Environmental Permits Handbook
Persons who wish to construct or operate a solid waste disposal facility must obtain a landfill permit from the Tennessee Division of Solid and Hazardous Waste Management. Permits are required by the following types of disposal facilities:
Facilities covered by Permit-by-Rule, junkyards and other exempted solid waste disposal facilities or practices are not required to obtain a landfill permit.
The applicant must submit the following items to the Division of Solid and Hazardous Waste Management staff at the appropriate Environmental Assistance Center.
Part II consists of the following items:
A new facility cannot begin construction without submitting Parts I and II and receiving an effective permit.
Permit applications are evaluated by inspecting the facility and checking its consistency with Parts I and II to determine whether performance and design standards have been met.
After the Part I application is received and reviewed for completeness, a preliminary public notice is issued. The state archeologist reviews the site for the existence of burial grounds. The Part II items then are submitted to the Division and are reviewed by a committee. When all documents and approvals have been met, a second public notice of intent to issue a permit is issued. Public response to this second notice may generate another public notice to hold a public hearing. If requested, the Division may give notice of a public hearing concurrently with the second public notice of intent to issue a permit. After review of the public comments, a final public notice with the permit decision is issued. The entire permit process may take from 16 to 32 months, depending on the type of facility, public interest, public hearings, revisions, appeals and site preparation.
Landfill permits are valid for the life of the facility as permitted as long as it complies with regulations and annual maintenance fees are paid.
Annual maintenance fees:
The applicant has the right to proceed with approved activities according to the conditions specified on the permit. Permits are transferable but require a new application, public notice, disclosure statement and assumption of financial assurance requirements. Major modifications require a public notice and re-issuance of the permit.
If a permit is denied or if the applicant disagrees with certain permit conditions, the permit may be appealed to the Tennessee Solid Waste Disposal Control Board.
The applicant is responsible for:
The Division has the responsibility to regulate solid waste storage, processing and disposal facilities in order to protect public health and the environment.
The Division of Solid and Hazardous Waste Management has the right to inspect a facility as deemed necessary and without announcement, terminate a permit or deny a renewal for non-compliance, and establish permit conditions in order to achieve compliance with federal laws. Penalties for noncompliance range from administrative orders to fines up to $5,000 per day per violation.
Applications and further assistance can be obtained from the Division of Solid and Hazardous Waste Management. New applicants who need more than one permit can contact their regional Environmental Coordinator for further assistance.
Applicants may refer to the following publications for further information:
TDEC Rule Chapter 1200-1-7-.02, Solid Waste Storage, Processing and Disposal Facilities
TDEC Rule Chapter 1200-1-7-.03, -.04, Financial Assurance and Specific Requirements
40 CFR Parts 257 and 258
T.C.A. Section 68-211-114 , -117 Criminal and Civil penalties