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6.2. SR 05-19-1997
,_.,y of River TO: FROM: DATE: SUBJECT: MEMORANDUM MAYOR AND CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR MAY 19, 1997 ~g LANDFILL C.U.P. AMENDMENT AND LICENSE RENEWAL OVERVIEW The Elk River Landfill last renewed their conditional use permit and solid waste facility license with the city in January of 1996. The renewal period was for four years, but the landfill is proposing to expand beyond the original forty acre site that was approved. This expansion was anticipated by the city when the property owned by the landfill was zoned Solid Waste Facility Overlay District. However, no specific approval of this expansion was given during the last renewal. Therefore, the Elk River Landfill is requesting an amendment to their current conditional use permit and renew their solid waste facility license. In addition, the landfill is in the process of renewing their permit with the Minnesota Pollution Control Agency (MPCA). Since the city's license and conditional use permit specifically reference MPCA's permit, the city needs to consider whether or not to accept the proposed revisions to that document as is or be more restrictive. MPCA's current permit for the landfill was issued in 1983. ATTACHMENTS Vicinity map Map of site operations Application cover letter - from Victoria Kreger, Site Manager of the Elk River Landfill, dated March 27, 1997 Response letter - from Stephen Rohlf, Building & Zoning Adm., dated April 2, 1997 Lanfi197 13065 Orono Parkway ° P.O. Box 490 · Elk River, MN 55330 ° TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Additional cover letter - from John Cannon of Camp Dresser & McKee, dated April 15, 1997, which includes revisions to the Long Term Development Plan originally submitted Revised draft conditional use permit and license Elk River Landfill's proposed "Long Term Development Plan", dated April, 1997 SIGNIFICANT ISSUES Revised MPCA permit - Since the city's permits reference approvals given in MPCA's permit it is critical that changes to MPCA's permit are reviewed and approved by the city. The draft conditional use permit and license reference the most recent plans, deadlines, and documents submitted to MPCA by the landfill. MPCA, or Sherbume County for that matter, may modify their permits, but those changes shall not be implemented by the landfill unless the city is in agreement. Approval by the city shall mean staff for minor issues of a more technical nature and public hearing in front of the Planning Commission and City Council for major issues affecting land use. Corrective action - The first cells developed at the landfill were unlined and, consequently, have resulted in ground water contamination. Methane gas has also migrated pass the landfill's boundaries. Besides assuring that the landfill is currently operating in an environmentally correct manner, the other major goal of the city's permits is to get the ground water contamination corrected prior to it leaving the landfill's site. The landfill has and will continue to install active gas venting to control methane gas migration. This venting system also works in conjunction with the final cover system to reduce the extent of volatile organic ground water contamination. The City's conditional use permit and license contain language requiring coordinated monitoring of gas and ground water so the results of the active gas venting can be properly analyzed. The City's conditional use permit and license also contain language regarding remedial actions to be taken in addition to active gas venting if this action does not produce the desired result. Hours of operation - The current hours of operation for the landfill according to the city's permit [paragraph 6, subparagraph (09)] are from 7:00 a.m. to 6:00 p.m. The landfill is requesting permission to receive waste outside of these hours. The waste would be required to go through the normal approval process, but because of some unique circumstance can not be delivered during normal hours. An example would be clean-up adjacent to a busy highway where the clean-up takes place at night to avoid peak traffic. This issue came up after the Planning Commission's review of this renewal. However, on a case by case basis approved by the Building and Zoning Administrator staff feels this is a reasonable request and is recommending it be approved. Lanfi197 Expansion - Figure 2 in the attached Long Term Development Plan shows the original permitted 40 acre landfill site (cells 1-11). This drawing also reflects the proposed 52 acre expansion (cells 12-18). Please note that there is a 200 foot buffer area around the expansion area which is mostly wooded on the south and west sides. Staff is recommending approval of this horizontal expansion to the extent to be permitted by MPCA. In fact, this expansion was anticipated when the city approved a rezoning of the property involved to Solid Waste Facility Overlay District. The questions for this amendment are how this expansion will take place. The Council needs to consider land use issues such as preservation of adjacent property values, orderly development of surrounding properties, impacts on essential services, aesthetics, screening, dust, litter and other land use impacts. The staff recommended conditions in the draft permits address the technical/environmental aspects. Approval of the proposed amendments will allow the construction of cells 12 and 13. The specific construction details of each of these additional cells is proposed to be left to staff approval at a future date, as long as they are consistent with the overall approval given by the City Council. Final elevation - In staff's opinion, the most crucial land use issue the Planning Commission and City Council must consider with regard to the proposed amendments to the landfill's conditional use permit and license is the final elevation of this facility. The issue of height has been the subject of much debate and negotiation between city staff and the landfill. A summary of the discussion is as follows: The landfill is currently at a maximum elevation of 1,100 feet above mean sea level (MSL). Plans approved through the current city conditional use permit and license allow the landfill a final elevation of 1,105 feet. This elevation is consistent with the city's Environmental Impact Statement (ELS) on mineral excavation. This EIS was done to provide long range planning for the city's mining district and represents a component of the city's comprehensive plan. The landfill's property is part of the mining district and the landfill voluntarily participated in the EIS. Gravel is mined from the landfill property prior to it being used as a waste deposit. The landfill proposed a revision to their MPCA permit that would allow them to have side slopes of 3 to 1 versus the normal 5 to 1 side slopes The steeper side slopes proposed by the landfill could have accommodated an ultimate height in excess of 1,200 feet. City staff met with representatives of both MPCA and the Elk River Landfill on January 30, 1997 regarding the 3 to 1 slopes and expressed concerns about the ultimate height of the landfill. The 3 to 1 side slopes were rejected by MPCA. Lanfi197 The landfill submitted a Long Term Development Plan (dated March, 1997) for city review that proposed a final elevation of 1,170 feet. The cover letter from Victoria Kreger that accompanied the landfill's submittal, dated March 27, 1997, also identified 1,170 as the height being requested by the landfill in their MPCA and city permits. In a letter dated March 28, 1997, city staff member Stephen Rohlf expressed concern over the 1,170 height to MPCA staff. In a letter dated March 31, 1997, Greg Korstad, attorney for the landfill, requested that language in MPCA's permit that referenced the required approval of the ultimate landfill height by the City of Elk River and Sherbume County be stricken. Bill Armstrong of MPCA staff confirmed in a letter to Stephen Rohlf, dated April 2, 1997, that the height of the landfill was not an issue that the MPCA permit will address. MPCA considers final elevation to be land use issue to be resolved locally. In a letter dated April 2, 1997, city staff member Stephen Rohlf highlighted the city's concerns regarding the finished elevation at the landfill to Victoria Kreger and emphasized the city's authority to regulate final elevation as a local land use issue. City staff met with landfill representatives on April 9, 1997. The major topic of discussion was the ultimate landfill height. City staff expressed the following concerns regarding additional landfill height: 1. Negative impacts on neighboring property values and land use. Negative aesthetic impacts - The property on which the landfill is situated is already one of the highest points in a five county area. At 1,170 it would be the highest point and a treeless dominate feature on the skyline. Staff is concerned with how this elevation would impact nearby residences and the Railroad Hiking Trail and Woodland Trails Park, both of which currently offer natural settings. US Trunk Highway 169 is the major corridor entering the city from the north. The average elevation of this highway adjacent to the landfill is closer to 1,000 feet than it is to 1,100. The landfill is the first thing one sees when entering the city from this road. o Adding 70 feet to the elevation the landfill would exacerbate existing dust and litter problems. Allowing the landfill a large height increase over surrounding adjacent property eliminates the potential to screen the landfill with trees. Trees can not be planted on waste disposal areas because their roots will Lanfi197 potentially penetrate the final cover barrier layer used to close the landfill. Sherbume County's ordinance, which does not apply within the city, limits the height of a landfill to 25 feet above surrounding average grade. At the 4/9/97 meeting the landfill representatives explained the economic benefits of the increased height. The additional height allows the landfill to get more use from each section of liner they install by placing more waste on top of it. The landfill proposed a compromise of 1,145 feet; between the 1,105 that is currently allowed and the 1,170 they were requesting. City staff indicated that they felt the negative impacts of increasing the landfill height were not sufficiently mitigated by reducing the height to 1,145. The landfill would still be the predominate feature on the skyline. City staff made a counter proposal to the landfill to recommend they be allowed to increase their final elevation to 1,120 feet. Staffs research indicates that a final elevation of 1,120 greatly reduces the negative impacts previously stated, but also accommodates the landfill's economic concems. In a phone call on April 14, 1997, Ms. Kreger indicated that Elk River Landfill, Inc. and its owners had accepted staffs proposal for a final elevation of 1,120 MSL. The additional attached cover letter from John Cannon, dated April 15, 1997, indicates that the landfill has revised its final elevation to 1,120 MSL. Ms. Kreger has also indicated that the landfill will revise their submittal to MPCA to reflect 1,120 feet as their maximum final elevation. RECCOMMENDATION The Planning Commission is recommending approval of the attached amended conditional use permit contingent on the Elk River Landfill revising their proposed permit with MPCA to reflect a maximum finished elevation of 1,120 feet above mean sea level. Lanfi197 City of 13065 Orono Parkway · P.O. Box 490 Elk River. MN 55330 LOCATION MAP ~ rnD · "-.!'