For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. The Minnesota Pollution Control Agency or MPCA.
CIRCUIT BOARDS. Electrical panels consisting of fiberglass, a paper and epoxy blend, or other inert material and electrical conductors, traces or foils. CIRCUIT BOARDS shall include circuit board trimmings.
CIRCUIT BOARD TRIMMINGS. The pieces, including dust particles, that are trimmed off of circuit boards during the routing or punching process in order to make the boards the proper size for use.
COUNTY BOARD. The Carver County Board of Commissioners.
DEPARTMENT. The Carver County Environmental Services Department.
ELECTRONIC COMPONENT. Subassemblies or other parts derived from the disassembly of electronic devices, which exhibit the toxicity characteristic of Minn. Rules 7045.0131. ELECTRONIC COMPONENT shall include circuit boards.
ELECTRONIC DEVICE. Electronic component that contains one or more electronic circuit boards, cathode ray tubes, or other circuitry or parts that exhibit the toxicity characteristic under Minn. Rules 7045.0131.
ELECTRONICS. Electronic components and electronic devices.
EMBARGO. An order by the Department prohibiting the movement, removal, transport, use, treatment or disposal of a material which is, or is suspected to be, a hazardous waste and which is being mismanaged, or which the Department has reason to suspect is being, or will be managed in violation of this chapter.
FACILITY. The meaning in Minn. Rules Part 7045.0020, subpart 24 and shall also include transfer facilities and facilities that collect for treatment, storage or disposal special hazardous waste, universal waste, appliances, recyclable fuel, used oil or waste contaminated with used oil.
GENERATOR. The meaning in Minn. Rules Part 7045.0020, subpart 31 and shall include any person, by site, whose act or process produces a universal waste or special hazardous waste or whose act first causes a universal waste or special hazardous waste to become subject to regulation.
HAZARDOUS BUILDING COMPONENTS. Materials and articles containing cadmium, lead, mercury, oil, polychlorinated biphenyls (PCBs), or refrigerants; asbestos containing materials; or other items posing risk to humans or the environment including, but not limited to, fluorescent and high intensity discharge lamps; neon lighting; lighting ballasts (both PCB and non-PCB containing ballasts); electrical capacitors; batteries, circuit boards; appliances; components of heating, ventilation and air conditioning (HVAC) systems that contain the above referenced materials; and thermometers, gauges, switches and relays containing mercury. Wastes included in this definition that are regulated by Minn. Rules Chapters 7000 through 7150 and C.F.R. Title 40 shall be regulated by those rules, as applicable.
HAZARDOUS WASTE. Any refuse, sludge or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid or contained gaseous form which, because of its quantity, concentration or chemical, physical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Categories of HAZARDOUS WASTE materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants and corrosives. HAZARDOUS WASTE does not include source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended.
MINIMAL GENERATOR. Any very small quantity generator who generates one or more of only the following wastes:
(1) Ten gallons or less per year of hazardous waste that is not acutely toxic, as defined by Minn. Rules Part 7045.0020(3)(a), as it may be amended from time to time;
(2) Any amount of used oil, waste contaminated with used oil, used oil filters or petroleum fuel filters;
(3) Any amount of lead acid batteries managed under Minn. Rules Part 7045.0685;
(4) Universal waste and special hazardous wastes as defined by this chapter;
(5) Any amount of photographic fixer solution which is shipped off-site for recycling;
(6) Any amount of photographic fixer solution if treated to remove 80% of the hazardous constituents; or
(7) Any amount of fuel/water mixtures and fuel tank filters that are not stored or accumulated on site.
NOTICE OF VIOLATION. A formal written notice issued by the Department to notify a party that he or she is in violation of a county chapter. This notice will inform the party of the alleged violations, the nature and extent of the violations, and the required corrective actions. The NOTICE OF VIOLATION shall also specify additional actions that will be taken by the Department, such as the inclusion of NOV orders into a final order or consent order and/or the issuance of a citation, as well as specific time frames in which these actions will be completed.
PERSON. Any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing, or any other legal entity.
SPECIAL HAZARDOUS WASTE. Shall include the following hazardous wastes:
(1) Photographic and x-ray negatives and paper which exhibit the toxicity characteristic under Minn. Rules Part 7045.0131;
(2) Electronics as defined by this chapter.
WARNING LETTER. A written notice issued by the Department to notify a party that he or she is in violation of a county chapter. If a WARNING LETTER is issued, it shall be utilized as the initial county notification of alleged violations, except in cases of imminent threat to the public health and safety of the environment. The WARNING LETTER will inform the party of the alleged violations, the nature and extent of the violations, and the required corrective actions.
(Ord. 28F, passed 10-31-00; Am. Ord. 60-2007, passed 8-14-07)