ML20205C048

Regulations Governing Solid Waste Processing & Disposal in Tennessee

ML20205C048
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Site:	Sequoyah
Issue date:	12/31/1977
From:	TENNESSEE, STATE OF
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Download: ML20205C048 (23)

Text

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C REGULATIONS GOVERNINGY t SOLID WASTE PROCESSING AND DISPOSAL -

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SOLID WASTE DISPOSAL ACT Tennessee Code Annotated Sections 53-4301 4315, 53-4321. .

SECTION 33-4301. TITLE.--This Act shall be known and may be cited as the

" Tennessee Solid Waste Disposal Act". .

SECTION 53-4302. PUBLIC POLICY.-In order to protect the public health, safety and welfare, prevent the spread of disease and creation of nuisances, conserve our natural resources, enhance the beauty and quality of our environment and provide a coordinated state-wide solid waste disposal program, it is declared to be the public policy of the State of Tennessee to regulate solid waste disposal to:

(1) Provide for safe and sanitary processing and disposal of solid wastes.

(2) Develop long-range plans for adequate solid waste disposal systems to meet future demands.

(3) Provide a coordinated state-wide program of control of solid waste processing and disposal in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution.

(4) Encourage efficient and economical solid waste disposal systems.

SECTION 53-4303. DEFINITIONS.-The terms used in this Act are defined as follows:

" Solid Waste". Garbage, refuse, and other discarded solid materials, including solid-waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

" Person". Any and all persons, natural cr artificial, including any individual, firm or association, and municipal or private corporation organized or existing

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under the laws of this State or any other state, and any governmental agency or county of this State.

" Solid Waste Disposal System". The relationship of the coordinated activities '

of and resources for processing and disposal of solid wastes within a common -

geographical area and under the supervision of any person or persons engaging in such activities.

" Solid Waste Processing". An operation for the purpose of modifying the characteristics or properties of solid waste to facilitate transportation or disposal of solid wastes including, but not limited to, incineration, composting, separation, grinding, shredding, and volume reduction.

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" Solid Waste Disposal". The process of placing, confining, com;Ic:mq,, er -

covering solid waste except when such solid waste is for reuse, .amov21. '

reclamation, or salvage.

" Department". The Tennessee department of public health.

" Commissioner". The commissioner of the Tennessee departmerr af- public health or his authorized representative.

" Health Officer". The director of a city, county, or distin= hea!:n department having jurisdiction over the community health in a specific 2rea. cr his authorized representative.

SECTION 53-4304. UNLAWFUL METHODS OF DISPOSA1:.-A shall be unidWful to:

(1) Place or deposit any solid waste into the waters of the statee.tcept im a manner approved by the department and the Tennessee strean gellutibr.

control board.

(2) Burn solid wastes except in a manner and under conditions prucribed b t the department and the Tennessee air pollution control board.

(3) Construct, alter, or operate a solid waste processing or dispose i.:ct!ity, a site in violation of the rules, regulations, or orders of the comntus:cner or-in such a manner as to create a public nuisance.

SECTION 53-4305. SUPERVISION OVER CONSTRUCTION OF fJiSPOSAL FACILITIES.--The department shall exercise general supervision over the ~

construction of solid waste processing facilities and disposal faciliths. or sins.

throughout the state. Such general supervision shall apply to all features, c)t construction of solid waste processing facilities and disposal facilites, or si%s which do or may affect the public health and safety or the qusy c5 the environment, and which do or may affect the proper processing or disp raf of scrib wastes. No new construction shall be initiated nor shall any change be r.ade inian:p solid waste processing facility or disposal facility or site until the pitcs for auch new construction or change have been submitted to and approwd by- the department. Records of construction or plans for existing facilities a: sites shaC be made available to the department upon request of the commissioner. fniganting ,

approval of such plans, the department may specify such modifications .:enditien%

and regulations as may be required to fulfill the purposes of this chapa:t c. The commissioner is empowered to adopt and enforce rules and regulati ns fc: taae construction of new facilities and sites and the alteration of existing facilldes atdi sites to be effective on and af ter July 1,1970. The commissioner is aitdcric.:di m investigate solid waste processing facilities and disposal faciliti a cr si. es throughout the state as of ten as he deems necessary. When the site or cca:icna of any new solid waste processing facility or disposal facility is situated w-hin en eU) k mile of the boundaries of any municipality, no new construction of any such.!aci&y shall be approved by the department without the governing bolv> ct' nudh municipality consenting in the location of the facility; provided, howeve, that *u

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provisions of this sentence shall not apply in a county having a metropolitan form of government; a county having a metropolitan form of government shall not have -

the authority to approve or disapprove such site or location adjacent to such .

metropolitan government; and no adjacent county or municipality to a county having a metropolitan form of government shall have the authority to approve or disapprove such site or location within the boundaries of such metropolitan government.

The eighth sentence of this section shall not apply to counties having a population, according to the 1970 federal census or any subsequent census, of:

Not less than 14,000 nor more than 14,500 Not less than 19,500 nor more than 20,000 Not less than 20,000 nor more than 20,500 Not less than 28,500 nor more than 29,000 '

Not less than 30,000 nor more than 30,500 ~

Not less than 3),475 nor more than 36,000 -

Not less than 47,700 nor more than 50,000 The eighth sentence of this section shall not apply to counties having a population of not less than 59,000 nor more than 60,000, nor to counties having a population of not less than 254,000 nor more than 255,000 according to the 1970 f ederal census.

