RES 11-58RESOLUTION NO. 11-58
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City Council
City of Elk River
A Resolution Approving the Application of Elk River Landfill, Inc. for an Amended
Conditional Use Permit and Solid Waste Facilities License to .Allow Expansion of the Elk
River Landfill
WHEREAS, Elk River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste
Management, Inc. (WMI), is the owner and operator of the Elk River Landfill (Landfill); and
WHEREAS, Capital Land Group, a land holding company for Tiller Corporation (Tiller),
is the owner of an approximately 109-acre parcel of land located immediately south of the
existing Landfill (the Tiller Property); and
WHEREAS, ERL and Tiller have submitted, on June 27, 2011, a land use application
(Application) to the City requesting:
1. An amendment to the City's 2004 Comprehensive Plan to amend the Land
Use Map Element of the Comprehensive Plan to change the land use designation of 33
acres of the Tiller Property from "Mining" to "Landfill"; and
2. An amendment to the City of Elk River Zoning Map to rezone 33 acres of
the Tiller Property from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-
1(SWF), Agricultural Conservation (Solid Waste Facility); and
3. A Conditional Use Permit (CUP) to allow a 31.8-acre expansion of the
existing Landfill onto the Tiller Property; and
4. A Solid Waste Facilities License to allow the operation of a Landfill
within the 31.8-acre expansion area; and
WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City
• Code, the Application for an Amendment to the Land Use Map Element of the Comprehensive
Plan, for a Rezoning and for a Conditional Use Permit were referred to the City of Elk River
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Planning Commission for a public hearing and recommendation to the City Council; and
WHEREAS, the Planning Commission held a public hearing on the Application on
September 13, 2011, at which time ERL, WMI, Tiller and their consultants were provided as
much time as they desired to present the Application and all information and data they desired in
support of the Application; and
WHEREAS, the Planning Commission took testimony from all members of the public
who desired to speak at the September 13, 2011 public hearing; and
WHEREAS, the Planning Commission closed its public hearing on the Application on
September 13, 2011 and adopted resolutions recommending to the Elk River City Council that
the requests for a Comprehensive Plan Amendment, Rezoning. and Conditional Use Permit for a
31.8-acre expansion of the Landfill be approved; and •
WHEREAS, the Elk River Crty Council, on September 19, 2011, held. a public heanng on
the Application and considered the Planning Commission's recommendation; and
WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the
September 19, 2011 public hearing before the City Council were provided the opportunity to do
so; and
WHEREAS, all written materials submitted by ERL, WMI, Tiller, and all other members
of the public prior to and at the public hearing on September 19, 2011 were accepted into the
record; and
WHEREAS, during the September 19, 2011 public hearing, the City Council discussed
the merits of the Application; and
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WHEREAS, after all parties .desiring to present testimony and offer evidence for or
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against the Application had had the opportumty to do so, the Elk River City Council los
public hearing on the Application and continued its discussion of the Application; and
WHEREAS, the Elk River City Council on September 19, 2011, adopted a resolution
(Land Use Resolution) approving an amendment to the Land Use Element ofthe Comprehensive
Plan to change the land use designation of 33 acres of the Tiller Property from "Mining" to
"Landfill"; and
WHEREAS, the Elk River City Council, on September 19, 2011, adopted a resolution
(Rezoning Resolution) rezoning 33 acres of the Tiller Property from A-1(ME) to A-1(SWF); and
WHEREAS, the Land Use Resolution sets forth in detail the City council's findings of
fact to support approval of the proposed amendment to the Comprehensive Plan, and sets forth
the conditions for the City Council's approval of the proposed amendment.
• F RE the Ci Council of the Ci of Elk River makes the followin
NOW, THERE O ty ty g
Findings of Fact and Decision with respect to the Application of ERL, WMI and Tiller for an
Amended Conditional Use Permit and Solid. Waste Facilities License to allow a 31..8-acre
expansion and operation of the Landfill:
FINDINGS OF FACT
1. The City Council adopts by reference each and every one of the Findings of Fact
and Conditions set forth in the Land Use Resolution and the Rezoning Resolution.
2. The City Council adopts by reference and incorporates into this Resolution
approving an Amended Conditional Use Permit and Solid Waste Facilities License for the
Landfill the conditions of approval set forth in Part C of the Decision Section of the Land Use
Resolution.
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3. In addition, the City Council finds that operation of a landfill pursuant to the
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terms set forth in the Agreement for Issuance of Amended Conditional Use Permit attached as
Exhibit A to this Resolution, and the Solid Waste Facilities License Agreement attached as
Exhibit B to this Resolution, would meet the standards and requirements set forth in the Elk
River Code of Ordinances for approval of a Conditional Use Permit and a Solid Waste Facilities
License.
DECISION ON CONDITIONAL USE PERMIT
THEREFORE, the City Council of the City. of Elk River makes the following Decision
with respect to the request for an Amended Conditional Use Permit to expand the Landfill onto
31.8 acres of the Tiller Property:
A. All of the reports and materials prepared by City Staff and City Consultants, as
well as the Findings of Fact and Recitals set forth in the Land Use Resolution and
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the Rezoning Resolution, are hereby adopted and incorporated within the City
Council's Decision on this matter.
B. The record in this matter shall include all materials submitted to the City and
presented to the Planning Commission and City Council, including those
materials presented in the staff reports, by the City staff and by the City's
consultants, and all materials and testimony submitted by or on behalf of ERL,
WMI, Tiller and their consultants, and all testimony received from the public, as
of the date of this Resolution.
C. Based on all of the above, the request for an Amended Conditional Use Permit to
expand the Landfill onto 31.8 acres of the Tiller Properly is hereby approved,
subject to the following conditions: 1) That the land use plan amendment and •
rezoning become effective as provided in the Land Use Resolution and the
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Rezoning Resolution; 2) That ERL execute and deliver to City the Agreement for
Issuance of Amended Conditional Use Permit attached as Exhibit A to this
Resolution;. and 3) That the Agreement for Issuance of an Amended Conditional
Use Permit becomes effective pursuant to its terms.
