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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1989 

                        CHAPTER 276-H.F.No. 245 
           An act relating to environment; exempting generators 
          of small amounts of hazardous waste from 
          administrative regulation; amending Minnesota Statutes 
          1988, section 116.07, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 116.07, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADOPTION OF STANDARDS.] The pollution control 
agency shall improve air quality by promoting, in the most 
practicable way possible, the use of energy sources and waste 
disposal methods which produce or emit the least air 
contaminants consistent with the agency's overall goal of 
reducing all forms of pollution.  The agency shall also adopt 
standards of air quality, including maximum allowable standards 
of emission of air contaminants from motor vehicles, recognizing 
that due to variable factors, no single standard of purity of 
air is applicable to all areas of the state.  In adopting 
standards the pollution control agency shall give due 
recognition to the fact that the quantity or characteristics of 
air contaminants or the duration of their presence in the 
atmosphere, which may cause air pollution in one area of the 
state, may cause less or not cause any air pollution in another 
area of the state, and it shall take into consideration in this 
connection such factors, including others which it may deem 
proper, as existing physical conditions, zoning classifications, 
topography, prevailing wind directions and velocities, and the 
fact that a standard of air quality which may be proper as to an 
essentially residential area of the state, may not be proper as 
to a highly developed industrial area of the state.  Such 
standards of air quality shall be premised upon scientific 
knowledge of causes as well as effects based on technically 
substantiated criteria and commonly accepted practices.  No 
local government unit shall set standards of air quality which 
are more stringent than those set by the pollution control 
agency. 
     The pollution control agency shall promote solid waste 
disposal control by encouraging the updating of collection 
systems, elimination of open dumps, and improvements in 
incinerator practices.  The agency shall also adopt standards 
for the control of the collection, transportation, storage, 
processing, and disposal of solid waste and sewage sludge for 
the prevention and abatement of water, air and land pollution, 
recognizing that due to variable factors, no single standard of 
control is applicable to all areas of the state.  In adopting 
standards, the pollution control agency shall give due 
recognition to the fact that elements of control which may be 
reasonable and proper in densely populated areas of the state 
may be unreasonable and improper in sparsely populated or remote 
areas of the state, and it shall take into consideration in this 
connection such factors, including others which it may deem 
proper, as existing physical conditions, topography, soils and 
geology, climate, transportation, and land use.  Such standards 
of control shall be premised on technical criteria and commonly 
accepted practices. 
     The pollution control agency shall also adopt standards 
describing the maximum levels of noise in terms of sound 
pressure level which may occur in the outdoor atmosphere, 
recognizing that due to variable factors no single standard of 
sound pressure is applicable to all areas of the state.  Such 
standards shall give due consideration to such factors as the 
intensity of noises, the types of noises, the frequency with 
which noises recur, the time period for which noises continue, 
the times of day during which noises occur, and such other 
factors as could affect the extent to which noises may be 
injurious to human health or welfare, animal or plant life, or 
property, or could interfere unreasonably with the enjoyment of 
life or property.  In adopting standards, the pollution control 
agency shall give due recognition to the fact that the quantity 
or characteristics of noise or the duration of its presence in 
the outdoor atmosphere, which may cause noise pollution in one 
area of the state, may cause less or not cause any noise 
pollution in another area of the state, and it shall take into 
consideration in this connection such factors, including others 
which it may deem proper, as existing physical conditions, 
zoning classifications, topography, meteorological conditions 
and the fact that a standard which may be proper in an 
essentially residential area of the state, may not be proper as 
to a highly developed industrial area of the state.  Such noise 
standards shall be premised upon scientific knowledge as well as 
effects based on technically substantiated criteria and commonly 
accepted practices.  No local governing unit shall set standards 
describing the maximum levels of sound pressure which are more 
stringent than those set by the pollution control agency. 
     The pollution control agency shall adopt standards for the 
identification of hazardous waste and for the management, 
identification, labeling, classification, storage, collection, 
transportation, processing, and disposal of hazardous waste, 
recognizing that due to variable factors, a single standard of 
hazardous waste control may not be applicable to all areas of 
the state.  In adopting standards, the pollution control agency 
shall recognize that elements of control which may be reasonable 
and proper in densely populated areas of the state may be 
unreasonable and improper in sparsely populated or remote areas 
of the state.  The agency shall consider existing physical 
conditions, topography, soils, and geology, climate, 
transportation and land use.  Standards of hazardous waste 
control shall be premised on technical knowledge, and commonly 
accepted practices.  No local government unit shall set 
standards of hazardous waste control which are in conflict or 
inconsistent with those set by the pollution control agency. 
    A person who generates less than 100 kilograms of hazardous 
waste per month is exempt from the agency hazardous waste rules 
relating to transportation, manifesting, storage, and labeling 
for photographic fixer and X-ray negative wastes that are 
hazardous solely because of silver content.  Nothing in this 
paragraph exempts the generator from the agency's rules relating 
to on-site accumulation or outdoor storage.  A political 
subdivision or other local unit of government may not adopt 
management requirements that are more restrictive than this 
paragraph. 
    Presented to the governor May 23, 1989 
    Signed by the governor May 25, 1989, 6:12 p.m.