.. I o~bc ~'Y Hous~ o~.blnc~ ~4aWRoLa FIGURE # 3 Quality Service with Integ~ty March 27, 1997 Mr. Steve Rohlf Building and Zoning Administrator P.O. Box 490 13065 Orono Parkway Elk River, Minnesota 55330 Dear Mr. Rohlf; This letter is written on behalf of Elk River Landfill, Inc., ("ERL"), the owner and operator of Elk River Landfill (the "Landfill") within the City of Elk River (the "City"). The purpose of this letter is to present current phase plans for the Landfill and a Long Term Development Plan for the City's review. We understand from you that construction of the next phase of disposal cells requires City approval. We also request the City grant that approval. To the extent you deem it necessary, we request the City amend its license and/or conditional use permit to incorporate specific plans for the development of future cells. It's important to recognize that development continues tq occur as was cohtemplated when the CUP and license were first issued in 1988. This is simply the next phase of the original overall development plan. The Minnesota Pollution Control Agency ("MPCA") recently issued the public notice for the draft re-issued MPCA permit which addresses development of the new disposal Cells 12 through 18 in the Landfill. In particular, the MPCA permit now specifically allows construction of Cells 12 and 13, with a provision for allowing additional cells to be constructed as necessary. Cell 12 must be constructed this year in order to provide necessary disposal airspace and operating area. Detailed construction plans and specifications will be submitted to City staff for review and approval within the next two weeks. The City's current license authorizes operation of the Landfill consistent with the authority described in Minnesota Pollution Control Agency's solid waste permit no. 74 (the "MPCA Permit"). ERL has requested reissuance of the MPCA Permit. The MPCA has advised it intends to reissue the MPCA Permit with modifications to accommodate construction of Cells 1 2 and 13. Printed on Recycled Paper Sanifill of Minnesota - Elk River Landfill, Inc. · 22460 Highway 169 N.W. · Elk River, Minnesota 55330 (612) 441-2464 · Fax (612) 441-2025 The CUP and License both incorporate operating plans of the MPCA Permit. Our interpretation of this provision is that the CUP and license authorize the Landfill to be conducted according to plans approved by MPCA without the need for further approval by the City each time MPCA makes a modification to its permit. Nevertheless, the City has requested ERLobtain approval from the City for the development. The MPCA Permit, when it is reissued, will authorize construction of Cells 12 and 13 immediately. Cells 12 and 13 are part of the natural progression of the development of the Landfill as contemplated when the City's approvals were first granted in 1988. ERL has requested that MPCA review and approve a plan for increasing side slopes at the Landfill from 20 percent grades to 33 percent grades, in order to accommodate the original permitted capacity for the facility. By compromise with MPCA staff, waste deposit dimensions at the Landfill will not be increased, rather the difference between the original capacity and the capacity which can be currently developed will be banked for future consideration. Accordingly, the Landfill height will not be increased beyond that which ERL contemplated in its original development plan. The maximum height at the Landfill will be 1170 feet which is the maximum height that would be able to be effectively utilized at the 20% side slopes. City staff has raised concerns about the final elevation of the Landfill. We are prepared to address those concerns now or at such time as filling dictates the need to address final elevation issues. ERL is confident it can demonstrate there .are no health, safety and welfare issues presented by developing the Landfill to its full capacity reaching the 1170 elevation and that this elevation is consistent with original development plans. We are, however, prepared to discuss alternative development plans if the City so chooses. We enclose the following plans: · Long-Term Development Plan (18 sets) · Map of Site location (18 sets) · Map of Operations at the site (18 sets) · List of adjacent land owners (1 set) Please schedule this matter for appropriate City review at your earliest convenience. We understand the next Planning Commission meeting is April 22, 1997 and the subsequent City Council meeting is May 19, 1997. In order to meet our construction schedule we respectfully request to be placed on the agendas for these meetings. We are prepared to make a presentation at the April 22 Planning Commission meeting if appropriate. Thank you for your attention in this matter. Should you have any questions or concerns, please feel free to contact me. Respectfully; ELK RIVER LANDFILL, INC. Victoria L. Kreger Site Manager VLK/ CC: Ms. Debra McDonald, USA Waste Mr. Greg Korstad, Larkin, Hoffman Mr. John Cannon, CDM Mr. Start Hall, Elk River Landfill, Inc. 7ity of ~,j]C'X~ £11 ' River April 2, 1997 Ms. Victoria L. t~_reger Site Manager Elk River Landfill, Inc. 22460 Highway 169 ,.N~V Elk River, MN 55330 Dear Ms. t~eger: The City of Elk River ("City") is in receipt of your letter dated March 27 and attached documentation requesting an amendment to the Solid Waster Facility License Agreemen~ ("License"), dated January 16, 1996, and Conditional Use Permi~ ("CUP"), as amended on January 16, 1996, for E. lk River Land~]], Inc. ("ERL'). In your letter, you state that the CUP and License authorize the landfil] to be "conducted according to plans approved by the MPCA without the need for further approval by the City each time ~IPCA makes a modification." The License and CUP do state that the operation of the land~]] may be conducted "in accordance with authorization and limitations contained in MPCA Solid Waste Permit No. ?4." However, it has and continues to be the City's position that the License and CUP authorize operations consistent with the landf~]]'s existing MPCA permit. When EEL proposed modifications to its MPCA permit, such modifications must also be reviewed and approved by the City through amendments to the License and CUP. The MPCA has consistently stated that it does not have the authority to res-ulate the final elevation of landfills. In fact, the ~([PCA has expressly stated in the dra~ permit reissuance for the landiS]] that final elevation is to be addressed by the City and Sherburne County. Thus, final elevation of the landt~]] is a land use issue to be addressed and regulated at the local level. The current License approved operation and development of the Landfill consistent with a list of 10 plans and reports (see Page 2 of the License). 13065 Orono Parkxvax' · P.O. Bex zOO · Elk Rive:'. ~I.N .'.-5370 · (~!2" ;;~-';'~'~ ...... =.,.. ,r,~-, ;_~'_-;-~ These plans and reports anticipate a final elevation of 1100 MSL. The hst of identified plans and reports does not contain the Long-Term Developmen~ Plan, which proposed a potential ~nal eteva¢ion 1170 MSL. Thus, it is the City's position that the current License and CUP approve a final elevation of ll00 MSL and the proposed final elevation of llT0 now requires review and approval by the City through a License and CUP amendment process. City staff is very concerned that an increase in the final elevation of the landf~]] by 70 feet could, among other impacts: · Have a negative impact on normal land use development and on property values in the local area. · Be inconsistent with the City's Comprehensive Plan which contains a final elevation of ll00 MSL for the area, as well as with the Environmental Impact Statemen~ on mineral exploration, which also contained a final elevation of ll00 MSL. · Limit the ability to screen the landfill from view through use of trees. · Impair the aesthetics of the view of the skyline from many locations in the City, in particular from nearby parks. · Exacerbate existing operational · problems related to blowing dust and litter. These are issues related to public health, safety and to welfare and consistency wi~h the City's Comprehensive Plan tha~ the CiW is entitled and obhgated to address as part of the amendment process. In your letter, you indicated a w~]]~ngness to discuss alternative development plans. It is my behef that it would be useful to have such discussions prior to presentation of this item to the Planning Commission, and I suggest that we meet very soon to determine if we can resolve these issues prior to development of a staff recommendation on the matter. If you would like to meet, please contact me at 441-4904 at your earhest convenience. Sincerely, Stephen Rohlf Building and Zoning Administrator CDM consuflmg eng~eenng con$~uc~on opera~on$ Camp Dresser & McKee Inc. 445 Etna Street, Suite 65 St. Paul, Minnesota 55106 Tel: 612 772-1313 Fax: 612 772-8199 April 15, 1997 Mr. Steve Rohlf City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: Elk River Landfill (SW-74) Long-Term Development Plan Revision for Final Grades Dear Mr. Rohlf: As a result of recent meetings and other discussions with the City and Sherburne County, we are submitting, on behalf of Elk River Landfill, revised drawings for the Long-Term Development Plan. The revised drawings show a the final grades reduced to 1120 feet, based on 5H:IV slopes with a top area with a minimum slope of three percent. The elevation cited includes the final cover. The reduction in elevations reduces the volume for the facili .ty by 726,200 cubic yards, as described in the Long-Term Development Plan, from 13,871,600 cubic yards to 13,145,400 cubic yards. All the drawings are attached. The final grading plan and the cross sections are revised to show the reduced elevations. These sheets supersede the previous submittal. If you have any questions, please call. Eighteen copies are provided, three with full-sized sheets. Sincerely, CAMP, DRESSER & McKEE, INC. /~hn Cannon, P.E. Project Manager CC: Vickie K_reger, Elk River Landfill, Inc. Debra McDonald, USA Waste David Lucas, Sherburne County Matt Ledvina, B.A. Liesch Associates Bill Armstrong, MPCA Sent by: DRB 6122919313; 05/12/97 18:56; Jetrax #243;Page 2 CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE AGREEMENT THIS AGREEMENT, made and entered into this day of ~ 9~ by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Licensee). WHEREAS, the Licensee made application to the City in 1988 for the issuance ora solid waste thcilities license, pursuant to Elk River Code of Ordinances § 604.26, for the operation of a sanitary landfill (hereinafter referred to as the Landfill) on the following real properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill Property) situated in the City of Elk River, for which the City Council directed the issuance of a conditional use permit contemporaneous with the issuance of a license; and WHEREAS, the City Council directed the issuance of a solid waste facilities license to Elk .River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set forth in the October 3, 1988 License Agreement, in order to mitigate the potential adverse affects of the Landfill on the general welfare of persons and property within the City; and [WHgREAS. the License w_a.s renewed every t_wo years with the most recent renewal occumn~ on la. nuary_ 16_ 1096: a~dl WHEREAS, Licensee has applied for [an amendment to .andl renewal of the Solid Waste Facility License issued in ~ [1996 to allow_construction of additional cells at the .Landfill: WHI:-R,EA$,. the City Council has determined that for reasons related to oublic health. safety, and welfare the final elevlltion of the Landfill should be limited to no more than 1120 feet above Mean Sea Level (MSL): and WHEREAS. the Licensee. has a~reed to a final elevation of 1120 MSL1; and WHEREAS, the City Council ofthe City of Elk River has held a hearing on the proposed [amendment andl renewal of the Solid Waste Facility License, at which hearing all citizens of the City of Elk River and other interested persons have had the opportunity to be heard. NOW, THEREFORE, the City grants to the Licensee, and the Licensee accepts ~ [a.__p.n a, men. ded and renewed] solid waste facilities license for the operation ora sanitany landfill and related activities on O'htq' the Landfill Property subject to the terms, conditions and qualifications hereinatier stated, to wit: Sent by: DRB 6122919313; 05/12/97 18:57; Jet,ox #243;Page 3 i.) Significant Persons. The person responsible for actual operation and maintenance of Elk River Landfill, Inc., (ERL) to whom communications concerning this License should be addressed is Victoria L. Kreger in her capacity as Site Manager of ERL, whose address is 22460 Highway 169 NW, Elk River, MN 55330. ERL is a Minnesota corporation, whose registered address is 22460 Highway 169 NW, Elk River, MN 55330. [ER[. is owned byl Sanifill, Inc. ~J~LI a Texas corporation, whose address is {2777 AIi~. [ 1001 Fannin. Suite 4000. Houston. Texas 77002. Sanifill. Inc. is a wholly owned subsidiary of USA W~ste Service~'-in_c:..a .Delaware_._c~...m._0mtioni_l_O01 Fannin Suite 4000. Houston. Texas 770021. The following information shall be provided to the local fire and police departments as well as the Sheriff: Victoria Kreger, Site Manager 11661 225th Avenue NW Elk River, MN 55330 Work: 441-2464, fax: 441-2025, home: 441-6090 Mobile: 840-5596, pager: 374-6741 ,,.uu,,~. [, x -,I , u.,-,.,, ~, FaS¢i..-o~,~-.,u-,-u, .,-,j.