(A) Special hazardous wastes that are managed in compliance with the management requirements specified in this ordinance are not subject to the hazardous waste management requirements in Minn. Rules Parts 7045.0205 to 7045.0990 and 7045.1300 to 7045.1380, except for those provisions specified by reference in this chapter. Special hazardous wastes that are not managed in compliance with the requirements specified in this chapter must be managed in accordance with all applicable hazardous waste management requirements in Minn. Rules Parts 7045.0205 to 7045.0990 and 7045.1300 to 7045.1380. The provisions of this section apply to all generators and facilities.
(B) A person who collects special hazardous waste generated by households or commingles special hazardous waste generated by households with any special hazardous waste defined in this chapter shall manage the collected special hazardous waste or commingled special hazardous waste under the requirements of this chapter. Facilities that are operated by or under contract, license or formal agreement with a local unit of government to collect special hazardous waste from households do not need to obtain a hazardous waste generator or facility license to operate, however, such facilities must abide by all other applicable provisions of this chapter.
(C) Storage. A generator shall store special hazardous waste in containers or in a manner that:
(1) Prevents damage to or breakage of special hazardous waste during normal handling conditions;
(2) Are compatible with the waste being stored in the container;
(3) Will not leak or break open during normal handling conditions;
(4) Protects handlers and all other persons from physical injury caused by contact with special hazardous waste; and
(5) Prevents releases of special hazardous waste, including components or residues of special hazardous waste.
(D) Storage areas.
(1) Storage of special hazardous waste indoors or outdoors must be on a surface impermeable to the hazardous waste.
(2) Outdoor storage areas must prevent release to soil or water.
(3) Storage areas for special hazardous wastes must have protection from damage including vehicular accidents and vandalism.
(4) Special hazardous waste containers must have adequate aisle space to allow unobstructed movement of personnel and equipment in an emergency.
(E) Storage time limit. A generator may accumulate special hazardous waste up to 10,000 pounds for no longer than one year from the date the special hazardous waste is generated. A generator of special hazardous waste may accumulate over 10,000 pounds and one year if such activity is solely for the purpose of accumulation of such quantities of special hazardous waste as necessary to facilitate proper recovery, treatment, or disposal. However, the generator bears the burden of proving that such activity is solely for the purpose of accumulation of such quantities of special hazardous waste as necessary to facilitate proper recovery, treatment, or disposal. A generator of special hazardous waste who accumulates special hazardous waste must be able to demonstrate the length of time that the special hazardous waste has been accumulated from the date it becomes a waste. The generator may make this demonstration by:
(1) Placing the special hazardous waste in a container and marking or labeling the container with the earliest date that any special hazardous waste in the container became a waste; or
(2) Marking or labeling each individual item of special hazardous waste (e.g., each battery or thermostat) with the date it became a waste; or
(3) Maintaining an inventory system on-site that identifies the date each special hazardous waste became a waste; or
(4) Maintaining an inventory system on-site that identifies the earliest date that any special hazardous waste in a group of special hazardous waste items or a group of containers of special hazardous waste became a waste; or
(5) Placing the special hazardous waste in a specific accumulation area and identifying the earliest date that any special hazardous waste in the area became a waste; or
(6) Any other method which clearly demonstrates the length of time that the special hazardous waste has been accumulated from the date it becomes a waste.
(F) Labeling of containers. Generators and facilities shall label each waste container with, as applicable:
(1) The words "used" or "waste" followed by a brief description of the waste in the container;
(2) A brief description of the waste in the container followed by the words "for recycling."
(G) Response to releases or detection of inadequate container. Generators and facilities shall conduct the activities set out in divisions (1) through (4) below upon detection of storage that no longer meets the standards in division (C) above or upon a release of a special hazardous waste, including components or residues of a special hazardous waste.
(1) Immediately stop and contain any release of a special hazardous waste, including all components or residues of a special hazardous waste.
(2) If a container storing a special hazardous waste begins to leak or does not otherwise meet the container standards in division (C) above, transfer all waste remaining in the leaking or inadequate container to a container that meets the requirements of division (C) above.
(3) Prior to returning to service any leaking or otherwise damaged container, repair the container so that it meets the container standards of division (C) above.
(4) If a release may cause pollution of the environment, immediately notify the Minnesota Duty Officer by calling (651) 649-5451.
(H) Treatment. A generator is prohibited from conducting any treatment of special hazardous waste, except for activities associated with:
(1) Responding to a release as set out in division (G) above;
(2) Transferring a type of special hazardous waste from one storage container into another storage container containing the same type of special hazardous waste;
(3) Shredding or cutting up circuit boards, hard drives or photographic and X-ray negatives and paper.
(I) Transportation. All special hazardous waste must be shipped to a collector, a licensed processing/storage facility, a recycler, or a permitted hazardous waste facility. Shipments must be accompanied by a shipping paper, bill of lading, or manifest. The shipping documents must include the name of shipper, the date of shipment, the amount of waste, and the destination facility's name, address and phone number.
(J) Recordkeeping. Records shall be kept for all shipments of special hazardous waste. Each copy shall be maintained on site for a period of three years from the date the shipment was initiated by the generator.
(Ord. 60-2007, passed 8-14-07)