The MPCA will soon be rolling out a new online service for solid waste permits and approvals. Content on this page is tied to that service and may not yet be completely operational.
Minnesota rules allow for specific uses (called beneficial uses) of certain materials that otherwise would be classified as solid waste. Businesses, counties, municipalities, and other organizations that want to divert large amounts of waste to a new use — such as shredded tires being used in road construction projects — must comply with Minnesota’s state rules for beneficial use of solid waste.
There are two categories of beneficial use determinations: standing and case specific.
Standing beneficial use determinations (SBUD)
Minnesota rules identify 16 standing beneficial uses that match particular materials with specific uses. Waste generators and end users taking advantage of an SBUD can simply follow the applicable rules without contacting the MPCA. Only those specific solid wastes and the uses designated in the rule have this status.
Useful definitions:
- Unadulterated wood is defined as “wood that does not contain contaminants present as a result of manufacturing or use of the wood. Examples of contaminants include paints, varnishes, stains, glues, resins, or chemicals used to prevent rotting” [Minn. R. 7035.0300, Subp. 111b]. Unadulterated newspaper must not contain contaminants from prior use (e.g., used to soak up oil).
- Uncontaminated material does not contain or carry substances that may be harmful to human health and the environment. For example, concrete painted with lead-based paint may be contaminated, while concrete painted with non-toxic latex paint is uncontaminated.
Case specific beneficial use (CSBUD)
The MPCA must approve case specific beneficial use requests and ensure that the materials are used in ways that won't harm the environment or human health. The beneficial use of solid waste keeps materials out of landfills and reduces the raw materials used in construction and other industries. It can also generate profits for participating organizations and reduce their disposal costs.
A demonstration/research project is typically required to show that a solid waste can be used in a beneficial way.
Demonstration/research projects (DRPs)
If there is not enough information readily available on a proposed alternative use for a solid waste, a demonstration/research project (DRP) is the first step in the approval process. A DRP allows noncompliance with permit and/or Minnesota rule conditions on a temporary basis to allow collection of information and data.\
Waste characterization
Waste must be characterized to be reused beneficially or in a research project.
- determine if the waste contains hazardous materials – no waste intended for a beneficial use or DRP may contain hazardous materials
- list the chemicals present in the waste – evaluate the processes at the facility producing the waste and review material safety data sheets, ingredient labels, and other pertinent information
- identify the physical properties affecting its use or management – analyze the waste with the methods provided in Minn. Rule Ch. 7045.0214 subp. 3
Other guidance
Storage prior to beneficial use – Solid wastes must be stored in compliance with standards prior to beneficial use. The goal of storage standards is to prevent contaminating groundwater or surface waters and prevent nuisance conditions at storage facilities.
Industrial by-products – An industrial by-product is a residual material from an industrial, commercial, mining, or agricultural operation that is not a primary product and not produced separately in the process. By-products that originate from food, beverage, and agricultural operations are regulated through industrial water-quality permitting. Learn more: Industrial by-products