Tenn. Comp. R. & Regs. 0400-11-01-.04

Current through June 10, 2024

Section 0400-11-01-.04 - SPECIFIC REQUIREMENTS FOR CLASS I, II, III, AND IV DISPOSAL FACILITIES

(1) General

(a) Purpose and Scope- The purpose of this rule is to establish:

1. The standards which Class I, II, III, and IV facilities must meet in order to obtain a permit under the act for such activity; and

2. The specific information required in Part II of the permit application for such facilities in order to demonstrate compliance with the appropriate standards and to provide other necessary information.

(b) Applicability - Except as otherwise specified in subparagraphs (1)(b) and (c) of Rule 0400-11-01-.02, and unless a waiver(s) is obtained pursuant to paragraph (5) of Rule 0400-11-01-.01, the requirements of this rule apply as follows to Class I, II, III, and IV disposal facilities in Tennessee:

1. Class I facilities shall be subject to all applicable requirements;

2. Class I facilities permitted prior to March 18, 1990 shall not be subject to paragraph (3) Buffer Zone Standards;

3. Class II, III and IV facilities permitted prior to March 18, 1990 shall not be subject to the requirements of subparagraphs (n), (p), (q), (r), (u), (v), and (w) of paragraph (2) General Facility Standards, and paragraph (3) Buffer Zone Standards.

4. All facilities shall be subject to applicable requirements of paragraph (9) when applying for a permit or permit modification as specified in Rule 0400-11-01-.02.

5. No Class IV facility permits will be issued after July 1, 2008.

(c) Project Supervision - A registered engineer must plan, design, and inspect the construction of any Class I, II, III, or IV disposal facility; also, a registered engineer must assist in the start-up of and outline correct operating procedures for any new or altered facility. Any registered engineer herein required shall be governed by the terms of T.C.A. Title 62, Chapter 2.

(2) General Facility Standards - Unless specifically noted otherwise, the standards of this paragraph apply to Class I, Class II, Class III, and Class IV disposal facilities.

(a) Overall Performance Standard - The facility must be located, designed, constructed, operated, maintained, closed, and cared for after closure in such a manner as to minimize to the extent practicable:

1. The propagation, harborage, or attraction of birds and flies, rodents, or other disease vectors;

2. The potential for explosions or uncontrolled fires;

3. The potential for releases of solid wastes, solid waste constituents, or other potentially harmful materials to the environment except in a manner authorized by state and local air pollution control, water pollution control, and/or waste management control agencies; and

4. The exposure of the public to potential health and safety hazards through uncontrolled or unauthorized public access.

(b) Control of Access and Use

1. The facility must have an artificial or natural barrier which completely surrounds the active portion of the facility and must have a means to control entry, at all times, through the gate or other entrances to the active portion of the facility.

2. If open to the public, the facility must have clearly visible and legible signs at the points of public access which indicate the hours of operation, the types of waste materials that either will or will not be accepted, emergency telephone numbers, schedule of charges (if applicable), and any other necessary information.

3. If the facility is open to the public, or if it is otherwise necessary for proper operation, roads within the facility, easements, and parking areas shall be designed, constructed, and maintained so as to be accessible in all weather conditions. Traffic control signs shall be provided as necessary to promote an orderly traffic pattern to and from the solid waste discharge area to maintain efficient operating conditions.

4. The facility must have trained personnel present and on duty at all times it is in operation to assure compliance with operational requirements and to prevent entry of unauthorized wastes.

5. Class I landfill facilities shall have a certified operator or attendant on site during the hours of operation who is trained and certified as provided at Rule 0400-11-01-.12.

6. There must be no scavenging at the facility. Any salvaging or recycling operations must be conducted at safe, designated areas (not the working face) and times, and in a sanitary manner.

(c) Fire Safety

1. Except as may be specifically authorized by the Department:

(i) The operator must not permit or engage in open burning of solid wastes at the facility. Any open burning that does occur must be immediately extinguished.

(ii) The operator must not allow solid wastes which are burning or smoldering to be deposited into the active portion of the facility. Any such wastes that are received must be deposited at a location safely removed from the active portion and extinguished before being deposited into the active portion.

2. The facility must have, on-site and continuously available, properly maintained fire suppression equipment in sufficient quantities to control accidental surface fires that may occur, or arrangements must be made with the local fire protection agency to provide immediate fire fighting services when needed. Additional earth moving equipment shall be brought to the facility as necessary to help suppress an underground fire.

(d) Litter Control - A facility must be operated and maintained in a manner to minimize litter. Fencing, diking and/or other practices shall be provided as necessary to confine solid wastes subject to dispersal. All litter must be collected for disposal in a timely manner.

(e) Personnel Services - At Class I disposal facilities, and at Class II, Class III and Class IV disposal facilities as may be specified in the permits, there must be provided:

1. A building or other shelter which is accessible to facility personnel and which has adequate screening, heating facilities, and lighting;

2. Safe drinking water; and

3. Sanitary hand-washing and toilet facilities.

(f) Communications - The facility must have operating and effective communications devices (e.g., telephone, 2-way radio) capable of summoning emergency assistance on-site and available to facility personnel at all times the facility is in operation.

(g) Operating Equipment - At Class I disposal facilities, and at Class II, Class III and Class IV disposal facilities unless the Commissioner deems some other arrangement as adequate for proper facility operation, there must be maintained on-site operating equipment capable of spreading and properly compacting the volume of solid wastes received, and capable of handling the earthwork required. Back-up equipment must be available within 24 hours of primary equipment breakdown.

(h) Availability of Cover Material - Cover material sufficient to meet the initial and intermediate cover requirements of this rule must be available at the facility. If such material must be hauled in from off-site, at least a 30-day supply shall be maintained on-site at all times.

(i) Run-on, Run-off, and Erosion Control

1. The operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the facility for all flow up to and including peak discharge from a 24-hour, 25-year storm.

2. The operator must design, construct, operate, and maintain a run-off management system to collect and control at least the peak flow volume resulting from a 24-hour, 25-year storm.

3. Holding facilities (e.g., sediment basins) associated with run-on and run-off control systems must be designed to detain at least the water volume resulting from a 24 hour, 25 year storm and to divert through emergency spillways at least the peak flow resulting from a 24-hour, 100-year storm.

4. Collection and holding facilities associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

5. Run-on and run-off must be managed separately from leachate unless otherwise approved by the Commissioner.

6. The operator must take other erosion control measures (e.g., temporary mulching or seeding, silt barriers) as necessary to control erosion of the site.

(j) Dust Control - The operator must take dust control measures as necessary to prevent dust from creating a nuisance or safety hazard to adjacent landowners or to persons engaged in supervising, operating, and using the site. The use of any dust suppressants (other than water) must be approved in writing beforehand by the Department.

(k) Waste Restrictions

1. A facility may receive for disposal only those solid wastes it is allowed to manage under the terms of its permit.

2. Liquid wastes.

(i) Bulk or non-containerized liquid waste may not be placed in disposal facilities/units unless:

(I) The waste is domestic waste; or

(II) The waste is leachate or gas condensate derived from the disposal facilities/units which are designed with a liner and leachate collection system.

(ii) Containers holding liquid waste may not be placed in disposal facilities/units unless:

(I) The container is a small container similar in size to that normally found in domestic waste;

(II) The container is designed to hold liquids for use other than storage; or

(III) The waste is domestic waste.

3. Discarded Tires

(i) No landfill shall accept for disposal any whole tires. Tires received at class I, class II, class III and class IV disposal facilities shall be managed as follows:

(I) Tires may be disposed of in the same manner as other waste after they have been shredded, chipped, chopped, sliced, or have been otherwise processed and are rendered not whole to effectively prevent floating.

(II) Whole tires or shredded, chipped, chopped or circumferentially sliced tires may be stored on site provided that the tire storage areas conform with the following standards:

I. The storage area shall be surrounded by an 18 inch high earthen berm to manage run-on and run-off and be sufficient to contain water in the event of a fire, and to provide that:

A. All surface run-off is directed around the site;

B. All rain water collected within the berm must be directed to an appropriate release point; and

C. All fire control water can be contained until release is approved.

II. Tire piles shall be restricted to the following dimensions - 200 feet long, 50 feet wide, and 15 feet high. Whole tires shall be covered by a material sufficient to shield the tires from precipitation or an effective insect vector and rodent control program shall be established.

III. A buffer zone of at least 50 feet wide shall separate tire piles from each other and from active disposal areas.

IV. In order to reduce the risk of fires;

A. The storage areas and the buffer zone shall be kept free of brush and high grass;

B. No flammable liquids may be stored nor may equipment with an open flame be utilized in or within 50 feet of the storage area;

C. Communication equipment, capable of immediately notifying the responding fire department, shall be maintained; and

D. A letter assuring response from the responding fire district must be filed with the Division and the telephone number of the responding fire district must be posted at the facility. If service is not available specific fire control measures must be specified by letter to the Division.

V. The storage area may not be located:

A. On an active disposal area;

B. On a closed disposal area, unless no remaining area is available and remedial closure is specified in writing to the Division;

C. On an area to be utilized for disposal within one year;

D. In the 100 year floodplain, unless the demonstration is made to the Commissioner as required at subparagraph (n) of this paragraph; and

E. In wetlands, unless the demonstration is made to the Commissioner as required at subparagraph (p) of this paragraph.

VI. Tires or shredded tires may not be stored for more than one (1) year without the written approval of the Division. The operator shall maintain records sufficient to establish the date each tire pile within a storage area was begun.

4. Medical waste.

(i) Sharps must be securely packaged in puncture-proof containers prior to landfilling.

(ii) Cultures and stocks of infectious agents and associated biologicals must not be landfilled unless and until they have been treated (e.g., autoclaved, incinerated) to render them non-infectious.

(iii) Human blood and blood products and other body fluids may not be landfilled. This restriction applies to bulk liquids or wastes containing substantive amounts of free liquids, but does not apply to simply blood-contaminated materials such as emptied blood bags, bandages, or "dirty" linens.

(iv) Recognizable human organs and body parts may not be landfilled.

5. Dead animals may:

(i) Not be disposed of in a Class II, Class III or Class IV disposal facility except as may be specifically approved in writing by the Commissioner.

(ii) Be disposed of in Class I disposal facilities only if managed as follows:

(I) Dead animals must be covered upon receipt with a minimum of two feet of cover and placed in an area which will receive additional waste and cover within 48 hours; or covered with three feet of compacted cover soil if placed in an area which will not receive additional waste and cover within 48 hours.

(II) Dead animals must not be disposed of in an area of a landfill which will not accommodate a minimum of five feet of depth from the finished landfill surface elevation when final cover has been put in place.

(III) Dead animals must be distributed for disposal over the landfill area in such a manner as to minimize the occurrences of future sinks and depressions in the final landfill cover caused by carcass decay.

6. Ash generated from municipal solid waste combustion (MSWC), may only be disposed of in a unit meeting all applicable standards for a Class II disposal facility, including a liner system and a leachate collection system. Such a unit may be located at a Class I facility.

(l) Sealing of Bore Holes - Prior to excavation, all bore holes drilled or dug during subsurface investigation of the site, piezometers, and abandoned wells which are either in or within 100 feet of the areas to be filled must be backfilled with a bentonite slurry or other sealant approved by the Commissioner to an elevation at least ten feet greater than the elevation of the lowest point of the landfill base (including any liner), or to the ground surface if the site will be excavated less than ten feet below grade.

(m) Endangered Species - Facilities shall be located, designed, constructed, operated, maintained, closed, and cared for during the post-closure care period in a manner that does not:

1. Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or

2. Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.

(n) Location In Floodplains - Facilities must not be located in a 100-year flood-plain unless it is demonstrated to the satisfaction of the Commissioner that:

1. Location in the floodplain will not restrict the flow of the 100-year flood nor reduce the temporary water storage capacity of the floodplain.

2. The facility is designed, constructed, operated, and maintained to prevent washout of any solid waste.

(o) Permanent Benchmark - There must be installed on-site a permanent benchmark (e.g., a concrete marker) of known elevation.

