(A) Minn. Rules Chapter 7045, except for Minn. Rules Parts 7045.1000 through 7045.1030 inclusive, as it may be amended from time to time, relating to hazardous waste, are hereby adopted by reference and made a part of this chapter. Adoption of the state rules into this chapter does not relieve regulated parties from full compliance with requirements as they also apply to the state or federal entities specified in the state rules. Regulated parties must obtain required approvals and submit necessary information to the appropriate state or federal authorities as well as to the county.
(B) Any amendments, modifications or deletions are hereby adopted by reference and incorporated as if set in full herein.
(C) Standards amended. The above adopted rules are hereby amended as follows:
(1) Wherever the term MINNESOTA POLLUTION CONTROL AGENCY, POLLUTION CONTROL AGENCY or AGENCY appears in these adopted rules it shall mean the DEPARTMENT, except in Minn. Rules Parts 7045.0020 subparts 4, 9c and 73h; 7045.0070; 7045.0075; 7045.0080; 7045.0090 when referenced by 7045.0545, 7045.0546, 7045.0547 and 7045.0548; 7045.0125, subpart 9, item D; 7045.0129; 7045.0133; 7045.0135, subpart 1, paragraph 3; 7045.0139; 7045.0218; 7045.0243, subpart 3, item D; 7045.0261, subpart 5, item B and subpart 6; 7045.0275, subpart 2; 7045.0302; 7045.0361; 7045.0395; 7045.0397; 7045.0450, subpart 1; 7045.0452, subpart 2; 7045.0468, subpart 2; 7045.0498 through 7045.0524; 7045.0546; 7045.0552, subpart 3 item A; 7045.0554; 7045.0556, subpart 2; 7045.0574, subpart 2; 7045.0608 through 7045.0624; 7045.0655, subpart 1; and where used with ENVIRONMENTAL PROTECTION AGENCY, or FEDERAL OR STATE AGENCY, where they shall remain unchanged.
(2) Wherever the term COMMISSIONER appears in these adopted rules, it shall mean DEPARTMENT except in Minn. Rules Parts 7045.0020, subpart 6a, item B, subparts 9c, 13a, 43.b, 73h, and 85a; 7045.0075; 7045.0080; 7045.0090 when referenced by 7045.0545, 7045.0546, 7045.0547 and 7045.0548; 7045.0125, subpart 4, item N and subpart 9, item D; 7045.0129; 7045.0131, subparts 1 and 7; 7045.0218; 7045.0261, subpart 9; 7045.0265; 7045.0294, subpart la, item B; 7045.0302; 7045.0310, subpart 3, items B, C and D, and subpart 5, item C; 7045.0320, subparts 9 and 10; 7045.0474; 7045.0476, subpart 3, item A; 7045.0498 through 7045.0524; 7045.0528, subpart 4, item D(4) and subpart 8, item D(1); 7045.0545, subparts 1 through 7; 7045.0546; 7045.0580; 7045.0582, subpart 3, item A; 7045.0608 through 7045.0624; 7045.0628, subpart 4, item D(4); 7045.0652, subpart 2, item B; 7045.0686; 7045.0875, subpart 8, item B; 7045.0990; 7045.1309; 7045.1315, subpart 2, item G; 7045.1360, where it shall remain unchanged.
(3) Wherever the term PERMIT, PERMITEE, PERMITTING or PERMITTED appears in these adopted rules, it shall mean LICENSE, LICENSEE, LICENSING or LICENSED except in Minn. Rules Parts 7045.0020, subpart 10b, subpart 15, item A(4), subpart 23a, subpart 24, item B, and subpart 58a; 7045.0121, subpart 2, item D; 7045.0208, subpart 2, item C; 7045.0210; 7045.0261, subparts 2, 5, and 6; 7045.0310, subpart 3, item D and subpart 6, item D; 7045.0320, subpart 9, item C; 7045.0397; 7045.0450, subpart 1; 7045.0498 through 7045.0524; 7045.0545, subparts 5 and 7; 7045.0546; 7045.0552, subpart 2; 7045.0554, subpart 1; 7045.0608 through 7045.0624; 7045.0790, subpart 7; 7045.1380, subpart 1, item A; and where used with NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT, NPDES PERMIT, STATE DISPOSAL SYSTEM PERMIT, EMISSION FACILITY OPERATING PERMIT, PERMIT-BY-RULE, or AIR QUALITY PERMIT, where they shall remain unchanged.
(4) The terms MINNESOTA or STATE OF MINNESOTA shall mean COUNTY OF CARVER in Minn. Rules Parts 7045.0210; 7045.0212; 7045.0214; 7045.0240; 7045.0261, subpart 5 and subpart 6 (except the phrases SPECIFIC MINNESOTA and IN MINNESOTA which shall remain unchanged); 7045.0302, subpart 1; 7045.0351, subpart 1; 7045.0355 and 7045.0361.
(5) Minn. Rules Part 7045.0020, subpart 66 is deleted in its entirety.
(6) Minn. Rules Part 7045.0060 is amended to read as follows:
"No variance may be granted if granting the variance would result in noncompliance with Environmental Protection Agency (EPA) regulations and Minnesota Pollution Control Agency (MPCA) rules for the generation, storage, processing, treatment, transportation or disposal of hazardous waste or the operation of hazardous waste facilities."
