115A.175 SITING AND FACILITY DEVELOPMENT AUTHORITY; LIMITATIONS.
Subdivision 1.
Siting activity. The agency shall terminate all activity under sections
115A.18
to
115A.30 relating to the selection and evaluation of sites for hazardous waste facilities, except
as provided in this section.
Subd. 2.
Dismissal of candidate sites. All candidate sites remaining under Minnesota
Statutes 1996, section
115A.21, subdivision 1, are dismissed from further consideration as
candidate sites for hazardous waste facilities.
Subd. 3.
Alternative siting procedure. The agency shall proceed with site evaluation and
selection in accordance with sections
115A.191 to
115A.194. In evaluating and selecting sites
under sections
115A.191 to
115A.194, the agency shall act in accordance with sections
115A.18
to
115A.20, except as otherwise provided in sections
115A.191 to
115A.194.
Subd. 4.
Stabilization and containment facility; restrictions; containment standards to
protect human health and environment. No facility may be sited under sections
115A.18 to
115A.30 except a stabilization and containment facility. The facility must be above grade unless
the agency determines, after environmental review under section
115A.194, subdivision 2, that an
alternative design would provide greater protection for human health and the environment. No
waste may be accepted for containment at the facility except the following:
(a) waste rendered nonhazardous;
(b) industrial waste; and
(c) waste that is not eligible for acceptance under clause (a) or (b), if the agency determines
that all of the following requirements are met:
(1) there is no feasible and prudent alternative to containment of the waste that would
minimize adverse impact upon human health and the environment;
(2) the waste has been treated using feasible and prudent technology that minimizes the
possibility of migration of any hazardous constituents of the waste; and
(3) the waste meets the standards adopted to protect human health and the environment
under the authority of United States Code, title 42, section 6924(m), and any additional protective
standards adopted by the agency under section
116.07, subdivision 4.
If no federal or state standards have been adopted for a waste as provided in clause (3), the
waste may not be accepted for containment.
A person proposing a waste for containment at the facility has the burden of demonstrating
that the waste may be accepted under the requirements of this subdivision. The demonstration
under clause (c) must document in a form satisfactory to the agency the manner in which the
person has attempted to meet the standard for acceptance of the waste under clause (a) and the
characteristics of the waste that prevent compliance with that standard.
Subd. 5.
Agency adoption of rules. The agency shall adopt rules under chapter 14
establishing procedures by which a person must demonstrate that a hazardous waste can be
accepted by the facility as provided in subdivision 4. The agency shall adopt all rules necessary
to implement the provisions of subdivision 4 and this subdivision before granting any permit
for operation of the facility.
History: 1986 c 425 s 23; 1989 c 335 art 1 s 269; 1999 c 86 art 1 s 20; 1Sp2005 c 1 art 2
s 161