Minn. R. agency 167, ch. 7045, INTERIM STATUS STANDARDS, pt. 7045.0606

Current through Register Vol. 49, No. 18, October 28, 2024

Part 7045.0606 - NOTICE IN DEED TO PROPERTY

Subpart 1.Deed notation.

Within 60 days after closure of the first hazardous waste disposal unit is certified and within 60 days after closure of the last hazardous waste disposal unit is certified, the owner or operator of the property on which a disposal unit is located shall:

A. record, in accordance with state law, a notation on the deed to the facility property, or on another instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:

(1) the land has been used to manage hazardous waste;

(2) the land use is restricted; and

(3) the survey plat and record of the type, location, and quantity of hazardous waste disposed of within each cell or other hazardous waste disposal unit of the facility required in part 7045.0604 have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the commissioner; and

B. submit a certification signed by the owner or operator that he or she has recorded the notation specified in this subpart, including a copy of the document in which the notation has been placed, to the commissioner.

Subp. 2.Changes to deed.

If at any time the owner or operator or any subsequent owner of the land upon which a hazardous waste facility was located intends to remove the hazardous waste and hazardous waste residues, the liner, if any, and all contaminated underlying and surrounding soil, the owner or operator must request a modification to the approved postclosure plan in accordance with part 7045.0600, subpart 2, item B. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of part 7045.0602, subpart 3. If the owner or operator is granted approval to conduct removal activities, he or she may request that the commissioner approve either:

A. removal of the notation on the deed to the facility property or other instrument normally examined during title search; or

B. addition of a notation to the deed or instrument indicating the removal of the hazardous waste.

By removing hazardous waste and hazardous waste residue; the liner, if any; and the contaminated soil, the owner or operator, unless he or she can demonstrate that any waste removed is not a hazardous waste, becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this chapter.

Minn. R. agency 167, ch. 7045, INTERIM STATUS STANDARDS, pt. 7045.0606

9 SR 115; 11 SR 2415; L 1987 c 186 s 15

Statutory Authority: MS s 116.07