Tenn. Comp. R. & Regs. 0400-12-01-.06
Current through October 22, 2024
A facility owner or operator who has fully complied with the requirements for interim status - as defined in Rule 0400-12-01-.07(3) - must comply with the regulations specified in Rule 0400-12-01-.05 in lieu of the regulations of this rule, until final administrative disposition of his permit application is made, except as provided under paragraph (22) of this rule.
Any standard in this rule may be waived by the Commissioner if the owner or operator can demonstrate to the satisfaction of the Commissioner that the standard is inapplicable, inappropriate, or unnecessary to his facility, or that it is equaled in effect by other procedures or mechanisms utilized at the facility. Any such waiver must be granted in writing.
Installation Identification Numbers will be assigned to facilities as part of the permit issued pursuant to Rule 0400-12-01-.07.
(Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of this part in no way relieves the new owner or operator of his obligation to comply with all applicable requirements.)
(Comment: For example, the facility's records of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with subpart (i) of this part. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by subpart (i) of this part, except as otherwise specified in Rule 0400-12-01-.10(1)(g) 2 and 3. If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this subparagraph.)
(Comment: See Rule 0400-12-01-.01(3)(b) for related discussion.)
(Comment: Rule 0400-12-01-.07 requires that the waste analysis plan be submitted with part B of the permit application.)
(Comment: Rule 0400-12-01-.07 requires that an owner or operator who wishes to make the demonstration referred to above must do so with part B of the permit application.)
(Comment: The requirements of this part are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of subparts (i) and (ii) of this part.)
(Comment: See part (7)(h)2 of this rule for discussion of security requirements at disposal facilities during the post-closure care period.)
The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
(Comment: Rule 0400-12-01-.07 requires that owners and operators submit with part B of the permit application, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.)
(Note: Commercial Facilities must also comply with Chapter 0400-12-02.)
(Comment: Where removal procedures are demonstrated, the location where wastes are moved must be a facility which, if in Tennessee, must have a permit or interim status under Rule 0400-12-01-.07 or, if in another state, must be authorized by that State or EPA to manage that hazardous waste.)
The owner or operator of units subject to the CQA program under part 1 of this subparagraph must develop and implement a written CQA plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:
Waste shall not be received in a unit subject to this subparagraph until the owner or operator has submitted to the Commissioner by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of parts (11)(b)3 or 4, (12)(b)3 or 4, or (14)(b)3 or 4 of this rule; and the procedure in Rule 0400-12-01-.07(8)(a) 12(ii)II has been completed. Documentation supporting the CQA officer's certification must be furnished to the Commissioner upon request.
The owner or operator may not treat, store, or dispose of other wastes or other materials along with hazardous wastes in hazardous waste management units subject to the requirements of this Rule unless:
(Comment: Rule 0400-12-01-.07 requires that an owner or operator who wishes to make the demonstration referred to above must do so with part B of the permit application.)
The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the Commissioner that aisle space is not needed for any of these purposes.
(Comment: Rule 0400-12-01-.07 requires that an owner or operator who wishes to make the demonstration referred to above must do so with part B of the permit application.)
The regulations in this paragraph apply to owners and operators of all hazardous waste facilities, except as otherwise provided in subparagraphs (1)(b) and (1)(d) of this rule.
A copy of the contingency plan and all revisions to the plan must be:
(Comment: The contingency plan must be submitted to the Commissioner with part B of the permit application under Rule 0400-12-01-.07 and, after modification or approval, will become a condition of any permit issued.)
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
(Comment: The emergency coordinator's responsibilities are more fully spelled out in subparagraph (g) of this paragraph. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste(s) handled by the facility, and type and complexity of the facility.)
(Comment: Unless the owner or operator can demonstrate, in accordance with Rule 0400-12-01-.02(1)(c) 3 or 4, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Rules 0400-12-01.03,.04 and.06.)
The regulations in this paragraph apply to owners and operators of both on-site and off-site facilities, except as subparagraph (1)(b) of this rule provide otherwise. Subparagraphs (b), (c), and (g) of this paragraph do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources, nor to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under Rule 0400-12-01-.09(13)(d) 1. Part (d)2 of this paragraph only applies to permittees who treat, store, or dispose of hazardous wastes on-site where such wastes were generated.
(Comment: The Agency does not intend that the owner or operator of a facility whose procedures under part (2)(d)3 of this rule include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Part (c)2 of this paragraph, however, requires reporting an unreconciled discrepancy discovered during later analysis.)
(Comment: Rule 0400-12-01-.03(3)(d) 3 requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).)
Electronic manifests that are obtained, completed, and transmitted in accordance with subpart (3)(a)1(iii) of Rule 0400-12-01-.03, and used in accordance with this part in lieu of the paper manifest form are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, provide, use, or retain a manifest.
If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the following procedures apply to the delivery of the hazardous waste by the final transporter:
If an owner or operator using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall also sign with an ink signature the facility's certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter. Upon executing its ink signature on this printed copy, the owner or operator shall retain this original copy among its records for at least 3 years from the date of delivery of the waste.
(Comment: See subparagraph (7)(j) of this rule for related requirements.)
The owner or operator must prepare and submit a single copy of an annual report to the Commissioner by March 1 of each year. Such reports must be submitted on forms provided by the Department and in accordance with the instructions accompanying the form. The annual report must cover facility activities during the previous calendar year and must include the following information:
In addition to submitting the annual report and unmanifested waste reports described in subparagraphs (f) and (g) of this paragraph, the owner or operator must also report to the Commissioner:
The owner or operator must comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents under subparagraph (d) of this paragraph detected in the ground water from a regulated unit do not exceed the concentration limits under subparagraph (e) of this paragraph in the uppermost aquifer underlying the waste management area beyond the point of compliance under subparagraph (f) of this paragraph during the compliance period under subparagraph (g) of this paragraph. The Commissioner will establish this ground-water protection standard in the facility permit when hazardous constituents have been detected in the ground water.
Table 1 -- Maximum Concentration of Constituents for Ground-water Protection | |
Constituent | Maximum Concentration1 |
Arsenic | 0.05 |
Barium | 1.0 |
Cadmium | 0.01 |
Chromium | 0.05 |
Lead | 0.05 |
Mercury | 0.002 |
Selenium | 0.01 |
Silver | 0.05 |
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy-1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8- dimethano naphthalene) | 0.0002 |
Lindane (1,2,3,4,5,6- hexachlorocyclohexane, gamma isomer) | 0.004 |
Methoxychlor (1,1,1-Trichloro-2,2-bis (p-methoxyphenylethane) | 0.1 |
Toxaphene (C10H10Cl6, Technical chlorinated camphene, 67-69 percent chlorine) | 0.005 |
2,4-D (2,4-Dichlorophenoxyacetic acid) | 0.1 |
2,4,5-TP Silvex (2,4,5- Trichlorophenoxypropionic acid) | 0.01 |
FOOTNOTE: 1Milligrams per liter.
The owner or operator must comply with the following requirements for any groundwater monitoring program developed to satisfy subparagraph (i),(j), or (k) of this paragraph:
An owner or operator required to establish a detection monitoring program under this subpart must, at a minimum, discharge the following responsibilities:
An owner or operator required to establish a compliance monitoring program under this paragraph must, at a minimum, discharge the following responsibilities:
An owner or operator required to establish a corrective action program under this subpart must, at a minimum, discharge the following responsibilities:
Except as subparagraphs (1)(b) and (1)(d) of this rule provide otherwise:
The plan must identify steps necessary to perform partial and/or final closure of the facility at any point during its active life. The closure plan must include, at least:
The owner or operator must submit a written notification of or request for a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the applicable procedures in Rule 0400-12-01-.07(9). The written notification or request must include four (4) copies of the amended closure plan for review or approval by the Commissioner.
During the partial and final closure periods, all contaminated equipment, structures and soils must be properly disposed of or decontaminated unless otherwise specified in subparagraphs (10)(h), (11)(i), (12)(i), (13)(k), (14)(k), (27)(b) or (27)(d) of this rule. By removing any hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and must handle that waste in accordance with all applicable requirements of Rule 0400-12-01.03.
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of the completion of final closure, the owner or operator must submit to the Commissioner, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by a qualified Registered Professional Engineer as defined in Rule 0400-12-01-.01(2)(a). Documentation supporting the qualified Registered Professional Engineer's certification must be furnished to the Commissioner upon request until he releases the owner or operator from the financial assurance requirements for closure under part (8)(d)4 of this rule.
No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Commissioner, at least 4 copies of a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable regulations of this paragraph.
The owner or operator of a hazardous waste disposal unit must have a written post-closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by items (11)(i)3(i)(II) and (12)(i)3(i)(II) of this rule to have contingent post-closure plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent post-closure plans under items (11)(i)3(i)(II) and (12)(i)3(i)(II) of this rule must submit a post-closure plan to the Commissioner within 90 days from the date that the owner or operator or Commissioner determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of subparagraphs (h) through (k) of this paragraph. The plan must be submitted with the permit application, in accordance with Rule 0400-12-01-.07(5)(a) 1(xiii), and approved by the Commissioner as part of the permit issuance procedures under Rule 0400-12-01-.07(7). In accordance with Rule 0400-12-01-.07(8)(b), the approved post-closure plan will become a condition of the permit issued.
The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements of Rule 0400-12-01-.07. The written notification or request must include 4 copies of the amended post-closure plan for review or approval by the Commissioner.
No later than 60 days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator must submit to the Commissioner, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification must be signed by the owner or operator and a qualified Professional Engineer. Documentation supporting the qualified Professional Engineer's certification must be furnished to the Commissioner upon request until he releases the owner or operator from the financial assurance requirements for post-closure care under part (8)(f)4 of this rule.
"Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.
"Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
"Current liabilities" means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
"Current plugging and abandonment cost estimate" means the most recent of the estimates prepared in accordance with Tennessee Rule 0400-45-06-.09(10) or 40 CFR 144.62(a), (b), and (c) (as this Federal regulation exists on the effective date of this rulemaking), whichever is greater.
"Independently audited" refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
"Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
"Net working capital" means current assets minus current liabilities.
"Net worth" means total assets minus total liabilities and is equivalent to owner's equity.
"Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.
"Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.
"Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
"Nonsudden accidental occurrence" means an occurrence which takes place over time and involves continuous or repeated exposure.
"Sudden accidental occurrence" means an occurrence which is not continuous or repeated in nature.
An owner or operator of each facility must file and maintain with the Division Director financial assurance for closure of the facility in accordance with the requirements of this subparagraph.
(Note: See also subparagraphs (h), (i), (j) and (k) of this paragraph.)
Within 60 days after receiving certifications from the owner or operator and a qualified Professional Engineer that final closure has been accomplished in accordance with the approved closure plan, the Division Director will notify the owner or operator in writing that he is no longer required by this subparagraph to maintain financial assurance for final closure of the facility, unless the Commissioner or Board has reason to believe that final closure has not been in accordance with the approved closure plan. The Commissioner shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.
(Note: The original effective date of these regulations was October 31, 1980.)
The owner or operator of a hazardous waste management unit subject to the requirements of subparagraph (c) of this paragraph must establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility and the requirements of this subparagraph.
(Note: See also subparagraphs (h), (i), (j) and (k) of this paragraph.)
Within 60 days after receiving certifications from the owner or operator and a qualified Professional Engineer that post-closure care period has been completed for a hazardous waste disposal unit in accordance with the approved post-closure plan, the Division Director will notify the owner or operator in writing that he is no longer required by this subparagraph to maintain financial assurance for post-closure care of that unit, unless the Commissioner or Board has reason to believe that post-closure care has not been in accordance with the approved post-closure plan. The Commissioner shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved post-closure plan.
(Note: The original effective date of these regulations was October 31, 1980.)
An owner or operator may satisfy the requirements of subparagraphs (d) and/or (f) of this paragraph by establishing a closure and/or post-closure trust fund which conforms to the requirements of this part and submitting an originally signed duplicate of the trust agreement to the Division Director. An owner or operator of a new facility must submit the originally signed duplicate of the trust agreement to the Division Director.
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
An owner or operator may satisfy the requirements of subparagraphs (d) and/or (f) of this paragraph by obtaining a surety bond which conforms to the requirements of this part and submitting the bond to the Division Director. An owner or operator of a new facility must submit the bond to the Division Director.
An owner or operator may satisfy the requirements of subparagraphs (d) and/or (f) of this paragraph by obtaining a surety bond which conforms to the requirements of this part and submitting the bond to the Division Director. An owner or operator of a new facility must submit the bond to the Division Director.
An owner or operator may satisfy the requirements of subparagraphs (d) and/or (f) of this paragraph by obtaining an irrevocable standby letter of credit which conforms to the requirements of this part and submitting the letter to the Division Director. An owner or operator of a new facility must submit the letter of credit to the Division Director.
An owner or operator may satisfy the requirements of subparagraphs (d) and/or (f) of this paragraph by obtaining closure and/or post-closure care insurance which conforms to the requirements of this part and submitting a certificate of such insurance to the Division Director. An owner or operator of a new facility must submit the certificate of insurance to the Division Director.
An owner or operator may satisfy the requirements of subparagraphs (d) and/or (f) of this paragraph by filing his personal performance guarantee accompanied by collateral in the form of securities. He must guarantee to perform final closure in accordance with the closure plan and other requirements of the permit for the facility whenever required to do so, and/or guarantee to perform post-closure care in accordance with the post-closure plan and other requirements of the permit for the facility. The wording of the personal bond supported by securities must be identical to the wording specified in part (p)15 of this paragraph. The securities supporting this guarantee must be fully registered as to principal and interest in such manner as to identify the State and the Department as holder of such collateral and to also identify that person filing such collateral. These securities must have a current market value at least adequate to provide the necessary financial assurance, and must be included among the following types:
An owner or operator may satisfy the requirements of subparagraphs (d) and/or (f) of this paragraph by filing his personal performance guarantee accompanied by cash in an amount at least adequate to provide the necessary financial assurance. He must guarantee to perform final closure in accordance with the closure plan and other requirements of the permit for the facility whenever required to do so, and/or guarantee to perform post-closure care in accordance with the post-closure plan and other requirements of the permit for the facility.
