Minn. R. agency 167, ch. 7046, pt. 7046.0020
A person applying for issuance, reissuance, or major modification under part 7001.0190, subpart 1, of a five-year permit for a hazardous waste facility shall remit the applicable fee given in items A to D.
A person who owns or operates a hazardous waste facility shall remit an annual facility fee for the fiscal year beginning on July 1 and ending on June 30, if during that year the facility was treating, storing, or disposing of hazardous waste, had not obtained closure approval, or had closed as a land disposal facility with hazardous waste remaining in place. A facility that meets the annual facility fee payment criteria for less than a full year shall be assessed a prorated facility fee.
A facility in which hazardous waste remains after closure continues to be subject to the annual facility fee until the owner or operator is exempted under subpart 8.
Facility fees are as provided in items A to D. Fees will be examined annually and adjusted, as necessary, under part 7046.0060, subpart 1, steps 1 to 7.
| Permit Application Fee | Annual Facility Fee | |||
| Tanks and containers indoors | ||||
Total capacity greater than 550 gallons | $ 2,410 | $ 3,540 | ||
Total capacity 550 gallons or less | 1,610 | 1,560 | ||
| Tanks and containers outdoors | ||||
Total capacity greater than 550 gallons | 4,820 | 7,080 | ||
Total capacity 550 gallons or less | 3,220 | 2,820 | ||
| Piles | 14,480 | 20,280 | ||
| Surface Impoundment | 24,120 | 20,280 |
Total capacity greater than 550 gallons
Total capacity 550 gallons or less
Total capacity greater than 550 gallons
Total capacity 550 gallons or less
| Permit Application Fee | Annual Facility Fee | |||
| Surface impoundment | 28,950 | 27,990 | ||
| Treatment (not otherwise specified including open burning) | 28,950 | 14,150 | ||
| Thermal treatment not including open burning) | 72,390 | 49,230 | ||
| Land treatment | 72,390 | 49,230 | ||
| Land disposal | ||||
Active facilities | 72,390 | 49,230 | ||
Closed facilities (includes all facilities in which waste remains after closure) | 36,190 | 32,820 |
Active facilities
Closed facilities (includes all facilities in which waste remains after closure)
The following schedule must be used to calculate the application fee for a permit term of less than five years.
| Term of Permit | Permit Application Fee |
| 1 year | 35 percent of application fee in subpart 1 or subpart 3 |
| 2 years | 60 percent of application fee in subpart 1 or subpart 3 |
| 3 years | 75 percent of application fee in subpart 1 or subpart 3 |
| 4 years | 90 percent of application fee in subpart 1 or subpart 3 |
The annual facility fee is the applicable fee listed in subpart 1.
An application fee for a facility consisting of several treatment, storage, or disposal functions must be calculated according to the following schedule.
Permit reissuance fees shall be assessed at 50 percent of the application fee as calculated under this subpart. Permit major modification fees shall be assessed at 33 percent of the application fee under subpart 1 for the component of the facility being modified. For major modifications not associated with a specific component of a combination facility, the permit major modification fee shall be assessed at 33 percent of the application fee as calculated under this subpart for the combination facility. A person applying for a major modification concurrent with a permit reissuance application shall not be assessed a major modification fee.
| Facility Description | Application Fee and Annual Facility Fee Calculation | |
| A. | Thermal treatment + treatment + storage | Thermal treatment + 0.2 x fee for treatment + 0.2 x fee for storage |
| B. | Disposal + storage | Disposal + 0.2 x fee for storage |
| C. | Thermal treatment + storage | Treatment + 0.2 x fee for storage |
| D. | Disposal + thermal treatment | Disposal + 0.2 x fee for thermal treatment |
| E. | Thermal treatment + disposal + treatment + storage | Disposal + 0.8 x fee for thermal treatment + 0.2 x fee for treatment + 0.2 x fee for storage |
| F. | Disposal + land treatment | Disposal + 0.8 x fee for land treatment |
| G. | Land treatment + storage | Land treatment + 0.2 x fee for storage |
| H. | Treatment + storage | Treatment + 0.2 x fee for storage |
The following additional fee is required for a hazardous waste facility project that requires only an environmental assessment worksheet under Minnesota Statutes, chapter 116D: the fee is $200 plus 0.10 percent of the project estimated costs. The project estimated costs are the costs of the entire project to complete a hazardous waste facility including the current market value of all the land interests, owned or to be owned by the facility owner, which are included in the boundaries of the project; costs of engineering and architecture for the project; expenditures necessary to begin physical construction or operation of the project; construction required to implement the project including costs of essential public service facilities; and the costs of permanent fixtures.
Nothing in this part precludes the applicability of the Environmental Impact Statement (EIS) cost assessment system as described in the rules of the Environmental Quality Board.
Fees must be made payable to the commissioner of management and budget and submitted to the commissioner as follows:
Failure to submit fees by the required date results in the following penalties:
If an applicant submits an application fee for a permit and the agency issues a permit with an effective term of less than the term in the permit applied for, the agency shall refund to the applicant the application fee minus the appropriate fee in subpart 2.
If a facility operator or owner submits an application fee and then withdraws the application within 60 days of receipt by the commissioner, the agency shall refund to the applicant 75 percent of the application fee.
The owner or operator of a closed land disposal facility may petition the commissioner, at any time after two years have passed since the last wastes were disposed of at the facility, to release the owner or operator from the requirement to pay an annual facility fee. The petition shall include all available leachate and groundwater monitoring data for the facility, a description of the characteristics of the wastes in the facility, a description of the technology applied to secure the facility and avoid migration of the wastes, a description of anticipated future monitoring, an evaluation of the potential for future environmental problems, and any additional information the owner or operator has to support the petition. The commissioner shall grant the petition and exempt the owner or operator from the requirement to pay the annual facility fee if the commissioner determines that, based on the information contained in the petition, groundwater contamination has not occurred and is not likely to occur and the facility will not require significant agency oversight. The exemption shall continue until such time as the commissioner determines, after notice to the owner or operator, that the facility does require significant agency oversight. The exemption shall expire if the owner or operator adds or allows to be added additional wastes to the facility. The exemption from the requirement to pay the annual facility fee does not exempt the owner or operator from the requirement to pay the permit reissuance fee.
Minn. R. agency 167, ch. 7046, pt. 7046.0020
Statutory Authority: MS s 16A.128; 116.12