated in compliance with rule 1200-01-07-.13.
2. The operator of a facility deemed to have a permit by rule must notify the Department in accordance with the requirements of this part.
(i) No person shall begin operation on a new facility without having submitted notification and received written approval from the Commissioner.
(ii) Notification must be submitted on forms provided by the Department and completed as per the accompanying instructions. It must include, but shall not necessarily be limited to, the following information:
(I) The processing and disposal activities conducted and the types of solid wastes handled;
(II) The name, mailing address, and location of the facility;
(III) The name, mailing address, and telephone number of the applicant and, if the applicant is a government agency, corporation, company, or partnership, that of the process agent or other contact person;
(IV) If different from the operator, the name, mailing address, and telephone number of the landowner, along with a signed letter from such owner to the Department allowing access to the property for purposes of inspection;
(V) A map (e.g., U.S.G.S. 7.5 minute topographic map) which clearly indicates the location of the facility;
(VI) A written narrative must be submitted that describes how the facility/operation will comply with all applicable standards listed in rule 1200-01-07-.02(1)(c) and any other information deemed necessary by the Commissioner; and
(VII) A design plan attached indicating boundaries of the site and all on-site appurtenances.
(iii) The notification under subpart (ii) shall be revised within 30 days of a change in facility ownership with new information as necessary but at a minimum to include changes to subitems (III) and (IV) along with payment of the fee specified at 1200-01-07-.07(2)(b) 6.
3. Duty to Comply - The permittee must comply with all conditions of this permit-by-rule, unless otherwise authorized by the Department in writing. Any permit-by-rule noncompliance constitutes a violation of the Act and is grounds for the assessment of civil penalties by the Commissioner.
(2) Application for a Permit
(a) General
1. Any person who is required to have a permit shall complete, sign, and submit an application to the Commissioner as described in this paragraph.
2. If the property on which a facility is located is owned by a person(s) different from the operator, then that owner(s) must also sign the permit application.
3. The Commissioner shall not issue a permit before receiving a complete application for a permit. An application for a permit is complete when the Commissioner receives an application form and any supplemental information which is completed to his satisfaction.
4. Operators shall keep records of all data and supplemental information used to complete permit applications until the end of the post-closure care period.
5. Five copies of the required permit application must be submitted to the Commissioner.
6. All reports, plans, specifications, and manuals must be prepared in proper technical format, typewritten, and bound (e.g., 3 ring loose-leaf binders).
7. All permit applications will be signed as follows:
(i) For a corporation: by a responsible corporate officer. For the purpose of this part, a responsible corporate officer means (I) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy - or decision making functions for the corporation, or (II) the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(ii) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
(iii) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this part, a principal executive officer of a federal agency includes (I) the chief executive officer of the agency, or (II) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA) or for overall compliance with environmental regulatory requirements of the agency.
8. All reports required by permits and other information requested by the Commissioner shall be signed by a person described in part 7 of this paragraph, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a person described in part 7 of this subparagraph;
(ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, superintendent, or person of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and
(iii) The written authorization is submitted to the Commissioner.
9. If an authorization under part 8 of this subparagraph is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of part 8 of this subparagraph must be submitted to the Commissioner prior to or together with any reports or information to be signed by an authorized representative.
10. Any person signing a document under parts 7 or 8 of this subparagraph shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information."

(b) Permitted Facilities - Permitted facilities shall not be subjected to public notice and public hearings when making permit modifications that are necessary to comply with rules passed subsequent to the issuance of the facility's original permit.
(c) Contents of the Permit Application
1. Contents of the Disposal Permit Application -- A complete permit application shall consist of a Part I with the applicant's disclosure statement and a Part II as described in this subparagraph.
