HAZARDOUS AND INDUSTRIAL WASTE GENERATION, HANDLING, STORAGE AND DISPOSAL

Minneapolis Code of Ordinances tit. 3, ch. 46

in effect

Minneapolis Code of Ordinances § 46.10 Adopted.

46.10. - Adopted. Code of Federal Regulations, Title 40, Part 261; Minnesota Rules, Chapter 7045, and Minnesota Statutes, Sections 115A.916, 325E.10, 325E.11, 325E.112 and 325E.115 are hereby adopted by reference and are incorporated in this title as fully as if set forth herein and shall be in force and effect as the Minneapolis Hazardous and Industrial Waste Generation, Handling, Storage and Disposal Rules. (85-Or-013, § 1, 1-25-85; Pet. No. 250650, § 1, 10-27-89; 2007-Or-097, § 2, 12-21-07; Ord. No. 2016-026, § 2, 4-1-16)

Minneapolis Code of Ordinances § 46.20 Reserved.

Minneapolis Code of Ordinances § 46.30 Definitions.

46.30. - Definitions. Wherever the word "state," "agency" or "Minnesota Pollution Control Agency" is used in Minnesota Rules, Chapter 7045 and Minnesota Statutes, Sections 115A.916, 325E.10, 325E.11, 325E.112 and 325E.115, it shall be held to mean the City of Minneapolis. Wherever the word "commissioner" is used in the regulations and statutes, it shall be held to mean the commissioner of the Minneapolis Health Department or the commissioner's designees. Except as here after defined. Category II nonfriable asbestos-containing material means any material, excluding Category I nonfriable asbestos-containing material, containing more than one (1) percent asbestos as determined using the methods specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Friable asbestos-containing material means previously nonfriable asbestos-containing material which becomes damaged to the extent that when dry all or a portion of the material may be crumbled, pulverized or reduced to powder by hand pressure. Hazardous waste shall include any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may: (1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. Hazardous waste generating facility means any facility that generates, handles, stores, or disposes of hazardous waste as a large or small quantity generator originating at their address as defined and listed in Minnesota Rules Chapter 7045, including waste motor vehicle fluids. Hazardous waste generator size is determined by how much hazardous waste a business or facility generates per month, excluding certain wastes as defined by this Code: (1) Large quantity generator (LQG): Generates two thousand two hundred (2,200) pounds or more per month of hazardous waste (about four (4) drums liquid); (2) Small quantity generator (SQG): Generates greater than two hundred twenty (220) pounds but less than two thousand two hundred (2,200) pounds per month of hazardous waste (about one-half (½) to four (4) drums liquid); (3) Very small quantity generator (VSQG): Generates two hundred twenty (220) pounds or less per month of hazardous waste (about one-half (½) drum liquid or less). Hazardous waste process facility means any facility that generates, handles, stores, or disposes of hazardous waste as a large or small quantity generator originating at their address or from another address as defined and listed in Minnesota Rules Chapter 7045, including waste motor vehicle fluids. Industrial waste means any solid, liquid, or other wastes, resulting from any industrial, manufacturing, or business process, or from the development, recovery, or processing of a natural resource, which requires special handling or processing prior to disposal. Industrial waste generating facility means any facility that generates, handles, stores, or disposes of industrial waste or is a very small quantity generator of hazardous waste originating at their address as defined and listed in Minnesota Rules Chapter 7045, including waste motor vehicle fluids. Site operator means any person(s), organization, company, group, or any other entity, public or private, that owns or is in control of a hazardous waste facility. (84-Or-013, § 1, 1-25-85; Pet. No. 250650, § 3, 10-27-89; 2006-Or-048, § 1, 5-12-06; 2007-Or-097, § 4, 12-21-07; 2012-Or-008, § 1, 3-8-12; 2013-Or-100, § 1, 12-6-13; Ord. No. 2016-026, § 3, 4-1-16)

Minneapolis Code of Ordinances § 46.40 Permit required.

