Tenn. Comp. R. & Regs. 0400-11-01-.10

Current through June 10, 2024

Section 0400-11-01-.10 - CONVENIENCE CENTERS / COUNTY PUBLIC COLLECTION RECEPTACLES

(1) Purpose

(a) This rule shall establish the minimum level of service which every county must provide in order to assure that all residents of a county are provided with collection and disposal service.

(b) This rule shall establish minimum standards for the design and operation of convenience centers if such service is selected by a County.

(c) This rule shall establish requirements for operation and use of county public collection receptacles for municipal solid waste.

(2) Minimum level of service -

(a) Household collection - A county shall be deemed to have met minimum level of service if at least ninety percent (90%) of all residents have access to household collection.

(b) Convenience centers - A county shall be deemed to have a minimum level of service if convenience centers are established as provided in this subparagraph. Each county must have at least one convenience center unless a higher level of service is provided.

1. Convenience centers must meet the permit by rule requirements at part (2)(b)4 of Rule 0400-11-01-.02. The operator must make attachments to the notification as follows:

(i) The operator attaches a written narrative to his notification describing the specific manner in which the facility complies with paragraph (3) of this rule.

(ii) A design plan attached indicating boundaries of the site and all appurtenances.

(iii) A site location map is submitted on a USGS Topo map.

2. Number of centers - The service area of a county is defined as follows:

(i) Service area - The service area of a county is defined as follows:

(I) County area in square miles less in square miles the following;

I. Federal lands or reservations;

II. State lands or reservations;

III. Forestry reserves as held by wood processing industry;

IV. Municipal corporations served by mandatory collection;

V. Federally managed water bodies or rivers; or;

(II) Population as certified by the most recent census as per the U.S. Bureau of Census less the population served by mandatory collection service.

(ii) The minimum number of centers shall be established as follows:

(I) The service area in square mile divided by one hundred eighty square miles (180 mi2); or

(II) The service area population divided by 12,000.

(All calculations shall be rounded to the nearest whole number).

(c) Higher Level of Service - If a county or region proposes an alternative system, said system shall be approved by the Commissioner. The proposed system must provide a higher level of service than convenience centers. The county or region must, at a minimum, provide a review as per paragraph (4) of this rule and state in detail the criteria by which the system provides a higher level of service.

(3) Design and operation standards

(a) Access - The facility shall restrict unauthorized access by means of fencing with the ability to secure access points. Operating hours shall be posted at the facility.

(b) Dust and Mud Control - In order to prevent the creation of a nuisance or safety hazard all surfaces utilized for access and general operation shall be paved (includes compacted stone).

(c) Run-on and Run-off Control

1. In order to prevent operational hazards all run-on surface water shall be diverted around the facility.

2. In order to prevent ponding of water, the surface of the facility shall be graded to assure proper runoff control. All runoff shall be diverted to an area that can be controlled with reference to release from the property. The release area shall be properly graded and stabilized to prevent erosion or other damage to adjoining properties. Release of solids in the runoff must be controlled.

(d) Fire safety - The facility must have on-site, properly maintained, fire suppression equipment. Arrangements must be made with the nearest available fire protection agency to provide additional protection.

(e) Communication - There shall be maintained during operating hours on-site equipment capable of notifying the appropriate authorities of an emergency, unless it is demonstrated to the Commissioner's satisfaction that such requirement would be an unreasonable hardship at the convenience center location.

(f) Personnel facilities

1. In order to provide shelter during inclement weather and store necessary records and supplies a suitable structure shall be provided on-site.

2. Sanitary facilities shall be provided.

(g) Water - Service water should be provided to the facility if equipment and/or the facility management requires such water for maintenance.

(h) Process water - If mechanical compaction is utilized all liquid generated by this equipment shall be collected and properly managed.

(i) Waste Handling

1. Recycled material shall be placed in separate receiving containers;

2. All waste handling (including loading and unloading) shall be conducted on paved surfaces (pavement includes compacted stone);

3. There is no storage of solid waste at the facility except in containers, bins, or on paved surface designed for such storage;

4. All litter shall be collected at the beginning and end of each working day. Incidents of illegal dumping shall be referred to local authorities and addressed in the annual revision of the solid waste plan.

(j) Facility supervision - Trained personnel must always be present during operating hours. Training will be established as per T.C.A. § 68-211-853.

(k) Siting restrictions

1. Convenience centers shall not be located within wetlands, unless the owner or operator makes the applicable demonstrations to the Commissioner as referenced at subparagraph (2)(p) of Rule 0400-11-01-.04.

2. The facility must not be located in a 100 year floodplain, unless the demonstration is made to the Commissioner as required at subparagraph (2)(n) of Rule 0400-11-01-.04.

3. The facility must not cause or contribute to the taking of any endangered or threatened species of plants, fish or wildlife; or result in the destruction or adverse modification of a critical habitat.

4. New convenience centers must not be located within fifty (50) feet of streams. In order to protect these, the area within the fifty feet must have a stable vegetative cover.

(l) The facility shall not receive special waste unless approval is received from the Department in writing. Approval will require the construction of special containment areas.

(m) The facility shall not receive medical waste.

(4) Municipal Solid Waste Collection and Plan

(a) Annually each solid waste disposal region shall revise the local plan as required by T.C.A. § 68-211-814. This annual revision shall consider:

1. Survey of roadside dumps;

2. Citizen complaints;

3. Alternative systems available;

4. Volume of waste received or collection by the existing systems.

(b) This report shall be submitted to the Department of Environment and Conservation by March 31 of each year.

(5) Requirements for Operation and Use of County Public Collection Receptacles for Municipal Solid Waste

(a) Each county which maintains and uses receptacles for the collection of municipal solid waste from the general public at sites separate from a convenience center shall develop a plan for the elimination of collection receptacles or the conversion to manned convenience centers as defined in paragraph (2) of Rule 0400-11-01-.01 by June 30, 2015. The county will include the following information as part of the municipal solid waste planning region's annual report (which is submitted to the Division) until said collection receptacles are eliminated or converted:

1. The number of receptacles in the County by location;

2. The location of all receptacles by street address and geo-code (longitude and latitude);

3. Collection times for such receptacles; and

4. Operation procedures and security measures adopted and enforced to maintain and service the receptacles and to ensure the protection of public health and safety. Such information required by this part must be in the form of a narrative manual and meet the minimum requirements in subparagraph (b) of this paragraph.

(b) Minimum operation and security requirements shall be as follows:

1. All containers must be emptied at a minimum of once every 7 days, except the commissioner may provide an extension of time for severe weather or other emergency conditions.

2. Litter and/or solid waste outside the receptacles must be controlled. Such wastes must be removed at a minimum frequency of at least once every 7 days.

3. Receptacles must be maintained and managed in a manner to minimize disease vectors.

4. Receptacles must be located on an all weather surface (such as gravel).

(c) Per T.C.A. § 68-211-851, as amended, counties which did not have receptacles in place as of January 1, 1996 or which subsequent to such date discontinues use of any receptacle authorized in this paragraph, shall be prohibited from installing or maintaining additional receptacles.

Tenn. Comp. R. & Regs. 0400-11-01-.10

Original rule filed June 19, 2012; effective September 17, 2012. Amendments filed October 10, 2012; effective January 8, 2013. Amendment 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.; 68-203-101, et seq.; 68-211-101, et seq.; 68-211-701, et seq.; and 68-211-801, et seq.