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5.3. SR 11-15-2010REQUEST FOR ACTION To Item Number Ma or & Ci Council 5.3. Agenda Section Meeting Date Prepared by Community Development November 15, 2010 Rebecca Haug, Environmental Administrator Item Description Reviewed by Request by GRE for Conditional Use Permit and Solid Waste Lori ohnson, Ci Administrator Facility License for Energy Recovery Station (17845 Highway Reviewed by 10), Case No. CU 10-24 -Public Hearing Action Requested 1. Staff recommends the City Council approve the attached renewal of GRE's Solid Waste Facility License. 2. Staff recommends the City Council approve the attached amendment to GRE's Conditional Use Permit (CUP). Summary In the late 1980's when the City originally permitted GRE to burn refused derived, a solid waste facility license was adopted to be renewed and reviewed on a routine schedule and the City has always reviewed the CUP at the same time. The reason for both being renewed at the same time is modifications to the language are typically proposed. This renewal process is scheduled for every four years. At this time of renewal, the applicant is not proposing any changes to the current operation. The applicant is current on all of their federal, state, and local permit requirements. The Planning Commission reviewed the request at their meeting on November 9, 2010. No comments were received during the public hearing.. Attachments • Location map • Memorandum from GRE, dated September 30, 2010 • The current CUP and SWFL for the facility Council Action Motion by Second by Vote Follow Up N:\Public Bodies\Ciry Councit\Council RCA\Agenda Packet\11-15-2010\REQUEST%2000UNCIL%20ACTION-CU%2010-24CUP[1].docx REQUEST FOR ACTION ver To Item Number Pla Commission 5.1 Agenda Section Meeting Date Prepared by Planning Items November 9, 2010 Rebecca Haug, Environmental Administrator Item Description Reviewed by Request by GRE for Conditional Use Permit and Solid Waste FacilityLicense forEnergyRecoveryStation (17845 Highway Reviewed by 10), Public Hearin -Case No. CU 10-24 Action Requested 1. Staff recommends the Planning Commission recommend approval of the attached renewal of GRE's Solid Waste Facility License. 2. Staff recommends the Planning Commission recommend approval of the attached amendment to GRE's Conditional Use Permit. Attachments • Location map • Memorandum from GRE, dated September 30, 2010 • The current CUP and SWFL for the facility General Information Applicant: Great River Energy Requested Action Amend Conditional Use Permit and License Location and Size: 17845 East Highway 10 Location Existing Land Use Land Use Plan Designation Current Zoning Property in Question Solid Waste Facility I1 (SWF) I1 (SWF) North Multi-family and Commercial Light Industrial/Old Town R3 South Commercial Right of Way C3 East Commercial and Highway Business PUD, BP, Case File: CU 10-24 Page 2 Office/Warehouse C3 West River N/A N/A Introduction CUP GRE In the late 1980's when the City originally permitted GRE to burn refused derived, a solid waste facility license was adopted to be renewed and reviewed on a routine schedule and the Cityhas always reviewed the CUP at the same time. The reason for both being renewed at the same time is modifications to the language are typicallyproposed. This renewal process is scheduled for every four years. At this time of renewal, the applicant is not proposing any changes to the current operation. The applicant is current on all of their federal, state and local permit requirements. Overview GRE's Solid Waste Facility license renewal is required to be reviewed on a routine schedule and the City has always reviewed the CUP at the same time. The reason for both being renewed at the same time is modifications to the language are typicallyproposed. This renewal process is scheduled for everyfour years. Applicable Regulations Standards for Issuance of a Conditional/ Interim Use Permit (Section 30-654): The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. Case File: CU 10-24 CUP Page 3 GRE 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the operation is consistent with all of these standards. Action Motion by Second by Vote Follow Up WH Sb Lb 8 OiOZ/6Z/Oi '0^^p'deW uoiye~o~\3219 bZ-Oi (l~\dN\sa~ld ase~\6uiuue~d\~uawdo~anaa ~(~iunwwo~\s~uaw~eda4\:N o ~ ~ Z F+ L Q2~ S~~id~ NIMl ~ ~~~ , ~ ,, ; ~ , . ; ~,. . , - ~, "~Q ~~ Q ~ ~_ - ~ ~ .,~~ ~ .r, ~ .. ~ ~ ~ Q, ?~ ~~~.~ w _m ~ ~ ~ Z ,. ,. . 4-, z 1S ~Nb'Z ~, ~ ~ ~ __ ~"" '~ 'z, °~ .~ ~-~, _ Q w ~ W ,~ ~ ~ ~ N ~~ ~ 6g~ ~ a c~ ~~ d x O ~~ ".~ a - '+._~ ~ ' ~ ~ ~o ' P ~~~ ~ ~ ~ , o 0 >~ ~' ~ ~" .:~~ L r.~ .~ N ~ ~~ ~S P P G~ ~ ~P~G~ U a~ E a~ V1 (~ U ~~~- ~~ w .:.~ ~ ' s, . _ ' . .. ~'~^ °M " w . K. ~ ~~ .4y/i ~ RECEIVED OCT 012010 GREAT RIVER ENERGY 12300 Elm Creek Boulevard Maple Grove, Minnesota 55369-4718 763-445-5000 Fax 763-445-5050 • www.GreatRiverEnergy.com September 30, 2010 Ms. Rebecca. Haug Environmental Administrator City of Elk River 13065 Orono Parkway, PO Box 490 Elk River, MN 55330 Re: Conditional Use Permit Review and Solid Waste License Renewal Application Elk River- Energy Recovery Station Dear Ms. Haug: Enclosed please find the application for renewal of the Solid Waste License and Conditional Use Permit review for the Elk River Energy Recovery Station (ERS). This letter and the following attachments comprise GRE's application for renewal of the License and CUP review: • 2010 Land Use Application Form. • Check No. 446076 in the amount of $1,520 to cover the application fee. • Conditional Use Permit Application Form. • Mailing labels for property owners located within 350 feet of the ERERS and a site map showing the property locations. If the City has concerns with the facility's operations or designs, we request a meeting to discuss those concerns as soon as possible. Because this action is essentially a CUP and License renewal, GRE did not supply copies of plans specified in the CUP Application Form. If you need any additional specific plan or information to process the CUP and License or have any questions about the information supplied, please contact me. Sincerely, GREAT RIVER ENERGY Debra Nelson Environmental Administrator Encl: c: Wayne Hanson, GRE Tim Steinbeck, GRE Uerntfs\shared\Legal\Environmental\ERS\City of Elk River\City of ER - Cond.UsePermit\2010Renewal\cl_CUP & License App.docx A Touchstone Energy Cooperative ~~ ~~ Contains 100% post consumer waste ~~ Conditional Use Permit and Solid Waste Facility Narrative 1. Application Requirements Not Affected by Requested Renewal Great River Energy (GRE) is requesting the renewal of the Solid Waste License and a review of the Conditional Use permit for the Energy Recovery Station. Deb Nelson communicated with Rebecca Haug,, Elk River Environmental Administrator, who agreed that many of the aspects of the application were not necessary. We have determined that the following aspects will not change from the current conditions and therefore have not included discussions of them in this application: • Landscape Plan • Utility Plan • Tree Preservation Plan • Grading/Drainage Plan • Drainage Calculations • Building Elevations • Floor Plans • Wall and Freestanding Sign Plans • List of items/equipment/materials associated with Outdoor Storage • Wetland Delineation • Wetland Mitigation Plan • EAW/EIS Requirements If the City has any questions or concerns about the above aspects, please contact us immediately and we will address them. 2. Description of Operations The Elk River Campus is located in the northwest corner of the intersection of US Highways 169 and 10. The campus consists of office buildings, warehouses, transmission substations, the Elk River Energy Recovery Station (ERS) a waste to energy plant, and the Elk River Peaking Station. Under State law, the peaking station is exempt from local conditional use permits and so it is not covered by the existing conditional use permit. Elk River Energy Recovery Station is an electric power generating station burning RDF as a primary fuel, TDF or tire derived fuel, and wood or wood waste as secondary or alternate fuels. A single alternate fuel may be co-fired with the RDF or a combination of the alternate fuels may be co-fired with the RDF. None of the alternate fuels are fired without concurrently firing RDF. The RDF burned at this facility is currently produced from the recently acquired processing facility, also in Elk River, several miles away. All fuel arrives at ERS in semi trailers and is unloaded in the enclosed RDF receiving building to the east of the plant. The facility produces approximately 40 megawatts of S:\Legal\Environmental\ERS\City of Elk River\City of ER - Cond.UsePermit12010Renewal\ER CUP Renewal Narrative.docx Page 1 of 3 Conditional Use Permit and Solid Waste Facility Narrative electricity and operates 24 hours per day. The facility is maintained and operated by 41 full-time employees. The Combustors: Energy is produced through combustion of the fuel in three spreader stoker-fired excess air combustion units (combustors or boilers). The boilers are identified as emission Units 1, 2, and 3. Unit 3 is approximately twice the size of units 1 and 2. The units are 128, 128, and 268 mmBtu/hr, respectively, which equates to approximately 11.7, 11.7 and 24.4 tons of RDF per hour (a smaller feed rate-ton/hr is required when TDF is used to supplement the fuel mix). The combustors can also burn natural gas and fuel oil. Natural gas is used at start-up and as necessary to maintain proper combustion conditions; distillate fuel oil is used as a backup fuel to the natural gas. The combustion units were converted from burning coal to RDF in 1988. Air Emissions Control equipment: All three of the combustion units (boilers) are connected to common emissions control equipment, which are a dry scrubber for the control of acid gasses and a baghouse for the control of Particulate Matter (PM). The dry scrubber uses lime as a reagent in the chemical removal of the acid gasses. The lime is unloaded pneumatically to the lime storage silo, which is protected by a fabric filter baghouse from emitting PM during the unloading process. Exhaust gasses are continuously monitored for Carbon Monoxide (CO), Sulfur Dioxide (SO2), Nitrogen Oxides (NOX), opacity, and oxygen (OZ). A number of operating parameters, including scrubber exit (baghouse inlet) temperature, and boiler feedwater flow rate, are also monitored continuously. Air emissions are governed in the state of Minnesota by the Minnesota Pollution Control Agency (MPCA) under the Title V permitting program. ERS's air permit number is 14100003. Other air emission sources on site: Hot water for internal use when boilers 1, 2, and 3 are shut down is occasionally provided by a rented fuel-oil-fired boiler. A natural gas-fired generator currently provides emergency electrical power, for use to recharge an existing battery bank. The System Operations Control Emergency Generator is included in ERS Title V air permit but is maintained and operated by system operations. The Elk River Peaking Station is also included in the MPCA issued Title V air permit #14100003 as an emission source on this site. Water usage and discharge: System cooling is provided by once-through appropriations from the Mississippi River. Discharge and monitoring to the Mississippi is governed by the Minnesota Pollution Control Agency under the National Pollution Discharge Elimination System (NPDES) permitting program. Additional groundwater appropriations are used for scrubber operation and internal wastewater streams. Treatment is provided by a wastewater clarifier which discharges internally to the once-through cooling water discharge. Combustor waste (ash): Fly ash produced in the course of waste combustion is stored in an enclosed area at the facility. A fabric filter baghouse controls PM emissions during the conveyance of the fly ash. The ash is shipped from the site using