Minnesota Administrative Rules

9220.0110 DEFINITIONS.

Subpart 1.

Applicability.

For the purposes of parts 9220.0100 to 9220.0180, the terms in subparts 2 to 22 have the meanings given them.

Subp. 2.

Abate or abatement.

"Abate" or "abatement" means processing and removing waste tires in a manner accepted by the agency.

Subp. 3.

Abatement increment.

"Abatement increment" means period of time, not greater than six months and not less than one month, as specified in an abatement plan, during which a specified number of waste tires will be removed from the tire dump and processed.

Subp. 4.

Agency.

"Agency" means the Pollution Control Agency.

Subp. 5.

Commissioner.

"Commissioner" means the commissioner of the Pollution Control Agency.

Subp. 6.

Flood plain.

"Flood plain" means any land area that is subject to a one percent or greater chance of flooding in any given year from any source.

Subp. 7.

Operator.

"Operator" means the person responsible for the overall operation of the tire dump. A tire dump operator is a tire collector as defined in Minnesota Statutes, section 115A.90, subdivision 8.

Subp. 7a.

Oversize waste tires.

"Oversize waste tires" means a waste tire exceeding a 35-inch outside diameter, or a 14-inch width.

Subp. 8.

Owner.

"Owner" means a person who owns, in whole or in part, the waste tires located in a tire dump, or the land on which the tire dump is located. As used in parts 9220.0100 to 9220.0180, "owner" includes one who holds an interest in the property on which the tire dump is located, as in the case of a lessee. An owner is a tire collector as defined in Minnesota Statutes, section 115A.90, subdivision 8.

Subp. 9.

Person.

"Person" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 5.

Subp. 10.

Processing.

"Processing" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 6.

Subp. 11.

Ravine.

"Ravine" means a deep, narrow cleft or gorge in the earth's surface. A ravine cannot be smoothed out by ordinary tillage.

Subp. 12.

Residuals from processing.

"Residuals from processing" means the unusable material resulting from any chemical or physical processing of waste tires.

Subp. 13.

Responsible tire collector.

"Responsible tire collector" means a person who is the recipient of the abatement request. A responsible tire collector is an owner or operator of a tire dump, as defined in this part.

Subp. 14.

Shoreland.

"Shoreland" means land located within 1,000 feet from the normal high water mark of a lake, pond, or flowage, or land within 300 feet of a river or stream, or a flood plain as established by ordinance.

Subp. 15.

Sinkhole.

"Sinkhole" means a closed depression formed by subsidence of the underlying bedrock.

Subp. 16.

Tire.

"Tire" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 7.

Subp. 17.

Tire collector.

"Tire collector" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 8.

Subp. 18.

Tire-derived products.

"Tire-derived products" means usable materials produced from the chemical or physical processing of a waste tire.

Subp. 19.

Tire dump.

"Tire dump" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 9.

Subp. 20.

Tire processor.

"Tire processor" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 10.

Subp. 21.

Waste tire.

"Waste tire" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 11.

Subp. 22.

Wetland.

"Wetland" means any area that is covered by standing water during any portion of a year. As used in this part, "wetland" includes but is not limited to wetlands as defined in Classification of Wetlands and Deep Water Habitats of the United States, 1979. This publication was issued by the United States Department of the Interior, Fish and Wildlife Service, Washington, D.C. 20402. This publication is available at the Minnesota State Government Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota. This publication is incorporated into this definition by reference and is not subject to frequent change.

Statutory Authority:

MS s 115A.914

History:

11 SR 1113; 12 SR 2426; L 1999 c 73 s 5

Published Electronically:

October 2, 2007