( The provisions of the eighth sentence of this section shall apply only to counties of the first class.

When the commissioner disapproves plans for the construction of, or change in, any solid waste processing facility or disposal facility or site, he shall notify in writing the person having submitted such plans, and state the grounds for his disapproval.

SECTION 53-4306. REGISTRATION OF FACILITIES.-No solid waste processing facility or disposal facility or site in any political subdivision of the state of Tennessee shall be operated or maintained by any person unless he has registered with the commissioner in the name of such person for the specified facility or site. The commissioner is authorized to specify procedures for registration by means of rules and regulations duly promulgated under the authority of this chapter.

SECTION 53-4307. SUPERVISION OF OPERATION--RULES AND '

REGULATIONS.-The department shall exercise general supervision over the operation and maintenance of solid waste processing facilities and disposal f acilities or sites., Such general supervision shall apply to all the features of operation and maintenance which do or may affect the public health and safety or the quality of the environment and which do or may affect the proper processing and disposal of solid wastes. The commissioner is empowered to adopt and enforce rules and regulations governing the operation and maintenance of such facilities, (A. operations, and sites to be effective on and af ter July 1,1972. Provided further, municipalities, cities, towns, and local boards of health may adopt and enforce such rules, ordinances, and regulations equal to or exceeding those adopted by the l

'- i the commissioner is authorized to investigate such facilities, operations, and sites as of ten as he deems necessary.

SECTION 53-4303. DELEGATION OF DUTIES To LOCAL HEALTH -

OFFICERS.--The commissioner is authorized to delegate the duties and responsibilities granted to him by this chapter to local health officers to the extent '

deemed necessary by the commissioner to implement the provisions of this chapter.

SECTION 53-4309. FEDERAL GRANTS TO COUNTIES AND MUNICIPALITIES--REVIEW AND APPROVAL.--The department is authorized to ~

review and approve grants and loans from the federal government and other sources to counties, cities, towns, municipalities, or any combination thereof to assist them in designing, acquiring, constructing, altering, or operating solid waste prccessing f acilities and disposal f acilities or sites. The department is authorized further to accept and consider only those applications for grants from counties, cities, towns, and municipalities who have officially adopted a plan for a solid waste disposal system or who are included in an officially adopted plan for a solid waste disposal system which covers two or more such jurisdictions. The department is authorized to approve or disapprove such plans in accordance with the purposes of this chapter.

SECTION 53-4310. DISPOSAL ON OWN LAND.--This chapter shall not prohibit any person from disposing of his own solid waste upon his own lands provided such disposal does not create a public nuisance or a hazard to the public health.

( SECTION 33.4311. solid WASTE DISPOSAL CONTROL BOARD.-Except in counties having populations of not less than 200,000 nor more than 275,000, there is hereby created a board to be known as the solid waste disposal control board which shall be composed of nine (9) mernbers. Four (4) of the members of this board shall be appointed by the governor as follows: one (1) shall be engaged in municipal government; one (1) shall be a county judge or chief executive officer of a Tennessee county; one (1) shall be employed by a private manufacturing concern; and one (1) shall be engaged in a field which is directly related to agriculture.

These four (4) appointed members' terms of office shall be four (4) years and until .

their successors are selected and qualified, except the terms of those first appointed shall expire as follows: one (1) at the end of one (1) year after date of-appointment; one (1) at the end of two (2) years af ter date of appointment; one (1) at the end of three (3) years after date of appointment; and one (1) at the end of four (4) years af ter the date of appointment, as designated by the governor at the time of appointment. If a vacancy occurs, the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governce may remove for cause any member appointed by him. Three (3) members of the ,

board shall be ex officio and cppointed as fo!!aws: cne (1) shall be appointed by the air pollution control board of the state of Tennessee from its administrative staff; one (1) shall be appointed by the Tennessee stream po!!ution control board from its administrative staff; and one (1) shall be the director of the Tennessee state planning office or his designated representative. The terms of office and the filling of vacancies of ex of ficio members shall be the responsibility of the appointing authority. Two (2) members of the board shall be appointed as fo!!ows: one (1)

( shall be appointed by the speaker of the senate of the state of Tennessee, and one (1) shall be appointed by the speaker of the house of representatives of the state of Tennessee. These two members shall be appointed biennially after each 4

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f organizational session of the general assembly, and shall serve until their C successors are appointed and qualified. Vacancies in these two (2) positions shall be filled for the unexpired term by the appointing authority. _

lt shall be the duty of the board to advise the commissioner in his '

establishing, modifying, or amending rules and regulations as provided for in Sections 53-4305 4307 and Section 53-4309. Tentative rules and regulations proposed by the commissioner shall be reviewed and acted upon by resolution adopted by the board with the votes recorded. The board may call a public hearing on any such tentative rules and regulations and may prescribe the method of conducting such a hearing including notice thereof. Within one (1) year next following July 1,1975, the board shall review all rules and regulations theretofore adopted by the commissioner and shall make such recommendations for modifying or amending such rules and regulations as the board deems advisable. It shall also be the duty of the board to act as a board of appeals as provided in Section 53-4313.

The board shall hold at least one (1) regular meeting each cateridar year at a place and time to be fixed by the board. The board shall also meet at the request of the commissioner, the chairman of the board, or upon request of three (3) members of the board. Five (5) members constitute a quorum, and a quorum may act for the board in all matters. The director of the Tennessee state planning office or his designated representative on the board shall be chairman of the board, but the board may select one (1) of its other members as chairman. The director of the division of environmental sanitation of the Tennessee department of public

( health or his designated representative shall be technical secretary of the board.