(i) The Part I disposal permit application must be submitted on forms provided by the Department with appropriate attachments which includes a disclosure statement as required by T.C.A. 68-211-106(h). All forms must be completed as per the accompanying instructions. The Part I application must include, but shall not necessarily be limited to, the following information:
(I) The activities conducted or to be conducted by the applicant which require him to obtain a permit under this rule and the general types of wastes handled or to be handled;
(II) The name, mailing address, and location of the facility for which the application is submitted;
(III) The name, mailing address, and telephone number of the applicant and, if the applicant is a government agency, corporation, company, or partnership, that of the process agent or other person who will serve as the primary contact with the Department;
(IV) If different from the applicant, the name, mailing address, and telephone number of the land owner, along with a signed letter from such owner to the Department allowing access to the property for such investigations as may be necessary to determine its suitability as a disposal facility;
(V) The name, mailing address, and telephone number of the zoning authority of jurisdiction (if any), and the current zoning status of the property; and
(VI) A United States Geological Survey (U.S.G.S.) 7.5 minute topographic map extending one-half mile beyond the property boundaries of the facility which clearly depict:
I. The property boundaries;
II. The facility and each of its solid waste processing or disposal units and any hazardous waste treatment, storage, or disposal units (to include past waste disposal units); and
III. Those wells, springs, other surface water bodies, and drinking water wells listed in pubic [public] records or otherwise known to the applicant within 1/4 mile of the facility property boundary.
(ii) The Part II disposal permit application shall consist of those reports, plans and specifications, or other documentation necessary to provide the information specified in rule 1200-01-07-.04(9).
2. Contents of the Compost Facility Permit Application -- A complete permit application shall consist of a Part I with the applicant's disclosure statement and a Part II as described in this subparagraph.
(i) The Part I compost facility permit application must be submitted on forms provided by the Department with appropriate attachments which includes a disclosure statement as required by T.C.A. 68-211-106(h). All forms must be completed as per the accompanying instructions. The Part I application must include, but shall not necessarily be limited to, the following information:
(I) The activities conducted or to be conducted by the applicant which require him to obtain a permit under this rule and the general types of wastes handled or to be handled;
(II) The name, mailing address, and location of the facility for which the application is submitted;
(III) The name, mailing address, and telephone number of the applicant and, if the applicant is a government agency, corporation, company, or partnership, that of the process agent or other person who will serve as the primary contact with the Department;
(IV) If different from the applicant, the name, mailing address, and telephone number of the land owner, along with a signed letter from such owner to the Department allowing access to the property for such investigations as may be necessary to determine its suitability as a composting facility;
(V) The name, mailing address, and telephone number of the zoning authority of jurisdiction (if any), and the current zoning status of the property; and
(VI) A United States Geological Survey (U.S.G.S.) 7.5 minute topographic map which clearly indicates the location of the facility.
(ii) The Part II compost facility permit application shall consist of those reports, plans and specifications, or other documentation necessary to provide the information specified in rule 1200-01-07-.11(5). The master plan, design plan, and narrative description of the facility and operation are components of the Part II application and each must be prepared by a registered engineer. Any registered engineer herein required shall be governed by the terms of T.C.A. Title 62, Chapter 2.
(d) Recertification by Disposal Facility Permittees for Facilities Whose Initial Operation is Delayed
1. If the facility does not initiate construction and/or operation within one year of the date a permit (issued pursuant to paragraph (3) of this rule) becomes effective, the permittee must submit a letter to the Commissioner 180 days prior to construction which either:
(i) Certifies that the information submitted in the permit application is still accurate and complete; or
(ii) Identifies those changes that have occurred in the information submitted in the permit application.
2. Such letter must be signed as set forth in part (a) 8 of this paragraph.
3. Upon his receipt of such letter or other information that indicates that a change has occurred in the information submitted in the permit application, the Commissioner shall:
(i) Determine if cause exists under paragraph (5) of this rule to modify, to revoke and reissue, or to terminate the permit; and
(ii) Take such action as he deems appropriate pursuant to that paragraph.
4. The permittee may not initiate construction and/or operation unless and until authorized by the Commissioner in writing.
(3) Processing the Permit
(a) Preliminary Notices - Within 30 days after the date of receipt, the Commissioner shall issue a preliminary public notice under subparagraph (e) of this paragraph for each Part 1 permit application received.
(b) Review of the Permit Application
1. The Commissioner shall review every permit application for completeness. Upon completing the review, the Commissioner shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Commissioner shall list the information necessary to make the application complete. The Commissioner shall notify the applicant that the application is complete upon receiving the required information. After the application is completed, the Commissioner may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.
2. When the Commissioner decides that a site visit is necessary for any reason in conjunction with the processing of an application, he shall notify the applicant and a date shall be scheduled.
(c) Draft Permits
1. Once an application is complete, the Commissioner shall tentatively decide whether the permit should be issued or denied.
