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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

(Rule 1200-01-07-.02, continued)

  • (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 closure, and post closure care of the facility.

the The

proper operation, types of financial

assurance instruments 1200-01-07-.03(3)(d).

that are acceptable are those specified in Such financial assurance shall meet the

criteria set .03(3)(b).

forth

in

T.C.A.

§68-211-116(a)

and

at

rule

1200-01-07-

May, 2010 (Revised)

19

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