(p) Wetlands - Disposal facilities shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the Commissioner:

1. Where applicable under section 404 of the Clean Water Act or Tennessee Water Pollution Control Act, the presumption that practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;

2. The construction and operation of the landfill will not:

(i) Cause or contribute to violations of any applicable State water quality standard;

(ii) Violate any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act; and

(iii) Violate subparagraph (m) of this paragraph regarding the protection of endangered species;

3. The landfill will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate the integrity of the landfill unit and its ability to protect ecological resources by addressing the following factors:

(i) Erosion, stability, and migration potential of native wetland soils, mud and deposits used to support the landfill;

(ii) Erosion, stability, and migration potential of dredged and fill materials used to support the landfill;

(iii) The volume and chemical nature of the waste managed in the landfill;

(iv) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste;

(v) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and

(vi) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected.

4. To the extent required under Section 404 of the Clean Water Act or Tennessee Water Pollution Control Act, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by part 1 of this subparagraph, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands); and

5. Sufficient information is available to make a reasonable determination with respect to these demonstrations.

(q) Karst Terrane - If a facility is proposed in an area of highly developed karst terrane (i.e., sink holes, caves, underground conduit flow drainage, and solutionally enlarged fractures) the applicant must demonstrate to the satisfaction of the Commissioner that relative to the proposed facility siting:

1. There is no significant potential for surface collapse;

2. The ground water flow system is not a conduit flow which would contribute significant potential for surface collapse or which would cause significant degradation to the ground water; and

3. Location in the karst terrane will not cause any significant degradation to the local ground water resources.

The above referenced demonstration may require the installation of piezometers, the developing of a potentiometric-surface map of ground water, conducting geophysical surveys, dye tracing or other specific requirements deemed necessary by the Commissioner to evaluate the proposed site to his satisfaction.

(r) Airport Safety - The owners or operators of class I disposal facilities located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used only by piston-type aircraft must include in the Narrative Description of the Facility and Operations Manual a demonstration that the unit does not pose a bird hazard to aircraft. The owners or operators proposing new class I disposal facility within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the appropriate Federal Aviation Administration (FAA) office.

(s) Random Inspection Program - The owner or operator of a permitted landfill must implement a program at the facility for detecting and preventing the disposal of regulated hazardous waste, unauthorized special waste, PCB's (>50 ppm), whole tires, lead-acid batteries, and liquid wastes. This program must include at a minimum:

1. Random inspection of five percent of the daily incoming loads.

2. Inspection of all suspicious loads.

3. Records of all inspections must be maintained in a bound notebook, and include the inspection date, vehicle identification, driver signature, identification of any unauthorized waste, disposition of any unauthorized waste, and facility inspector signature.

4. Training of facility personnel to recognize regulated hazardous waste.

5. Procedures for notifying the appropriate Division field office if an unauthorized waste is identified and left at the facility.

(t) Annual and Triennial Engineering Report

1. All operators of Class I disposal facilities within the state of Tennessee shall file with the Department, by May 1 of every year, an annual engineering report (AER) which shall include:

(i) A current topographic survey of the active portion of the disposal facility (same scale as approved plans) performed by a qualified land surveyor duly authorized under Tennessee law to conduct such activities. The survey must be superimposed on the approved contours;

(ii) Calculations on the current constructed capacity of the disposal facility, in cubic yards, and the total remaining volume within the currently constructed cells to be filled, in cubic yards, along with the total remaining permitted cubic yards;

(iii) The first AER submitted should include all minor permit modifications to the facility since the most recent permit issuance;

(iv) A report showing the quantity of leachate collected in gallons: for treatment, for disposal, recirculation, or other management method on a monthly basis for the reporting year. The report must name the location and method of leachate treatment and disposal. A summary of any leachate management system cleanouts performed since the last AER must also be provided.

(v) A report of amounts and types of Special Wastes disposal relative to normal solid waste disposed at the facility since the last AER, presented in the form of a ratio; and

(vi) A notarized statement that, to the best of the knowledge of the owner or operator, the information contained in the AER is true and accurate.

2. All operators of Class II facilities in the state of Tennessee shall file with the Department, beginning May 1, 2020, a triennial engineering report (TER). This report shall include:

(i) A current topographic survey of the active portion of the disposal facility (same scale as approved plans) performed by a qualified land surveyor duly authorized under Tennessee law to conduct such activities. The survey should be superimposed on the approved contours;

(ii) Calculations on the current constructed capacity of the disposal facility, in cubic yards, and the total remaining volume within the currently constructed cells to be filled in cubic yards, along with the total remaining cubic yards;

(iii) The first TER submitted should include all minor modifications to the facility since the most recent permit issuance; and

(v) A notarized statement that, to the best of the knowledge of the owner or operator, the information contained in the TER is true and accurate.

(u) Fault areas - Class I and II disposal facilities shall not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates in the Narrative Description of the Facility and Operations Manual that an alternative setback distance of less than 200 feet (60 meters) will prevent damage to the structural integrity of the SWLF unit and will be protective of human health and the environment.

(v) Seismic Impact zones - Class I and II disposal facilities shall not be located in seismic impact zones, unless the owner or operator demonstrates that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. The owner or operator must place the demonstration in the Narrative Description of the Facility and Operations Manual.

(w) Unstable areas - Owners or operators of Class I and II disposal facilities located in an unstable area must demonstrate that engineering measures have been incorporated into the SWLF units design to ensure that the integrity of the structural components of the SWLF unit will not be disrupted. The owner or operator must place the demonstration in the Narrative Description of the Facility and Operations Manual operating record. The owner or operator must consider the following factors, at a minimum, when determining whether an area is unstable:

1. On-site or local soil conditions that may result in significant differential settling;

2. On-site or local geologic or geomorphologic features; and

3. On-site or local human-made features or events (both surface and subsurface).

(x) Holding and Processing Tanks - Holding and processing tanks for any liquids brought to a landfill facility for waste processing shall not be located within the waste management boundary of the landfill.

(y) Scenic Rivers, Buffalo River

1. The facility shall not be located within two miles of the center of a Class II scenic river, nor within two miles of the center of such a river in an adjacent upstream county, notwithstanding the fact that the river is not designated as a scenic river in the upstream county, if the river is designated as a Class II scenic river in the adjacent downstream county; and provided further that the facility shall not be located within five miles of the center of the Buffalo River in Lewis County.

2. The river segments that are Class II scenic rivers are those that have been designated by the General Assembly in Tenn. Code Ann. § 11-13-104. At this time those are:

(i) Blackburn Fork -- That segment downstream from a point one and one-half (1 1/2) miles downstream from the county road at Cummings Mill to its confluence with Roaring River.

(ii) Buffalo River -- The entire river, except that portion which lies within Wayne, Perry, Humphreys and Lewis counties.

(iii) Collins River -- That segment which lies within the Savage Gulf natural-scientific area.

(iv) Duck River -- That segment of the Duck River beginning at Iron Bridge Road at river mile 136.4 extending continuously to a point upstream to the boundary of Marshall County at river mile 173.7.

(v) Harpeth River -- The entire river except that segment lying north of Highway 100 and south of Interstate 40 in Davidson County; and except those segments located in Cheatham, Dickson and Williamson counties.

(vi) Roaring River -- That segment downstream from a point two (2) miles downstream from State Route 136, to its confluence with the Cordell Hull Lake.

(vii) Spring Creek -- That segment between State Highway 136 and Waterloo Mill, and that segment downstream from the Overton-Jackson county line to its confluence with Roaring River.

(3) Buffer Zone Standards for Siting Landfills

(a) Class I Disposal Facilities must be located, designed, constructed, operated, and maintained such that the fill areas are, at a minimum:

1. 100 feet from all property lines;

2. 500 feet from all residences, unless the owner of the residential property agrees in writing to a shorter distance;

3. 500 feet from all wells determined to be downgradient and used as a source of drinking water by humans or livestock; and

4. 200 feet from the normal boundaries of springs, streams, lakes, (except that this standard shall not apply to any wet weather conveyance nor to bodies of water constructed and designed to be a part of the facility);

5. A total site buffer with no constructed appurtenances within 50 feet of the property line.

(b) Class II Disposal Facilities must meet the same buffer zone standards for siting as Class I facilities (subparagraph (a) of this paragraph).

(c) Class III and Class IV Disposal Facilities must meet the same buffer zone standards for siting as Class I facilities (subparagraph (a) of this paragraph).

(4) Leachate Migration Control Standards

(a) Class I Disposal Facilities

1. Such facilities must have a liner designed to function for the estimated life of the site and the post-closure care period. It shall be designed, constructed, and installed to ensure that the concentration values listed in Appendix III of this rule will not be exceeded in the uppermost aquifer at the relevant point of compliance. The liner must be:

(i) A composite liner consisting of two components; the upper component must consist of a minimum 30-mil flexible membrane liner (FML), and the lower component must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1.0 x 10-7 cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60-mil thick. The FML component must be installed in direct and uniform contact with the compacted soil component;

(ii) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients, physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;

(iii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift;

(iv) Installed to cover all surrounding earth likely to be in contact with the waste or leachate;

(v) Of sufficient strength and durability to function for the life of the facility plus the post-closure care period; and

(vi) Sloped such that, excluding excavation side slopes, the slope of the liner shall not exceed 25%.

2. Underlying the liners shall be a geologic buffer which shall have:

(i) A maximum hydraulic conductivity of 1.0 x 10-5 cm/s and measures at least ten (10) feet from the bottom of the liner to the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer or

(ii) Have a maximum hydraulic conductivity of 1.0 x 10-6 cm/s and measures not less than five (5) feet from the bottom of the liner to the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer or

(iii) Other equivalent or superior protection as defined in subpart (ii) of this part.

3. The compacted soil component of the composite liner shall be as follows:

(i) The compacted soil liners shall be free of sharp objects and be compatible with supporting soils and with leachate expected to be generated.

(ii) Admixtures (i.e., cement, bentonite, etc.) and special construction techniques may be used to improve the properties of the compacted soil liner provided that:

(I) In no case shall the liner thickness be less than two (2) feet; and

(II) The modified liner shall achieve equivalent or superior performance to requirements of the minimum performance standard as described in this subparagraph.

4. Alternate liner designs may be used provided that:

(i) It is demonstrated to the satisfaction of the Commissioner that the liner design provides equivalent or superior performance to the minimum performance standard for a Class I facility as described in this subparagraph, and

(ii) When approving a design the Commissioner, shall consider at least the following factors:

(I) The hydrogeologic characteristics of the facility and surrounding land;

(II) The climatic factors of the area; and

(III) The volume and physical and chemical characteristics of the leachate.

5. A leachate collection and removal system is required immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the facility. The leachate collection and removal system must be:

(i) Constructed of materials that are:

(I) Chemically resistant to the waste managed in the facility and the leachate expected to be generated; and

(II) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the facility. Other equivalent or superior protection may be substituted for this buffer as approved by the Commissioner.

(ii) Protected, by design and/or operational features, from equipment mishandling that might reasonably be expected during operation.

6. Such facilities must be designed, constructed, operated, and maintained such that the final cover includes a cap which will:

(i) Provide long-term minimization of migration of liquids through the closed facility;

(ii) Function with minimum maintenance;

(iii) Promote drainage;

(iv) Accommodate settling and subsidence so that the cap's integrity is maintained; and

(v) Meet the closure requirements of paragraph (8) of this rule.

7. The leachate collection and removal system must, at a minimum, meet the following requirements:

(i) The leachate collection and removal system must be designed, constructed, operated, and maintained such that the leachate depth over the liner does not exceed one foot as calculated referencing the infiltration volume of the 25-year 24-hour storm through the intermediate cover.

(ii) Leachate interception surfaces and associated piping must be designed, constructed, operated, and maintained to function without clogging throughout the scheduled post-closure care period;

(iii) Leachate collection reservoirs must:

(I) Be constructed (e.g., lined) such that collected leachate is contained;

(II) Have sufficient capacity to store the volume of leachate expected to be generated in 30 days, or other adequate provisions approved by the Commissioner; and

(III) Have a reliable and convenient means of detecting the level of collected leachate in the reservoir and of sampling such leachate.

