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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

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

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 response shall:

Commissioner

shall

issue

a

response

to

comments.

This

  • (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 Commissioner

his final denied

permit decision under subparagraph (i) of this paragraph, the permit or issued it subject to conditions with which

the the

permit applicant disagrees, the forth in T.C.A. §68-211-113. If

applicant may appeal the decision to the Board the Commissioner fails to take any action on a

as set permit

application within 45 days after appeal to the Board as set forth in

it was T.C.A.

submitted to §68-211-113.

him,

the

permit

applicant

may

  • (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. noncompliance constitutes a violation of the Act and is grounds for revocation and/or reissuance, or modification of the permit assessment of civil penalties by the Commissioner.

Any permit termination, and/or the

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.

May, 2010 (Revised)

33

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