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CHAPTER 1200-01-07

Rule 1200-01-07-.04, continued)

  • (l)

    Sealing of Bore Holes - Prior to excavation, all bore holes drilled or dug during subsurface investigation of the site, piezometers, and abandoned wells which are either in or within 100 feet of the areas to be filled must be backfilled with a bentonite slurry or other sealant approved by the Commissioner to an elevation at least ten feet greater than the elevation of the lowest point of the landfill base (including any liner), or to the ground surface if the site will be excavated less than ten feet below grade.

  • (m)

    Endangered Species - Facilities shall be located, designed, constructed, operated, maintained, closed, and cared for during the post-closure care period in a manner that does not:

  • 1.

    Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or

  • 2.

    Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.

  • (n)

    Location In Floodplains - Facilities must not be located in a 100-year flood-plain unless it is demonstrated to the satisfaction of the Commissioner that:

    • 1.

      Location in the floodplain will not restrict the flow of the 100-year flood nor reduce the temporary water storage capacity of the floodplain.

    • 2.

      The facility is designed, constructed, operated, and maintained to prevent washout of any solid waste.

  • (o)

    Permanent Benchmark - There must be installed on-site a permanent benchmark (e.g.,

a concrete marker) of known elevation.

  • (p)

    Wetlands - Disposal facilities shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the Commissioner:

    • 1.

      Where applicable under section 404 of the Clean Water Act or Tennessee Water Pollution Control Act, the presumption that practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;

  • 2.

    The construction and operation of the landfill will not:

    • (i)

      Cause or contribute to violations of any applicable State water quality standard;


Violate any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act; and


Violate subparagraph (m) of this paragraph regarding the protection of endangered species;

The landfill will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate the integrity of the landfill unit and its ability to protect ecological resources by addressing the following factors:


Erosion, stability, and migration potential of native wetland soils, mud and deposits used to support the landfill;


Erosion, stability, and migration potential of dredged and fill materials used to support the landfill;


May, 2010 (Revised)


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