Section 0400-11-01-.08 - SOLID WASTE MANAGEMENT FUND(1) General (a) Purpose - The purpose of this rule is to establish the procedures, documentation, and other requirements which will be followed to establish and maintain the Solid Waste Management Fund (the fund).(b) The requirements of this rule shall apply as specified to owners and operators of municipal solid waste disposal facilities and incinerators.(2) Fee Collection - All owners/operators of municipal solid waste disposal facilities or incinerators shall pay the appropriate surcharge per T.C.A. 68-211-835(d) to the Department as follows: (a) Fee Schedule - All fees shall be due and payable as per the following schedule: | 1. | July 1 to September 30 | October 31 |
| 2. | October 1 to December 31 | January 31 |
| 3. | January 1 to March 31 | April 30 |
| 4. | April 1 to June 30 | July 31 |
(b) All fees shall be paid by check or other negotiable instrument.(c) Payment shall be accompanied by a monthly total of tons for the designated quarter.(3) Records - The owner/operators of all municipal solid waste disposal facilities or incinerators shall maintain written records of waste received in tons. All records for the current month shall be maintained at the facility and open for inspection by the Department during normal operating hours. All other records shall be maintained at suitable office space in order that they may be protected from damage or loss. These records shall also be open for inspection during normal working hours. The maintenance site for these records shall be designated on the date of the first payment to the Department. Any change in location shall be designated on the payment to the fund. Records shall be maintained for three years. In the event that records are damaged or destroyed, the amount of waste received for that month or quarter shall be based on the maximum day on record multiplied by the number of working days in the month or quarter. Records shall be maintained on a daily basis organized by month. Waste shall be measured at the gate on a vehicle by vehicle basis. Each facility must use a standard reporting form provided by the Department.Tenn. Comp. R. & Regs. 0400-11-01-.08
Original rule filed June 19, 2012; effective September 17, 2012.Authority: T.C.A. §§ 68-203-101 et seq., 68-211-101 et seq., 68-211-801 et seq. and 4-5-201 et seq.