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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

(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

until with

the new owner or the requirements

operator

has

of that

rule.

demonstrated that The new owner

he or

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.

owner or

operator that

financial

requirements

he

or

as

of

  • (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.

May, 2010 (Revised)

38

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