For petroleum contaminated soil in volumes less than ten cubic yards, the commissioner shall exempt generators and owners and operators from the requirement to comply with parts of this chapter if the commissioner finds that compliance with the part is not needed to protect human health and the environment. In determining whether to grant the exemption, the commissioner shall consider the actual or potential level of contamination; soil volume; proposed treatment; proposed treatment location; and the potential for presence of PCBs, halogens, metals, and other contaminants in the petroleum contaminated soil.
The commissioner shall grant an exemption to this chapter for the storage, transportation, and treatment or disposal of petroleum contaminated soil if the commissioner determines that such an exemption is necessary to expedite the proper management of the soil or spilled material and to prevent, abate, or control pollution as a response to an emergency, provided the requirements of parts 7037.2400, 7037.2500, and 7037.2700 are met.
Minn. R. agency 167, ch. 7037, pt. 7037.0700
Statutory Authority: MS s 116.07