Tenn. Comp. R. & Regs. 1200-01-07-.13 - REQUIREMENTS FOR LAND APPLICATION FACILITIES

(1) General

(a) Purpose - The purpose of this rule is to establish procedures, documentation, and other requirements which must be met in order for a person to design, construct and operate a land application facility in Tennessee.

(b) Scope/Applicability

1. The requirements of this rule apply to land application facilities in Tennessee. Except as specifically provided elsewhere in these rules, no person may land apply solid waste without a permit as provided in rule 1200-01-07-.02(1)(b) 1.

2. The land application of landscaping and landclearing wastes and farming wastes are exempt from the permit requirements of this rule.

3. The land application of solid wastes from food processing facilities are subject to the requirements to have a permit-by-rule.

4. Land application of all other solid wastes will be subject to rule 1200-01-07-.02(1)(b) 3(xxii).

(c) Notification Requirements - The operator must comply with the notification requirements of rule 1200-01-07-.02(1)(c) 1(vi). The operator must make attachments to the notification as follows:

1. The operator attaches a written narrative to his notification describing the specific manner in which the facility complies with rule 1200-01-07-.13 paragraph (2)(a) through 1200-01-07-.13 paragraph 2(g) - inclusive.

2. The operator attaches any sampling, monitoring, or other plans required by these rules or by the Commissioner.

3. The operator of an existing permit-by-rule land application facility must modify the notification if:

(i) Adding a waste stream from a new generator, or a waste stream from an existing generator which has not been previously approved for land application at that site; or

(ii) Adding new acreage to the land application operations.

(2) Unless specifically noted otherwise, the standards of this paragraph shall apply to all land application facilities subject to a permit-by-rule as provided at rule 1200-01-07-.13(1).

(a) Performance Standards

1. The facility must be constructed, operated, maintained, and closed in such a manner as to minimize:

(i) The propagation, harborage, or attraction of flies, rodents, or other disease vectors;

(ii) The potential for releases of solid wastes or solid waste constituents to the environment except in a manner authorized by state and local air pollution control, water pollution control and/or waste management agencies; and

(iii) The potential for harm to the public through unauthorized or uncontrolled access.

(b) Design Standards - In addition to satisfaction of the performance criteria detailed in paragraph (2)(a) of this rule, land application facilities must be designed and constructed in compliance with Tennessee rule 1200-01-07-.13.

1. The facility must designate and describe in the attachments to the permit-by-rule notification any on-site storage of solid wastes at the land application facility. Any storage must be restricted to containers, bins, lined pits or on paved surfaces, designed for such storage, or other storage provisions approved by the Commissioner. Any lagoons/surface impoundments must be of an engineered design. Such design must include a liner and groundwater monitoring system capable of detecting leakage from the storage unit. Additionally, detailed engineering drawings and a design/operational narrative must be provided to the Division as an attachment with the permit-by-rule notification for review and approval.

2. The facility must not be located in a floodplain unless it is demonstrated to the satisfaction of the Commissioner that the land application area is operated and maintained to prevent washout of any solid waste.

3. The facility shall not be located in wetlands.

4. If a facility is proposed in an area of highly developed karst terrain, the applicant must demonstrate to the satisfaction of the Commissioner that the facility will not cause any significant degradation to the local groundwater resources.

5. The facility must be located such that the waste application boundaries are greater than:

(i) 500 feet from a dwelling;

(ii) 500 feet from any domestic water supply well;

(iii) 100 feet from a stream;

(iv) 1000 feet from a public water supply well; and

(v) 20 feet from a public roadway.

6. There must be a vegetative buffer zone between the facility and any wet weather conveyance, stream, or karst feature.

7. Analytical data for each of the waste streams proposed for land application must be submitted to the Division. The analytical data must completely characterize the wastes proposed for land application.

(c) Operational Standards - In addition to satisfaction of the performance and design criteria detailed in subparagraphs (2)(a) and (2)(b) of this rule, land application facilities must be operated in compliance with Tennessee rule 1200-01-07-.13.

