(A) (1) Applications for license or license renewal shall be submitted to the Department on forms provided by the Department. Applicants shall provide information as may be needed for the administration of this chapter.
(2) Generators. Generators shall submit to the Department a license application. The license application shall include, but not necessarily be limited to, the information specified in Minn. Rules Parts 7045.0230 to 7045.0248 as applicable. Applications for a generator license received more than 75 days after commencement of operation, or applications for license renewal received after January 31, shall be considered late and subject to a late application penalty. Applications for license modification shall be deemed late, and subject to a late application penalty, if received later than as set forth in Minn. Rules Part 7045.0243(3)(G), as it may be amended from time to time. The date of receipt is the postmark date if mailed or the Department date of receipt if hand delivered.
(3) Facilities interim operating approval. Unless interim operating approval has been granted hereunder, applicants for a facility license shall not commence any construction or operation until the license application has been approved by the Department, nor shall they commence any operation until a license is issued. A facility license shall not be issued until the facility construction has been completed in compliance with this chapter and the approved plans, and has been approved by the Department.
(B) (1) If an application for a generator license or license renewal is not complete or otherwise does not conform with the requirements set forth in this chapter, the Department shall advise the applicant within 60 days of application receipt, in writing, of the reasons for non-acceptance and may request that the applicant resubmit, modify or otherwise alter the application. The applicant shall comply with the requests within the time specified by the Department.
(2) If an application for a facility license or license renewal is not complete or otherwise does not conform with the requirements set forth in this chapter, the Department shall advise the applicant within 120 days of application receipt, in writing, of the reasons for non-acceptance and may request that the applicant resubmit, modify or otherwise alter the application. The applicant shall comply with the requests within the time specified by the Department.
(C) (1) Generator applications for license renewal shall be received by the Department no later than January 31. Applications for license renewal must be accompanied by a statement of any change in information submitted in the last approved license or in the license renewal application. If there are no changes, it shall be so stated in the license renewal application. If the Department does not act on a generator license renewal application, which is complete and submitted on time, the current license shall continue in force until action is taken.
(2) Facility applications for license renewal shall be received by the Department no later than February 28. Applications for license renewal must be accompanied by a statement of any change in information submitted in the last approved license or in the license renewal application. If there are no changes, it shall be so stated in the license renewal application. If the Department or County Board does not approve or deny a facility license renewal application, which is complete and submitted on time, the current license shall continue in force until action is taken.
(D) (1) Failure by the Department to approve or deny an initial generator license application within 60 days from the date of receipt of a completed application shall constitute grounds for the applicant to request a hearing. The request for a hearing shall be governed hereby. Failure to act shall be construed as denial without prejudice.
(2) Except as provided herein, failure by the Department or County Board to approve or deny an initial facility license application within 120 days from the date of receipt of a completed application, shall constitute grounds for the applicant to request a hearing. The request for a hearing shall be governed hereby. Failure to act shall be construed as denial without prejudice.
(E) For licensing purposes, the Department may consider on-site treatment by the generator, of on- site generated hazardous waste, as part of the generator’s licensure and may exempt such on-site treatment from facility licensing requirements. The exemption shall be limited to the following types of treatment: the specific treatment activities allowed in Minn. Rules Parts 7045.0450(3)(K); 7045.0652; and 7045.0855(3), as they may be amended from time to time; and/or recovery of reusable solvents by distillation. The treatment must be described in the generator license application and approved by the Department. The Department may require generators, who do on-site treatment as identified above, to comply with the requirements of Minn. Rules Parts 7045.0558; 7045.0562(1) and (2); and 7045.0566 through 7045.0576, as they may be amended from time to time, or may impose license conditions as may be deemed necessary to monitor the treatment operation and ensure public health and safety.
(F) Use of household hazardous waste collection site. Delivery of waste governed under this chapter to a household hazardous waste collection site is prohibited unless the site is authorized by the Agency to accept such hazardous waste and the operator granted permission to accept the waste knowing it was not household hazardous waste.