8. Collected leachate:

(i) Must be managed in accordance with any other applicable state and local regulations; and

(ii) Must be sampled and analyzed, at least annually for Appendix I constituents, or for those ground water monitoring parameters listed in the permit, using sampling and analysis procedures as found in the facility permit. All leachate analysis results with all pertinent supporting data must be reported to the Commissioner with the next semi-annual ground water analysis report.

(iii) Nothing in this rule shall prohibit the recirculation of leachate through the emplaced waste provided that the requirements of this Chapter are met.

9. During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:

(i) Geomembrane liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and

(ii) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(b) Class II Disposal Facilities must be located, designed, constructed, operated, and maintained in accordance with the standards for Class I disposal facilities in subparagraph (a) of this paragraph unless a waiver from one or more of those standards is obtained as set forth in paragraph (5) of Rule 0400-11-01-.01.

(c) Class III and Class IV facilities must be located, designed, constructed, operated, and maintained such that there is immediately underlying all solid wastes a geologic buffer which shall have:

1. A maximum hydraulic conductivity of 1.0 x 10-5 cm/s and measures at least ten (10) feet from the bottom of the liner to the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer; or

2. A maximum hydraulic conductivity of 1.0 x 10-6 cm/s and measures not less than five (5) feet from the bottom of the liner to the seasonal high water table of the uppermost unconfined aquifer or top of the formation of confined aquifer; or

3. Other equivalent or superior protection as defined in part 2. of this subparagraph.

(5) Gas Migration Control Standards

(a) Class I Disposal Facilities must be designed, constructed, operated, and maintained such that any gases generated by decomposition or other reaction of solid waste are collected and vented, recovered, or otherwise managed such that:

1. There is no buildup of gas pressure under the final cover such that the functions of such cover (including any cap) are compromised;

2. The concentration of explosive gases in facility structures (excluding gas control or recovery system components) does not exceed 25 percent of the lower explosive limit for the gases;

3. The concentration of explosive gases at the property boundary does not exceed the lower explosive limit for the gases;

4. The minimum frequency of monitoring shall be quarterly and the operator shall keep records to comply with the monitoring and records requirements at part (5)(a)9. of Rule 0400-11-01-.02; and monitoring shall include at least the following locations:

(i) Underneath or in the low area of each on-site building;

(ii) At locations along the boundary as shown in the permit;

(iii) At any potential gas problem areas, as revealed by dead vegetation or other indicators; and

(iv) At any other points required by the permit.

5. Within 60 days of detection above the limits set in parts 1., 2., and 3. of this subparagraph, implement a Department approved remediation plan for the methane gas releases. Pending the remediation, the owner/operator must take all necessary steps to ensure immediate protection of human health.

(b) Class II and Class III Disposal Facilities must meet the standards for Class I disposal facilities in subparagraph (a) of this paragraph unless the operator demonstrates to the satisfaction of the Commissioner that, due to the nature of his solid wastes or operation, no significant amounts of gas will be generated within his facility.

(c) Class IV Disposal Facilities shall not be required to have gas migration control features.

(6) Waste Handling and Cover Standards

(a) Class I Disposal Facilities

1. The unloading of solid wastes at the disposal area must be confined to the smallest practicable area, and must be supervised by trained facility personnel to ensure safety and compliance with waste restriction requirements.

2. Promptly upon unloading, solid wastes (except in the case of solid waste balefills or other instances specifically approved in writing by the Commissioner) shall be spread in shallow (less than three-foot) layers and compacted with appropriate equipment to the maximum practicable density. Special wastes must be handled as specified either in the permit or in the special waste approval granted by the Commissioner.

3. The compacted solid waste must be covered at the end of each operating day with an initial cover consisting of at least a six inch layer of compacted soil or an adequate standard of other material as approved by the Commissioner.

4. Except for those completed portions to be finally closed (e.g., the final lift), all surfaces which will be left exposed for a period of over thirty days (e.g., initial and intermediate lifts) must be covered by an intermediate cover consisting of at least a one-foot layer of compacted soil or other material approved by the Commissioner.

5. All initial and intermediate cover depths must be maintained until either additional wastes are placed over the area or final cover is applied.

6. Upon achieving final grade or as otherwise required by the Commissioner, final cover shall be placed as set forth in the closure standards of paragraph (8) of this rule.

(b) Class II, Class III, and Class IV Disposal Facilities

1. Solid waste disposal activities shall be confined to the smallest practicable area. Compaction will be performed as necessary to ensure a stable fill.

2. Emplaced solid wastes shall be covered with soil or other material approved by the Commissioner of such depths and at such intervals as the Commissioner deems necessary to prevent fire hazards, promote a stable fill, minimize potential harmful releases of solid wastes or solid waste constituents, and control disease vectors.

(i) Class II disposal facilities shall have a frequency and depth of initial and intermediate cover specified in its permit conditions.

(ii) Unless otherwise specified by the Commissioner, Class III disposal facilities must be covered at least once every 14 days with at least a six inch layer of compacted soil or an adequate standard of other material as approved by the Commissioner.

(iii) Unless otherwise specified by the Commissioner, Class IV disposal facilities must be covered at least once every 30 days with at least a six inch layer of compacted soil or an adequate standard of other material as approved by the Commissioner.

3. Upon achieving final grade or as otherwise required, final cover shall be placed as set forth in the closure standards of paragraph (8) of this rule.

(7) Ground Water Protection/Monitoring Standards

(a) Class I Disposal Facilities must be designed, constructed, operated, maintained, closed, and cared for after closure such that the following standards are met:

1. General Ground Water Protection Standard for solid waste facilities

(i) This subpart will establish a ground water protection standard for parameters in the facilities' permits, in Appendix I, and in Appendix II. The ground water protection standard shall be:

(I) For constituents for which a maximum contaminant level (MCL) is listed in Appendix III of this rule, the MCL for that constituent; or

(II) For constituents for which MCLs have not been promulgated, the background concentration for the constituent established from wells installed in accordance with part 3 of this subparagraph; or

(III) For constituents for which the background level is higher than the MCL identified under item (I) of this subpart or health based levels identified under subpart (ii) of this part, the background concentration.

(ii) The Commissioner may establish an alternative ground water protection standard for constituents for which MCLs have not been established. These ground water protection standards shall be appropriate health based levels that satisfy the following criteria;

(I) The level is derived in a manner consistent with Environmental Protection Agency guidelines for assessing the health risks of environmental pollutants ( 51 CFR 33992, 34006, 34014, 34028, Sept. 24, 1986);

(II) The level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards (40 CFR part 792, August 17, 1989) or equivalent;

(III) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level (due to continuous lifetime exposure) within the 1.0 x 10-4 to 1.0 x 10-6 range; and

(IV) For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed to on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this subpart, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.

(iii) In establishing ground water protection standards under subpart (ii) of this part, the Commissioner may consider the following:

(I) Multiple contaminants in the ground water;

(II) Exposure threats to sensitive environmental receptors; and

(III) Other site-specific exposure or potential exposure to ground water.

2. Compliance Monitoring Boundary - The compliance monitoring boundary shall be:

(i) The waste management boundary of the facility; or

(ii) If the facility contains more than one solid waste landfill unit, the imaginary boundary circumscribing the waste management boundaries of the solid waste landfill units; or

(iii) An alternative boundary as may be established by the Commissioner in the permit. An alternative compliance boundary shall not exceed 150 meters from the waste management unit boundary and shall be located on land owned by the owner of the SWLF unit. The Commissioner may establish an alternative boundary only if he finds that the change to such a boundary would not result in contamination of ground water, which such selection may be in consideration of all of the following factors that are relevant:

(I) The hydrogeological characteristics of the facility and surrounding land, including any natural attenuation and dilution characteristics of the aquifer;

(II) The volume and physical and chemical characteristics of the leachate;

(III) The quantity, quality, and direction of flow of ground water underlying the facility;

(IV) The proximity and withdrawal rates of ground water users;

(V) The availability of alternative drinking water supplies;

(VI) The existing quality of the ground water, including other sources of contamination and their cumulative impacts on the ground water; and whether the ground water is currently used or reasonably expected to be used for drinking water; and

(VII) Public health, safety, and welfare effects.

3. Monitoring System for New and Existing Facilities

(i) The facility must have a ground water monitoring system consisting of a sufficient number of wells and/or springs, with not less than 1 upgradient and 2 downgradient monitoring points, unless other monitoring points and locations are otherwise approved by the Commissioner, with installations at appropriate locations and depths, to yield ground water samples from the uppermost aquifer that:

(I) Represent the quality of background ground water that has not been affected by leakage from the facility; and

(II) Represent the quality of ground water passing the compliance boundary hydraulically downgradient (i.e., static head) from the waste disposal area.

(ii) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing must be fitted with a screened interval, with inert gravel or sand and packed around the screen as necessary, to enable collection of ground water samples at depths where appropriate flow zones exist. The annular space (i.e., the space between the bore hole and the well casing) above the sampling depth must be sealed with a suitable material (e.g., cement grout or bentonite slurry) to prevent contamination of samples and the ground water and to prevent the loss of the volatile gases.

(iii) The Commissioner may allow the use of monitoring points or devices other than wells if he determines that such will reliably yield samples that are representative of the entire flow zone depth to be evaluated.

(iv) The Commissioner may require site specific investigation measures if he determines such is necessary to adequately evaluate proposed monitoring well locations.

4. Sampling, Analysis, and Recordkeeping Requirements

(i) The ground water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of ground water quality at the upgradient and downgradient wells installed pursuant to part 3 of this subparagraph.

(I) At a minimum, the program must include procedures and techniques for:

I. Sample collection;

II. Sample preservation and shipment;

III. Analytical procedures;

IV. Chain of custody control; and

V. Quality assurance and quality control.

(II) The ground water monitoring program must include sampling and analytical methods that are appropriate for ground water sampling and that accurately measure hazardous constituents and other monitoring parameters in ground water samples.

(ii) Ground water elevations must be measured in each well prior to purging each time ground water is sampled. The owner or operator must determine the rate and direction of ground water flow each time ground water is sampled. Ground water elevations in wells which monitor the same waste management area must be measured in a period of time short enough to avoid temporal variations in ground water flow which could preclude accurate determination of ground water flow rate and direction.

(iii) The owner or operator must establish background ground water quality in a hydraulically upgradient or background well(s) for each of the monitoring parameters or constituents of the particular ground water program that applies to the SWLF unit, as determined in parts 5. or 6. of this subparagraph.

(iv) The number of samples collected to establish ground water quality data must be consistent with the appropriate statistical procedures determined pursuant to subpart (v) of this part.

(v) The owner or operator must select and report to the Commissioner a statistical method to be used in evaluating ground water monitoring data. The statistical test chosen shall be conducted separately for each hazardous constituent in each well and shall be one of the following statistical methods:

(I) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance monitoring well's mean and the background mean levels for each constituent.

(II) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance monitoring well's median and the background median levels for each constituent.

(III) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance monitoring well is compared to the upper tolerance or prediction limit.

(IV) A control chart approach that gives control limits for each constituent.

(V) Another statistical test method that meets the performance standards of subpart (vi) of this part.

(vi) The owner or operator must obtain a variance as provided at paragraph (5) of Rule 0400-11-01-.01 in order to use an alternative statistical method.

Any statistical method chosen under subpart (v) of this part shall comply with the following performance standards if appropriate:

(I) The statistical method used to evaluate ground water monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for normal theory test, then the data should be transformed or a distribution - free theory test should be used. If the distributions of the constituents differ, more than one statistical method may be needed.

(II) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background concentrations or a ground water protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment wise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.

(III) If a control chart approach is used to evaluate ground water monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and the environment. The parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

(IV) If a tolerance interval or a predictional interval is used to evaluate ground water monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be protective of human health and the environment. These parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

(V) The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit (PQL) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.

(VI) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(vii) The operator must keep records of all ground water sampling activities conducted, the sample analysis results, and the associated ground water surface elevation throughout the active life of the facility and throughout the post-closure care period as well. Such records must be kept at the facility or at some other location within Tennessee as specified in the permit.

