Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Civil Penalty Addressing Decatur County Municipal Landfill

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Tennessee Air Pollution Control Board (“Board”) issued an August 29th Technical Secretary’s Order and Assessment of Penalty (“Order”) addressing an alleged air permit violation by Decatur County, Tennessee, Government (“Decatur”). See Division of Air Pollution Case No. APC19-0040.

Decatur is stated to operate the Decatur County Municipal Solid Waste Landfill (“Landfill”) in Bath Springs, Tennessee.

The Board is stated to have issued a Title V operating permit number on June 16, 2014, to the Landfill. See Permit No. 558760.

Condition E2(a) of Permit 558760 states, in pertinent part:

Annual compliance certification. The permittee shall submit annually compliance certifications with terms and conditions contained in Sections A, B, D and E of this permit, including emission limitations, standards, or work practices.... These certifications shall be submitted within 60 days after the end of each calendar year.

On April 5, 2019, the Division is stated to have determined that the Landfill’s Annual Compliance Certification ("ACC") for the time period of January 1, 2018, through December 31, 2018, had not been submitted. This alleged failure to submit is stated to be a violation of Condition E2(a) Permit 558760.

The Order alleges that the Landfill failed to comply with a condition of an Operating permit and, therefore, violated Tenn. Comp. R. & Regs. 1200-03-09-.02(6).

A civil penalty of $1,500 is assessed.

The Order provides the Landfill certain appeal rights in regards to the Order.

A copy of the Order can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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