DECISION ON LICENSE
The City Council of the City of Elk River further makes the following Decision with
respect to the request for a License to operate a -Solid Waste Facility on 31.8 acres of the Tiller
Property:
A. All. of the reports and materials prepared by City Staff and City Consultants,. as
well as the Findings of Fact and Recitals set forth in the Land Use Resolution and
the Rezoning Resolution, are hereby adopted and incorporated within the City
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Council's decision on this matter
B. The record in this matter shall include all materials submitted to the City and
presented to the Planning Commission and City Council, including those
materials presented in the staff reports, by the City staff and by the City's
consultants, and all materials and testimony submitted by or on behalf of ERL,
WMI, Tiller and their consultants, and all testimony received from the public as
of the date of this resolution.
C. Based on all of the above, the request for a license to operate a Solid Waste
_ Facility is approved, subject to the following conditions: 1) That the land use
plan amendment, rezoning and conditional use permit approval all become
effective as provided in The Land Use Resolution, Rezoning Resolution and this
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Resolution; 2) That ERL execute and deliver to City the License Agreement
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attached as Exhibit B to this Resolution; and 3) That the. License Agreement
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becomes effective pursuant to its terms.
THIS RESOLUTION PASSED AND ADOPTED this 19th day of September, 2011.
J J. Die , Ma r
Tina Allard, City Clerk
GP:3041146 v2
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EXHIBIT A
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
AD~NDED CONDITIONAL USE PERNIIT
THIS AGREEMENT, approved on the 19th day of September, 2011 and effective as
provided herein, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation,
(the "City"), and ELK RIVER LANDFILL, INC., a Minnesota corporation (the "Permittee"),
which is a wholly owned subsidiary of Waste Management, Inc. a Delawaze corporation, provides
as follows:
RECITALS
WHEREAS, Pemuttee owns the real property described on Exhibit A attached hereto (the
"Landfill Property"), situated in the City of Elk River; and
WHEREAS, Permittee currently operates a mixed municipal solid waste ("MS W") landfill
(the "Landfill") on a portion of the Landfill Property pursuant to an amended conditional use
permit dated February 16, 2010 (the "Existing CUP"); and
WHEREAS, Permittee applied on June 27, 2011 for an amendment of the Existing CUP to
allow fora 31.8 acre expansion of the Landfill; and
WHEREAS, the City of Elk River Planning Comrnission and City Council have held
hearings on the request to amend the Existing CUP, at which hearings all citizens of the City of
Elk River and other interested parties have been properly notified and have had the opportunity to
be heazd.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
that Permittee is hereby granted an amended conditional use permit (the "Permit") for landfill and
related operations on the Landfill Property, subject to the terms, conditions and qualifications
hereinafter stated, to wit:
AGREEMENT
1.) Incorporation by Reference. The above Recitals are incorporated by reference.
2.) Scone and Conduct of Landfill Operations. The operation of a MSW landfill may be
conducted on the Landfill Property in conformance with existing statutory and regulatory authority
and requirements of the City, Sherburne County (the "County") and the Minnesota Pollution
Control Agency (the "MPCA"), and in accordance with the authorization, conditions and
limitations contained in this Permit and in:
(O1) the current City Solid Waste Facility ("SWF") License issued to Permittee, as approved on
September 19, 2011, and as subsequently amended or modified (the "City License"); and
(02) the current MPCA Solid Waste Permit No. 74 (the "State License") issued to Permittee;
and
(03) the current County Solid Waste Landfill License (the "County License") issued to
Permittee.
3.) Additional Expansion of Landfill Prohibited. This Permit authorizes the expansion of
landfill activities onto 31.8 acres to allow an additiona127.2 acres of MSW fill area. By accepting
and executing this Permit, Permittee agrees to comply with the design of the expansion approved
herein, and Permittee agrees to forever waive its right to pursue any further landfill expansion
within the City beyond the area describe in Exhibit A hereto.
4.) Conditions Agreed To. This Permit imposes those conditions which the City has
determined are reasonably necessary to fully mitigate the adverse effects on the City of the
Landfill and its expansion. By accepting and executing this Permit, Permittee agrees that the
conditions imposed herein are necessary to fully mitigate the adverse impacts of the Landfill and
its expansion, and Pennittee agrees to comply with each of the conditions set forth herein.
5.) Expansion Fee. Permittee shall pay to the City an expansion fee (Expansion Fee) of $3.33
per ton of MSW disposed of at the Landfill from January 1, 2011 through June 30, 2015 and $5.00
per ton of MSW disposed of at the Landfill from July 1, 2015 through December 31, 2030. sThe
Expansion Fee shall not be paid on MS W that is residue received from any energy and resource
recovery facility with at least 85 percent efficiency or alternative daily cover approved pursuant to
the Permittee's Industrial Solid Waste Management Plan. MSW within this exemption is "Exempt
MSW." All other MSW is "Non-Exempt MSW." The Expansion Fee applies to all Non-Exempt
MSW disposed of at the Landfill. The parties' 2003 Host Community Agreement is rescinded.
The Expansion Fee shall be paid directly to the City on a monthly basis and shall be accompanied
by an accurate report on the amount and type ofNon-Exempt MSW disposed of in the Landfill
each day during the month. The Expansion Fee due for each month shall be received by the City ' \
no later than the thirtieth (30th) calendar day of the succeeding month.
CU_1t-12 RH Paget
The parties agree that the Expansion Fee shall be the only fee chazged by the City for the Non-
Exempt MSW disposal at the Landfill. However, the Landfill shall remain responsible for all
other applicable and customary fees, including building permit fees, zoning application fees, CUP
application fees and cost reimbursement requirements, SWF license fees and cost reimbursement
requirements, utility use fees, platting and subdivision fees, including pazk dedication and other
fees incident to platting and subdivision, real estate taxes, special assessments for public
improvements and all other applicable fees.
Any increase or decrease in the amount of the Expansion Fee must be in writing and must be
executed by Pemuttee and the City.
The Expansion Fee revenues may be used by the City for any lawful public purpose, including
general fund purposes.
The parties agree that the City has statutory authority to impose abatement fees on the Landfill and
has done so in the past. However, that authority maybe subject to legal challenge and is subject to
legislative scrutiny and alteration. Therefore, the City agrees, for so long as Permittee makes
timely payment of the Expansion Fee, to waive its rights to impose such fees and to accept, in lieu
thereof, the Expansion Fee described in this Agreement. If the City shall be required by law to
collect from Permittee an abatement fee or similaz landfill fee in addition to the Expansion Fee,
then the Expansion Fee due and owing to the City shall be reduced by an amount equal to the
amount of such required abatement fee collected by the City.
