SOLID WASTE PROCESSING AND DISPOSAL
(Rule 1200-01-07-.02, continued)
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) or she is complying
the new owner or the requirements
demonstrated that The new owner
operator must demonstrate compliance requirements within six months of the date
with the referenced financial of the change of ownership or
operational control of the new owner or
the facility. operator of
Upon demonstration to compliance with the
the Commissioner by referenced financial
requirements, the Commissioner shall notify the old she no longer needs to comply with the referenced the date of demonstration.
Modification or Revocation and Reissuance of Permits
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.
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.
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).
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.
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.
May, 2010 (Revised)