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7001.3550 MODIFICATION OF SOLID WASTE MANAGEMENT FACILITY PERMITS; REVOCATION AND REISSUANCE OF PERMITS.

Subpart 1.

Scope.

In addition to parts 7001.0170, 7001.0180, and 7001.0190, subparts 2 and 3 apply to the modification, revocation, and reissuance of solid waste management facility permits.

Subp. 2.

Additional justification for modification of solid waste management facility permits or revocation and reissuance of permits.

In addition to the reasons listed in part 7001.0170, the commissioner may commence proceedings to modify a permit, or to revoke and reissue a permit if:

A.

the commissioner determines that modification of a closure plan or a postclosure plan is required by part 7035.2625 or 7035.2645;

B.

the permittee requests an extension of the 30-day or 60-day periods in parts 7035.2625 to 7035.2655;

C.

the commissioner receives notification of closure under part 7035.2625 in advance of the date in the permit;

D.

the commissioner determines that modification of the 20-year postclosure period provided in parts 7035.2645 and 7035.2655 is necessary;

E.

the commissioner determines that the permittee has made the demonstration required by parts 7035.2645 and 7035.2655, so that disturbance of the integrity of the containment system is authorized;

F.

the permittee files a request under parts 7035.2665 to 7035.2805 for a variance from the required level of financial responsibility;

G.

the commissioner determines under parts 7035.2665 to 7035.2805 that an upward adjustment of the level of financial responsibility is required;

H.

the commissioner determines that the corrective action program in part 7035.2615 has not brought the facility into compliance with the ground water protection standard within the specified period of time;

I.

the commissioner determines that conditions applicable to facilities were not previously included in the facility's permit; and

J.

the county in which the facility is located has not received a certificate of need or an amended certificate of need, as required by Minnesota Statutes, section 115A.917, or a facility owner in the metropolitan area has not received a certificate of need or an amended certificate of need in accordance with Minnesota Statutes, section 473.823, subdivision 6.

Subp. 3.

Minor modifications of permits.

In addition to the corrections or allowances listed in part 7001.0190, subpart 3, if the permittee consents, the commissioner may modify a permit to make the corrections or allowances in items A to G without following the procedures in parts 7001.0100 to 7001.0130:

A.

change the expected year of closure under parts 7035.2625 and 7035.2635;

B.

change schedules for final closure under parts 7035.2625 and 7035.2635;

C.

change the list of equipment in the permittee's contingency action plan;

D.

change the list of emergency contractors in the permittee's contingency or emergency plan;

E.

change the construction schedule for opening and closing approved phases in the permittee's development plans;

F.

change monitoring frequencies; and

G.

change a provision in the permit that will not result in an increase in the emission or discharge of a pollutant into the environment, or that will not reduce the agency's ability to monitor compliance with applicable statutes and rules.

For facilities in the metropolitan area, items A, B, and F must be reviewed and approved by the Metropolitan Council prior to agency approval of the modification.

Statutory Authority:

MS s 115.03; 116.07

History:

13 SR 1150

Published Electronically:

July 13, 2009