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7035.2860 BENEFICIAL USE OF SOLID WASTE.

Subpart 1.

Applicability.

This part establishes a procedure for determining when use of a material classified as a solid waste is a beneficial use. The uses listed in subpart 4 as standing beneficial use determinations have been reviewed and determined to be beneficial uses of solid waste by the agency. All other proposed uses of solid wastes must obtain case-specific beneficial use determinations in accordance with the procedures in subpart 5. The following exemptions are provided:

A.

Beneficial uses authorized to occur by an agency permit or legally binding document issued prior to March 15, 2004, are exempt from this part. Upon expiration of the authorization, the procedure for obtaining a case-specific beneficial use determination in subpart 5 must be followed.

B.

Recyclable materials recycled in accordance with part 7035.2845 and Minnesota Statutes, section 115A.03, subdivision 25, are exempt from this part.

C.

Recyclable materials that are not exempt under item B are exempt from the requirement to obtain a case-specific beneficial use determination under subpart 5 when they are incorporated into a manufactured product as defined by part 7035.0300, subpart 62a.

D.

Composts that are used in accordance with the standards contained in part 7035.2836 are exempt from this part.

Subp. 2.

Beneficial use standards.

To constitute a beneficial use under this part, the following standards must be met:

A.

the solid waste must not be stored in anticipation of speculative future markets;

B.

the solid waste must be adequately characterized in accordance with part 7035.2861;

C.

the solid waste must be an effective substitute for an analogous material or a necessary ingredient in a new product;

D.

the use of the solid waste does not adversely impact human health or the environment; and

E.

the solid waste must not be used in quantities that exceed accepted engineering or commercial standards. Excess use of solid waste is not authorized by this part and is considered disposal.

Subp. 3.

Regulatory exemption.

Unless specified otherwise by the agency in a beneficial use determination or permit, a material remains a solid waste until it is incorporated into a manufactured product or utilized in accordance with a standing or a case-specific beneficial use determination. Until the time this regulatory exemption occurs, the material must be stored in compliance with part 7035.2855 and managed as a solid waste in accordance with this chapter.

Subp. 4.

Standing beneficial use determinations.

A standing beneficial use determination means that the generator or end user of a material can do so in accordance with this subpart without contacting the agency. Only those specific solid wastes and the uses designated in items A to Q have been given standing beneficial use determinations. Any other uses of the solid waste are not authorized and must follow the procedure outlined in subpart 5.

A.

Unadulterated wood, wood chips, bark, or sawdust when these materials are used as mulch, landscaping, animal bedding, erosion control, wood fuel production, a bulking agent at a compost facility operated in compliance with part 7035.2836, or as a substitute for wood.

B.

Unadulterated newspaper and newsprint when used as animal bedding, insulation, or as a substitute for paper products.

C.

Uncontaminated glass when used as a sandblast agent.

D.

Unusable latex paints, characterized as high solid content, off-specification colors, sour, frozen, or poor quality, when used to produce processed latex pigment for use as an additive for the production of ASTM-specified specialty cement.

E.

Reclaimed glass and porcelain fixtures when used as a substitute for conventional aggregate or subgrade applications in accordance with Minnesota Department of Transportation Standard Specifications for Construction 2000 Edition, 3138.2 A2.

F.

Crumb rubber when used in asphalt paving or applications where it is used as a substitute for rubber or similar elastic material.

G.

Tire shreds when used as lightweight fill in the construction of public roads in accordance with Minnesota Statutes, section 115A.912, subdivision 4.

H.

Tire chips when used as a substitute for conventional aggregate in construction applications when the ratio of this substitution is no greater than one to one by volume. This does not include use of tire chips as general construction fill or clean fill.

I.

Uncontaminated recognizable concrete, recycled concrete and concrete products, and brick when used for service as a substitute for conventional aggregate.

J.

Salvaged bituminous when used as a substitute for conventional aggregate in accordance with Minnesota Department of Transportation Standard Specifications for Construction 2000 Edition, 3138.2 A2.

K.

Coal combustion slag when used as a component in manufactured products such as roofing shingles, ceiling tiles, or asphalt products.

L.

Coal combustion slag when used as a sand blast abrasive.

M.

Coal combustion fly ash as defined by ASTM C 618 when used as a pozzolan or cement replacement in the formation of high-strength concrete.

N.

Coal combustion fly ash or coal combustion gas scrubbing by-products when used as an ingredient for production of aggregate that will be used in concrete or concrete products. This does not include use in flowable fill.

O.

Foundry sand when used as a feed material for the manufacture of Portland cement.

P.