(viii) All ground water sample analysis results with any statistical determinations and the associated recording of ground water surface elevations must be submitted to the Commissioner within sixty days of the sampling event. To facilitate handling and evaluation of this data, the Commissioner may specify the manner and form in which the data must be reported.

(ix) The owner or operator must determine whether or not there has been a statistically significant increase over background values for each parameter or constituent required in the required monitoring program in part 5 of this subparagraph. Comparison must be made of subsequent sample analysis results to background concentrations or values established using a statistical procedure selected which will at least meet the general performance standard of assuring with a reasonable degree of confidence that the migration of waste constituents from the facility into or through the uppermost aquifer at the compliance monitoring boundary will be detected.

5. Detection Monitoring Program

(i) The operator must obtain and analyze samples from the installed ground water monitoring system in accordance with the ground water monitoring program established in the permit or as otherwise required by the Commissioner. Detection monitoring is required at solid waste landfill units, and at a minimum, this type of monitoring must include analysis of samples for the constituents listed in Appendix I to this rule provided that:

(I) The Commissioner may delete any of the Appendix I monitoring parameters for a SWLF unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit; and

(II) The Commissioner may establish an alternative list of inorganic indicator parameters for a SWLF unit, in lieu of some or all of the heavy metals (constituents 1-17 in Appendix I to this rule), if the alternative parameters provide a reliable indication of inorganic releases from the SWLF unit to the ground water. In determining alternative parameters, the Commissioner shall consider the following factors:

I. The types, quantities, and concentrations of constituents in wastes managed at the SWLF unit;

II. The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the SWLF unit;

III. The detectability of indicator parameters, waste constituents, and reaction products in the ground water; and

IV. The concentration or values and coefficients of variation of monitoring parameters or constituents in the ground water background.

(ii) The monitoring frequency for all constituents listed in Appendix I to this rule, or in the alternative list approved in accordance with item (i)(I) or (II) of this part, shall be at least semi-annual during active life of the solid waste disposal facility (including closure) and the post-closure period.

(I) The number of samples collected to establish ground water quality data must be consistent with an appropriate statistical procedure to be selected by the operator which will provide with reasonable confidence that the migration of waste constituents from the facility into and through the uppermost aquifer at the compliance monitoring boundary will be indicated.

(II) A minimum of four independent samples from each monitoring well (upgradient and down gradient) must be collected and analyzed for the constituents contained in Appendix I of this Rule, or those in the alternative list approved under item (i)(I) or (II) of this part, during the first semi-annual sampling event period. Each of the four independent samples (of each monitoring well) are to be collected and analyzed at approximately equally dispersed intervals throughout the six month long semi-annual sampling event. At least one sample from each well must be collected and analyzed during subsequent semi-annual sampling events.

(III) The elevation of the ground water surface must be determined and recorded at each monitoring well each time a sample is obtained, but prior to pumping or bailing any wells.

(iii) If the owner or operator determines that there is a statistically significant increase [reference subpart (7)(a)4.(v) of this rule] over background for one or more of the constituents listed in Appendix I to this rule or in the alternative list approved in accordance with item (i)(II) of this part, at any monitoring well at the compliance monitoring boundary, the owner or operator:

(I) Must, within 14 days of this finding, send a notice to the Commissioner indicating which constituents have shown statistically significant changes from background levels, and

(II) Must establish an assessment monitoring program meeting the requirements of part 6 of this paragraph within 90 days except as provided for in item (III) of this subpart.

(III) The owner/operator may demonstrate that a source other than a SWLF unit caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified ground water scientist and approved by the Commissioner.

If a successful demonstration is made, documented and approved, the owner or operator may continue detection monitoring as specified in subpart (ii) of this part. If, however, a demonstration is not made and approved within 90 days from sampling analysis showing a statistically significant increase over background in one or more constituents, then the owner or operator must initiate an assessment monitoring program as required in part 6 of this subparagraph.

6. Assessment Monitoring Program

(i) Assessment monitoring is required whenever a statistically significant increase over background has been detected for one or more of the constituents listed in the Appendix I to this rule or in the alternative list approved in accordance with item 5.(i)(I) or (II) of this subparagraph.

(ii) Within 90 days of triggering an assessment monitoring program, the owner or operator must sample and analyze the ground water for all constituents identified in Appendix II to this rule and annually thereafter. A minimum of one sample from each downgradient well must be collected and analyzed during each sampling event. For any constituent detected in the downgradient wells as a result of the complete Appendix II analysis, a minimum of four independent samples from each well (upgradient and downgradient) must be collected and analyzed to establish background for the constituents. The Commissioner may specify an appropriate subset of wells to be sampled and analyzed for Appendix II constituents during assessment monitoring. The Commissioner may delete any of the Appendix II monitoring parameters for a SWLF unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit.

(iii) After obtaining the results from the initial or subsequent sampling events required by subpart (ii) of this part, the owner or operator must:

(I) Within 14 days, give a notice to the Commissioner identifying the constituents listed in Appendix II of this rule that have been detected.

(II) Within 90 days and at least on a semiannual basis thereafter, re-sample all wells, conduct analyses for all constituents in Appendix I to this rule or in the alternative list approved in accordance with subpart 5.(i) of this subparagraph; and for those constituents in Appendix II to this rule that are detected in response to subpart (ii) of this part, and report their concentrations to the Commissioner. At least one sample from each well (upgradient and downgradient) must be collected and analyzed during these sampling events.

(III) If the concentrations of all constituents listed in Appendix II of this rule are shown to be at or below background values, using the statistical procedures approved by the Commissioner for two consecutive sampling events, the owner or operator must notify the Commissioner and may return to detection monitoring upon approval by the Commissioner.

(IV) If the concentrations of any constituents listed in Appendix II of this rule are above background values, but all concentrations are below the ground water protection standard, the owner or operator must continue assessment monitoring in accordance with this subpart.

(iv) If one or more constituents listed in Appendix II of this rule are detected at levels above the ground water protection standard, or statistically significant levels if the standard is based on background concentrations, the owner or operator must within 14 days of this finding give notice to the Commissioner of the finding and identify the constituents listed in Appendix II of this rule which have exceeded the general ground water protection standard. The owner or operator also:

(I) Must, after giving the notice required by this subpart identifying constituents listed in Appendix II of this rule which have exceeded the general ground water protection standard, develop and submit to the Commissioner in a timely manner for his approval a specific ground water quality assessment plan for the facility. To the satisfaction of the Commissioner, the ground water quality assessment plan must:

I. Be capable of determining whether solid waste or solid waste constituents from the facility have entered the ground water, the rate and extent of migration of waste or waste constituents in the ground water, and the concentration in the ground water of such wastes or waste constituent(s);

II. Specify the number, location, and depth of wells; the sampling and analytical methods to be used for detecting the solid wastes and solid waste constituents in the ground water; the evaluative procedures, including any use of previously gathered ground water quality information; and a schedule of implementation and reporting to the Commissioner;

III. Be certified by a qualified ground water scientist; and

IV. Include provisions for identifying all domestic and commercial water use within an area determined by the Commissioner.

(II) During such time the assessment plan is being developed during implementation of corrective action, and until the successful completion of corrective action, or until the Commissioner gives notice to cease, the owner or operator must conduct quarterly sampling and analysis for those parameters with a statistically significant increase.

(III) Must characterize the nature and vertical and horizontal extent of the release by installing additional monitoring wells as necessary.

(IV) Must install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with item (iii)(II) of this part.

(V) Must notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site as indicated by sampling of wells in accordance with item (iii)(IV) of this part.

(VI) May demonstrate that a source other than a SWLF unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality. A report documenting this demonstration must be certified by a qualified ground water scientist. If a successful demonstration is made, the owner or operator must continue monitoring in accordance with the assessment monitoring program pursuant to this part, and may return to detection monitoring if the constituents listed in Appendix II of this rule are at or below background as specified in item (iii)(III) of this part. Until a successful demonstration is made, the owner or operator must comply with this subpart including initiating an assessment of corrective measures as provided at part 7 of this subparagraph.

(VII) If the Commissioner determines, based on the results of the ground water quality assessment program, that no solid wastes or solid waste constituent from the facility have entered the ground water, then the owner or operator may, upon being so notified, reinstate the detection monitoring program described in part 5. of this subparagraph.

(VIII) Any time during investigation, during assessment, or any time deemed necessary by the Commissioner, the owner or operator may be required to develop a corrective action plan or may be required to take specific actions for assessment or specific corrective actions the Commissioner deems necessary and appropriate.

7. Assessment of Corrective Measures

(i) Within 90 days of finding that any of the constituents listed in Appendix II to this rule have been detected at a statistically significant level exceeding the ground water protection standards defined under part 1. of this subparagraph, the owner or operator must initiate an assessment of corrective measures. Such an assessment must be completed within a reasonable period of time.

(ii) The owner or operator must continue to monitor in accordance with the assessment monitoring program as specified in part 6 of this subparagraph.

(iii) The assessment shall include an analysis of the effectiveness of potential corrective measures to meet the requirements and objectives of a remedy as described in part 8. of this subparagraph. Analyses to assess and evaluate potential remedies shall address at least the following:

(I) The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

(II) The time required to begin and complete the remedy;

(III) The cost of remedy implementation; and

(IV) The institutional requirements such as State or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(s).

(iv) The owner or operator must discuss the results of the corrective measures assessment, prior to the selection of remedy, in a public meeting with interested and affected parties.

8. Selection of Remedy

(i) Based on the results of the assessment of corrective measures conducted under part 7. of this subparagraph, the owner or operator must select a remedy that, at a minimum, meets the standards listed in subpart (ii) of this part. The owner or operator must submit to the Commissioner, within 14 days of selecting a remedy, a report describing the selected remedy, and how it meets the standard in subpart (ii) of this part.

(ii) Remedies must:

(I) Be protective of human health and the environment,

(II) Attain the groundwater protection standard as specified pursuant to part 1. of this subparagraph.

(III) Control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of constituents listed in Appendix II of this rule into the environment that may pose a threat to human health or the environment; and

(IV) Comply with standards for management of wastes as specified in subpart 9.(iv) of this subparagraph.

(iii) In selecting a remedy that meets the standards of subpart (ii) of this part, the owner or operator shall consider the following evaluation factors:

(I) The long-and short-term effectiveness and protectiveness of the potential remedy(s), along with the degree of certainty that the remedy will prove successful based on consideration of the following:

I. Magnitude of reduction of existing risks;

II. Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;

III. The type and degree of long-term management required, including monitoring, operation, and maintenance;

IV. Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and re-disposal or containment;

V. Time until full protection is achieved;

VI. Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, re-disposal, or containment;

VII. Long-term reliability of the engineering and institutional controls; and

VIII. Potential need for replacement of the remedy.

(II) The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:

I. The extent to which containment practices will reduce further releases;

II. The extent to which treatment technologies may be used.

(III) The ease or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors:

I. Degree of difficulty associated with constructing the technology;

II. Expected operational reliability of the technologies;

III. Need to coordinate with and obtain necessary approvals and permits from other agencies;

IV. Availability of necessary equipment and specialists; and

V. Available capacity and location of needed treatment, storage, and disposal services.

(IV) The degree to which community concerns are addressed by a potential remedy(s).

(iv) The owner or operator shall specify as part of the selected remedy a schedule(s) for initiating and completing remedial activities. Such a schedule must require the initiation of remedial activities within a reasonable period of time taking into consideration the factors set forth in items (I) through (VI) of this subpart. The owner or operator must consider the following factors in determining the schedule of remedial activities:

(I) Extent and nature of contamination;

(II) Practical capabilities of remedial technologies in achieving compliance with ground water protection standards established under part 1. of this subparagraph and other objectives of the remedy;

(III) Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;

(IV) Desirability of utilizing technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;

(V) Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy; and

(VI) Resource value of the aquifer including:

I. Current and future uses;

II. Proximity and withdrawal rate of users;

III. Ground water quantity and quality;

IV. The potential damage to wildlife, crops vegetation, and physical structures caused by exposure to waste constituent;

V. The hydrogeologic characteristic of the facility and surrounding land;

VI. Ground water removal and treatment costs;

VII. The cost and availability of alternative water supplies; and

VIII. Other relevant factors.

(v) The Commissioner may determine that remediation of a release of an Appendix II constituent from a SWLF unit is not necessary if the owner or operator demonstrates to the satisfaction of the Commissioner that:

(I) The ground water is additionally contaminated by substances that have originated from a source other than a SWLF unit and those substances are present in concentrations such that cleanup of the release from the SWLF unit would provide no significant reduction in risk to actual or potential receptors; or

(II) The constituent(s) is present in ground water that:

I. Is not currently or reasonably expected to be a source of drinking water; and

II. Is not migrating or is not likely to migrate in a concentration(s) that would exceed the ground water protection standard to other hydraulically connected waters; or

(III) Remediation of the release(s) is technically impracticable; or

(IV) Remediation results in unacceptable cross-media impacts.