1. Facilities at which wastes are to be land applied for agronomic benefits, must demonstrate that the rate at which waste is to be land applied will benefit crop production without exceeding crop nutrient needs or hydraulically overloading the receiving soils.

2. For wastes which are to be land applied for soil amendment benefits, the facility must demonstrate the amendment value of land application by soil and waste analysis, and that application rates must not exceed the soil amendment needs of, or hydraulically overload the receiving soils.

3. The land application of waste must not result in an accumulation of harmful levels of waste constituents in crops or in the environment. It must be demonstrated that the rate at which waste is to be land applied will not result in an accumulation of harmful levels of waste constituents or waste degradation byproducts in the receiving soils, produced crops, or in the environment.

4. The soils analytical data, the waste constituent analytical data and waste application rate calculations must be included as an attachment to the permit-by-rule notification.

5. Land application methods must be appropriate for the waste being land applied. Wastes which have a potential for attraction of vectors or for the generation of objectionable odors must be immediately incorporated into the soil matrix, either through direct injection or tilling.

6. Except as provided at part (b)1 of this paragraph, there must be no storage of solid wastes at the facility.

7. Wind dispersal of solid wastes at or from the facility must be adequately controlled.

8. The facility must be operated in a manner such that the rate at which waste is to be land applied would be at a rate beneficial to crop production.

9. The facility must submit a sampling plan for the periodic monitoring for waste materials, waste constituents in soil, and in surface waters. In this plan, the facility must propose a sampling frequency, proposed parameters and indicate the report format in which it will be submitted.

10. Ground water monitoring may be required by the Commissioner. If groundwater monitoring is required by the Commissioner, a groundwater monitoring plan must be submitted for approval.

(d) Recordkeeping Requirements - The operator must maintain for the operational life of the facility the following records:

1. A list of all generators of solid wastes land applied by the permittee; and

2. For each solid waste stream land applied, the total quantity applied, and the number of acres to which the waste was applied.

(e) Reporting Requirements

1. Annual Reporting - On or before March 1 of each year, the operator must submit to the Division an annual report. This annual report must contain, at a minimum, the following information:

(i) The full name and permanent mailing address of the permittee;

(ii) The street address(es) for all locations at which the permittee has land applied solid wastes during the previous calendar year;

(iii) A list of all generators of solid wastes land applied by the permittee during the previous calendar year;

(iv) For each solid waste stream land applied during the preceding year, the total quantity applied, and the number of acres to which the waste was applied;

(v) Copies of any analytical data generated during the preceding year for any solid waste materials that the permittee has land applied; and

(vi) Copies of any analytical data generated during the preceding year from surface waters, groundwater monitoring or soil samples at each site where solid waste materials have been land applied.

(f) Financial Assurance - Financial assurance is intended to ensure that adequate financial resources are available to the Commissioner for the proper operation and closure of the facility. The types of financial assurance instruments that are acceptable are those specified in 1200-01-07-.03(3)(d). Such financial assurance shall meet the criteria set forth in T.C.A. § 68-211-116 and Tennessee rule 1200-01-07-.03. Financial assurance must be provided for land application facilities having a waste storage capacity in excess of 100,000 gallons for liquids and/or sludges, or 1000 cubic yards for solids. The applicant shall file with the Commissioner a performance bond or equivalent cash or securities, payable to the State of Tennessee.

(g) Duty to Comply - The permittee must comply with all relevant notification and permit-by-rule requirements, unless otherwise authorized in writing by this Department. Any permit-by-rule condition noncompliance, except as otherwise authorized by the Department, constitutes a violation of the Act and is grounds for enforcement action, or for termination of the permit-by-rule, revocation and reissuance, or modification.

Notes

Tenn. Comp. R. & Regs. 1200-01-07-.13

New rule filed November 17, 2004; effective January 31, 2005.

Authority: T.C.A. §§ 68-211-102(a), 68-211-105(b), 68-211-105(c), 68-211-106(a)(1), 68-211-107(a), and 68-211-111(d)(1).