The technical secretary shall have no vote at board meetings. Members appointed by the governor, by the speaker of the senate and by the speaker of the house of representatives, shall receive no compensation for their services, and the ex officio members shall receive no additional compensation for their services. All members of the solid waste disposal control board and its technical secretary shall be compensated for reasonable and necessary expense while in attendance at official meetings of the board in accordance with law and regulations governing travel of state employees.

SECTION 53-4312. ORDERS FOR CORRECTION.-When the commissioner finds upon investigation that any provisions of this chapter are not being carried out, and that effective measures are not being taken to comply with the provisions of this chapter he may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be made by personal service or shall be sent by registered mail.

Investigations made in accordance with this section may be made on the initiative ,

of the commissioner.

• SECTION 53-4313. REVIEW OF CORRECTION ORDER-HEARING--

APPEAL.-(a) Except in counties having populations of not less than 200,000 nor more than 275,000, any person against whom an order is issued may secure a review

'of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for his objections and 7

asking for a hearing in the matter involved before the solid waste disposal control

( board. Any such order shall become final and not subject to review unless the person or persons named therein shall file such petition for a hearing before the solid waste disposal control board no later than thirty (30) days af ter the dat : such order is served.

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( (b) Any person whose plans for the construction of, or cha:p .c. any soM waste processing f acility or disposal facility or site are diszc.pscec Sv Ine -

commissioner, may secure a review of the commissioner's disapproel by diing wit:-

the commissioner a written petition setting forth the grounds an".renuons Sr dil objections to the commissioner's disapproval, and asking for a he. ring, cefere ne solid waste disposal control board. Any disapproval of such plans su!! ::ecome final and not subject to review unless such petition for a hearing befow the solic wasu disposal ' control board is filed no later than thirty (30) days 2fter not.ce ed -

disapproval is served. For purposes of review, approval of plans sub9ct ta modifications, conditions or regulations specified by the commisnes.tr with which.

the person submitting the plans disagrees, shall constitute disapprent.

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(c) In the event the commissioner shall fail to take any actier sn glans fer de construction of, or change in, a solid waste processing facility or disposal.':acility or site within forty-five (45) days after they are submitted tt 7im, 2e pe.-sen-having submitted such plans may appeal to the board as txugh actice cf disapproval were received at the expiration of such period; p cvided in- Jieu. ct' setting forth the objections to the grounds for the commissioneva disapproval the petition shall recite the failure of the commissioner to act on thegians.

(d) Notwithstanding any law to the contrary except Sectitus- 134501 - SE-4506 and the eighth sentence of Section 53-4305, the approval of me cemmissiorrer of a solid waste processing f acility or disposal facility or site sht:Y be imal andotten subject to review by any administrative officer or body.

(e) Upon receipt of a written petition as provided in subsecznns C1) and (hilcf this section, the commissioner shall forthwith deliver the petiti:n and alt. papiers, relating to the case to the chairman of the solid waste disposale.untret beaciweho shall thereupon determine the time and place for a hearing befc-the beard. iN chairman shall give the commissioner and petitioner thirty (30) dMs"writt:en nmain of the time arid place of the hearing, and such hearing shall be teld.mn !!1ter chne sixty (60) days from receipt of the written petition by the comrrthmaner;;prowidmh however, that upon request of the petitioner or upon the 2greement, of' 2he petitioner, such hearing may be held not later than one hundred twency-($20) ctri from receipt of the written petition by the commissioner. At s_ch. hearing cefere-the solid waste disposal control board, the commissioner, the ptJ:icner, and any.

other interested party may appear in person, and by counsel premc witmisses, s.c submit evidence. The chairman shall have the power to administw cathes andlast.u subpeonas in behalf of the department or at the request of the penh ner.

(f) On the basis of the evidence produced at the hearing, the board <shntl mak.e ,

findings and enter such orders as in its cpinion will best furthm t:ie purpeses c! -

Sections 53-4301 -- 53 4315 and shall give written notice of scch- deci:icns and orders to the parties affected. The order issued under this msection snall be issued no later than thirty (30) days following the close of the rearmg. The fli:a.!

order or determination has been issued.

(g) The chancery court of Davidson County shall have :xclus:vec cuiu;naa

. jurisdiction of all review proceedings instituted under the authu tv and pr.ov:mitms

( of this chapter. Appeals from orders and decrees of said c"meeny, caur.3. md proceedings brought under the provisions of this chapter shall!@ to de incrrre Court despite the f act that controverted questions of f act may be nuobed ther . rn.

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SECTION 53 I+314. PENALTY FOR VIOLATION.--Any person violating any of the provisions of this chapter, or f ailing, neglecting or-refusing to complywith any '

order of the commissioner or board lawfully issued shall be guilty of a misdemeanor and upon conviction, shall be liable to a fine of not less than ten dollars ($10.C0) nor more than one hundred dollars ($100.00) for each violation, within the discretion of the court, and each day of continued violation shall constitute a separate offense. .

SECTION 53 '+315. IN3 UNCTIONS RESTRAINING VIOLATIONS.-In addition to the penalties herein provided the commissioner may cause the enforcement of any order, rules or regulations issued by him or orders issued by the board to carry out the provisions of this chapter, and the orders, rules or regulations of the commissioner or orders of the board in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation thereof. The district attorney general in whose jurisdiction a violation of this chanter occurs or the attorney general of the state sha!! institute and prosecute

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such suits when necessity therefor has been shown by those herein clothed with the power of investigation.

