In T. C. A. § 68-211-102(b), the general assembly has declared it to be the policy of this state (Tennessee) to ensure that hazardous waste is not disposed of in solid waste facilities. Furthermore, the general assembly calls on the Division of Solid Waste Management (DSWM) to develop inspection programs to prevent hazardous waste being disposed of in solid waste disposal facilities.
As a result, DSWM created the Special Waste Program. Special wastes are solid wastes that are either difficult or dangerous to manage and may include sludges, bulky wastes, pesticide wastes, medical wastes, industrial wastes, hazardous wastes which are not subject to regulations under Rule 0400-12-01-.03 through 0400-12-01-.07, liquid wastes, friable asbestos wastes, and combustion wastes.
Question: How do I change or add a disposal or processing facility to an existing Special Waste Approval?
Answer: The following 2 scenarios will be covered under Rule 0400-11-01.01(4)(c)6 that addresses transferring a special waste approval from one facility to another.
- Add an Additional Landfill or Processing Facility: This covers the addition of a second disposal or processing facility to an existing Special Waste Approval. Once approved, the generator can then use either facility. No contact with the Division of Solid Waste Management (DSWM) is required from the original disposal or processing facility. No new fee shall be assessed to add this second disposal or processing facility. A new approval letter will be sent to the generator. The original Special Waste Approval expiration date remains the same. A request to add a third or more disposal facility will require an entirely new application and fee(s).
- Transfer the Approval to a New Landfill or Processing Facility (and terminate the prior approved designated facility): No new fee is required to transfer special waste to a new facility. In this case, a termination letter must be sent to the facility the waste has been transferred from (old facility). A new approval letter will be sent to the transferred to facility (new facility). The original Special Waste Approval expiration date remains the same.
Both of these scenarios can be accomplished using the Special Waste Transfer form found below.
For a more detailed description of the Special Waste Application process please see below.
Special Waste Application
New applications can be submitted at any time.
Special Waste Recertification
Special waste approvals must be recertified every three (3) fiscal years.
Special Waste Transfer
Special waste transfers are used to transfer a special waste approval from one facility to another or add a second facility to an approval.
What Are My Rights And Responsibilities After The Approval?
Following the Division's approval, the applicant may dispose of the special waste or send the special waste for processing at the designated facility. Final authority to accept the special waste for disposal or processing lies with the permitted designated facility. A designated facility has the right to refuse the special waste even if approval has been granted by DSWM.
The applicant must notify DSWM in writing of any significant changes in the process that generates the waste or any significant changes in the amounts of and frequencies of the solid waste.
What Are DSWM’s Rights And Responsibilities After The Approval?
The DSWM has the responsibility to give a notice of violation if the applicant has violated the conditions of the approval or has significantly changed the characteristics, amounts or frequencies of the special waste without notifying DSWM. DSWM has the right to revise and amend the regulations pertaining to special wastes when it is deemed necessary.
It is the responsibility of DSWM to regulate the disposal of solid wastes to protect public health and the environment. DSWM will notify the applicant and the facility of a denial if DSWM determines that the facility cannot safely and effectively manage the special waste.
Whom Do I Contact For Applications, Assistance And Other Sources Of Information?
Applications and assistance can be obtained by contacting the appropriate Tennessee Department of Environment and Conservation (TDEC) Environmental Field Office. In addition, the University of Tennessee (UT) Center for Industrial Services field office is available for assistance with applications and procedures for all environmental permits.