Minnesota Administrative Rules

7035.3600 LICENSING AND REVOCATION.

Subpart 1.

Collectors.

Any person may apply to be licensed as a collector by submitting an application to the agency upon a form provided by the agency. In the application, an applicant must demonstrate that the applicant owns or has access to at least one tow truck and equipment having the capacity to haul two or more abandoned motor vehicles at one time. Upon issuance of a license, every collector shall conduct the operation in such a manner as to satisfy the foregoing conditions. The licensee shall also keep a record in a form prescribed by the agency of all abandoned motor vehicles and other scrap metal collected, which record shall be subject to review by the site operator and the agency.

Subp. 2.

Transporters and reducers.

Any person may apply to be licensed as a transporter or reducer by submitting an application to the agency upon a form provided by the agency. In the application, the applicant must demonstrate:

A.

that the person has ready access to a market for any and all abandoned motor vehicles and other scrap metal which the person may reduce;

B.

that the person owns or has adequate transportation or reduction equipment; and

C.

that the person will provide adequate fire fighting equipment at each regional collection site.

Upon being issued a license, every transporter or reducer shall conduct the operations in such manner as to satisfy the foregoing conditions. The licensee shall also keep a record in a form prescribed by the agency, identifying all abandoned motor vehicles and other scrap metal transported or reduced, which record shall be subject to review by the site operator and the agency. Unless specifically authorized in writing by the agency, reduction of abandoned motor vehicles and other scrap metal is prohibited by open burning or incineration by means of equipment which is not subject to an agency permit. Unless specifically authorized in writing by the agency, no person shall possess, transport, employ, or use abandoned motor vehicles which have been reduced by means of open burning or incineration, unless the incinerator used in the reduction is subject to an agency permit. In the event of reduction by means of incineration pursuant to an agency permit said person shall have in possession an affidavit from the permittee holding a permit from the agency for such incinerator, verifying that the abandoned motor vehicles or other scrap metal in possession were reduced in an incinerator subject to an agency permit.

Subp. 3.

Scrap processors.

Any person may apply to be licensed as a scrap processor by submitting an application to the agency upon a form provided by the agency. In the application, the applicant must demonstrate that he or she owns or has access to a hydraulic baler, shears, shredder, or other equipment capable of converting a large volume of scrap metal to a form usable in the manufacture of new metal products. Upon issuance of a license, every scrap processor shall conduct the operation in such a manner as to satisfy the foregoing conditions. The licensee shall also keep records in a form prescribed by the agency. Such records shall be subject to review by the site operator and the agency. No person shall possess, process, employ, or use abandoned motor vehicles which have been reduced by open burning or incineration unless the incinerator used in the reduction is subject to an agency permit. In the event of reduction by means of incineration pursuant to an agency permit, said person shall have in possession an affidavit from the permittee holding a permit from the agency for such incinerator, verifying that the abandoned motor vehicles or other scrap metal in possession were reduced in an incinerator subject to an agency permit.

Subp. 4.

Revocation.

Any license is subject to revocation upon five days notice by the agency for violation of its rules, breach of contract by the licensee, conviction of a felony or gross misdemeanor, misrepresentation, or other just cause.

Statutory Authority:

MS s 116.07; 168B.10

History:

17 SR 1279

Published Electronically:

September 7, 2006