A business that generates or manages hazardous wastes may face inspection from federal, state and/or local authorities. The U. S. Environmental Protection Agency (EPA) has delegated its authority to most states, including Minnesota, to run the hazardous waste regulatory program in lieu of the federal government. The Minnesota Pollution Control Agency (MPCA) is the agency charged with the day-to-day regulation of hazardous waste. Although the EPA has delegated its authority over hazardous waste to Minnesota, EPA retains the rights to “overfile” or step in if it believes that the State’s regulatory efforts are not sufficient.
Hazardous waste inspectors are trained to look for alleged violations of the Resource Conservation and Recovery Act (RCRA), state statutes and regulations, and local ordinance provisions. In many cases local ordinances incorporate by reference federal or state hazardous waste regulations. Local authorities with the authority to review hazardous waste compliance may cite companies for noncompliance. Local authorities may also choose to refer such cases to state and federal authorities for review and prosecution.
In Minnesota, and in many other states, local authorities have been delegated authority by the state to conduct hazardous waste inspections. In Minnesota inspectors from counties in the Twin Cities metropolitan area are authorized to implement the hazardous waste regulatory program in lieu of the federal and state authorities. These counties have entered Memorandums of Understanding that specify the delegation of authority. Generally, the counties reserve the right to refer matters to the MPCA and EPA. Similar to EPA’s “overfile” authority, the MPCA reserves the right to step in to review a county’s action related to hazardous waste.
The delegation of hazardous waste authority to metropolitan counties came into sharp focus recently in a matter involving Water Gremlin, a Ramsey County generator.
Prior to 2021 Water Gremlin, whose product lines include battery posts and lead fishing tackle, had disclosed to the State and Ramsey County that it generated lead wastes that were classified as hazardous waste. When MPCA hazardous waste inspectors accompanied Ramsey County inspectors on follow-up inspections, the MPCA inspectors observed accumulated waste materials that had dripped from tanks used for coating battery posts. The accumulated sludges were tested, and it was determined the materials contained TCE and t-DCE, which are classified as hazardous wastes. The MPCA alleged that TCE and d-TCE were released from cracks in the floor to sub-slab soils, resulting in accumulations of soil vapor in excess of applicable standards. The MPCA chose to take an enforcement action against Water Gremlin and assessed a civil penalty of $325,000 in a Stipulation Agreement with the company.
Companies should take very seriously local or county authorities who are conducting hazardous waste inspections or conducting other environmental inspections. A more powerful state or federal authority backed up by plenty of enforcement authority may simply be a telephone call away.
Generators in the Minneapolis/St. Paul area can get more information about county regulation of hazardous waste by clicking on the links below to County websites: Anoka County, Carver County, Dakota County, Hennepin County, Ramsey County, Scott County and Washington County
At Hessian & McKasy’s Environmental Law Practice Group our environmental lawyers work with clients in Minneapolis, St. Paul and surrounding cities. Our environmental lawyers including Joseph Maternowski have counseled clients across the state before the U.S. EPA, MPCA and in matters involving the Twin Cities metropolitan counties. We advise on all aspects of environmental law including RCRA or hazardous waste compliance.
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For additional information please contact:
Joseph G. Maternowski
Hessian & McKasy, PA
Work: 612-746-5754
Jmaternowski@hessianmckasy.com
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