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CHAPTER 1200-01-07

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

Major modifications shall include at least changes in final contour elevations, increase in capacities, changes in direction of site drainage, and other changes deemed major by the Commissioner.

    • 6.

      Facility Siting - Suitability of the facility location will not be reconsidered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of the permit issuance.

  • (c)

    Termination of Permits

  • 1.

    General - Permits may be terminated only for the reasons shown in part 3 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.



When the Commissioner receives a request from the permittee or other information (e.g., complaints, inspection findings, monitoring data, reports) indicating that termination of the permit may be in order, he may determine whether or not one or more of the causes listed in part 3 of this subparagraph exist.


If the Commissioner determines cause exists, he may proceed to terminate the permit.


If the Commissioner tentatively decides to terminate a permit, he shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared and processed under paragraph (3) of this rule.


No notice of intent to terminate shall be issued under subpart (iii) of this part until the permittee has been given such notice as is required by T.C.A. §4-5-320.

Causes for Termination - The following are causes for terminating a permit during its term, or for denying a permit renewal application:


Noncompliance by the permittee with any condition of the permit which the Commissioner deems to be significant noncompliance, repeated noncompliance, and/or failure to comply with the Division’s compliance schedule relative to permit conditions;


The permittee’s failure in the application or during the permit issuance


May, 2010 (Revised)


A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination; or


The request of the permittee, providing he has complied with all closure and post-closure requirements in the permit conditions.

process to disclose fully all relevant facts, misrepresentation of any relevant facts at any time;





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