An owner or operator may satisfy the requirements of subparagraphs (d) and/or (f) of this paragraph by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust fund, letters of credit, insurance, and personal bonds supported by securities or cash. The mechanisms must be as specified in parts 1,2,4,5,6 and 7, respectively, of subparagraph (g) of this paragraph, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current closure and/or post-closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The Commissioner may use any or all of the mechanisms to provide for closure and/or post-closure care of the facility.
An owner or operator may use a financial assurance mechanism specified in this subparagraph (g) of this paragraph to meet the requirements of subparagraphs (d) and/or (f) of this paragraph for more than one facility he owns and operates in Tennessee. Evidence of financial assurance submitted to the Division Director must include a list showing, for each facility, the Installation Identification Number, name, address, and the amount of funds for closure and/or post-closure care assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In a financial assurance forfeiture action taken under parts (d)5 and/or (f)5 of this paragraph for closure and/or post-closure care of any of the facilities covered by the mechanism, the Commissioner may order forfeiture of only the amount of funds designated for that facility unless the owner or operator agrees to the use of additional funds available under the mechanism.
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for one or more facilities by using a mechanism from subparagraph (g) of this paragraph which meets the requirements of both subparagraphs (d) and (f) of this paragraph. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance for closure and for post-closure care.
In meeting the requirements of subparagraphs (d) or (f) of this paragraph, an owner or operator may substitute alternate financial assurance meeting the requirements of this paragraph for the financial assurance already filed with the Division Director. However, the existing financial assurance shall not be released by the Commissioner until the substitute financial assurance has been received and approved by him or her.
The Division Director shall obtain possession of and deposit with the Treasurer of the State of Tennessee all collateral filed under this paragraph, in accordance with T.C.A. § 8-5-110. At the owner or operator's request, the State Treasurer shall release to the operator any interest income from deposited securities as the same becomes due and payable.
An owner or operator of a hazardous waste treatment, storage, or disposal facility, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. This liability coverage may be demonstrated as specified in subparts (i), (ii), (iii), (iv), (v) or (vi) of this part:
An owner or operator of a surface impoundment, landfill, land treatment facility, or disposal miscellaneous unit that is used to manage hazardous waste, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for nonsudden accidental occurrences in the amount of at least $3 million per occurrence with an annual aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator who must meet the requirements of this subparagraph may combine the required per-occurrence coverage levels for sudden and nonsudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability coverage may be demonstrated as specified in subparts (i),(ii),(iii),(iv),(v) or (vi) of this part:
If an owner or operator can demonstrate to the satisfaction of the Commissioner that the levels of financial responsibility required by parts 1 or 2 of this subparagraph are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the owner or operator may obtain a variance from the Commissioner. The request for a variance must be submitted to the Commissioner as part of the application under Rule 0400-12-01-.07(5) for a facility that does not have a permit, or pursuant to the procedures for permit modification under Rule 0400-12-01-.07(9)(c) for a facility that has a permit. If granted, the variance will take the form of an adjusted level of required liability coverage, such level to be based on the Commissioner's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The Commissioner may require an owner or operator who requests a variance to provide such technical and engineering information as is deemed necessary by the Commissioner to determine a level of financial responsibility other than that required by part 1 or 2 of this subparagraph. Any request for a variance for a permitted facility will be treated as a request for a permit modification under Rule 0400-12-01-.07(9)(c) 2 and 3(xiii).
If the Commissioner determines that the levels of financial responsibility required by part 1 or 2 of this subparagraph are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the Commissioner may adjust the level of financial responsibility required under part 1 or 2 of this subparagraph as may be necessary to protect human health and the environment. This adjusted level will be based on the Commissioner's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the Commissioner determines that there is a significant risk to human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill, or land treatment facility, he may require that an owner or operator of the facility comply with part 2 of this subparagraph. An owner or operator must furnish to the Division Director, within a reasonable time, any information which the Commissioner requests to determine whether cause exists for such adjustments of level or type of coverage. Any adjustment of the level or type of coverage for a facility that has a permit will be treated as a permit modification under Rule 0400-12-01-.07(9)(c) 2 and 3(xiii).
Within 60 days after receiving certifications from the owner or operator and a qualified Professional Engineer that final closure has been completed in accordance with the approved closure plan, the Division Director will notify the owner or operator in writing that he is no longer required by this subparagraph to maintain liability coverage for that facility, unless the Commissioner or Board has reason to believe that closure has not been in accordance with the approved closure plan. The Division Director shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.
The wording of the financial instruments listed below must be as follows or otherwise approved for use by the Commissioner:
(Note: See Table of Contents for Page Numbers.)
* Note: Copies of the three financial instrument forms listed above may be obtained by calling the Financial Assurance Office of the Division of Solid Waste Management at 615-532-0780 or writing to:
Attn: Financial Assurance Office
Tennessee Department of Environment & Conservation
Division of Solid Waste Management
L & C Tower, 5th Floor
401 Church Street
Nashville, TN 37243-1535
INSTRUMENT WORDING
TRUST AGREEMENT
Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of________ " or "a national bank"], the "Trustee."
Whereas, the Tennessee Department of Environment and Conservation (TDEC), an agency of the State of Tennessee, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility shall provide assurance that funds will be available when needed for closure and/or post-closure care of the facility,
Whereas, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities identified herein,
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee,
Now, Therefore, the Grantor and the Trustee agree as follows:
As used in this Agreement:
IDENTIFICATION OF FACILITIES AND COST ESTIMATES
This Agreement pertains to the facilities and cost estimates identified on attached Schedule A [on Schedule A, for each facility list the EPA Identification Number, name, address, and the current closure and/or post-closure cost estimates, or portions thereof, for which financial assurance is demonstrated by this Agreement].
ESTABLISHMENT OF FUND
The Grantor and the Trustee hereby establish a trust fund, the "Fund," for the benefit of TDEC. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by TDEC.
PAYMENT FOR CLOSURE AND POST-CLOSURE CARE
The Trustee shall make payments from the Fund as the Commissioner of TDEC shall direct, in writing, to provide for the payment of the costs of closure and/or post-closure care of the facilities covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the Commissioner of TDEC from the Fund for closure and post-closure expenditures in such amounts as the Commissioner of TDEC shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Commissioner of TDEC specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.
PAYMENTS COMPRISING THE FUND
Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
TRUSTEE MANAGEMENT
The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
COMMINGLING AND INVESTMENT
The Trustee is expressly authorized in its discretion:
EXPRESS POWERS OF TRUSTEE
Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
TAXES AND EXPENSES
All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
ANNUAL VALUATION
The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Commissioner of TDEC a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Commissioner of TDEC shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
ADVICE OF COUNSEL
The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
TRUSTEE COMPENSATION
The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
SUCCESSOR TRUSTEE
The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Commissioner of TDEC, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this SECTION shall be paid as provided in SECTION 9.
INSTRUCTIONS TO THE TRUSTEE
All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Commissioner of TDEC to the Trustee shall be in writing, signed by the Commissioner of TDEC, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or TDEC hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or TDEC, except as provided for herein.
NOTICE OF NONPAYMENT
The Trustee shall notify the Grantor and the Commissioner, by certified mail within 10 days following the expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment.
AMENDMENT OF AGREEMENT
This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Commissioner of TDEC, or by the Trustee and the Commissioner of TDEC if the Grantor ceases to exist.
IRREVOCABILITY AND TERMINATION
Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Commissioner of TDEC, or by the Trustee and the Commissioner of TDEC, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
IMMUNITY AND INDEMNIFICATION
The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Commissioner of TDEC issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
CHOICE OF LAW
This Agreement shall be administered, construed, and enforced according to the laws of the State of [insert name of State].
As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: The parties below certify that the wording of this Agreement is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 1 as such regulations were constituted on the date first above written.
[Signature of Grantor] ___________________________________________________
[Title]_________________________________________________________________
Attest:________________________________________________________________
[Title]_________________________________________________________________
[Seal]
[Signature of Trustee]____________________________________________________
Attest:________________________________________________________________
[Title]_________________________________________________________________
[Seal]
State of ________________________________________________________________
County of ______________________________________________________________
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
Subscribed and sworn to before me this ________day of __________, _____
________________________
Notary Public
My commission expires on the _______day of ____________, ______
* * * * * * * * * * * *
A surety bond guaranteeing payment into a trust fund, as specified in Rule 0400-12-01-.05(8)(g) 2 or part (g)2 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
FINANCIAL GUARANTEE BOND
Date bond executed: ___________________________________________
Effective date: __________________________________________________
Principal: [legal name and business address of owner or operator] ___________________________
__________________________________________________________
Type of Organization: [insert "individual," "joint venture," "partnership," or "corporation"]___________________________
State of incorporation: _____________________________________________________
Surety(ies): [name(s) and business address(es)]___________________________
_________________________________________________________________
EPA Identification Number, name, address and closure and/or post-closure amount(s) for each facility guaranteed by this bond [indicate closure and post-closure amounts separately]:______________
Total penal sum of bond: $__________________________________________________
Surety's bond number:_____________________________________________________
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the Tennessee Department of Environment and Conservation (hereinafter called Department), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required, under the Tennessee Hazardous Waste Management Act as amended (THWMA), to have a permit or interim status in order to own or operate each hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial assurance for closure, or closure and post-closure care, as a condition of the permit or interim status, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of final closure of each facility identified above, fund the standby trust fund in the amount(s) identified above for the facility,
Or, if the Principal shall fund the standby trust fund in such amount(s) within 15 days after a final order to begin closure is issued by the Commissioner of the Tennessee Department of Environment and Conservation, the Tennessee Solid Waste Disposal Control Board, or a court of competent jurisdiction,
Or, if the Principal shall provide alternate financial assurance, as specified in Tennessee Rule 0400-1201-.05(8) or Rule 0400-12-01-.06(8), as applicable, and obtain the Director of the Department's Division of Solid Waste Management (hereinafter called Division Director) written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Division Director from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Division Director that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Division Director.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Division Director, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Division Director, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Division Director.
(The following paragraph is an optional rider that may be included but is not required.)
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or post-closure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Division Director.
In Witness Whereof, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 2 as such regulations were constituted on the date this bond was executed.
Principal
[Signature(s)] _____________________________________________________
[Name(s)] ________________________________________________________
[Title(s) __________________________________________________________
[Corporate seal]
Corporate Surety(ies)
[Name and address] _______________________________________________
State of incorporation: ______________________________________________
Liability limit: $ ___________________________________________________
[Signature(s)] ____________________________________________________
[Name(s) and title(s)] ______________________________________________
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $ _________________________________________________
* * * * * * * * * * * *
A surety bond guaranteeing performance of closure and/or post-closure care, as specified in part (g)3 of this paragraph, must be worded as follows, except that the instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:
PERFORMANCE BOND
Date bond executed: ____________________________________________________________________
Effective date: _________________________________________________________________________
Principal: (legal name and business address of owner or operator) ____________________________________________________________________
Type of organization: (insert "individual," "joint venture," "partnership," or "corporation")
______________________________________________________________
State of incorporation: ___________________________________________________________________
Surety(ies): (Name(s) and business address(es)) ______________________________________________
Facilities Covered (EPA Identification Number, name, address, and closure and/or post-closure amount(s) for each facility guaranteed by this bond (indicate closure and post-closure amounts separately)):
______________________________________________________________
______________________________________________________________
______________________________________________________________
Total penal sum of bond: $ ________________________________________________________________
Surety's bond number:____________________________________________________________________
KNOW ALL PERSONS BY THESE PRESENTS, That we, the Principal and Surety(ies) hereto are firmly bound to the Tennessee Department of Environment and Conservation (hereinafter called Department), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
WHEREAS said Principal is required, under the Tennessee Hazardous Waste Management Act as amended (THWMA), to have a permit in order to own or operate each hazardous waste management facility identified above, and
WHEREAS said Principal is required to provide financial assurance for closure, or closure and postclosure care, as a condition of the permit;
NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall faithfully perform closure, whenever required to do so, of each facility for which this bond guarantees closure, in accordance with the closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
AND, if the Principal shall faithfully perform post-closure care of each facility for which this bond guarantees post-closure care, in accordance with the post-closure plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
OR, if the Principal shall provide alternate financial assurance as specified in Tennessee Rule 0400-1201-.06(8), and obtain the written approval of such assurance from the Director of the Department's Division of Solid Waste Management (hereinafter called Division Director), within 90 days after the date notice of cancellation is received by both the Principal and the Division Director from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
Upon notification by the Division Director that the principal has been found in violation of the closure requirements of Tennessee Rule 0400-12-01-.06, for a facility for which this bond guarantees performance of closure, the Surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements or forfeit the closure amount guaranteed for the facility to the Department as directed by the Division Director.
Upon notification by the Division Director that the Principal has been found in violation of the post-closure requirements of Tennessee Rule 0400-12-01-.06 for a facility for which this bond guarantees performance of post-closure care, the Surety(ies) shall either perform post-closure care in accordance with the postclosure plan and other permit requirements or forfeit the post-closure amount guaranteed for the facility to the Department as directed by the Division Director.
Upon notification by the Division Director that the Principal has failed to provide alternate financial assurance as specified in Tennessee Rule 0400-12-01-.06(8), and obtain written approval of such assurance from the Division Director during the 90 days following receipt by both the Principal and the Division Director of a notice of cancellation of this bond, the Surety(ies) shall forfeit funds in the amount guaranteed for the facility(ies) to the Department as directed by the Division Director.
The Surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of this bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the principal (owner or operator) and to the Division Director, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Division Director, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of this bond by the Division Director.
(The following paragraph is an optional rider that may be included but is not required.)
Principal and Surety(ies) hereby agrees to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or post-closure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Division Director.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this PERFORMANCE BOND and have affixed their seals on the date (s) set forth below.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 3 as such regulation was constituted on the date (s) this bond was executed.
