Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Term of permit.
A waste tire facility permit must be issued for up to five
years.
Subp. 2.
Special conditions.
Each permit must require the facility to be operated
consistent with the application for the facility permit, conditions placed by
the agency on permit approval, and all applicable state and federal statutes
and rules. If the facility receiving the permit is not in compliance with any
applicable state or federal statute or rule at the time of issuance, the permit
must require the permittees to achieve compliance with the statute or rule
within a reasonable period of time.
Subp. 3.
General conditions.
Unless specifically exempted by statute or rule, each 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 rules or orders more stringent
than those in existence at the time the permit is issued and does not prevent
the enforcement of these rules or orders against the permittee.
C. The permit does not convey a property
right or an exclusive privilege.
D.
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.
E. Upon presentation of
proper credentials, the agency or an authorized employee or agent of the
agency, shall be allowed by the permittee to enter the permitted facility at
reasonable times to examine and copy books, papers, records, or memoranda
pertaining to the facility, and to conduct surveys and investigations
pertaining to the facility.
F. 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 necessary steps to minimize the adverse impacts on
human health, welfare, or the environment.
G. If the permittee discovers that
noncompliance with a condition of the permit has occurred that could endanger
human health, welfare, or the environment, the permittee shall immediately
notify the commissioner.
H. The
permit is not transferable to any person except as provided in part
9220.0410, subpart
2.
I. 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 person, property, or the environment caused by the activities of
the permittee in the conduct of its actions, including those 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.