The Expansion Fee is in lieu of the statutory landfill abatement fee for the disposal ofNon-Exempt
MSW only. All other fees applicable to the Landfill (including building permit fees, zoning
application fees, CUP application fees and cost reimbursement requirements, SWF license fees and
cost reimbursement requirements, utility use fees, planning and subdivision fees, including pazk
dedication and other fees incident to platting and subdivision, real estate taxes, special assessments
for public improvements and all other applicable fees) shall remain in effect and applicable to the
Landfill.
6.) MPCA Permit. Permittee's current MPCA permit, SW-74, authorizes a 68.8-acre
expansion of the Landfill. This Permit will become invalid if Permittee has failed to submit by
April 1, 2012 a MPCA permit amendment consistent with the scope of the expansion approved in
this Permit.
7.) Scope and Conduct of Related Operations.
(Ol) Recycling Center. This Permit authorizes a recycling center on the Landfill Property. The
operation of 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.
CU_ll-12 RH Page 3
(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 Permittee'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,
which will not be unreasonably withheld. Any different operator of the recycling
center must comply with all of the terms and conditions of this Permit.
(d) Permittee shall place appropriate signage on the Landfill Property to direct citizens
to the location of the recycling center.
(e) Used oil recycling azeas shall be within an enclosed building with an impermeable
floor and containment azea, as approved by City staff.
(f) Battery storage shall be within an enclosed building with an impermeable floor and
containment area suitable for battery acid, as approved by City staff.
(g) Battery, paper and oil storage azeas shall be separated to reduce fire potential, as
approved by the City Fire Chief.
(h) Permittee shall have a regulaz schedule for appliance pick-up, to be approved by
City staff.
(02) Yard Waste Composting. This Permit authorizes a yard waste composting operation on the
Landfill Property. The operation of a yazd waste composting facility on the Landfill Property
within the City limits 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 yazd 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 Permittee and approved by City staff.
(c) All plastics shall be removed from yazd waste brought to the facility before
composting.
(d) All MSW must be immediately removed from yard waste and landfilled.
(e) The yazd waste composting facility must be operated in such a manner as to keep
odors to a minimum. If odor becomes a problem, then City staff may require more
CU 11-12 RH Page 4
frequent turning of compost piles and/or watering to ensure that the compost
remains aerobic and breaks down as quickly as possible.
(f) The maximum amount of yazd waste which maybe accepted is 100,000 cubic yards
per year, unless the City Council amends this Permit to provide otherwise.
(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 Pemrit, including specifically, but not limited
to, the operational and environmental monitoring requirements of this Permit and
the requirements to make prompt payment of all fees and costs due to the City. No
yard waste may be accepted at the yazd 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) Methane Gas Plant. This Permit authorizes a second methane gas plant on the Landfill
Property. Development of such a second plant shall be subject to approval by the City Council
through amendment of the City License for the Landfill. Permittee, the City, and Elk River
Municipal Utilities agree to negotiate in good faith with each other regazding the development,
ownership and operation of a second methane gas plant.
(04) Household Hazardous Waste (HHWI Drop-off Facility. This Permit authorizes a HHW
drop-off facility on the Landfill Property. Development of such a facility shall be subject to
approval by the City Council through amendment of the City License for the Landfill. Pernuttee,
the City, and County agree to negotiate in good faith with each other regarding the development,
ownership and operation of such a facility.
(OS) Other Related Operations. Other than government-directed corrective actions, or
environmental enhancements to landfill operations authorized in the City License or an
amendment thereto, no other operations or activities, whether or not related to 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.
8.) Bufferine and Screening. Except for monitoring wells or necessary stormwater
infrastructure in locations specifically approved in the City License,the Landfill and all
infrastructure and activities related to the landfill operations located within the City, including a
200-foot buffer, shall be located within the Landfill Property. Visual screening of the Landfill
(except for the berm along 221` Avenue) shall occur within the 200-foot buffer, which must be
fully vegetated with a variety of types of trees as approved by City Staff. Pemuttee shall submit
for City Staff approval a screening plan for each cell, beginning with Cell 17, prior to the start of
construction on the next cell. Construction of the subsequent cell shall not begin until the
cv_u-1z xx Page 5
screening plan for the prior cell is approved. In addition, a screened berm along 221st Avenue
shall be installed in compliance with the Tiller CUP approved August 15, 2011, in Case No. CU
11-13.
9.) Maximum Elevation. The entire Landfill shall have a final elevation of no more than 1,120
feet above MSL, including final cover.
10.) Closure. Permittee shall permanently stop accepting waste for disposal in the Landfill, and
close landfill operations within the City to the public, no later than December 31, 2030. No waste
shall be disposed of at the Landfill within the City after that date, or when the airspace capacity
permitted in this Permit is reached, whichever occurs first. Closure construction, including the
completion of final cover, shall be completed by December 31, 2031, unless the City approves an
amendment to the City License allowing a later completion date for closure construction for the
northernmost cell of the Landfill. Within six (6) months of a written demand by the City, and in
no event later than the date projected for cessation of waste disposal, Permittee shall submit to the
City for approval an updated Closure and Post-closure Plan for the Landfill. Permittee shall
maintain in full force and effect all financial assurance required to be maintained by City, county,
state and federal law in order to assure completion, closure and post-closure care and maintenance
of the Landfill as required by law.
11.) End Use Plan. Prior to closure of the Landfill, City and Permittee will attempt in good
faith to mutually determine an appropriate end use for the portion of the Landfill within City and
decide whether an end use plan will be required to implement this use. In the interim, Permittee
will establish and maintain sustained vegetative growth and adequate vegetation cover upon the
closure of each phase of the Landfill. This Pennit does not obligate the Pemvttee to apply for or
City to approve of a particulaz end use plan.
12.) Restrictive Covenant. A restrictive covenant shall be placed on those portions of the
Landfill Property which Permittee is acquiring for this expansion, except for those areas that
would become available under the approvals referenced in this Permit for the disposal of MS W.
The restricted azea would consist of the non-disposal azeas including, among other azeas, the buffer
azeas and any sedimentation ponds. The restrictive covenant will prevent the future use of the
subject areas for the disposal of waste under any circumstances.