covered trucks to a permitted ash-only cell in Becker, MN. S:\Legal\Environmental\ERS\City of Elk River\City of ER - Cond.UsePermit\2010Renewal\ER CUP Renewal Narrative.docx Page 2 of 3 Conditional Use Permit and Solid Waste Facility Narrative Large on-site tanks: The ERS facility has three bulk fuel oil tanks. Until recently, these tanks were empty and unused since 1981. As part of the construction of the peaking station, two of the tanks were refurbished; one is used for fuel oil storage and the other is used for demineralized water storage. The third tank remains sealed off and unused. The refurbished fuel oil tank supplies backup fuel to ERS and the peaking station. The demineralized water is used to control NOx emissions when the peaking station combustion turbine is firing fuel oil. S:\Legal\Environmental\ERS\City of Elk River\City of ER - Cond.UsePermit\2010Renewal\ER CUP Renewal Narrative.docx Page3of3 Parcel Nos. and Legal Descriptions The steam plant sits on county parcel # 75-003-1200 (covers everything west of RR tracks) 1. Elk River Headquarters, Generating Plant and Substations: A certain tract of land described in Certificate of Title #2232, dated January 22, 1973, by The Rural Cooperative Power Association, a corporation, as grantor, to United Power Association, as grantee, and recorded in the Office of the Registrar of Titles, in Volume 8, on Page 179. Legal Description: That part of Government Lots 3 and 4 of Section 3, Township 32, Range 26 West, lying southwesterly of the Great Northern Railway Company's right of way; which lies northeasterly of a line run parallel with and distant 300 feet northeasterly of the first following described line; southeasterly of the second following described line and northwesterly of the third following described line: (1). Beginning at a point on the North line of said Section 3, distant 2309.5 feet West of the Northeast corner thereof; thence running southeasterly at an angle of 81 degrees 00 minutes with said North section line for a distance of 1327.6 feet; thence deflect to the left on a 3 degree 00 minute curve, delta angle 39 degrees 04 minutes, for a distance of 1100 feet and there terminating; (2). From a point on the North line of said Section 3, distant 2057 feet West of the Northeast corner thereof, run southeasterly at an angle of 55 degrees 18 minutes with the said North section line for a distance of 190.74 feet; thence deflect to the right at an angle of 90 degrees and run southwesterly to the northeasterly right of way line of U.S. Highway 10 as now established, which is the point of beginning of the line to be described; thence back northeasterly along line just described to a point of intersection with the southwesterly right of way line of the Great Northern Railway Company, the same being now located and established, and then terminating; (3). From a point on the North line of said Section 3, distant 2057 feet West of the Northeast corner thereof, run southeasterly at an angle of 55 degrees 18 minutes with said North section line for a distance of 2025.7 feet; thence deflect to the left at an angle of 76 degrees 15 minutes and run northeasterly to the southwesterly right of way line of the Great Northern Railway Company, as same is now located and established over and across said tract to the point of beginning of line to be described; thence run southwesterly on the last above described course for a distance of 750 feet and there terminating; excepting there from the following tract: From a point on the North line of said Section 3, distant 2057 feet West of the Northeast corner thereof, run southeasterly at an angle of 55 degrees 18 minutes with said North section line for a distance of 2025.7 feet; thence deflect to the right at an included angle of 76 degrees 15 minutes with the line just described to the northeasterly right of way line of U.S. Highway 10 as now located, and which point is the point of beginning of the line of the land to be described; thence back northeasterly 200 feet along the line just described; thence left 90 degrees northwesterly 200 feet, thence left 90 degrees southwesterly to intersection with northeasterly right of way line of U.S. Highway 10 as now located; thence southeasterly along said highway right of way line to the point of beginning. The said tract containing 15.5 acres, more or less, and subject to restrictions of access along the entire southwesterly boundary of the above tract except between points distant 1056 feet and 1171 feet, respectively, and southeasterly along the southwesterly boundary of the above tract measured from the intersection of said southwesterly boundary and the northwesterly boundary; and also except between points 250 feet and 330 feet, respectively, along the same boundary and measured from the same point as in the exception from the restriction of access set out immediately above; Boundaries are judicially determined and adjudged to be as referred to in the description above and as set forth in the Survey, attached to Inst. No. 1380, filed in file No. 947, Office of the Registrar of Titles, Sherburne County, Minnesota. Page 1 of 2 Parcel Nos. and Legal Descriptions PID: 75-003-1100 (covers everything east of RR tracks) including peaker 2. Elk River Headquarters, Generating Plant and Substations: A certain tract of land described in Quit Claim Deed #90158, dated June 17, 1959, by the State of Minnesota, as grantor, to The Rural Cooperative Power Association, as grantee, and recorded in the Office of the Register of Deeds as Instrument #90158. Legal Description: All that part of the following described tract: That part of Government Lots 3 and 4 of Section 3, Township 32 North, Range 26 West; lying northeasterly of the railway; which lies westerly of a line run parallel with. and distant 200 feet westerly of the following described line; From a point on the North line of said Section 3, distant 403 feet West of the Northeast corner thereof run northwesterly at an angle of 72 degrees 19 minutes with said North section line for 600 feet to the point of beginning of line to be described; thence run southeasterly along the last above described course far 696.48 feet; thence deflect to the right on a ten chord spiral curve of decreasing radius (spiral angle 06 degrees 00 minutes) for 400 feet; thence deflect to the right on a 03 degrees 00 minutes circular curve (delta angle 23 degrees 06 minutes) for 770 feet; thence deflect to the right on a ten chord spiral curve of increasing radius (spiral angle 06 degrees 00 minutes) for 400 feet; thence on tangent to said curve for 400 feet and there terminating; excepting there from the following described tract: Beginning at a poinf on the North line of said Section 3, distant 1195.97 feet West of the Northeast corner of said Section 3; thence at right angles South 0 degrees 07 minutes 30 seconds East 240 feet; thence South 77 degrees 35 minutes West 409.47 feet; thence North 34 degrees 52 minutes West 398.2 feet, more or less, to its intersection with the North line of said Section 3; thence North 89 degrees 52 minutes 30 seconds East along the North line of said Section 3 a distance of 627 feet to the point of beginning, and excepting the following described tract: Government Lot 3 of Section 3, Township 32 North, Range 26 West, lying northeasterly of the Railway; which lies easterly of aline run parallel with and distant 200 feet easterly of the following described line: From a point on the North line of said Section 3, distant 2309.5 feet West of the Northeast corner thereof, run southeasterly at an angle of 81 degrees 00 minutes with said North section line for a distance of 2005.2 feet; thence deflect to the left at an angle of 39 degrees 04 minutes for a distance of 1588.3 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 50 feet; thence deflect to the left at an angle of 24 degrees 36 minutes for a distance of 624.7 feet to the point of beginning of line to be described; thence continue northeasterly on the above described course for a distance of 872.3 feet; thence deflect to the left on a 2 degrees 00 minutes curve, delta angle 15 degrees 45 minutes for a distance of 400 feet and there terminating; containing 31.90 acres, more or less. Subject to the following restriction: No access shall be permitted to Trunk Highway No. 187 from the above described real estate and reserving the right of the State of Minnesota to remove earth materials which may be required for the construction and maintenance of trunk highways in the vicinity of said real estate. Page 2 of 2 Great River Energy Elk River Campus Site .~ ~~~~~ ~, , p ~ ~ . ~ tr, ~rr= '~ S:\Legal\Environmental\ERS\City of Elk River\City of ER - Cond.UsePermit\2010Renewal\Site Layout.doc Office of the County Recorder Sherburne County, MN Doc. No. 673728 Certified filed and/or recorded on 05-28-2008 at 01:20 i e Ashe, County Recorder ' Depu~y Fee: $ 46.00 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER In the matter of: Great River Energy CONDITIONAL USE PROCEEDINGS Request: Conditional Use Permit for Solid Waste Facility to burn refuse-derived fuel Case No. CU 08-04 United Power Association, Owner ORDER GRANTING CONDITIONAL USE The above entitled matter came to be heard before the City Council on the 19th day of February, 2008, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: See Attached Agreement for Issuance of Conditional Use Permit for Mineral Excavation IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: See Attached Agreement for Issuance of Conditional Use Permit for Mineral Excavation DATED this 19th day of February, 2008. Office of the Registrar of Titles Sherburne County, MN Doc. No. 41875 Certified filed and/or recorded on OS-28-2008 at 01:20 Cert.: 2232 Mi~~ch~~elle Ashe, Registrar of Titles BY~~!l~Deputy Fee: $ 46.00 iiiiiiiiiiiiui~i i~m~~n~~u~~u STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING ELK RIVER I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. remy B art Planning Manager IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk, River, Minnesota, in the County of Sherburne, in the City of Elk River, on the ~`~'~$ay of " f , 2008. DRAFTED BY: City of Elk River Elk River, Minnesota 55330 Signed before me a NOTARY PUBLIC this day of~ G~'LG~Lr , 2008. [~C~{JJ1I /, ~(//A.~i ~,(A~d~f~J . DEBdRAH KAY NUEBNER _ _ NOTARY PUBES -MINNESOTA "~ My Commission Expires Jan 37 ?010 S:\PLAIVNING MAIN\Case Files\CUP\CU 08-04 GRE\Recording doc.doc AMENDED CONDITIONAL USE PERMIT NO. 87-10 For Great River Energy (GRE) Waste Burning Facility This Amended Conditional Use Permit No. 87-10 was approved by the City Council of the City of Elk River on February 9, 1987, and amended by the City of Elk River on December 17, 1990, January 27, 1992, January 18, 1994, January 15, 1996, December 20, 1999, and February 9, 2004 subject to the following terms: This Amended Conditional Use Permit No. 87-10 (the Permit) is for the construction and operation, on the property identified in Exhibit A attached hereto, of the Great River Energy Waste Burning Facility as described in the Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility dated April 1986 and July 1986; and as described in the Combined Air and Solid Waste Permit No. 14100003-003 and all applicable amendments for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System and Permit for the construction and operation of a Waste Processing Facility and System, No. SW-305 issued by the Minnesota Pollution Control Agency (MPCA); and as described in (1) "Response to RDF Information Sheet Issued by the Concerned Citizens Against the Proposed Garbage Project," transmitted to the City by correspondence dated July 24, 1986; and (2) "Responses to the City of Elk River Concerns" transmitted to Mayor Richard Hinkle on August 19, 1986; and (3) correspondence from permittee to Mayor Richard Hinkle dated October 13, 1986; and as described in the application of United Power Association (Permittee) for a Solid Waste Facility License to permit the operation of a Waste Burning Facility (the Facility); and in the November 30, 1989, November 13, 1991, November 30, 1993, November 22, 1995, November 2, 1999 and December 19, 2003 applications of Permittee for renewal of the Conditional Use Permit for the Facility; and as further described in correspondence from Permittee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987, and in correspondence from Permittee to the City dated March 22, 1990, July 6, 1990, and November 20, 1991; all of which have been provided to the City in support of the application for this Conditional Use Permit and collectively describe the Waste Burning Facility authorized by this Permit. Construction or operation in violation of any of the material statements of ' fact, factual information, or representations in the referenced documents . ~ shall be deemed to be a violation of this Permit and all such documents are considered to be and are hereby made a part of this Permit. 2. Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Facility shall be provided substantially in accordance with the plans submitted by the Permittee and hereby made a part of this Permit. 3. All utility and street construction plans and specifications as presented by the Permittee for the Facility and servicing streets must be prepared by a Registered Civil Engineer in accordance with directions of and as approved by the City Engineer. 4. All building plans and specifications must be approved by the City Building Inspector and Fire Chief. 5. Approval of driveway entrances or exits, if needed, on State and County highways shall be secured from the appropriate agencies and filed with the City Environmental Administrator prior to issuance of any building permit. 6. The City shall have the right of access to the Facility and site. The City need not give prior notice to the Permittee for designated personnel to access the Facility or site during the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, or if any emergency occurs. At any other time, at least twelve (12) hours prior notice to the Permittee is required. Access shall be administered in accordance with the Permittee's safety standards, National Homeland Security rules and regulations and proprietary information requirements, and shall not interfere with the Permittee's ability to perform its contractual obligations. 7. All employee or visitor motor vehicles associated with Facility operation shall be parked on Facility property or on adjacent property owned by the Permittee, but not on adjacent lands not owned by Permittee or on adjacent streets. Adequate facilities must be provided to ensure that no vehicle delivering RDF to the Facility will have to wait outside the perimeter of the Facility site. 8. The City shall be notified by the Permittee immediately upon the release or spill of hazardous materials at the Facility; and of any violations of the conditions of the Permit, Air Emission Facility Permit No. 14100003-003 (and applicable amendments), or Permit for a Waste Processing Facility and System, No. SW-305 and NPDES Permit No. MN001988. Recommended Text: 2 The City shall be notified by the Permittee of any violations of the conditions of the Permit, Air Emission Facility Permit No. 14100003-003 (and applicable amendments) and NPDES Permit No. MN001988, consistent with the reporting requirements for each individual permit. The Permittee shall notify the City within 24 hours of discovery the release or spill of hazardous materials which could endanger human health or the environment. 9. This Permit authorizes burning at the Facility of up to 1,050 tons per day of RDF using a 12-month rolling average. 10. All RDF and Ash-hauling truck traffic must enter the Facility site directly from Highway 10, Highway 169, or Great River Energy Drive; and must exit the Facility directly onto Highway 169, unless otherwise approved or directed by the Environmental Administrator or his/her designees. All ash or other haul trucks leaving the Facility shall be securely covered so that no ash, or other particulate matter may escape. 11. Final plans and specifications for the Facility must be reviewed and approve by City staff and/or consultants prior to the issuance of a building permit for the Facility. 12. No RDF or Ash trucks maybe washed at the Facility unless prior approval is given by the City. 13. RDF receiving and handling areas in the Facility shall be fully enclosed to control odor and noise and sprinkled. The doors to the RDF receiving building shall remain closed at all times, except when trucks are entering or leaving, and RDF shall be moved from the receiving building to the burners as quickly as possible to control odors. If, in the judgment of City staff, odors migrating off the facility site continue to be unacceptable, staff may direct Permittee to deodorize. City staff may also direct Permittee to take such steps as may be necessary to control noise emanating from the Facility, including placement of mufflers on exhaust vents and stacks. 14. The Facility shall not undertake burning of RDF unless all necessary permits are in place. 15. The Permittee shall engage in regular and routine litter maintenance and removal program extending to areas on and off the Facility site adversely impacted by debris related to Facility operations, as may be determined by the City. 16. The Permittee shall reimburse the City for any and all expenses associated with Facility-related improvements to any city streets used by vehicles transporting RDF or Ash which serve as primary access to the Facility. The Permittee shall also reimburse the City for all patching and repair expenses in excess of the City's normal street maintenance program for such streets. 17. No exterior storage of RDF or Ash shall be allowed. RDF which is burning or smoldering when it arrives at the Facility may be temporarily deposited outside, in an area approved by City staff, for the purpose of putting out the fire. The designated fire fighting area shall be hard surfaced and diked if there is evidence of fire suppression water runoff to unpaved drainage areas. 18. The Permittee represents and warrants to the City that the Facility shall at all times comply with the performance standards descriptions and representations made in the Permittee's application for a Solid Waste Facility License to permit the operation of a Waste Burning Facility and in the correspondence from the permittee to John Klovning dated January 23, 1987, and with all applicable city, county, state, and federal laws and regulations, including without limitation, environmental laws and regulations. 19. The establishment and operation of the Facility shall at all times fully comply with the terms and requirements of this Permit and with the terms, requirements and conditions of Chapter 58, Article III of the City Code and the Solid Waste Facility License issued by the City for the Facility, including any requirements and conditions of said Chapter 58, Article III and/or said license which are not specifically set forth in this Permit. 20. All Ash shall be permanently transported out of the City except that portion, if any, which is attributable to solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash and residue disposal shall strictly comply with the requirements of Chapter 58, Article III of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for Ash disposal; which have been approved by the Minnesota Pollution Control Agency for Ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated at the Site. Any reuse of ash and residue, shall be subject to approval of the Minnesota Pollution Control Agency. 21. Responsibility for Costs: A. The Permittee shall pay all direct costs incurred by it or the City in conjunction with the application for this Permit and the development, operation, and regulation of the Facility, including without limitation legal, planning, consulting, engineering, and inspection expenses (including a reasonable charge for City staff 4 time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction and operation of the Facility, except those costs and expenses normally covered by the building permit fee. B. The Permittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Pennittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Permittee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Permittee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Permittee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Permittee, from any strict liability imposed upon the City pursuant to Minn. Stat. § 115B.01, et•seq. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Permittee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this Permit for the Facility. The indemnities provided in this paragraph B are subject to the limits of liability set forth in Minnesota Statutes Sections 46.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this Permit is intended to waive the immunities to which the City is entitled by law. 5 C. The Permittee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the Permit. D. The Permittee shall reimburse the City for all costs incurred in enforcement of this Permit, including consultant and attorneys' fees. Failure by Permittee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit or the License for the Facility, shall be cause for revocation of this Permit. 22. Miscellaneous: A. This Permit and its conditions shall be binding upon the Permittee and its successors and assigns. The assignment by the Permittee of its interest in the Facility shall not relieve it of responsibility and liability under this Permit without the written consent of the City, which consent shall not be unreasonably withheld. B. Violation of the terms of this Permit or Air Emission Facility Permit No. 14100003-003 or NPDES Permit No. MN0001988 by the Permittee shall entitle the City to any and all remedies available at law or in equity. If the City determines that such violation results in a clear and imminent danger to the health and safety of the City's residents, the City's remedies shall include immediate cessation of operation or construction, or both, without the necessity of a judicial order in advance of the same. In all other instances, the immediate cessation remedy shall be preceded by a hearing as provided by City ordinance. C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the Permit. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Permit. To be binding, amendments or waivers shall be in writing, signed by the Permittee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Permit shall not be a waiver or release. 23. Notices. Required notice to the Permittee shall be in writing, and shall be either hand delivered to the Permittee, its employees or agents, or mailed to the Permittee by certified or registered mail at the following address: 6 GRE ATTN: Manager, Elk River Station 17845 U.S. Highway 10 Elk River, Minnesota 55330-0800 Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the Environmental Administrator at the following address: City of Elk River Attn: Environmental Administrator 13065 Orono Parkway NW Elk River, Minnesota 55330 24. Review. The terms and conditions of this Permit and compliance by the Permittee shall be subject to review by the City prior to January 31, 2011. The City reserves the right to revoke, amend, or impose additional conditions on the Facility or the Permittee at such time taking into account the advancement of scientific knowledge relative to the health effects of the Facility, the Permittee's degree of compliance with current Permit conditions, and the criteria and standards of the City Code and Minnesota law. 7 The undersigned, on behalf of the Permittee, represents and binds Permittee to the terms of this Permit, having fully examined this Permit and all materials referred to herein and agrees to all the conditions set forth. Each person signing below on behalf of the Permittee does so upon the authority of the Board of Directors of the Permittee, and a resolution documenting such authority is attached hereto. STATE OF MINNESOTA COUNTY OFSHERBURNE PERMITTEE: GRE 1 ~ ~ By: (// Mary R th Its: Environmental Services Manager The foregoing instrument was acknowledged before me this~(~~ay of /'~r~~Cf/ , 2008, by /`1/a~~~o ,CaT~I ,the ~~Y/~~rtINPE~i7~G SE~i/iC~3 ~/ai/.