Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 7000 - PROCEDURAL RULES
GENERALLY
Part 7000.0100 - DEFINITIONS
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Scope.
As used in this chapter the following words shall have the meanings given them.
Subp. 1a. Administrative law judge.
"Administrative law judge" means the person assigned by the chief administrative law judge pursuant to Minnesota Statutes, section 14.50, to preside at a rulemaking hearing or contested case hearing.
Subp. 2. Agency or agency members.
"Agency" or "agency members" means the Minnesota Pollution Control Agency in general and is used to refer to actions or functions of the Pollution Control Agency that are not necessarily those of the commissioner or board members as individuals.
Subp. 2a. Board.
"Board" means the commissioner and eight members appointed by the governor, by and with the advice and consent of the senate as prescribed in Minnesota Statutes, section 116.02, subdivision 1.
Subp. 2b. Commissioner.
"Commissioner" means the executive secretary and chief executive officer of the Minnesota Pollution Control Agency as prescribed in Minnesota Statutes, section 116.04.
Subp. 2c. Contested case.
"Contested case" has the meaning given in Minnesota Statutes, section 14.02, subdivision 3.
Subp. 3. Days.
"Days" means calendar days.
Subp. 4. [Repealed by amendment, L 1987 c 186 s 15]
Subp. 5. Emergency.
"Emergency" means imminent and substantial danger to the health and welfare of the people of the state, or any part thereof, as a result of the pollution of air, land, or water.
Subp. 5a. Interested person.
"Interested person" means persons who have submitted their names and addresses to the board or the commissioner for inclusion on a board or commissioner list of persons to receive notice concerning a specific board or commissioner matter. Persons can place their names and addresses on a board or commissioner list for a specific matter by:
In addition, for any matter regarding a permit, the permittee is an interested person.
Subp. 5b. Material issue of fact.
A "material issue of fact" means a fact question, as distinguished from a policy question, whose resolution could have direct bearing on a final board or commissioner decision.
Subp. 6. [Repealed, 19 SR 1310]
Subp. 7. Order.
"Order" means any written command or direction made by the board or the commissioner, as provided by law.
Subp. 8. Permit.
"Permit" means every discharge, emission, and disposal authorization, every construction, installation, or operation authorization, and every other board or commissioner authorization designated permit in Minnesota Statutes, chapters 115 and 116, as now in force or hereafter amended, including Minnesota Statutes, sections 115.03, subdivision 1; 115.07; 116.07, subdivision 4, clause (a); 116.081; and 116.091. "Permit" does not include an "order," "variance," or "stipulation agreement" as defined in this part, and does not include a "certification."
Subp. 9. Person.
"Person" means any human being, any municipality or other governmental or political subdivision or other public department or agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a court of law, or any legal representative of any of the foregoing, but does not include the board or the commissioner.
Subp. 10. Public informational meeting.
"Public informational meeting" means a meeting called by the board or the commissioner to solicit public comment and statements on a matter before the board or commissioner.
Subp. 11. Schedule of compliance.
"Schedule of compliance" means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.
Subp. 12. Service; serve; submittal; submit.
"Service," "serve," "submittal," or "submit" means personal service, service by mail, or service by facsimile as described in items A to C.
Upon request, the commissioner will make available the names and service addresses of board members.
Subp. 13. Stipulation agreement.
"Stipulation agreement" means any agreement entered into between the commissioner and any person or persons establishing a schedule for compliance with applicable statutes, rules, or standards by designated dates, or otherwise providing for settlement for noncompliance with applicable statutes, rules, or standards.
Subp. 14. Variance.
"Variance" means an authorization from the board or commissioner that grants an exemption from the requirements of any rule or standard of the agency and which does not require compliance with the rule or standard for the duration of the authorization. "Variance" does not include permits, stipulation agreements, schedules of compliance, or any modifications thereto, or any order of the board or commissioner which allows interim operation during completion of a compliance program, nor does variance include a time extension of an existing variance.
Statutory Authority: MS s 14.06; 116.07