13.) Public Access to Western Trail. Subject to the appropriate agreements from Township and
County, Pernuttee agrees to allow public access on the trail through the old railroad path on its
property immediately north of the City's limits (in Township), as needed to connect the trail west
of its property in the City to a future path north of the City. In addition, Permittee agrees to work
in good faith with the City regarding a potential future connection between the existing trail on the
old railroad path immediately west of the Landfill Property to existing trails further west, at no
material cost to Permittee. In return, City agrees to issue to Permittee the necessary easement for
the stormwater infrastructure across the trail
14.) Operational Reuirements. Operation of the Landfill shall be governed by the City
License. The requirements of the City License (including any amendment or modifications
thereto) aze hereby incorporated into this Permit as necessary conditions and failure to comply
CU_11a2 RH Page 6
with the conditions and requirements of the City License shall be cause for revocation of this
Permit.
15.) Insurance and Bondine. Permittee shall provide such insurance, including workers
compensation insurance, and bonding as required in the City License.
16.) Applicability of Conditional Use Permit. Except as specifically provided otherwise in this
Permit, this Permit shall apply to the property described on Exhibit A ttached hereto. This Permit
shall run with the real property and apply to Permittee and its successors and assigns.
17.) Permit Period.
(Ol) This Permit shall not become effective until:
(a) Permittee has provided City with written documentation of Permittee's ownership
interest in all of the real property described on Exhibit A, attached hereto;
(b) Permittee has executed this Agreement for Issuance of Amended Conditional Use
Permit; and
(c) Permittee has executed a stipulation for dismissal of the case filed in Sherburne
County District Court, now known as ERL F the Appellants have withdrawn their
appeals to the Minnesota Court of Appeals in the matters known at ERL I, II and N;
and all parties to the ERL I, li, III and IV litigation have executed mutual releases of
all claims arising from that litigation.
(02) Once effective, this Permit shall be in force and effect for so long as the conditions set forth
herein are complied with, unless and until suspended or revoked as provided herein.
(03) Until this Permit becomes effective, the Existing CUP for the Landfill shall remain in
effect and no Landfill activities shall be permitted on any land not covered by the Existing CUP.
The Existing CUP shall automatically terminate on the date that this Permit becomes effective.
18.) Violation of Conditions. If the Permittee or its successors or assigns violates any term or
condition imposed by this Permit, or any solid waste facilities license issued for operation of the
Landfill, this Permit may be revoked and terminated. Without limifing the foregoing, the violation
of any statute, regulation, ordinance, permit or license 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, permit or license condition by any governmental authority other than
the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances,
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.
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19.) Documents Reports, and Mans. Electronic copies of all of Permittee's transmittals to the
MPCA or to the County regarding the Landfill shall also be supplied to the City at the same time.
20.) ChazQes and Fees. Permittee agrees to pay to the City the City's reasonable costs incurred
in the future for administering, enforcing, modifying and amending this Permit, as follows:
(O1) 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
Pemuttee initiated requests such as "co-disposal" approvals, etc.
(03) Permittee and the City agree that, on an annual basis, they will work together to establish
an annual budget reflecting, for the upcoming year, both (A) anticipated renewals, amendments or
proposed amendments to this Permit or to the City License, and other anticipated occasions for the
administration or enforcement of the terms of the Permit or the City License, and (B) the
anticipated costs to the City that would arise from those activities. Pernuttee agrees to maintain an
escrow for the budgeted yeaz based upon that budget. Both the budgeted amount, and the size of
the escrow, aze subject to change based on circumstances that were not anticipated by the parties at
the time of budgeting, including but not limited to the costs of responding to incidents, or
otherwise by agreement of the parties.
21.) 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 of inspection. Pennittee shall promptly notify the City of the name of an
authorized person to be notified and provide access to the Landfill in case of emergency. The City
shall be notified by Permittee immediately upon the occurrence of any explosion, fire, or other
emergency at the Landfill; upon the discovery, release or spill of the hazazdous 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 staff to Pennittee. This letter may
be revised or supplemented by City staff from time to time as necessary to address the City's needs
for notification.
22.) Indemnity. Permittee shall indemnify, defend, and hold the City harmless from all claims,
demands, and/or actions, legal and/or equitable arising from the operation of the Landfill. In the
event that such claim, demand, or action arises from the negligence of the City, then Permittee's
indemnification obligation shall be reduced in proportion to the City's negligence as determined
CU 11-12 RH Page 8
by a trier of fact. Nothing in this provision shall constitute a waiver of defenses or immunities of
Pemuttee or the City, or create any duty to any third party. .
23.) Right to Require Performance. The failure of the City, at any time, to require performance
by Petmittee 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.
24.) Severability. If any provision of this Permit shall be declared void or unenforceable, the
other provisions shall not be affected, but shall remain in full force and effect.
25.) 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.
26.) Conflicts. In any cases in which Pemuttee believes there is an irreconcilable conflict
between the requirements of this Permit and laws, rules, regulations, or order of any other
governmental authority, Permittee shall promptly notify the City of such irreconcilable conflict
and request an amendment of this Permit. Until such time as the City acts upon a request for an
amendment to this Permit, which it may grant or deny in its sole discretion, the terms of this
Pemut shall govern all operations at the Landfill Site and shall prevail over the provisions of any
document submitted by the Permit Holder and any requirements of state for federal law. The City
shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order
to prevent violation of the law.
27.) Modification Suspension, or Revocation of Permit. The violation of any of the terms of
this Permit may result in suspension or revocation hereof. Furthermore, the City specifically
reserves the right, and Permittee agrees, that this Permit may be amended, suspended, or revoked
by the City as reasonably required to protect the public health, safety, welfaze, 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 jeopazdy. Such information includes, but is not limited to the following:
(Ol) A determination that the leachate generated at the Landfill is migrating to surface or ground
waters in a way that threatens the public health, safety, or general welfare (other than as indicated
in the permit application).
(02) A determination that recommended health advisory levels or intervention levels for
drinking water (whether 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 ground waters or surface waters) aze
being violated as a result of Landfill operations (other than as indicated in the permit application).
CU 7]-1? lirr Page 9
(03) A determination that the emission of landfill gas on or adjacent to the Landfill Property is
creating or threatens to create a health or safety hazard to the community.
Without limiting the forgoing, the City reserves the right to amend this Permit to impose upon
Permittee the obligation to comply with any state or federal law or regulation relating to the
operation of sanitary landfills, whether or not said laws or regulations apply by their terms to
preexisting landfills. Suspension, revocation or amendment of this Pemut maybe ordered only
after a public hearing on such suspension, revocation or amendment, preceded by thirty (30) days'
written notice to Permittee. Notice of hearing shall include a statement of the proposed action by
the City and the reasons therefore.