~C of Great River Energy, a Minnesota corporation, on behalf of the corporation. LAURIE M. LARSEN Notary Public State of Minnesota My Commission Expires January 31 , 2010 l ~~ Notary of Public THIS INSTRUMENT WAS DRAFTED BY: Environmental Division City of Elk River EXHIBIT A SHERBURNE COUNTY 1. E[k River Headquarters, Generating Plant and Substations: A certain tract of land described in Certificate of Title #2232, dated January 22, 1973, by The Rural Cooperative Power Association, a corporation; as grantor, to Uneted~Pover Association, as grantee, and recorded in the Ofce of the Registrar of Titles, in Volume 8, on page 179. Legal Descri tion: That part of Government Lots 3 and 4 of Section 3, Township 32, Range 26 West, lying southwesterly of the Great Northern Railway Company's right of way; which ties northeasterly of a line run parallel with and distant 300 feet northeasterly of the first following described line; southeasterly of the second following described fine and northwesterly of the third following described fine: (1). Beginning at a point on the North line of said Section 3. disfiant 2309.5 feet West of the Northeast comer thereof; thence running southeasterly at an angle of 81 degrees 00 minutes with said North section fine for a distance of 1327.6 feet; thence deflect to the left on a 3 degree 00 minute curve, delta angle 39 degrees 04 minutes, for a distance of 1100 feet and there terminating; (2)_ From a point on the North line of said Section 3, distant 2057 feet West of the Northeast comer thereof, run southeasterly at an angle of 55 degrees 18 minutes with the said North section line for a distance of 190.74 feet; thence deflect to the right at an angle of 90 degrees and run southwesterly to the northeasterly right of way line of U.S. Highway 10 as now established, which is the point of beginning of the line to be described; thence back northeasterly along Line just described to a point of intersection with the southwesterly right of way line of the Great Northern Railway Company, the same being now located. and established, and then terminating; (3). From a point on the North fine of said Section 3, distant 2057 feet West of the Northeast corner thereof, run southeasterly at an angle of 55 degrees 18 minutes with said North section line for a distance of 2025.7 feet; thence deflect to the left at an angle of 76 degrees 15 minutes and run northeasterly to the southwesterly right of way fine of the Great Northern Railway Company, as same is now located and es#ablished over and across said tract to the point of beginning of line to be described; thence run southwesterly vn the last above described course for a distance of 750 feet and there terminating; excepting therefrom the following tract: From a point on the North line of said Section 3, distant 2057 feet West of the Northeast comer thereof, run southeasterly at an angle of 55 degrees 18 minutes with said North section line for a distance of 2025.7 feet; thence deflect to the right at an included angle of 76 degrees 15 minutes with the line just described to the northeasterly right of way line of U.S. Niighway 10 as now located, and which point is th,e point of beginning of the line of the land to be described; thence back northeasterly 200 feet along the line just described; thence left 90 degrees northwesterly 200 feet, thence left 90 degrees southwesterly to intersection with northeasterly right of way line of U.S. Highway 10 as now located; thence southeasterly along said highway right of way .line to the point of beginning. The said tract containing 15,5 acres, more or less, and subject to restrictions of access along the entire southwesterly boundary of the above tract except between points distant 9056 feet and 1171 feet, respectively, and southeasterly along the southwesterly boundary of the above tract measured from the intersection of said southwesterly boundary and the northwesterly boundary; and also except between points 250 feet and 330 feet, respectively, along the same boundary and measured from the same point as in the exception from the restriction of access set out immediately above; Boundaries are judicially determined and adjudged to be as referred to in the description above and as set forth in the Survey, attached to Inst. No. 1380, fried in file No.. 947; Office of the Registrar of Titles, Sherburne County, Minnesota. 2. EIk River Headquarters, Generating Plant and Substations: A certain tract of land described in Quit Ctaim Deed #90158; dated June 17, 1959, by the State of Minnesota, as grantor, to The Rural Cooperative Power Association, as grantee, and recorded in the Office of the Register of Deeds as Instrument #90158. Legal Description; All that part of the following described tract: That part of Government Lots 3 and 4 of Section 3, Township 32 North, Range 26 West; lying northeasterly of the railway; which lies westerly of a line run parallel with and distant 200 feet westerly of the following described fine; f=rom a point on the North line of said Section 3, distant 403 feet V~Test of the Northeast comer thereof run northwesterly at an angle of 72 degrees 19 minutes with said North section line for 600 feet to the .point of beginning of line to be described; thence run southeasterly along the last above described course for 696.48 feet; thence deflect to the right on a fen chord spiral curve of decreasing radius (spiral angle 06 degrees 00 minutes) for 400 feet; thence deflect to the right on a 03 degrees 00 minutes circular curve (delta angle 23 degrees OS minutes) for 770 feet; thence deflect to the right on a ten chord spiral curve of increasing radius (spiral angle 06 degrees 00 minutes) for 400 feet; thence on tangent to said curve for 400 feet and there terminating; excepting therefrom the following described tract Beginning at a point on the North line of said Section 3, distant 1195 97 feet West of the Northeast comer of said Section 3; thence at right angles South 0 degrees 07 minutes 30 seconds East 240 feet; thence South 77 degrees 35 minutes West 409.47 feet; thence North 34 degrees 52 minutes West 398.2 feet, more or less, to its intersection with the North line of said Secfion 3; thence North 89 degrees 52 minutes 30 seconds East along the North line of said Section 3 a distance of 627 feet to the point of beginning, and excepting the following described tract: Govemmen~ Lot 3 of Section 3, Township 32 North, Range 26 West, lying northeasterly of the Railway; which lies easterly of a line run parallel with and distant 200 feet easterly of the following described line: From a point on the Narhh fine of said Section 3, distant 2309.5 feet West of the Northeast corner thereof, run southeasterly at an angle of 81 degrees 00 minutes with said North section line for a distance of 2005.2 feet; thence deflect to the left at an angle of 39 degrees 04 minutes for a distance of 1588.3 feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a distance of 50 feet; thence deflect to the left at an angle of 24 degrees 36 minutes for a distance of 624.7 feet to the point of beginning of line to be described; thence continue northeasterly on the above described course for a distance of 872..3 feet; thence deflect to the left on a 2 degrees 00 minutes curve, delta angle 15 degrees 45 minutes for a distance of 400 feet and there terminating; containing 31,90 acres, more or less_ Subject to the following restriction: • No access shall be permitted to Trunk Highway No. 187 from the above described real estate. and reserving the right of the State of Minnesota to remove earth materials which may be required for the construction f and maintenance of trunk highways in the vicinity of said real estate, 3. Eik River Headquarters, Generatin Plant and Substations: A certain tract of land described in Quit Claim Deed #86237, dated April 10, 1957, by Bina Nord, single; as grantor, to The Rural Cooperative Power Association, as grantee. and recorded in the office of the Register of Deeds on April 27, 1957 in Book 84 of Deeds, page 37. Legal Description: That part of Government Lot 3 of Section 3, Township 32 North, Range 26 1l1/est,'lying southwesterly of the railway right of way; which lies northeasterly of a line run parallel with and distant 300 feet northeasterly of the first following described line and within a distance of 300 feet southeasterly of the second following described line: Line 1: Beginning at a~point on the north tine of said• Section 3, distant 2309.5 feel west of the northeast corner thereof; thence run so~rtheasterly at an angle of 81 degrees 00 minutes with said north section line for 1327.6 feet; thence deflect to the {eft otm a 3 degree 00 minute curve (delta angle 39 degrees 04 minutes) for 1302..2 feet and there terminating; Line 2: From a point on the north fine of said Section 3, distant 2057 feet west of the northeast corner thereof; run southeasterly at an angle of 55 degrees 18 minutes with said north section line for 2025.7 feet; thence deflect to time left at an angle of 76 degrees 15 minutes for 100 feet to the point of beginning of line to be described; thence run southwesterly along the last described course to the above described 300-foot parallel line Containing 4.48 acres., more or less 4. Elk River Headquarters, Generating Plant and Substations: A certain tract of land described in Warranty Deed #85408, dated October 15 1956, by Village of Elk River, as grantor, to The Rural Cooperative Power Association, as grantee, and recorded in the office of the Register of Deeds on October 30, 1956 in Book 75 of Deeds, page 509. Legal Description: That part of Govenmmermt Lot 3 of Section 3, Township 32, Range 2G described as follows: Commencing at a point on the North fine of said Section 3 distant 2057 feet west of the ` iortheast comer thereof; run southeasterly at an angle of 55 degrees 18 minutes with said north section Line for a distance of 2025.7 feet; thence defilect to the right at an included angle of 76 4 degrees 15 minutes with the Gne just described to the northeasterly right of way line of U.S. Highway Na_ 10 as now located, and which point is the point of beginning of the Gne of• the (and to be_ described; thence back northeasterly 200 feet along the fine just described; thence left 90 degrees northwesterly 200 feet; thence left 90 degreesYso~~thwesterly to intersection with northeasterly right of way line of U.S. Highway 10 as now Located; thence southeasterly along said highway right of way to the point of beginning 6. Elk River Headquarters Generatin Plant Expansion: A certairi tract of~(an3 described in' "~ -- Warranty Deed by Earl H. Hvhlen and Lorraine M. Hohlen, husband and wife, and Wiiiiam N. Swanberg and Kathaleen M. Swanberg, husband and wife, as grantors, to United Power Association, as grantee, recorded in the Office of the County Recorder. Legal Description: That part of the Southeast quarter of the Southeast quarter (SE% of SE%) of Section 34, Township 33, Range 26, Sherburne County, Minnesota, described asp Commencing at . a point on the North line of said Southeast quarter of the Southeast quarter (SE'/ of SE'/Q) a distance of 66.00 feet, as measured at right angles, east of the northwest comer thereofi thence east along said North lips for a distance of 176.00 feet; thence south parallel with the West line of said Southeast quarter of the Southeast quarter (SE'/ of SE'/4) for a distance of 506.00 feet to a point to be hereafter known as Point "A" for the purposes of this description; thence west ,parallel with said North line of the Southeast quarter of the Southeast quarter (SE'/a of SE'/4) for a distance of 176.00 feet to intersect the East line of the West 66.00 feet, as measured at right angles, of said Southeast quarter of the Southeast quarter (SE'/ of St~%), said point of intersecfion also being the actual Point Of Beginning of the land to be hereby described; thence return east along said parallel line to said Point''A"; thence southeasterly parallel with the westerly line of the right of way of U.S. Highway No. 169 for a distance of 840.84 feet, more or less, tQ intersect the South fine of said Southeast quarter of the Southeast quarter (SE'/d of SE'/); thence west along said South line for a distance of 424.29 feet, more or less, to the southeast comer of said West 66.00 feet .of the Southeast quarter of the Southeast quarter (SE%a of SE'/s); thence north along said East [ins of the West 66..00 feet for a distance of 797,17.feet, more ar less, to the Point of Beginning. Containing 5.,51 acres, more or less. Subject to easements of record, if any, 7. Eik River Headquarters Generating Plant Expansion - IiPA Drive: A certain tract of land described in Quit Claim Deed #257599, dated December 13, 1993 by the City of Elk River, a municipal corporation, as grantors, to United Power Association, as grantee, recorded in the Office of the County Recorder as Instrument #287599. Legal Description: Outlot A, Creamery Addition, according to the recorded plat thereof. 