Uncontaminated by-product limes when used as agricultural liming materials and distributed in accordance with chapter 1508 and Minnesota Statutes, sections 18C.531 to 18C.575. Application rates for by-product limes must be based on the lime recommendations of the University of Minnesota Extension Service and cannot cause the soil pH to exceed 7.1 after application. Site-specific application rates for by-product lime must be determined by an individual that has a background and understanding of crop nutrient management such as a crop consultant or University of Minnesota Extension Specialist. Recommended rates for lime can be obtained from the University of Minnesota Extension Service publication "Fertilizer Recommendations for Agronomic Crops in Minnesota" BU-06240-S, and the Minnesota Department of Agriculture publication "Ag-Lime Recommendations in Pounds ENP per acre" available on their Web site at http://www.mda.state.mn.us/lime.

Q.

Manufactured shingle scrap and ground tear-off shingle scrap when used in asphalt pavement or road subbases.

Subp. 5.

Case-specific beneficial use determinations.

For uses of a solid waste not identified in subpart 4, the agency shall make a case-by-case determination on whether the proposed management option for the specific solid waste is a beneficial use. This determination must be based on information submitted in accordance with this subpart. In cases where the information required by this subpart is not available, a demonstration/research project designed to provide the missing information may be proposed in accordance with part 7035.0450. Unless otherwise directed by the agency, proposals must include the following information at a minimum:

A.

a description of the solid waste, manner in which it is generated, quantity generated, quantity to be utilized, and its proposed end use;

B.

results of chemical and physical characterization of the solid waste done in accordance with part 7035.2861;

C.

an evaluation of the human health and environmental impacts the proposed use may have and a comparison of these impacts with those from other management alternatives for the solid waste;

D.

verification that the end product complies with industry standards and specifications for its intended use and a comparison of the chemical and physical characteristics of the solid waste proposed for use with the material it will replace;

E.

a description of the routine sampling and analysis that will be conducted of the solid waste to ensure that the information submitted for review is representative and the solid waste has consistent characteristics. The description must include the procedure and frequency of sampling and analysis, parameters to be analyzed, analysis methods, and laboratory reporting limits to be used;

F.

a copy of a contract to purchase or use the proposed product or other documentation proving that a market for the proposed product or use exists;

G.

a detailed description of how and where the product will be distributed. This should also include a detailed description of how the solid waste will be managed from the time it is generated until the time it will be utilized and the management practices that will be in place to ensure that human health and the environment are protected;

H.

the following information related to the management of solid waste stored prior to its use:

(1)

a complete description of the types of storage to be used prior to beneficial use; and

(2)

a description of how the solid waste will be managed to meet the requirements in part 7035.2855;

I.

a description of any wastes that will need to be managed as a result of beneficially using the solid waste;

J.

verification that local units of government with authority to regulate the proposed process or use of the solid waste have received a copy of this application and have been provided information on who to contact at the agency to provide comments on the proposed beneficial use activity; and

K.

a proposal for notification of interested or affected parties. The agency shall review this proposal and make a determination on the appropriate notification procedures.

Subp. 6.

Agency actions.

Upon completing review of the information submitted under subpart 5, the commissioner will take one of the following actions:

A.

request additional information for evaluation of the proposal;

B.

notify the proposer in writing, that a beneficial use determination has been made and the commissioner agrees the proposed use of the solid waste is beneficial. If the determination is conditional, the notification must include the conditions; or

C.

deny the request for a case-specific beneficial use determination.

If the request is denied, the proposer must obtain a permit or variance before the solid waste can be managed in the manner proposed. If a permit is required, the type of permit issued may be a state disposal system or a solid waste management facility permit depending on the type of environmental concerns that need to be addressed by the permit.

Subp. 7.

Reporting requirements.

Proposers that have applied for and received case-specific beneficial use determinations according to subpart 5 must submit a report to the county in which the solid waste is generated annually by January 31. The report must contain a description of the type and quantity of solid waste beneficially used during the time period from January 1 to December 31 of the previous year. The Minnesota Pollution Control Agency will provide a format for submitting this report.

Subp. 8.

Modification of a beneficial use determination.

The commissioner may modify conditions attached to any beneficial use determination made under subpart 5 if the commissioner finds, on the basis of new information, that new conditions are necessary to protect human health and the environment.

Subp. 9.

Revocation of a beneficial use determination.

The commissioner may revoke any beneficial use determination made under subpart 5 if the commissioner finds, on the basis of new information, the standards in subpart 2 are not being met. If the commissioner revokes a beneficial use determination, use of the solid waste can only continue if authorized by a permit and/or a variance is obtained. The commissioner shall provide a reasonable amount of time for the proposer to apply for a permit or variance or to terminate the regulated activity.

Subp. 10.

Public information.

The agency shall post all case-specific beneficial use determinations made by the agency on its Web site.

Statutory Authority:

MS s 116.07

History:

28 SR 1086; L 2005 1Sp1 art 2 s 161

Published Electronically:

September 7, 2006

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569