Current through Register Vol. 48, No. 39, March 25, 2024
Subp. 2.
Special conditions.
Each draft and final permit must contain conditions necessary
for the permittee to achieve compliance with applicable Minnesota or federal
statutes or rules, including each of the applicable requirements in parts
7045.0450 to
7045.0649 and
7045.1390, and any conditions that
the agency determines to be necessary to protect human health and the
environment. If applicable to the circumstances, the conditions must
include:
A. A schedule of compliance
that leads to compliance with the appropriate Minnesota or federal statute or
rule. The schedule of compliance must require compliance in the shortest
reasonable period of time or by a specified deadline if required by Minnesota
or federal statute or rule. If appropriate, the schedule of compliance must
include interim dates, which in no case may be separated by more than one year.
A permit with a schedule of compliance must require the submission to the
commissioner of progress reports. The progress reports must be submitted not
later than 14 days after each interim and final date of compliance regarding
the permittee's compliance or noncompliance with the schedule of compliance and
they must explain any instance of noncompliance and state the actions that have
been taken to correct the noncompliance.
B. Requirements for monitoring and testing
and reporting of monitoring and testing results. Monitoring and testing
requirements must specify the type, interval, and frequency of monitoring and
testing activities that are sufficient to yield representative data to
determine whether there is compliance with the terms and conditions of the
permit or compliance with Minnesota and federal pollution control statutes and
rules. As appropriate, the permit must contain requirements for the proper use,
maintenance, and installation of monitoring and testing equipment or methods.
The permit must require the permittee to keep accurate records of monitoring
and testing activities and to submit to the commissioner periodic reports of
monitoring results required by the permit and, as requested by the
commissioner, the results of other monitoring and testing undertaken by the
permittee that are related to compliance with the terms and conditions of the
permit or compliance with Minnesota and federal pollution control statutes and
rules. Reporting of monitoring results must contain the certification in part
7001.0070.
C. A requirement that the permittee retain
the following items for at least three years from the date of the sample,
measurement, report, certification, or application, after which time this
period must be automatically extended during the course of an unresolved
enforcement action or at the request of the commissioner:
(1) copies of all reports required by the
conditions of the permit;
(2)
calibration and maintenance records and all original strip chart recordings for
continuous monitoring instrumentation;
(3) records of the date, exact location, and
time of monitoring and testing which is related to compliance with the terms
and conditions of the permit or compliance with Minnesota and federal pollution
control statutes and rules, the name of the individual who performed the
sampling or measurements, the date the analysis was performed, the name of the
individual who performed the analysis, the analytical techniques or methods
used, and the results of the analysis;
(4) if applicable, reports required by part
7001.0720, subpart
2, item E; and
(5) if applicable, the certification required
by part
7045.0478, subpart
3.
D. A requirement that all documents and
reports, including monitoring reports, submitted to the agency for any reason
by the permittee, are signed by the permittee or the duly authorized
representative of the permittee. For hazardous waste facility permits, duly
authorized representative is defined by part
7001.0720.
Subp. 3.
General conditions.
Unless specifically exempted by statute or rule, each draft
and final permit must include the following general conditions and the agency
shall incorporate these conditions into all permits either expressly or by
specific reference to this part:
A.
The agency's issuance of a permit does not release the permittee from any
liability, penalty, or duty imposed by Minnesota or federal statutes or rules
or local ordinances, except the obligation to obtain the permit.
B. The agency's issuance of a permit does not
prevent the future adoption by the agency of pollution control rules,
standards, or orders more stringent than those now in existence and does not
prevent the enforcement of these rules, standards, or orders against the
permittee.
C. The permit does not
convey a property right or an exclusive privilege.
D. The agency's issuance of a permit does not
obligate the agency to enforce local laws, rules, or plans beyond that
authorized by Minnesota statutes.
E. The permittee shall perform the actions or
conduct the activity authorized by the permit in accordance with the plans and
specifications approved by the agency and in compliance with the conditions of
the permit.