(G) (1) Unless otherwise provided by the County Board and/or Department, issuance of a hazardous waste transfer, storage, resource recovery, disposal, treatment or other handling or processing site or facility license, pursuant to the provisions of this chapter, shall be contingent upon the applicant furnishing to the Department a bond or letter of credit acceptable to the Department naming the county as the obligee with sufficient sureties duly licensed and authorized to transact corporate surety business in the State of Minnesota as sureties. The amount of the bond or letter of credit shall be set by the Department according to the following formula: estimated cost, submitted by the applicant and approved by the Department, for a third party contractor, unrelated to the applicant or to Carver County, to dispose of the maximum inventory of hazardous wastes that will be on site at any one time, and to decontaminate the facility and all equipment in the facility, or dispose of any equipment that cannot be decontaminated, and to perform any other activities necessary to ensure that the facility does not pose a threat to human health or the environment; plus an additional 30% to cover unanticipated costs and administrative costs that the county might incur. The condition of the bond or letter of credit shall be that if the principal fails to obey any of the requirements or do any of the acts required by this chapter an order or notice issued by the Department or conditions of the license in the operation of the site or facility, or if, for any reason, the applicant ceases to operate or abandons the site or facility, and the county determines that chemical analysis and/or testing and remediation are required to restore the site or facility to the condition and requirements as provided by the chapter, notice, order, or license, the principal and the sureties on its bond shall pay for any and all expenses required for chemical testing and to remedy the failure of the principal to comply with this chapter, orders or notices of the Department, or conditions of the license and that the principal and its sureties will indemnify and save the county harmless from all losses, costs and charges that may occur to the county because of any default of the principal under terms of his or her license to operate and this chapter of the county. In the event the county is required to expend monies or expend any labor or material to restore the site or facility to the condition or requirements as provided by this chapter, order or notice by the Department, or license, the principal and the sureties shall reimburse the county for any and all expenses incurred to remedy the failure of the principal to comply with the terms of this chapter, orders or notices of the Department or conditions of the license. The applicant may satisfy the requirements of this section by demonstrating that they pass a financial test, the terms of which will be set on a case by case basis by the Department. For facilities permitted by the Agency or having interim status, or otherwise required by the Agency to establish financial assurance for closure or corrective action, the license applicant, in lieu of the above, shall submit to the Department for review satisfactory evidence of compliance with the Agency's financial assurance requirements.
(2) Unless otherwise provided by the Department, issuance of a hazardous waste transfer, storage, resource recovery, disposal, treatment or other handling or processing site or facility license which requires an agency permit or is operating under interim status pursuant to Minn. Rules Parts 7045.0552 through 7045.0648, as they may be amended from time to time, pursuant to the provisions of this chapter, shall be contingent upon the applicant furnishing to the Department satisfactory evidence of compliance with Minn. Rules Parts 7045.0518 and 7045.0620, as they may be amended from time to time. The Department shall be notified 30 days prior to the effective date of a cancellation or change of insurance. Under interim operating approval, the required insurance shall be specified by the county.
(a) Unless otherwise provided by the Department, issuance of a license to a facility not required by the Agency to meet the liability requirements of Minn. Rules Parts 7045.0518 or 7045.0620, pursuant to the provisions of this chapter, shall be contingent upon the applicant furnishing to the county a certificate of insurance showing that the applicant maintains the following minimum coverage:
1. A commercial general liability insurance policy covering all premises and operations with limits of not less than $1,000,000 for personal injuries arising from one occurrence, $1,000,000 for damages arising from death and/ or total bodily injuries arising from one occurrence, and $1,000,000 for property damage arising from one occurrence, or a combined single limit thereof, with a $2,000,000 annual aggregate.
2. An automobile liability insurance policy, if applicable, with limits of $1,000,000 per accident for death or bodily injury and/or damages to any one person, $1,000,000 for total bodily injuries and/or damages arising from any one accident and with limits of not less than $1,000,000 per accident for property damage.
3. Workers compensation coverage at the statutory limits (or written confirmation that the applicant is a qualified self insured or is otherwise exempt under M.S. §176.041).
(b) A financial test for liability coverage may be substituted for the certificate of insurance upon the approval of the Department. The county shall be notified 30 days prior to the effective date of a cancellation or change of insurance.
(c) Hazardous waste facilities shall not be required to submit a bond, letter of credit, or
financial test, specified herein, and proof of adequate insurance specified herein, if the applicant can demonstrate to the Department that financial assurance is not required by the Agency, and the closure cost estimate approved by the Department is $10,000.00 or less.
(3) No change shall be made in the operation of a hazardous waste facility, unless the change is first approved by the Department.
(4) In order to operate a hazardous waste site or facility during interim period prior to license approval by the Department, a person must obtain interim operating approval from the Department and comply with conditions set by the Department. Interim operating approval shall require said person to operate the hazardous waste site or facility in conformance with Minn. Rules Parts 7045.0552 through 7045.0606 and 7045.0626 through 7045.0642, as it may be amended from time to time, if operating as a treatment, storage or disposal facility, or in conformance with Minn. Rules Part 7045.0365, as it may be amended from time to time, if operating as a transfer facility or in conformance with Minn. Rules Parts 7045.0125 and/or 7045.0675 , as it may be amended from time to time, if operating as a recycling facility. Additionally, the Department may impose conditions as deemed necessary to monitor the operation and ensure public health and safety, and will require compliance with the insurance requirements specified herein. The requirements under interim operating approval shall remain in force until the Department acts to grant or deny the license. If the Department finds that the hazardous waste site or facility is not being operated in compliance with the requirements of interim operating approval, the approval shall be terminated. Any person operating in full compliance with this paragraph shall be considered to be in compliance herewith until the Department acts to grant or deny the license. Any person who, on an interim basis, in compliance with this section, owns or operates a hazardous waste transfer, storage, disposal, resource recovery, treatment or other handling or processing facility shall apply for a hazardous waste facility license within 120 days of commencement of operation.
(5) Nothing in this item is intended to allow facilities to operate without permits, licenses or compliance agreements required by the agency.
(Ord. 28F, passed 10-31-00; Am. Ord. 60-2007, passed 8-14-07)