(vi) A determination by the Commissioner pursuant to subpart (v) of this part shall not affect the authority of the State to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the ground water, to prevent exposure to the ground water, or to remediate the ground water to concentrations that are technically practicable and significantly reduce threats to human health or the environment.

9. Implementation of the Corrective Action Program.

(i) Based on the schedule established under subpart 8(iv) of this subparagraph for initiation and completion of remedial activities the owner/operator must:

(I) Establish and implement a corrective action ground water monitoring program to:

I. At a minimum, meet the requirements of an assessment monitoring program under subpart 6.(iii) of this subparagraph;

II. Indicate the effectiveness of the corrective action remedy; and

III. Demonstrate compliance with the ground water protection standard pursuant to part 1. of this subparagraph.

(II) Implement the corrective action remedy selected under part 8 of this subparagraph; and

(III) Take any interim measure necessary to ensure the protection of human health and the environment. Interim measures should, to the greatest extent practicable be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to part 8. of this subparagraph. The following factors must be considered by an owner or operator in determining whether interim measures are necessary:

I. Time required to develop and implement a final remedy;

II. Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;

III. Actual or potential contamination of drinking water supplies or sensitive ecosystems;

IV. Further degradation of the ground water that may occur if remedial action is not initiated expeditiously;

V. Weather conditions that may cause hazardous constituents to migrate or be released;

VI. Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and

VII. Other situations that may pose threats to human health and the environment.

(ii) The Commissioner may determine, based on information developed after implementation of the remedy has begun or, through other information, that compliance with requirements of subpart 8.(ii) of this subparagraph is not being achieved through the remedy selected. In such cases, the owner or operator must implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under subpart (iii) of this part.

(iii) If the owner or operator determines that compliance with requirements under subpart 8.(ii) of this subparagraph cannot be practically achieved with any currently available methods, the owner or operator must:

(I) Obtain certification of a qualified ground water scientist or approval by the Commissioner that compliance with requirements under subpart 8.(ii) of this subparagraph cannot be practically achieved with any currently available methods;

(II) Implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment; and

(III) Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:

I. Technically practicable; and

II. Consistent with the overall objective of the remedy.

(IV) Submit to the Commissioner within 14 days of such determination a report justifying the alternative measures prior to implementation of the alternative measures.

(iv) All solid wastes that are managed pursuant to a remedy required under part 8 of this subparagraph, or an interim measure required under item (i)(III) of this part, shall be managed in a manner:

(I) That is protective of human health and the environment; and

(II) That complies with applicable RCRA requirements.

(v) Remedies selected pursuant to part 8. of this subparagraph shall be considered complete when:

(I) The owner or operator complies with the ground water protection standard at all points within the plume of contamination that lie beyond the ground water monitoring well system established under part 3 of this subparagraph.

(II) Compliance with the ground water protection standard has been achieved by demonstrating that concentrations of constituents listed in Appendix II of this rule have not exceeded the ground water protection standard(s) for a period of three consecutive years using approved statistical procedures and performance standards. The Commissioner may specify an alternative length of time during which the owner or operator must demonstrate that concentrations of constituents listed in Appendix II of this rule have not exceeded the ground water protection standard(s) taking into consideration:

I. Extent and concentration of the release(s);

II. Behavior characteristics of the hazardous constituents in the ground water;

III. Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variables that may affect the accuracy; and

IV. Characteristics of the ground water.

(III) All actions required to complete the remedy have been satisfied.

(vi) Upon completion of the remedy, the owner or operator must submit to the Commissioner within 14 days a certification that the remedy has been completed in compliance with the requirements of subpart (v) of this part. The certification must be signed by the owner or operator and by a qualified ground water scientist and approved by the Commissioner.

(b) Class II Disposal Facilities - Class II disposal facilities must meet the same ground water protection/monitoring standards for Class I facilities in subparagraph (a) of this paragraph except that:

1. Class II disposal facilities are not required to perform the analysis for the volatile organic compounds listed in Appendix I of this rule unless specifically required by the Commissioner.

2. Class II disposal facilities are not required to perform the analysis for the parameters listed in Appendix II of this rule unless specifically required by the Commissioner.

3. Class II disposal facilities are required every six months to conduct the sampling and perform the analysis for all or certain indicator parameters selected by the Commissioner and to annually conduct sampling and analysis for parameters specified by the Commissioner to be characteristic of the wastes to be disposed at the facility.

4. Class II facilities are required to establish reliable background concentrations of values against which future comparisons can be made. The operator must sample each well quarterly for the first year and analyze each sample for the parameters selected by the Commissioner. The Commissioner will establish background values for all the parameters required.

5. Since the operator of a Class II facility may or may not be required by the Commissioner to conduct sampling and analysis for the constituents listed in Appendix II of this rule, the operator shall develop and submit a ground water quality assessment plan as required in part (a)6. of this paragraph and shall conduct corrective action as required in part (a)8. of this paragraph based on sampling and analysis of ground water monitoring parameters specified by the Commissioner to be characteristic of the wastes and/or the constituents listed in Appendix II of this rule. The Commissioner, at his discretion based on statistical increases in sampling parameters, may expand the number of parameters that characterize the waste.

6. All ground water monitoring parameters for Class II facilities will be selected and established in the permit for new facilities, and for existing facilities, the parameters will be established in the permit modification which will be established in the new closure/post-closure care plan care as required in subpart (2)(c)2.(ii) of Rule 0400-11-01-.03.

7. Class II facilities shall meet all other requirements for the ground water protection and monitoring standards of this paragraph.

(c) Class III and Class IV Disposal Facilities - Class III and Class IV disposal facilities must meet the same ground water protection/monitoring standards for Class I facilities in subparagraph (a) of this paragraph.

(8) Closure and Post-Closure Standards - Unless specifically noted otherwise, the standards of this paragraph apply to Class I, Class II, Class III, and Class IV disposal facilities.

(a) General Performance Standard

1. The operator must close the disposal facility or disposal facility parcel in a manner that:

(i) Minimizes the need for further maintenance; and

(ii) Controls, minimizes, or eliminates, to the extent necessary to prevent threats to public health and the environment, post-closure escape of solid waste, solid waste constituents, leachate, contaminated rainfall, or waste decomposition products to the ground or surface waters or to the atmosphere.

2. The operator must care for a disposal facility or disposal facility parcel for the period of time after closure, specified in subparagraph (d) of this paragraph, in a manner that assures that the performance objectives of part 1. of this subparagraph are continuously met.

(b) Adherence to Plan - The operator must initiate and complete closure activities and conduct post-closure care activities in accordance with the approved closure/post-closure care plan, if such plan has been prepared and approved for the disposal facility or disposal facility parcel being closed.

(c) Closure Requirements - The following requirements apply to active portions of the facility:

1. The operator must notify the Division Director of his intent to close at least 60 days prior to the date he expects to begin final closure of the disposal facility or disposal facility parcel.

2. The operator must complete closure activities including grading and establishing vegetative cover in the shortest practicable time, not to exceed 180 days, after any fill areas or any portion of the fill areas have achieved final grade, unless the Commissioner allows otherwise in the permit. Permits may provide, or be modified to provide, minimum areas for closure which will be shown in closure plans. Such modifications of closure plans, for the sole purpose of identifying minimum closure areas, shall be deemed minor modifications. When these complete closure areas reach final grade, these areas shall be closed as otherwise provided in this part and within the 180 day time frame provided herein.

3. Unless otherwise noted in the permit a depth of compacted final cover material (e.g., soil) shall be placed on the disposal facility or disposal facility parcel in the shortest practicable time, not to exceed 90 days, after achieving final grade of any fill area or any portion of a fill area. At least the top twelve inches of this cover material shall be soil which will support the growth of suitable vegetation (e.g., topsoil).

(i) At Class I and Class II facilities the depth of final cover system shall be at least 36 inches of soil of which a minimum of 12 inches shall be for the support of vegetative cover.

The design of the final cover system shall be such that the infiltration volume of water will be equal to or less than the percolation volume through the bottom liner system or a design which includes a compacted soil layer of at least 24 inches which has a permeability no greater than 1 x 10-7 cm/sec, whichever is less. This design shall be supported by the use of the HELP model or other equivalent method approved by the Commissioner.

An alternate final cover system may be used provided that it is demonstrated to the satisfaction of the Commissioner that the final cover system provides equivalent or superior performance to the minimum performance standard in this subpart.

(ii) At Class III and Class IV facilities, unless the Commissioner determines that a greater depth is needed to achieve the general performance standard of subparagraph (a) of this paragraph, the depth of final cover shall be at least 30 inches of compacted soil. The final cover shall consist of an 18-inch compacted soil layer with a maximum hydraulic conductivity of 1 x 10^-5 cm/s overlain by a 12-inch protective layer.

(iii) At Class I, II, III, and IV facilities, with approval of the Commissioner any other low permeability layer construction techniques or materials may be used to provide the final cover, provided that it provides equivalent or superior performance to the requirements of this part.

4. The final surface of the disposal facility or disposal facility parcel shall be graded and/or provided with drainage facilities in a manner that:

(i) Minimizes precipitation run-on from adjacent areas onto the disposal facility or disposal facility parcel;

(ii) Minimizes erosion of cover material (e.g., no steep slopes);

(iii) Optimizes drainage of precipitation falling on the disposal facility or disposal facility parcel (e.g., prevent pooling); and

(iv) Provides a surface drainage system which is consistent with the surrounding area and in no way significantly adversely affects proper drainage from these adjacent lands.

5. In order to minimize soil erosion, as soon as practicable after final grading, the operator shall take steps as necessary to establish a protective vegetative cover of acceptable grasses over disturbed areas of the site. These steps shall include seeding, mulching, and any necessary fertilization at a minimum, and may include additional activities such as sodding of steeper slopes and drainage ways if such are necessary.

6. In addition to the drainage and grading requirements and vegetative cover requirements, the operator shall take other measures as may be necessary to minimize and control erosion and sedimentation (e.g., soil stabilization, sediment ponds) at the site.

7. As required in his permit, or as otherwise necessary to prevent threats to human health and the environment, the operator shall establish and/or complete a system for collecting, removing, and treating leachate generated by the disposal facility or disposal facility parcel.

8. As required in his permit, or as otherwise necessary to prevent threats to human health and the environment, the operator shall establish and/or complete a system for collecting and venting or otherwise controlling the vertical and horizontal escape of gases generated in the disposal facility or disposal facility parcel.

9. The operator must notify the Division Director in writing within 60 days of his completion of closure of the disposal facility or disposal facility parcel. Such notification must include a certification by the operator that the disposal facility or disposal facility parcel has been closed in accordance with the approved closure/post-closure care plan. Within 21 days of the receipt of such notice the Division Director shall inspect the facility to verify that closure has been completed and in accordance with the approved plan. Within 10 days of such verification, the Commissioner shall approve the closure in writing to the operator. Closure shall not be considered final and complete until such approval has been made.

(d) Post-Closure Care Period - For Class I and Class II disposal facilities, post-closure care must continue for 30 years after the date of final completion of closure of the disposal facility or facility parcel unless a shorter period is established in the approved closure/post-closure care plan. For Class III and IV disposal facilities, post-closure care must continue for 2 years after the date of final completion of closure of the facility or facility parcel. The post-closure care period may be reduced or extended based on cause by amendment of the approved closure/post-closure care plan as provided in subparagraph (2)(c) of Rule 0400-11-01-.03.