1 aL, CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE GREAT RIVER ENERGY (GRE) WASTE BURNING FACILITY This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City), pursuant to Chapter 58, Article III (the Solid Waste Ordinance) of the City of Elk River Code of Ordinances (the City Code) to GRE (the Licensee) for the establishment and operation of a Waste Burning Facility (the Facility) upon the property legally described in Exhibit A to this License (the Site). I. This License authorizes the establishment and operation of a Waste Burning Facility which will burn a maximum of one thousand fifty (1,050) tons per day of refuse derived fuel (RDF) using a 12-month rolling average, as described in: Licensee's Application for a Solid Waste Facility License to Permit the Operation of a "Waste Burning Facility" and supplemental correspondence from Licensee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987; Licensee's November 30, 1989, application for renewal of the License for the Facility; Licensee's November 13, 1991, application for renewal of the license and supplemental correspondence from Licensee to the City's Consultant dated November 20, 1991; Licensee's November 30, 1993, application for renewal of the License; Licensee's November 22, 1995, application for renewal of the License; Licensee's November 2, 1999, application for renewal of the License, and Licensee's December 19, 2003 application for renewal of License, including all attachments thereto; The Air Emissions Permit No. 1410000-003 (and applicable amendments), issued by the Minnesota Pollution Control Agency (MPCA). II. This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes of: Satisfying the standards set forth in the Elk River City Code of Ordinances, including Chapter 58, Article III and Chapter 30 thereof; 2. Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and 5. Preventing land, water, or air pollution. III. Requirements and Conditions: Incorporation of Plans and Application Materials. Construction and operation of the Facility shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which are hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual information, or representations made by the License to the City or MPCA shall be deemed to be a violation of this Permit. 2. Submission of Final Plans. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. 3. Incorporation of MPCA Permit and Regulations. The terms and conditions of the MPCA Permit and all MPCA Regulations applicable to the Facility are specifically incorporated into the License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Special Conditions;" "Special Conditions Relating to DJ and Solid Waste;" and "General Conditions" of the MPCA Permit. Any violation of the MPCA Permit or any MPCA Regulation will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any violation of the terms, conditions, or requirements of the MPCA Permit or MPCA Regulations, and shall advise the City as to what steps will be taken to correct said violations. 4. Incorporation of Amendments to MPCA Permit or Regulations No amendment or change to any term, condition, or requirement of the MPCA Permit or Regulations shall be incorporated into this License or become effective with respect to this License until the City has received notice of the proposed amendment an has specifically consented thereto by amending this License to incorporate the MPCA Permit Amendment, except those amendments which impose stricter performance, performance standards, testing or reporting requirements on the Facility. 5. Reporting Requirements. Copies of all plans, studies, reports, and other materials required to be submitted to the MPCA by Licensee shall be filed with the City, unless the City Environmental Administrator or his/her designated representative specifically notifies Licensee in writing that copies of specific documents will not be necessary. Materials which must c:\documents and settingsMallard\local settings\temporary intemet fZles\olkf\grelic(new)-original.doc be provided unless declined include, without limitation, all plans and specifications; performance testing and monitoring results; testing and monitoring plans; the ash management program, including the ash disposal plan and ash evaluation reports; and all emission inventory reports. 6. Incorporation of Solid Waste Facilities Ordinance. The Facility and Licensee must at all times fully comply with the requirements of Chapter 58, Article III of the City Code, including specifically Sections 58-193 and 58-194. Any violation of the City Code will constitute a violation of the terms of the License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. 7. Incorporation of City Zoning Ordinance and Conditional Permit. The Facility and Licensee must at all times comply with the terms and conditions of the conditional use permit issued for the Facility (the "CUP") and with the City's Land Development Regulations Ordinance, including the performance standards set forth in Division 5, Subdivision V thereof. Any violation of the CUP or the Zoning Ordinance will constitute a violation of the terms of the License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. 8. Performance Testing. In addition to all testing and monitoring required by the MPCA Permit, Licensee shall test the emission levels from the Facility of Polychlorinated Dibenzo-p-Dioxins (PCDD) and Polychlorinated Dibenzofurans (PCDF) (Dioxins and Furans) and the following heavy metals every twelve (12) months: arsenic, beryllium, cadmium, chromium, lead, mercury, nickel, and selenium. 9. Hazardous and Dangerous Wastes. There shall be no burning of Hazardous waste at the Facility. There shall be no burning of Dangerous Waste at the Facility without prior written approval from the City. All activities associated with dangerous and hazardous waste shall be conducted in accordance with city, state and federal rules governing storage, use and disposal. Licensee shall notify the City immediately upon the release or spill of any hazardous or dangerous waste at the Facility and shall advise the City what steps will be taken to contain and clean-up any such release or spill. 10. Storage Areas to be Fully Enclosed. All RDF receiving, handling, and storage areas at the Facility, shall be fully enclosed and sprinkled, including the pit in the receiving building, the hood over the conveyor in the receiving building, and the entire RDF conveyor from the receiving building to the burners. Adequate ash storage facilities shall be provided to insure that under no circumstances will ash be stored in anything but c:\documents and settingsMallard\local settings\temporary Internet ~les\olkflgrelic(new)-original.doc fully enclosed structures. Ventilation and filters shall be provided for this building sufficient so that ash particles are not being exhausted outside the building. All ash and other haul trucks leaving the Facility shall be securely covered so that no ash, residue, or other particulate matter may escape. 11. Ash Disposal. All ash shall be permanently transported out of the City except that portion, if any, which is attributable to municipal solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash disposal shall strictly comply with the requirements of Chapter 58, Article III of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for ash disposal; which have been approved by the Minnesota Pollution Control Agency for ash disposal; and which are equipped with a line and leachate collection system adequate to collect all leachate which maybe generated at the Site. 12. RDF and Ash truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, all trucks hauling RDF to the Facility from Resource Recovery Technologies, LLC (RRT) must enter the Facility directly from Highway 10, GRE Drive, or Highway 169. RDF trucks returning from the Facility to the RRT Facility shall use the following route: From the Facility directly onto Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Avenue, and from 165th Avenue directly into the RRT Facility. All ash and other hauling truck traffic must enter the Facility directly from Highway 10, GRE Drive, or Highway 169; and must exit the Facility directly onto Highway 169. As needed, routes other than those described above maybe approved or ordered by the Environmental Administrator and his/her designees. Incoming and outgoing traffic from the Facility shall be controlled by the Licensee in such a manner as to provide orderly and safe ingress and egress and so as not to impede or interfere with general traffic. 13. Si i1a~e. Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility and the MPCA Permit number. 14. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by Chapter 58, Article III of the City Code. 15. Inspections. Licensee shall make the Facility available for inspections as required by the CUP and Chapter 58, Article III of the City Code. c:\documents and settingsMallard\local settings\temporary intemet ~les\olkflgrelic(new)-original.doc 16. Insurance and Bonding. The License shall not take effect until the insurance and bonding requirements set forth in Section 58-127 of the City Code have been complied with. 17. Expiration and Renewal. This License shall expire on January 31, 2011, as provided by Chapter 58, Article III of the City Code. Renewal of this License shall be governed by the procedures and standards set forth in Section[s] 58-128, 58-129 and 58-130 of the City Code. 18. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth Chapter 58, Article III of the City Code. 19. Violations. Any violation of the terms and conditions of this License shall also be considered a violation of Chapter 58, Article III of the City Code and, in addition to suspension or revocation of this License as provided in Section 58-130 of the City Code, the City may proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 58-103 thereof. 20. Indemnification of City. Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Licensee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. § 115B.01, et.seq. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or c:\documents and settingsMallard\local settings\temporary Internet ~les\olkf\grelic(new)-original.doc costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 20 are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. 