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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

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

(v)

The permittee’s failure to file and maintain financial assurance in the amount required by rule 1200-01-07-.03 and 1200-01-07-.11(2)(p).

(vi)

Non-payment of any fees owed to the Department.

Authority: T.C.A. §§4-5-201, et seq., 68-203-103(b)(3), 68-211-102(a), 68-211-103, 68-211-105(b), 68- 211-105(c), 68-211-105(g), 68-211-106(a)(1), 68-211-107, 68-211-107(a), 68-211-111(d)(1), 68-211-

111(d)(2), History:

68-211-116, 68-211-851(a), Original rule certified June 7,

68-211-852, 68-211-853, and 68-211-861.

Administrative

1974.

Amendment filed February 1, 1990; effective March 18,

1990. Amendment filed effective June 29, 1992.

August 6, 1991; effective September 20, 1991. Amendment filed May Amendment filed May 26, 1993; effective July 10, 1993. Amendment

15, 1992; filed June

21, 1993; effective August 5, 1993. Amendment filed April 22, filed May 7, 1997; effective July 21, 1997. Amendment filed 1998. Amendment filed April 17, 2000; effective July 1, 2000. October 10, 2001. Amendment filed July 1, 2003; effective

1997; effective July 6, 1997. Amendment October 8, 1998; effective December 28, Amendment filed July 27, 2001; effective September 14, 2003. Amendment filed

September 29, 2003; effective December 13, 2003.

Amendment filed November

January 31, 2005.

Amendments filed May 23, 2006;

effective

August

6,

2006.

17, 2004; effective Amendments filed

September 12, 2008; effective November 26, 2008.

1200-01-07-.03 REQUIREMENTS FOR FINANCIAL ASSURANCE.

(1) General

(a)

Purpose/Scope - The purpose of this rule is to establish requirements for establishing and maintaining acceptable financial assurance for the proper operation, closure and post-closure care of certain solid waste disposal facilities in Tennessee. These financial assurance requirements are intended to ensure that adequate financial resources are available to the Commissioner to insure proper operation, closure and post-closure

care.

This

rule

also

Commissioner in setting

establishes the amount

criteria and procedures to be used of financial assurance required and in

by use

the and

release of these funds.

  • (b)

    Applicability

    • 1.

      The requirements of this rule apply to disposal facilities in operation on March 18, 1990 or thereafter.

    • 2.

      The requirements of paragraph (3) of this rule do not apply if the operator is the State of Tennessee or Federal Government.

  • (2)

    Closure/Post-Closure Care Plan

  • (a)

    General Requirements - Operators of facilities must submit a closure/post-closure care plan to the Department, obtain approval of the plan, and amend the plan when necessary, as set forth in this paragraph.

  • (b)

    Contents of Plan

1.

The closure/post-closure plan must identify the steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life, and must identify the activities which will be carried on after closure and the frequency of these activities. For facilities being developed or to be developed according to a phased development plan, the closure/post-closure care plan must address each parcel separately as well as the whole.

May, 2010 (Revised)

41

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