Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-12 - Division of Solid Waste Management (Hazardous Waste Program)
Chapter 0400-12-02 - Commercial Hazardous Waste Management Facilities
Section 0400-12-02-.01 - COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITIES: GENERAL

Universal Citation: TN Comp Rules and Regs 0400-12-02-.01

Current through September 24, 2024

(1) General

(a) Purpose, Scope and Applicability

1. This rule provides definitions of terms, general standards, and overview information applicable to these rules.

2. In this rule:

(i) Subparagraph (1)(b) establishes rules of grammatical construction for these rules.

(ii) Subparagraph (1)(c) describes the system by which these rules are organized, numbered, and referenced.

(iii) Subparagraph (2)(a) defines terms which are used in these rules.

(b) Use of Number and Gender

As used in these rules:

1. Words in the masculine gender also include the feminine and neuter genders.

2. Words in the singular include the plural.

3. Words in the plural include the singular.

These rules are organized, numbered, and referenced according to the following outline form:

(1) paragraph

(a) subparagraph

1. part

(i) subpart

(I) item

I. subitem

(2) Definitions and Incorporations

(a) Definitions

Unless otherwise defined in this subparagraph, the definitions found in paragraph (2) of Rule 0400-12-01-.01, "Hazardous Waste Management System: General", shall apply when those terms are used in this Chapter. In addition, when used in this Chapter, the following terms have the meanings given below:

"Appropriate local community officials" shall include, but not necessarily be limited to, the chief officer of the county legislative body of the county in which the commercial facility is or is to be located and the chief officer(s) of the municipal legislative body(ies) of all incorporated municipalities where the commercial facility is or is to be situated within, or within one mile of, the boundaries of such municipality.

"Area" means a section or region of land potentially subject to adverse impacts due to releases from hazardous waste TSD units in one or more associated locations. Adverse impacts may occur via both ground water and surface water flow. Because ground water and surface water intake and withdrawal points are not necessarily adjacent to each other, an area does not necessarily border a location.

"Commercial facility" means any hazardous waste management facility that stores, treats or disposes of hazardous waste generated off-site. However, a facility shall not be deemed to be a commercial facility if the only hazardous waste that it receives from off-site is either:

1. hazardous waste generated from material manufactured by a corporation, generated only at a site or sites owned or operated by the same manufacturing corporation, or subsidiaries of such corporation, or product distribution sites under contract to such corporation; provided, that the volume of hazardous waste received from such sites and placed in storage for more than thirty (30) days does not exceed ten percent (10%) of the permitted or interim status storage capacity at the facility; and provided further, that during no annual period may more than ten percent (10%) of the total hazardous waste treated or disposed at the facility be from such sites;

2. mixed hazardous waste (hazardous waste that is also regulated as a radioactive material) that is received for storage and treatment (but not disposal or incineration) pursuant to an order, compliance plan or similar plan or agreement in which such receipt for storage and treatment is specifically approved by the commissioner or board; provided, that any such order, compliance plan or similar plan or agreement also requires that the ultimate land disposal of such mixed hazardous waste or waste from its treatment be at a commercial facility permitted under this part or a properly authorized facility in another jurisdiction; or

3. hazardous wastes in the same waste codes and generated from the same industrial operations that a combustion facility was permitted to receive on July 1, 2001, notwithstanding any change of ownership of such operations since such date. The volume of such waste treated annually shall not exceed ten percent (10%) of the combustion facility's July 1, 2001, permitted treatment capacity.

"Endangered or threatened species" means any species listed in 50 CFR Part 17, Rule 0400-06-02-.04, as such lists exist on the effective date of this rule.

"Land-based unit" means a unit subject to Rule 0400-12-01-.06(6) including surface impoundments, landfills, waste piles, land treatment units, and hazardous waste management units subject to Rule 0400-12-01-.06(27). Units exempt from ground water monitoring correction requirements under Rule 0400-12-01-.06(6)(a) 2 and covered indoor waste piles in compliance with Rule 0400-12-01-.06(12)(a) 3 are considered non-land-based units.

"Local community" means the county and incorporated municipality, if any, in which the facility is proposed and any incorporated municipality within one (1) mile of the proposed facility. (Note: For purposes of identifying incorporated municipalities within this one-mile limit, distances shall be measured on the straight line between the points on the facility boundary and the municipal boundary that are nearest each other. For purposes of this determination, "facility boundary" shall refer to the facility property line unless there is a security fence or other clear boundary of a smaller area within which all hazardous waste management activities (exclusive of transportation to and from such smaller area) will be conducted.) "Location" means a site-specific tract of land that is within or is part of a larger area that is characterized by a distinctive topography, specific local geologic or hydrogeologic conditions, or that has ecological benefit.

"New commercial hazardous waste management facility" or "new commercial facility" means any commercial facility which is not:

(1) an existing facility, or

(2) an already permitted facility, or

(3) a facility for which the permit application required by Rule 0400-12-01-.07 was filed with the department on or before July 1, 1989, or

(4) a planned facility which was under review by the department in anticipation of the filing of an application on or before July 1, 1989.

"Non-land-based unit" means an incinerator, tank and its associated piping and underlying containment system, or container storage area, and other units not subject to Rule 0400-12-01-.06(6). Non-land-based unit also means those hazardous waste management units regulated under Rule 0400-12-01-.06(27) that are not subject to Rule 0400-12-01-.06(6).

"Private drinking water supply system" means all water supplies that are not public water supplies which are primary drinking water sources.

"Public Water Supply System" means a system that supplies to the public piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year.

"Qualified professional" means a scientist, engineer, or professional in a technical discipline with sufficient training and experience, as demonstrated by State registration, professional certification, or completion of accredited university programs, that enables the individual to make sound professional judgments regarding location standards demonstrations.

"Scenic, cultural or recreational area" means parks, forests, recreational areas, museums, and wildlife management areas owned and/or operated by Federal, State, and/or local government (or agencies created by such government); Class I and II designated natural areas identified at T.C.A. § 11-14-108; Class I, II, and III Scenic Rivers identified at T.C.A. § 11-13-104 and Scenic River Areas designated pursuant to T.C.A. § 11-13-108; and sites included on the National Register of Historic Places established by the Department of Interior, Washington, D.C. or determined eligible for National Register listing by the National Park Service, Tennessee's State Historic Preservation Officer. This shall not include rivers and streams except where such are located within, or serve as, the boundaries of the above-described areas.

"Stream" means a watercourse which normally carries flow or supports a viable aquatic community.

"Unit" or "Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.

Authority: §§ 68-212-101 et seq.,68-212-201 et seq., and 4-5-201 et seq.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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