PRINCIPAL
(Signature(s)) ___________________________________________________________________________
(Name(s))______________________________________________________________________________
(Title(s)) ______________________________________________________________________________
(Corporate seal)
CORPORATE SURETY(IES)
(Name and address) _____________________________________________________________________
State of incorporation:_____________________________________________________________________
Liability limit: $ _________________________________________________________________________
(Signature(s))___________________________________________________________________________
(Name(s) and title(s))_____________________________________________________________________
(Corporate seal)
(For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.)________________________________________________________________________
Bond premium: $ _______________________________________________________________________
* * * * * * * * * * * *
A letter of credit, as specified in part (g)4 of this paragraph or Rule 0400-12-01-.05(8)(g) 3, must be worded as follows, except that instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:
IRREVOCABLE STANDBY LETTER OF CREDIT
Director
Division of Solid Waste Management
Tennessee Department of Environment and Conservation
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. _______________ in your favor, at the request and for the account of (owner's or operator's name and address) up to the aggregate amount of (in words) U.S. dollars $ _____________, available upon presentation of
This letter of credit is effective as of (date) and shall expire on (date at least 1 year later), but such expiration date shall be automatically extended for a period of (at least 1 year) on (date) and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you and (owner's or operator's name) by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and (owner's or operator's name), as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall forfeit the amount of the draft to the State of Tennessee in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 4 as such regulations were constituted on the date shown immediately below.
(Signature(s))___________________________________________________________________________
(Name(s))______________________________________________________________________________
(Title(s)) ______________________________________________________________________________
(Corporate seal)
(Date)_________________________________________________________________________________
This credit is subject to (insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the Uniform Commercial Code").
* * * * * * * * * * * *
A certificate of insurance, as specified in part (g)5 of this paragraph or Rule 0400-12-01-.05(8)(g) 4, must be worded as follows, except that instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:
CERTIFICATE OF INSURANCE FOR CLOSURE OR POST-CLOSURE CARE
Name and Address of Insurer (herein called the "Insurer"):
_____________________________________
_____________________________________
Name and Address of Insured (herein called the "Insured"):
_____________________________________
_____________________________________
Facilities Covered:(List for each facility: The EPA Identification Number, name, address, and the amount of insurance for closure and/or the amount for post-closure care (these amounts for all facilities covered must total the face amount shown below):
_____________________________________
_____________________________________
Face Amount:___________________________________________________________________________
Policy Number:__________________________________________________________________________
Effective Date: _________________________________________________________________________
The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurance for (insert "closure" or "closure and post-closure care" or "post-closure care") for the facilities identified above. The Insurer further warrants that such policy conforms in all respects with the requirements of Tennessee Rules 0400-12-01-.05(8)(g) 4 and 0400-12-01-.06(8)(g) 5, as applicable and as such regulations were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency.
Whenever requested by the Director of the Division of Solid Waste Management of the Tennessee Department of Environment and Conservation, the Insurer agrees to furnish to the Division Director a duplicate original of the policy listed above, including all endorsements thereon.
I hereby certify that the wording of this certificate is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 5 as such regulations were constituted on the date shown immediately below.
(Authorized signature for Insurer) ___________________________________________________________
(Name of person signing) _________________________________________________________________
(Title of person signing) ___________________________________________________________________
Subscribed and sworn to before me this ________day of __________, ____
Notary Public
My commission expires on the _______day of ____________, ______
* * * * * * * * * * * *
A letter from the chief financial officer, as specified in Rule 0400-12-01-.05(8)(g) 7 or Rule 0400-12-01-.06(8)(g) 8 must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
LETTER FROM CHIEF FINANCIAL OFFICER
[Address to Division Director]
I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance for closure and/or post-closure costs, as specified in of Rules 0400-12-01-.05(8) and .06(8).
(Fill out the following five paragraphs regarding facilities and associated cost estimates. If your firm has no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its Installation Identification Number, name, address, and current closure and/or post-closure cost estimates. Identify each cost estimate as to whether it is for closure or post-closure care.)
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
(Fill in Alternative I if the criteria of Rule 0400-12-01-.05(8)(g) 7(i)(I) or Rule 0400-12-01-.06(g) 8(i)(I) are used. Fill in Alternative II if the criteria of Rule 0400-12-01-.05(8)(g) 7(i)(II) or Rule 0400-12-01-.06(8)(g) 8(i)(II) are used.)
Alternative I
1. Sum of current closure and post-closure cost estimate (total of all cost estimates shown in the five paragraphs above) | $__________ |
*2. Total liabilities (if any portion of your closure or post-closure cost estimates is included in your total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4) | $__________ |
*3. Tangible net worth | $__________ |
*4. Net worth | $__________ |
*5. Current assets | $__________ |
*6. Current liabilities | $__________ |
7. Net working capital (line 5 minus line 6) | $__________ |
*8. The sum of net income plus depreciation, depletion, and amortization | $__________ |
*9. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) | $__________ |
10. Is line 3 at least $10 million? (Yes/No) | __________ |
11. Is line 3 at least 6 times line 1? (Yes/No) | __________ |
12. Is line 7 at least 6 times line 1? (Yes/No) | __________ |
*13. Are at least 90% of firm's assets located in the U.S.? If not, complete line 14 (Yes/No) | __________ |
14. Is line 9 at least 6 times line 1? (Yes/No) | __________ |
15. Is line 2 divided by line 4 less than 2.0? (Yes/No) | __________ |
16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) | __________ |
17. Is line 5 divided by line 6 greater than 1.5? (Yes/No) | __________ |
Alternative II
1. Sum of current closure and post-closure cost estimates (total of all cost estimates shown in the five paragraphs above ) | $__________ |
2. Current bond rating of most recent issuance of this firm and name of rating service | $__________ |
3. Date of issuance of bond | __________ |
4. Date of maturity of bond | __________ |
*5. Tangible net worth (if any portion of the closure and post-closure cost estimates is included in "total liabilities" on your firm's financial statements, you may add that portion to this line) | $__________ |
*6. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) | $__________ |
7. Is line 5 at least $10 million? (Yes/No) | $__________ |
8. Is line 5 at least 6 times line 1? (Yes/No) | __________ |
*9. Are at least 90% of firm's assets located in the U.S.? If not, complete line 10 (Yes/No) | __________ |
10. Is line 6 at least 6 times line 1? (Yes/No) | __________ |
I hereby certify that the wording of this letter is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 6 as such regulations were constituted on the date shown immediately below.
[Signature] ____________________________________________________________________________
[Name]________________________________________________________________________________
[Title] _________________________________________________________________________________
[Date]_________________________________________________________________________________
* * * * * * * * * * * *
A letter from the chief financial officer, as specified in Rule 0400-12-01-.05(8)(n) 6 or .06(8)(n)6, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the parentheses deleted:
LETTER FROM CHIEF FINANCIAL OFFICER
(Address to Division Director)
I am the chief financial officer of [firm's name and address]. This letter is in support of the use of the financial test to demonstrate financial responsibility for liability coverage [insert "and closure and/or postclosure care" if applicable] as specified in Rules 0400-12-01-.05(8) and .06(8).
(Fill out the following paragraphs regarding facilities and liability coverage. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its Installation Identification Number, name, and address.)
The firm identified above is the owner or operator of the following facilities for which liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences is being demonstrated through the financial test specified in Rules 0400-12-01-.05(8) and .06(8): _______________________.
The firm identified above guarantees, through the guarantee specified in Rules 0400-12-01-.05(8) and .06(8), liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences at the following facilities owned or operated by the following: _______________. The firm identified above is (insert one or more:
(If you are using the financial test to demonstrate coverage of both liability and closure and post-closure care, fill in the following five paragraphs regarding facilities and associated closure and post-closure cost estimates. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its Installation Identification Number, name, address, and current closure and/or post-closure cost estimates. Identify each cost estimate as to whether it is for closure or post-closure care.)
________________________________________________________
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day] The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
(Fill in part A if you are using the financial test to demonstrate coverage only for the liability requirements.)
Part A. Liability Coverage for Accidental Occurrences
(Fill in Alternative I if the criteria of Rule 0400-12-01-.05(8)(n) 6(i)(I) or Rule 0400-12-01-.06(8)(n) 6(i)(I) are used. Fill in Alternative II if the criteria of Rule 0400-12-01-.05(8)(n) 6(i)(II) or Rule 0400-12-01-.06(8)(n) 6(i)(II) are used.)
ALTERNATIVE I
1. Amount of annual aggregate liability coverage to be demonstrated. | $__________ |
*2. Current assets | $__________ |
*3. Current liabilities | $__________ |
4. Net working capital (line 2 minus line 3). | $__________ |
*5. Tangible net worth | $__________ |
*6. If less than 90% or assets are located in the U.S., give total U.S. assets. | $__________ |
7. Is line 5 at least $10 million? | Yes or No |
8. Is line 4 at least 6 times line 1? | __________ |
9. Is line 5 at least 6 times line 1? | __________ |
*10. Are at least 90% of assets located in the U.S.? If not, complete line 11. | __________ |
11. Is line 6 at least 6 times line 1? | __________ |
ALTERNATIVE II
1. Amount of annual aggregate liability coverage to be demonstrated. | $__________ |
2. Current bond rating of most recent issuance and name of rating service. | __________ |
3. Date of issuance of bond. | __________ |
4. Date of maturity of bond. | |
*5. Tangible net worth | $____________________ |
*6. Total assets in U.S. (required only if less than 90% of assets are located in the U.S.). | $__________ |
7. Is line 5 at least $10 million? | Yes or No |
8. Is line 5 at least 6 times line 1? | __________ |
9. Are at least 90% of assets located in the U.S.? If not, complete line 10. | __________ |
10. Is line 6 at least 6 times line 1? | __________ |
(Fill in part B if you are using the financial test to demonstrate assurance of both liability coverage and closure or post-closure care.)
Part B. Closure or Post-Closure Care and Liability Coverage
(Fill in Alternative I if the criteria of Rule 0400-12-01-.06(8)(g) 8(i)(I) and Rule 0400-12-01-.06(8)(n) 6(i)(I) are used or if the criteria of Rule 0400-12-01-.05(8)(g) 7(i)(I) and Rule 0400-12-01-.05(8)(n) 6(i)(I) are used. Fill in Alternative II if the criteria of Rule 0400-12-01-.06(8)(g) 8(i)(II) and Rule 0400-12-01-.06(8)(n) 6(i)(II) are used or if the criteria of Rule 0400-12-01-.05(8)(g) 7(i)(II) and Rule 0400-12-01-.05(8)(n) 6(i)(II) are used.)
ALTERNATIVE I
1. Sum of current closure and post-closure cost estimates (total of all cost estimates listed above). | $__________ |
2. Amount of annual aggregate liability coverage to be demonstrated. | $__________ |
3. Sum of lines 1 and 2 | $__________ |
*4. Total liabilities (if any portion of your closure or post-closure cost estimates is included in your total liabilities, you may deduct that portion from this line and add that amount to lines 5 and 6). | $__________ |
*5. Tangible net worth | $__________ |
*6. Net worth | $__________ |
*7. Current assets | $__________ |
*8. Current liabilities | $__________ |
9. Net working capital (line 7 minus line 8). | $__________ |
*10. The sum of net income plus depreciation,depletion, and amortization. | $__________ |
*11. Total assets in U.S. (required only if less than 90% of assets are located in the U.S.). | $__________ |
Yes or No | |
12. Is line 5 at least $10 million? | __________ |
13. Is line 5 at least 6 times line 3? | __________ |
14. Is line 9 at least 6 times line 3? | __________ |
*15. Are at least 90% of assets located in the U.S.? If not, complete line 16. | __________ |
16. Is line 11 at least 6 times line 3? | __________ |
17. Is line 4 divided by line 6 less than 2.0? | __________ |
18. Is line 10 divided by line 4 greater than 0.1? | |
19. Is line 7 divided by line 8 greater than 1.5? | __________ |
ALTERNATIVE II
1. Sum of current closure and post-closure cost estimates (total of all cost estimates listed above). | $__________ |
2. Amount of annual aggregate liability coverage to be demonstrated. | $__________ |
3. Sum of lines 1 and 2 | $__________ |
4. Current bond rating of most recent issuance and name of rating service. | $__________ |
5. Date of issuance of bond. | __________ |
6. Date of maturity of bond. | __________ |
*7. Tangible net worth (if any portion of the closure or post-closure cost estimates is included in "total liabilities" on your financial statements you may add that portion to this line.) | $__________ |
*8. Total assets in U.S. (required only if less than 90% of assets are located in the U.S.). | $__________ |
Yes or No | |
9. Is line 7 at least $10 million? | __________ |
10. Is line 7 at least 6 times line 3? | __________ |
*11. Are at least 90% of assets located in the U.S.? If not, complete line 12. | __________ |
12. Is line 8 at least 6 times line 3? | __________ |
I hereby certify that the wording of this letter is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 7 as such regulations were constituted on the date shown immediately below.
(Signature) __________________________________________________________________________________
(Name) _____________________________________________________________________________________
(Title) ______________________________________________________________________________________
(Date) ______________________________________________________________________________________
* * * * * * * * * * * *
CORPORATE GUARANTEE FOR CLOSURE OR POST-CLOSURE CARE
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of the State of [insert name of State], herein referred to as guarantor. This guarantee is made [to the Tennessee Department of Environment and Conservation] on behalf of the [owner or operator] of [business address], which is [one of the following: "our subsidiary", "a subsidiary of [name and address of common parent corporation], of which guarantor is a "subsidiary"; or "an entity with which guarantor has a substantial business relationship, as defined in either Rule 0400-12-01-.05(8)(b) or Rule 0400-12-01-.06(8)(b)".
Recitals
Guarantor may terminate this guarantee by sending notice by certified mail to the Division Director and to [owner or operator], provided that this guarantee may not be terminated unless and until [owner or operator] obtains, and the Commissioner approve(s), alternate closure and/or post-closure care coverage complying with Rule 0400-12-01-.05(8)(n) and/or Rule 0400-12-01-.06(8)(n).
(Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with its owner or operator.)
Guarantor may terminate this guarantee 120 days following the receipt of notification, through certified mail, by the Division Director and by [the owner or operator].
I hereby certify that the wording of this guarantee is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 8(i) as such regulations were constituted on the date first above written.
Effective Date: __________________________________________________________________
(Name of guarantor) _______________________________________________________________
(Authorized signature for guarantor) ___________________________________________________
(Name of person signing) ___________________________________________________________
(Title of person signing) ____________________________________________________________
Subscribed and sworn to before me this ________day of __________, ___
________________
Notary Public
My commission expires on the _______day of_________, ______
GUARANTEE FOR LIABILITY COVERAGE
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of [if incorporated within the United States], insert "the State of _______________" and insert name of State; if incorporated outside the United States, insert the name of the country in which incorporated, the principal place of business within the United States, and the name and address of the registered agent in the State of the principal place of business], herein referred to as guarantor. This guarantee is made on behalf of [owner or operator] of [business address], which is one of the following: "our subsidiary;" "a subsidiary of [name and address of common parent corporation], of which guarantor is a subsidiary;" or "an entity with which guarantor has a substantial business relationship, as defined in [either Rule 0400-12-01-.05(8)(b) or Rule 0400-12-01-.06(8)(b) ]" to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee.
Recitals
Guarantor may terminate this guarantee by sending notice by certified mail to the Division Director and to [owner or operator], provided that this guarantee may not be terminated unless and until [the owner or operator] obtains, and the Division Director approve(s), alternate liability coverage complying with Rules 0400-12-01-.05(8)(n) and 0400-12-01-.06(8)(n).
(Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with the owner or operator.)
Guarantor may terminate this guarantee 120 days following receipt of notification, through certified mail, by the Division Director and by [the owner or operator].
CERTIFICATION OF VALID CLAIM
The undersigned, as parties [insert Principal] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating (Principal's) hazardous waste treatment, storage, or disposal facility should be paid in the amount of $(_____).
(Signatures)_______________________________________________________
Principal
Subscribed and sworn to before me this ________day of __________, ___
_______________
Notary Public
My commission expires on the _______day of ____________, ______
(Signatures) _______________________________________________________
Claimant(s)
Subscribed and sworn to before me this ________day of __________, ___
________________
Notary Public
My commission expires on the _______day of _________, _____
I hereby certify that the wording of the guarantee is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 8(ii) as such regulations were constituted on the date shown immediately below.
Effective date: ____________________________________________________________________
(Name of guarantor) _______________________________________________________________
(Authorized signature for guarantor) ___________________________________________________
(Name of person signing) ___________________________________________________________
(Title of person signing) ____________________________________________________________
Subscribed and sworn to before me this ________day of __________, __________
_____________
Notary Public
My commission expires on the _______day of ____________, ________
* * * * * * * * * * * *
A hazardous waste facility liability endorsement, as required in Rule 0400-12-01-.05(8)(n) and Rule 0400-12-01-.06(8)(n) must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
HAZARDOUS WASTE FACILITY LIABILITY ENDORSEMENT
Attached to and forming part of policy no. __________ issued by (name of Insurer), herein called the Insurer, (address of Insurer) to (name of Insured) of (address) this ____day of ___, ____. The effective date of said policy is day of _____, ____.
I hereby certify that the wording of this endorsement is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 9 as such regulation was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in Tennessee.
(Signature of Authorized Representative of Insurer) _____________________________________________
(Type name) ____________________________________________________________________________
(Title), Authorized Representative of (Name of Insurer) ___________________________________________
(Address of Representative) ________________________________________________________________
* * * * * * * * * * * *
A certificate of liability insurance as required in Rule 0400-12-01-.05(8)(n) or subparagraph (n) of this paragraph, must be worded as follows, except that the instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:
HAZARDOUS WASTE FACILITY CERTIFICATE OF LIABILITY INSURANCE
I hereby certify that the wording of this instrument is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 10 as such regulation was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in the state of Tennessee.
(Signature of Authorized Representative of Insurer) __________________________________________________
(Type Name) ________________________________________________________________________________
(Title) Authorized Representative of (Name of Insurer) ________________________________________________
(Address of Representative) ____________________________________________________________________
* * * * * * * * * * * *
A letter of credit, as specified in part (8)(n)8 of Rule 0400-12-01-.05 or part (n)8 of this paragraph, must be worded as follows, except that instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:
IRREVOCABLE STANDBY LETTER OF CREDIT
Name and Address of Issuing Institution _________________________________________________ ___________________________________________________________
(Address to Commissioner)
Dear Commissioner: We hereby establish our Irrevocable Standby Letter of Credit No. ____ in the favor of any and all third-party liability claimants, at the request and for the account of (owner's or operator's name and address) for third-party liability awards or settlements up to (in words) U.S. dollars $ ___ per occurrence and the annual aggregate amount of (in words) U.S. dollars $ _______, for sudden accidental occurrences and/or for third-party liability awards or settlements up to the amount of (in words) U.S. dollars $ __________ per occurrence, and the annual aggregate amount of (in words) U.S. dollars $ __________, for nonsudden accidental occurrences available upon presentation of a sight draft, bearing reference to this letter of credit No. _____, and
CERTIFICATION OF VALID CLAIM
The undersigned, as parties (insert principal) and (insert name and address of third-party claimants), hereby certify that the claim of bodily injury (and/or) property damage caused by a (sudden or nonsudden) accidental occurrence arising from operations of (principal's) hazardous waste treatment, storage, or disposal facility should be paid in the amount of $ . We hereby certify that the claim does not apply to any of the following:
(Signatures)
Grantor _________________________________________________________
(Signatures)
Claimant(s) ________________________________________________________
or
This letter of credit is effective as of (date) and shall expire on (date at least one year later), but such expiration date shall be automatically extended for a period of (at least one year) on (date) and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify you, the Commissioner, and (owner's or operator's name) by certified mail that we have decided not to extend this letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us.
In the event that this letter of credit is used in combination with another mechanism for liability coverage, this letter of credit shall be considered (insert "primary" or "excess") coverage.
We certify that the wording of this letter of credit is identical to the wording specified in part (8)(p)11 of Tennessee Rule 0400-12-01-.06 as such regulations were constituted on the date shown immediately below.
(Signatures(s))__________________________________________________________________
(Name(s)) _____________________________________________________________________
(Title(s))_______________________________________________________________________
(Date) ________________________________________________________________________
This credit is subject to (insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce" or "the Uniform Commercial Code").
* * * * * * * * * * * *
A surety bond, as specified in Rule 0400-12-01-.05(8)(n) 9 or part (n)9 of this paragraph, must be worded as follows except that instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:
PAYMENT BOND
Surety Bond No. (Insert Number)
Parties (insert name and address of owner or operator), Principal, incorporated in (Insert State of incorporation) of (Insert city and State of principal place of business) and (Insert name and address of surety company(ies)), Surety Company(ies), of (Insert surety(ies) place of business).
Installation Identification Number, name, and address for each facility guaranteed by this bond: ____________________ _______________________________________________________
Sudden Accidental Occurences | Nonsudden Accidental Occurences | |
Penal Sum Per Occurence | (insert amount) | (insert amount) |
Annual Aggregate | (insert amount) | (insert amount) |
Purpose:
This is an agreement between the Surety(ies) and the Principal under which the Surety(ies), its (their) successors and assignees, agree to be responsible for the payment of claims against the Principal for bodily injury and/or property damage to third parties caused by ("sudden" and/or "nonsudden") accidental occurrences arising from operations of the facility or group of facilities in the sums prescribed herein; subject to the governing provisions and the following conditions:
Governing Provisions:
Conditions:
Certification of Valid Claim
The undersigned, as parties (insert name of Principal) and (insert name and address of third party claimant(s)), hereby certify that the claim of bodily injury and/or property damage caused by a (sudden or nonsudden) accidental occurrence arising from operating (Principal's) hazardous waste treatment, storage, or disposal facility should be paid in the amount of $(____).
(Signature) _____________________________________________________________
Principal)
Subscribed and sworn to before me this _____ day of ____________, ______
_____________
Notary Public
My commission expires on the _______ day of ___________, _________
(Signature(s)) ___________________________________________________________
Claimant(s)
Subscribed and sworn to before me this ____ day of ____________, _______
_____________
Notary Public
My commission expires on the ________ day of ___________, _________
or
In Witness Whereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 12, as such regulations were constituted on the date this bond was executed.
PRINCIPAL
(Signature(s)) ___________________________________________________________
(Name(s)) ______________________________________________________________
(Title(s)) ________________________________________________________________
(Corporate Seal)
CORPORATE SURETY(IES)
(Name and address)
State of incorporation: ____________________________________________________
Liability Limit: $___________________________________________________________
(Signature(s)) ___________________________________________________________
(Name(s) and title(s)) ______________________________________________________
(Corporate seal)
(For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.)
Bond premium: $ _________________________________________________________
* * * * * * * * * * * *
TRUST AGREEMENT
Trust Agreement, the "Agreement," entered into as of (date) by and between (name of the owner or operator) a (name of State) (insert "corporation," "partnership," "association," or "proprietorship"), the "Grantor," and (name of corporate trustee), (insert "incorporated in the State of " or "a national bank"), the "Trustee."
Whereas the Tennessee Solid Waste Disposal Control Board has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility or group of facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a trust to assure all or part of such financial responsibility for the facilities identified herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
As used in this Agreement:
IDENTIFICATION OF FACILITIES
This agreement pertains to the facilities identified on attached schedule A (on schedule A, for each facility list the EPA Identification Number, name, and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement).
ESTABLISHMENT OF FUND
The Grantor and the Trustee hereby establish a trust fund, hereinafter the "Fund," for the benefit of any and all third parties injured or damaged by (sudden and/or nonsudden) accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of ____(up to $1 million) per occurrence and ____(up to $2 million) annual aggregate for sudden accidental occurrences and ____(up to $3 million) per occurrence and ____(up to $6 million) annual aggregate for nonsudden occurrences, except that the Fund is not established for the benefit of third parties for the following:
In the event of combination with another mechanism for liability coverage, the fund shall be considered (insert "primary" or "excess") coverage.
The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Department.
PAYMENT FOR BODILY INJURY OR PROPERTY DAMAGE
The Trustee shall satisfy a third party liability claim by making payments from the Fund only upon receipt of one of the following documents:
CERTIFICATION OF VALID CLAIM
The undersigned, as parties (insert Grantor) and (insert name and address of third party claimant(s)), hereby certify that the claim of bodily injury and/or property damage caused by a (sudden or nonsudden) accidental occurrence arising from operating (Grantor's) hazardous waste treatment, storage, or disposal facility should be paid in the amount of $(____).
(Signatures)________________________________________________
Grantor
(Signatures)________________________________________________
Claimant(s)
PAYMENTS COMPRISING THE FUND
Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
TRUSTEE MANAGEMENT
The Trustee shall invest and reinvest the principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstance then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
COMMINGLING AND INVESTMENT
The Trustee is expressly authorized in its discretion:
EXPRESS POWERS OF TRUSTEE
Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
TAXES AND EXPENSES
All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
ANNUAL VALUATIONS
The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Division Director a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Division Director shall constitute a conclusively binding assent by the Grantor barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
ADVICE OF COUNSEL
The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
TRUSTEE COMPENSATION
The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
SUCCESSOR TRUSTEE
The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Division Director, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this SECTION shall be paid as provided in SECTION 9.
INSTRUCTIONS TO THE TRUSTEE
All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Division Director to the Trustee shall be in writing, signed by the Commissioner of the Tennessee Department of Environment and Conservation or his designee, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Department hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Department, except as provided for herein.
NOTICE OF NONPAYMENT
If a payment for bodily injury or property damage is made under SECTION 4 of this trust, the Trustee shall notify the Grantor of such payment and the amount(s) thereof within five (5) working days. The Grantor shall, on or before the anniversary date of the establishment of the Fund following such notice, either make payments to the Trustee in amounts sufficient to cause the trust to return to its value immediately prior to the payment of claims under SECTION 4, or shall provide written proof to the Trustee that other financial assurance for liability coverage has been obtained equaling the amount necessary to return the trust to its value prior to the payment of claims. If the Grantor does not either make payments to the Trustee or provide the Trustee with such proof, the Trustee shall within 10 working days after the anniversary date of the establishment of the Fund provide a written notice of nonpayment to the Division Director.
AMENDMENT OF AGREEMENT
This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Commissioner of the Tennessee Department of Environment and Conservation or his designee, or by the Trustee and the Commissioner of the Tennessee Department of Environment and Conservation or his designee if the Grantor ceases to exist.
IRREVOCABILITY AND TERMINATION
Subject to the right of the parties to amend this Agreement as provided in SECTION 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Commissioner of the Tennessee Department of Environment and Conservation or his designee, or by the Trustee and the Commissioner of the Tennessee Department of Environment and Conservation or his designee, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
The Commissioner of the Tennessee Department of Environment and Conservation or his designee will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this SECTION.
IMMUNITY AND INDEMNIFICATION
The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Commissioner of the Tennessee Department of Environment and Conservation or his designee issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
CHOICE OF LAW
This Agreement shall be administrated, construed, and enforced according to the laws of the State of (enter name of State).
INTERPRETATION
As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each SECTION of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 13 as such regulations were constituted on the date first above written.
(Signature of Grantor) _______________________________________________
(Title) ____________________________________________________________
Attest: __________________________________________________________
(Title) ____________________________________________________________
(Seal)
(Signature of Trustee) _______________________________________________
Attest: ___________________________________________________________
(Title) ____________________________________________________________
(Seal)
The following is an example of the certification of acknowledgement which must accompany the trust agreement for a trust fund as specified in Rule 0400-12-01-.05(8)(n) 10 or part (n)10 of this paragraph. State requirements may differ on the proper content of this acknowledgement.
