7045 HAZARDOUS WASTE

7045.0040 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0050 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0060 VARIANCES. Any person who applies for a variance from any requirement of this chapter shall comply with part 7000.7000. An application for a variance must be acted upon by the agency according to Minnesota Statutes, section 116.07, subdivision 5 and part 7000.7000. Howe…

7045.0065 INCORPORATION AND AVAILABILITY OF REFERENCES. The documents referred to in this part are incorporated by reference. The documents are not subject to frequent change, unless otherwise noted, and are available online or through the Minitex interlibrary loan system, unless…

7045.0070 OTHER STANDARDS. Nothing in this chapter shall relieve any person from any obligations or duties imposed by any other laws, statutes, rules, standards, or ordinances of the federal, state, or local governments or any agency thereof now in effect or which become effectiv…

7045.0071 UNDERGROUND INJECTION. References to underground injection of waste throughout this chapter are subject to Minnesota statutes and rules prohibiting the discharge of waste or pollutants to the saturated or unsaturated zones. Statutory Authority: MS s 116.07 History: 33 S…

7045.0075 PETITIONS. Subpart 1. Petitions for equivalent testing or analytical methods. Any person seeking to use a testing or analytical method other than those described in parts 7045.0102 to 7045.0155 or 7045.0450 to 7045.0649 may petition under these provisions. The person mu…

7045.0080 DATA AVAILABILITY. Subpart 1. Applicability. The following apply to requests to the Minnesota Pollution Control Agency for information relating to facilities and sites for treatment, storage, and disposal of hazardous waste. Subp. 2. Response to requests. Except as prov…

7045.0090 ADOPTION AND INCORPORATION BY REFERENCE. Subpart 1. Applicability. Except as specified in subparts 2 and 3, the terms and standards identified in subparts 1a to 1h apply whenever federal regulations are incorporated by reference in this chapter whether or not this part …

7045.0100 [Repealed, 14 SR 1718] Published Electronically: October 10, 2013

7045.0102 MIXTURES OF WASTES. Subpart 1. Scope. Except as provided in part 7045.0665, subpart 1, mixtures of wastes are identified in subpart 2. Subp. 2. Mixtures of hazardous and nonhazardous wastes. The mixing of a hazardous waste with a nonhazardous waste as described in this …

7045.0110 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0120 EXEMPTIONS AND SPECIAL REQUIREMENTS. Subpart 1. Exempt types of waste. The following waste may be stored, labeled, transported, treated, processed, and disposed of without complying with the requirements of this chapter: A. household waste except as provided for under s…

7045.0121 TREATABILITY STUDY EXEMPTIONS. Subpart 1. Applicability. Except as provided in subpart 2, persons who generate or collect samples for the purpose of conducting treatability studies, as defined in part 7045.0020, are not subject to any requirement of parts 7045.0102 to 7…

7045.0125 MANAGEMENT OF WASTE BY USE, REUSE, RECYCLING, AND RECLAMATION. Subpart 1. Scope. This part regulates hazardous waste and used oil that is to be recycled except for use constituting disposal as provided in part 7045.0665, hazardous waste used for precious metals recovery…

7045.0127 RESIDUES IN EMPTY CONTAINERS AND EMPTY INNER LINERS. Subpart 1. Scope. Any hazardous waste remaining in an empty container or an empty inner liner removed from an empty container, as defined in subparts 2 to 4 is not subject to regulation under parts 7045.0102 to 7045.1…

7045.0129 CRITERIA FOR LISTING HAZARDOUS WASTE. Subpart 1. Criteria used by agency for listing hazardous waste. The agency shall list a waste as hazardous if: A. the waste exhibits any of the characteristics of hazardous waste in part 7045.0131; B. the waste has been found to be …

7045.0130 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0131 CHARACTERISTICS OF HAZARDOUS WASTE. Subpart 1. In general. A waste which is not excluded from regulation as a hazardous waste under part 7045.0120 is a hazardous waste if it exhibits ignitability, corrosivity, reactivity, toxicity, lethality, or is an oxidizer, as descr…

7045.0133 EXEMPTION FROM REGULATION DUE TO LETHALITY. Subpart 1. In general. A generator's waste that exhibits the characteristics of lethality as described in part 7045.0131, subpart 6, may be exempted from regulation under parts 7045.0102 to 7045.1390 if the generator can demon…

7045.0135 LISTS OF HAZARDOUS WASTES. Subpart 1. [Repealed, 33 SR 2042] Subp. 1a. Incorporation by reference of federal regulations. The following lists of hazardous wastes found in Code of Federal Regulations, title 40, part 261, subpart D, as amended, are incorporated by referen…

7045.0137 SMALL AMOUNTS OF UNRELATED CHEMICALS. A collection of small amounts of unrelated but compatible chemicals, including those for which the description of any sample or set of samples is not representative of the total waste, for example a lab pack, has the hazardous waste…