SECTION 53-4321. APPROVAL OR DISAPPROVAL OF APPLICATIONS WITHIN 90 DAYS--EXPENSES OF TESTS AND STUDIES.--Any county or municipality seeking to operate or maintain a solid waste treatment facility or disposal facility, or site under this chapter who tenders any plan for any solid waste

- disposal facility or site, or any application for registration or approval of any

(.. facility as required by this chapter, or any regulation of the department, shall receive written approval or disapproval of such plan or application within ninety (90) days of the date such application is received by the department. The expense of any geographical studies, core samples, soil samples or other data required by the department in its evaluaten of any solid waste disposal facility or site submitted by a county or municipality for approval, registration, or acceptance according to the department's standards, shall be borne by the department when such tests are made. The county or municipality involved shall, however, reimburse the department for such expenses upon receiving the department's final written approval or disapproval of the site or f acility involved.

Any county or municipality, may, at its option conduct its own geographical studies to produce the data required by the department for its evaluation of any facility or site. The department shall be reimbursed within 30 days af ter the municipality has been billed by the department for the services rendered under the provisions of this section.

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REGULATIONS , . -

GOVERNING THE PLANNING, CONSTRUCTION, OPERATIOl'. .iND MAINTENANCE OF SOLID WASTE PROCESSING AND DISPOSAL SYSTEMS IN TENNESSEE I, Eugene W. Fowinkle, Commissioner of the Department of P:31ic HeaUth :d the State of Tennessee, by virtue of the authority vested in me under Chagtar 293 of the Public Acts of 1969, hereby promulgate the following regulati:ns rac.cihg;rc3 the planning, construction, operation, and maintenance of solid wate: prw2saing

. and disposal systems for the purpose of protecting the public heatir.,saht9,. axd welf are; preventing the spread of disease and creation of nuisances;c:nservihg ce=

natural resources; enhancing the beauty and quality of our enVranmenn ud providing a coordinated statewide solid waste disposal program. -

Now, therefore, the following regulations are hereby adopt 2d, tne 7uMc welfare requiring it.

RULE 1200-1-7 .01 Definition (1)

" Bulky Waste" - Large items of refuse such as but not limited r.v :<ppliancas, f urniture, auto or large auto parts, trees and branches, and stunym

( (2)

" Composting" - The controlled biological decomposition of solic trgcnic wast..-

material under aerobic conditions, which shall produce an end r: t duct free c,C pathogenic organisms.

(3) Commissioner" - The Commissioner of the Tennessee Deparr.ent' ct' PttIc Health or his authorized representative.

(4) " Department"- The Tennessee Department of Public Health.

(5) " Garbage" - All kitchen and table waste, and every accumulatim ofianimatec vegetable waste that attends or results from the preparation, -!ealing, cru cr handling of food stuifs.

(6)

" Hazardous Waste" - Includes, but is not necessarily limited w ex;ricshet, pathological wastes, radioactive materials, and certain chemicds wht'ch snah' be determined by the Department.

(7) " Health Officer" - The director of a city, county, or district he6.9. acpar munt having jurisdiction over the community health in a specifi: area, en his authorized representative.

" (S) " Incinerator" - A solid waste burning device which provit.es acde;rr22e controlled combustion resulting in a nuisance free residue compr.ed ai nnM or no combustible or organic material.

(9) " Industrial Waste" - All solid wastes which result frem industria~ jrecmes.and

, manuf acturing operations.

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. .im (10) "Open Burning" - The burning of any matter under such conditions that the

( products of combustion are emitted directly into the open atmosphere.

(11) "Open Dumping" - The depositing of solid wastes into a body or stream of water or onto the surface of the ground without compacting the wastes and .

covering with suitable material to a depth and at such time intervals as prescribed in these regulations.

(12) " Person" - Any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this State or any other state, and any governraental agency or county of this State.

(13) " Refuse" - Putrescible and nonputrescible solid wastes except body wastes, including, but not limited to, garbage, animal carcasses, rubbish, incinerator residue, street cleanings, and industrial waste.

(14) " Rubbish" - Nonputrescible solid wastes, consisting of both combustible and noncombustible was tes, such as, but not necessarily limited to, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products, or litter of any kind.

(15) " Solid Waste" - Garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solids cr

( dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigatior return flows or other common water pollutants.

(16) " Solid Waste Disposal System" - The relationship of the coordinated activities of and resources for processing and disposal of solid wastes within a common geographical area and under the supervision of any person or persons engaging in such activities.

(17) " Solid Waste Processing" - An operation for the purpose of modifying the characteristics or properties of sclid wastes to facilitate transportation or disposal of solid wastes including, but not necessarily limited to, incineration, composting, separation, grinding, shredding, and volume reduction.

(13) " Solid Waste Disposal" - The process of placing, confining, compacting, or covering solid waste except when such solid waste is for reuse, removal, reclamation, or salvage. -

(19) " Transfer Station"- An approved place for consolidation or temporary storage of solid waste prior to transportation to a processing operation or the final disposal site.

(20) " Household"- Those who dwell under the same roof and compose a f amily.

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s RULE 1200-1-7 .02 Registration of Disposal or Processing Operation.

