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Solid Waste Management Permit-By-Rule

Who Can Obtain A Permit-By-Rule Authorization?

Any solid waste processing facility that changes the chemical or physical characteristics of a solid waste must obtain a Permit-by-Rule authorization from the Division of Solid and Hazardous Waste Management. Other activities that must have a Permit-by-Rule are coal ash fill areas, tire storage facilities, convenience centers and transfer stations. Multiple operations at the same location can operate under one permit.

Junkyards, on-site baling of solid wastes and other exempted solid waste disposal facilities or practices are not required to obtain a Permit-by-Rule authorization.

What Information Must I Provide?

The applicant must submit the following items to the Division of Solid and Hazardous Waste  Management staff at the appropriate Environmental Field Office:

» A topographic map and scaled drawing of the operation

» A work sheet regarding storage capacity

» A completed application (Form CN-1035) which requires standard information such as the facility location, name and address, the type and description of activity at the facility and the characteristics of the waste being handled

» A narrative explaining how the facility will comply with applicable criteria given Permit-by-Rule activity

» Facilities with more than 1,000 cubic yards of storage capacity must submit financial assurance documents.

The applicant cannot store waste or equipment on-site prior to having submitted a Permit by-Rule notification.

Form Description Number Form
Permit-By-Rule CN-1035 PDF

How Will My Application Be Evaluated And Processed?

A Permit-by-Rule is based on the regulations and not on a facility-specific document. The applicant must demonstrate that the facility complies with the Permit-by-Rule regulations. The application is evaluated by inspecting the facility and checking the submitted narrative for consistency with the rules and regulations.

After the items have been reviewed and approved by the Environmental Field Office (EFO), the application is sent to the Division of Solid and Hazardous Waste's central office with an approval letter. The application is then reviewed for accuracy and completeness, logged in and given a number. An authorization letter is written, and the Solid Waste Permit-by-Rule conditions are attached. Copies of the complete package are sent to the applicant, Division EFO and central offices and the SWM Waste Audit Section. The application normally is processed in about 60 days.

The Permit-by-Rule authorization is valid as long as the maintenance fees are paid or until a significant modification is made that will require a new application.

What Fees Are Required?

Application review fees:
 » Application review fee for processing facilities $1000
 » Annual maintenance fee for processing facilities $3000
 » Application review fee for transfer stations $500
 » Annual maintenance fee for transfer stations $1500
 » Annual maintenance fee for coal ash fill $3000
 » Annual maintenance fee for land application $100
 » Solid Waste Application Filing/Processing Fee Form (CN-0934) CN-0934

At the end of each year, the annual maintenance fee may be refunded if documentary proof is submitted showing that at least 75% of the wastes were recycled. Tire storage centers, coal ash facilities,

What Are My Rights And Responsibilities After The Approval?

The applicant has the right to proceed with the approved activities according to the conditions specified. Permits are transferable but require a new application and assumption of financial assurance requirements.

The Solid Waste Permit-by-Rule describes the conditions and responsibilities of the applicant. Specific terms of the permit include the duty to comply with conditions, mitigate releases to the environment, guard against disposal of hazardous wastes and unauthorized special wastes, properly operate and maintain the facility, provide information when requested, allow inspections, monitor, keep records and meet reporting requirements.

What Are The Division's Rights And Responsibilities After The Approval?

The Division has the right to inspect the facility without announcement. Enforcement actions and penalties for violations range from administrative orders to fines of up to $500 per day per incident.

The Division of SWM has the responsibility to regulate solid waste processing facilities to protect public health and the environment. The Division has the responsibility to inspect a facility at a minimum of once every three months.

Whom Do I Contact For Applications, Assistance And Other Sources Of Information?

Applications and further assistance can be obtained from the Tennessee Division of Solid and Hazardous Waste. New applicants who need more than one permit can contact their Environmental Field Office for further assistance.

Applicants may refer to the following publications for further information:

» TDEC Rule Chapter 0400-11-01-.02(2) - .02(5) – Permit-by-Rule and Terms of the Permit.
» T.C.A. 68-211-106 Registration – Exemptions from Permits-by-Rule