Section 0400-15-01-.07 - SITE PROMULGATION PROCESS(1) Purpose The purpose of this rule is to define the process for adding sites to and deleting sites from the List of Inactive Hazardous Substance Sites found in Rule 0400-15-01-.13.
(2) Criteria for Adding Sites to the List of Inactive Hazardous Substance Sites In order for a site to be eligible for listing, the site shall:
(b) Have the presence of hazardous substances; and(c) Pose or may reasonably be anticipated to pose a threat to public health, safety, or the environment.(3) Criteria for Deleting Sites from the List of Inactive Hazardous Substance Sites In order for a promulgated site to be removed from the List, the following shall have occurred:
(a) The hazardous substances which posed or may have posed a threat to human health or the environment have to the satisfaction of the Commissioner been removed/stabilized or determined to no longer pose a threat;(b) All relevant site characteristics, including, but not limited to, migration pathways, have been evaluated and either no longer pose a threat to human health or the environment, or have been remediated or any such threat is being controlled by other means, such as institutional controls, to the satisfaction of the Commissioner;(c) The site will require no long term monitoring and maintenance activities, or financial assurance for the costs of these activities has been established in a form, amount, and manner acceptable to the Commissioner;(d) All monitoring wells, etc., that serve as potential sources or routes for future contamination have been properly abandoned, protected, or otherwise accounted for; and(e) All state cost recovery issues have been resolved to the satisfaction of the Commissioner.(4) Frequency of Amendment of the List Whenever necessary to protect the public health, safety or environment, but at least annually, the Commissioner shall propose and the Board shall promulgate any necessary revisions to the List of Inactive Hazardous Substance Sites.
Tenn. Comp. R. & Regs. 0400-15-01-.07
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.