Who Needs a Modification?
The following are causes for modification
- There are changes to the permitted facility which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
- The Commissioner has received information which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance.
- The standards or regulations on which the permit was based have been substantially changed by legislation or promulgation of amended standards or regulations or by judicial decision after the permit was issued.
- A major modification of a closure plan or post-closure plan is required.
- To include conditions applicable to units at a facility that were not previously included in the facility’s permit.
What Are the Types of Modifications?
Minor modifications are changes in the plans for a facility which will not alter the expected impact of the facility on the public, public health, or the environment.
Major modifications shall include changes in final contour elevations, increase in capacities, changes in direction of site drainage and other changes deemed major by the Commissioner.
Determinations as to whether a modification is deemed Major or Minor will be made by the Department.
What Information Must I Provide?
Request for a modification to a landfill permit requires the submission of the Solid Waste Facility Modification Notification, CN-1509
In addition, both Minor and Major Modifications require submission of replacement pages or drawings to the original plans and operations manuals. The permittee must modify Engineering Permit Drawings and Narrative Description of the Facility and Operations to keep construction and operational details current.
Electronic submittal of the completed notification form and supporting material are highly recommended; however note that many modifications will ultimately require the submittal of a physical plan set or revisions to the operations manuals in a quantity determined by the Department.
How Will My Application Be Evaluated And Processed?
The field office permit writer completes review of the requested modification. Once completed, a peer review process with the Nashville Central office is completed which differs in procedure whether the modification is major or minor and the relative complexity of the request. Once this peer review process is complete, the modification is presented to the Director for approval. Approvals for minor modifications are ultimately issued by the field office, while all major modification are issued by the Director.
For Major Modifications, when all documents and approvals have been met, a public notice of intent to modify the 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.
Lateral expansions must also include a Part I application and in general go through the same process a new landfill permit would.
What Fees Are Required?
Minor modifications require no fee.
Major modifications require a $2,000 fee and submittal of Solid Waste Application Filing/Processing Fee Form, CN-0934.
What Are My Rights And Responsibilities After The Approval?
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.
If a permit modification is denied or if the applicant disagrees with certain permit conditions, the permit may be appealed to the Underground Storage Tanks and Solid Waste Disposal Control Board.
The applicant is responsible for:
- Monitoring and submitting results for ground water, surface water and landfill gas
- Keeping records on the sources and weight of all wastes received
- Submitting reports describing any construction activities, compliance with cover requirements and monthly waste volumes
- Conducting an annual survey to determine remaining landfill capacity.
- Guarding against the disposal of hazardous waste, unauthorized special waste and PCBs
What Are The Division’s Rights And Responsibilities After The Approval?
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 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.
Whom Do I Contact For Applications, Assistance And Other Sources Of Information?
Applications and further assistance can be obtained from the Division of Solid Waste Management. 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, Solid Waste Storage, Processing and Disposal Facilities
- TDEC Rule Chapter 0400-11-01-.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
- Local Governments Which Have Adopted the Jackson Law
- Landfill Permits