CERTIFICATION OF ACKNOWLEDGEMENT
State of_________________________________________________________________
County of________________________________________________________________
On this (date), before me personally came (owner or operator) to me known, who, being by me duly sworn, did depose and say that she/he resides at (address), that she/he is (title) of (corporation), the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
Subscribed and sworn to before me this ________day of _________, ____
__________________________
Notary Public
My commission expires on the _______day of ____________, ______
* * * * * * * * * * * *
STANDBY TRUST AGREEMENT
Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator] a [name of a State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert, "incorporated in the State of___________ " or "a national bank"], the "trustee."
Whereas the Tennessee Solid Waste Disposal Control Board (hereinafter Board) has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility or group of facilities must demonstrate financial responsibility for bodily and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a standby trust into which the proceeds from a letter of credit may be deposited to assure all or part of such financial responsibility for the facilities identified herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
As used in this Agreement:
IDENTIFICATION OF FACILITIES
This agreement pertains to the facilities identified on attached schedule A [on schedule A, for each facility list the EPA Identification Number, name, and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement].
ESTABLISHMENT OF FUND
The Grantor and the Trustee hereby establish a standby trust fund, hereafter the "Fund," for the benefit of any and all third parties injured or damaged by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of ____[up to $1 million] per occurrence and ____[up to $2 million] annual aggregate for sudden accidental occurrences and ____[up to $3 million] per occurrence and [up to $6 million] annual aggregate for nonsudden occurrences, except that the Fund is not established for the benefit of third parties for the following:
This exclusion applies:
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the proceeds of the letter of credit deposited into the Fund. Such proceeds and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established the Board.
PAYMENT FOR BODILY INJURY OR PROPERTY DAMAGE
The Trustee shall satisfy a third party liability claim by drawing on the letter of credit described in Schedule B and by making payments from the Fund only upon receipt of one of the following documents:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[].
[Signature]_________________________________________________
Grantor
[Signatures]________________________________________________
Claimant(s)
PAYMENTS COMPRISING THE FUND
Payments made to the Trustee for the Fund shall consist of the proceeds from the letter of credit drawn upon by the Trustee in accordance with the requirements of Tennessee Rule 0400-12-01-.06(8)(p) 14 and Section 4 of this Agreement.
TRUSTEE MANAGEMENT
The Trustee shall invest and reinvest the principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
COMMINGLING AND INVESTMENT
The Trustee is expressly authorized in its discretion:
EXPRESS POWERS OF TRUSTEE
Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
TAXES AND EXPENSES
All taxes of any kind that may be assessed or levied against or in respect to the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements to the Trustee shall be paid from the Fund.
ADVICE OF COUNSEL
The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
TRUSTEE COMPENSATION
The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
SUCCESSOR TRUSTEE
The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Director of the Solid Waste Management Division of the Tennessee Department of Environment and Conservation (TDEC) and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
INSTRUCTIONS TO THE TRUSTEE
All orders, requests, certifications of valid claims, and instructions to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the TDEC hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or TDEC, except as provided for herein.
AMENDMENT OF AGREEMENT
This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and TDEC, or by the Trustee and TDEC if the Grantor ceases to exist.
IRREVOCABILITY AND TERMINATION
Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and TDEC, or by the Trustee and TDEC, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be paid to the Grantor.
The Regional Administrator will agree to termination of the Trust when the owner or operator substitutes alternative financial assurance as specified in this SECTION.
IMMUNITY AND INDEMNIFICATION
The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor and TDEC issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
CHOICE OF LAW
This Agreement shall be administered, construed, and enforced according to the laws of the State of Tennessee.
INTERPRETATION
As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The description headings for each Section of this Agreement shall not affect the interpretation of the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in Tennessee Rule 0400-12-01-.06(8)(p) 14 as such regulations were constituted on the date first above written.
[Signature of Grantor] ______________________________________________
[Title] ___________________________________________________________
Attest: __________________________________________________________
[Title] ___________________________________________________________
[Seal]
[Signature of Trustee] ______________________________________________
Attest:___________________________________________________________
[Title] ___________________________________________________________
[Seal]
The following is an example of the certification of acknowledgement which must accompany the trust agreement for a standby trust fund as specified in Rule 0400-12-01-.05(8)(n) 8 or part (n)8 of this paragraph. State requirements may differ on the proper content of this acknowledgement.
CERTIFICATION OF ACKNOWLEDGEMENT
State of ________________________________________________________________
County of _______________________________________________________________
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
Subscribed and sworn to before me this _______day of _________, ____
_________________
Notary Public
My commission expires on the _______day of ____________, ______
* * * * * * * * * * * *
Date bond executed: __________________________________________________________________________
Effective date: _______________________________________________________________________________
Principal: (legal name and address of operator) _____________________________________________________
Type of organization: (insert "individual," "joint venture," "partnership" or "corporation") _____________________
State of incorporation: ________________________________________________________________________ E.P.A. I.D. number, name, address, and closure and post-closure amount(s) for each facility guaranteed by this bond (indicate closure and post-closure amounts separately):_____________________________________
Total penal sum of bond: _____________________________________________________________________
Type(s) of Securities: _____________, _______________, _______________, ________________________
Serial Number(s) of Security(ies): ________________________________________________________________
KNOW ALL PERSONS BY THESE PRESENTS, The Principal, hereto are firmly bound to the Tennessee Department of Environment and Conservation (hereinafter called the Department), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally for the payment of the full amount of the penal sum.
WHEREAS said Principal is required, under the Tennessee Hazardous Waste Management Act as amended (THWMA), to have a permit in order to operate each solid waste disposal facility identified above, and
WHEREAS said principal is required to provide financial assurance for proper operation, closure and post-closure care as a condition of the permit;
NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall properly operate the solid waste disposal facility and perform closure, whenever required to do so, of each facility for which this bond guarantees proper operation and closure, in accordance with the closure/post-closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended.
AND, if the Principal shall faithfully operate the solid waste disposal facility and perform post-closure care of each facility for which this bond guarantees proper operation, closure and post-closure, in accordance with the closure/post-closure care plan and other requirements of the permit, as such plan and permit may be amended, and pursuant to all applicable laws, statutes, rules, and regulation, as such laws, statutes, rules, and regulations may be amended, the liability of the Principal assumed in the provisioning of this bond shall be discharged. The securities supporting the same and any interest from the securities shall be returned to the Principal upon demand.
Upon notification by the Commissioner that the Principal has been found in violation of his permit, the Act, or rules promulgated pursuant thereto, the Principal shall, as directed by the Commissioner, operate the facility, perform closure/post-closure in accordance with the closure/post-closure care plan and other permit requirements, or forfeit all or a portion of the penal sum of this bond to the Department.
The Principal hereby waive(s) notification of amendments to closure/post-closure care plans, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Principal shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond.
Initial amount of Security(ies) being assigned to the certification of which is being deposited with the Department
$ __________________________.
The Principal has this day assigned in blank, and deposited with the Department, (list the type of security)
__________________________________
The Department is hereby authorized to sell, at public or private sale, said security(ies) if the Principal fails to perform any condition of this bond. The proceeds of any such sale are hereby forfeited to the Department.
The Principal hereto attaches the appropriate demonstration of investment analysis proving that the initial amount of the Security(ies) (as listed in the previous paragraph) $ _________________ will with accrued interest equal or exceed the total penal sum of this bond at the predetermined time of closure of the facility and will provide annual amounts, as accrued, equivalent to the cost of post-closure care annually and summarily for the duration of the post-closure care. The Principal further agrees that at such time as the rate of inflation as published by the United States Department of Commerce exceeds the index on which the investment analysis is herein calculated, that the Principal shall review, along with the Department, whether the amount of the Security(ies) herewith along deposited with the Department along with accrued interest, will at least equal the total amount of the penal sum of the bond, as calculated with the increased rate of inflation. At such time, if it occurs, that the initial amount of the Security(ies) must be increased due to an increased rate of inflation, as published by the U.S. Department of Commerce, the Principal shall so adjust, shall be performed within 60 days of the said publishing of such increase in the national rate of inflation.
IN WITNESS WHEREOF, the Principal has executed this PERFORMANCE BOND and has affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this personal bond on behalf of the Principal and that the wording of this personal bond is consistent with Tennessee Rule 0400-11-01-.03(3) as such regulation was constituted on the date this bond was executed.
(Signature(s))_________________________________________________________________
Principal (Name(s)) ____________________________________________________________
(Title(s))_____________________________________________________________________
(Corporate seal)
* * * * * * * * * * * *
* Note: Copies of the three financial instrument forms listed above may be obtained by calling the Financial Assurance Office of the Division of Solid Waste Management at 615-532-0780 or writing to:
Attn: Financial Assurance Office
Tennessee Department of Environment & Conservation
Division of Solid Waste Management
L & C Tower, 5th Floor
401 Church Street
Nashville, TN 37243-1535
* * * * * * * * * * * *
The regulations in this paragraph apply to owners and operators of all hazardous waste facilities that store hazardous waste in containers, except as subparagraph (1)(b) of this rule provides otherwise.
(Comment: Under subparagraph (1)(g) and part (4)(d)3 of Rule 0400-12-01-.02, if a hazardous waste is emptied from a container, then the residue remaining in the container is not considered a hazardous waste if the container is "empty" as defined in subparagraph (1)(g) of Rule 0400-12-01-.02. In that event, management of the container is exempt from the requirements of this paragraph.)
If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this rule.
The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.
A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.
A container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.
(Comment: Reuse of containers in transportation is governed by U.S. Department of Transportation regulations including those set forth in 49 CFR 173.28.)
At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. See part (2)(f)3 of this rule and subparagraph (b) of this paragraph for remedial action required if deterioration or leaks are detected.
(Comment: If the collected material is a hazardous waste under Rule 0 40012-01-.02, it must be managed as a hazardous waste in accordance with all applicable requirements of Rules 0400-12-01-.03 through .07 and .09. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of section 402 of the Clean Water Act, as amended.)
(Comment: See part (2)(h)1 of this rule for additional requirements.)
(Comment: As required by subparagraph (2)(d) of this rule, the waste analysis plan must include analyses needed to comply with this subparagraph. Also, part (2)(h)3 of this rule requires wastes analyses, trial tests or other documentation to assure compliance with part (2)(h)2 of this rule. As required by subparagraph (5)(d) of this rule, the owner or operator must place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.)
(Comment: The purpose of this part is to prevent fires, explosions, gaseous emission, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.)
At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed.
(Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate in accordance with Rule 0400-12-01-.02(1)(c) 4 that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Rule 0400-12-01-.03 through .07 and .09.)
(Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.)
(Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) -Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable, as guidelines in providing corrosion protection for tank systems.)
All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
(Note: The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), "Installation of Underground Petroleum Storage Systems," or ANSI Standard B31.3, "Petroleum Refinery Piping," and ANSI Standard B31.4 "Liquid Petroleum Transportation Piping System," may be used, where applicable, as guidelines for proper installation of piping systems.)
(Note: If the collected material is a hazardous waste under Rule 0400-1201-.02, it is subject to management as a hazardous waste in accordance with all applicable requirements of Rules 0400-12-01-.03 through .06. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged to a Publicly Owned Treatment Works (POTW), it is subject to the requirements of section 307 of the Clean Water Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR part 302.)
(Note: The provisions outlined in the Steel Tank Institute's (STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as guidelines for aspects of the design of underground steel double-walled tanks.)
(Note: The practices described in the American Petroleum Institute (API) Publication Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines for assessing the overall condition of the tank system.)
(Note: Part (2)(f)3 of this rule requires the owner or operator to remedy any deterioration or malfunction he finds. Subparagraph (g) of this paragraph requires the owner or operator to notify the Commissioner within 24 hours of confirming a leak. Also, Federal 40 CFR part 302 may require the owner or operator to notify the National Response Center of a release and Section 304 of Title III of the Superfund Amendments and Reauthorization Act of 1986 may require notification of the Tennessee Emergency Management Agency.)
(Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) -- Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used, where applicable, as guidelines in maintaining and inspecting cathodic protection systems.)
A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator must satisfy the following requirements:
The owner or operator must immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
The owner/operator must immediately conduct a visual inspection of the release and, based upon that inspection:
If the owner/operator has repaired a tank system in accordance with part 5 of this subparagraph, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system must not be returned to service unless the owner/operator has obtained a certification by a qualified Professional Engineer in accordance with Rule 0400-12-01-.07(2)(a) 10 that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification must be placed in the operating record and maintained until closure of the facility.
(Note: The Commissioner may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under T.C.A. § 68-212-111 requiring corrective action or such other response as deemed necessary to protect human health or the environment.)
(Note: See part (2)(f)3 of this rule for the requirements necessary to remedy a failure. Also, Federal 40 CFR part 302 may require the owner or operator to notify the National Response Center of certain releases and Section 304 of Title III of the Superfund Amendments and Reauthorization Act of 1986 may require notification of the Tennessee Emergency Management Agency.)
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of paragraphs (30), (31), and (32) of this rule.
The regulations in this paragraph apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste except as subparagraphs (1)(b) and (1)(d) of this rule provide otherwise.
Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of Rule 0400-12-01-.10, and:
Incompatible wastes, or incompatible wastes and materials, (see Appendix V in paragraph (57) of this rule for examples) must not be placed in the same surface impoundment, unless part (2)(h)2 of this rule is complied with.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of paragraphs (31) and (32) of this rule.
Ignitable or reactive waste must not be place in a waste pile unless the waste and waste pile satisfy all applicable requirements of Rule 0400-12-01-.10, and:
The regulations in this subpart apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as subparagraphs (1)(b) and (1)(d) of this rule provide otherwise.
The Commissioner will specify in the facility permit how the owner or operator will design, construct, operate, and maintain the land treatment unit in compliance with this subparagraph.
The Commissioner may allow the growth of food-chain crops in or on the treatment zone only if the owner or operator satisfies the conditions of this subparagraph. The Commissioner will specify in the facility permit the specific food-chain crops which may be grown.