21. Waiver and Claims. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. 22. Costs. The License shall reimburse the City of all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in Chapter 58, Article III of the City Code. Failure by Licensee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit for the Facility, shall be cause for revocation of this License. 23. License Binding. This License and its conditions shall be binding upon Licensee and its successors and assigns. The assignment by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be unreasonably withheld. 24. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this License, the CUP, the MPCA Permit, or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the License. 25. Amendments or Waivers in Writin;;. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this License. To be binding, amendments or waivers shall be in writing, signed by the Licensee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this License shall not be a waiver or release. 26. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following address: c:\documents and settingsMallard\local settings\temporary Internet ~les\olkflgrelic(new)-original.doc GRE ATTN: Manager, Elk River Station 17845 U.S. Highway 10 NW Elk River, Minnesota 55330 Notice to the City shall be in writing, and shall be either hand delivered to the Environmental Administrator at the following address: City of Elk River 13065 Orono Parkway NW Elk River, Minnesota 55330 Attention: Environmental Administrator IV. This License will take effect when all of the conditions precedent to the issuance of the License have been met and Licensee, or its duly authorized representative, has executed this License indicating Licensee's consent to all of the terms and conditions of this License, the conditional use permit for the Facility, and Chapter 58, Article III of the City Code. V. In no event shall operations at the Facility commence until all of the terms, conditions and requirements contained in or incorporated into this Licensee have been inet, including all required tests, reports, and inspections. Dated: By: F (i~ q Step anie A. Klinzing, r By: Rebecca Haug, Envir mental Administrator c:\documents and settingsMallard\loca] settings\temporary Internet f11es\olkflgrelic(new)-original.doc CONSENT OF LICENSEE The >uldersigned duly authorized representative of GRE, the Licensee under this License, on behalf of the Licensee, represents that Licensee has fully examined this License, the Conditional Use Permit for the Facility, and Chapter 58, Article III of the City Code; and that Licensee consents to each and every condition contained in or incorporated into the License, the CUP, and the City Code. Each person signing below on behalf of the Licensee does so upon the authority of the Board of Directors of the Licensee, and a resolution documenting such authority is attached hereto. LICENSEE: GRE fJ ~--~j~~ %~~~ r __ By: / ~ Its: ,' Mary Jo Rot -Manager nvironmental Services By: Its: c:\documents and settingsMallard\local settings\temporary intemet ~les\olkflgrelic(new)-original.doc e ~-~Q~ ~3 c ~ ~~~~- CITY OF ELI RIVER SOLID WASTEFACILITY LICENSE ~~ ~ ~ ' ~ ~ ~ ELIL RIVER RESOURCE PROCESSING PLANT WASTE PROCESSING FACILITY This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City=), pursuant to Chapter 58, Article III (the Solid Waste Facilities Ordinance) of the City of Elk River Code of Ordinances (the City= Code) to Great River Energy= (Licensee) for the establislunent and operation of a Waste Processing Facility= (the Facility) upon the property legally .described as: The Southwest one-quarter of the Southeast one-quarter (SW1/4 of the SE1/4) of Section 11, Township 32, Range 26, according to Government Land Survey, except the South 468 feet of the West 495 feet thereof, subject to highway easement of record (the. Site). L This License authorizes the establishment and operation of a Waste Processing Facility of municipal solid waste (MSW) into refuse derived fuel (RDF), as described in: 1. Prior Licensee's "Application for a Solid Waste Facility License to Permit the Operation of a Waste Processing Facility" and prior Licensee's November 28, 1989 application for renewal of the License for the Facility and supplemental correspondence from prior Licensee to the City dated April 2, 1990, April 17, 1990, July 2, 1990, August 3, 1990 and September 6, 1990; prior Licensee's November 20, 1991, application fox renewal of the License; prior Licensee's February 1, 1993, application for renewal of the License; .prior Licensee's November 8, 1995, application for renewal of the License; prior Licensee's November 2, 1999, application for renewal of the license; prior Licensee's December 22, 2003, application for renewal of the license; and prior Licensee's October 12, 2005, application for renewal of the license and prior Licensee's November 17, 2008, application for renewal of the license. 2. The Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility, dated April 1986, and July 1986; 3. The Combined Air and Solid Waste Permit No. 14100022-003 for an Air Emission Facility, Air Pollution Control Equipment, and Solid Waste Processing System, and Permit for the Construction and Operation of a Waste Processing Facility, No. SW- 305 (collectively referred to as the MPCA Permit), issued by the Minnesota Pollution Control Agency (MPCA). II. This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes o£ s 1. Satisfy=ing the standards set forth in the Elk River City Code of Ordinances, including Chapter 58, Article III and Chapter 30 thereof; 2. Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the CitS; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and 5. Preventing land, water, or air pollution. III. Requirements and Conditions: 1. Incorporation of Plans and Application Materials. Construction and operation of the Facilit~~ shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which axe hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual information, or representations made by the Licensee to the City or MPCA shall be deemed to be a violation of this License. 2. MPCA Permit. The terms and conditions of the MPCA Permit axe specifically .incorporated into this License and the Licensee shall comply urith all such terms and conditions including, without limitation, the "Operating Conditions," "Special Operating Requirements," and "General Conditions: of the MPCA Permit and that portion of the MPCA Permit denoted "Permit No. SW-305." Any ~riolation of the MPCA Permit will constitute a violation of the terms of this license. Licensee shall notifl= the City= immediately of any violation of the terms, conditions, or requirements of the MPCA Permit, and shall advise the CitS= as to what steps will be taken to correct said violations. 3. Amendments to MPCA Permit. No amendment or change to any term, condition, or requirement of the MPCA Permit shall be incorporated into the License or become effective with .respect to this License until the CitS= has received notice of the proposed amendment and has specifically consented thereto by amending this License to incorporate the MPCA Permit Amendment. 4. Reporting Requirements. Copies of all plans, studies, reports, and other materials required to be submitted to the MPCA by Licensee shall be filed with the City, unless the City Environmental Administrator or his designated representative specifically notifies Licensee in writing that copies of specific documents will not be necessary. Materials, which must be provided unless declined, include, with limitation, all plans and specifications; Operations Reports; residue management plans; annual residue reports; contingency disposal plans; and waste composition studies. 5. Solid Waste Facilities Ordinance. The Facility and Licensee must at all times fully comply with the requirements of Chapter 58, Article III of the CitS~ Code, including specifically Sections 58-213 and 58-214. Any violation of the City Code will constitute a tiriolation of the terms of this License. Licensee shall notify the City immediately of anyT such isolation and shall advise the CitS~ as to what steps will be taken to correct said violations. 6. City Zoning Ordinance and Conditional Permit. The Facility and Licensee must at all times comply with the terms and conditions of the conditional use permit issued for the facility (the "CUP") and with the CitS~'s Land Development Regulations Ordinance, including the performance standards set forth in Division 5, Subdivision V thereof. Any violation of the CUP or the Zoning Ordinance will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said ~~iolations. 7. Prohibited Waste. This license does not authorize the Licensee to receive or process wastes determined to be hazardous in accordance with United States Environmental Protection Agency (USEPA) Hazardous Waste Regulations and MPCA Hazardous Waste Rules. In the event any hazardous waste is inadvertently received at the facility, the Licensee shall handle the waste in accordance with USEPA Hazardous Waste Regulations and MPCA Hazardous Waste Rules. The facility shall not accept any hazardous or dangerous wastes, or any wastes listed below (Prohibited Wastes) except in amounts found normally in household waste: a. Liquids b. Digested sewage sludge, lime sludge grit chamber screenings, bar screenings, and other sludges, special infectious waste, raw sewage, raw animal manure, or septic tank pumpings; however, the City may approve disposal of these wastes based on consideration of such factors as chemical composition, free moisture content and workability. c. Other substances that may be deemed unacceptable by the MPCA or the City. 8. Licensee shall develop a plan for identifying Prohibited wastes and the generators of such waste. This plan shall include, at a minimum, the following elements: A) Licensee shall thoroughly inspect a minimum of twenty (20) MSW loads per month (average) selected on a random basis. This inspection shall include a visual inspection of the content of each load. B) Licensee shall submit to the City a quarterly report containing, at the minimum, the following information of each load inspected: (i) The hauler and truck number of the load; (ii) Any Prohibited waste found in the load (iii) Licensee's efforts to identify- the generator of any Prohibited waste found in the load. (iv) The identity, if known by Licensee, of the generator of any Prohibited waste found in the load; A (v) The actions which Licensee is taking against the generator anal hauler of any such Prohibited waste found in the load; (vi) Licensee's record of disposal of any Prohibited waste found in the load. C) Licensee shall advise the City= Environmental Administrator, if requested, when these loads are being inspected and the City shall have the right to have its personnel on-site to observe the inspection process. D) Licensee shall notify the City of all down time major repairs and cleaning of the Facility. City= shall have the right to thoroughly inspect the Facility for cleanliness and compliance with the other terms of this License during such down time. E) To further ensure compliance with restrictions in this License, and in Chapter 58, Article III of the City Code of Ordinances, on the handling. and processing of hazardous and dangerous wastes, and to protect the public health, safety, and general welfare of the citizens of Elk River, the City shall have the right, upon thirty= (30) days notice to Licensee, to have an inspector at the Facility twenty-four (24) hours a day. These .inspectors shall have the right of access to all areas of the Facility, twenty=-four (24) hours a day, for the purposes of inspection to ensure compliance with all of the terms and conditions of this License, the conditional use permit for the Facility, and Chapter 58, Article III of the City Code. The on-site City inspector shall have the right at any time to take one or more of the following actions: (i) Order a load of MSW inspected, pursuant to the procedures set forth above; (ii) Order the Facility shut down if necessary to bring it into compliance with any other term or condition of this License, the conditional use permit for the Facility, or Chapter 58, Article III of the City Code. 9. RDF and Reject Disposal. All Mixed Municipal Solid Waste shall be disposed of in strict compliance with the requirements of Chapter 58, Article III of the City Code and Chapter 7035 of Minnesota Rules. 