STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION IN THE MATTER OF: DIVISION OF SOLID WASTE MANAGEMENT RRI VT BRISTOL LLC, TED E. COX CASE NO. SWM18-0008 RESPONDENTS, COMMISSIONER’S ORDER AND ASSESSMENT. Shari Meghreblian, PhD, is the duly appointed Commissioner of the Department of Environment and Conservation, and among other duties and responsibilities, she is charged with administering and enforcing Tennessee Code Annotated (“Tenn. Code Ann.”) § 68-211-101 er seq., the Tennessee Solid Waste Disposal Act (“Act”) I. RRI VT Bristol, LLC (*RRI”) is a domestic imited liability company formed in ‘Tennessee on December 19, 2016. Its agent for service of process is RRI VT Bristol, LLC, 100 Vance Tank Road, Bristol, Tennessee 37620-5648. RRI is the owner of a certain tract of land located in Sullivan County that is being used as a solid waste disposal site (“site”). The site is located at 100 Vance Tank Road, Bristol, TN. The site is approximately 100 acres in size.m1. Ted E. Cox is an individual and a director of RRI. Mr. Cox is the sole representative speaking and acting on behalf of RRI. Mr. Cox can be served at 4953 Weaver Pike, Bluff City, ‘Tennessee 37618. A copy of this Commissioner's Order and Assessment will be sent to counsel for Mr. Cox and RRI: Mr. Cecil V. Laws, Esq., 239 East New Street, Kingsport, Tennessee 37660. Mr. Cox and RRI are referred to collectively as the Respondents. JURISDICTION Iv. Pursuant to Tenn, Code Ann, § 68-211-107, the Department is authorized to exercise general supervision over the operation and maintenance of solid waste processing facilities and disposal facilities or sites. Such general supervision shall apply to all the features of operation or maintenance which do or may affect the public health and safety or the quality of the environment and which do or may affect the proper processing and disposal of solid wastes. When the Commissioner or her authorized representative finds that provisions of the Act are not being complied with, she is authorized by Tenn. Code. Ann. § 68-211-112 to issue orders for correction to the responsible person, Further, Tenn, Code Ann. § 68-211-117 gives the Commissioner, or her authorized representative, the authority to assess damages and civil penalties against any person who violates any provision of the above-mentioned Act or any rule, regulation, or standard adopted pursuant to said Act. Rules governing operation and maintenance of solid waste facilities or sites have been promulgated pursuant to Tenn. Code Ann. § 68-211- 107 and are effective as the Tenn. Comp. R. & Regs. 0400-11-01-.01 through 0400-11-01-.02 Rules”),Pursuant to Tenn. Code Ann. § 68-211-831, the Department is authorized to, directly or by contract, provide for the investigation and clean-up of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites. The Department shall attempt to recover funds expended during the investigation or clean-up of the site from the person or persons responsible for the disposal of the waste tires or solid waste pursuant to Tenn, Code Ann, § 68-211-117. v. The Respondents cach meet the definition of a “person” within the meaning of Tenn, Code Ann. § 68-211-103(6). (On July 17, 2012, in response to a complaint, personnel from the Division conducted an -overed that waste tires had been disposed on site. As a result of investigation at the site and di the investigation, on July 18, 2012, the Division issued a Notice of Violation ("NOV") to Mr. Ted Cox, of Reclaimed Resources, Inc., for storage of solid waste without a permit, The following violations were noted in the NOV: Tenn. Code Ann, § 68-211-104: It is unlawful to: © Construct, alter, or operate a solid waste processing or disposal facility or site in violation of the rules, regulations, or orders of the commissioner or in such a manner as to create a public nuisance. © Transport, process, or dispose of solid waste in violation of this chapter, the rules and regulations established under this chapter or in violation of the orders of the commissioner or board.