(1) Registration Required - No person, except as herein specified, shaGcer .m e maintain a solid waste processing facility or disposal facility or siv. withi: -he State of Tennessee without making application for acknowledgement from the Commissioner. It is the intent of ant r.aceivirn tht.:sec::en t: .

exempt from registration the individual householder disposing of :alid vasta-from his own household upon his own land providing this does mt. cresca a public nuisance.

- '(2) Registration Procedures - The procedure for obtainng appro.:tt x ruch facilities is established by the following sequence:

(a) A feasibility study as provided by Rule 1200-1-/ .04 must be nce:ve i a::c:

approved by the Commissioner.

(b)

The proposed site locations shall be evaluated by the Depiccr.ent trd written notice of. the findings shall be transmitted to ths ;repcce:

registrant.

(c) As per Rules 1200-1-7 .05 and .06, construction and opern:enat' placs

( shall be submitted to the Department for review. These phes. shail' 6e reviewed for conformity with the Regulations with considerudon.c6 any-restrictions imposed by the Department's on-site evaluation.

(d) Application for registration to operate or maintain a solid' was a processing facility or disposal site shall be made in wriing to, tae Commissioner at least sixty (60) days, but no more than me-itendrac eighty (130) days, prior to the starting of operation. Af ter l'31 day: t.".e application shall be resubmitted if operation has not begun b. dat tilme- .

Such application shall be on forms furnished by the Department. Trinen acknowledgement of registration shall be received before eperarien Es started.

(3) Change of Ownership - In the event of an intended change of owmrshio of a solid waste processing facility or a solid waste disposal facili1; 2r site; a written application for registration shall be made to the Commis@ner oy rhe proposed new owner at least sixty (60) days prior to the proposui. chang e ej ownership. ,

RULE 1200-1-7 .03 Application for Federal, State, or Other Grants anc cans.

(1) All applications made by Tennessee counties, cities, towns, munir.palitie, :r any combination thereof for federal, state or other grants ard Mans tr-assistance in designing, acquiring, constructing, altering, or opetc:cq si:t waste processing f acthr,ies and disposal f acilities or site shall be 9:cmi-ten a the Department for review prior to their submission to the granting y:ncy.

. ..o (2) Only those applications shall be accepted and considered which are submitted -

from counties, towns, and municipalities who have officially adopted a plan for ,

a solid waste disposal system or who are included in an officially adopted plan for a solid waste disposal system which covers two or more such jurisdictions.

The Department shall approve or disapprove such plans in accordance wrih these regulations.

RULE 1200-1-7 .04 Solid Waste Disposal System - Feasibility Study (1) When new construction of a solid waste disposal or processing facility is contemplated, a feasibility study shall be completed and submitted by the applicant to the Department for approval. This study shall contain, but not necessarily be limited to:

(a) 13adground information on the region to be serviced, by the system, including:

1. General topography of the region (map required).

2. Political entities involved and the responsible official or officials.

3. Population density and trends - designating population centers of the service area (map required).

4. Major waste producers -

locate any industrial and commercial establishment producing a large volume of solid waste or a waste that is hazardous or difficult to handle (map required).

5. Transportation system - relate major waste producing areas to transportation routes servicing the region (maps required).

(b) Existing disposal or processing facilities servicing the region, including:

1. Existing facilities - noting: responsible authority, estimated volumes processed, waste types received, equipment and labor utilized, and approximate annual capital outlay.

2. Collection services - noting: service area, administrative authority, service costs, equipment utilized, and disposal site.

3.

Environmental effects of the present system.

(c) Anticipated future developments having a direct bearing on the disposal or processing of solid waste, including: increased volumes due to population increases, commercial or industrial development, recreational or other seasonal activities, expanded collection service, or any other factors which may affect volumes.

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(d) An evaluation of availabic alternatives for processing and/or disposal of '

solid waste in keeping with the environmental requirements of the Department and with a sound economic evaluation of the proposals. This evaluation shall be conducted in two consecutive steps.

1. Systems Evaluation - An economic evaluation of available alternatives .

j~ shall be completed. An annual cost of waste disposal or processing sha!!

be the basis for this comparison. Each evaluation shall include, but not necessarily be limited to:

, (i) Equipment - Depreciation and operational costs of a!! required equipment shall be evaluated on a manufacturer recommended lif e.

" (ii) Personnel - Wages, fringe benefits, and other costs of inhnrers and administrative staff shali be estimated. .

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(iii) Land and capital improvement costs.

(iv) Haul costs - Accessibility of the facility to waste producers shall be a major consideration. For this evaluation areas within the proposed service region will be the basis for determining estimated costs.

Also, the transfer costs shall be estimated for the nearest registered disposal or processing facility. (In consideration of a sanitary landfill C a preliminary evaluation indicating potentially usable geologic formations shall be provided by the Department.)

2. Site Evaluation -

(i) In consideration of the findings of Systems Evaluation, proposed site locations shall be submitted to the Department for review. These sites shall be submitted by means of a standard 7.5 minute quadrangle map which has designated thereon the proposed site boundaries and topography. In addition, for each proposed site an evaluation by the governing zoning board and the controlling transportation authority must be included. The transportation system evaluation shallinclude restrictive load limits, vehicle per hour capacity, traffic controls, and any other factors which will have a direct bearing upon the site access.

(ii) An on-site investigation shall be conducted by the Department and a "

report prepared for each proposed site. The results of the Department's investigation shall be filed with the proposed operating

. agency and any further action shall be directed by the Department.

