Section 0400-15-01-.05 - IMMINENT, SUBSTANTIAL DANGER(1) Purpose The purpose of this rule is to establish criteria to be used in determining when inactive hazardous substance sites constitute an imminent, substantial danger. This rule also establishes procedures to be followed when such a determination has been made.
(2) Definition "Inactive hazardous substance sites that constitute an imminent, substantial danger" is an inactive hazardous substance site where there is a threat of danger to the public health, safety, or environment which is both real and presently existing. Such situations may include, but are not limited to one or more of the following: an immediate action is necessary to minimize an ongoing threat to the public health or pollution of the environment, an inactive hazardous substance site where there is an active release, where direct access to the hazardous substance is not controlled, or where incompatible hazardous substances are found in close proximity.(3) Procedure (a) When the Commissioner determines that an inactive hazardous substance site constitutes an imminent, substantial danger to the public health, safety, or environment, he may immediately undertake such actions as are necessary to abate the imminent and substantial danger.(b) Actions taken by the Commissioner to abate an imminent and substantial danger may be taken whether or not the site is listed in Rule 0400-15-01-.13 and whether or not a Commissioner's Order has been issued.(c) As soon as practicable after an imminent and substantial danger has been abated, the Commissioner shall formalize his or her finding that the site constituted an imminent and substantial danger in a memorandum which sets forth, in a short and plain statement, the conditions which lead to his finding.Tenn. Comp. R. & Regs. 0400-15-01-.05
Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.