Subpart
1.
Eligible persons.
The following persons are eligible to request supplementary
review by the board pursuant to Minnesota Statutes, sections
115A.32 to
115A.39:
A. a generator of sewage sludge within the
state who has been issued permits by the agency for a facility to dispose of
sewage sludge or solid waste resulting from sewage treatment, except that the
Metropolitan Waste Control Commission is not eligible to request review for a
sewage sludge disposal facility or for a solid waste facility with a proposed
permitted life of longer than four years;
B. a political subdivision which has been
issued permits by the agency, or a political subdivision acting on behalf of a
person who has been issued permits by the agency, for a solid waste facility
which is located outside the metropolitan area and which is no larger than 250
acres, not including a proposed buffer area; provided that if the petitioner is
a political subdivision acting on its own behalf, the political subdivision
shall have completed a plan conforming to the requirements of Minnesota
Statutes, section
115A.46;
C. a generator of hazardous waste within the
state who has been issued permits by the agency for a hazardous waste facility
to be owned and operated by the generator, on property owned by the generator,
and to be used by the generator for managing the hazardous wastes produced by
the generator only;
D. a person who
has been issued permits by the agency for a commercial hazardous waste
processing facility at a site included within one of the areas on the board's
inventory of preferred areas for these facilities adopted pursuant to Minnesota
Statutes, section 115A.09; and
E. a
person who has been issued permits by the agency for a disposal facility for
the nonhazardous sludge, ash, or other solid waste generated by a permitted
hazardous waste processing facility operated by the person.
Subp. 2.
Supplementary
review petition.
Persons eligible to request supplementary review under subpart
1 shall submit a petition to
the board that demonstrates that the required permits have been issued by the
agency and that a political subdivision has refused to approve the
establishment or operation of the facility. If the political subdivision fails
to give final approval or denial to the establishment or operation of the
facility within six months after agency permits are issued, the political
subdivision is considered to have refused approval to the facility.