[Chuck Wilcox. Reeional_.. Sales Mana~,er____ [.ISA Waste Servic.e. s;. Park West Two_ Suite 420 2000 Cliff Mine ROad` pittsbumh~....PA 152.75 Work (Directl: 412-490-2770 Work (Main Office)' 412404,4966 Fax: 412-490,01 {52 Home: 412-741-4902 Mobile: 412-980-35701 2.) Scope and Conduct ofl.andfili Onerations. The operation ora solid waste sanitary landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherbume County and the Minnesota Pollution Control Agency and in accordance with authorization and limitations contained in/,; (0l~] MI>CA Solid Waste Permit No. 74, [.as modified and reissued in 1997 and which sr~ecificallv authorized Cells 12 and 13 of the Landfill: the current Sherbume County solid waste landfill license issued to the Licensee{-;, ~o0~Ta.a 2. Sent by: DRB 6122919313; 05/12/97 18:57; Jet,ax #243;Page 4 ¢03~___~] the conditional us~ perrak~ issued ~ for the Landfill[: an~d f04'~ this Licensel.~ ~Provided, however, that the ~[e~lire Landfill shall have a final elevation of ~ more tha~ 1120 f~t above MSL bas~ on 5H:l V slooe~, and includine final ~ver. as orovided in the Lone Te~,~'e~elopment Plan dasd March 1997. ~d as reUsed-on Apn.l.. !5. ] 99~ ~he L~I1 shall alml be operated ~d developed consistent with the follow~g plans and repons which have been submitted to the City [and/or the MPCAI: (01) "Cells 6, 10, 11 Revised Engineering and Operations Plan", M~ch 1989 (02) "Co~ective A~ion Investigation Revised Work PI~", December 1989 ~d April 4, 1991 Addendum I ~1 ll~[ ~11~%1~111 ~UIL ~L~[~ ~ "Fin~cid ~s.r~cc Repoa - 1990", November 1990 ~f(04)1 "Landfill gas ~onitodag Plan, Phas~ 1 R~pon", Dec~ber 1989 modi~ing submittal dated M~ch J 3. 1990 ~~ "Recyc~ng Facility Design Rcpoa and Operations M~ud', May 1990 o.,,~ "New Recvclin~ Facility Design Report ~d Ov~ations M~u~". ,~anuam ~91] {(c .... ~6~ -' .... ~ '~- ~--'~" ~a ~'~' ~f~07~l "Final Cover Design", S~t~mb~r 1991 ~ "Ou~itv Assuran~ Manual". ~vcmber 1991 f09) "~W Ou~ations Manual"` Jaaua~ f 10~ "Demolition Debris Ouerations Mapual". ~eb,ma~ 1992 ~ "Cells 10 & 11 Desi~ Reuon],~June 1992 ~ "Household H~ardous Waste Manaee~ent Plan"_ ]un~ 15:1992 (13) "Phase II Landfill Gas t~sessment Revoa". Febmam 1993 ~ "L~achate Management Plan"~ March 1993 9095?6.3 3. Sent by: DRB 6122919313; 05/12/97 18:58; Jet,ax #243;Page 5 (~5) "Final Cgver Sequen,c!n~ Plarl"~ April 1993 (16) "Pha, s~. 1 Landfill Gas Extracdo_n System" (Plan Sheets #1-10 seoarate. Ar~_riI !995 Revised Plan sheets #1-9__ser~arate). Aumist 1994 1995 "Revised Closure. Postclosure and Contin~en,cy Action Cost Estimates". February (is) "Stormwater Pollutio,,n, Prevention Plan"_ September 1993 (19) "Comorehensive Monitorin~ Plan Renort": ,,Janua~ 1996 (20) , !.996 Annual R¢0ort". February 1997 (21~ "Revised .D. em01ition 'Fill Plan". Sheet N_o_:_ C-2. Februa~ 26; 1997 (22) "1996 Water Oualitv Renq,rt"; Eebruarv 1997 (23) "Lonc,-Term Develooment Plan". March 1997; and as revised on ~p_ril 15. 1997 to include a maximum final elevati~_~f1120 feet MSL License ~,~,,~,,~,,, ~ ~_~llffd-O~ Solid Waste ' '"' .... ' ' "" l~,~ ,~,d -- ~'~ '~ .... ~ --'--' -" ' - -' ' ~ '^'~' ' [Renewals through the License dated Iliggl&ylll~ ~UUIIUI. Laxa Ut ,r~/111 1 ~'r) I 77 January 16_ 19961 ~M-F)~[(25~l Industrial Solid Waste Management Plan. Version {D, May 1994I and further conditioned upon submit'mi of' annual repons describin~ Ibc following: (a) Monthly and Annual Waste Disposal Volume. (b) Schedule of construction activities for the forthcoming year. (c) Type, Quantity and Source of Material to be Disposed. (d) Remaining permitted capacity. (¢) Updated contour map which indicates the elevations of all fill areas. (f) Assessment of the Financial Assurances Plan. Evaluation of the Water Monitoring System and a proposal for continued sampling and analysis. 909576.3 4 Sent by: DRB 6122919313; 05/12/97 18:58; Jet~x #243;Page 6 (h) Deiailed evaluation of all water quality results by means of tables anc[ graphs. (i) A groundwater contour map based on the previous years' groundwater level data. ~[Anv chan~es made to the above described nlans_ reoorts. MPCA Solid Waste Permit ]~o 74 and the CDunty Ligense shall also] be reviewed and' aPi~f0ved, approved with modification, or disapproved by the City. [Minor modifi~illiOns shall be reviewed bv City ~taff. M,ajor.. modifications shall b© reviewed by the City Plannin~ Commission and thc ~ The City may not unreasonably disapprove or unreasonably require ~,,,~,~,,,,,.-,~,,, of,~,~, ~,v~,~ rmadificationsl. The City may also make reasonable modifications to the conditions of the License based upon a submittal from the Licensee. The City shall respond to Licensee submittals on a timely basis, which shall be no later than formal M~CA time lines for review and comment for concurrent submittals. 3.) Scope and Conduct of Related Onerations. (01) Recycling Center. The operation of a recycling center on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. Co) The recycling center shall be located and operated as shown on plans submitted by Licensee and approved by City staff The recycling center may accept additional materials, including household hazardous wastes, provided that Licensee's plan/bt handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Licensee. Operation of the recycling center by a different operator shall require the prior written approval of City staff. Any different operator of the recycling center must comply with all of the terms and conditions of this License. (d) Licensee shall place appropriate signage on the Landfill Property to direct citizens to the location of the recycling center. (c) Used oil recycling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by staff, ~o~s?~.~ 5. Sent by: DRB 6122919313; 05/12/97 18:59; Jet~ax #243;Page 7/39 (0 Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief (h) Licensee shall have a regular schedule for appliance pick-up, to be approved by City st~. (02) Yard Waste Composting. The operation ora yard waste composting facility on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The yard waste composting facility shall be located and operated as shown on plans submitted by Licensee and approved by City staff. (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All municipal solid waste must be immediately removed from yard waste and landfilled, (O The yard waste composting facility must be operated in such a manner as to keep odors to a minimum, lfodor becomes a problem staffmay require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible, (0 The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. (h) Yard waste and/or compost may not be used as daily cover for the landfill. (i) That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to, the operational requirements, performance standards and environmental monitoring requirements of sections 4, 6, 7, and 8; and the requirement of sections 17 and 25 to make prompt payment of all fees due to the City. No ~oo5,~,~ 6. Sent by: DRB 6122919313; 05/12/97 18:59; Jetrax #243;Page 8/39 yard waste may be accepted at the yard waste composting facility if this condition is not complied with. Licensee must immediately stop accepting yard waste upon written notice from thc City that there is a violation of this condition. (03) Demolition Debris. The operation of a demolition debris landfill on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the demolition debris landfill shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state and county laws and regulations. (b) The demolition debris landfill shall be located and operated as shown on ~ [the "Revised, Demolition Fill Plan -Final Grades_: _S_ hq~t._No: C-2.' dated February 26. 1997] submitted by Licensee and approved by City staff. (O Licensee shall provide an estimated development time line for the demolition debris landfill, including an estimated closure timeline, which shall be updated as appropriate. (d) Licensee shall pay the demolition debris surcharge authorized by Minn. Stat. § 115A,921, Subd, 2, The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of demolition debris disposed of each day during the month, The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day ortho succeeding month. Failure to pay the surcharge fcc when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. (c) That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to, the operational requirements, performance standards and environmental monitoring requirements of sections 4, 6, 7, and 8; and the requirements of sections 17 and 25 to make prompt payment of all fees due to the City. No demolition debris may be accepted at the demolition debris landfill if this condition is not complied with, Licensee must immediately stop accepting demolition debris upon written notice from the City that there is a violation of this condition, 9o9s76,~ 7. Sent by: DRB 6122919313; 05/12/97 18:59; Jet,ax #243;Page 9/39 (04) Other Related Operations, No other operations or activities, whether or not related to the Landfill, shall be permitted or allowed on the Landfill Property unless this License is first amended to specifically allow such operations and to specify the applicable conditions except mining activities or other operations licensed or permitted separately by the City. 4.) Specific Additional Operational Requirements, (01) Leachate Transmission Pioes.. Licensee shall vefi~ to the City eve~ four (4) y~s that the existing ~ [leachate transmission ~ioes del not leak, (02) Backup Leachate Pumps, Licensee shall maintain backup pumps for use in the event of pump failure at the wet well and leachate storage tank on-site, or shall maintain provisions for restoring temporary leachate pumping within a 24-hour period, (03) Lcachate Holdin~ Tank. License~ shall ensure that the leachate holding tank is pumped out on a regular schedule. It shall be a violation of this License to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate holding tank being full. (04) Gas Venting System. {li~tiai¢ op¢,~ilon ell,he} [Licensee shall conductl active landfill gas venting {~stcni b-y M~/~.h l, 1996. } [in accordance with apnroved olans and shall construct additional phases of the ventine system at the time of final cover (05) l~omprehendve Monitoring_ Plan. t'"o,,o,,-,'- -" ,~s-' [The] Comprehensive Monitoring Plan w~ describes the ~pling ~equency, partakers, protocols ~d r~oning frequency for l~dfill gas, leachate, lmchate piezometers, leachaxe lysim~er, residential wells, ~oundwater mofitofing wells ~d surface water [shall be updated annu~v to reflect chan~es in the m0nito~n~ systems]. The monito~g pl~ sh~l yield adequate infomtion for assessing the effectiveness of the l~dfill gas control system in decreasing VOC cont~n~ts in t~ groundwater. The ' -' ..... "~ .... ~ "'- ~ '- - , ~, ~,,~ .v~.~ ~u,..,,y. Th~ ~,,~,,~ r,~,, ~.