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- , , b, RUI.E 1200-1-7 .05 Solid Waste Disposal System Design and Construction.

(1) General - No new construction shall be initiated nor shall any major change be made in any solid waste processing facility or disposal facility or site until the plans for such new construction or change have been submitted to and approved by the Department. At least four (4) sets of plans and specifications shall be submitted not less than four (4) weeks prior to the date upon which action by the Department is desired. In the event it is necessary or desirable to make any significant change in the approved plans and specifications, revised plans and specifications, accompanied by a statement of the reasons for the changes shall be submitted to the Department for review and no part of the affected work shall be commenced until the Department has given its written approval.

(a) All work on new construction or changes of existing disposal. systems shall be done in conformity with approved plans and specifications. The

~ Department may require reports and make investigations during and following the completion of any construction to determine conformity of the work with the approved plans. The facility shall not be operated until a final investigation is made and approval is granted.

(b) All plans and specifications shall be accompanied by a letter from the local agency having jurisdiction over zoning or from the Tennessee State

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Planning Commission if no local agency exists stating that the proposed site or facility meets zoning requirements, if such exist, and is consistent with comprehensive community planning if such a plan has been developed.

(2) Processing Facilities - Incinerator (1,000 lbs./hr. capacity or greater),

composting plants, transfer stations, hazardous waste processing and other processing methods.

(a) Processing facility design and construction shall be such as t'o produce a facility which will preserve the prescribed quality of the environment and provide the maintenance of good health and safety of the operators. This regulation shall also require compliance with other applicable Tennessee environmental control regulations. Plans and specifications shall be prepared by an engineer licensed to practice in Tennessee and shall

. contain the following:

1. A master plan for the area lying within a one mile radius of the site. .

This plan shall be drawn at a scale of not less than 1 in. = 400 f t. It shall indicate existing roads, bridges, streams, rail facilities, water impoundments, land use, zoning, topography - 20 f t. contour interval, water and waste water treatment f acilities, water supply sources, and other utilities adjacent to or located on the site. It shall show the proposed site, location or proposed access roads, and major drainage routing. -

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2. A site plan for the area lying within the designated site boundaries. '

This plan shall be drawn on a scale of not less than 1" = 100 f t. On this plan shall be noted site boundaries, topography - 5 foot contour intervals, on-site structure, access roads, drainage appurtenances, sanitary facilities, utilities, water supply, waste water collection and treatment facilities, and any other facilities utilized in waste processing. ,

3. A set of drawings and specifications for equipment and buildings shall be included. .

. 4. Such other drawings and details as may be required by the '

Department.

5. Traffic control information in the area of the processing f acility must be evaluated. Such evaluation sha!! be reflected in a letter from the controlling traffic authority indicating that the operation of a processing facility at the proposed site will be acceptable. A map cf the proposed route to and from the designated disposal site shall be submitted to the Department.

6. A manual containing operational procedures must be submitted to the Department. This manual must include but not necessarily be limited f to: operating hours, personnel duties, odor and vector control, waste

( processing sequence, fire and accident prevention, site and equipment maintenance, and any other operations necessary for the maintenance of an approved system.

7. Operation and/or construction plans shall indicate an acceptable method of handling solid waste in the event of a failure in the primary processing facility. .

, 8. A proposal shall be submitted for the disposal or use of processed was te.

(3) Disposal Facility or Site (a) General - For land disposal sites serving countics, cities, towns, municipalities, or any combination thereof, the approved method of disposal shall be the sanitary landfill. For land disposal sites serving ,

industrial and agricultural concerns the approved method of disposal, -

including items of design, construction, operation and abandonment shall be approved by the Department for each individual situation.

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( (b) Sanitary Landfill - Those items of design, construction, and operation which define a sanitary landfill are presented in this section and in the ,

section on operation. Plans and specifications should be prepared by an engineer licensed to practice in Tennessee and shall contain but may not necessarily be limited to:

1. A master plan for the area lying within a one mile radius of the site.

This plan shall be drawn at a scale of not less than 1 in. = 400 f t. It -

shall indicate existing roads, bridges, streams, rail facilities, water, impoundments, land use, zoning, topography - 20 f t. contour interval, water and waste water treatment facilities, water supply sources, and other utilities adjacent to or located on the site. It shall show the proposed site, location of proposed access roads, and major drainage routing.

2. Detailed construction plans at a scale of not less than I in. = 100 ft.

Plans shall indicate actual plan of operation including existing-contours - 5 f t. intervals, structures, drainage area, utilities, fencings, property lines, and proposed structures, drainage and drainage appurtenances; finish contours - 5 f t. intervals, method of developing fill areas, on-site access roads, fencing, sign location or artifical screening, utilities, cross section of typical lif t, land use, and conservation plan.

(c) Basic design considerations:

1.. Site Selection - No site shall be subject to flooding. Geologic conditions shall be such as not to permit pollution of the ground water. Sufficient soil cover or other material approved by the Department shall be available preferably at the site, for covering the waste at the required intervals and to the required depth. The site must comply with the local zoning requirements and land use planning.

2. Access Roads - All-weather roads shall be provided to the disposal site and shall be of such design and construction as to safely accommodate the traffic using the site. On-site roads shall be all-weather or, in lieu thereof, wet-weather disposal areas shall be provided.

3. Site Drainage - All surface water shall be diverted around the operations area. Water shall not be allowed to accumulate at any -

location on the site unless such location has been approved by the Department.

