Rule 391-3-4-.02 - Solid Waste Handling Permits(1) Solid Waste Handling Permits Required. No person shall engage in solid waste handling or construct or operate a solid waste handling facility, except those individuals exempted from the provisions of the Georgia Comprehensive Solid Waste Management Act, under the provisions of O.C.G.A. 12-8-30.10 or O.C.G.A. 12-8-40 or those individuals who have a permit-by-Rule under Rule 391-3-4-.06, without first obtaining a permit from the Director authorizing such activity. (a) Applicability. All new and existing solid waste handling permits.(b) Application Completeness. The Director may issue permits for solid waste handling provided the application is judged complete and meets the requirements of the Georgia Comprehensive Solid Waste Management Act and these Rules. Solid Waste Handling Permits shall be required for, but are not limited to, persons engaged in the collection, transportation, treatment, utilization, storage, processing, or disposal of solid wastes, or any combination thereof, except as exempted by O.C.G.A. 12-8-30.10 or O.C.G.A. 12-8-40 and these Rules and shall be required for the construction or operation of all solid waste handling facilities, except as exempted by O.C.G.A. 12-8-30.10 or O.C.G.A. 12-8-40 and these Rules.(c) Permit Review and Schedule. As of July 1, 2018, all new permits shall be reviewed every five years. All permits issued prior to July 1, 2018 will be reviewed within five years and will then be placed on a corresponding five year review schedule.(d) Permit Review. Each permit for a solid waste handling facility will be reviewed by the Division every five years and shall be modified to assure that the facility continues to comply with the currently applicable requirements of these Rules. The permit review will require that the permittee submit and revise Design and Operational Plans and other supporting documents, as necessary, to include any changes to reflect the facility's current construction and operation. Permit reviews shall be filed with the Division as either a minor modification or a major modification. 1. In order for permits to remain in effect, applications for permit review shall be filed at least six (6) months, but not more than eighteen (18) months prior to the date of scheduled permit review.2. Existing solid waste handling permits shall remain in effect during the review period.3. If a timely and complete review package has not been submitted, the solid waste handling facility's right to operate ceases until a complete application has been submitted.(2) Modification or Revocation of Permits for Cause: the Director may modify or revoke any permit issued pursuant to O.C.G.A. 12-8-24 if the holder of the permit found to be in violation of any of the permit conditions; or if the holder of the permit fails to perform such activity in accordance with the approved plan; or if such activity creates a threat to human health or the environment. In the event of modification or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action.(3) Permit Modifications at the Request of the Permittee: all modifications of existing solid waste handling permits shall be classified as follows: (a) Major Modifications include those changes which substantially alter the design of the facility, management practices, the types of wastes being handled, or the method of waste handling, and due to the nature of the changes, would likely have an impact on the ability of the facility to adequately protect human health and the environment. Major modifications therefore require closer review and public input than minor modifications. Major modifications shall include, but are not limited to, the following:1. A modification which involves an expansion of an existing landfill's capacity.2. A modification which involves a lateral expansion of a CCR surface impoundment.3. A modification which adds a new solid waste handling process. This shall include but not be limited to the addition of an air curtain destructor, a materials recovery facility, a baling operation, a shredding operation, a processing operation, a municipal solid waste or sewage sludge composting operation, or a liquid solidification operation.4. A modification which involves the change of a site suitability requirement which could have impacted the original siting of the facility.5. Any other modification which the Director, in the exercise of his discretion, determines to meet the criteria set forth in Section (3)(a) of this Rule.(b) Minor modifications include changes that do not substantially alter the permit conditions, that do not reduce the capacity of the facility to protect human health or the environment, or that enable a permittee to respond in a timely manner to common variations in the type and quantities of wastes managed, technological advancements, or changes necessary to comply with new Rules where these changes can be implemented without substantially changing design specifications or management practices in the permit. Minor modifications shall include, but are not limited to, the following: 1. Changing the name of a facility.2. A modification which involves a change in administrative and operational information and maintenance of operational records.3. A modification which involves a change in the sequence of operation.4. A modification which involves