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Saturday, July 11, 2009

A Small Victory for the Citizens of Cumberland County

The TDEC decision on Smith Mountain Solutions, LLC's request for a Permit-By-Rule for a coal ash dump:


"Smith Mountain Solutions has applied for construction of a landfill at the Cumberland coal site in Cumberland County. The permit application states the applicant plans to dispose of coal ash at this facility. The applicant’s permit application was for a Permit-by-Rule coal ash landfill as described in the Solid Waste Regulations at 1200-1-7-.02©(1.)(ii) (page 20 of the rules).

After examining the permit application and the solid waste regulations, the Tennessee Department of Environment and Conservation (the Department) determined that the applicant should modify the permit application and resubmit the request as a Class II landfill application. The reason for this decision is that the Department does not believe that the landfill permit application for this site meets the criteria as specified in Rule 1200-1-7-.02©(1)(ii) for a coal ash landfill for structural fill or other such similar uses as the commissioner may approve.

The Department has returned the original permit application to be revised as a Class II land fill permit application. The Department will follow the public notice and public comment requirements as set in the regulations insuring opportunities for public review. The Department will require the landfill proposal to be designed to meet the Department’s Class I landfill design criteria for geologic buffer, synthetic liner, leachate collection, etc."

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