4. Site Fencing - Access to the site shall be controlled by means of gates which may be locked and by fencing if such become necessary.

All fencing and gates shall be of sufficient height and strength to serve the purpose intended.

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5. On-Site Structures - There shall be provided on the .0/:' I st vttwe. -

for the use of operating personnel. The structure shaIS 5eatec. rc shall provide shelter during inclement weather. in <:c neae the structure there shall be provided sanitary toilet facilhJes.

6. Fire Protection - Fire protection shall be provided f:c se si:r. ~S e specific method to be used shall be approved by the Demr:wnt. ~

7.

Signs - There shall be erected at 'the entrance to t::e site a sh;.g clearly legible and visible which shall contain the foibming:

(i) Name entity served

(ii) Emergency phone number (iii) Fees charged (if applicable)

(iv) Restricted materials-(if applicable) -

(v) Operating hours (vi) Penalty for unlawful dumping (if applicable) -

8. Equipment -~ The equipment specified shall meet te perfcrmance requirements necessary for operating the sanitary f ar cfill in accordance with the operating requirements corta r.ed in $csa regulations. Arrangements for emergency equipme:t sha!! he mae:

to allow for operating equipment breakdown.

RULE 1200-1-7 .06. Solid Waste Disposal System Operation.

(1) General-The operation and maintenance of all solid waste tispcsa! ;yster:s shall be such as not to endanger the public health or safety,not. to adverserf affect the quality of the environment and to provide for the p::per precessicT and disposal of solid waste.

(2) Processing Facility.

(a) Incinerators - Incinerator operation shall be such that thereqpirements.cd the Tennessee Air Pollution and local control regulations tre met.

1.

Access to Site - Access to the incinerator shall be limited to $e hours in which authorized operating personnel are on futy. at the si':e_

2. Site Storage - All solid waste disposed of at the site s:all be confined ,

to the designated dumping area. Storage of the wzsra at e 3 ire -

shall be kept to a minimum.

3. Supervision of Operation - An incinerator shall be op. rated :nden t:%

supervision of a responsible individual who is thoroughly famer.ar vht the operating procedures established by the designer.

4. Incinerator Residue - An incinerator shall be so op. rated. tha.i W:

( residue produced will contain little or no combusicle er crpnic material. All incinerator residue shall be disposed .d .h a sanc:rr manner.

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(b) Composting Plants -

1. Access to Site - Access to the composting plant shall be limited to the hours in which authorized operating personnel are on duty at the site.

2.

4 Site Storage - All solid waste disposed of at the site sha!! be confined to the designated dumping area. Storage of the waste at the site shall be kept to a minimum.

3. Supervision of Operation - A composting plant shall be operated under the supervision of a responsible individual who is thoroughly familiar with the operating procedures established by the designer.

4. Nongradable Solid Waste - Solid waste which is not degradable by compost methods and is a resulting by-product of a coniposting plant shall be disposed of in a sanitary manner.

5. Use of Composted Solid Waste - Composted solid waste offered for use by the general public shall contain no pathogenic organisms, shall be innocuous, shall be nuisance free, and shall not endanger the public health or safety.

( (c) Transfer Stations, Hazardous Waste Processing Plants, and Other Processing Methods - Operation of transfer stations, hazardous waste processing plants, or other processing methods shall be such that the intended function of the facility will be best served, and that the public health and safety will not be endangered, and that nuisances will not be created. Specific operating procedures for each installation shall be approved by the Department prior to initiation of operation.

(3) Disposal Facilities and Sites.

(a) Sanitary Landfill.

1. Access to Site - Access to the sanitary landfill site shall be limited to the hours in which authorized personnel are on duty at the site. A container shall be provided for after hours usage at the entrance of the site.

2. Unloading of Waste - The unloading of the solid waste shall be '

controlled and restricted to an area such that the material can easily be incorpo' rated into the working face with the available equipment.

3. Blowing Litter - Blowing litter shall be contro!!ed. The entire sanitary landfill shall be kept free of litter, and unloading shall be performed so as to minimize scattering of the solid waste.

( 4. Spreading and Compacting of Waste - Solid waste shall be spread in s layers of approximately two (2) feet depth prior to compaction.

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5.

Daily Cover - At least six (6) inches of compacted cover material .

shall day. be placed on all exposed solid was'te by the end of each working -

6.

Intermediate Cover - In all but the final lif t of a sanitary landfill twelve (12) inches of , compacted cover material shall be placed on all surf aces which will be lef t exposed for a period of over one month.

7.

Final Cover - A depth of at least twenty-four (24) inches of compacted cover material shall be placed on the fill not later than one (1) week af ter final lift is completed. In order to prevent erosion and surface deterioration the final cover shall be stabilized immediately to the satisfaction of the. Department.

3.

Open Burning - No garbage or refuse containing . garbage shall be burned at the sanitary landfill site.

Open burning cf tree limbs, brush, excelsior, dunnage, and other items of comparable combusion characteristics may be performed but shall comply with requirements of the Tennessee Air Pollution Control Regulations or local regulations.

9.

Salvage Operations - Salvaging shall not be permitted at the working face of a landfill site or at any place within a site that interferes with prompt sanitary disposal of solid waste. Salvaging' when C performed shall be such that no hazard to the public health or safety shall be created. Before any salvage operation is begun, approval of the operation shall be made by the Department.

10.

