SOLID WASTE PROCESSING AND DISPOSAL
(Rule 1200-01-07-.01, continued)
Effect of a Special Waste Approval - A special waste approval granted by the Commissioner does not grant any right of disposal of the special waste at the designated facility. The operator may refuse to accept any special waste even if it has been approved by the Commissioner to be disposed of at his facility.
Variances and Waivers - After public notice and an opportunity for public comment, any standard, or requirement in these rules may be waived by the Commissioner if the operator can demonstrate, to the satisfaction of the Commissioner, that the standard is inapplicable, inappropriate, or unnecessary to his facility, or that it is equaled in effect by alternative standards or requirements. Any requests for such requests must include the following:
An identification of the specific requirement(s) for which a waiver is requested;
An explanation of the reason(s) why the requirement(s) should be considered inapplicable, inappropriate, or unnecessary, and/or a description of the alternative procedures or mechanisms to be utilized and why they should be considered equal in effect to the standard(s) proposed to be waived; and
Any other such information as the Commissioner deems necessary for his evaluation of the request.
Any Class I variances or waivers granted will not be less stringent than the standards of 40 CFR 257 and 258 (Solid Waste Disposal Facility Criteria Final Rule, October 9, 1991).
In his approval, the Commissioner shall specify those management conditions which he deems necessary to prevent or minimize potential adverse impacts to public health, and the environment in order to promote safe and efficient facility operation. Failure to meet the required management conditions is unlawful disposal under the Act.
The Commissioner may require the operator to keep records on the receipt and
special waste approvals by the Department which the facility has accepted the landfill and all recertifications submitted by generators of such waste.
Authority: T.C.A. §§4-5-201, 68-203-103(b)(3), 68-211-102(a), 68-211-105(b), 68-211-105(c), 68-211-
106(a)(1), 68-211-107(a), 68-211-111(d)(1), 68-211-111(d)(2), 68-211-851(a),
February 1, 1990; effective March 18, 1990. Amendment filed 1991. Amendment filed May 15, 1992; effective June 29, 1992.
August 6, 1991; effective September 20, Amendment filed May 26, 1993; effective
November 17,1995; effective January 31, 1996. Amendment Amendment filed October 8, 1998; effective December 28,
filed April 22, 1997; effective July 6,
effective July 1, 2000. Amendment filed July 27, 2001; effective October 10, 2001. 1, 2003; effective September 14, 2003. Amendment filed November 17, 2004;
Amendment filed July effective January 31,
2005. Amendment filed effective May 17, 2010.
PERMITTING OF SOLID WASTE STORAGE, PROCESSING, AND DISPOSAL
May, 2010 (Revised)