Special Waste Approval
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 from 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, and hazardous wastes that are not subject to regulations under Rule 0400-12-01-.03 through 0400-12-01-.07, liquid wastes, friable asbestos wastes, and combustion wastes.
Clarifications
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, CN-1584 found below.
For a more detailed description of the Special Waste Application process please see below.
Who needs to submit a Special Waste Application for evaluation?
Persons who wish to send a solid waste that is difficult or dangerous to manage, or sludges, bulky wastes, pesticide wastes, medical wastes, industrial wastes, liquid wastes, friable asbestos wastes, and combustion wastes to a Tennessee permitted disposal or processing facility must submit a Special Waste Application for evaluation. The Division of Solid Waste Management (DSWM) has developed Special Waste Guidance to assist in determining when a Special Waste Application needs to be submitted to DSWM for evaluation.
- There are waste-specific, hazardous waste determination, special waste policies, and procedure documents located on the Department Policies page. Simply search BOE/DSWM to locate external and internal policies.
- Special Waste Application and Renewal Form (CN-1051)
- Note that a special waste application is required for each designated permitted disposal or processing facility.
What fees are required?
There is a Special Waste Application fee of $300. Note that an applicant can request a transfer to add one additional permitted facility to their special waste approval for no additional fee.
How will my application be evaluated and processed?
DSWM will determine if the application is complete, including if there is an adequate hazardous waste determination, and determine if the waste is a prohibited waste (Hazardous, PCB, Radioactive, etc.) based on the information/data provided. (Note: In T. C. A. § 68-211-102(b), the general assembly has declared it to be the policy of this state to ensure that hazardous waste is not disposed of in solid waste facilities.) Based on the nature of the special waste and the design and operation of the disposal or processing facility, the DSWM will also determine if the facility can safely and effectively manage the special waste. If the application is incomplete due to insufficient information/data provided in the application, the DSWM will request additional information/data in order to complete an evaluation. A decision will be made within 30 days of receipt of a completed application. Note that incomplete applications slow down the review process. Once DSWM has made a decision, the applicant will receive a Special Waste Determination Letter. The following provides summaries of the three possible outcomes from DSWM review of a complete application:
- DSWM determines based on the information/data submitted in the application and, as applicable, by inspection of the waste that the waste cannot be managed at a designated Tennessee permitted facility because it is a prohibited waste (Hazardous, PCB, Radioactive, etc.) and/or due to the danger and/or difficulty in initial management and long term impacts to the facility. The DSWM will issue a Special Waste Denial Letter stating the reason(s) for the denial.
- DSWM determines, based on the information/data submitted in the application, that a waste is not a prohibited waste (Hazardous, PCB, Radioactive, etc.) and it does not meet any of the Special Waste Characteristics found in Special Waste Guidance (see link above). The DSWM will issue a Non-Designated Special Waste, which only applies to the Tennessee permitted facility listed on the application.
- DSWM determines, based on the information/data submitted in the Special Waste Application and, as applicable, by inspection of the waste, that the waste is not a prohibited waste (Hazardous, PCB, Radioactive, etc.) but exhibits one or more of the Special Waste Characteristics and it can be safely managed at a Tennessee Solid Waste Permitted Facility. The DSWM will issue a Special Waste Approval Letter stating the conditions of the approval.
Who needs to submit a Special Waste Recertification?
Persons who have approval for a special waste to be processed or disposed of at an off-site facility and wish to continue to have approval must recertify the accuracy of the information on the Special Waste Application and Renewal form provided by the DSWM every three (3) fiscal years. This includes certifying that there has been no change in the waste stream or the process generating the waste since the original special waste approval was granted by the DSWM.
Recertification shall be submitted by July 1 of the third year from the original approval or the last recertification. Originals of such recertification forms shall be submitted to each off-site processing or disposal facility that receives the waste stream and copied to the DSWM at the address indicated on the form. A separate recertification form is necessary for each off-site processing or disposal facility that receives the waste stream. All special waste approvals will expire on July 1 of the third year from approval if not recertified as provided herein.
If a change in the waste stream or the process generating the waste has occurred since the original special waste approval was granted, the generator (applicant) shall submit a new special waste application to the DSWM. If the application is incomplete due to insufficient information/data provided in the application, the DSWM will request additional information/data in order to complete an evaluation.
Special Waste Recertification Form
- Special Waste Application and Renewal Form (CN-1051)
Note that a special waste recertification is required for each designated permitted disposal or processing facility.
What fees are required?
There is a Special Waste Recertification fee of $150 for each recertification.
Who needs to submit a Special Waste Transfer Form?
Persons with approval to have a special waste processed or disposed of at an off-site facility and wish to transfer the original approval to another processing; or disposal facility; or add another approved processing; or disposal facility need to submit a complete Special Waste Transfer Form to the DSWM. The DSWM will evaluate whether the new facility is prohibited from accepting that waste and it can safely manage the waste.
Special Waste Transfer Form
What fees are required?
A request from a special waste generator to transfer a special waste approval from one facility to another permitted facility, or to add another approved processing or disposal facility, does not require an application review fee or new analytics. However, all requests for two or more transfers necessitate a new Special Waste Application with the fee of $300.
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.
Applicants may refer to the following publications for further information:
- TDEC Rule Chapter 0400-11-01-.01(2)
- Special Waste Guidance (PN135) can be found on the TDEC Department Policies page.
| Contacts | |
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| Abigail Moseley 615-917-5879 Abigail.Moseley@tn.gov |
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This Page Last Updated: December 29, 2025 at 12:54 PM