Notwithstanding any other provision of parts 7001.0010 to 7001.0210 or 7001.0500 to 7001.0730, if the commissioner finds that there is an imminent and substantial danger to human health or the environment, the commissioner may issue a temporary emergency permit to the owner or operator of a facility to allow treatment, storage, or disposal of a hazardous waste which the owner or operator is not otherwise permitted to treat, store, or dispose. This permit is contingent upon the approval of the agency.
The emergency permit must be issued in writing, except that emergency permission to treat, store, or dispose of the hazardous waste may be given orally if circumstances warrant. If oral permission is given, the commissioner shall, within five days after the date of giving of permission, issue a written permit.
The emergency permit may not exceed 90 days in duration.
The emergency permit must clearly specify the hazardous waste to be received and the manner and location of its treatment, storage, or disposal.
The emergency permit is subject to termination at any time if the commissioner determines that termination is appropriate to protect human health or the environment.
At the time the commissioner issues an emergency permit the commissioner shall also notify the public of the emergency issuance of the permit. This notification must include:
the address and telephone number of the main agency office and the applicable regional office and the name of a person who may be contacted for additional information;
the name and location of the permitted hazardous waste facility;
a brief description of the wastes involved;
a brief description of the action authorized and the reasons for authorizing it; and
the duration of the emergency permit.
The commissioner shall present the permit to the agency for approval at its next meeting. If no final action is taken by the agency at this meeting, the permit continues in effect until its expiration date or until the agency takes final action, whichever occurs first.
MS s 116.07
8 SR 2276; L 1987 c 186 s 15; 33 SR 2042
July 13, 2009