2006 Minnesota Statutes

400.161 HAZARDOUS WASTE REGULATIONS.
(a) The county may by ordinance establish and revise rules, regulations, and standards
relating to (1) identification of hazardous waste, (2) the labeling and classification of hazardous
waste, (3) the collection, transportation, processing, disposal, and storage of hazardous waste,
and (4) other matters as may be determined necessary for the public health, welfare, and safety.
The county may issue permits or licenses for hazardous waste generation and may require the
generators be registered with a county office. The ordinance may require appropriate procedures
for the payment by the generator of any costs incurred by the county in completing such
procedures. If the generator fails to complete such procedures, the county may recover the costs
of completion in a civil action in any court of competent jurisdiction or, in the discretion of
the board, the costs may be certified to the county auditor as a special tax against the land
as other taxes are collected. The ordinance may be enforced by injunction, action to compel
performance, other action in district court, or administrative penalty order authorized under
section 116.072. County hazardous waste ordinances shall embody and be consistent with agency
hazardous waste rules. Counties shall submit adopted ordinances to the agency for review. In
the event that agency rules are modified, each county shall modify its ordinances accordingly
and shall submit the modification to the agency for review within 120 days. Issuing, denying,
modifying, imposing conditions upon, or revoking permits or licenses and county hazardous
waste regulations and ordinances shall be subject to review, denial, suspension, modification,
and reversal by the Pollution Control Agency. The Pollution Control Agency shall after written
notification have 15 days in the case of hazardous waste permits and licenses and 30 days in the
case of hazardous waste ordinances to review, deny, suspend, modify, or reverse the action of
the county. After this period, the action of the county board shall be final subject to appeal to the
district court as provided in section 115.05.
(b) A county may not impose a fee under this section on material that is reused at the
facility where the material is generated in a manner that the facility owner or operator can
demonstrate does not increase the toxicity of, or the level of hazardous substances or pollutants or
contaminants in, products that leave the facility.
History: 1974 c 346 s 7; 1980 c 564 art 9 s 7; 1981 c 352 s 30; 1992 c 593 art 1 s 39;
1995 c 247 art 1 s 46