~ ,,,~ ~u~ updates sh~l be approved by the Ciw. (06) Annual Gas Vent System Assessment. Annually assess the effectiveness of active landfill gas venting operations based on the results of groundwater and landfill gas monitoring{, l,,ca, ~,c, iai~} [and incomoratel the evaluation in the MPCA Annual Report for the landfill. Sent by: DRB 6122919313; 05/12/97 19:00; Jet,ax #243;Page 10/39 (07) VOC Remediation Feasibility Study. In accordance with MPCA {~o,~espondoacc daied Febr~,a, >' ~-,, 1 ,,-,,,;~s~,,,,,,~s ,,,,~ ~ ermit. Part III.C..] Corrective Action t,,,,'~,,s,~,na,, v,~v~,,,j, the Landfill will be allowed a three year timeframe in which to demonstrate the effectiveness of landfill gas extraction system in reducing VOC contaminants in the groundwater. If, as of March 1, 1999, groundwater quality standards are exceeded at the facility's compliance boundary and the concentration of VOCs do not show a decreasing trend, the Landfill shall complete a Focused Feasibility Study. The Focused Feasibility Study shall be submitted to City staff'by June I, 1999. (08) VOC- Remedial Action. If necessary, the selected remedial measure for VOC contaminants identified by the Feasibility Study must bc constructed and operational by March 1, :2001, unless good cause can bc shown for a delay. (09) I-I~aw Metal Comaminant Monitoring and Assessment_ .Heavy metal contaminants for surface water and groundwater must be addressed in addition to VOC contaminants. Based on the need for additional monitoring { h-, 199,5 aiid 1996 ) to confirm exceedances and identify trends, the Landfill shall {c~,ad~c~ } [c0ntinuel monitoring ~ and O996-mm~ prepare ~'aa,}, evaluation -{repm~ [r¢oortsl which shall be submitted with the · [q996~ MPCA Annual ~¢-Repor~ I'Renorts~l. (10) Heaw Metal Contamination Feasibility Study. If heavy metal concentrations in groundwater and surface water exceed regulatory standards, the Landfill will be required to conduct a Feasibility Study and submit it to City staff' {by M,~ I, '~"'~,=,,t [on a schedule determined.....by City staffi. (11) Construction Oualitv Assurance Reports. A Construction Quality Assurance (CQA) Report shall be submitted to the City prior to the placement of waste on newly constructed lined areas. A CQA report shall also be submitted for Land£dl areas which receive final cover. The report shall demonstrate that the work is completed to the plan specifications. The Report shall be certified to by an engineer registered in the State of Minnesota and shall include but not be limited to: (a) All relevant construction specifications; (b) All shop drawings for prefabricated components; (c) Photo documentation of all critical aspects of construction; (d) Deflection testin8 results for leachate collection and transmission pipes; (e) Narrative description of all as-built variances dom the plans and/or specifications; 909576.3 9. Sent by: DRB 6122919313; 05/12/97 19:01; dot)Cox #243;Page 11/39 (t) As-built cross-sections of the liner subgrade; (g) As-built elevations for all pipe inlets and outlets and pump-on/pump-off controls; (h) Completed manufacturer warranties; (i) All physical testing results (13) Licensee shall notify the City at least two (2) days in advance of liner barrier layer installation or final cover barrier layer installation. Licensee shall assist the City in arranging inspection of the site at any reasonable time the City requests. The Licensee shall keep the City informed of ongoing construction progress and shall specifically noti~ the City of significant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work which is covered or otherwise obscured prior to City inspection, to be re-excavated for City inspection. (14) Temporary_ Fencing- On-Site Litter Cont_ro!, Litter control fences shall be ~ ~ around the working area(s) of the landfill to prevent the blowing of paper or other litter on or offsite. The Licensee shall assign employees to engage in a regular and routine program to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. (15) Permanent Fencin_~, The Licensee shall finsVa~ ~ a minimum six-goo: high fence around the perimeter of the site if and when necessary based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping. (16) Public !nforma_t_ion_, Thc Liccnsce shall maintain a sign at the entrance to thc Landfill Site which describes in common terms the substances which may be disposed at the Landfill and those substances which may not be accepted for disposal. (17) Sanitary_ Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. (18) Electrical Service. Adequate electrical service shall be provided at the site for operations and repairs. (19) Fire Fighting, Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfill. The self-contained breathing apparatus for the City Fire Department shall be available for use by the Licensee on a temporary basis, as approved by the Fire Chief. Licensee shall make a landfill operator available at the request &the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. Sent by: DRB 6122919313; 05/12/97 19:01; J~ #243;Page 12/39 (20) Safety Equipment. Emergency firsl aid equipment consisting ofat least one first aid kit kept near the working face, and at least one shower on site available to all personnel and customers shall be supplied. At least one of every four landfill personnel shall be trained in first aid and CPR. (21) Water. A potable water supply shall be available for site personnel. (22) Storage, Adequate on-site shelter shall be provided for maintenance and storage, sufficient to supply the equipment required by subsection (19) of this section, during cold weather operations. (23) Vehicle Stacking Facilities. Adequate vehicle stacking facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of:he Landfill Property. (24) .~. Adequate communication facilities shall be provided for emergency purposes. (25) Security. A gate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. (26) Hau! Roads. An all-weather haul road shall be provided to the unloading area and watered on a regular basis. The Landfill shall pave the access roads from T.H. 169 to the scale and from T.H. 169 to the shop building by June 30, 1997 to reduce dust generation. (27) Adequate Equipment. Adequate equipment shall be supplied capable of spreading and compacting the refuse as received. At least one machine capable of covering the working face, in its entirety at the end of the day, shall be supplied. (28) I'nformatlon Display. Subject to approval by the City Council, the Licensee shall ,~-eeeet-mm~ maintain at each entrance to the Landfill Property a sign staling the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the Minnesota Pollution Control Agency permit number and the penalty for nonconforming dumping. (29) Screenin_a. Visual screening of the Sanitary Landfill site, as required by the Conditional Use Permit for the Landfill Property and as approved by the City Council, shall be provided by the use of buffer zones, natural objects, trees, plants, seeded soil berms, fences, and other suitable means. (30) Small-Load Durnpin_~ Site. The Licensee shall, during all hours of operation, maintain and operate a separate suitable and satb disposal area for the dumping of small loads by pickup trucks, cars, and trailers dom May I to October 31 each year. This Sent by: DRB 6122919313; 05/12/97 19:02; Jet,ax #243;Page 13/39 separate site shall be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal frequency of such dumping. 3[/3_1.1 Oak Wilt Prevention. As a method to nrevent oak wilt. Licensee shall not conduct any tree removal ooerations, at the Landfill Progeny between Aoril 15 and July 15 each year In addition, o~1~ stumos shall be removed r~ic~r to Ar~ril 15" eaeh year. When removine trees and stumt~_s_: I.icensee shall orevent damage.to remaining, trees. 1 5,) Off-Site Litter Control. The Licensee shall engage in a regular and routine litter maintenance and removal program extending one-half mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as may be determined by the City. Liuer shall be removed i¥om these areas not less than once per week, and more often if necessary because of' spills or complaints fi.om neighboring property owners, and ensure that these areas are kept free of litter generated by truck traffic traveling to and fi'om the Landfill. In addition, Licensee shall inspect all trucks leaving the Landfill to ensure that they are either fully enclosed or covered, and/or clean, and will not spread litter on surrounding streets and roadways as they leave. In the event that Licensee fails to remove litter within forty-eight (48) hours of notice of accumulation of litter by the City, the City may cause such litter to be removed. The City shall bill the cost of' such removal to the Licensee, which shall remit payment within thirxy (30) days of the date of such billing. 363 r6.~__~lGeneral Performance Standards The Licensee shall comply with the following performance standards and operating requirements: (01) l-l;azardous Was_~es Prohibite,l. No itazardous Wastes shall be disposed olin the Landfill. (02) Dan_~erous Wastes. No Dangerous Wastes (as defined in the Code of Ordinances for the City of Elk River) shall be disposed at the Landfill until a request to dispose of dangerous wastes has been submitted to the City as required by Chapter 604 of the City Code of Ordinances. The City shall respond to requests for permission to dispose dangerous wastes within fifteen (15) days fi'om receipt of the request as appropriate. Ifa request to dispose of dangerous wastes is rejected by the City Building and Zoning Administrator, or the City's authorized consultant/agent, the dangerous wastes may not be disposed at the Landfill. Licensee may propose advance approval of proposed disposal of dangerous wastes by submitting to the City, for each waste, a s:atement identifying the waste type, generator name and address, volume, method of chemical analysis, chemical constituents, and disposal procedures proposed. This statement, and all requests to dispose of dangerous wastes, shall be submitted in the form required by the City. The City may deny permission to dispose of Dangerous Wastes at the Landfill for one or more of the following reasons: 12. Sent by: DRB 6122919313; 05/12/97 19:02; Jet~x #243;Page 14/39 (a) In the City's sole discretion, it would not be in the best interests of the public health, safety or general welfare of the citizens of Elk River to allow disposal or' said wastes; (b) In the City's sole discretion, disposal of said wastes would pose a threat to the environment. (c) Licensee and/or the operation of the Landfill is currently in violation of any of the terms, conditions, or requirements of this License including specifically, but not limited to, the operational requirements, performance standards and environmental monitoring requirements of Sections 4, 6, 7 and g; and the requirements in Sections 17 and 25, to make prompt payment of all fees due the City. Liccnsee's "Industrial Solid Waste Management Plan, Version E", May 1994, shall be complied with in all respects, subject to the specific requirements of this License, and may not be modified or amended without the City's prior written approval. (03) lrlcom, oration of State Standards. Thc I.andfill shall comply with the required practices for maintenance and operation of landfills set forth in Minnesota Rules Parts 7001.0010 to 7001.0210; 7001.3000 to 7001.3550 and 7035.0300 to 7035,2875. (04) Comnliance With Zoning Ordinance Pertbrmance Standards. The operation of the Landfill shall fully comply with the performance standards and other requirements of Chapter IX of the £1k River City Code, including specifically Section 900.28 thereof relating to performance standards for industrial uses. (05) ~. An attendant shall be on duty at the site at all times while it is open for public use. Unloading of refuse shall be continuously supervised at the working face of the landfill. (06) Operating R_eg_ords. Accurate records of daily waste disposal operations shall be maintained. Intake of Solid Waste in tons or cubic yards shall be recorded on a daily basis, in a manner acceptable to the City, and reported to the City on a monthly basis along with payment of the Landfill Surcharge Fee required by Section 25 of this License. The volume and location of the disposal of Dangerous Wastes shall be recorded the day such disposal takes place and shall include the amount and type of waste disposed of, and the name and address of the source of the waste. Waste disposal records shall be available during normal business hours, for review and inspection by the City. (07) l~.eeordino. A detailed description of the location of the completed Sanitary Landfill site shall be recorded with the County Register of Deeds within four months after approval of the closure of the landfill. This description shall include the general type and location of deposited Solid Waste, the locaticm of phased or staged disposal of wastes, the 13. Sent by: DRB 6122919313; 05/12/97 19:03; Jet~ #243;Page 15/39 type and number of lifts, original and final terrain descriptions, site hydrogeologic conditions, and other pertinent characteristics of the completed sanitary landfill site. (Og) Education Prom'am The Licensee shall: (a) Make available to all landfill users, including haulers and their customers, information which describes in common terms what is permissible and impermissible to dispose at the landfill, (b) Continue to conduct an employee training program designed to assist employees in identifying impermissible waste materials and to prevent their disposal at the landfill. The :raining program shall be reviewed with City staffand recommendations to improve the program shall be incorporated to the extent feasible. (09) Hours of Operation, The landfill shall not be operated between 7;00 p,m, and 6:00 a.m. [The landfill may accer)t waste durin~ offhours only under the followina The wastes have been tested and aporoved for disoosal: Acceptance is neces.s..arv during off hours because of extraordinary circumstances'. Each instance of offhour acccntance has received th.e nrior ap~)roval of the _City.