2006 Minnesota Statutes

116.06 DEFINITIONS.
    Subdivision 1. Applicability. The definitions given in this section shall obtain for the
purposes of sections 116.01 to 116.075 except as otherwise expressly provided or indicated
by the context.
    Subd. 2. Air contaminant or air contamination. "Air contaminant" or "air contamination"
means the presence in the outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas,
or other gaseous, fluid, or particulate substance differing in composition from or exceeding in
concentration the natural components of the atmosphere.
    Subd. 3.MS 1990 [Renumbered subd 4]
    Subd. 3. Air contaminant treatment facility or treatment facility. "Air contaminant
treatment facility" or "treatment facility" means any structure, work, equipment, machinery,
device, apparatus, or other means for treatment of an air contaminant or combination thereof to
prevent, abate, or control air pollution.
    Subd. 4.MS 1990 [Renumbered subd 9]
    Subd. 4. Air pollution. "Air pollution" means the presence in the outdoor atmosphere of any
air contaminant or combination thereof in such quantity, of such nature and duration, and under
such conditions as would be injurious to human health or welfare, to animal or plant life, or to
property, or to interfere unreasonably with the enjoyment of life or property.
    Subd. 4a. Animal unit. "Animal unit" means a unit of measure used to compare differences
in the production of animal manure that employs as a standard the amount of manure produced
on a regular basis by a slaughter steer or heifer for an animal feedlot or manure storage area
calculated by multiplying the number of animals of each type in clauses (1) to (9) by the
respective multiplication factor and summing the resulting values for the total number of animal
units. For purposes of this chapter, the following multiplication factors apply:
(1) one mature dairy cow, whether milked or dry:
(i) over 1,000 pounds, 1.4 animal units; or
(ii) under 1,000 pounds, 1.0 animal unit;
(2) one cow and calf pair, 1.2 units;
(3) one calf, 0.2 unit;
(4) one slaughter steer, 1.0 animal unit;
(5) head of feeder cattle or heifer, 0.7 unit;
(6) one head of swine:
(i) over 300 pounds, 0.4 animal unit;
(ii) between 55 pounds and 300 pounds, 0.3 animal unit; and
(iii) under 55 pounds, 0.05 animal unit;
(7) one horse, 1.0 animal unit;
(8) one sheep or lamb, 0.1 animal unit;
(9) one chicken:
(i) one laying hen or broiler, if the facility has a liquid manure system, 0.033 animal unit; or
(ii) one chicken if the facility has a dry manure system:
(A) over five pounds, 0.005 animal unit; or
(B) under five pounds, 0.003 animal unit;
(10) one turkey:
(i) over five pounds, 0.018 animal unit; or
(ii) under five pounds, 0.005 animal unit;
(11) one duck, 0.01 animal unit; and
(12) for animals not listed in clauses (1) to (8), the number of animal units is the average
weight of the animal in pounds divided by 1,000 pounds.
    Subd. 5.MS 1990 [Renumbered subd 10]
    Subd. 5. Assistant commissioner. "Assistant commissioner" means the assistant
commissioner of the Minnesota Pollution Control Agency.
    Subd. 6.MS 1990 [Renumbered subd 3]
    Subd. 6. Collection. "Collection" of waste has the meaning given it in section 115A.03.
    Subd. 7.MS 1990 [Renumbered subd 18]
    Subd. 7. Deputy commissioner. "Deputy commissioner" means the deputy commissioner
of the Minnesota Pollution Control Agency.
    Subd. 8.MS 1990 [Renumbered subd 17]
    Subd. 8. Disposal. "Disposal" of waste has the meaning given it in section 115A.03.
    Subd. 9.MS 1990 [Renumbered subd 14]
    Subd. 9. Emission. "Emission" means a release or discharge into the outdoor atmosphere of
any air contaminant or combination thereof.