Time period | Annual Cd application rate (kilograms per hectare) |
Present to June 30, 1984 | 2.0 |
July 1, 1984 to December 31, 1986 | 1.25 |
Beginning January 1, 1987 | 0.5 |
An owner or operator subject to this paragraph must establish an unsaturated zone monitoring program to discharge the following responsibilities:
The owner or operator must include hazardous waste application dates and rates in the operating record required under subparagraph (5)(d) of this rule.
The owner or operator must not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of Rule 0400-12-01-.10, and:
The regulations in this paragraph apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as subparagraphs (1)(b) and (1)(d) of this rule provide otherwise.
The owner or operator of a landfill must maintain the following items in the operating record required under subparagraph (5)(d) of this rule:
Incompatible wastes, or incompatible wastes and materials, (see Appendix V of paragraph (57) of this rule for examples) must not be placed in the same landfill cell, unless part (2)(h)2 of this rule is complied with.
(Note: Implementation of this provision between May 8, 1985 and February 2, 1986 remains with EPA.)
Unless they are very small, such as an ampule, containers must be either:
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met:
An incinerator burning hazardous waste must be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under subparagraph (f) of this paragraph, it will meet the following performance standards:
where:
Win = mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator
and
Wout = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere.
Where Pc is the corrected concentration of particulate matter, Pm is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas, presented in 40 CFR 60, Appendix A (Method 3). This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these facilities, the Commissioner will select an appropriate correction procedure, to be specified in the facility permit.
At closure the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator site.
(Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with Rule 0400-12-01-.02(1)(c) 4, that the residue removed from the incinerator is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with applicable requirements of Rules 0400-12-01-.03 through .07 and .09.)
The regulations of Rule 0400-12-01-.05(16)(d), (f), (h), (l), and (m) apply to owners and operators of facilities that thermally treat hazardous waste in devices other than incinerators, except as subparagraph (1)(b) of this rule provides otherwise. Thermal treatment in incinerators is subject to the requirements of paragraph (15) of this rule.
The regulations of Rule 0400-12-01-.05(17)(b), (c), (d), (e), (f), and (g) apply to owners and operators of facilities which treat hazardous waste by chemical, physical, or biological methods in other than tanks, surface impoundments, and land treatment facilities, except as subparagraph (1)(b) of this rule provides otherwise. Chemical, physical, and biological treatment of hazardous waste in tanks, surface impoundments, and land treatment facilities must be conducted in accordance with paragraphs (10), (11), and (13) of this rule, respectively.
Except as subparagraph (1)(b) of this rule provides otherwise:
The Commissioner may approve alternate requirements if:
Unless the wastes will be placed in a CAMU for storage and/or treatment only in accordance with part 6 of this subparagraph, CAMU-eligible wastes that, absent this subparagraph, would be subject to the treatment requirements of Rule 0400-12-01-.10, and that the Commissioner determines contain principal hazardous constituents must be treated to the standards specified in item (III) of this subpart.
For metal bearing wastes for which metals removal treatment is not used, the Commissioner may specify a leaching test other than the TCLP (SW846 Method 1311, reference (c)(3)(v) as contained in the note to part (2)(b)1 of Rule 0400-12-01.01) to measure treatment effectiveness, provided the Commissioner determines that an alternative leach testing protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect leaching.
The Commissioner may adjust the treatment level or method in item (IV) of this subpart to a higher or lower level, based on one or more of the following factors, as appropriate. The adjusted level or method must be protective of human health and the environment:
(Note: This subparagraph is written in a special format to make it easier to understand the regulatory requirements. Like other Department regulations, this establishes enforceable legal requirements. For this "I" and "you" refer to the owner/operator.)
Owners and operators of new drip pads must ensure that the pads are designed, installed, and operated in accordance with one of the following:
(Note: The Commissioner will generally consider applicable standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) or the American Society of Testing and Materials (ASTM) in judging the structural integrity requirement of this subparagraph.)
(Note: See part 13 of this subparagraph for remedial action required if deterioration or leakage is detected.)
(Note: See part (d)13 of this paragraph for remedial action required if deterioration or leakage is detected.)
The requirements in this paragraph apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as paragraph (1) of this rule provides otherwise.
A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or hazardous constituents from the unit. Permit terms and provisions must include those requirements of paragraphs (9) through (15), (30), (31), and (32) of this rule, Rule 0400-12-01-.07, 40 CFR 63 Subpart EEE, and 40 CFR 146 that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to:
Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies must ensure compliance with subparagraph (b) of this paragraph, and subparagraphs (2)(f), (3)(d), (5)(f) and (g) and (h), and (6)(l) of this rule as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.
A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with subparagraph (b) of this paragraph during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit must also meet the requirements of subparagraph (b) of this paragraph during post-closure care. The post-closure plan under subparagraph (7)(i) of this rule must specify the procedures that will be used to satisfy this requirement.
(Note: The requirements of subparagraphs (c) through (g) of this paragraph apply to process vents on hazardous waste recycling units previously exempt under Rule 0400-12-01-.02(1)(f) 3(i). Other exemptions under Rules 0400-12-01-.02(1)(d), .03(4)(e), and .06(1)(b)7 are not affected by these requirements.)
As used in this paragraph, all terms not defined herein shall have the meaning given them in Tennessee Code Annotated §§ 68-212-101 et seq. and Rules 0400-12-01-.01 through .06 and .09.
"Air stripping operation" is a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid.
"Bottoms receiver" means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase.
"Closed-vent system" means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.
"Condenser" means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.
"Connector" means flanged, screwed, welded, or other joined fittings used to connect two pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, connector means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings.
"Continuous recorder" means a data-recording device recording an instantaneous data value at least once every 15 minutes.
"Control device" means an enclosed combustion device, vapor recovery system, or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device.
"Control device shutdown" means the cessation of operation of a control device for any purpose.
"Distillate receiver" means a container or tank used to receive and collect liquid material (condensed) from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.
"Distillation operation" means an operation, either batch or continuous, separating one or more feed stream(s) into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit.
"Double block and bleed system" means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.
"Equipment" means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by this subpart.
"Flame zone" means the portion of the combustion chamber in a boiler occupied by the flame envelope.
"Flow indicator" means a device that indicates whether gas flow is present in a vent stream.
"First attempt at repair" means to take rapid action for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices.
"Fractionation operation" means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.
"Hazardous waste management unit shutdown" means a work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit for less than 24 hours is not a hazardous waste management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous waste management unit shutdowns.
"Hot well" means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.
"In gas/vapor service" means that the piece of equipment contains or contacts a hazardous waste stream that is in the gaseous state at operating conditions.
"In heavy liquid service" means that the piece of equipment is not in gas/vapor service or in light liquid service.
"In light liquid service" means that the piece of equipment contains or contacts a waste stream where the vapor pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals (kPa) at 20 °C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kPa at 20 °C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.
"In situ sampling systems" means nonextractive samplers or in-line samplers.
"In vacuum service" means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.
"Malfunction" means any sudden failure of a control device or a hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased.
"Open-ended valve or line" means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous waste and one side open to the atmosphere, either directly or through open piping.
"Pressure release" means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.
"Process heater" means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.
"Process vent" means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations.
"Repaired" means that equipment is adjusted, or otherwise altered, to eliminate a leak.
"Sampling connection system" means an assembly of equipment within a process or waste management unit used during periods of representative operation to take samples of the process or waste fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.
"Sensor" means a device that measures a physical quantity or the change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.
"Separator tank" means a device used for separation of two immiscible liquids.
"Solvent extraction operation" means an operation or method of separation in which a solid or solution is contacted with a liquid solvent (the two being mutually insoluble) to preferentially dissolve and transfer one or more components into the solvent.
"Startup" means the setting in operation of a hazardous waste management unit or control device for any purpose.
"Steam stripping operation" means a distillation operation in which vaporization of the volatile constituents of a liquid mixture takes place by the introduction of steam directly into the charge.
"Surge control tank" means a large-sized pipe or storage reservoir sufficient to contain the surging liquid discharge of the process tank to which it is connected.
"Thin-film evaporation operation" means a distillation operation that employs a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall.
"Vapor incinerator" means any enclosed combustion device that is used for destroying organic compounds and does not extract energy in the form of steam or process heat.
"Vented" means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by mechanical means such as compressors or vacuum-producing systems or by process-related means such as evaporation produced by heating and not caused by tank loading and unloading (working losses) or by natural means such as diurnal temperature changes.
where:
HT = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 °C;
K = Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C;
Ci = Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (See Rule 0400-12-01-.01(2)(b)); and
Hi = Net heat of combustion of sample component i, kcal/9 mol at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (See Rule 0400-12-01-.01(2)(b)) if published values are not available or cannot be calculated.
where:
28.8 = Constant,
31.7 = Constant,
Ht = The net heating value as determined in subpart (ii) of this part.
where:
8.706 = Constant,
0.7084 = Constant,
HT = The net heating value as determined in subpart 5(ii) of this subparagraph.
where:
Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm.
Where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from ppm.
where:
EA = Total organic mass emission rate, kg/y;
Eh = Total organic mass flow rate for the process vent, kg/h;
H = Total annual hours of operations for the affected unit, h.
(Note: The requirements of subparagraphs (c) through (p) of this paragraph apply to equipment associated with hazardous waste recycling units previously exempt under Rule 0400-12-01-.02(1)(f) 3(i). Other exemptions under Rules 0400-12-01-.02(1)(d), and .06(1)(b)7 are not affected by these requirements.)
As used in this paragraph, all terms shall have the meaning given them in Rule 0400-12-01-.06(30)(b), Tennessee Code Annotated §§ 68-212-101 et seq. and Rules 0 40012-01-.01 through .06 and .09.
As used in this paragraph, all terms shall have the meaning given to them in Rule 0400-12-01-.05(29)(b), the Act, and Rule 0400-12-01-.01 through .06 and .09.
The written report shall include the Installation Identification Number, facility name and address, and an explanation why the control device could not be returned to compliance within 24 hours, and actions taken to correct the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
The requirements of this paragraph apply to owners or operators who store or treat hazardous waste in units designed and operated under subparagraph (b) of this paragraph. The owner or operator is not subject to the definition of land disposal in Rule 0400-12-01-.01(2)(a) provided that the unit:
The requirements of this paragraph apply to owners or operators who store munitions and explosive hazardous wastes, except as subparagraph (1)(b) of this rule provides otherwise.
(NOTE: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in other types of storage units, including containment buildings (paragraph (33) of this rule), tanks (paragraph (10) of this rule), or containers (paragraph (9) of this rule); see Rule 0400-12-01-.09(13)(f) for storage of waste military munitions.)
The recordkeeping provisions of subparagraph (5)(d) of this rule specify that an owner or operator must keep a written operating record at his facility. This appendix provides additional instructions for keeping portions of the operating record. See part (5)(d)2 of this rule for additional recordkeeping requirements.
The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner:
Records of each hazardous waste received, treated, stored, or disposed of at the facility, which include the following:
Each hazardous waste listed in paragraph (4) of Rule 0400-12-01-.02, and each hazardous waste characteristic defined in paragraph (3) of Rule 0400-12-01-.02, has a four-digit Hazardous Waste Code assigned to it. This number must be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description must include all applicable Hazardous Waste Codes.
Table 1 | |
Unit of Measure | Code1 |
Gallons | G |
Gallons per Hour | E |
Gallons per Day | U |
Liters | L |
Liters per Hour | H |
Liters per Day | V |
Tons | M |
Short Tons | T |
Short Tons per Hour | D |
Metric Tons per Hour | W |
Short Tons per Day | N |
Metric Tons per Day | S |
Pounds | P |
Pounds per Hour | J |
Kilograms | K |
Kilograms per Hour | R |
Cubic Yards | Y |
Cubic Meters | C |
Acres | B |
Acre-feet | A |
Hectares | Q |
Hectare-meter | F |
Btu's per Hour | I |
FOOTNOTE: 1Single digit symbols are used here for data processing purposes.
Table 2.-Handling Codes for Treatment, Storage and Disposal Methods
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store or dispose of each quantity of hazardous waste received.
S01 Container (barrel, drum, etc.)
S02 Tank
S03 Waste Pile
S04 Surface Impoundment
S05 Drip Pad
S06 Containment Building (Storage)
S99 Other Storage (specify)
T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator
T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet Air oxidation
T14 Calcination
T15 Microwave discharge
T18 Other (specify)
T19 Absorption mound
T20 Absorption field
T21 Chemical fixation
T22 Chemical oxidation
T23 Chemical precipitation
T24 Chemical reduction
T25 Chlorination
T26 Chlorinolysis
T27 Cyanide destruction
T28 Degradation
T29 Detoxification
T30 Ion exchange
T31 Neutralization
T32 Ozonation
T33 Photolysis
T34 Other (specify)
T35 Centrifugation
T36 Clarification
T37 Coagulation
T38 Decanting
T39 Encapsulation
T40 Filtration
T41 Flocculation
T42 Flotation
T43 Foaming
T44 Sedimentation
T45 Thickening
T46 Ultrafiltration
T47 Other (specify)
T48 Absorption-molecular sieve
T49 Activated carbon
T50 Blending
T51 Catalysis
T52 Crystallization
T53 Dialysis
T54 Distillation
T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
T62 Reverse osmosis
T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)
T67 Activated Sludge
T68 Aerobic lagoon
T69 Aerobic tank
T70 Anaerobic tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78 [Reserved]
T79 [Reserved]
T80 Boiler
T81 Cement Kiln
T82 Lime Kiln
T83 Aggregate Kiln
T84 Phosphate Kiln
T85 Coke Oven
T86 Blast Furnace
T87 Smelting, Melting, or Refining Furnace
T88 Titanium Dioxide Chloride Process Oxidation Reactor
T89 Methane Reforming Furnace
T90 Pulping Liquor Recovery Furnace
T91 Combustion Device Used in the Recovery of Sulfur Values From Spent Sulfuric Acid
T92 Halogen Acid Furnaces
T93 Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)
T94 Containment Building (Treatment)
D79 Underground Injection
D80 Landfill
D81 Land Treatment
D82 Ocean Disposal
D83 Surface Impoundment (to be closed as a landfill)
D99 Other Disposal (specify)
X01 Open Burning/Open Detonation
X02 Mechanical Processing
X03 Thermal Unit
X04 Geologic Repository
X99 Other Subpart X (specify)
Using all the available background data (nb readings), calculate the background mean (Xb) and background variance (sb2). For the single monitoring well under investigation (nm reading), calculate the monitoring mean (Xm) and monitoring variance (sm2).