46.40. - Permit required. (a) Generally. No person may begin operations of a hazardous waste facility without first filing an application and paying the permits fees as established in section 45.90. Failure to obtain the permit prior to conducting the activity shall be deemed a violation and may result in late fees. (b) Permit requirements. A permit shall not be issued for the operation of a new hazardous waste facility unless a hazardous waste facility application has been submitted along with a hazardous waste site plan, spill pollution prevention plan and application fees. The commissioner may require additional information or data deemed appropriate and/or may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this Code for the preservation of public health and safety. (1) Hazardous waste facility application. A written application from the site operator or their authorized representative shall be required for each permit. The application shall identify contact information a narrative of the business and be signed by the owner. (2) Hazardous waste site plan. The site plan shall be drawn to an appropriate scale and shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed hazardous waste facility, and measures proposed to contain spills and releases. (3) Spill pollution prevention plan. The spill pollution prevention plan shall describe what measures, training and equipment have taken place and been purchased to prevent spills from occurring and what measures will be taken to address a release. (4) Approval. Approval of the permit application shall be identified by the addition of a hazardous waste generating facility or hazardous waste processing facility on the pollution control annual registration certificate. Application fees are authorized to cover review of the application and registration for the remaining registration year. (c) Existing hazardous waste facilities. A hazardous generating waste facility existing prior to January 1, 2008, must have on file, with the commissioner, a hazardous waste facility application, a hazardous waste site plan, and a spill pollution prevention plan. (85-Or-013, § 1, 1-25-85; 2007-Or-097, § 5, 12-21-07; 2013-Or-100, § 2, 12-6-13; Ord. No. 2016-026, § 4, 4-1-16; Ord. No. 2019-061, § 2, 12-13-19)

Minneapolis Code of Ordinances § 46.50 Pollution control annual registration of a hazardous waste generating facility, hazardous waste process facility, or industrial waste generating facility.

46.50. - Pollution control annual registration of a hazardous waste generating facility, hazardous waste process facility, or industrial waste generating facility. (a) Hazardous waste generator. The site operator in control of a large or small quantity hazardous waste generating facility established under this chapter or existing prior to this chapter, shall register that site annually with the commissioner as a hazardous waste generator. (b) Hazardous waste processor. The site operator in control of a large or small quantity hazardous process facility established under this chapter or existing prior to this chapter shall register that site annually with the commissioner as a hazardous waste processor. (c) Industrial waste generator. The site operator in control of a very small quantity hazardous waste generating facility or an industrial waste generating facility such as a motor vehicle shop for public, private or fleets shall register annually with the commissioner as an industrial waste generator. (d) Hazardous waste processor and hazardous and industrial waste generator requirements. The site operator shall also remit a pollution control annual registration fee, per site, in an amount as established in Appendix J, License Fees Schedule. The site operator or their agent, by submission and payment, confirm that the facility has been inspected, maintained and is functioning satisfactorily. The pollution control annual registration shall be due and payable on January 31st of each year. If registration is not received or postmarked on or before January 31st of each year, the applicant shall pay late fees provided for such registration. Each day of failure to maintain or obtain registration may constitute a separate violation of this Code. (85-Or-013, § 1, 1-25-85; 92-Or-154, § 1, 11-20-92; 2006-Or-048, § 2, 5-12-06; 2007-Or-097, § 6, 12-21-07; Ord. No. 2009-Or-015, § 1, 3-6-09; 2013-Or-100, § 3, 12-6-13; Ord. No. 2016-026, § 5, 4-1-16)

Minneapolis Code of Ordinances § 46.60 Annual inspection of hazardous waste facilities.

46.60. - Annual inspection of hazardous waste facilities. All hazardous waste processors and hazardous waste and industrial waste generating facilities are subject to annual inspection by the commissioner. (85-Or-013, § 1, 1-25-85; 92-Or-154, § 2, 11-20-92; 2006-Or-048, § 3, 5-12-06; 2007-Or-097, § 7, 12-21-07; 2013-Or-100, § 4, 12-6-13; Ord. No. 2016-026, § 6, 4-1-16)

Minneapolis Code of Ordinances § 46.70 Motor vehicle fluids; liability for maintenance.

46.70. - Motor vehicle fluids; liability for maintenance. No person shall dispose of, cause to be disposed of, or allow to be disposed of, any new or used Hazardous Materials including but not limited motor oils, or other like substances in any place within the city, except in county operated oil collection stations or those privately maintained by gasoline service stations and the like. The owner or operator of oil collection stations and gasoline service stations shall operate and maintain their facilities in such a manner so as to prevent any pollution of the premises by any oil or like substance. (2007-Or-097, § 8, 12-21-07)

Minneapolis Code of Ordinances § 46.80 Storage of motor vehicle fluids, filters and parts.

