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I <br /> I <br /> I <br /> I <br />'1 <br /> I <br />i <br /> I <br /> i <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> i <br /> I <br /> <br />-3- <br /> <br />a. Minnesota Rules pt. 7045.0214, subp. 1 states: <br /> <br />Subp. 1. General requirements. Any person who produces a <br />waste within the state of Minnesota or any person who <br />produces a waste outside the state of Minnesota that is <br />managed within the state of Minnesota, must evaluate the <br />waste to determine if it is hazardous. Any waste <br />evaluated and exempted under part 7045.0075 or 7045.0120 <br />does not need to be reevaluated under this part. <br /> <br />The Agency alleges that the Company failed to evaluate their waste streams <br /> <br />to determine whether the wastes are hazardous, in violation of this rule. <br /> <br />b. Minnesota Rules pt. 7045.0292, subp. 1.A.-F. states: <br /> <br />Subp. 1. When allowed without a permit. A generator <br />may accumulate hazardous waste on-site or hazardous waste <br />received from off-site pursuant to part 7045.0219, subpart <br />5, item G, subitem (5)without a permit or without having <br />interim status if: <br /> <br /> A. all accumulated hazardous waste is, within 90 days <br />of the accumulation start date, shipped off-site to a <br />designated facility or placed in an on-site facility either <br />of which has interim status under parts 7045.0552 to <br />7045.0642 or has a hazardous waste facility permit issued <br />by the agency; or has a hazardous waste facility permit <br />issued by a state with a hazardous waste program authorized <br />by the Environmental Protection Agency pursuant to Code of <br />Federal Regulations, title 40, part 271 (1983); or has a <br />hazardous waste facility permit issued by the Environmental <br />Protection Agency; and <br /> <br /> B. the waste is placed in containers which meet the <br />standards of part 7045.0270, subpart 4 and are managed in <br />accordance with part 7045.0626, subparts 4 to 6; or in <br />tanks provided the generator complies with the requirements <br />of part 7045.0628 except part 7045.0628, subpart 3; and <br /> <br /> C. the date upon which each period of accumulation <br />begins is clearly marked and visible for inspection on each <br />container or the generator maintains a record of the <br />accumulation starting date for each tank used for storage; and <br /> <br /> D. each container and tank is properly labeled and <br />marked according to part 7045.0270, subparts 1 and 5; <br /> <br /> <br />