2. If the Commissioner tentatively decides the permit should be denied, he shall prepare a notice to deny. A notice of intent to deny the permit shall be sent to the applicant. The applicant may wish to appeal the Commissioner's decision to the Board by filing a written petition as provided at TCA 68-211-113(b) of the Act.
3. If the Commissioner tentatively decides the permit should be issued, he shall prepare a draft permit as set forth in part 4 of this subparagraph.
4. A draft permit shall contain (either expressly or by reference) all applicable terms and conditions from paragraph (4) of this rule.
5. All draft permits shall be subject to the procedures of subparagraphs (d), (e), (f), (g), (h), and (i) of this paragraph, unless otherwise specified in those subparagraphs.
(d) Fact Sheets
1. A fact sheet shall be prepared for every draft permit (or notice to deny the permit).
2. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit to include, when applicable:
(i) A brief description of the type of facility or activity which is the subject of the draft permit;
(ii) The type and quantity of wastes which are proposed to be or are being disposed of;
(iii) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the permit application;
(iv) Reasons why any requested waivers or alternatives to required standards do or do not appear justified.
(v) A description of the procedures for reaching a final decision on the draft permit, including:
(I) The beginning and ending dates of the comment period under subparagraph (e) of this paragraph and the address where comments will be received;
(II) Procedures for requesting a public hearing; and
(III) Any other procedures by which the public may participate in the final decision; and
(vi) Name and telephone number of a person to contact for additional information.
3. The Commissioner shall send this fact sheet to the applicant and, upon request, to any other person.
(e) Public Notices and Public Comments
1. Scope
(i) An applicant shall give public notice, as prepared and directed by the Commissioner, that the following actions have occurred:
(I) A permit application as described in subparagraph (a) of this paragraph has been received;
(II) A draft permit has been prepared under part (c)3 of this paragraph or a new draft permit prepared under subparagraph (5)(a) or (5)(b);
(III) A public hearing has been scheduled under subparagraph (g) of this paragraph; or
(IV) A change of ownership.
(ii) No public notice is required when a request for a permit modification, revocation and reissuance, or termination is denied under paragraph (5) of this rule. Written notice of that denial shall be given to the permittee.
(iii) Public notices may describe more than one permit or permit action.
(iv) An applicant shall provide proof of the completion of all notices required to be given by the Commissioner within 10 days following conclusion of the public notice procedures.
(v) The Commissioner shall give a public notice that a notice of intent to deny an original permit has been prepared under part (c)2 of this paragraph.
2. Timing
(i) Public notice of the preparation of a draft permit or a notice of intent to deny an original permit shall allow at least 45 days for public comment.
(ii) Public notice of a public hearing shall be given at least 15 days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.)
3. Methods - Public notice of activities described in subpart 1(i) of this subparagraph shall be given by the following:
(i) By posting in a public place (e.g., post office, library, health department, etc) of the municipalities nearest the site under consideration; and
(ii) By publication of a notice in a daily or weekly local newspaper of general circulation as designated by the Commissioner; and
(iii) By any other method deemed necessary or appropriate by the Commissioner to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation. Such additional notices shall be the financial responsibility of the Commissioner. The Commissioner is financially responsible for newspaper notices in excess of one in each county where coverage is deemed necessary.
4. Contents
(i) General Public Notices - Except for the preliminary public notices described in subparagraph (a) of this paragraph, all public notices issued under this part shall contain the following minimum information:
(I) Name, address and phone number of the office processing the permit action for which notice is being given;
(II) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
(III) A brief description of the business conducted at the facility or activity described in the permit application including the size and directions from a state highway or interstate, and/or a map (e.g., a sketched or copied street map if the location is remote or not easily accessible) to the facility and type of waste accepted;
(IV) A brief description of the comment procedures required by subparagraphs (f) and (g) of this paragraph, including a statement of procedures to request a public hearing (unless a hearing has already been scheduled), and other procedures by which the public may participate in the final permit decision;
(V) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of draft permits and fact sheets;
(VI) A description of the time frame and procedure for making a final determination on this facility application approval or disapproval;
(VII) If the notice is announcing a public hearing it will state the time and location of the hearing and make reference to any prior public notice issued for each site.
(VIII) Any additional information considered necessary or proper.
(ii) Public Notices for Public Hearing - In addition to the general public notice described in subpart (i) of this part, the public notice of a public hearing shall contain the following information:
(I) Reference to the dates of previous public notices relating to the permit action;
(II) Date, time, and place of the public hearing; and
(III) A brief description of the nature and purpose of the public hearing, including the applicable rules and procedures.
