Who Needs a Landfill Permit?
Persons who wish to construct or operate a solid waste disposal facility must obtain a landfill permit from the TDEC Division of Solid Waste Management. Permits are required by the following types of disposal facilities:
- Class I disposal facility - takes non-hazardous municipal solid wastes such as household wastes, approved special wastes, and commercial wastes
- Class II disposal facility - takes non-hazardous industrial wastes, commercial wastes and fill
- Class III disposal facility - takes Class IV wastes plus landscaping, land clearing and farming wastes
- Class IV disposal facility - takes construction/demolition wastes, shredded tires and waste with similar characteristics
Facilities covered by Permit-by-Rule, junkyards and other exempted solid waste disposal facilities or practices are not required to obtain a landfill permit.
What Information Must I Provide?
The applicant must submit the following items to the Division of Solid Waste Management staff at the appropriate Environmental Field Office.
- A completed application (Form CN-1036) which includes the name, address and phone numbers of the owner(s); proposed activities to be conducted at the facility; a statement regarding whether the facility is subject to local approval (TCA § 68-211-701) and county approval if necessary
- A topographic map showing the facility, property boundaries to 1/2 mile past the boundaries, each waste processing or disposal unit, wells, springs, and other surface water bodies within 1/4 mile of the property boundaries
- A disclosure statement containing information concerning past performance in waste management fields of the applicant, officers, directors and/or partners of the applicant's business
- A hydrogeologic assessment of the potential site
- Facility design plans and operations manual
- Financial assurance demonstrating the financial responsibility for closure and post-closure care
- Other specific requirements for Class I, II, III, and IV disposal facilities
A new facility cannot begin construction without submitting Parts I and II and receiving an effective permit.
Form Description & Number
How Will My Application Be Evaluated And Processed?
Permit applications are evaluated by inspecting the facility and checking its consistency with Parts I and II to determine whether performance and design standards have been met.
After the Part I application is received and reviewed for completeness, a preliminary public notice is issued. The state archeologist reviews the site for the existence of burial grounds. The Part II items then are submitted to the Division and are reviewed by a committee. When all documents and approvals have been met, a second public notice of intent to issue a 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. The entire permit process may take from 16 to 32 months, depending on the type of facility, public interest, public hearings, revisions, appeals and site preparation.
Landfill permits are valid for the life of the facility as permitted as long as it complies with regulations and annual maintenance fees are paid.
What Fees Are Required?
Application Review Fees:
- Class I and Class II (Hydrogeologic plan) - $4,000
- Class I and Class II (Design and construction plans) - $6,000
- Class III and Class IV - $3,000
- Major Modifications - $2,000
- Solid Waste Application Filing/Processing Fee Form, CN-0934
Annual Maintenance Fees:
Department annually submits an invoice to all applicable permittees that owe an annual maintenance fee.
Class I (tons/year)
- Greater than 50,000 - $15,000
- 25,000 to 50,000 - $10,000
- Less than 25,000 - $5,000
- Zero Tons - $1,000
- Post Closure - $1,000
Class II (tons/year)
- Greater than 1,000 - $10,000
- Less than 1,000 - $4,000
Class III and IV (tons/year)
- Greater than 10,000 - $4,000
- Less than 10,000 - $3,000
What Are My Rights and Responsibilities After The Permit Is Granted?
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. Major modifications require a public notice and re-issuance of the permit.
If a permit 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 Permit Is Granted?
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