THE CITY OF ELK RIVER:
ATTEST:
By: ~' BY:`~ `~
J J. D' tz Tina Allard
Its: Mayor Its: City Clerk
ELK RIVER LANDFILL, INC.
Mike Fleming
Its: Vice President
~'
CU 11-12RH - Page 10
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this [~ day of <- ~f2-j ~.2Q/~
2011, by John J. Dietz, the Mayor of the City of Elk River, on behalf of the City of E k River.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
v~ '
The foregoing instrument was acknowledged before me this ~ 3ay of ~. f~~ /-1eiL_
2011, by Tina Allard, the City Clerk of the City of Elk River, on behalf of the City of lk River.
Notary Public
W IS(,~1sYd
STATE OF 1vi~A )
~N1~xH1NU~ ) ss.
COUNTY OFD )
The foregoing instrument was acknowledged before me this ~~ day of
C~"(t~°~2- 2011, by Mike Fleming, Vice President, Elk River Landfill, Inc., a
Minnesota corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Gray, Plant, Mooty, Mooty & Bennett
500 IDS Center
80 South 8thStreet
Minneapolis, Minnesota 55402
cv a-12 RH Pagel l
Briggs & Morgan
2200 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
CU tt-12 RH Page 12
EXHIBIT A
That part of the NW '/< of Section 3, Township 33, Range 261ying west of U.S. Highway 169; and
That part of the SW'/a of Section 3, Township 33, Range 26 lying west of U.S. Highway 169 and
north of a line 525 feet south of and pazallel to the north line of said S W %<; and That part of the
NE'/< of Section 4, Township 33, Range 26 lying east of the Great Northern Railway; and That
part of the SE Y< of Section 4, Township 33, Range 26 lying east of the Great Northern Railway
and north of a line 525 feet south of and pazallel to the north line of said SE t/a, Sherburne County,
Minnesota; and
That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, MN
lying south of the South line of the North 525.00 ft. thereof, and lying west of U.S. Highway No.
169; and that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33,
Range 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east
of the former Great Northern Railroad, all lying north of the following described line:
Beginning at the intersection of said South line of the North 525.00 ft. with the West right of way
line of U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said
South line of the North 525.00 ft. of said Southwest Quarter beazs South 89 degrees 47 minutes 13
seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 minutes 00 seconds West, a
distance of 2394.80 ft. to intersect the easterly right of way line of said former Great Northern
Railroad.
EXCEPT that part lying southeasterly of a 285.00 foot radius curve, concave to the northwest, and
tangent to said West right of way line of said U.S. Highway No. 169 and the above described line;
AND EXCEPT that part lying southwesterly of a 280.00 foot radius curve, concave to the
northeast, and tangent to said easterly right of way line of said former Great Northern Railroad and
the above described line.
GP:3036600 v2
CU tt-12xi1 Page i3
PARCEL EXHIBIT B
PARCELS IN SEC 3, 4
CITY OF ELK RIVER
FOR ELK RIVER LANDFILL
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EXHIBIT B
CITY OF ELK RIVER
SOLID WASTE FACILITY
LICENSE AGREEMENT
THIS LICENSE, approved this 19th day of September, 2011, and effective as
provided herein, issued by the CITY OF ELK RIVER, a Minnesota municipal
corporation (the "City"), and accepted and agreed to by ELK RIVER LANDFILL, INC.,
a Minnesota corporation (the "Licensee"), which is a wholly owned subsidiary of Waste
Management, Inc., a Delawaze Corporation.
WHEREAS, Licensee made application to the City in 1988 for the issuance of a
solid waste facilities license, pursuant to the Elk River Code of Ordinances, for the
operation of a mixed municipal solid waste ("MS W") sanitary landfill (the "Landfill") in
the City; ;and
WHEREAS, the City Council duetted the issuance of a solid waste facilities
license (the "Existing License") to Licensee conditioned upon compliance with the
conditions set forth in the October 3, 1988 License Agreement; and
WHEREAS, the Existing License has subsequently been amended and renewed,
with the most recent renewal occurring on February 16, 2010; and
WHEREAS, Licensee applied on June 27, 2011 for an amended solid waste
facility license for the Landfill; and
WHEREAS, the City Council of the City of Elk River has held a hearing on the
proposed amended solid waste facility license, at which hearing all citizens of the City of
Elk River and other interested persons had the opportunity to be heard, following
published notice of the hearing.
NOW, THEREFORE, the City grants to the Licensee, and the Licensee accepts,
an amended solid waste facilifles license (the "Licensee") for the operation of the
Landfill and related activities on the real property described on Exhibit A attached hereto
(the "Landfill Property") subject to the terms, conditions and qualifications hereinafter
stated, to wit:
1.) Sienificant Persons. The person responsible for actual operation and
maintenance of the Landfill, to whom communications concerning this License should be
addressed, is Debra Walters in her capacity as District Manager of Elk River Landfill,
Inc. (ERL), whose address is 22460 Highway 169 NW, Ells River, MN 55330. ERL is a
Minnesota corporation, whose registered address is 22460 Highway 169 NW, Elk River,
MN 55330. ERL, is a subsidiary of Waste Management, a Delawaze corporation, whose
address is 1001 Fannin, Suite 4000, Houston, Texas 77002. The following information
shall be provided to the local fire and police departments as well as the Sheriff:
Debra Walters, District Manager
22460 Highway 169 NW
Elk River, MN 55330
Work: 441-2464, fax: 441-2025
Mobile: (612) 270-2942
Mike Fleming
Vice-President
Waste Management
W132 N10487 Grant Drive
Germantown, WI 63022
(W) (262) 250-8702
Fax (262) 251-0240
2.) Applicability of License. This License shall apply to the property
described on Exhibit A attached hereto.
3 J License Period. This License shall take effect on the date that Licensee's
CUP to expand the Landfill, approved on September 19, 2011, takes effect, and shall be
in force and effect until September 19, 2012, unless eazlier suspended or revoked as
provided herein. This License shall automatically tenninate if Licensee's conditional use
permit to operate the Landfill is revoked.