the relocation of access roads.5. A modification which adds or deletes on-site structures.6. A modification which involves the addition of or a change to a groundwater or surface water monitoring system.7. A modification which involves the addition of or a change to a landfill gas monitoring system.8. A modification which involves the addition or deletion of a permit-by-Rule facility.9. A modification which involves the deletion of any solid waste handling facility.10. A modification which involves the deletion of permitted capacity or acreage.11. A modification which involves the addition of or a change to an erosion and sedimentation control system.12. A modification which involves the addition of or a change to a closure or post- closure plan.13. A modification which involves the addition of or a change to a method of leachate handling.14. A modification which involves the addition of or a change to a quality assurance plan.15. A modification which involves the change of any compliance schedule which is part of the permit.16. A modification which involves the addition of a corrective action plan.17. A modification which involves a change in ownership, or in the case of a corporation of over five (5) percent of the stock in a corporation holding a permit, but does not involve the transfer of the permit.18. A modification which involves the addition of acreage for the purpose of installing monitoring systems or installing structures for mitigating environmental impacts, where the original permitted acreage provides insufficient area to complete required improvements. This modification request must be accompanied by a hydrogeological assessment as specified in Rule 391-3-4-.05(1)(j).19. A modification which involves the addition of or change in a soil or synthetic liner and leachate collection system to a waste unit holding a valid solid waste handling permit, if it does not require other significant site redesign.20. A modification which involves the removal or recovery of CCR from a CCR unit for the purpose of beneficial use.(c) All modifications of solid waste handling permits which are major modifications shall be subject to the following requirements:1. Submission of a completed application for a permit modification.2. Submission of supporting documents which accompany the application for a permit modification which describe the exact change to be made to the permit conditions and supporting documents referenced by the permit and which explain why the change is needed.3. Submission of a revised design for the requested change.4. Submission of written verification by the applicant, as required by subparagraph (1)(a) of Rule 391-3-4-.05, that the facility, as proposed to be modified, conforms to all local zoning/land use ordinances, if any.5. Except for Private Industry Solid Waste Disposal Facilities, after July 1, 1992, submission of written verification by the applicant that the facility, as proposed to be modified, is consistent with the local or regional solid waste management plans and that the host jurisdiction and the jurisdictions generating solid waste destined to the facility can demonstrate that they are actively involved in and have a strategy for meeting the State-wide goal of waste reduction by July 1, 1996. The verification shall consist of letters from the host jurisdiction and generating jurisdictions verifying consistency with the approved local solid waste plan.6. Except for Private Industry Solid Waste Disposal Facilities, submission of written verification that a public hearing was held by the governing authority of the county or municipality in which the solid waste facility requesting the modification is located, not less than two weeks prior to granting approval of the modification. Submission of written verification that notice of such hearing was posted at the site of such facility and advertised in a newspaper of general circulation serving the county or counties in which the facility is located at least thirty (30) days prior to such hearing. A typed transcript of the hearing must be provided to the Division.7. Any application for a solid waste disposal facility vertical expansion shall meet the criteria as established in O.C.G.A. 12-8-24(e)(3). Any operation of a vertical expansion shall be in accordance with conditions set forth in the modified permit. Conditions to be included in any such modified permit shall, at a minimum, include the following: (i) A minimum 200 foot buffer shall be provided between the property line and the waste disposal boundary established by the vertical expansion.(ii) Site survey control shall be provided to ensure compliance with the approved permit modification.(iii) Erosion and sedimentation control devices shall be installed, rehabilitated, and maintained as appropriate to control all surface runoff and sediments from disturbed areas.(iv) All areas exposed for more than three (3) months shall be vegetated.(v) Closure plans, post-closure plan, and appropriate financial responsibility shall be maintained and updated as provided for in the approved permit modification.(vi) All other conditions of the existing permit not in conflict with conditions (i) through (v) above.8. With the exception of major modifications granted under subparagraph (c)7. of this Rule, all major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modification is approved.