SOLID WASTE PROCESSING AND DISPOSAL
(Rule 1200-01-07-.02, continued)
In a permit modification under this part, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this part, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
No minor modification to a permit shall be made under subpart (ii) of this part, and no draft permit shall be prepared under subpart (iv) of this part, until the permittee has been given such notice as is required by T.C.A. §4- 5-320.
Causes for Modification - The following are causes for modification but not revocation and reissuance of permits. However, the following may be causes for revocation and reissuance as well as modification when the permittee requests or agrees:
There are changes to the permitted facility which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
The Commissioner has received information which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance.
The standards or regulations on which the permit was based have been substantially changed by legislation or promulgation of amended standards or regulations or by judicial decision after the permit was issued.
A major modification of a closure plan or post-closure plan is required.
To include conditions applicable to units at a facility that were not previously included in the facility’s permit.
When a land treatment unit is not achieving adequate treatment under its current permit conditions.
Causes for Modification or Revocation and Reissuance - The following are causes to modify or, alternatively, revoke and reissue a permit:
Cause exists for termination under subparagraph (c) of this paragraph and
the Commissioner determines that modification reissuance is appropriate.
or revocation and
The Commissioner has received notification of a proposed transfer of the permit.
Minor Modification of Permits - Upon the consent of the permittee, the Commissioner may modify a permit to make the corrections or allowances for those changes in the permitted activity deemed by the Commissioner to be a minor modification without following the procedures of paragraph (3) of this rule. A minor modification is a change in the plans for a facility which will not alter the expected impact of the facility on the public, public health, or the environment.
May, 2010 (Revised)