__B_~i!ding.an_.d Zonin~ Administrator and such aooroval was ~ranted durinit City business hours: and (d~ Each instance of off'hour acceptance is documented in a letter sent bv the Landfill to the Buildine and Zonimz Administrator within five business days of the instance off hour acceptance.l 7,) Site Environmental Monitoring. (01 ) On-site Groundwater. The Licensee shall perform on-site water quality testing at the monitoring wells in the manner required by the ~ LMPCA_I permit. The wells shall meet current Department of Heahh Well Code Standards. Ihe Water Quality report shall be submitted to the City when it is submitted to the ~ ~. (02) Surface Water Ou_ ality. The Licensee shall have surface water quality tests performed in conjunction with sampling quarterly events when water is present. (03) Off-Site Groundwater Ouality. The Licensee shall annually sample the individual private wells identified in the Comprehensive Monitoring Plan required by Section 4(05). 14. 8eot by; DRB 0122919313; 05/12/97 19:03; ~ #243iPage 10/39 All private wells shall be analyzed for pH, COD, ammonia, chlorides, specific conductance, and volatile organic compounds (iViDH method 465C and EPA method 601, ~02). (04) Modification. The te~ting programs specified in this Section 6 may be modified by f.:~ty dtafl'ifCity staffreasonably determines there exists a need fbr additional wells to be te.qted or additional parameter.g tn be analyzed, ha.~e~d npnn waler nr air quality te.qt re.qnlt.~ indicating the presence of contamination. 8.) I-Iydrogeologic Repons. The investigation of the hydrological and geophysical characteristics of thc site shall bc continu~ and any other new information relating to thc hydrogeologic impact of the site shall be reported to thc City. Hydrogeologic reports shall bc updat~l, anm~dml, and modifle,~l as wan an[cd by u~wl¥ discov~ ~d o~ additional data acquirexl in the continued hydrog¢ologic investigation. Licensee shall notify City at lmst two (2) days in advance of any soil boring or w~ll construction required by this License. 9.) Dust. Noise. and Odor. Fugitive dust cmissions off-site shall be comrolled at the Landfill Site as necessary by undertaking the following: road surfaces within tho Landfill Site shall be wetted with water or an appropriate chemical whenever off site du~t levels become unreasonable as d~ermined by the City Zoning Adminim'ator. Dust poilu[ives shall be utilized to the extent necessary on cover material such as stock pile~ to reduce wind erosion as well as on other expo..~.d surfaces as appropriate. Cover c~mpact~on and revegetation activities shall be undertaken promptly nn the completion of varion.q fill area.q and vegetative c~ver capable of quick growth shall be utilized. Plantings of bushes and trees shall be installed if needed to buffer the Landfill Site and minimize wind erosion. All equipment ~md vctdclcs utiliztxt at the Landfill Site shall be periodically inspcct,d and maintaiJ~ed to minittfize noise, Vegetative ha. lets alung the boundaries of thc Landfill Site sh',dl bc utilized to m. inimizc off-site noise impacts. Applicable state standa,'ds for noise pollution may not be exceeded by the Landfill ol~ration, equipment, vehicles, or machinery. Thc Licensee shall take r~sonablc actions to control odors from thc Lnndfill Site. 10.) Closure. Within six (6) months of a written demand by the City, and in no event later than one (1) year prior to the date projecIed for cessation of waste disposal, the Licensee shall submit to the City for approval an updated closure and post-closure plan for the Landfill Site. I I ) ~ance The I.ic~.nsee shall secure and mainlain insurance fi.om an mmrance company acceptable to the City and authorized to write camall'y insuranc~ in the Stale of Minnesota which will protect the Licensee, its agents and employees, and the City tYnm cla.im.q fhr bodily injury., death, or property damage which may arise from th~ opera,ions on the I~andfill Site. 'l'h~ I.,ic,n~ sh'tfl1111~ a certificate of insurance or a certified copy of the insurance policy with the Ci~. Such insurance policy sl~ll contain a clause providing dust it shall ~ut bc ~anccllcxl by thc Sent by: DRB 6122919313; 05/12/97 19:04; Jetrax #243;Page 17/39 insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverages shall be provided in amounts not less than those specified: (01) Public liability, general liability, loading and unloading, [completed operations, explosion, collapse, underground operations], personal injury, and property damage with the following minimum limits: (a) Two Hundred Thousand Dollars ($200,000) per claimant. (b) Six Hundred Thousand Dollars (S600,000) per occurrence. (c) Six Hundred Thousand Dollars ($600,000) annual aggregate. (02) Automobile and truck public liability, personal injury, and property damage, including owned and non-owned vehicles with a Five Hundred Thousand Dollars ($500,000) minimum limit. (03) The City may require additional insurance be provided by Licensee if market conditions change such that additional coverages become economically practicable. The insurance limits required by this section shall be reduced if these insurance limits are not reasonably and economically available. For the purposes of this subsection "economically practicabl~?' '"lreasonably~ and "economically available" shall be determined by the insurance coverages affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. 12,) ~. (0 l) The Licensee shall furnish a surety bond in the amount of Three Hundred Thousand Dollars ($300,000) to run continuously (annual renewal allowed) until all landfill operations and closure activities are completed to ensure compliance with the terms and conditions of this License. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving one hundred twenty (120) days' prior written notice to the City. The Licensee shall renew each such bond no more than sixty (60) days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Licensee and shall constitute ground for immediate and automatic revocation of'this License. Said bond shall provide that if the Licensee refuses to obey any of the requirements or to any of the acts required by this License or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore, repair, or clean up the Landfill Site to the condition and requirements required by law, the obligor shall reimburse the City for any and all expenses incurred to remedy the failure of the Licensee to comply with this License, and the obligor shall indemnify and save the City harmless from all losses, costs, and charges that may occur to the City because of any default by the 16. Sent by: DRB 6122919313; 05/12/97 19:04; Jetfax #243;Page 18/39 Licensee. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either or both the City or County, (02) In the event this, or any subsequent license is revoked or the Licensee closes operation of the landfill for any reason, including but without limitation, order of the court or other agency of competent jurisdiction, bankruptcy, insolvency, or abandonment, the Licensee shall immediately proceed to close, cover, and grade the Landfill Site according to an environmentally sound closure plan which shall be approved by the City and which shall comply with all requirements of the MPCA and Sherburne County relating to final closure. In the event the Licensee fails to comply with the terms of this subparagraph (02), the City may, upon ninety (90) days' prior notice to the Licensee, enter onto the property and perform all such obligations, the costs of which shall be borne by the Licensee, or, in default thereof, by its su,'ety. 13.) Applicability of License. This License shall apply to the entire Landfill Property. 14.) Li~nse Period. This renewed License shall be in force and effect until January 3 l, f2eoef [2oo ] 1. 15.) Violation of Conditions, If the Licensee or its successors or assigns violate any term or condition imposed by this License, this License may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or license condition imposed by lawful governmental authority and governing operations on the Landfill Property is ground for revocation and termination of this License, The change, alteration, or amendment of any such statute, regulation, ordinance, or license condition by any governmental authority other than the City shall not excuse the Licensee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the date of the original issuance of this License unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waiv'e or excuse compliance with existing permit or license conditions, 17. Sent by: DRB 6122919313; 05/12/97 19:05; Jet~'~x #243;Page 19/39 16.) Doquments. Reports. and Maos. Copies ofall documents, reports, and maps which are t,~u,,~ ,~, ~ supplied to the ~ [MPCAI or to Sherburne County shall also be supplied to the City, at the same time. 17.) Charges and Fees. The Licensee agrees to pay to the City upon the [_amendment ~ renewal of this License, S2,000. Thereafter, the Licensee shall pay the City an annual license fcc of $2,000. 18) On-Site lnsr>ection. The City may inspect the Landfill and the Landfill Property for the purposes of'examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and others obtaining necessary information pertaining to the construction, operation, and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notit~y personnel at the landfill office at the time of inspection. In case of emergency, the City will call Victoria Kreger to gain entry and provide notice of the situation. Licensee shall promptly notil~y the City of any substitutions of persons to be so notified. The City shall be notified by the Licensee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this License. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staff to Licensee. Ibis letter may be revised or supplemented by City staff from time to time as necessary to address the City's needs for notification. 19) IIld.e,,IBa~. The Licensee shall indemnify, defend, and hold the City harmless fi.om all claims, demands, and/or actions legal and/or equitable arising from the operations on the Landfill Property. 20.) Workers' Compensation. The Licensee shall carry in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling all requirements of the Worker's Compensation Act, including all legal requirements for occupational diseases, or self- insm'e for the above. 21.) ~ilil_,q~ll~. The Licensee shall notify the City forty-eight (48) hours before any sampling of groundwater or surface water and allow the City at its expense to obtain split samples of such waters. 22.) Right to Require Performance. The failure of the City, at any time, to require performance by the Licensee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself'. 18. Sent by: DRB 6122919313; 05/12/97 19:05; Jet,ax #243;Page 20/39 23.) Severa}bility. If any provision of this License shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 24) ~. This License shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 25.) ~_andflll Surcharge Fees. This License does not waive the City's right to collect the surcharge authorized by Minn. Stat. § 115A.921, Subd 1 (the Surcharge). The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the landfill each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. 26.) Conflicts. In any cases in which the Licensee believes there is an irreconcilable conflict between the requirements of this License and Laws, Rules, Regulations, or Order of any other governmental authority, the Licensee shall promptly notify the City of such irreconcilable contlict and request an amendment of this License. Until such time as the City acts upon a request for an amendment to this License, which it may grant or deny in its sole discretion, the terms of this License shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Licensee and any requirements of state or federal law. The City shall not unreasonably refuse to amend this License or waive compliance with this License in order to prevent violation of law. 27.) Modification. Suspension. or Revocation of License. The violation ofany of the terms of this License is grounds for suspension or revocation hereof. Furthermore, the City specifically reset, es the fight, and the Licensee agrees that this License may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, and welfare. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this License, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the landfill places the public health, safety, or welfare, in jeopardy. Such information includes, but is not limited to the following: (01) A determination that (other than as indicated in the license application) leachate generated at the Landfill Site is migrating to surface or ground waters in a way that threatens the public health, safety, or general welfare. (02) A determination that (other than as indicated in the license application) standards for drinking water (whether promulgated as of the date of this License or at a later date by the United States Environmental Protection Agency, the Minnesota Departmem of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in groundwaters or surface waters) are being violated as a result of landfill operations. ~0~6.