(e) Post-Closure Care Activities - During the post-closure care period, the operator must, at a minimum, perform the following activities on closed portions of his facility:

1. Maintain the approved final contours and drainage system of the site such that the objectives of part (c)4. of this paragraph are continuously met;

2. Ensure that a healthy vegetative cover is established and maintained over the site;

3. Maintain the drainage facilities, sediment ponds, and other erosion/sedimentation control measures (if such are present at the landfill), at least until the vegetative cover is established sufficiently enough to render such maintenance unnecessary;

4. Maintain and monitor the leachate collection, removal, and treatment system (if such is present at the facility);

5. Maintain and monitor the gas collection and control system (if such is present at the facility);

6. Maintain and monitor the ground and/or surface water monitoring system (if such is present at the facility). The monitoring system and sampling and analysis program established in the permit shall be continued during the post-closure care period, unless the permit is modified to establish a different system or program. Monitoring data must be reported in writing to the Division Director within 30 days after the completion of the analyses.

7. Following completion of the post closure care period for each SWLF unit, the owner or operator must file with the Department a certification verifying that post-closure has been completed in accordance with the post-closure plan.

(f) Notice in Deed to Property - The operator must ensure that, within 90 days of completion of final closure of the facility and prior to sale or lease of the property on which the facility is located, there is recorded, in accordance with State law, a notation on the deed of property or on some other instrument which is normally examined during a title search that will in perpetuity notify any person conducting a title search that the land has been used as a disposal facility and its use is restricted in accordance with the approved closure/post-closure plan.

(g) Open Dump or Unauthorized Dump Closing - A person discontinuing the use of an open dump or unauthorized dump, whether on his own initiative or at the direction of the Commissioner, shall take all the actions determined by the Commissioner to be necessary, including but not limited to, the following:

1. Restrict access.

2. Implement effective rodent or vector controls, including baiting for at least two weeks after closing, to prevent rodent migration to adjacent properties and spraying of containers to control mosquitoes, or other measures as determined necessary by the Commissioner.

3. Compact and cover existing solid waste. The barrier layer of the final cover for the entire area shall be two feet or more of compacted soil or as otherwise determined by the Commissioner. Soil cover shall be of a quality to be easily managed and with sufficient clay content to provide an adequate seal on the wastes.

4. The application of a one foot soil layer to support vegetative or some other appropriate cover to minimize erosion and, when applicable, maximize evapotranspiration shall be established. Within 30 days after completion of final grading, the owner or operator of the dump shall prepare the final cover for the establishment of a vegetative or alternative cover. For the establishment of a vegetative cover, such preparation shall include, but not be limited to:

(i) Placement of appropriate species of grass seed, fertilizer and mulch or other practices to effectively establish vegetative cover.

(ii) Watering and maintenance necessary such that germination and/or established growth can reasonably be anticipated.

(iii) Implement and maintain erosion control measures by grading and reestablishing vegetative cover as needed or determined necessary.

5. Post signs indicating the dump site closure.

6. The Commissioner, if deemed necessary, based on site geology, hydrology, waste types, quantities and other pertinent factors may require the solid waste to be removed from the site and placed in an approved disposal facility. The Commissioner may also require monitoring of the site for unpermitted discharges to waters of the state as may be necessary to protect public health and the environment.

7. If the dump is closed on-site, the owner/operator must ensure that, within 45 days of the dump closure and prior to sale or lease of the property on which the dump is located, there is recorded a notation on the deed to the property or on some other instrument which is normally examined during title search that will in perpetuity notify any person conducting a title search, that the land has been used as a disposal facility.

8. If the owner or operator fails to timely comply with part 7 of this subparagraph, the Commissioner may present for recording in the office of the county register an instrument that will be in the chain of title that will in perpetuity notify any person conducting a title search that the land has been used as a disposal site. Such notice may include the following:

(i) The name of the person who owns the property upon which the dump is located;

(ii) The book and page number in which the deed to such property is recorded; and

(iii) A description of the wastes believed to be disposed on such property.

(9) Contents of the Part II Permit Application - This paragraph establishes the information that must be included in the Part II permit application in order for the Commissioner to determine the facility's compliance with the standards of paragraphs (2) through (8) of this rule. The information requirements of this paragraph apply to applicants for permits for all Class I, II, and III disposal facilities unless the standard addressed by the information requirement does not apply to such facility.

(a) Hydrogeological Report - The Part II permit application must include a report assessing the hydrogeological characteristics of the site which meets the requirements of this subparagraph. This report shall be submitted prior to submission of the information required by subparagraph (b) of this paragraph.

1. The report must be prepared and certified by a qualified geologist who is registered with the State of Tennessee as required for such persons at T.C.A. § 62-36-102 or a qualified engineer who is registered with the State of Tennessee as required for such persons at T.C.A. Title 62, Chapter 2.

2. The report must be based on an analysis of existing data (e.g., well drillers' logs) and site-specific soil borings and drillers' logs or other subsurface investigations. The soil borings performed must be of such number, locations, and depths deemed by the Commissioner to be necessary to provide a complete and accurate description of relevant subsurface conditions.

3. The report must include, but not necessarily be limited to, the following information:

(i) A description of the soil sampling and analytical procedures used including, but not necessarily limited to, a characterization of the soils underlying the site providing, at a minimum:

(I) Unified soil classifications;

(II) The saturated hydraulic conductivities of undisturbed samples of soils underlying the site which are to be used in meeting soil buffer requirements;

(III) The saturated hydraulic conductivity of remolded samples of soils taken from the site which are to be used in meeting liner and cover requirements; and

(IV) A description of the soil sampling and analytical procedures used;

(ii) A tabulation of water table elevations (if encountered within the limits of drillings) measured at the time borings were performed and at least two additional measurements over a period of at least one week so as to allow water elevations to stabilize. If an estimation of the seasonal high water table cannot be made utilizing this data and other existing information, then the Commissioner may require water table elevations to be collected over a period up to one year.

(iii) A boundary plat locating soil borings with accurate horizontal and vertical controls which are tied to a permanent on-site bench-mark (reference elevation may be site specific). The plat must include the boundary of the proposed fill areas;

(iv) A potentiometric map of the uppermost aquifer (if such can be determined by information obtained within the limits of drilling) based on stabilized water elevations;

(v) A description of local ground water recharge and discharge features in the vicinity of the proposed landfill site and, if the Commissioner deems appropriate, a description of the regional ground water regime;

(vi) The locations of any springs and existing and abandoned wells within a one mile radius;

(vii) The locations of public water supply system intakes within a two mile radius; and

(viii) A narrative summary and analysis of geological and hydrological evaluations performed as they relate to the suitability of the site for a disposal facility, and addressing in particular compliance with appropriate standards of this rule.

4. Undisturbed soil samples for hydraulic conductivity shall be collected in thin walled Shelby tubes per ASTM D-1587. The hydraulic conductivity shall be determined in accordance with ASTM D-5084.

5. Remolded soil samples for hydraulic conductivity shall be re-compacted in accordance with ASTM D-698 or ASTM D-1557. The hydraulic conductivity shall be determined in accordance with ASTM D-5084.

6. The report must include:

(i) A comprehensive environmental site assessment that includes an evaluation of the quality of ground water beneath the proposed facility. At a minimum, the applicant must provide analytical information for all constituents specified in regulations adopted by the board. The requirement for a comprehensive environmental assessment shall apply only to new sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and

(ii) Proof satisfactory to the Commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes so that ground water protection standards are not exceeded.

(b) Engineering Plans - The Part II permit application must include:

1. Plans drawn at a scale of not less than one inch equals 100 feet, or one inch equals 200 feet if approved by the Commissioner, and with a contour interval not greater than five feet which clearly show:

(i) The proposed waste disposal areas;

(ii) The existing topography of the site and pertinent geological features (e.g., site drainage, streams, springs, sinks, outcrops);

(iii) The location(s) of the permanent on-site benchmark(s), with reference to Tennessee datum;

(iv) Planned ground water and surface water monitoring locations and the proposed compliance boundary;

(v) Soil boring locations;

(vi) The proposed excavated contours and the locations and elevations of dikes, berms, and/or trenches to be utilized in waste disposal operations or for prevention of flooding;

(vii) The location of on-site borrow areas and cover material storage areas;

(viii) The planned development of the site, illustrating the phases or progression of operational areas and parcels to be filled (with methods to be used);

(ix) How run-on will be diverted from, and run-off will be removed from, the work areas, illustrating the locations and slopes of ditches, dikes, etc., to be utilized for such diversion/removal and the directions of flow;

(x) The locations of planned temporary erosion control measures (e.g., temporary sediment basins, stone filters, terraces, silt fences) and permanent erosion control measures (e.g., permanent sediment basins, riprap, energy dissipaters, ditch stabilization, pipe drains);

(xi) The locations of all existing and proposed utilities, structures (including fences and gates), and roads;

(xii) The proposed final contours of the site and how run-off will be removed from, and run-on will be diverted from, the completed facility, illustrating the locations and slopes of ditches, drains, drop structures, etc., to be utilized for such removal/diversion and the directions of flow;

(xiii) The location of all 100-year floodplain boundaries on the site;

(xiv) The locations of leachate collection/treatment reservoirs and associated piping (if required); and

(xv) The locations of all gas migration control devices or structures (if required) including gas monitoring points;

2. Detailed diagrams, drawn at a suitable scale, showing:

(i) Typical sections of dikes, trenches, diversion ditches, sediment basins, energy dissipaters, and other erosion and run-on/run-off control structures;

(ii) Typical sections of leachate collection/treatment reservoirs and associated piping (if required);

(iii) Typical sections of gas migration control devices and structures (if required);

(iv) Typical ground-water monitoring well installations;

(v) Typical sections of soil buffer/liner/leachate collection systems (including collection piping);

(vi) Typical sections of final cover systems (including any required cap); and

(vii) Typical sections of access roads to and on the site.

3. Appropriate cross-sections (minimum of two per operational area), drawn at a scale of not less than one inch equals 100 feet, or may be one inch equals 200 feet if approved by the Commissioner, which clearly show:

(i) The original ground surface elevations;

(ii) The proposed excavation depths;

(iii) The proposed final elevations;

(iv) Soil borings;

(v) The configuration of the soil buffer/liner/leachate collection system, including slopes;

(vi) Typical cells and lifts and associated berms and dikes and on-site roadways;

(vii) The configuration of the final cover system (including any required cap), including slopes; and

(viii) The configurations of any gas migration control features.

(c) Narrative Description of the Facility and Operations - The Part II permit application must include, with appropriate references to the engineering plans and hydrogeological report, a narrative which clearly:

1. Identifies the name of the individual responsible for operation and maintenance of the facility;

2. Describes the location of the facility using roads and highways;

3. Describes its compliance with all applicable buffer zone standards listed in paragraph (3) of this rule. Each buffer zone standard must be specifically addressed referencing the closest property lines, residences, wells, and bodies of water as appropriate, and maps may be attached for easy descriptions and reference or otherwise demonstrate compliance.

4. Describes its compliance with applicable siting requirements for fault areas.

5. Describes its compliance with applicable siting requirements for seismic impact zones.

6. Describes its compliance with applicable siting requirements for unstable areas.

7. Describes the barriers, signs, procedures and other measures to be used to control access to and use of the facility;

8. Describes the methods and sequence of operation;

9. Describes the types and anticipated volumes of solid wastes to be disposed of and the sources which generate the waste, and for special wastes, the physical and chemical characteristics of the wastes and any special handling procedures to be utilized;

10. Identifies the number of acres to be filled and the total number of acres to be permitted, including buffer zone acreage (Note: If the site is to be developed in accordance with a phased development plan, each parcel must be separately addressed. If minimum closure areas are to be utilized such proposal must be described here and delineated in the closure plans);

11. Describes the waste handling and covering program, to include but not necessarily be limited to, descriptions of:

(i) Unloading, spreading, and compacting operations;

(ii) The frequencies and depths of initial, intermediate, and final cover; and

(iii) The cover material(s) to be utilized, including the estimated volumes to be needed (show initial, intermediate, and final earthwork calculations) and their sources and availability.