(IV) A concise statement of the issues raised by the persons requesting the hearing.
(iii) Preliminary Notices - The preliminary public notice described in subparagraph (a) of this paragraph shall contain the following information:
(I) The information from items (I), (II), (III), (V), (VI), and (VII) of subpart (i) of this part; and
(II) A brief description of the permitting procedures that will be followed, focusing especially upon the opportunities for public participation in the process.
(f) Public Comments and Requests for Public Hearings - During the public comment period provided, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in subparagraph (j) of this paragraph.
(g) Public Hearings
1.
(i) The Commissioner shall hold a public hearing whenever he finds, on the basis of requests, a significant degree of public interest in a draft permit(s).
(ii) The Commissioner may also hold a public hearing at his discretion whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.
(iii) The Commissioner shall hold a public hearing whenever he receives written notice of significant public concern or opposition to a draft permit and a request for a hearing, within 45 days of public notice under subpart (e)2(i) of this paragraph.
(iv) Public hearing held pursuant to this rule shall be at a location convenient to the nearest population center to the subject facility.
(v) Public notice of the hearing shall be given as specified in subparagraph (e) of this paragraph.
2. Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under subparagraph (e) of this paragraph shall automatically be extended to the close of any public hearing under this subparagraph. The hearing officer may also extend the comment period by so stating at the hearing.
3. A tape recording or written transcript of the hearing shall be made available to the public.
(h) Reopening of the Public Comment Period
1. If any data, information, or arguments submitted during the public comment period appear to raise substantial new questions concerning a permit action, the Commissioner may (at his discretion or as directed by the Board) take one or more of the following actions:
(i) Prepare a new draft permit, appropriately modified, under subparagraph (c) of this paragraph;
(ii) Prepare a fact sheet or revised fact sheet under subparagraph (d) of this paragraph and reopen the comment period under subparagraph (e) of this paragraph; or
(iii) Reopen or extend the comment period under subparagraph (e) of this paragraph to give interested persons an opportunity to comment on the information or arguments submitted.
2. Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under subparagraph (e) of this paragraph shall define the scope of the reopening.
3. Public notice of any of the actions of part 1 of this subparagraph shall be issued under subparagraph (e) of this paragraph.
(i) Final Permit Decision
1. After the close of the public comment period under subparagraph (e) of this paragraph on a draft permit (including a notice of intent to deny a permit), the Commissioner shall issue a final permit decision. The Commissioner shall notify the applicant and each person who has submitted a written request for notice of the final permit decision. For the purposes of this subparagraph, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.
2. A final permit decision shall become effective upon the date of the service of notice of the decision unless a later date is specified in the decision.
(j) Response to Comments
1. At the time that a final permit decision is issued under subparagraph (i) of this paragraph, the Commissioner shall issue a response to comments. This response shall:
(i) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(ii) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any public hearing.
2. The response to comments shall be made available to the public.
(k) Appeals - If, in his final permit decision under subparagraph (i) of this paragraph, the Commissioner denied the permit or issued it subject to conditions with which the permit applicant disagrees, the applicant may appeal the decision to the Board as set forth in T.C.A. § 68-211-113. If the Commissioner fails to take any action on a permit application within 45 days after it was submitted to him, the permit applicant may appeal to the Board as set forth in T.C.A. §68-211-113.
(4) Terms of the Permit
(a) Conditions Applicable to all Permits - The following conditions apply to all permits, and shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to this subparagraph must be included in the permit.
1. Duty to Comply - The permittee must comply with all conditions of this permit, unless otherwise authorized by the Department in writing. Any permit noncompliance constitutes a violation of the Act and is grounds for termination, revocation and/or reissuance, or modification of the permit and/or the assessment of civil penalties by the Commissioner.
2. Need to Halt or Reduce Activity Not a Defense - It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
3. Duty to Mitigate - In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent adverse impacts on human health or the environment.
4. Proper Operation and Maintenance - The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
5. Permit Actions - This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any existing permit condition.
6. Property Rights - This permit does not convey any property rights of any sort, or any exclusive privilege.
7. Duty to Provide Information - The permittee must furnish to the Commissioner, within a reasonable time, any information which the Commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee must also furnish to the Commissioner, upon request, copies of records required to be kept by this permit. All records, including a copy of the permit and the approved Part I and Part II application, must be maintained at the facility or other locations as approved by the Commissioner.
