SOLID WASTE PROCESSING AND DISPOSAL
(Rule 1200-01-07-.03, continued)
If the Commissioner determines that the operator has failed to perform as specified in the notice of non compliance, or as specified in any subsequent compliance agreement which may have been reached by the operator and the Commissioner, the Commissioner may order forfeiture of the financial assurance filed to guarantee such performance and may revoke the facility’s permits.
Upon issuance, a copy of the order shall be hand delivered or forwarded by certified mail to the operator. Any such order issued by the Commissioner shall become final 30 days after receipt by the operator unless it is appealed to the Board as provided in section 68-211-113 of the act.
If necessary, upon the effective date of the order of forfeiture, the Commissioner shall give notice to the State Attorney General who shall collect the forfeiture.
All forfeited funds shall be deposited in a special departmental account known as the “solid waste disposal site restoration fund” for use by the Commissioner as set forth in T.C.A. § 68-211-116.
Effect on Transfer of Permits - No permit may be transferred until the proposed new operator has filed, in accordance with the requirements of this paragraph, the required financial assurance. When such is done, the Commissioner shall cause to be released to the former operator (or the issuing institution, if appropriate) the financial assurance that operator had filed.
Wording of the Instruments
The financial mechanisms and supporting documents guaranteeing proper operation and performance of closure and/or post closure care, as specified in subparagraph (d) of this paragraph, must utilize the wording required by the Department.
Copies of approved financial mechanisms and supporting documents may be
obtained by contacting Waste Management. following:
the financial assurance office of Approved financial mechanisms
the Division of Solid include at least the
Personal Bond Supported By Securities
Personal Bond Supported By Cash
Financial Test and Corporate Guarantee
Municipality and/or County Contract of Obligation
Closure/Post-Closure Trust Fund
Closure/Post-Closures Letter of Credit
Combined Hazardous and Solid Waste Financial Test
Letter From Chief Financial Officer (Closure and/or Post-Closure)
May, 2010 (Revised)