46.80. - Storage of motor vehicle fluids, filters and parts. (a) All new and used motor vehicle fluids, filters and parts shall be stored in a manner that prevents the release of material to the environment. (b) All new and used motor vehicle fluids must be stored in: (1) Sealed containers inside of a building. (2) Sealed containers outside if protected by secondary containment. (3) Above ground or underground storage tanks registered with the commissioner. (c) All new and used motor vehicle filters and parts must be stored inside a building. (2007-Or-097, § 9, 12-21-07; 2013-Or-100, § 5, 12-6-13)

Minneapolis Code of Ordinances § 46.90 Illegally disposed of motor vehicle fluids, filters and parts.

46.90. - Illegally disposed of motor vehicle fluids, filters and parts. It shall be the responsibility of the owner of land, buildings or structures to contain and provide for the proper disposal of any new or used motor vehicle fluids, filters or parts that are disposed of on property by tenants, operators, employees or unauthorized parties. (2007-Or-097, § 10, 12-21-07)

Minneapolis Code of Ordinances § 46.100 Contaminated material storage.

46.100. - Contaminated material storage. Any and all manufactured materials that have been in contact with pollutants, including but not limited to lubricating oils, cutting fluids, and marking dyes, must be stored inside a building or structure in such a manner as to prevent deposition of pollutants to the land and discharge to the storm drains. (007-Or-097, § 11, 12-21-07)

Minneapolis Code of Ordinances § 46.105 Removal of nonfriable category II asbestos containing materials.

46.105. - Removal of nonfriable category II asbestos containing materials. (a) This section applies but is not limited to cementitious asbestos board often referred to by its trade name "Transite®." Other category II asbestos containing materials include but are not limited to, Transite® shingles and siding, asbestos cement, asbestos putties, asbestos sealants, and certain asbestos-containing adhesives on or under exterior surfaces. This section shall apply to any building containing four (4) or fewer residential dwelling units. (b) Removal of nonfriable category II asbestos-containing material must be done in such a manner that does not cause it to become friable asbestos-containing material. Examples of removal methods that would render the category II asbestos-containing material to become regulated asbestos-containing material are smashing it, dropping it to the ground, intentional burning, subjecting it to crushing by heavy machinery, or specific grinding, sanding, cutting, abrading and breaking by hand tools or mechanical tools. (c) Cementitious asbestos board is assumed to contain asbestos and must be treated in the manner described herein. A property owner or contractor not following the below prescribed methods shall upon request of the commissioner provide an analysis by a laboratory according to Minnesota Rule Part 4620.3460 collected by a certified asbestos inspector identifying whether the siding is an asbestos containing material. Until such time that a report is provided all related work shall stop and precautions shall be taken to contain the material. The commissioner may require a licensed asbestos contractor to perform necessary cleanup if the requirements herein have not been followed. (1) Water to which a surfactant has been added must be used before and during removal of asbestos-containing material to prevent fibers from becoming airborne during asbestos-related work and must be wet before removal, adequately wet during removal, and placed in sealed leak-tight containers following removal. (2) Prior to removal, tarps or plastic sheeting shall be put in place to prevent materials from coming in contact with the ground and shall not allow visible materials to leave the property. (3) Material shall be removed by hand tools to avoid rendering the asbestos-containing material friable. (4) Materials shall be lowered, not dropped, to the walkable surfaces, tarps, plastic sheeting or dumpster. (5) Materials shall be packaged, transported and disposed of as category II nonfriable asbestos-containing materials following all requirements under 40 CFR 61.150(c). (6) Upon request of the commissioner the property owner shall provide a copy of the landfill waste manifest for the disposal of the category II nonfriable asbestos containing material. (2012-Or-008, § 2, 3-8-12; 2013-Or-100, § 6, 12-6-13)

Minneapolis Code of Ordinances § 46.110 Violations of this Code.

46.110. - Violations of this Code. (a) Any person who violates any provision of this chapter shall be guilty of an ordinance violation and subject to the punishment and penalties of section 1.30(a), 1.40 and Chapter 2 of this Code. (b) License revocation. Any owner or operator of land, buildings, or structures who possesses a city license to conduct business, in addition to the fine, may have his or her license revoked for failure to comply with this chapter. (c) Permit revocation. Any owner or operator of land, buildings, or structures, or any person or contractor who possesses a city permit to perform work at a site, in addition to the fine, may have his or her permit revoked for failure to comply with this chapter. (d) Each day of failure to maintain the hazardous waste facility in compliance with federal, state, municipal rules or submitted plans shall constitute a separate violation of this Code. (2007-Or-097, § 12, 12-21-07; 2012-Or-008, § 3, 3-8-12)

Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT3AIPOENPR_CH46HAINWAGEHASTDIFetched: 11/2/2026