Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Applicants.
To obtain clearance, a person must complete, sign, and submit
an application to the board. The application for clearance for a facility which
will be owned by one person and operated by another must be signed by both the
owner and the operator.
Subp.
2.
General contents.
An application must be in the form specified by the board and
must contain the following information:
A. the complete name of the applicant, all
other names under which the applicant has done business during the ten years
prior to the application, and the approximate times during which those names
were used;
B. the principal
business address of the applicant, all other addresses from which the applicant
has done business during the ten years prior to the application, and the
approximate times during which those addresses were used;
C. the form of the applicant's business
indicating the type of business association;
D. a general description of the types and
amounts of hazardous waste the facility would be capable of handling and a
general description of the proposed operation including methods of accepting,
storing, and processing hazardous waste;
E. the names and addresses of all officers,
partners, or directors of the applicant; and
F. the following information concerning any
notices, stipulation agreements, administrative orders, license revocations, or
permit revocations issued by any state or federal authority citing a violation
of any administrative rule, regulation, or statute relating to hazardous waste
management against the applicant or against any officer, director, or partner
of the applicant within the last ten years, and any judgment or conviction
under any state or federal rule, regulation, or statute or local ordinance
concerning hazardous waste management entered against the applicant or against
any officer, director, or partner of the applicant which has been issued within
the last ten years:
(1) the name and address
of the individual or company involved;
(2) the date and nature of the
incident;
(3) the agency or
individual taking the action; and
(4) the response made by the individual or
company to correct or contest the violation.
Subp. 3.
Technical information.
An application must contain the following information:
A. the duties and responsibilities of
subcontractors and the anticipated operating staff, including job descriptions
and qualifications of technical management, supervisory, and operating
employees, and an organizational chart of the applicant for operation of the
proposed facility; and
B. a
disclosure of hazardous waste management related business activities which the
applicant, its parent corporation, any subsidiary of the applicant, or any
other subsidiary of the parent corporation of the applicant is or has been
engaged in during the ten years prior to the date of the application,
including:
(1) the approximate times during
which the activity has been engaged in; and
(2) if the activity involves operation and
maintenance of a waste management facility:
(a) the location of each facility and a
description of the type of facility;
(b) the processes used;
(c) the facility capacity and approximate
amount of waste handled annually;
(d) the date the operation began and the date
it closed if the facility is no longer operating;
(e) any licenses or permits issued for the
facility; and
(f) the reasons for
discontinuing the activity if it has been discontinued.
Subp. 4.
Development plan and financial information.
An application must contain the following information:
A. a statement of the anticipated development
plan for the proposed facility including the following:
(1) facility design;
(2) environmental reports;
(3) hearings on permit application;
(4) community relations activities;
(5) marketing;
(6) preparation of permit
application;
(7) site acquisition
and preparation;
(8)
construction;
(9) equipment and
materials acquisitions;
(10)
operator recruitment and training;
(11) first year operation;
(12) monitoring;
(13) insurance; and
(14) contingencies;
B. a statement of the total anticipated
expenditures for the project and an indication of how those expenditures will
be financed;
C. for each of the
items in the development plan, when applicable, whether the activity will be
carried out by personnel currently employed by the applicant, by personnel who
will be employed by the applicant in the future, or by independent
contractors;
D. a description of
potential or contingent liabilities which could materially alter the
applicant's future financial position; and
E. a disclosure of any petition filed by the
applicant or its parent corporation within the last five years under the
Federal Bankruptcy Act or any state insolvency law.
Subp. 5.
Additional information.
The chair may require an applicant to submit additional
information or may undertake additional investigations if the chair determines
that the information would be necessary in deciding whether clearance should be
granted.
Subp. 6.
Deficient application.
If an application does not conform to this part, the chair
shall, within 30 days after receipt of the application, return it to the
applicant with a statement identifying the deficiencies in the
application.
Subp. 7.
Acceptance of application.
The chair shall accept a completed application on behalf of the
board if it conforms to this rule.
Subp.
8.
Notification of acceptance.
Upon acceptance of a complete application, the chair shall
promptly notify each political subdivision which contains an area on the
board's inventory of preferred areas for processing facilities. The chair shall
also publish notice of the application in a newspaper of statewide
distribution. The notice must provide that comments on the application may be
submitted to the board within 30 days of the date the application was
accepted.
Subp. 9.
Initial consideration.
The board shall initially consider an application not less than
30 nor more than 60 days after its acceptance.
Statutory Authority: MS s
115A.10