For any set of data (X1, X2, . . ., Xn,) the mean is calculated by:
and the variance is calculated by:
where "n" denotes the number of observations in the set of data.
The t-test uses these data summary measures to calculate a t-statistic (t*) and a comparison t-statistic (tc). The t* value is compared to the tc value and a conclusion reached as to whether there has been a statistically significant change in any indicator parameter.
The t-statistic for all parameters except pH and similar monitoring parameters is:
If the value of this t-statistic is negative then there is no significant difference between the monitoring data and background data. It should be noted that significantly small negative values may be indicative of a failure of the assumption made for test validity or errors have been made in collecting the background data.
The t-statistic (tc), against which t* will be compared, necessitates finding tb and tm from standard (one-tailed) tables where,
tb = t-tables with (nb-1) degrees of freedom, at the 0.05 level of significance.
tm = t-tables with (nm-1) degrees of freedom, at the 0.05 level of significance.
Finally, the special weightings Wb and Wm are defined as:
and so the comparison t-statistic is:
The t-statistic (t*) is now compared with the comparison t-statistic (tc) using the following decision-rule:
If t* is equal to or larger than tc, then conclude that there most likely has been a significant increase in this specific parameter.
If t* is less than tc, then conclude that most likely there has not been a change in this specific parameter.
The t-statistic for testing pH and similar monitoring parameters is constructed in the same manner as previously described except the negative sign (if any) is discarded and the caveat concerning the negative value is ignored. The standard (two-tailed) tables are used in the construction tc for pH and similar monitoring parameters.
If t* is equal to or larger than tc, then conclude that there most likely has been a significant increase (if the initial t* had been negative, this would imply a significant decrease). If t* is less than tc, then conclude that there most likely has been no change.
A further discussion of the test may be found in Statistical Methods (6th Edition, Section 4.14) by G. W. Snedecor and W. G. Cochran, or Principles and Procedures of Statistics (1st Edition, Section 5.8) by R. G. D. Steel and J. H. Torrie.
Standard t-Tables 0.05 Level of Significance | ||
Degrees of freedom | t-values (one-tail) | t-values (two-tail) |
1 | 6.314 | 12.706 |
2 | 2.920 | 4.303 |
3 | 2.353 | 3.182 |
4 | 2.132 | 2.776 |
5 | 2.015 | 2.571 |
6 | 1.943 | 2.447 |
7 | 1.895 | 2.365 |
8 | 1.860 | 2.306 |
9 | 1.833 | 2.262 |
10 | 1.812 | 2.228 |
11 | 1.796 | 2.201 |
12 | 1.782 | 2.179 |
13 | 1.771 | 2.160 |
14 | 1.761 | 2.145 |
15 | 1.753 | 2.131 |
16 | 1.746 | 2.120 |
17 | 1.740 | 2.110 |
18 | 1.734 | 2.101 |
19 | 1.729 | 2.093 |
20 | 1.725 | 2.086 |
21 | 1.721 | 2.080 |
22 | 1.717 | 2.074 |
23 | 1.714 | 2.069 |
24 | 1.711 | 2.064 |
25 | 1.708 | 2.060 |
30 | 1.697 | 2.042 |
40 | 1.684 | 2.021 |
Footnote: Adopted from Table III of "Statistical Tables for Biological, Agricultural, and Medical Research" (1947, R. A. Fisher and F. Yates).
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components.
This list is not intended to be exhaustive. An owner or operator must, as the regulations require, adequately analyze his wastes so that he can avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted.
Group 1-A
Acetylene sludge
Alkaline caustic liquids
Alkaline cleaner
Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive alkalies
Lime wastewater
Lime and water
Spent caustic
Group 1-B
Acid sludge
Acid and water
Battery acid
Chemical cleaners
Electrolyte, acid
Etching acid liquid or solvent
Pickling liquor and other corrosive acids
Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation; violent reaction.
* * * * * * * * * *
Group 2-A
Aluminum
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
Group 2-B
Any waste in Group 1-A or 1-B
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
* * * * * * * * * *
Group 3-A
Alcohols
Water
Group 3-B
Any concentrated waste in Groups 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
SO2Cl2, SOCl2, PCl3, CH3SiCl3
Other water-reactive waste
Potential consequences: Fire, explosion, or heat generation; generation of flammable or toxic gases.
* * * * * * * * * *
Group 4-A
Alcohols
Aldehydes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents
Group 4-B
Concentrated Group 1-A or 1-B wastes
Group 2-A wastes
Potential consequences: Fire, explosion, or violent reaction.
Group 5-A
Spent cyanide and sulfide solutions
Group 5-B
Group 1-B wastes
Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.
* * * * * * * * * *
Group 6-A
Chlorates
Chlorine
Chlorites
Chromic acid
Hypochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
Group 6-B
Acetic acid and other organic acids
Concentrated mineral acids
Group 2-A wastes
Group 4-A wastes
Other flammable and combustible wastes
Potential consequences: Fire, explosion, or violent reaction.
Source: "Law, Regulations, and Guidelines for Handling of Hazardous Waste." California Department of Health, February 1975.
* * * * * * * * * *
Common Name1 | CAS RN2 | Chemical Abstracts Service Index Name3 |
Acenaphthene | 83-32-9 | Acenaphthylene, 1,2-dihydro- |
Acenaphthylene | 208-96-8 | Acenaphthylene |
Acetone | 67-64-1 | 2-Propanone |
Acetophenone | 98-86-2 | Ethanone, 1-phenyl- |
Acetonitrile; Methyl cyanide | 75-05-8 | Acetonitrile |
2-Acetylaminofluorene; 2-AAF | 53-96-3 | Acetamide, N-9H-fluoren-2-yl- |
Acrolein | 107-02-8 | 2-Propenal |
Acrylonitrile | 107-13-1 | 2-Propenenitrile |
Aldrin | 309-00-2 | 1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro- 1,4,4a,5,8,8a- hexahydro- (1[ALPHA],4[ALPHA],4aß,5[ALPHA], 8[ALPHA],8aß)- |
Allyl chloride | 107-05-1 | 1-Propene, 3-chloro- |
4-Aminobiphenyl | 92-67-1 | [1,1'-Biphenyl]-4-amine |
Aniline | 62-53-3 | Benzenamine |
Anthracene | 120-12-7 | Anthracene |
Antimony | (Total) | Antimony |
Aramite | 140-57-8 | Sulfurous acid, 2-chloroethyl 2-[4-(1,1-dimethylethyl)phenoxy]-1-methylethyl ester |
Arsenic | (Total) | Arsenic |
Barium | (Total) | Barium |
Benzene | 71-43-2 | Benzene |
Benzo[a]anthracene; Benzanthracene | 56-55-3 | Benz[a]anthracene |
Benzo[b]fluoranthene | 205-99-2 | Benz[e]acephenanthrylene |
Benzo[k]fluoranthene | 207-08-9 | Benzo[k]fluoranthene |
Benzo[ghi]perylene | 191-24-2 | Benzo[ghi]perylene |
Benzo[a]pyrene | 50-32-8 | Benzo[a]pyrene |
Benzyl alcohol | 100-51-6 | Benzenemethanol |
Beryllium | (Total) | Beryllium |
alpha-BHC | 319-84-6 | Cyclohexane, 1,2,3,4,5,6-hexachloro- (1[ALPHA],-2[ALPHA],3ß,4ß,5ß,6ß)- |
beta-BHC | 319-85-7 | Cyclohexane, 1,2,3,4,5,6-hexachloro- (1[ALPHA],2ß,3[ALPHA],4ß,5[ALPHA],6ß)- |
delta-BHC | 319-86-8 | Cyclohexane, 1,2,3,4,5,6-hexachloro- (1[ALPHA],2[ALPHA], 3[ALPHA],4ß,5[ALPHA],6ß)- |
gamma-BHC; Lindane | 58-89-9 | Cyclohexane, 1,2,3,4,5,6-hexachloro- (1[ALPHA],2[ALPHA],3ß,4[ALPHA],5[ALPHA],6ß)- |
Bis(2-chloroethoxy)methane | 111-91-1 | Ethane, 1,1'-[methylenebis (oxy)]bis[2- chloro- |
Bis(2-chloroethyl)ether | 111-44-4 | Ethane, 1,1'-oxybis[2-chloro- |
Bis(2-chloro-1-methylethyl) ether; 2,2'-Di-chlorodiisopropyl ether | 108-60-1 | Propane, 2,2'-oxybis[1-chloro- |
Bis(2-ethylhexyl) phthalate | 117-81-7 | 1,2-Benzenedicarboxylic acid, bis(2- ethylhexyl)ester |
Bromodichloromethane | 75-27-4 | Methane, bromodichloro- |
Bromoform; Tribromomethane | 75-25-2 | Methane, tribromo- |
4-Bromophenyl phenyl ether | 101-55-3 | Benzene, 1-bromo-4-phenoxy- |
Butyl benzyl phthalate; Benzyl butyl phthalate | 85-68-7 | 1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester |
Cadmium | (Total) | Cadmium |
Carbon disulfide | 75-15-0 | Carbon disulfide |
Carbon tetrachloride | 56-23-5 | Methane, tetrachloro- |
Chlordane | 57-74-9 | 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro- |
p-Chloroaniline | 106-47-8 | Benzenamine, 4-chloro- |
Chlorobenzene | 108-90-7 | Benzene, chloro- |
Chlorobenzilate | 510-15-6 | Benzeneacetic acid, 4-chloro-[ALPHA]-(4- chlorophenyl)-a-hydroxy-, ethyl ester |
p-Chloro-m-cresol | 59-50-7 | Phenol, 4-chloro-3-methyl- |
Chloroethane; Ethyl chloride | 75-00-3 | Ethane, chloro- |
Chloroform | 67-66-3 | Methane, trichloro- |
2-Chloronaphthalene | 91-58-7 | Naphthalene, 2-chloro- |
2-Chlorophenol | 95-57-8 | Phenol, 2-chloro- |
4-Chlorophenyl phenyl ether | 7005-72-3 | Benzene, 1-chloro-4-phenoxy- |
Chloroprene | 126-99-8 | 1,3-Butadiene, 2-chloro- |
Chromium | (Total) | Chromium |
Chrysene | 218-01-9 | Chrysene |
Cobalt | (Total) | Cobalt |
Copper | (Total) | Copper |
m-Cresol | 108-39-4 | Phenol, 3-methyl- |
o-Cresol | 95-48-7 | Phenol, 2-methyl- |
p-Cresol | 106-44-5 | Phenol, 4-methyl- |
Cyanide | 57-12-5 | Cyanide |
2,4-D; 2,4-Dichlorophenoxyacetic acid | 94-75-7 | Acetic acid, (2,4-dichlorophenoxy)- |
4,4'-DDD | 72-54-8 | Benzene 1,1'-(2,2- dichloroethylidene)bis[4-chloro- |
4,4'-DDE | 72-55-9 | Benzene, 1,1'- (dichloroethenylidene)bis[4-chloro- |
4,4'-DDT | 50-29-3 | Benzene, 1,1'-(2,2,2- trichloroethylidene)bis[4-chloro- |
Diallate | 2303-16-4 | Carbamothioic acid, bis(1-methylethyl)-, S- (2,3-dichloro-2-propenyl) ester |
Dibenz[a,h]anthracene | 53-70-3 | Dibenz[a,h]anthracene |
Dibenzofuran | 132-64-9 | Dibenzofuran |
Dibromochloromethane; Chlorodibromomethane | 124-48-1 | Methane, dibromochloro- |
1,2-Dibromo-3-chloropropane; DBCP | 96-12-8 | Propane, 1,2-dibromo-3-chloro- |
1,2-Dibromoethane; Ethylene dibromide | 106-93-4 | Ethane, 1,2-dibromo- |
Di-n-butyl phthalate | 84-74-2 | 1,2-Benzenedicarboxylic acid, dibutyl ester |
o-Dichlorobenzene | 95-50-1 | Benzene, 1,2-dichloro- |
m-Dichlorobenzene | 541-73-1 | Benzene, 1,3-dichloro- |
p-Dichlorobenzene | 106-46-7 | Benzene, 1,4-dichloro- |
3,3'-Dichlorobenzidine | 91-94-1 | [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- |
trans-1,4-Dichloro-2-butene | 110-57-6 | 2-Butene, 1,4-dichloro-, (E)- |
Dichlorodifluoromethane | 75-71-8 | Methane, dichlorodifluoro- |
1,1-Dichloroethane | 75-34-3 | Ethane, 1,1-dichloro- |
1,2-Dichloroethane; Ethylene dichloride | 107-06-2 | Ethane, 1,2-dichloro- |
1,1-Dichloroethylene; Vinylidene chloride | 75-35-4 | Ethene, 1,1-dichloro- |