7045.0139 BASIS FOR LISTING HAZARDOUS WASTES. Subpart 1. General. The basis for listing hazardous waste is found in part 7045.0155, subpart 1, item B, which incorporates Code of Federal Regulations, title 40, part 261, Appendix VII, Basis for Listing Hazardous Waste. Part 7045.01…

7045.0140 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0141 HAZARDOUS CONSTITUENTS. Subpart 1. [Renumbered by amendment as subp. 2, 13 SR 577] Subpart 1. Scope. The hazardous constituents list is found in part 7045.0155, subpart 1, item C, which incorporates Code of Federal Regulations, title 40, part 261, Appendix VIII, Hazardo…

7045.0142 [Repealed, 10 SR 1688] Published Electronically: October 10, 2013

7045.0143 GROUNDWATER PROTECTION HAZARDOUS CONSTITUENTS LIST. Subpart 1. Scope. The groundwater protection hazardous constituents list is found in part 7045.0543, subpart 1, item D, which incorporates Code of Federal Regulations, title 40, part 264, Appendix IX, Ground Water Moni…

7045.0145 DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING AND REPLACEMENT AT WOOD PRESERVING PLANTS. Subpart 1. Scope. Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listi…

7045.0150 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0155 APPENDICES TO IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. Subpart 1. Incorporation of federal regulations. The following appendices found in Code of Federal Regulations, title 40, part 261, as amended, are incorporated by reference: A. Appendix I, Representative Samp…

7045.0160 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0170 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0200 [Repealed by amendment, 9 SR 115] Published Electronically: October 10, 2013

7045.0205 APPLICABILITY OF GENERATOR STANDARDS. Subpart 1. Applicability to generators. Parts 7045.0205 to 7045.0325 apply to generators of hazardous waste. A generator shall comply with the generator requirements applicable to generator size as determined under part 7045.0206. S…

7045.0206 GENERATOR SIZE DETERMINATION. Subpart 1. Applicability. This part applies to all generators for purposes of determining generator size. Subp. 2. Large quantity generator. A large quantity generator is a generator who, in a calendar month, generates 1,000 kilograms of ha…

7045.0208 HAZARDOUS WASTE MANAGEMENT. Subpart 1. Management by generator. A generator must manage hazardous waste by using one of the methods described in items A to H, unless otherwise specifically exempted under this chapter. A. A generator may treat or dispose of hazardous was…

7045.0210 FINANCIAL RESPONSIBILITY OF HAZARDOUS WASTE GENERATORS. No person shall produce a hazardous waste within the state of Minnesota or produce a hazardous waste outside the state of Minnesota that is transported to a hazardous waste facility within the state of Minnesota un…

7045.0211 REQUIREMENTS FOR GENERATORS WITH ON-SITE FACILITIES. Subpart 1. Waste procedures. A generator who treats, stores, or disposes of a hazardous waste on site which has been produced on site must comply with this chapter and chapter 7001, as applicable. Subp. 2. [Repealed, …

7045.0212 TRANSFRONTIER SHIPMENTS. A. Any person who exports or imports hazardous waste subject to the manifesting requirements of parts 7045.0261 to 7045.0265 or the universal waste management standards of part 7045.1400 to or from countries listed in Code of Federal Regulations…

7045.0213 FARMERS; PESTICIDES. Subpart 1. General applicability. A farmer who generates waste pesticides which are hazardous waste must comply with the standards applicable to generators established in parts 7045.0205 to 7045.0325 except as provided in subpart 2. Subp. 2. Special…

7045.0214 EVALUATION OF WASTES. Subpart 1. General requirement. Any person who produces a waste within the state of Minnesota or any person who produces a waste outside the state of Minnesota that is managed within the state of Minnesota, must evaluate the waste to determine if i…

7045.0215 TIMING OF WASTE EVALUATION. Subpart 1. Individual wastes; combined wastes. Waste evaluation must be of the individual waste prior to any mingling or combining with other wastes. If wastes are subsequently mingled or combined, except for wastes that are mingled or combin…

7045.0216 EVALUATION REPORTS TO THE COMMISSIONER. Subpart 1. Necessary information. The commissioner may request at any time that a person producing a waste submit the results of the evaluation of the waste. The person must submit the following information as requested by the com…

7045.0217 ADDITIONAL EVALUATIONS ORDERED BY THE COMMISSIONER. If the commissioner determines that the results of the evaluation are not adequate to determine whether the waste is hazardous, the commissioner may require the person to conduct an additional evaluation. The commissio…

7045.0218 CLASSIFICATION OF WASTES AS HAZARDOUS BY THE AGENCY. If the commissioner recommends to the agency that a specific generator's waste be classified as a hazardous waste pursuant to part 7045.0129, subpart 4, the commissioner shall notify the person producing the waste in …

7045.0219 [Repealed, 16 SR 2102] Published Electronically: October 10, 2013

7045.0220 [Repealed, 16 SR 2102] Published Electronically: October 10, 2013