F. The permittee shall
at all times properly operate and maintain the facilities and systems of
treatment and control and the appurtenances related to them which are installed
or used by the permittee to achieve compliance with the conditions of the
permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. The permittee shall install and maintain appropriate backup or
auxiliary facilities if they are necessary to achieve compliance with the
conditions of the permit and, for all permits other than hazardous waste
facility permits, if these backup or auxiliary facilities are technically and
economically feasible.
G. The
permittee may not knowingly make a false or misleading statement,
representation, or certification in a record, report, plan, or other document
required to be submitted to the agency or to the commissioner by the permit.
The permittee shall immediately upon discovery report to the commissioner an
error or omission in these records, reports, plans, or other
documents.
H. The permittee shall,
when requested by the commissioner, submit within a reasonable time the
information and reports that are relevant to the control of pollution regarding
the construction, modification, or operation of the facility covered by the
permit or regarding the conduct of the activity covered by the
permit.
I. When authorized by
Minnesota Statutes, sections
115.04;
115B.17,
subdivision 4; and 116.091, and upon presentation of proper credentials, the
agency, or an authorized employee or agent of the agency, shall be allowed by
the permittee to enter at reasonable times upon the property of the permittee
to examine and copy books, papers, records, or memoranda pertaining to the
construction, modification, or operation of the facility covered by the permit
or pertaining to the activity covered by the permit; and to conduct surveys and
investigations, including sampling or monitoring, pertaining to the
construction, modification, or operation of the facility covered by the permit
or pertaining to the activity covered by the permit.
J. If the permittee discovers, through any
means, including notification by the agency, that noncompliance with a
condition of the permit has occurred, the permittee shall take all reasonable
steps to minimize the adverse impacts on human health, public drinking water
supplies, or the environment resulting from the noncompliance.
K. If the permittee discovers that
noncompliance with a condition of the permit has occurred which could endanger
human health, public drinking water supplies, or the environment, the permittee
shall, within 24 hours of the discovery of the noncompliance, orally notify the
commissioner. Within five days of the discovery of the noncompliance, the
permittee shall submit to the commissioner a written description of the
noncompliance; the cause of the noncompliance; the exact dates of the period of
the noncompliance; if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
L. The permittee shall report noncompliance
with the permit not reported under item K as a part of the next report which
the permittee is required to submit under this permit. If no reports are
required within 30 days of the discovery of the noncompliance, the permittee
shall submit the information listed in item K within 30 days of the discovery
of the noncompliance.
M. The
permittee shall give advance notice to the commissioner as soon as possible of
planned physical alterations or additions to the permitted facility or activity
that may result in noncompliance with a Minnesota or federal pollution control
statute or rule or a condition of the permit.
N. The permit is not transferable to any
person without the express written approval of the agency after compliance with
the requirements of part
7001.0190. A person to whom the
permit has been transferred shall comply with the conditions of the
permit.
O. The permit authorizes
the permittee to perform the activities described in the permit under the
conditions of the permit. In issuing the permit, the state and agency assume no
responsibility for damage to persons, property, or the environment caused by
the activities of the permittee in the conduct of its actions, including those
activities authorized, directed, or undertaken under the permit. To the extent
the state and agency may be liable for the activities of its employees, that
liability is explicitly limited to that provided in the Tort Claims Act,
Minnesota Statutes, section
3.736.
P. Compliance with a RCRA permit during its
term constitutes compliance, for purposes of enforcement, with subtitle C of
RCRA except for those requirements not included in the permit which:
(1) become effective by statute;
(2) are adopted under part
7045.1390, restricting the
placement of hazardous wastes in or on the land;
(3) are adopted under parts
7045.0450 to
7045.0551 regarding leak detection
systems for new and replacement surface impoundment, waste pile, and landfill
units, and lateral expansions of surface impoundment, waste pile, and landfill
units. The leak detection system requirements include double liners,
construction quality assurance programs, monitoring, action leakage rates, and
response action plans, and will be implemented through the procedures of part
7001.0730, minor permit
modifications; or
(4) are adopted
under parts
7045.0645,
7045.0647, and
7045.0648, limiting air
emissions.