~ 19. Sent by: DRB 6122919313; 05/12/97 19:06; Jet~ #243;Page 21/39 (03) A determination that the emission of landfill gas on the Landfill Site is creating or threatens to create a safety hazard to the community. Without limiting the foregoing, the City reserves thc right to amend this License to impose upon the Licensee the obligation to comply with any state or federal law or regulation relating to the opecation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendment of this License may be ordered only after a public hearing on such suspension, revocation, or amendment preceded by thirty (30) days' written notice to the Licensee or at the time of consideration of renewal of this License. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefor. ATTEST: THE CITY OF ELK RIVER: By: Patrick D. Klaers [Henry A, Duitsman City Administrator'l Its: Mayor ELK RIVER LANDFII .t., INC. By: [Vi~oria L. Kre~er Its: Site Mana~er~l ~ THIS INSTRUMENT WAS DRAFTED BY: DOt-LERTY, RUMBLE & BU'rLER~ PROFESSIONAL ASSOCIATION 3500 FitCh Street Towers 150 South Fifth Street Minneapolis, MN 55402 20. Sent by: DRB 6122919313; 05/12/97 19:06; Jef/=~( #243;Page 22/39 CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERMIT THIS AGREEMENT, made and entered into this __ day of , ~ [ 199T~! by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as thc City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Permittee), [which is owned bv Sanifill. Inc.. a Texas ~orooration.that is a wholly owned subsidiatw of USA Waste Services; Inc.. a Delaware corooration.] provides as follows: WHEREAS, thc Permittee owns the real properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill Property), situated in the City of Elk River; and WHEREAS, Permittee has been operating a landfill on the Landfill Property prior to January 20, 1987, and is currently operating a landfill at that location (the Landfill); and WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance authorizing the designation of a Solid Waste Facility (SWF) district effective JanuaD' 20, 1987; and WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted or conditional use in any zoning district within the City; and WHEREAS, Perrnittee's landfill operation on the Landfill Property was a nonconforming use prior to the adoption of the Amendment; and WHEREAS, the appropriate and lawful regulation of thc use of land for landfill purposes within the City is a matter of important public need and interest; and WHEREAS, the residents of the City could be adversely affected by the unregulated operation of the Landfill; and WHEREAS, the City rezoned the Landfill Property to SWF district and issued a Conditional Use Permit and Solid Waste Facility License for the Landfill operation in October, ! 988; and WHEREAS, Permittee has applied to the City for _[amendment and] renewal of the Solid Waste Facility License and has requested that the Conditional Use Permit be amended to permit Sent by: DRB 6122919313; 05/12/97 19:07; Jet~x #243;Page 23/39 -},[.constr,~ction of additional cells at the Landfill: and WHE~AS. the City Council has determined that for reasons related to oublic health. safetw and welfare the--final elevati°~ °flhe Landfill should be limited to no more than 1120 feet above Mean Sea Level (MSL): and WHF. REAS~ the Permittee has a~eed to a final elevation of no more thatx1120 MSL' andl WI-IER.EAS, the City of Elk River Planning Commission and City Council have held hearings on the request to amend the Conditional Use Permit, at which hearings all citizens of the City of Elk River and other interested panics have had thc opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that Elk River Landfill, Inc., is hereby granted an amended conditional use permit for landfill and related operations on the Landfill Property described above, subject to the terms, conditions and qualifications herefinaffer stated, to wit: 1.) Scope and Conduct of Landfall Operations. The operation of a solid waste landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Shcrbumc County (the County), and the Minnesota Pollution Control Agency ffPC-A-)afl(MPCA~; and in accordance with authorization and limitations contained in (PC-A~L ~ Solid Waste Permit No. 74-{~ [as modified and reissued in 1997 and which st~ecificallv authorizes Cells 12 and 13: (0211 the current Sherbume County Solid Waste Landfill License of the Pcrmine~7~fF: (03]_____~] the current City Solid Waste Facility License [of the PermitteeiI and [(04'11 this Permit.[ 1Landfill operations may be conducted on thc Landfill Site only in accordance with the plans, descriptions, and repons incorporated in said permits ':--'-" .....~,.z,,,.,.,y,~'~--"- b.; "'- - · -~,,~,~, ,-wt~,,,,,,,,-,, -~,~,,,,,~,~, ,-,-,,,~,,,~,~, -,-,,, ~-' i ['and licenses. Provide&. ..... however_ that the entir~ !.andfill shall have a final elevation of no more that 1120 feet above MSL based on 5H:lV slooes, and includ..in_~ final cover_ as orovided in the Long Term Deveiooment Plan submitted to 1;hg City dated March 1997. and as revised on Aorii 15. i997. An.v. chanE~S made to the nlans_ descrintions, reoorts, oermits a..,n, d.Jicenses; inc!udin_~ MPCA golid Waste Permit No. 74 and the 909s:9.~ 2. Sent by: DRB 6122919313; 05/12/97 19:07; J~ #243;Page 24/39 Count____~_License, shall ~lso be reviewed ~cl anoroved.. _ a[~[~roved with modification, or. disapproved by the City as described in the current License iss~d by the_City]. 2) Scope and Conduct of Related Operations. (01) Recycling Center. The operation ot'a recycling center on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The recycling center shall be located and operated as shown on plans submitted by Permittee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided that Licensee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Permittee. Operation of the recycling center by a different operator shall require the prior written approval of City staff. Any different operator of the recycling center must comply with all of the terms and conditions of this Permit. (d) Permittec shall place appropriate signage on the Landfill Property to direct citizens to the location of the recycling center. (e) Used oil recycling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by staff. (0 Batte~ storage shall be within an enclosed building w/th an impermeable floor and containment area suitable for bat~e~ acid, as approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Permittee shall have a regular schedule for appliance pick-up, to be approved by City staff. (02) Yard Waste Composting. The operation of a yard waste eomposting facility on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: 909579.3 3. Sent by: DRB 6122919313; 05/12/97 19:08; Jeti~ax #243;Page 25/39 (a) The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The yard waste composting facility shall be located and opexated as shown on plans submitted by Permittee and approved by City staff. (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All municipal solid waste must be immediately removed from yard waste and landfilled. (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum, If odor becomes a problem staff may require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quicldy as possible. (t3 The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff, (h) Yard waste and/or compost may not be used as daily cover for the landfill. (i) That Permittee is in strict compliance with all other terms, conditions and requirements of this Conditional Use Permit, including specifically, but not limited to, the operational and environmemal monitoring requirements of sections 4, 6, and 7, and the requirements of sections 16 and 24 to make prompt payment of all fees and costs due to the City. No yard waste may be accepted at the yard waste composting facility if this condition is not complied with. Permittee must immediately stop accepting yard waste upon written notice from the City that there is a violation of this condition. (03) Demolition Debris, The operation of a demolition debris landfill on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the demolition debris landfill shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state and county laws and regulations, 9095?9.3 4. Sent by: DRB 6122919313; 05/12/97 19:08; Jet,ax #243;Page 26/39 (b) The demolition debris landfill shall be located and operated as shown on ~ [the "Revised_Demolition Fill Plan - Final Grades. Sheet C-2." dated February 26. 19971 submitted by Permittee and approved by City staff, (c) Pennittee shall provide an estimated development time line for the demolition debris landfill, including an estimated clo:gure time line, which shall be updated as appropriate. (d) Permittee shall pay the demolition debris surcharge authorized by Minn, Stat. § 1 ISA. 921, Subd. 2. The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of demolition debris disposed of each day during the month. The Surcharge due t'or each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this Permit and shall be a violation of the conditions and requirements of this Permit for the purposes of'the related operations authorized by Section 2 of this Permit. (e) That Perrnittee is in strict compliance with all other terms, conditions and requirements of this Conditional Use Permit, ineludi~ag specifically, but not limited to, the operational and environmental monitoring requirements of sections 4, 6, and 7; and the requirements of sections 16 and 24 to make prompt payment of all fees due to the City. No demolition debris may be accepted at the demolition debris landfill if this condition is not complied with. Permittee must immediately stop accepting demolition debris upon wfiuen notice from the City that there is a violation of this condition. (04) Other Relat?xl Operations, No other operations or activities., whether or not related to the Landfill, shall be permitted or allowed on the Landfill Property unless this Permit is first amended to specifically allow such operations and to specify the applicable conditions except mining activities or other operations licensed or permitted separately by City, 3.) Buffer Zone. A Buffer Zone shall be established within the perimeter of thc Landfill Property around the waste disposal areas of not less than 200 feet. Within this Buffer Zone, no waste disposal may occur. Permittee shall place a six (6) foot high earth berm, landscaped with evergreen trees and protected from erosion within the Buffer Zone, Where thc Buffer Zone comains heavily wooded areas, exception to installing the berm and landscaping shall be allowed. A plan for establishment of the Buffer Zone shall be submitted to the City no later than (M.a~ ch} fJulv'l l, ~ [1997~ for approval by City staff and shall b.e implemented as provided in thc plan, Sent by: DRB 6122919313; 05/12/97 19:09; JefJrax #243;Page 27/39 4.) Specific Addil~iqn~l OperaTiomtl Requiremen[s. (01) i i Pi ,~L_, ........... ,__:__ p;p 'Pe~itt~ s~ll vefi~ to ~he City eve~ four (4) y~rs that the existing [leachate_.[rapsmisfion oioes dol not leak. (02) Backun l.eachate 'Pumos. Permittee shall maintain backup pumps for use in the event of pump failure at the wet well and leachate storage tank on-site, or shall maintain provisions for restoring temporary leachate pumping within a 24 hour period. (03) Leachate Holding Tank. Permittee shall ensure that the leachate holding tank is pumped out on a regular schedule, It shall be a violation of this Permit to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate holding tank being full. (04) Gas Venting System. {I,iitia;~ oW,,,t;,:,,,,:,fil,~.} [Permittee shall conductl, active landfill gas venting t.~...,,~ ,,~, ~...,, ~, ,~.,, } [in accordance with aneroved nlans and shall construct additional nhases of'the veminr system at the time of final cover construction. ] (05) Comprehensive Monitoring Plan. {Sab.,il a) rThe.._.