Tenn. Comp. R. & Regs. 0400-11-01-.12

Current through October 22, 2024
Section 0400-11-01-.12 - REQUIREMENTS FOR CERTIFICATION OF OPERATORS, ATTENDANTS, AND RESPONSIBLE PERSONS FOR SOLID WASTE LANDFILLS
(1) General
(a) Purpose

The purpose of this rule is to establish procedures and requirements for training and certification of operators, attendants, and other responsible persons for municipal solid waste landfills. This rule will identify those persons who must receive certification and will impose fees for training and certification.

(b) Applicability

The training and certification requirements of this rule apply to operators, attendants, and responsible persons for Class I landfills. One certified operator is required to be on-site during the hours of operation. However, a certified operator is not required to be on-site during the post closure period.

(c) Training and Certification for Class I Landfill Personnel

The Department shall either conduct or approve another person to conduct training for the persons as provided in subparagraph (b) of this paragraph.

1. Training for landfill personnel shall include at least the following:
(i) Reading the Plans
(ii) Basic Design and Landfill Operation
(iii) Stormwater and Leachate Management
(iv) Landfill Gas Management
(v) QAQC for Performance Standard Requirements
(vi) Random Inspection Program
(vii) Ground Water Monitoring
2. Certification Required

Those facilities identified in subparagraph (b) of this paragraph are required to have a certified operator and one certified attendant with their certification from a training program approved by the Department.

3. Certificate of Completion

The training course must be provided or approved by the Department. Those persons required to obtain certification must attend the training course and must pass an exam. The Department will issue a "certificate of completion" to such individuals successfully completing the training course.

4. Term of Certification

A certificate of completion issued by the Department under part 3 of this subparagraph shall be valid for 3 years, unless revoked or invalidated for cause as provided by T.C.A. § 68-211-853.

All persons required to obtain certification must become recertified within 3 years by attending 24 hours of Department approved training.

5. Application

A person desiring to be certified must file an application with the Department on a form provided by the Department.

6. Examination

An applicant must pass the written examination developed, prepared, and given by the Department or developed, prepared, and given by another person who has been approved by the Department.

An applicant who fails to pass an examination may repeat the examination at the next regularly scheduled examination date. If the applicant again fails to pass, he may then re-apply for the training and certification and pay the appropriate application fees.

Examination papers will not be returned to the applicant.

An applicant who fails to pass an examination may review his examination by making an appointment to do so within 30 days following notification of the exam grade.

7. Recognition of Other Certification

Successful completion of a Department approved training course will adequately satisfy the initial certification requirements. The Department will maintain a list of approved training programs recognized by the Department.

8. Reciprocity
(i) Certification of competency may be issued, without examination, to a person who holds a current valid certificate from another state or a private company that has entered into a reciprocity agreement with the Department.
(ii) Reciprocity agreements may be established if the Department determines that the certification and training program of another state or a private company meets or exceeds that of the Department.
9. Fees

Fees are imposed for the operator and attendant training and certification. Application for landfill operator and/or attendant certification by the Department must be made on forms provided by the Department completed in full according to the instructions.

(i) Applications for initial certification must be accompanied by a $400 certification fee.
(ii) Applications for recertification must be accompanied by a $100 re-certification fee.

Tenn. Comp. R. & Regs. 0400-11-01-.12

Original rule filed June 19, 2012; effective September 17, 2012.

Authority: T.C.A. §§ 68-211-101 et seq., 68-211-801 et seq. and 4-5-201 et seq.