(d) All modifications of solid waste handling permits which are minor modifications shall be subject to the following requirements: 1. Submission of a written request by the permit holder requests a minor modification.2. Submission of supporting documents which accompany the written modification request which describe the exact change to be made to the permit conditions and supporting documents referenced by the permit and which explain why the change is needed.3. If applicable, submission of a revised design for the requested change.4. For a modification involving a change in ownership covered in subparagraph (4)(b)17. above, documentation must be provided to insure compliance with subparagraph (7)(a) below.(4) Transfer of Permits: permits are not transferable from one site or facility to another. Permits are transferable from one person to another provided a new permit application is completed by the proposed permittee, and the proposed permittee agrees to abide by all the permit conditions or outstanding orders in effect at the time of the requested transfer. Prior to the transfer of the permit, the new permittee must demonstrate compliance with Rule 391-3-4-.13. Until such time as this is demonstrated, the original permittee shall be fully responsible for financial responsibility for the facility. Unless notified otherwise by the Director, within 45 days of receipt by the Division of a properly completed request for transfer of the permit, the permit transfer shall stand approved.(5) Applications for permits and major permit modifications under O.C.G.A. 12-8-24 shall be on forms as may be prescribed and furnished from time to time by the Division and shall be accompanied by all pertinent information as the Division may require.(6) Material submitted shall be complete and accurate.(7) Application for a permit or for the transfer of a permit shall contain, but shall not be limited, to the following:(a) A sworn statement that the applicant and owner or operator, if different than applicant, for a permit or, in the case of a corporation, partnership, or association, an officer, Director, manager, or shareholder of five percent or more of stock or financial interest in said corporation, partnership, or association: 1. Has not intentionally misrepresented or concealed any material fact in the application submitted to the Director;2. Is not attempting to obtain the permit by misrepresentation or concealment;3. Has not been finally convicted in the State of Georgia or any federal court of any felony involving moral turpitude within three years immediately preceding the application for a permit;4. Has not been convicted of any violations of any environmental laws punishable as a felony in any state or federal court within five years preceding the application for a permit;5. Has not knowingly, willfully, and consistently violated the prohibitions specified in O.C.G.A. 12-8-30.7; and6. Has not been adjudicated in contempt of any court order enforcing any federal environmental laws or any environmental laws of the State of Georgia within five years preceding the application for a permit.(b) For a permit application, a statement that the applicant either owns the property on which the facility is to be located or had the permission of the owner to use the property for solid waste handling.(c) For a permit application, in the case of a regional landfill or a landfill serving more than one county, a list of the areas to be served.(d) For a permit application, written verification of zoning compliance as required by Rule 391-3-4-.05 paragraph (1)(a).(e) For a permit application, a site assessment as required by Rule 391-3-4-.05, except CCR units which must meet criteria in 391-3-4-.10.(8) Applications for permits will be reviewed together with such other information as may be necessary to ascertain the effect of such solid waste handling upon air, water, and land resources and human health. Conditions under which the handling will be permitted will be specified in the permit issued.(9) Except for Private Industry Solid Waste Disposal Facilities, each applicant for a permit shall provide verification that the facility is consistent with the local or regional solid waste management plans. The verification shall consist of letters from the host jurisdiction and generating jurisdictions verifying consistency with the approved local solid waste plans.(10) Changes to Permit Status. The Director may approve a request to modify an existing solid waste handling permit to reflect the change of a facility's operational status. Such changes can include operating, closure, and post-closure.Ga. Comp. R. & Regs. R. 391-3-4-.02
O.C.G.A. § 12-8-20 et seq., as amended.
Original Rule entitled "General" was filed as 391-1-1-.02 on November 21, 1972; effective December 12, 1972, as specified by the Agency.Amended: Rule renumbered as 391-3-4-.02. Filed September 6, 1973; effective September 26, 1973.Amended: Rule repealed a new Rule entitled "Solid Waste Handling Permit" adopted. Filed September 19, 1974; effective October 9, 1974.Amended: F. Jun. 9, 1989; eff. Jun. 29, 1989.Amended: F. Sept. 4, 1991; effective Sept. 24, 1991.Amended: F. Jun. 7, 1993 eff. Jun. 27, 1993.Amended: F. Nov. 2, 2016; eff. Nov. 22, 2016.Amended: F. Mar. 8, 2018; eff. Mar. 28, 2018.Amended: F. June 10, 2021; eff. June 30, 2021.