trans-1,2-Dichloroethylene | 156-60-5 | Ethene, 1,2-dichloro-, (E)- |
2,4-Dichlorophenol | 120-83-2 | Phenol, 2,4-dichloro- |
2,6-Dichlorophenol | 87-65-0 | Phenol, 2,6-dichloro- |
1,2-Dichloropropane | 78-87-5 | Propane, 1,2-dichloro- |
cis-1,3-Dichloropropene | 10061-01-5 | 1-Propene, 1,3-dichloro-, (Z)- |
trans-1,3-Dichloropropene | 10061-02-6 | 1-Propene, 1,3-dichloro-, (E)- |
Dieldrin | 60-57-1 | 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-, (1a[ALPHA],2ß,2a[ALPHA],3ß,6ß,6a[ALPHA],7ß,7a[ALPHA])- |
Diethyl phthalate | 84-66-2 | 1,2-Benzenedicarboxylic acid, diethyl ester |
O,O-Diethyl O-2-pyrazinyl phosphoro- thioate; Thionazin | 297-97-2 | Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester |
Dimethoate | 60-51-5 | Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester |
p-(Dimethylamino)azo-benzene | 60-11-7 | Benzenamine, N,N-dimethyl-4- (phenylazo)- |
7,12-Dimethylbenz[a]anthracene | 57-97-6 | Benz[a]anthracene, 7,12-dimethyl- |
3,3'Dimethylbenzidine | 119-93-7 | [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- |
alpha, alpha-Dimethylphenethylamine | 122-09-8 | Benzeneethanamine, a,a-dimethyl- |
2,4-Dimethylphenol | 105-67-9 | Phenol, 2,4-dimethyl- |
Dimethyl phthalate | 131-11-3 | 1,2-Benzenedicarboxylic acid, dimethyl ester |
m-Dinitrobenzene | 99-65-0 | Benzene, 1,3-dinitro- |
4,6-Dinitro-o-cresol | 534-52-1 | Phenol, 2-methyl-4,6-dinitro- |
2,4-Dinitrophenol | 51-28-5 | Phenol, 2,4-dinitro- |
2,4-Dinitrotoluene | 121-14-2 | Benzene, 1-methyl-2,4-dinitro- |
2,6-Dinitrotoluene | 606-20-2 | Benzene, 2-methyl-1,3-dinitro- |
Dinoseb; DNBP; 2-sec-Butyl-4,6- dinitrophenol | 88-85-7 | Phenol, 2-(1-methylpropyl)-4,6-dinitro- |
Di-n-octyl phthalate | 117-84-0 | 1,2-Benzenedicarboxylic acid, dioctyl ester |
1,4-Dioxane | 123-91-1 | 1,4-Dioxane |
Diphenylamine | 122-39-4 | Benzenamine, N-phenyl- |
Disulfoton | 298-04-4 | Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl]ester |
Endosulfan I | 959-98-8 | 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a- hexahydro-, 3-oxide, (3[ALPHA],5 [ALPHA]ß,6[ALPHA],9[ALPHA],9aß)- |
Endosulfan II | 33213-65-9 | 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a- hexahydro-, 3-oxide, (3[ALPHA],5a[ALPHA],6ß,9ß,9a[ALPHA])- |
Endosulfan sulfate | 1031-07-8 | 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 | 72-20-8 | 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-, (1a[ALPHA], 2ß,2aß,3[ALPHA],6[ALPHA], 6aß,7ß,7a[ALPHA])- |
Endrin aldehyde | 7421-93-4 | 1,2,4-Methenocyclopenta[cd]pentalene-5-carboxaldehyde, 2,2a,3,3,4,7- hexachlorodecahydro-, (1[ALPHA],2ß,2aß,4ß,4aß,-5ß,6aß,6bß,7R*)- |
Ethylbenzene | 100-41-4 | Benzene, ethyl- |
Ethyl methacrylate | 97-63-2 | 2-Propenoic acid, 2-methyl-, ethyl ester |
Ethyl methanesulfonate | 62-50-0 | Methanesulfonic acid, ethyl ester |
Famphur | 52-85-7 | Phosphorothioic acid, O-[4- [(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester |
Fluoranthene | 206-44-0 | Fluoranthene |
Fluorene | 86-73-7 | 9H-Fluorene |
Heptachlor | 76-44-8 | 4,7-Methano-1H-indene, 1,4,5,6,7,8,8- heptachloro-3a,4,7,7a-tetrahydro- |
Heptachlor epoxide | 1024-57-3 | 2,5-Methano-2H-indeno[1,2-b]oxirene, 2,3,4,5,6,7,7-heptachloro- 1a,1b,5,5a,6,6a,-hexahydro-,(1a[ALPHA],1bß, 2[ALPHA],5[ALPHA],5aß,6ß,6a[ALPHA]) |
Hexachlorobenzene | 118-74-1 | Benzene, hexachloro- |
Hexachlorobutadiene | 87-68-3 | 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- |
Hexachlorocyclopentadiene | 77-47-4 | 1,3-Cyclopentadiene, 1,2,3,4,5,5- hexachloro- |
Hexachloroethane | 67-72-1 | Ethane, hexachloro- |
Hexachlorophene | 70-30-4 | Phenol, 2,2'-methylenebis[3,4,6-trichloro- |
Hexachloropropene | 1888-71-7 | 1-Propene, 1,1,2,3,3,3-hexachloro- |
2-Hexanone | 591-78-6 | 2-Hexanone |
Indeno(1,2,-3-cd)pyrene | 193-39-5 | Indeno[1,2,3-cd]pyrene |
Isobutyl alcohol | 78-83-1 | 1-Propanol, 2-methyl- |
Isodrin | 465-73-6 | 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a hexahydro-(1[ALPHA],4[ALPHA],4aß,5ß, 8ß,8aß)- |
Isophorone | 78-59-1 | 2-Cyclohexen-1-one, 3,5,5-trimethyl- |
Isosafrole | 120-58-1 | 1,3-Benzodioxole, 5-(1-propenyl)- |
Kepone | 143-50-0 | 1,3,4-Metheno-2H-cyclobuta-[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachloro- octahydro- |
Lead | (Total) | Lead |
Mercury | (Total) | Mercury |
Methacrylonitrile | 126-98-7 | 2-Propenenitrile, 2-methyl- |
Methapyrilene | 91-80-5 | 1,2,Ethanediamine, N,N-dimethyl-N'-2- pyridinyl-N'- (2-thienylmethyl)- |
Methoxychlor | 72-43-5 | Benzene, 1,1'- (2,2,2,trichloroethylidene)bis [4-methoxy- |
Methyl bromide; Bromomethane | 74-83-9 | Methane, bromo- |
Methyl chloride; Chloromethane | 74-87-3 | Methane, chloro- |
3-Methylcholanthrene | 56-49-5 | Benz[j]aceanthrylene, 1,2-dihydro-3- methyl- |
Methylene bromide; Dibromomethane | 74-95-3 | Methane, dibromo- |
Methylene chloride; Dichloromethane | 75-09-2 | Methane, dichloro- |
Methyl ethyl ketone; MEK | 78-93-3 | 2-Butanone |
Methyl iodide; Iodomethane | 74-88-4 | Methane, iodo- |
Methyl methacrylate | 80-62-6 | 2-Propenoic acid, 2-methyl-, methyl ester |
Methyl methanesulfonate | 66-27-3 | Methanesulfonic acid, methyl ester |
2-Methylnaphthalene | 91-57-6 | Naphthalene, 2-methyl- |
Methyl parathion; Parathion methyl | 298-00-0 | Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester |
4-Methyl-2-pentanone; Methyl isobutyl ketone | 108-10-1 | 2-Pentanone, 4-methyl- |
Naphthalene | 91-20-3 | Naphthalene |
1,4-Naphthoquinone | 130-15-4 | 1,4-Naphthalenedione |
1-Naphthylamine | 134-32-7 | 1-Naphthalenamine |
2-Naphthylamine | 91-59-8 | 2-Naphthalenamine |
Nickel | (Total) | Nickel |
o-Nitroaniline | 88-74-4 | Benzenamine, 2-nitro- |
m-Nitroaniline | 99-09-2 | Benzenamine, 3-nitro- |
p-Nitroaniline | 100-01-6 | Benzenamine, 4-nitro- |
Nitrobenzene | 98-95-3 | Benzene, nitro- |
o-Nitrophenol | 88-75-5 | Phenol, 2-nitro- |
p-Nitrophenol | 100-02-7 | Phenol, 4-nitro- |
4-Nitroquinoline-1-oxide | 56-57-5 | Quinoline, 4-nitro-, 1-oxide |
N-Nitrosodi-n-butylamine | 924-16-3 | 1-Butanamine, N-butyl-N-nitroso- |
N-Nitrosodiethylamine | 55-18-5 | Ethanamine, N-ethyl-N-nitroso- |
N-Nitrosodimethylamine | 62-75-9 | Methanamine, N-methyl-N-nitroso- |
N-Nitrosodiphenylamine | 86-30-6 | Benzenamine, N-nitroso-N-phenyl- |
N-Nitrosodipropylamine; Di-n-propyl- nitrosamine | 621-64-7 | 1-Propanamine, N-nitroso-N-propyl- |
N-Nitrosomethylethylamine | 10595-95-6 | Ethanamine, N-methyl-N-nitroso- |
N-Nitrosomorpholine | 59-89-2 | Morpholine, 4-nitroso- |
N-Nitrosopiperidine | 100-75-4 | Piperidine, 1-nitroso- |
N-Nitrosopyrrolidine | 930-55-2 | Pyrrolidine, 1-nitroso- |
5-Nitro-o-toluidine | 99-55-8 | Benzenamine, 2-methyl-5-nitro- |
Parathion | 56-38-2 | Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester |
Polychlorinated biphenyls; PCBs | See Note 4 | 1,1'-Biphenyl, chloro derivatives |
Polychlorinated dibenzo-p-dioxins; PCDDs | See Note 5 | Dibenzo[b,e][1,4]dioxin, chloro derivatives |
Polychlorinated dibenzofurans; PCDFs | See Note 6 | Dibenzofuran, chloro derivatives |
Pentachlorobenzene | 608-93-5 | Benzene, pentachloro- |
Pentachloroethane | 76-01-7 | Ethane, pentachloro- |
Pentachloronitrobenzene | 82-68-8 | Benzene, pentachloronitro- |
Pentachlorophenol | 87-86-5 | Phenol, pentachloro- |
Phenacetin | 62-44-2 | Acetamide, N-(4-ethoxyphenyl) |
Phenanthrene | 85-01-8 | Phenanthrene |
Phenol | 108-95-2 | Phenol |
p-Phenylenediamine | 106-50-3 | 1,4-Benzenediamine |
Phorate | 298-02-2 | Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester |
2-Picoline | 109-06-8 | Pyridine, 2-methyl- |
Pronamide | 23950-58-5 | Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- |
Propionitrile; Ethyl cyanide | 107-12-0 | Propanenitrile |
Pyrene | 129-00-0 | Pyrene |
Pyridine | 110-86-1 | Pyridine |
Safrole | 94-59-7 | 1,3-Benzodioxole, 5-(2-propenyl)- |
Selenium | (Total) | Selenium |
Silver | (Total) | Silver |
Silvex; 2,4,5-TP | 93-72-1 | Propanoic acid, 2-(2,4,5- trichlorophenoxy)- |
Styrene | 100-42-5 | Benzene, ethenyl- |
Sulfide | 18496-25-8 | Sulfide |
2,4,5-T; 2,4,5-Tri-chlorophenoxyacetic acid | 93-76-5 | Acetic acid, (2,4,5-trichlorophenoxy)- |
2,3,7,8-TCDD; 2,3,7,8-T- Tetrachlorodibenzo-p-dioxin | 1746-01-6 | Dibenzo[b,e][1,4]dioxin, 2,3,7,8- tetrachloro- |
1,2,4,5-Tetrachlorobenzene | 95-94-3 | Benzene, 1,2,4,5-tetrachloro- |
1,1,1,2-Tetrachloroethane | 630-20-6 | Ethane, 1,1,1,2-tetrachloro- |
1,1,2,2-Tetrachloroethane | 79-34-5 | Ethane, 1,1,2,2-tetrachloro- |
Tetrachloroethylene; Perchloroethylene; Tetrachloroethene | 127-18-4 | Ethene, tetrachloro- |
2,3,4,6-Tetrachlorophenol | 58-90-2 | Phenol, 2,3,4,6-tetrachloro- |
Tetraethyl dithiopyrophosphate; Sulfotepp | 3689-24-5 | Thiodiphosphoric acid ([(HO)2P(S)]2O), tetraethyl ester |
Thallium | (Total) | Thallium |
Tin | (Total) | Tin |
Toluene | 108-88-3 | Benzene, methyl- |
o-Toluidine | 95-53-4 | Benzenamine, 2-methyl- |
Toxaphene | 8001-35-2 | Toxaphene |
1,2,4-Trichlorobenzene | 120-82-1 | Benzene, 1,2,4-trichloro- |
1,1,1-Trichloroethane; Methylchloroform | 71-55-6 | Ethane, 1,1,1-trichloro- |
1,1,2-Trichloroethane | 79-00-5 | Ethane, 1,1,2-trichloro- |
Trichloroethylene; Trichloroethene | 79-01-6 | Ethene, trichloro- |
Trichlorofluoromethane | 75-69-4 | Methane, trichlorofluoro- |
2,4,5-Trichlorophenol | 95-95-4 | Phenol, 2,4,5-trichloro- |
2,4,6-Trichlorophenol | 88-06-2 | Phenol, 2,4,6-trichloro- |
1,2,3-Trichloropropane | 96-18-4 | Propane, 1,2,3-trichloro- |
O,O,O-Triethyl phosphorothioate | 126-68-1 | Phosphorothioic acid, O,O,O-triethyl ester |
sym-Trinitrobenzene | 99-35-4 | Benzene, 1,3,5-trinitro- |
Vanadium | (Total) | Vanadium |
Vinyl acetate | 108-05-4 | Acetic acid, ethenyl ester |
Vinyl chloride | 75-01-4 | Ethene, chloro- |
Xylene (total) | 1330-20-7 | Benzene, dimethyl- |
Zinc | (Total) | Zinc |
FOOTNOTE:1 Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.
FOOTNOTE:2 Chemical Abstracts Service registry number. Where "Total" is entered, all species in the ground water that contain this element are included.
FOOTNOTE:3 CAS index names are those used in the 9th Cumulative Index.
FOOTNOTE:4 Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5).
FOOTNOTE:5 This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins.
FOOTNOTE: 6This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans.
Tenn. Comp. R. & Regs. 0400-12-01-.06
Authority: T.C.A. §§ 4-5-201, et seq., and 68-212-101, et seq.