12. Describes the operating equipment to be utilized (including back-up equipment), and their source and availability;

13. Describes the structures and procedures to be used in controlling and collecting litter;

14. Describes how run-on and run-off collection and holding and erosion control facilities will be managed, including the disposition of collected waters and residues and a comparison of before and after flows in drainageways leaving the site;

15. Describes how leachate collection and holding facilities will be managed, including the disposition of collected leachate;

16. Describes the dust control measures to be taken and when they would be implemented;

17. Describes the fire safety precautions and procedures to be taken, the types and availability of on-site fire suppression equipment, and/or the arrangements made with the local fire protection agency;

18. Describes the facilities and services available to facility personnel, including shelter, drinking water, handwashing and toilet facilities, and communications equipment;

19. Describes in a construction quality assurance plan:

(i) How each new "as built" solid waste landfill unit(s) liner(s) and/or lateral expansion liner(s) and cover system(s) will be inspected and/or tested by a registered engineer as required at subparagraph (1)(c) of this rule during construction or installation for uniformity, damage, and imperfections, and

(ii) How each constructed section of the liner system or final cover system will be certified by a registered engineer.

20. Describes how the migration of explosive gases will be controlled and monitored;

21. Describes the planned ground water monitoring program, to include but not necessarily be limited to, descriptions of:

(i) The number and location of wells or other monitoring points;

(ii) Monitoring well construction;

(iii) The parameters to be monitored for and the frequency they will be checked;

(iv) Sampling and analytical procedures and methods to be used; and

(v) How the sampling and analytical results will be recorded and reported to the State.

22. Includes an engineering statement of the site flood frequency exposure and describes flood protection measures to be taken;

23. Describes the impacts the facility will have on endangered or threatened species of plants, fish, or wildlife or their habitat; and

24. Describes the random inspection program required under subparagraph (2)(s) of this rule.

(d) Closure/Post-Closure Plan - The Part II permit application must include a closure/post-closure plan as described in paragraph (2) of Rule 0400-11-01-.03.