~l Comprehensive Monitoring Plan which describes the sampling frequency, parameters, protocols and reporting frequency for landfill gas, leachate, leachate piezometers, leachate lysimeter, residential wells, groundwater monitoring wells and surface water I'shall be undated annually t~o reflect chanaes in the monitorin~ svstemsl, The monitoring plan shall yield adequate information for assessing the effectiveness of the landfill gas control system in decreasing VOC contaminants in the groundwater, Thet'-'--P'~,, ~,,o--'--" b,; :,uu]].,].~.~- ' "'-J b~ ."-'~,,,,.,,~ ·, , ~,,, ,~,,,~ upda~.~-d ,~,,,,,,,,,y. Thc ~qts,,~ ' F,aa ,-~t annual updates shall be approved by the City. (06) Annual Gas Vent System Assessment. Annually assess the effectiveness ofactive landfill gas venting operations based on the results of groundwater and landfill gas monitoring. Incorporate the evaluation in the MPCA Annual Report for the landfill. (07) VOC Remediation Feasibility Study. In accordance with MPCA {coiYeapor, doace ~t~ ~6 i~ai5 14, ,~ ,~,,,~ ,,~ _ ermit: Pa .C: Corr~tive Action {l,i,a,xi~a;~a,i X~bo,~}, the Landfill ~ll be allowed a three ye~ lime,me in which to demonstrate the effectiveness oflmdfill gas extraction system in reducing VOC contamin~ts in the groundwater, If, as of March l, 1999, groundwater quality standards are exceeded at the facility's compliance boundary and the concentration of VOCs do not show a decreasing trend, the 90957~.3 6. Sent by: DRB 6122919313; 05/12/97 19:09; Jcl'Fax #243;Page 28/39 Landfill shall complete a Focused Feasibility Study, The Focused Feasibility Study shall be submitted to City staffby June 1, 1999. (05) VOC Remedial Acli0n. If necessary, the selected remedial measure for VOC contaminants identified by the Feasibility Study must be constructed and operational by March 1, 2001, unless good cause can be shown for a delay. (09) Heavy_ Metal ConLaminant Monitoring and Assessmen[. Heavy metal contaminants for surface water and groundwater must be addressed in addition to VOC contaminants. Based on the need for additional monitoring~,,,"- '. 99.~ ,~,,,~-- ~ ,..,,j' ^~ to confirm exceedances and identify trends, the Landfill shall {c,~adu,.-; } [~ntinu_el monitoring ~ and -{q996-m~ prepare ~ evaluation 0'epo~ [reoog~] which shall be submitted with the ~q996~ MPCA Annual fR-epor~ [Repons], (10) Heavy. Metal Contamination Feasibility Study. If heavy metal concentrations in groundwater and surface water exceed regulatory standards, the Landfill will be required to conduct a Feasibility Study and submit it to City staff {by Ma~ ;, |9D7} f_on schedule determined by City staffl. (11) Construction Quality Assurance Reports. A Construction Quality Assurance (CQA) R~ort shall bc submitted to the City prior to the placement of waste on newly constructed lined areas. A CQA report shall also be submitted for Landfill areas which receive final cover. The report shall demonstrate that thc work is completed to the plan specifications. The Report shall bc certified by an engineer registered in the State of Minnesota and shall include but not be limited to: (a) All relevant construction specifications; (b) All shop drawings for prefabricated components; (c) Photo documentation of all critical aspects of construction; (d) Deflection testing results for leachate collection and transmission pipes; (e) Narrative description of all as-built variances from the plans and/or specifications; (f) As-built cross-sections of the liner subgrade; (g) As-built elevations for all pipe inlets and outlets and pump-on/pump-off controls; (h) Completed manufacturer warranties; ~09S79,3 7, Sent by: DRB 6122919313; 05/12/97 19:10; jet~rax #243;Page 29/39 (i) All physical testing results. (13) The Pennittee shall notify the City at least two (2) days in advance of liner barrier layer installation or final cover barrier layer installation. The Permittee shall assist the City in arranging inspection of the site at any reasonable time the City requests. The Permittee shall keep the City informed of ongoing construction progress and shall specifically notify the City of significant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work which is covered or otherwise obscured prior to City inspection, to be re-excavated for City inspection. (14) Temporary_ F_encing - On-Site Litter Control. Litter control fences shall be ~ ,~ around the working area(s) of the Landfill to prevent the blowing of paper or other litter on or off site. The Perrnittee shall assign employees to engage in a regular and routine program to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. (15) Permanent Fencing. The Permittee shall {ins~;.'.l} [Jllltiflta~ a minimum six-foot high fence around the perimeter of the site if and when necessary, based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping, (16) Public Information. The Permittee shall maintain a sign at the entrance to the Landfill Site which describes in common terms the substances which may be disposed at the Landfill and those substances which may not be accepted for disposal. (17) ~anitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. (18) Electrical Service. Adequate electrical service shall be provided at the site for operations and repairs. (19) .F=~. Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfill, The self-contained breathing apparatus purchased for the City Fire Department shall be available at the Fire Department for use by Permittee on a temporary basis, as approved by the Fire Chief. Permittee shall make a landfill operator available at the request of the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. (20) Safety F. quipmenl. Emergency first aid equipment consisting of at least one first aid kit kept near the working face, and at least one shower on site available to all personnel and customers shall be supplied. At least one of every four landfill personnel shall be trained in first aid and CPR. (21) Water. A potable water supply shall be available for site personnel. 909579.3 8. Sent by: DRB 6122919313; 05/12/97 19:10; Jet,ax #243;Page 30/39 (22) Storage. Adequate on-site shelter shall be provided for maintenance and storage, sufficient to supply the equipment required by subsection (19) of this section, during cold weather operations. (23) Vehicle Stacking Facilities. Adequate vehicle stacking facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of the Landfill Property, (24) Communication. Adequate communication facilities shall be provided for emergency purposes. (25) Security, A gate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. (26) ~. An all-weather haul road shall be provided to the unloading area and watered on a regular basis. The Landfill shall pave the access roads from T.H. 169 to the scale and from T,H. 169 to the shop building by June 30, 1997 to reduce dust generation. (27) Adet~uate Eauioment Adequate equipment shall be supplied capable of spreading and compacting the refuse as received. At least one machine capable of covering the working face, in its entirety at the end of the day, shall be supplied. (28) Info _rmation ~_isp_lay, Subject to approval by the City Council, the Permittee shall -{~-~'eand~ maintain at each entrance to the Landfill Property a sign stating the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the Minnesota Pollution Control Agency Permit number and the penal~y for nonconforming dumping. (29) Small-Load Dumping Site. The Permittee shall, during all hours of operation, maintain and operate a separate suitable and safe disposal area for the dumping of small loads by pickup trucks, cars, and trailers from May 1 to October 31 each year. This separate site shall be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal fi'equency of such dumping, [(30.__~) Oak Wilt Prevention As a, method to. prevent oak wilt. Permittee shall not conduct any tree removal operations at the Landfill Property between Aoril 15 and Jul.v 15,, .e~,.h year;_ln addition, oak stumns shall be removed orior to Amil ! 5 each year When removin~ trees and stumps. Permittee shall R,r,eyent damaee to remaininu trees.] 5.) Off-Site Litter Control. The Permittee shall engage in a regular and routine litter maintenance and removal program extending one-half mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as may be determined by the City. Litter shall be removed from these areas not less than once per week, and more often if necessary because of spills or complaints from neighboring property owners, 90~579.3 9. Sent by: DRB 6122919313; 05/12/97 19:11; Jc:'~ax #243;Page 31/39 and cnsurc that thcse arcas are kept free of litter generated by truck trattic traveling to and fi.om the Landfill. In addition, Permittee shall inspect all trucks leaving the Landfill to ensure that they are either fully enclosed or covered, and/or clean, and will not spread litter on surrounding streets and roadways as they leave. In the event that Permitte¢ fails to remove litter within forty-eight (48) hours of notice of accumulation of litter by the City, the City may cause such litter to be removed. The City shall bill the cost of such removal to the Permittee, which shall remit payment within thirty (30) days of the date of such billing. 6.) ['Hours of Ooeration. The landfill shall not be ooerated between 7:00 o.m. and 6;00 ~1. m. The landfill may ace, eot waste dudnsz off hours only,, ,u,,,n,d,er the. followins~circumstances: fa) The wastes have been tested and aoproved for disposal: Acceptance is necessary duriqg offhours because of extraordinary circumstances~ _Each instance of off hour acceotance has received the odor at~oroval of the City Buildimz and Zoninlz Administrator and such a~t~roval was s~ranted durimz City business hours: and Each instance of off hour accemance is documented in a le~er sent by the Landfill,to the Buildina and_Zonine Administrator within five business days 9fthe instance of off hour acceotance. 7,'~ l Site Environmental Monitoring. (0 !) On-site Groundwater. The Permittee shall perform on-site water quality testing at the monitoring wells in the manner required by the ~ ~ permit. The wells shall meet current Department of Health Well Code Standards. The Water Quality Report shall be submitted to the City when it is submitted to the ~ ~. (02) Surface Water Quality. The Permittee shall have surface water quality tests performed in conjunction with sampling quarterly events when water is present. (03) Off-Site Groundwater Ouality. The Permittee shall annually sample the individual private wells identified in the Comprehensive Monitoring Plan required by section 4(05). All private wells shall be analyzed for pH, COD, ammonia, chlorides, specific conductance, and volatile organic compounds (NfDH method 465C and EPA method 601, o2), (04) ~l~¢,il,li.~l. The testing programs specified in this Section 6 may be modified by City staffif City staff reasonably determines there exists a need for additional wells to be tested or additional parameters to be analyzed, based upon water or air quality test results indicating the presence of contamination. 909~79.3 10, Sent by: DRB 6122919313; 05/12/97 19:11; JetiCalx #243;Page 32/39 ~ [831 Hydro_zeologic Reports, The investigation of the hydrological and geophysical characteristics of the site shall be continued and any other new information relating to the hydrogeologic impact of the site shall be reported to the City. Hydrogeologic reports shall be updated, amended, and modified as warranted by newly discovered or additional data acquired in the continued hydrogeologic investigation. The ?ermittee shall also notify City at least two (2) days in advance of any soil boring or well construction required by this Permit. ~ [931 Dust; Noise; and Odor. Fugitive dust emissions off-site shall be controlled at the Landfill Site as necessary by undertaking the following: road surfaces within the Landfill Site shall be wetted with water or an appropriate chemical whenever off-site dust levels become unreasonable as determined by the City Zoning Administrator. Dust pollutives shall be utilized to the extent necessary on cover material such as stock piles to reduce wind erosion as well as on other exposed surfaces as appropriate. Cover compaction and revegetation activities shall be undertaken promptly on the completion of various fill areas and vegetative cover capable of quick growth shall be utilized. Plantings of'bushes and trees shall be installed if' needed to buffer the Landfill Site and minimize wind erosion. All equipment and vehicles utilized at the Landfill Site shall be periodically inspected and maintained to minimize noise. Vegetative barriers along the boundaries of the Landfill Site shall be utilized to minimize off-site noise impacts. Applicable state standards for noise pollution shall not be exceeded by the Landfill operation, equipment, vehicles, or machinery, The Perrnittee shall take reasonable actions to control odors from the Landfill Site. ~ f10,~1 Closure. Within six (6) months ora written demand by the City, but in no event later than one (1) year prior to the date projected for cessation of landfill operations, the Permittee shall submit to the City for approval an updated closure and post-closure plan for the Landfill Site. ~ ri 1.1_.