8. Inspection and Entry - The permittee shall allow the Commissioner, or an authorized representative, to:
(i) Enter at any reasonable time the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;
(ii) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
(iii) Inspect at any reasonable time any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this permit (Note: If requested by the permittee at the time of sampling, the Commissioner shall split with the permittee any samples taken.);
(iv) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location; and
(v) Make photographs for the purpose of documenting items of compliance or noncompliance at waste management units, or where appropriate to protect legitimate proprietary interests, require the permittee to make such photos for the Commissioner.
9. Monitoring and Records
(i) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(ii) The permittee shall retain records of all required monitoring information. The permittee shall maintain records from all ground-water monitoring wells and associated ground-water surface elevations, for the active life of the facility, and for the post-closure care period as well. This period may be extended by request of the Commissioner at any time.
(iii) Records of monitoring information shall include:
(I) The date, exact place, and time of sampling or measurements;
(II) The individual(s) who performed the sampling or measurements;
(III) The date(s) analyses were performed;
(IV) The individual(s) who performed the analyses;
(V) The analytical techniques or methods used (including equipment used); and
(VI) The results of such analyses.
10. Reporting Requirements
(i) The permittee shall give notice to the Commissioner as soon as possible of any planned physical alterations or additions to the permitted facility.
(ii) Monitoring results shall be reported at the intervals specified in the permit.
(iii) The permittee shall report orally within 24 hours from the time the permittee becomes aware of the circumstances of any release, discharge, fire, or explosion from the permitted solid waste facility which could threaten the environment or human health outside the facility. Such report shall be made to the Tennessee Emergency Management Agency, using 24-hour toll-free number 1/800/262-3300.
(iv) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Commissioner, it shall promptly submit such facts or information.
11. Periodic Survey of Disposal Facility
(i) Within 60 days of his receipt of the written request of the Commissioner to do so, the permittee shall cause to be conducted a survey of active and/or closed portions of his facility in order to determine if operations (e.g., cut and fill boundaries, grades) are being conducted in accordance with the approved design and operational plans. The permittee must report the results of such survey to the Commissioner within 90 days of his receipt of the Commissioner's request.
(ii) The Commissioner may request such a survey:
(I) If he has reason to believe that operations are being conducted in a manner that significantly deviates from the approved plans; and/or
(II) As a periodic verification (but no more than annually) that operations are being conducted in accordance with the approved plans.
(iii) Any survey performed pursuant to this part must be performed by a qualified land surveyor duly authorized under Tennessee law to conduct such activities.
(b) Facility - Specific Permit Conditions
1. In addition to the conditions required in all permits (subparagraph (a) of this paragraph), the Commissioner shall, as required on a case-by-case basis, establish conditions in permits pursuant to this subparagraph.
2. Each permit shall include such terms and conditions as the Commissioner determines are:
(i) Necessary to achieve compliance with the Act and regulations, including each of the applicable requirements specified in this rule chapter, (Note: In satisfying this provision, the Commissioner may incorporate applicable requirements of these rules directly into the permit or establish other permit conditions that are based on these rules.); and
(ii) Otherwise necessary to protect human health and the environment.
3. An applicable requirement is a state statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. Subparagraph (3)(h) of this rule provides a means for reopening permit proceedings at the discretion of the Commissioner when applicable new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in paragraph (5) of this rule.
4. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.
(c) Duration of Permits - Permits shall be effective for the operating life of the facilities.
(d) Effect of a Permit
1. A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in paragraph (5).
2. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.
3. The issuance of a permit does not authorize the permittee to injure persons or property or to invade other private rights, or to violate any local law or regulations.
(5) Transfer, Modification, Revocation and Reissuance, and Termination of Permits
(a) Transfer of Permits
1. A permit may be transferred by the permittee to a new operator only if the permit has been modified or revoked and reissued (under subparagraph (b) of this paragraph) to identify the new permittee and incorporate such other requirements (e.g., financial requirements) as may be necessary under the Act or this rule. A permit transfer may be performed as a minor modification, but does require the preparation and issuance of a public notice.
2.