Handling of Special Wastes - Dead animals, sewage solids or liquids, and other materials which are either hazardous or hard to manage shall be disposed of in a sanitary landfill only if special provisions are made for such disposal and are approved by the Department.

11.

Vector Control - Conditions unfavorable for the production of insects and rodents shall be maintained by carrying out routine sanitary landfilling operations promptly in a systematic manner. Supplemental vector control measures shall be instituted whenever necessary.

12.

Dust Control - Dust control measures shall be taken at a landfill site to prevent dust from creating a nuisance or safety hazard to adjacent ,

landowners, or to people engaged in supervising, operating and using the site.

13. Supervision of Operation - A sanitary landfill shall be operated under the supervision of a responsible individual who is thoroughly familiar with the operating procedures for the specific landfill under consideration.

14.

{ Domestic Animals - Domestic animals shall be excluded from the site.

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15. Records and Reports - The Department shall require such records and C reports necessary to assist it in fulfilling the requirements of these regulations. - -

16. Contamination Control- There shall be no contamination of ground or surf ace waters resulting from deposited solid wastes or their products of decomposition, nor hazard or nuisance caused by gases or other products generated by the biologically or chemically active wastes.

Should any liquids or gases which might contaminate ground or surface water or create a hazard or nuisance be released from a registered sanitary landfill, then those measures necessary to

, eliminate the contamination or nuisance shall be initiated immediately by the registrant. All gaseous or liquid waste discharges shall comply with the existing " Water Quality Control Act of 1971,"

(T.C.A.70-324, et seq.) and the provisions of the " Tennessee Air Quality Act" (T.C.A. 53-3408 et seq.). Prior approval should be received from the Department before initiating control procedures which require alteration of the approved operating plan.

17. Accident Prevention and Safety - Employees shall be instructed in the principles of first aid and safety and in the specific operational procedures necessary to prevent accidents. Accident precautionary measures shall be employed at the site. An adequate stock of first-aid supplies shall be maintained at the site.

( 13. Drainage and Grading - The entire site shall be graded and/or provided with . drainage facilities to minimize run-off onto the sanitary landfill, to prevent the erosion of earth cover, and to drain rainwater falling on the surface of the sanitary landfill. The final surface of the landfill shall be graded to drain, but no surface slope shall be so steep as to cause erosion of the cover. The surface drainage shall be consistent with the surrounding area and shall in no way adversely affcct proper drainage from these adjacent lands.

19. Completion of the Sanitary Landfill - An inspection of the entire site shall be made by a representative of the Department before the site is abandoned. Any corrective work shall be performed before the project is accepted. Arrangements satisfactory to the Department shall be made for repair of all cracked, croded, and uneven areas in the final cover during the year fnlinwing compir rion of tha fill. Upon completion all sites shN be recorded with the Register of Deeds as a former landfill site. ,

20. Future Planning - All owners or operators of registered sanitary '

landfills within the State of Tennessee shall file with the Department, by May 1st of every year, an estimate of the remaining life of their site. This report shall include the original usable acreage of the site and the remaining unused portion at the time of the report. Where measuring facilities are available, an average monthly weight (or

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( volume) estimate of the incoming waste shall be supplied. The 9

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Department shall have final determination of the accurt.cy of the estimate. A feasibility study as provitfed by Rule 1200-1 7 .04 must be submitted to the Department for a new site, facility or system one

_ year prior to the completion of the existing facility. A suitable site for the new facility shall be selected six months before the existing site is completed. Design and construction plans shall be submitted.

ninety days prior to the closure of the- existing site to assure _

continued operation in an approved facility or site.

(4) Conversion or Abandonment of Open Dumping - The following steps shall be followed when sites are abandoned or converted to sanitary landfi!!s.

(a) When converting, prepare construction plans for landfill operation of site in accordance with provisions of these regulations.

(b) If a site is to be abandoned, submit plans, as required by these regulations,

, showing condition of site upon completion.

(c) Fence or otherwise restrict unauthoriaed access.

(d) Place necessary informational signs.

(e) C!cse site to incoming refuse or establish a specific spot on the site for sanitary landfill operation during closing.

i (f) Extinguish fires, except as herein stated.

(g) Control vectors - Bait site not later than one week following final load of l solid waste. Compact and cover sites not more than one week following battmg.

(h) Provide drainage of the entire site.

(i) In order to prevent erosion and surface deterioration, the final cover shall be stabilized immediately to the satisfaction of the Department.

j (j) All cracked, croded and uneven areas occurring in the final cover during the year fo!!owing final abandonment of the site shall be repaired to the ,

satisf action of the Department. Should any former dump site release

, liquids or gases which might contaminate surface or groundwaters or create a hazard or a nuisance, then all necessary measures shall be taken '

by the responsible person (s) to eliminate the contamination or nuisance to the satisf action of the Department. All gaseous or liquid waste discharges shall comply with the existing " Tater Quality Control Act of 1971,"

, (T.C.A.70-324, et seq.) and the provisions of the " Tennessee Air Quality Act" (T.C. A. 53-3403 et seq.).

(k) Upon completion, all sites sha!! be recorded with the Register of Deeds as

, a former disposal site.

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, - . _ - . - ~ . . = . . ~ . _. . . - _

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RULE 1200-1-7 .07. Waiver - One or more of the provisions in the above ..

regulations may be waived in whole or in part when, in the opinion of- the

~

Commissioner, there are factors or circumstances which render compliance with such provision (s) unnecessary: Provided, That, such provisions shall be specifically exempt in writing by the Commissioner.

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