68-211-119 - Baled waste Disposal in landfills with permits Exceptions.
68-211-119. Baled waste Disposal in landfills with permits Exceptions.
(a) Baled waste may only be disposed of in a landfill that has received a permit pursuant to § 68-212-108, unless:
(1) The waste was baled at a location subject to inspection by the commissioner in accordance with a permit issued pursuant to regulations adopted by the board, specifying terms and conditions required for the issuance of all such permits, and the operator of the baling facility certifies on a form supplied by the commissioner that:
(A) The waste was visually inspected before baling;
(B) All waste which could not visually be determined to be of a type that may lawfully be accepted at the disposal or processing facility to which the waste will be transported was either:
(i) Sampled in accordance with a plan approved by the commissioner and determined to be lawfully acceptable under the destined facility's permit, this part and rules promulgated pursuant to this part; or
(ii) Returned to the transporter as unacceptable;
(C) The baling facility, by processing such waste, did not violate the provisions of this part; and
(D) The waste was properly manifested; or
(2) Such bales are verified to contain only waste of the type that the receiving landfill is permitted to receive. If the waste is not baled in accordance with a permit issued pursuant to this part, such verification shall be made by the permittee of the receiving landfill on a form supplied by the commissioner and shall contain at least the following certifications:
(A) The department was orally notified by the permittee of the receiving landfill of the intended disposal of baled waste at least twenty-four (24) hours prior to the landfill's receipt of such waste, so that the commissioner has an opportunity to inspect or supervise inspection of the waste by the permittee so as to comply with subdivisions (a)(2)(B) and (C);
(B) Each bale was physically opened, visually inspected and rebaled;
(C) All waste which could not visually be determined to be of a type which the facility is permitted to receive was either:
(i) Sampled in accordance with a plan approved by the commissioner and determined to be acceptable under the facility's permit and rules promulgated pursuant to this part; or
(ii) Returned to the transporter as unacceptable;
(D) The landfill, by accepting such waste, did not violate the provisions of this part; and
(E) The waste was properly manifested.
(b) The certifications required by subdivision (a)(1) shall be submitted to the department within thirty (30) days after the waste is baled. The certifications required by subdivision (a)(2) shall be submitted to the department within thirty (30) days after the disposal of the baled waste.
[Acts 1991, ch. 451, § 8; T.C.A., § 68-31-119.]