(i) For the purpose of this rule chapter, the "owner or operator" of a processing, storage or disposal facility has the ultimate responsibility for the operation of the facility, including the final authority to make or control operational decisions and legal responsibility for the business management. A "change of ownership" occurs whenever this ultimate authority to control the activities and the policies of the facility is transferred to another individual, group, or legal entity.
(ii) A "change of ownership" also occurs whenever there is a change in the legal form under which the controlling entity is organized.
(iii) Transactions constituting a change of ownership include, but are not limited to, the following:
(I) Sale or donation of the facility's legal title;
(II) Lease of the entire facility's real and personal property;
(III) A sole proprietor becomes a member of a partnership or corporation, succeeding him as the new operator;
(IV) A partnership dissolves;
(V) One partnership if replaced by another through the removal, addition or substitution of a partner;
(VI) A general partnership becomes a limited partnership, or limited partnership becomes general;
(VII) Two (2) or more corporations merge and the originally-permitted corporation does not survive;
(VIII) Corporations consolidate;
(IX) A non-profit corporation becomes a general corporation, or a for-profit corporation becomes non-profit.
(X) Transfers between levels of government; and
(XI) Corporate stock transfers or sales, when the controlling interest is transferred.
(iv) Transactions which do not constitute a change of ownership include, but are not limited to, the following:
(I) Changes in the membership of a corporate board of directors or board of trustees;
(II) Two (2) or more corporations merge and the originally-permitted corporation survives;
(III) Changes in the membership of a non-profit corporation; and
(IV) Transfer between departments of the same level of government.
3. Changes in the ownership or operational control of a facility may be made as a modification with prior written approval of the Commissioner in accordance with rule 1200-01-07-.02(5)(b) 2. The new owner or operator must submit a transfer of ownership form no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees must also be submitted to the Commissioner. When a transfer of ownership or operational control occurs, the old owner or operator of the disposal facility shall comply with the financial assurance requirements of rule 1200-01-07-.03(3) and. likewise, the owner or operator of a composting facility shall comply with the financial assurance requirements of rule 1200-01-07-.11(2)(p) until the new owner or operator has demonstrated that he or she is complying with the requirements of that rule. The new owner or operator must demonstrate compliance with the referenced financial requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Commissioner by the new owner or operator of compliance with the referenced financial requirements, the Commissioner shall notify the old owner or operator that he or she no longer needs to comply with the referenced financial requirements as of the date of demonstration.
(b) Modification or Revocation and Reissuance of Permits
1. General - Except as otherwise provided in these rules, permits may only be modified or revoked and reissued for the reasons shown in parts 3, 4, or 5 of this subparagraph and only according to the procedures set forth in part 2 of this subparagraph. This process may be initiated either by the Commissioner or at the request of the permittee. All such requests from the permittee shall be in writing and shall contain the reasons for the request.
2. Procedures
(i) When the Commissioner receives a request from the permittee or other information (e.g., complaints, inspection findings, monitoring data, required reports) indicating that modification or revocation and reissuance of the permit may be in order, he may determine whether or not one or more of the causes listed in parts 3, 4, or 5 of this subparagraph exist.
(ii) If the Commissioner determines cause exists, he may proceed to modify or revoke and reissue the permit accordingly, subject to the limitations of part 6 of this subparagraph. If a permit modification satisfies the criteria in part 5 of this subparagraph for "minor modifications", the permit may be modified without following further the procedures of this part, except for subpart (vi).
(iii) If the Commissioner determines cause does not exist under parts 3, 4, or 5 of this subparagraph, he shall not modify or revoke and reissue the permit. If the modification or revocation and reissuance was requested by the permittee, the Commissioner shall give to the permittee such notice as is required by T.C.A. § 4-5-320.
(iv) If the Commissioner tentatively decides to cause a major modification or revoke and reissue a permit, he shall prepare a draft permit under subparagraph (3)(c) of this rule incorporating the proposed changes. This draft permit shall be processed as set forth in paragraph (3) of this rule. The Commissioner may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the Commissioner shall require the submission of a new application.
(v) In a permit modification under this part, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this part, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
(vi) No minor modification to a permit shall be made under subpart (ii) of this part, and no draft permit shall be prepared under subpart (iv) of this part, until the permittee has been given such notice as is required by T.C.A. § 4-5-320.
3. Causes for Modification - The following are causes for modification but not revocation and reissuance of permits. However, the following may be causes for revocation and reissuance as well as modification when the permittee requests or agrees:
(i) There are changes to the permitted facility which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
(ii) The Commissioner has received information which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance.
