Subd. 1. Definition.

For the purposes of this section, "lamp recycling facility" means a facility operated to remove, recover, and recycle for reuse mercury or other hazardous materials from fluorescent or high intensity discharge lamps.

Subd. 2. Lamp recycling facility; permits or licenses.

1. (a) A person may not operate a lamp recycling facility without obtaining a permit or license for the facility from the agency. The permit or license must require:

   1. (1) a plan for response to releases, including emergency response;
   2. (2) proof of financial responsibility for closure and any necessary postclosure care at the facility which may include a performance bond or other insurance; and
   3. (3) liability insurance or another financial mechanism that provides proof of financial responsibility for response actions required under chapter 115B.
2. (b) A lamp recycling facility that is licensed or permitted by a county under section 473.811, subdivision 5b , complies with this subdivision if the license or permit held by the facility contains at least all the terms and conditions required by the agency for a license or permit issued under this subdivision.
3. (c) A lamp recycling facility with a demonstrated capability for recycling that is in operation prior to adoption of rules for a licensing or permitting process for the facility by the agency may continue to operate in accordance with a compliance agreement or other approval by the commissioner until a license or permit is issued by the agency under this subdivision.