Item Description:
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JPA Agmt A2311973 with MPCA for hazardous waste inspections and enforcement, 01/01/24-12/31/28
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Resolution:
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BE IT RESOLVED, that Joint Powers Agreement A2311973 with the Minnesota Pollution Control Agency for hazardous waste inspections and enforcement activities during the period January 1, 2024 through December 31, 2028 at no county cost, be approved, and that the Chair of the Board be authorized to sign the Agreement on behalf of the county.
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Background:
Hennepin County, along with the other metropolitan counties, regulates hazardous waste produced by businesses through county ordinance. Each county has established a licensing and inspection program to carry out this regulatory work. The Minnesota Pollution Control Agency (MPCA) regulates hazardous waste in greater Minnesota through program authorization from the U.S. Environmental Protection Agency (EPA). The county and state programs are based on hazardous waste regulations promulgated by the U.S. EPA. Over the years, the counties and the MPCA have coordinated their programs to maintain consistency throughout the state and to better assist businesses to properly manage their waste. Hennepin County and the MPCA have operated under a joint powers agreement since 2006 to cooperatively exercise their respective authorities and ensure businesses comply with hazardous waste management rules.
The agreement establishes a framework under which the MPCA includes county inspections with MPCA inspection reports to the U.S. EPA, which provides a more complete perspective of the hazardous waste regulatory efforts that exist in Minnesota. While the other metro counties also regulate hazardous waste management, Hennepin County is one of only two counties in the state to have its inspections recognized by the U.S. EPA.
The county currently licenses 5,047 hazardous waste generators. All hazardous waste generators must comply with basic management requirements that provide for the safe handling and proper disposal of all hazardous waste. Additional requirements apply to certain generator size categories, which are determined by the quantity of waste generated. The larger the generator, the more extensive the requirements. To ensure compliance, hazardous waste generators are subject to unannounced inspections. Generators may face regulatory enforcement actions if they are not in compliance with the hazardous waste rules. Hennepin County staff provide online training and other resources to generators to assist them in maintaining compliance.
The delegated authority that comes from the MPCA through this agreement enables the county to protect human health and the environment more comprehensively through coordinated efforts to ensure compliance with hazardous waste management rules.
Current Request:
This request is for approval of Agreement A2311973 with the MPCA regarding hazardous waste inspections and enforcement activities during the period of January 1, 2024 through December 31, 2028. There are no significant changes to the terms in this agreement compared to the current Joint Powers Agreement for the period 2018 through 2023 (Resolution 18-0486). No funds will be exchanged.
Impact/Outcomes:
Approval of this agreement enables the county to protect human health and the environment more comprehensively through coordinated efforts to ensure compliance with hazardous waste management rules. The county receives training opportunities for inspectors, improved data sharing and greater access to assistance from the U.S. EPA. The agreement minimizes duplication of efforts by the parties and results in efficient use of staff and resources and a more consistent application of hazardous waste regulations. Approval of this agreement provides U.S. EPA with a more complete picture of hazardous waste regulatory efforts in Minnesota.
recommendation
Recommendation from County Administrator: Recommend Approval