4.) Scope and Conduct of Landfill Operations. The operation of a solid waste !4
sanitary landfill may be conducted on the Landfill Property in conformance with the
existing and future statutory and regulatory authority and requirements of the City,
Sherburne County (the "County") and the Minnesota Pollution Control Agency (the
"MPCA"), and in accordance with the authorization and limitations contained in this
License and:
(O1) the amended conditional use permit for the Landfill (the "CUP") approved
by the City on September 19, 2011. This License shall be valid only for so long as
the CUP is valid and in effect.
(02) the current MPCA Solid Waste Permit No. 74 (the "State License"), issued to
Licensee. This License shall become invalid if Licensee has failed to submit by
April 1, 2012 an application for amendment to MPCA Solid Waste Pemut No. 74
consistent with the scope of the expansion approved in the CUP.
(03) the current Sherburne County Solid Waste Landfill License (the "County
License")issued to Licensee.
(04) "New Recycling Facility Design Report and Operations Manual", January,
1991.
~../
2
(OS) "MSW Operations Manual", September 1999, revised June 2001, February
2004, as it applies to the Landfill Property described on Exhibit A.
(06) "Household Hazardous Waste Management Plan", June 15, 1992.
(07) NSPS Design Plan, January 2006 and Title V Air Permit, June 22, 2009 as
updated/revised as it applies to the Landfill Properly described on Exhibit A.
(08) "Leachate Recirculation Pemut Application", July 2009 as it applies to the
Landfill Property described on Exhibit A.
(9) Closure, Postclosure and Contingency Action Plan for the MSW Area",
February 2004 asupdate/revised, as it applies to the Landfill Property described
on Exhibit A.
(10) "Stormwater Pollution Prevention Plan", May 2010 or as updated/revised.
(11) "Construction Quality Assurance Program", February 2004, as it applies to
the Landfill Property described on Exhibit A.
(12) "Phase IV Water Quality Monitoring Work Plan" (Revision #3) February
2002 as updated/modified.
(13) "Sampling and Analysis Plan", January 2011 or as updated/modified.
(14) "2010 Annual Report", January 2011 or as updated annually.
(IS) "2010 Water Quality Report", February 2011 or as updated annually.
(16) "Long-Term Development Plan", Mazch 1997, and as revised on
April I5, 1997 to include a maximum fmal elevation of 1120 feet MSL.
(17) "Industrial Solid Waste Management Plan", April 2008, as it applies to the
Landfill Property described on Exhibit A.
Any changes made to the above described plans, reports, MPCA Solid Waste
Permit No. 74 and for the County License shall also be reviewed and approved,
approved with modification, or disapproved by the City. Minor modifications
shall be reviewed by City staff. Major modifications shall be reviewed by the
City Council. The City may not unreasonably disapprove or unreasonably require
modifications. 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
MPCA time lines for review and comment for concurrent submittals.
5.) Scope and Conduct of Related Operations.
(Ol) Recyclin~ 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 or 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 Licensee 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 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.
(e) Used oil recycling azeas shall be within an enclosed building with
an impermeable floor and containment azea, as approved by staff.
(f) 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 azeas shall be sepazated 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 Staff.
(02) Yazd Waste Compostin¢. The operation of a yard waste composting
facility on the Landfill Property within the City limits maybe 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 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.
(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 quickly as possible.
(f) The maximum amount of yard waste which maybe accepted is
100,000 cubic yazds 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
standazds 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 yard waste may be
accepted at the yard waste composting facility if this condition is
not complied with. Licensee must immediately stop accepting
yazd waste upon written notice from the City that there is a
violation of this condition.
(03) Methane Gas Plant. Upon an application from the Licensee, this License
may be amended by the City to provide for the development and operation of a
second methane gas plant on the Landfill Property.
(04) Household Hazardous Waste (HHW) Drop-Off Facility. Upon an
application from the Licensee, this License maybe amended by the City to
provide for the development and operation of a HHW drop facility on the Landfill
Property.
(OS) Other Related Operations. Other than currently-existing operations and
future government-directed corrective actions on the Landfill Property, 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.
No Landfill-related operations or activities shall occur outside of the Landfill
Property, other than the monitoring wells and surface water management
infrastructure identified on Exhibit B, attached hereto.
6.) ChazQes and Fees.
(O1) Expansion Fee. License shall pay the City the Expansion Fee as provided
far in the CUP approved on September 19, 2011.
(02) Annual Fee. License agreesto pay the City upon the amendment and
renewal of this License, $2,000. Thereafter, Licensee shall pay the City an annual
License Fee of $2,000.
(03) Chaz~es. Licensee agrees to pay to the City the City's reasonable costs for
administering, enforcing, modifying and amending this License as follows:
(a) Licensee shall pay one hundred percent (100%) of the City's costs
for processing renewals, amendments or proposed amendments to
this License;
(b) Licensee shall pay one hundred percent (100%) of the City's costs
for administering and enforcing the terms of this License,
including costs for reviewing Licensee's compliance with the
terms and conditions of this License, costs for bringing Licensee
into compliance with the terms and conditions of this License
(including legal costs); and City costs incurred for review of
Licensee initiated requests such as "co-disposal" approvals, etc.
(c) Licensee and the City agree that, on an annual basis, they will
work together to establish an annual budget reflecting, for the
upcoming year, both (A) anticipated renewals, amendments or
proposed amendments to Licensee's Conditional Use Permit
("CUP") or to this License, and other anticipated occasions for the
administration or enforcement of the terms of the CUP or this
License, and (B) the anticipated costs to the City that would arise
from those activities. Licensee agrees to maintain an escrow for
the budgeted yeaz based upon that budget. Both the budgeted
amount, and the size of the escrow, aze subject to change based on
circumstances that were not anticipated by the parties at the time of
budgeting, including but not limited to the costs of responding to
incidents, or otherwise by agreement of the parties.
7.) Buffering and Screening. Licensee shall provide buffering and screening
as required by the CUP approved on September 19, 2011.
8.) Closure and End Use Plan. Prior to closure of the Landfill, City and
Licensee will attempt in good faith to mutually determine an appropriate end use
for the portion of the Landfill within City and decide whether an end use plan will
be required to implement this use. Tn the interim, Licensee will establish and
maintain sustained vegetative growth and adequate vegetation cover upon the
closure of each phase of the Landfill. This Permit does not obligate the Licensee
to apply for or City to approve of a particulaz end use plan.