10. RDF Truck Haul Routes. To minimise the impact of the Facility on other land uses and activities in the area, incoming and outgoing traffic from the Facility shall be controlled by the Licensee in such a manner as to provide orderly and safe ingress and egress and so as not to unpede or interfere with general traffic. 11. Processing and Storage Areas to be Fully Enclosed. All MSW and RDF receiving, processing, and storage areas at the Facility shall be fullj- enclosed except that bulh-y rejects (e.g., tanks, white goods, rises etc) may be stored outside the building in covered shelters and hot loads may be temporarily stored in the hot load area. a J Adequate facilities shall be pro~rided to insure that under no circumstances will .there be any exterior storage of MSW or RDF, except in enclosed trailers or trucks. Licensee shall create a 20-foot open space (fire break) between theconveyor on the tipping floor of the Facility= to the garbage on the tipping floor. All RDF haul trucks leaving the facility shall be securely covered so that no RDF or other matter may escape. 12. Hours. The Facility may operate twenty-four (24) hours a day. The City reserves the right to restrict the hours of operation of the Facility= to normal Business hours if noise emanating from the Facility to surrounding residential properties is unacceptable. Receiving and transporting MSW and rejects at the Processing Facility may take place twenty-four (24) .hours a day. However, the City reserves the right to restrict further the Hours of receiving and transporting MSW at the processing facility= if necessary= to protect the public health, safety, or general welfare. RDF may= be transported twenty-four (24) hours a day. Licensee shall provide an area at the Facility for disposal of solid waste by= individual citizens. Licensee shall also advertise on at least a quarterly basis the availability of this public drop off facility and the fee charged for it, and shall cooperate with the City in recycling efforts. 13. Wash Water and Storm Water Run off. All truck .and facility wash water shall be diverted and captured in a retention tank so it does not enter the groundwater system. Captured wash down water shall be disposed of as required by the MPCA, and shall not be disposed of in the City's Waste Water Treatment Plant. Testing of storm water run-off captured in the on-site retention/detention pond shall be conducted in accordance with State requirements. Licensee shall provide City= evidence of storm water NPDES permit coverage for industrial activities and a copy of the permittee's Storm Water Pollution Prevention Plan. 14. Security and Litter Control. The Facility shall be enclosed by a minimum six foot and no more that eight foot high chain link fence. Licensee shall engage in a regular and routine litter maintenance and removal program as required by the CUP. 15. Svge. Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility, the MPCA Permit number and stating the hours and days the Facility is open for public use. 16. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by Chapter 58, Article III of the City Code. 17. InsnT ns. Licensee shall make the Facility available for inspections as required by the CUP and Chapter 58, Article III of the City Code. 18. Insurance and Bonding. This License shall not take effect until the insurance and bonding requirements set forth in Section 58-127 of the City= Code have been complied with. 19. Expiration and Renewal. This License shall expire on January 31, 2012, as pro~Tided by= Chapter 58, Article III of the City Code. Renewal of this License shall be governed b5~ the procedures and requirements of Section[s] 58-128, 58-129 and 58- 130 of the Cit-~~ Code. 20. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth in Chapter 58, Article III of the City Code. 21. Violations. Any violation of terms and conditions of this License shall also be considered a violation of Chapter 58, Article III of the City Code and, in addition to suspension or revocation of this License as provided in Section 58-130 of the CitS~ Code, the City may Proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 58-103 thereof. 22. Indemnification of Cit<~. Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Licensee shall indemnify the CitST, its officers, and employees for all costs, damages, or e~-penses which the CitST may pay or incur in consequence of such claims, including. attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the. occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the CitST, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the Cit1T shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to .act as co-counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the Citsr pursuant to Minn. Stat. 115b.01, et. sec .. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure acti~rities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation of the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License fo>• the Facility. The indemnities provided in this paragraph 23 are subject to the limits of liability set forth in Minnesota Statutes Sections 46G.04 and 466.06, as amended from time to time, if effective as to the. particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the CitS- is entitled by law. 23. Waiver and Claims. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. ,. 24. Costs. The Licensee shall reimburse the Cit<= fox all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in Chapter 58, article III of the City Code. Failure by Licensee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit for the Facility, shall be cause for revocation of this License. 25. License Binding. This License and its conditions shall be binding upon Licensee and its successors and assigns. The assignment by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be unreasonably withheld. 26. Severabilit<~. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this license, the CUP, the MPCA Permit or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity= of the remaining portions of the License. 27. Amendments or Waivers in Writing. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this License. To be binding, amendments or waivers shall be in writing, signed by the Licensee, and approved by written resolution of the City= Council. The City's failure to promptly take legal action to enforce this License shall not be a waiver or release. 28. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following addresses: Great River Energy ATTN: Manager~Elk River Station 17845 US Hwy 10 Elk River MN 55330-0800 Great River Energy ATTN: Manager, Environmental Services 12300 Elm Creek Boulevard Maple Grove, MN 55369-4718 Notice to the City= shall be in writing, and shall be either hand delivered to the Environmental Administrator, or mailed to the City by certified or registered mail in care of the Environmental Administrator at the following address: City- of Elk River 13065 Orono Parkway Elk Rig=er, MN 55330 Attention: Environmental Administrator N. This License will take effect when all of the conditions precedents to the. issuance of the License have been met and Licensee, or its duly authorized representative, has executed this License indicating Licensee's consent to all of the terms and conditions of the License, the Conditional Use Permit for the Facility, and Chapter 58, Article III of the City Code. V. In no event shall operations at the Facility commence until all of the terms, conditions and requirements contained in or incorporated .into this Licensee have been met, including all required test, reports, and inspections. Dated: sy: Stephanie A. Klinzing, Mayor By: Tina Allard, City Clerk CONSENT OF LICENSEE The undersigned duly authorized representative of Great River Energy the Licensee under this License, on behalf of the Licensee, represents that Licensee has fully examined this License, the Conditional Use Permit for the Facility, and Chapter 58, Article III of the City Code; and that Licensee consents to each and every condition contained in or incorporated into the License, the CUP, and the City Code. Each person signing below on behalf of the Licensee does so upon the authority of the Board of Directors of the Licensee, and a resolution documenting such authority is attached hereto. LICENSEE: Great River Energy By: Its: Manager, Environmental Services STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this 2010, by ,the Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) _ day of Great River Energy, a The foregoing instrument was acknowledged before me this day of 2010, by Stephanie A. hlinzing, Mayor of the City of Elk River and Tina Allard, Cite Clerk of the Cits~ of Elk River, on behalf of the City of Elk River, Minnesota. Notary Public .- THIS INSTRUMENT ~'AS DRAFTED BY Gray, Plant, MootS~, Moot<~ & Bennett 500 IDS Center 80 South 8th Street Minneapolis, Minnesota 5540? THIS INSTRUMENT WAS MODIFIED BY: The Community, Development Department of the City of Elk River ~m J ~, ~ ~~r ~v AMENDED CONDITIONAL USE PERMIT NO. 87-10 For Great River Energy (GRE) Waste Burning Facility This Amended Conditional Use Permit No. 87-10 was approved by the City Council of the City of Elk River on February 9, 1987, and amended by the City of Elk River on December 17, 1990, January 27, 1992, January 18, 1994, January 1 ~, 1996, December 20, 1999, and February 9, 2004 subject to the following terms: 1. This Amended Conditional Use Permit No. 87-10 (the Permit) is for the construction and operation, on the property identified in Exhibit A attached hereto, of the Great River Energy Waste Burning Facility as described in the Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility dated April 1986 and July 1986; and as described in the Combined Air and Solid Waste Permit No. 14100003-003 and all applicable amendments for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System and Permit for the construction and operation of a Waste Processing Facility and System, No. SW-305 issued by the Minnesota Pollution Control Agency (MPCA); and as described in (1) "Response to RDF Information Sheet Issued by the Concerned Citizens Against the Proposed Garbage Project," transmitted to the City by correspondence dated July 24, 1986; and (2} "Responses to the City of Elk River Concerns" transmitted to Mayor Richard Hinkle on August 19, 1986; and (3) correspondence from permittee to Mayor Richard Hinkle dated October 13, 1986; and as described in the application of United Power Association (Permittee) for a Solid Waste Facility License to permit the operation of a Waste Burning Facility (the Facility); and in the November 30, 1989, November 13, 1991, November 30, 1993, November 22, 1995, November 2, 1999 and December 19, 2003 applications of Permittee for renewal of the Conditional Use Permit for the Facility; and as further described in correspondence from Permittee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987, and in correspondence from Permittee to the City dated March 22, 1990, July 6, 1990, and November 20, 1991; all of which have been provided to the City in support of the application for this Conditional Use Permit and collectively describe the Waste Burning Facility authorized by this Permit. Construction or operation in violation of any of the material statements of fact, factual information, or representations in the referenced documents shall be deemed to be a violation of this Permit and all such documents are considered to be and are hereby made a part of this Permit. 2. Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Facility shall be provided substantially in accordance with the plans submitted by the Permittee and hereby made a part of this Permit. 3. All utility and street construction plans and specifications as presented by the Permittee for the Facility and servicing streets must be prepared by a Registered Civil Engineer in accordance with directions of and as approved by the City Engineer. 4. All building plans and specifications must be approved by the City Building Inspector and Fire Chief. 5. Approval of driveway entrances or exits, if needed, on State and County highways shall be secured from the appropriate agencies and filed with the City Environmental Administrator prior to issuance of any building permit. 6. The City shall have the right of access to the Facility and site. The City need not give prior notice to the Permittee for designated personnel to access the Facility or site during the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, or if any emergency occurs. At any other time, at least twelve (12) hours prior notice to the Permittee is required. Access shall be administered in accordance with the Permittee's safety standards, National Homeland Security rules and regulations and proprietary information requirements, and shall not interfere with the Permittee's ability to perform its contractual obligations. 7. All employee or visitor motor vehicles associated with Facility operation shall be parked on Facility property or on adjacent property owned by the Permittee, but not on adjacent lands not owned by Permittee or on adjacent streets. Adequate facilities must be provided to ensure that no vehicle delivering RDF to the Facility will have to wait outside the perimeter of the Facility site. The City shall be notified by the Permittee immediately upon the release or spill of hazardous materials at the Facility; and of any violations of the conditions of the Permit, Air Emission Facility Permit No. 14100003-003 (and applicable amendments), or Permit for a Waste Processing Facility and System, No. SW-305 and NPDES Permit No. MN001988. Recommended Text: 2 The City shall be notified by the Permittee of any violations of the conditions of the Permit, Air Emission Facility Permit No. 14100003-003 (and applicable amendments) and NPDES Permit No. MN001988, consistent with the reporting requirements for each individual permit. The Permittee shall notify the City within 24 hours of discovery the release or spill of hazardous materials which could endanger human health or the environment. 9. This Permit authorizes burning at the Facility of up to 1,050 tons per day of RDF using a 12-month rolling average. 10. All RDF and Ash-hauling truck traffic must enter the Facility site directly from Highway 10, Highway 169, or Great River Energy Drive.; and must exit the Facility directly onto Highway 169, unless otherwise approved or directed by the Environmental Administrator or his/her designees. All ash or other haul trucks leaving the Facility shall be .securely covered so .that no ash, or other particulate matter may escape. 11. Final plans and specifications for the Facility must be reviewed and approve by City staff and/or consultants prior to the issuance of a building permit for the Facility. 12. No RDF or Ash trucks may be washed at the Facility unless prior approval is given by the City. 13. RDF receiving and handling areas in the Facility shall be fully enclosed to control odor and noise and sprinkled. The doors to the RDF receiving building shall remain closed at all times, except when trucks are entering or leaving, and RDF shall be moved from the receiving building to the burners as quickly as possible to control odors. If, in the judgment of City staff, odors migrating off the facility site continue to be unacceptable, staff may direct Permittee to deodorize. City staff may also direct Permittee to take such steps as may be necessary to control noise emanating from the Facility, including placement of mufflers on exhaust vents and stacks. 14. The Facility shall not undertake burning of RDF unless all necessary permits are in place. 15. The Permittee shall engage in regular and routine litter maintenance and removal program extending to areas on and off the Facility site adversely impacted by debris related to Facility operations, as may be determined by the City. 16. The Permittee shall reimburse the City for any and all expenses associated with Facility-related improvements to any city streets used by vehicles transporting RDF or Ash which serve as primary access to the Facility. The Permittee shall also reimburse the City for all patching and repair 3 expenses in excess of the City's normal street maintenance program for such streets. 17. No exterior storage of RDF or Ash shall be allowed. RDF which is burning or smoldering when it arrives at the Facility may be temporarily deposited outside, in an area approved by City staff, for the purpose of putting out the fire. The designated fire fighting area shall be hard surfaced and diked if there is evidence of fire suppression water runoff to unpaved drainage areas. 18. The Permittee represents and warrants to the City that the Facility shall at ail times comply with the performance standards descriptions and representations made in the Permittee's application for a Solid Waste Facility License to permit the operation of a Waste Burning Facility and in the correspondence from the permittee to John Klovning dated January 23, 1987, and with ail applicable city, county, state, and .federal laws and regulations, including without limitation, environmental laws and regulations. 19. The establishment and operation of the Facility shall at all times fully comply with the terms and requirements of this Permit and with the terms, requirements and conditions of Chapter 58, Article III of the City Code and the Solid Waste Facility License issued by the City for the Facility, including any requirements and conditions of said Chapter 58, Article III and/or said license which are not specifically set forth in this Permit. 20. All Ash shall be permanently transported out of the City except that portion, if any, which is attributable to solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash and residue disposal shall strictly comply with the requirements of Chapter 58, Article III of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for Ash disposal; which have been approved by the Minnesota Pollution Control Agency for Ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated at the Site. Any reuse of ash and residue, shall be subject to approval of the Minnesota Pollution Control Agency. 21. Responsibility for Costs: A. The Permittee shall pay all direct costs incurred by it or the City in conjunction with the application for this Permit and the development, operation, and regulation of the Facility, including without limitation legal, planning, consulting, engineering, and inspection expenses (including a reasonable charge for City staff 4 time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction and operation of the Facility, except those costs and expenses normally covered by the building permit fee. B. The Permittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Permittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the .claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Permittee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Permittee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Permittee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Permittee, from any strict liability imposed upon the City pursuant to Minn. Stat. § 115B.01, et.seq. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Permittee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this Permit for the Facility. The indemnities provided in this paragraph B axe subject to the limits of liability set forth in Minnesota Statutes Sections 46.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this Permit is intended to waive the immunities to which the City is entitled by law. C. The Permittee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration. or issuance of the Permit. D. The Permittee shall reimburse the City for all costs incurred in enforcement of this Permit, including consultant and attorneys' fees. Failure by Permittee to reimburse City within forty-five (45) days of receiving an invoice .for any. costs for which reimbursement is required by the terms of this License or the Conditional Use Permit or the License for the Facility, shall be cause for revocation of this Permit. 22. Miscellaneous: A. This Permit and its conditions shall be binding upon the Permittee and its successors and assigns. The assignment by the Permittee of its interest in the Facility shall not relieve it of responsibility and liability under this Permit without the written consent of the City,. which consent shall not be unreasonably withheld. B. Violation of the terms of this Permit or Air Emission Facility Permit No. 14100003-003 or NPDES Permit No. MN0001988 by the Permittee shall entitle the City to any and all remedies available at law or in equity. If the City determines that .such violation results in a clear and imminent danger to the health and safety of the City's residents, the City's remedies shall include immediate cessation of operation or construction, or both, without the necessity of a judicial order in advance of the same. In all other instances, the immediate cessation remedy shall be preceded by a hearing as provided by City ordinance. C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the Permit. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Permit. To be binding, amendments or waivers shall be in writing, signed by the Permittee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Permit shall not be a waiver or release. 23. Notices. Required notice to the Permittee shall be in writing, and shall be either hand delivered. to the Permittee, its employees or agents, or mailed to the Permittee by certified or registered mail at the following address: 6 GRE ATTN: Manager, Elk River Station 17845 U.S. Highway 10 Elk River, Minnesota 55330-0800 Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the Environmental Administrator at the following address: City of Elk River Attn: Environmental Administrator 13065 Orono Parkway NW Elk River, Minnesota 55330 24. Review. The terms and conditions of this Permit and compliance by the Permittee shall be subject to review by the City prior to January 31, 2011. The City reserves the right to revoke, amend, or impose additional conditions on the Facility or the Permittee at such time taking into account the advancement of scientific knowledge relative to the health effects of the Facility, the Permittee's degree of compliance with current Permit conditions, and the criteria and standards of the City Code and Minnesota law. The undersigned, on behalf of the Permittee, represents and binds Permittee to the terms of this Permit, having fully examined. this Permit and all materials referred to herein and agrees to all. the conditions set forth. Each person signing below on behalf of the Permittee does so upon the authority of the Board of Directors of the Permittee, and. a resolution documenting such authority is attached hereto. STATE OF MINNESOTA COUNTY OF SHERBURNE PERMITTEE: GRE By: Its: The foregoing instrument was acknowledged before me this _day of , 2010, by ,the of Great River Energy, a Minnesota corporation, on behalf of the corporation. Notary of Public THIS INSTRUMENT WAS DRAFTED BY: Environmental Division City of Elk River 8