    Subd. 9a.[Renumbered subd 23]
    Subd. 9b.[Renumbered subd 24]
    Subd. 9c.[Renumbered subd 6]
    Subd. 9d.[Renumbered subd 19]
    Subd. 9e.[Renumbered subd 8]
    Subd. 9f.[Renumbered subd 12]
    Subd. 9g.[Renumbered subd 13]
    Subd. 9h.[Renumbered subd 20]
    Subd. 9i.[Renumbered subd 21]
    Subd. 10.MS 1990 [Renumbered subd 22]
    Subd. 10. Emission facility. "Emission facility" means any structure, work, equipment,
machinery, device, apparatus, or other means whereby an emission is caused to occur.
    Subd. 11.MS 1990 [Renumbered subd 15]
    Subd. 11. Hazardous waste. "Hazardous waste" means any refuse, sludge, or other waste
material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid, or
contained gaseous form which because of its quantity, concentration, or chemical, physical, or
infectious characteristics may (a) cause or significantly contribute to an increase in mortality or
an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial
present or potential hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste
materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and
corrosives. Hazardous waste does not include source, special nuclear, or by-product material as
defined by the Atomic Energy Act of 1954, as amended.
    Subd. 12.MS 1990 [Renumbered subd 16]
    Subd. 12. Intrinsic hazard. "Intrinsic hazard" of a waste has the meaning given it in section
115A.03.
    Subd. 13.MS 1990 [Renumbered subd 11]
    Subd. 13. Intrinsic suitability. "Intrinsic suitability" of a land area or site has the meaning
given it in section 115A.03.
    Subd. 14.MS 1990 [Renumbered subd 7]
    Subd. 14. Land pollution. "Land pollution" means the presence in or on the land of any
waste in such quantity, of such nature and duration, and under such condition as would affect
injuriously any waters of the state, create air contaminants or cause air pollution.
    Subd. 15.MS 1990 [Renumbered subd 5]
    Subd. 15. Noise. "Noise" means any sound not occurring in the natural environment,
including, but not limited to, sounds emanating from aircraft and highways, and industrial,
commercial, and residential sources.
    Subd. 16. Noise pollution. "Noise pollution" means the presence in the outdoor atmosphere
of any noise or combination of noises in such quantity, at such levels, of such nature and duration
or under such conditions as could potentially be injurious to human health or welfare, to animal or
plant life, or to property, or could interfere unreasonably with the enjoyment of life or property.
    Subd. 17. Person. "Person" means any human being, any municipality or other governmental
or political subdivision or other public agency, any public or private corporation, any partnership,
firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal
representative of any of the foregoing, or any other legal entity, but does not include the Pollution
Control Agency.
    Subd. 18. Potential air contaminant storage facility or storage facility. "Potential air
contaminant storage facility" or "storage facility" means any structure, work, equipment, device,
apparatus, tank, container, or other means for the storage or confinement, either stationary or in
transit, of any substance which, if released or discharged into the outdoor atmosphere, might
cause air contamination or air pollution.
    Subd. 19. Processing. "Processing" of waste has the meaning given it in section 115A.03.
    Subd. 20. Sewage sludge. "Sewage sludge" has the meaning given it in section 115A.03.
    Subd. 21. Sludge. "Sludge" means any solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or
air contaminant treatment facility, or any other waste having similar characteristics and effects.
    Subd. 22. Solid waste. "Solid waste" means garbage, refuse, sludge from a water supply
treatment plant or air contaminant treatment facility, and other discarded waste materials and
sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial,
commercial, mining, and agricultural operations, and from community activities, but does not
include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage
sludge; solid or dissolved material in domestic sewage or other common pollutants in water
resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or
discharges which are point sources subject to permits under section 402 of the Federal Water
Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source,
special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
    Subd. 23. Waste. "Waste" has the meaning given it in section 115A.03.
    Subd. 24. Waste management. "Waste management" has the meaning given it in section
115A.03.
History: 1967 c 882 s 6; 1969 c 1046 s 3,4; 1971 c 727 s 1,2; 1973 c 35 s 29; 1974 c 346 s
1; 1974 c 483 s 3,4; 1980 c 564 art 11 s 1-4; 1Sp1981 c 4 art 1 s 74; 1983 c 373 s 42,43; 1987 c
186 s 15; 2000 c 435 s 3