9.) Specific Additional Requirements.
(O1) Leachate and LFG Condensate Transmission Pioes. Leachate and LFG
condensate transmission pipes shall be designed to ensure that double
containment and adequate leak detection exists as approved by the MPCA,
County and City. Licensee shall verify to the City every four (4) years that the
existing Leachate transmission pipes do not leak.
(02) Backup Leachate Pumns. Licensee shall maintain backup pumps for use in
the event of pump failure at the Leachate sump, wet well and/or Leachate storage
tank on-site. As an alternative, the licensee shall maintain provisions for restoring
temporary Leachate pumping within a 24-hour period and adhere to the current
"Leachate Management Plan" as approved by MPCA.
(03) Leachate Holdin¢ Tank. Licensee shall ensure that the Leachate holding
tank is pumped out on a regulaz schedule. It is 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) Leachate Recirculation. The Licensee may conduct Leachate
Recirculation pursuant to MPCA, County and City regulations. In the event that
operational problems occur from the Leachate recirculation, the Licensee shall
immediately cease Leachate recirculation and revert to prior method of Leachate
management unless and until another remedy for the problem is approved by the
City. Leachate recirculation will greatly increase the amount of landfill gas that _
will be generated from the landfill. The primary concerns relate to landfill gas
collection and the prevention of fugitive gas emissions and odors.
(a) Temporary final cover is proposed as an element of the September
2008 "Leachate Recirculation Permit Application" proposal. ERL
has committed to implementing temporary final cover and will
provide a summary of related activities in the annual operating
report. ~
(b) ERL has proposed that the leachate cleanout risers will be
perforated along a portion of the sideslope. ERL has committed to
conduct active extraction from cleanout risers.
(c) There have been a number of leachate seeps which have occurred
in recent years. Documentation on the precise location of seeps
has not been developed. This information is critical in potential
problem resolution during later stages of landfill operation. The
documentation of the seeps must include an approximate
coordinate position with an elevation. This would also enable a
more useful evaluation of the potential relationship with the
leachate recirculation system.
(d) Leachate head shall not exceed a maximum of 12 inches for any
area of the liner. The Landfill shall monitor leachate head levels
weekly and submit results to the City annually.
(OS) Gas Collection and Monitorin¢ System. Licensee shall conduct active
landfill gas collection in accordance with approved plans and shall construct
additional phases of the active gas control system during site operation and at the
time of fmal cover construction. Optimal gas collection system design and
operation is necessary to control and reduce the impact of odors from the Site.
(a) Operation of the Active Gas Collection System shall be managed
to mitigate landfill gas migation and ongoing ground water
contamination from the unlined portion of the Landfill.
(b) ERL shall provide additional design features to reduce the
potential of fugitive emissions in the vicinity of landfill liner
transition berm;
(c) ERL has proposed that the leachate cleanout risers will be
perforated along a portion of the sideslope. ERL has committed to
conducting active extraction from cleanout risers.
(d) Significant positive pressure readings for gas probes have been
indicated over the past several years. This condition may indicate
landfill gas migration beyond the waste boundaries. In order to
fully evaluate this situation, the landfill must collect and report
landfill gas concentration and pressure for each probe where
detectable levels of landfill gas aze present. The landfill must also
collect temperature and bazometric pressure for the site at the time
of the monitoring event. All gas probe monitoring data must be
fully evaluated in the annual operating report.
(e) The current air monitoring for landfill gas emissions field survey is
only conducted for the topslope area and accounts for roughly 20
percent of the fill azea. There is a higher likelihood that emissions
will occur on the sideslope based on the horizontal stratification of
the waste and preferred movement of landfill gas. ERL must
submit a modified Ambient Air Monitoring Plan to include
sideslope and topslope azeas that can be safely traversed at the time
of the monitoring event.
If concentrations exceed 500 ppm explosive gas (calibrated to
methane), corrective actions are required to amend the landfill
cover to mitigate fugitive emissions. This requirement is important
in identifying fugitive gas emissions/odors and ensuring that site
conditions are corrected to mitigate their effects.
(06) Phase IV Water Quality Monitoring Work Plan. The Phase IV Water
Quality Monitoring Work Plan which describes the sampling frequency,
pazameters, protocols and reporting frequency for landfill gas, leachate, leachate
piezometers, leachate lysimeters, residential wells, groundwater monitoring wells
and surface water shall be assessed annually to reflect changes in the monitoring
systems. The Work Plan shall yield adequate information for assessing the
effectiveness of the landfill gas control system in decreasing V OC contaminants
in the groundwater.
(07) Annual O eratin Re ort. An Annual Operating Report shall be submitted
with the following supplemental items.
(a) Annual Waste Disposal Volume.
(b) Schedule of construction activities for the forthcoming year.
(c) Type andQuantity f Material Disposed.
(d) Remaining permitted capacity
(e) Updated, full-size, contour map which indicates the elevations of
all fill areas
(f) Assessment of the Financial Assurances Plan.
(g) Evaluation of the Water Monitoring System and a proposal for
continued sampling and analysis.
(h) Detailed evaluation of all water quality results by means oftables - ,2
and graphs. t
(i) A groundwater contour map based on the previous years'
groundwater level data.
(j) Annually assess the effectiveness of active landfill gas control
operations based on the results of groundwater and landfill gas
monitoring and incorporate the evaluation in the MPCA Annual
Report for the landfill.
(k) The Annual Operating Report must include afull-sized
engineering plan to fully illustrate all facility features reviewed in
the annual report (landfill gas probes, monitoring wells, gas
collection infrastructure, leachate recirculation infrastructure, etc).
The Plan must identify permitted and remaining volumes
(1) The Annual Operating Report typically includes information
concerning the pressure jetting of the leachate collection system.
ERL must provide a discussion of any major maintenance
activities or corrective actions performed in the Annual Report.
r
(m) ERL must provide a list of rejected waste loads and summary with \ `!,}
the Annual Operating Report. A summary and analysis of random
load inspections (as provided in section 4.2.1. of the Apri12008
Industrial Solid Waste Management Plan) must be provided with
the Annual Operating Report.
(08) Construction Quality Assurance The Construction Quality Assurance
Program shall be amended to document compliance with MNDOT 3877.2B
standazds for sampling and testing of topsoil.