__] _Insurance. The Permittee shall secure and maintain insurance from an insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which will protect the Permittee, its agents and employees, and the City from claims for bodily injury, death, or property damage which may arise from the operations on the Landfill Site. The Permittee shall file a certificate of insurance or a certified copy of' the insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverages shall be provided in amounts not less than those specified: (01) Public liability, general liability, loading and unloading, personal injury, and property damage; (a) $200,000 per claimant Co) $600,000 per occurrence Sent by: DRB 6122919313; 05/12/97 19:12; Jet~dx #243;Page 33/39 (c) $600,000 annual aggregate (02) Automobile and truck public liability, personal injury, and property damage, including owned and ~ lnon-owned] vehicles with a $:500,000 minimum limit, (03) The City may require additional insurance be provided by the Permittee if market conditions change such that additional coverage become economically practicable, The insurance limits required by this section shall be reduced if these insurance limits are not reasonably and economically available, For the purposes of this subsection "economically practicabl~[." "___]reasonably["l and "economically available" shall be determined by the insurance coverages affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. (0l) The Permittee shall furnish a surety bond in the amount of Three Hundred Thousand Dollars ($300,00(3) to run continuously (annual renewal allowed) until ali landfill operations and closure activities are completed to ensure compliance with the terms and conditions of this Conditional Use Permit. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving one hundred twenty (120) days' prior written notice to tM City. The Permitt~ shall renew each such bond no more than sixty (60) days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Permittee and shall constitute ground for immediate and automatic revocation of this Permit. Said bond shall provide that if the Permittee refuses to obey any of'these requirements or to any of the acts required by this Conditional Use Permit or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore the Landfill Site to the condition and requirements required by this Conditional Use Permit, the obligor shall reimburse the City for any and all expenses incurred to remedy the failure of the Permittee to comply with this Permit, and the obligor shall indemnify and save the City harmless from all losses, costs, and charges that may occur to the City because of any default by the Permittee. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either or both the City or County. (02) In the event this, or any subsequent permit is revoked or the Permittee closes operation of the landfill for any reason, including but without limitation, order of the court or other agency of competent jurisdiction, bankruptcy, insolvency, or abandonment, the Permittee shall immediately proceed to close, cover, and grade the Landfill Site according to an environmentally sound closure plan which shall be approved by the City and which shall comply with all requirements of the ,{-P(.'.-~ I'MPCA1 and Sherburne County relating to final closure. In the event the Permittee fails to comply with the terms of this subparagraph -~4~[(02)!, the City may, upon ninety (90) days' prior notice to the ~o~7~.~ 12. Sent by: DRB 6122919313; 05/12/97 19:13; Jetrax #243;Page 34/39 Perrnittee, enter into the property and perform all such obligations, the costs of which shall be borne by the Permittee, or, in default thereof, by its surety. ~ [ 1331 Applicability of Conditional Use Permit. This Permit shall apply to the entire Landfill Property. This Conditional Use Permit shall mn with the real property and apply to the Permittee, its successors, and assigns. ~ f1431 permit Period. This Permit shall be in force and effect until Januaq~ 31, ~ [2.Q0~ or until the landfill operations authorized herein are completed and the Landfill is closed in compliance with the closure plan, whichever comes first. ,f+4r)-}, flS.'fl Violation Of Conditions. If the Permittee or its successors or assigns violates any term or condition imposed by this Conditional Use Permit, or any solid waste facilities license issued for operation of the Landfill, this Conditional Use Permit may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or permit condition imposed by lawful governmental authority and governing operations on the Landfill Property is grounds for suspension, revocation or termination of this Conditional Use Permit. The change, alteration, or amendment of any such statute, regulation, ordinance, or permit condition by any governmental authority other than the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the date of the original issuance of this Permit unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. ~ ~ Documents. Repo_rts. and Maps. Copies of all documents, reports, and :naps which are t,~l-,,,;,, ,,.' u,;~ supplied to the ~ [MPCA~ or to Sherburne County shall also be supplied to the City, at the same time, {-tr~ r17.}1 _Charges and Fees. The Permittee agrees to pay [o the City the City's reasonable costs for administering, enforcing, modifying and amending this Conditional Use: Permit, as follows: 13. Sent by: DRB 6122919313; 05/12/97 19:13; Jetr-ax #243;Page 35/39 (01) Permittee shall pay one hundred percent (100%) of the City's costs for processing renewals, amendments or proposed amendments to this Permit; and (02) Permittee shall pay one hundred percent (100%) of the City's costs for administering and enforcing the terms of this Permit, including costs for reviewing Permittee's compliance with the terms and conditions of this Permit, costs for bringing Permittee into compliance with the terms and conditions of this Permit (including legal costs); and City costs incurred for review of Permittee initiated requests such as "co- disposal" approvals, etc. rls.~l on-site Inspection. The City may inspect the Landfill Site for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and otherwise obtaining necessary information pertaining to the construction, operation, and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time ofinspection. Permittee shall promptly notify the City ofthe name of an authorized person to be notified and provide access to the Landfill in case of emergency. The City shall be notified by the Permittee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this Permit. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staffto Permittee. This letter may be revised or supplemented by City stafffrom time to time as necessary to address the City's needs for notification. ~ [1931 Indemnity. The Permittee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions, legal and/or equitable arising fi-om the operations on the Landfill Site. ~ ~ Worker's Compensation, The Permittee shall carry in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling all requirements of the Worker's Compensation Act, including all legal requirements for occupational diseases, or self-insure for the above. ~ r2131 ;.~. The Permittee shall notify the City forty-eight (48) hours before any sampling of groundwater or surface water and allow the City to obtain split samples of such waters. ~ ~ Right to Ree. u_ire Performance. The failure of the City, at any time, to require performance by the Permittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. ~oosT9.a 14. Sent by: DRB 6122919313; 05/12/97 19:14; J~ #243;Page 36/39 ~ r23.)1 Sevq:rabili~y. If any provision of this Conditional Use Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. ~ r24 I1 Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. ~ [253] l[.andfill Surcharge Fees. This Permit does not waive the City's fight to collect the surcharge authorized by Minn. Stat. § 115A.921, Subd, ! (the Surcharge). The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the landfill each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtietl~ calendar day of the succeeding month, Failure to pay the surcharge fee when due shall be cause for revocation of this Pen'nit and shall be a violation of the conditions and requirements of this Permit for the purposes of the related operations authorized by Section :2 of this Permit. ~ [2631 Conflicts. In any cases in which the Permittee believes there is an irreconcilable conflict between the requirements of this Conditional Use Permit and Laws, Rules, Regulations, or Order of any other governmental authority, the Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Conditional Use Permit. Until such time as the City acts upon a request for an amendment to this Conditional Use Permit, which it may grant or deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Permit Hold~ and any requirements of state or federal law. The City shall not un_reasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law. ~ ~ Modification. Suspension_ or Revocation of Permit. The violation of any of the terms of this Permit is ground for suspension or revocation hereof. Furthermore, the City specifically reserves the right, and the Permittee agrees that this Permit may be amended, suspended, or revoked by lhe City as reasonably required to protect the public health, safety, welfare, and the environment, Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, or the environment in jeopardy. Such information includes, but is not limited to the following: (0 I) A determination that (other than as indicated in the permit application) leachate generated at the Landfill Site is migrating to surface or ground waters in a way that threatens the public health, safety, or general welfare. (02) A determination that (other than as indicated in the permit application) standard recommended health advisory levels or intervention levels for drinking water (whether ~o9~79.3 15. Sent by: DRB 6122919313; 05/12/97 19:14; Jet,ax #243;Page 37/39 promulgated as of the date of this Permit or at. a later date, by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in groundwaters or surface waters) are being violated as a result of landfill operations. (03) A determination that the emission of landfill gas on or adjacent to the Landfill Site is creating or t}u'eatens to create a health or safety hsTard to the community. Without limiting the foregoing, the City reserves the right to amend this Permit to impose upon the Permittee the obligation to comply with any state or federal law or regulation relating to the operation of sanita~j landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendment of this Conditional Use Permit may be ordered only after a public hearing on such suspension, revocation, or amendment, preceded by thirty (30) days' written notice to the Permittee, or at the time of consideration of renewal of this Permit. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefor. Dated: ATTEST: THE CITY OF ELK RIVER: Patrick D, Klaers Citv. Administrator] By:. fHenrv A. Duitsman Its: Mayor EI,K RIVER LANDFILL, INC. By: rVictoria L, Kreeer Its: Site Mana~er~ ~ STATE OF MINNESOTA ) COUNTY OF $I-[ERBURNE ) The foregoing instrument was acknowledged before me this ~ day {oi' Ja,i~,,~ y, 1996, by ~:a,,k} [of , 1997_ by Hen~ A_.J Duitsman, the Mayor of the City of Elk River, on behalf of the City of Elk River. 16. Sent by: DRB 6122919313; 05/12/97 19:15; Jet~-ax #243;Page 38/39 No'~a~' Public STATE OF MINNESOTA ) COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ___ day of Oanmry:, -}99~r . lOOj], by Patrick D. Klaers, the City Administrator of the City of Elk River, on behalf of the City of Elk River. Notary Public 17. Sent by: DRB 6122919313; 05/12/97 19:15; Jetrax #243;Page 39/39 STATE OF MINNESOTA ) COUNTY OF SL-I?-RBURNE ) The foregoing instrument was acknowledged before me this ~ day off-January:, 1997. by Victoria L. Kre~zer~ the Site Mana_~et] of Elk River Landfill, Inc,, a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY, RUMBLE & BUTLERffP~B~ PROFESSIONAL ASSOCIATION 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402