(7) Minn. Rules Part 7045.0225, subpart 1 is amended by deleting the last two sentences in their entirety.
(8) The first paragraph of Minn. Rules Part 7045.0230, subpart 1 is amended to read:
"Information required. An application must be on a form provided by the Department and must include the following information".
(9) Minn. Rules Part 7045.0230, subpart 1a is deleted in its entirety.
(10) Minn. Rules Part 7045.0240 is amended by the deletion of the second sentence in subpart 3.
(11) Minn. Rules Part 7045.0243 is amended by the deletion of subpart 1 and subpart 3, item C.
(12) The first paragraph of Minn. Rules Part 7045.0248, subpart 1 is amended to read as follows:
"A licensed generator must submit a license renewal application to the Department on forms provided by the Department. A generator must submit the application and report by the January 31 preceding the expiration of the generator license. The application must contain the following information for each hazardous waste produced during the preceding calendar year:".
(13) Minn. Rules Part 7045.0248, subpart 1, item B is deleted in its entirety.
(14) Minn. Rules Part 7045.0250 is deleted in its entirety.
(15) Minn. Rules Part 7045.0261, subpart 5 is amended to read as follows:
"Subpart 5. Permitted facilities. The facilities shall be licensed or permitted by:
A. the department if the hazardous waste facility is located within Carver County in Minnesota; or
B. the state agency with a hazardous waste program authorized by the EPA pursuant to Code of Federal Regulations, title 40, part 271 (1983); or
C. the EPA; or
D. having interim status."
(16) Minn. Rules Part 7045.0261 subpart 9 is amended to read as follows:
"Subpart 9. Number of copies. The manifest must consist of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records, another copy to be returned to the generator by the facility, and the required copies to be returned to the commissioner or to the Hazardous Waste Manifest Program, pursuant to parts 7045.0265, 7045.0474, subpart 2, item D; and 7045.0580, subpart 2, item D, and any additional copies required by the generator's or designated facility's state, if other than Minnesota. Copies to be returned to the commissioner shall be sent to: Minnesota Pollution Control Agency, Hazardous Waste Division, 520 Lafayette Road, Saint Paul, Minnesota 55155, Attention: HWIMS. Copies to be returned to the Hazardous Waste Manifest Program shall be sent to: Hazardous Waste Manifest Program, Mail Code L609, 300 S 6th Street, Minneapolis, Minnesota 55487."
(17) Minn. Rules Part 7045.0265 subpart 1D is amended to read as follows:
"D. send one copy to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment if the generator is a large quantity or small quantity generator. Send one copy to the Hazardous Waste Manifest Program if the generator is a very small quantity generator."
(18) Minn. Rules Part 7045.0265 subpart 2B is amended to read as follows:
"B. send one copy to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment if the generator is a large quantity or small quantity generator. Send one copy to the Hazardous Waste Manifest Program if the generator is a very small quantity generator."
(19) Minn. Rules Part 7045.0265 subpart 3B is amended to read as follows:
"B. send one copy to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment if the generator is a large quantity or small quantity generator. Send one copy to the Hazardous Waste Manifest Program if the generator is a very small quantity generator."
(20) Minn. Rules Part 7045.0265 subpart 4A is amended to read as follows:
"A. the copy of the hazardous waste manifest signed by the facility operator is sent to the commissioner within 40 days of the acceptance of the hazardous waste by the hazardous waste facility if the generator is a large quantity or small quantity generator. The copy of the hazardous waste manifest signed by the facility operator is sent to the Hazardous Waste Manifest Program within 40 days of the acceptance of the hazardous waste by the hazardous waste facility if the generator is a very small quantity generator; and".
(21) In Minn. Rules Part 7045.0292, subparts 1, 5, 6 and 8, the phrase "without a permit" is amended to read "without a facility permit". The word "permit" in these references remains unchanged.
(22) The first paragraph of Minn. Rules Part 7045.0302, subpart 2 is amended to read as follows:
"Subpart 2. Notification. When shipping hazardous waste outside the state of Minnesota to a foreign country, the primary exporter must notify the Commissioner, the Department and the EPA of an intended export before the waste is scheduled to leave the United States. A complete notification should be submitted sixty (60) days before the initial shipment is intended to be shipped off site. This notification may cover export activities extending over a 12-month or lesser period. The notification must be in writing, signed by the primary exporter and include the following information:".
(23) Minn. Rules Part 7045.0460, subpart 1, item A is amended to read as follows:
"A. Procedures are in effect which will cause the waste to be removed safely before floodwaters can reach the facility to a location where the wastes will not be vulnerable to floodwaters. The location to which wastes are moved must be a facility which is either licensed by this Department, or permitted by the Environmental Protection Agency, or by a state with a hazardous waste management program authorized by the Environmental Protection Agency, or which has interim status.".
(24) The term "in Chapter 7001" is deleted wherever it appears.
(25) The phrase "under chapter 7046" is deleted wherever it appears.
(Ord. 28F, passed 10-31-00; Am. Ord. 60-2007, passed 8-14-07)