APPENDIX I

CONSTITUENTS FOR GROUNDWATER MONITORING INORGANIC CONSTITUENTS

1. Antimony

2. Arsenic

3. Barium

4. Beryllium

5. Cadmium

6. Chromium

7. Cobalt

8. Copper

9. Fluoride

10. Lead

11. Mercury

12. Nickel

13. Selenium

14. Silver

15. Thallium

16. Vanadium

17. Zinc

ORGANIC CONSTITUENTS

18. Acetone

19. Acrylonitrile

20. Benzene

21. Bromochloromethane

22. Bromodichloromethane

23. Bromoform; Tribromomethane

24. Carbon disulfide

25. Carbon tetrachloride

26. Chlorobenzene

27. Chloroethane; Ethyl chloride

28. Chloroform; Trichloromethane

29. Dibromochloromethane; Chlorodibromomethane

30. 1,2-Dibromo-3-chloropropane; DBCP

31. 1,2-Dibromoethane; Ethylene dibromide; EDB

32. o-Dichlorobenzene; 1,2-Dichlorobenzene

33. p-Dichlorobenzene; 1,4-Dichlorobenzene

34. trans-1,4-Dichloro-2-butene

35. 1,1-Dichloroethane; Ethylidene chloride

36. 1,2-Dichloroethane; Ethylene dichloride

37. 1,1-Dichloroethylene; 1,1,-Dichloroethene; Vinylidene chloride

38. cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene

39. trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene

40. 1,2-Dichloropropane; Propylene dichloride

41. cis-1,3-Dichloropropene

42. trans-1,3-Dichloropropene

43. Ethylbenzene

44. 2-Hexanone; Methyl butyl ketone

45. Methyl bromide; Bromomethane

46. Methyl chloride; Chloromethane

47. Methylene bromide; Dibromomethane

48. Methylene chloride; Dichloromethane

49. Methyl ethyl ketone; MEK; 2-Butanone

50. Methyl iodide; Iodomethane

51. 4-Methyl-2-pentanone; Methyl isobutyl ketone

52. Styrene

53. 1,1,1,2-Tetrachloroethane

54. 1,1,2,2-Tetrachloroethane

55. Tetrachloroethylene; Tetrachloroethene; Perchloroethylene

56. Toluene

57. 1,1,1-Trichloroethane; Methylchloroform

58. 1,1,2-Trichloroethane

59. Trichloroethylene; Trichloroethene

60. Trichlorofluoromethane; CFC-11

61. 1,2,3-Trichloropropane

62. Vinyl acetate

63. Vinyl chloride

64. Xylenes

APPENDIX II

GROUND-WATER MONITORING LIST

Common Name	Chemical Abstracts Service Index Name
Acenaphthene	Acenaphthylene, 1,2-dihydro-
Acenaphthylene	Acenaphthylene
Acetone	2-Propanone
Acetonitrile; Methyl cyanide	Acetonitrile
Acetophenone	Ethanone, 1-phenyl
2-Acetylaminofluorene; 2-AAF	Acetamide, N-9H-fluoren-2-yl-
Acrolein	2-Propenal
Acrylonitrile	2-Propenenitrile
Aldrin	1,4:5,8-Dimethanonaphthalene, 1,2,3, 4,10,10-hexachloro-1,4,4a,5,8, 8a-hexahydro-(1a,4a,4aB,5a,8a,8aB)-
Allyl chloride	1-Propene, 3-chloro-
4-Aminobiphenyl	[1,1 '-Biphenyl]-4-amine
Anthracene	Anthracene
Antimony	Antimony
Arsenic	Arsenic
Barium	Barium
Benzene	Benzene
Benzo[a]anthracene; Benzantracene	Benz[a]anthracene
Benzo[b]fluoranthene	Benz[e]acephenanthrylene
Benzo[k]fluoranthene	Benzo[k]fluoranthene
Benzo[ghi]perylene	Benz[ghi]perylene
Benzo[a]pyrene	Benzo[a]pyrene
Benzyl alcohol	Benzenemethanol
Beryllium	Beryllium
alpha-BHC	Cyclohexane, 1,2,3,4,5,6-hexachloro-(1a,2a,3B,4a,5B,6B)-
beta-BHC	Cyclohexane, 1,2,3,4,5,6-hexachloro-(1a,2B,3a,4B,5a,6B)-
delta-BHC	Cyclohexane, 1,2,3,4,5,6-hexachloro-(1a,2a,3a,4B,5a,6B)-
gamma-BHC; Lindane	Cyclohexane, 1,2,3,4,5,6-hexachloro-(1a,2a,3B,4a,5a,6B)-
Bis(2-chloroethoxy)methane	Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-
Bis(2-chloroethyl)ether Dichloroethyl ether	Ethane, 1,1'-oxybis[2-chloro-
Bis(2-chloro-1methylethyl)ether;	Propane, 2,2'-oxybis[1-chloro-
2,2-Dichlorodiisopropyl ether;
Bis(2-ethylhexyl) phthalate	1,2-Bexenedicarboxylic acid, bis(2-ethyihexyl)ester
Bromochloromethane;	Methane, bromochloro-
Chlorobromomethane
Bromodichloromethane	Methane, bromodichloro-
Dibromochloromethane
Bromoform; Tribromomethane	Methane, tribromo-
4-Bromophenyl phenyl ether	Benzene, 1-bromo-4-phenoxy-
Butyl benzyl phthalate; Benzyl	1,2-Benzenedicarboxylic acid, butyl
butyl phthalate	phenylmethyl ester
Cadmium	Cadmium
Carbon disulfide	Carbon disulfide
Carbon tetrachloride	Methane, tetrachloro-
Chlordane	4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro
p-Chloroaniline	Benzenamine, 4-chloro-
Chlorobenzene	Benzene, chloro-
Chlorobenzilate	Benzeneacetic acid, 4-chloro-a-
	(4-chlorophenyl)a-hydroxy,ethyl ester
p-Chloro-m-cresol	Phenol, 4-chloro-3-methyl-
4-Chloro-3-methylphenol
Chloroethane; Ethyl chloride	Ethane, chloro-
Chloroform; Trichloromethane	Methane, trichloro-
2-Chloronaphthalene	Napthalene, 2-chloro-
2-Chlorophenol	Phenol, 2-chloro-
4-Chlorophenyl phenyl ether	Benzene, 1-chloro-4-phenoxy
Chloroprene	1,2-Butadiene, 2-chloro-
Chromium	Chromium
Chrysene	Chrysene
Cobalt	Cobalt
Copper	Copper
m-Cresol; 3-methylphenol	Phenol, 3-methyl-
o-Cresol; 2-methylphenol	Phenol, 2-methyl-
p-Cresol; 4-methylphenol	Phenol, 4-methyl-
Cyanide	Cyanide
2,4-D; 2-4-Dichlorophenoxyacetic acid	Acetic acid, (2,4-dichlorophenoxy)-
4,4'-DDD	Benzene, 1,1'-(2,2-dichloroethylidene) bis[4-chloro-
4,4'-DDE	Benzene, 1,1'-(dichloroethylidene) bis[4-chloro-
4,4'-DDT	Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-
Diallate	Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester
Dibenz[a,h]anthracene	Dibenz[a,h]anthracene
Dibenzofuran	Dibenzofuran
Dibromochloromethane; Chlorodibromomethane	Methane, dibromochloro-
1,2-Dibromo-3-chloropropane; DBCP	Propane, 1,2-dibromo-3-chloro-
1,2-Dibromoethane; Ethylene dibromide	Ethane, 1,2-dibromo-
Di-n-butyl phthalate	1,2-Benzenedicarboxylic acid, dibutyl ester
o-Dichlorobenzene 1,2-Dichlorobenzene	Benzene, 1,2-dichloro-
m-Dichlorobenzene 1,3-Dichlorobenzene	Benzene, 1,3-dichloro-
p-Dichlorobenzene 1,4-Dichlorobenzene	Benzene, 1,4-dichloro-
3,3'-Dichlorobenzidine	[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-
trans-1,4-Dichloro-2-butene	2-Butene, 1,4-dichloro-, (E)-
Dichlorodifluoromethane	Methane, dichlorodifluoro-
1,1-Dichloroethane Ethyldidene chloride	Ethane, 1,1-dichloro-
1,2-Dichloroethane; Ethylene dichloride	Ethane, 1,2-dichloro-
1,1-Dichloroethylene; Vinylidene chloride 1,1-Dichloroethene	Ethene, 1,1-dichloro-
cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene	Ethene, 1,2-dichloro-,(Z)-
trans-1,2-Dichloroethylene trans-1,2-Dichloroethene	Ethene, 1,2-dichloro-, (E)-
2,4-Dichlorophenol	Phenol, 2,4-dichloro-
2,6-Dichlorophenol	Phenol, 2,6-dichloro-
1,2-Dichloropropane Propylene dichloride	Propane, 1,2-dichloro-
1,3-Dichloropropane; Trimethylene dichloride	Propane, 1,3-dichloro-
2,2-Dichloropropane; Isoprophylidene chloride	Propane, 2,2-dichloro-
1,1-Dichloropropene	1-Propene, 1,1-dichloro-
cis-1,3-Dichloropropene	1-Propene, 1,3-dichloro-, (Z)-
trans-1,3-Dichloropropene	1-Propene, 1,3-dichloro-,(E)-
Dieldrin	2,7;3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a, 7,7a-octahydro-,(1aa,2B,2aa,3B,5B, 6aa,7B,7aa)-
Diethyl phthalate	1,2-Benzenedicarboxylic acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl phos-phorothioate; Thionazin	Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester
Dimethoate	Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester
p-(Dimethylamino)azobenzene	Benzenamine, N,N-dimethyl-4-(phenylazo)-
7,12-Dimethylbenz[a]anthracene	Benz[a]anthracene, 7,12-dimethyl-
3,3'-Dimethylbenzidine	[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-
2,4-Dimethylphenol; m-xylenol	Phenol, 2,4-dimethyl-
Dimethyl phthalate	1,2-Benzenedicarboxylic acid, dimethyl ester
m-Dinitrobenzene	Benzene, 1,3-dinitro-
4,6-Dinitro-o-cresol; 4,6-Dinitro2-methylphenol	Phenol, 2-methyl-4,6-dinitro-
2,4-Dinitrophenol	Phenol, 2,4-dinitro-
2,4-Dinitrotoluene	Benzene, 1-methyl-2,4-dinitro-
2,6-Dinitrotoluene	Benzene, 2-methyl-1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol	Phenol, 2-(1-methylpropyl)-4,6-dinitro-
Di-n-octyl phthalate	1,2-Benezenedicarboxylic acid, dioctyl ester
Diphenylamine	Benzenamine, N-phenyl-
Disulfoton	Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester
Endosulfan I	6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9, 9a-hexahydro-,3-oxide,
Endosulfan II	6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9, 9a-hexahydro-,3-oxide, (3a,5aa,6B, 9B,9aa)-
Endosulfan sulfate	6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9, 9a-hexahydro-,3,3-dioxide
Endrin	2,7;3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6, 6a,7,7a-octahydro-,(1aa,2B,2aB,3a, 6a, 6aB,7B,7aa)-
Endrin aldehyde	1,2,4-Methenocyclopental[cd]pentalene-5-carboxal-dehyde,2,2a,3,3,4,7-hexachlorodecahydro-,(1a,2B,2aB, 4B,4aB,5B,6aB,6bB,7R*)-
Ethylbenzene	Benzene, ethyl-
Ethyl methacrylate	2-Propenoic acid, 2-methyl-, ethyl ester
Ethyl methanesulfonate	Methanesulfonic acid, ethyl ester
Famphur	Phosphorothioic acid, O-[4] (dimethylamino)sulfonyl[phenyl]-O,O-dimethyl ester
Fluoranthene	Fluoranthene
Fluorene	9H-Fluorene
Heptachlor	4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-
Heptachlor epoxide	2,5-Methano-2H-indeno[1,2b]oxirene, 2,3,4,5,6,7,7-heptachloro-1a,1b, 5,5a,6,6a-hexahydro-,(1aa,1bB, 2a,5a,5aB,6B,6aa)
Hexachlorobenzene	Benzene,hexachloro-
Hexachlorobutadiene	1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
Hexachlorocyclopentadiene	1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
Hexachloroethane	Ethane, hexachloro-
Hexachloropropene	1-Propene, 1,1,2,3,3,3-hexachloro-
2-Hexanone	2-Hexanone
Methyl butyl ketone Indeno[1,2,3-cd]pyrene	Indeno[1,2,3-cd]pyrene
Isobutyl alcohol	1-Propane, 2-methyl-
Isodrin	1,4,5,8-Dimethanonaphthalene, 1,2,3, 4,10,10-hexachloro-,1,4,4a,5,8,8a-hexahydro-(1a,4a,4aB,5B,8B,8aB)-
Isophorone	2-Cyclohexen-1-one, 3,5,5-trimethyl
Isosafrole	1,3-Benzodioxole, 5-(1-propenyl)-
Kepone	1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one,1,1a,3,3a,4,5,5a,5b,6-decachlorooctahydro-
Lead	Lead
Mercury	Mercury
Methacrylonitrile	2-Propanenitrile, 2-methyl-
Methapyrilene	1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-
Methoxychlor	Benzene, 1,1'-(2,2,2 - trichloroethylidene)bis[4- methoxy-
Methyl bromide; Bromomethane	Methane, bromo-
Methyl chloride; Chloromethane	Methane, chloro-
3-Methylcholanthrene	BenzUJaceanthrylene, 1,2-dihydro-3-methyl-
Methyl ethyl ketone; MEK:	2-Butanone
2-Butanone
Methyl iodide;	Methane, iodo-
iodomethane
Methyl methacrylate	2-Propenoic acid, 2-methyl-, methyl ester
Methyl methanesulfonate	Methanesulfonicacid, methyl ester
2-Methylnaphthalene	Naphthalene, 2-methyl-
Methyl parthion; Parathion methyl	Phosophorothioic acid, 0,0-dimethyl 0-(4-nitrophenyl) ester
4-Methyl-2-pentanone; Methyl	2-Pentanon, 4-methyl-
isobutyl ketone
Methylene bromide; Dibromomethane	Methane, dibromo-
Methylene chloride;	Methane, dichloro-
Dichloromethane
Naphthalene	Naphthalene
1,4-Naphthoquinone	1,4-Naphthalenedione
1-Naphthylamine	1-Naphthalenamine
2-Naphthylamine	2-Naphthalenamine
Nickel	Nickel
o-Nitroaniline; 2-Nitroaniline	Benzenamine, 2-nitro-
m-Nitroaniline; 3-Nitroaniline	Benzanamine, 3-nitro-
p-Nitroaniline; 4-Nitroaniline	Benzenamine, 4-nitro-
Nitrobenzene	Benzene, nitro-
o-Nitrophenol; 2-Nitropherol	Phenol, 2-nitro
p-Nitrophenol; 4-Nitrophenol	Phenol, 4-nitro-
N-Nitrosodi-n-butylamine	1-Butanamine, N-butyl-N-nitroso-
N-Nitrosodiethylamine	Ethanamine, N-ethyl-N-nitroso-
N-Nitrosodimethylamine	Methamine, N-methyl-N-nitroso-
N-Nitrosodiphenylamine	Benzenamine, N-nitroso-N-phenyl-
N-Nitrosodipropylamine; Di-n-propyl-	1-Propanamine, N-nitroso-N-propyl
nitrosamine; N-Nitroso-N-
dipropylamine
N-Nitrosomethylethylamine	Ethanamine, N-methyl-N-nitroso-
N-Nitrosomorpholine	Morpholine, N-nitroso-
N-Nitrosopiperidine	Piperidine, 1-nitroso-
N-Nitrosopyrrolidine	Pyrrolidine, 1-nitroso-
5-Nitro-o-toluidine	Benzenamine, 2-methyl-5-nitro-
Parathion	Phosphorothioic acid, 0,0-diethyl-0-,(4-nitrophenyl) ester
Pentachlorobenzene	Benzene, pentachloro-
Pentachloronitrobenzene	Benzene, pentachloronitro-
Pentachlorophenol	Phenol, pentachloro-
Phenacetin	Acetamide, N-(4-ethoxyphenyl)-
Phenanthrene	Phenanthrene
Phenol	Phenol
p-Phenylenediamine	1,4-Benzenediamine
Phorate	Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester
Polychlorinated biphenyls; PCBs	1,1'-Biphenyl, chloro derivatives
Aroclors
Pronamide	Benzamide, 3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)-
Propionitole; Ethyl cyanide	Propanenitole
Pyrene	Pyrene
Safrole	1,3-Benzodioxole, 5-(2-propenyl)-
Selenium	Selenium
Silver	Silver
Silvex; 2,4,5-TP	Propanoic acid, 2-(2,4,5-trichlorophenoxy)-
Styrene	Benzene, ethenyl-
Sulfide	Sulfide
2,4,5-T; 2,4,5-Trichlorophenoxy-acetic acid	Acetic acid, (2,4,5-trichlorophenoxy)-
1,2,4,5-Tetrachlorobenzene	Benzene, 1,2,4,5-tetrachloro-
1,1,1,2-Tetrachloroethane	Ethane, 1,1,1,2-tetrachloro-
1,1,2,2-Tetrachloroethane	Ethane, 1,1,2,2-tetrachloro-
Tetrachloroethylene;	Ethene, tetrachloro-
Tetrachlorothene
Perchloroethylene;
2,3,4,6-Tetrachlorophenol	Phenol, 2,3,4,6-tetrachloro-
Thallium	Thallium
Tin	Tin
Toluene	Benzene, methyl-
o-Toluidine	Benzenamine, 2-methyl-
Toxaphene	Toxaphene
1,2,4-Trichlorobenzene	Benzene, 1,2,4-trichloro-
1,1,1-Trichloroethane;	Ethane, 1,1,1-trichloro-
Methylchloroform
1,1,2-Trichloroethane	Ethane, 1,1,2-trichloro-
Trichloroethylene;	Ethene, trichloro
Trichloroethene
Trichlorofluoromethane	Methane, trichlorofluoro-
2,4,5-Trichlorophenol	Phenol, 2,4,5-trichloro-
2,4,6-Trichlorophenol	Phenol, 2,4,6-trichloro-
1,2,3-Trichloropropane	Propane, 1,2,3-trichloro-
O,O,O-Triethyl phosphorothioate	Phosphorothioic acid, O,O,O-triethyl ester
sym-Trinitrobenzene	Benzene, 1,3,5-trinitro-
Vanadium	Vanadium
Vinyl acetate	Acetic acid, ethenyl ester
Vinyl Chloride; Chloroethene	Ethene, chloro-
Xylene (total)	Benzene, dimethyl-
Zinc	Zinc

Appendix III

Contaminant Inorganic Chemicals	Maximum Contaminant Level in Milligrams/Liter
Antimony	0.006
Arsenic	0.01
Barium	2.0
Beryllium	0.004
Cadmium	0.005
Chromium ( total)	0.1
Fluoride	4.0
Lead1	0.015
Mercury	0.002
Nickel2	0.1
Nitrate	10.0
Selenium	0.05
Silver3	0.1
Thallium	0.002
Volatile Organic Chemicals
Benzene	0.005
Carbon Tetrachloride	0.005
1,2-Dichloroethane	0.005
1,1-Dichloroethylene	0.007
cis-1,2-Dichloroethylene	0.07
trans-1,2,-Dichloroethylene	0.1
O-Dichlorobenzene	0.6
1,4-Dichlorobenzene	0.075
Dichloromethane (methylene chloride)	0.005
1,2-Dichloropropane	0.005
Ethylbenzene	0.7
Monochlorobenzene	0.1
Styrene	0.1
Tetrachlorethylene	0.005
Toluene	1.0
1,1,1-Trichloroethane	0.20
1,1,2-Trichloroethane	0.005
Trichloroethylene	0.005
Trihalomethanes (total)	0.1
Vinyl Chloride	0.002
Xylenes	10.0
Organic Chemicals
Alachlor	0.002
Aldicarb	0.003
Aldicarb sulfoxide	0.004
Aldicarb sulfone	0.002
Atrazine	0.003
Benzo(a)pyrene	0.0002
Carbofuran	0.04
Chlordane	0.002
2,4-D	0.07
Dalapon	0.2
1,2-Dibromo-3-chloropropane	0.0002
Di (ethylhexy)adipate	0.4
Di (ethylhexyl)phthalate	0.006
Dinoseb	0.007
Diquat	0.02
Endothall	0.1
Endrin	0.002
Ethylene dibromide	0.00005
Glyphosate	0.7
Heptachlor	0.0004
Heptachlor epoxide	0.0002
Hexachlorobenzene	0.001
Hexachlorocyclopentadiene (HEX)	0.05
Lindane	0.0002
Methoxychlor	0.04
Oxamyl (Vydate)	0.2
Pentachlorophenol	0.001
Picloram	0.5
Polychlorinated biphenyls (PCB)	0.0005
Simazine	0.004
Toxaphene	0.003
2,4,5 TP (Silvex)	0.05
1,2,4-Trichlorobenzene	0.07

¹ Action level concentration obtained from TN Division of Water Supply part (1)(c)1. of Rule 1200-05-01-.33.

² MCL value obtained from TN Division of Water Supply part (1)(b)11. of Rule 1200-05-01-.06.

³ MCL value obtained from TN Division of Water Supply subparagraph (1)(n) of Rule 1200-05-01-.12. (EPA Secondary Drinking Water Standard)

All other values are MCLs currently applicable under the National Primary Drinking Water Regulations.

Tenn. Comp. R. & Regs. 0400-11-01-.04

Original rule filed June 19, 2012; effective September 17, 2012. Amendments filed December 18, 2012; effective March 18, 2013. Amendments filed October 1, 2019; effective 12/30/2019.

Authority: T.C.A. §§ 4-5-201, et seq.; 11-13-111; 68-211-701, et seq.; and 68-211-801, et seq.; and Chapter 169 of the Private Acts of 1990.