(iii) The standards or regulations on which the permit was based have been substantially changed by legislation or promulgation of amended standards or regulations or by judicial decision after the permit was issued.
(iv) A major modification of a closure plan or post-closure plan is required.
(v) To include conditions applicable to units at a facility that were not previously included in the facility's permit.
(vi) When a land treatment unit is not achieving adequate treatment under its current permit conditions.
4. Causes for Modification or Revocation and Reissuance - The following are causes to modify or, alternatively, revoke and reissue a permit:
(i) Cause exists for termination under subparagraph (c) of this paragraph and the Commissioner determines that modification or revocation and reissuance is appropriate.
(ii) The Commissioner has received notification of a proposed transfer of the permit.
5. Minor Modification of Permits - Upon the consent of the permittee, the Commissioner may modify a permit to make the corrections or allowances for those changes in the permitted activity deemed by the Commissioner to be a minor modification without following the procedures of paragraph (3) of this rule. A minor modification is a change in the plans for a facility which will not alter the expected impact of the facility on the public, public health, or the environment.

Major modifications shall include at least changes in final contour elevations, increase in capacities, changes in direction of site drainage, and other changes deemed major by the Commissioner.

6. Facility Siting - Suitability of the facility location will not be reconsidered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of the permit issuance.
(c) Termination of Permits
1. General - Permits may be terminated only for the reasons shown in part 3 of this subparagraph and only according to the procedures set forth in part 2 of this subparagraph. This process may be initiated either by the Commissioner or at the request of the permittee. All such requests from the permittee shall be in writing and shall contain the reasons for the request.
2. Procedures
(i) When the Commissioner receives a request from the permittee or other information (e.g., complaints, inspection findings, monitoring data, reports) indicating that termination of the permit may be in order, he may determine whether or not one or more of the causes listed in part 3 of this subparagraph exist.
(ii) If the Commissioner determines cause exists, he may proceed to terminate the permit.
(iii) If the Commissioner tentatively decides to terminate a permit, he shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared and processed under paragraph (3) of this rule.
(iv) No notice of intent to terminate shall be issued under subpart (iii) of this part until the permittee has been given such notice as is required by T.C.A. § 4-5-320.
3. Causes for Termination - The following are causes for terminating a permit during its term, or for denying a permit renewal application:
(i) Noncompliance by the permittee with any condition of the permit which the Commissioner deems to be significant noncompliance, repeated noncompliance, and/or failure to comply with the Division's compliance schedule relative to permit conditions;
(ii) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;
(iii) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination; or
(iv) The request of the permittee, providing he has complied with all closure and post-closure requirements in the permit conditions.
(v) The permittee's failure to file and maintain financial assurance in the amount required by rule 1200-01-07-.03 and 1200-01-07-.11(2)(p).
(vi) Non-payment of any fees owed to the Department.

Notes

Tenn. Comp. R. & Regs. 1200-01-07-.02
Original rule certified June 7, 1974. Amendment filed February 1, 1990; effective March 18, 1990. Amendment filed August 6, 1991; effective September 20, 1991. Amendment filed May 15, 1992; effective June 29, 1992. Amendment filed May 26, 1993; effective July 10, 1993. Amendment filed June 21, 1993; effective August 5, 1993. Amendment filed April 22, 1997; effective July 6, 1997. Amendment filed May 7, 1997; effective July 21, 1997. Amendment filed October 8, 1998; effective December 28, 1998. Amendment filed April 17, 2000; effective July 1, 2000. Amendment filed July 27, 2001; effective October 10, 2001. Amendment filed July 1, 2003; effective September 14, 2003. Amendment filed September 29, 2003; effective December 13, 2003. Amendment filed November 17, 2004; effective January 31, 2005. Amendments filed May 23, 2006; effective August 6, 2006. Amendments filed September 12, 2008; effective November 26, 2008.

Authority: T.C.A. §§ 4-5-201, et seq., 68-203-103(b)(3), 68-211-102(a), 68-211-103, 68-211-105(b), 68-211-105(c), 68-211-105(g), 68-211-106(a)(1), 68-211-107, 68-211-107(a), 68-211-111(d)(1), 68-211-111(d)(2), 68-211-116, 68-211-851(a), 68-211-852, 68-211-853, and 68-211-861.

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