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 Landfill azeas which receive final cover. A CQA
report shall also be submitted for installation of leachate recirculation drainfield
areas to document position within the cell, suitable base contours and piping
elevations. The report shall demonstrate that the work was completed to the plan
specifications. The Report shall be 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; ( ,
~~.J
10
(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;
(i) All physical testing results for soils and other materials used in the
construction
ERL must prepare detailed record drawings/documents of recirculation
drainfield construction, which aze certified by an engineer. The drawings will
include survey measurements of the drainfield aeeas to document position within
the cell, suitable base contours and piping elevations. All construction must be
fully documented.
(9) Barrier Laver Construction Notification. 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 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.
(10) Tem~orary Fencing-On Site Litter Control. Litter control fences shall be
maintained azound the working azea(s) of the landfill to prevent the blowing of
paper or other litter on or off site. 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.
(11) Permanent Fencing. Licensee shall maintain a minimum six-foot high
fence azound the perimeter of the Landfill property to address reasonable
concerns regarding public safety, trespassing or uncontrolled dumping.
(12) Sanitary Facilities. Adequate sanitary facilities and shelter shall be
provided for site personnel.
11
(13) Electrical Service. Adequate electrical service shall be provided at the site ~ ,
for operations and repairs.
(14) 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 of the City
Fire Chief to consult and advise the fire department about landfill fire fighting
issues.
(15) Safe E ui ment. 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.
(16) Water. A potable water supply shall be available for site personnel.
(17) Stora¢e. Adequate on-site shelter shall be provided for maintenance and
storage sufficient to supply the equipment required by this section, during cold
weather operations.
(18) Vehicle Stackine 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.
(19) Communication. Adequate communication facilities shall be provided for
emergency purposes.
(20) Securi .Agate shall be provided at the entrance to the site and kept
locked when an attendant is not on duty.
(21) Haul Roads. All-weather haul roads shall be provided to the unloading
azea and maintained to prevent the occurrence of fugitive dust conditions.
(22) 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.
(23) Information Displav. Subject to approval by the City Council, the
Licensee shall 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 a description in common terms of the substances which may be
12
disposed at the Landfill and those substances which may not be accepted for
disposal and the penalties for nonconforming dumping.
(24) Small-Load DumrJin¢ Site. The Licensee shall, during all hours of
operation, maintain and operate a sepazate suitable and safe disposal area for the
dumping of small loads by pickup trucks, cazs, and trailers. This separate site shall
be located and operated with due regazd for the nature of the vehicles bringing
such loads, and the normal frequency of such dumping.
(25) Oak Wilt Prevention. As a method to prevent oak wilt, Licensee shall not
conduct any tree removal operations at the Landfill Property between April 15
and July 15 each year. In addition, oak stumps shall be removed prior to April 15
each yeaz. When removing trees and stumps, Licensee shall prevent damage to
remaining trees.
(26) Alternative Cover. "Alternative Cover" shall be defined as any suitable
clean cover material other than Clean Earth Fill. Alternative intermittent and
intermediate cover material maybe used if such cover material is suitable for
compaction, capable of supporting vegetation, and meets MPCA standards set
forth in MN Rule 7035.2815, subpart 6, and Elk River Landfill's Industrial Waste
Management Plan.
(27) Detailed Eneineerin¢ Plans for Site Construction. Detailed engineering
plans and specification for construction of liner, fmal cover, surface water, landfill
gas features, leachate management and other significant site
improvements/infrastructure shall be provided to the City prior to initiating the
work. Proposed modifications to the approved plans shall be identified by the
Licensee in a detailed narrative and approved by the City prior to initiating work.
(a) Prior to construction approval of the final development of the site
(ce1120), ERL shall provide an appropriate earthwork balance for
construction and operation such that the amount of fill imported
into the site is minimized to the extent possible.
(b) ERL must provide details which show the transition from the
buried pipe to the ground surface at the edge of the liner system
and frost protection in azeas where the depth of burial for leachate
forcemain piping is less than standazd.
(c) The mining access road within the west buffer area and cells 18, 19
and 20 shall be constructed with the alignment shown in the
August 18, 2011 plans. The Screening Plan for the Site will be
modified to show screening for azeas within the west buffer azea
for the existing Cell 17. Appropriate erosion control protection
shall be provided for all buffer area slopes.
13
(g) The current storm water plans need to be amended to include
provisions for erosion control in perimeter surface water channels. l
Rip rap and/or erosion control matting must to be added based on
potential flow velocities for design storm events. Future
construction plans will reflect the additional provisions for erosion
control.
(h) The surface water management system involves the construction of
a storm sewer from the outlet of sedimentation pond, P-1 northerly
to the Rice Lake wetland complex. A significant section of the
storm will be constructed under the City-owned trail property. The
applicant will be granted an easement from the City for this
construction pursuant to the terms of the conditional use permit
approved September 19, 2011, in the general location shown in
Exhibit B.
10.) Off-Site Litter Control. The Licensee shall engage in a regulaz and routine
litter maintenance and removal program extending one mile north and south of the
entrance to the Landfill and to any other azeas 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, and ensure that
these azeas aze kept free of litter generated by truck traffic traveling to and from
the Landfill. In addition, Licensee shall inspect all trucks leaving the Landfill to
ensure that they aze 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 thirty (30) days of the date of such billing.
11). General Performance Standards. The Licensee shall comply with the
following performance standazds and operating requirements:
(Ol) Hazazdous Wastes Prohibited. No Hazazdous Wastes shall be disposed of
in the Landfill.
(02) Dangerous Wastes. No Dangerous Wastes (as defined in the Code of
Ordinances for the City of Ells 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 from
receipt of the request as appropriate. If a request to dispose of dangerous wastes is
rejected by the City Environmental 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
14
wastes by submitting to the City, for each waste, a statement identifying the waste
type, generator name and address, volume, method of chemical analysis, chemical
consfituents, 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:
(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 Ells
River to allow disposal of 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 standazds and environmental
monitoring requirements of Sections 4, 6, 7, and 8; and the
requirements in Sections 17 and 25, to make prompt payment of all
fees due the City.
Licensee's "Industrial Solid Waste Management Plan", April 2008 or as
updatedlrevised shall be complied with in all respects, subject to specific
requirements of this License, and may not be modified or amended without the
City's prior written approval.
(03) Incorporation of State Standards. The Landfill 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. Changes or additions to the Minnesota Rules related to
the Landfill aze likewise incorporated.
(04) Compliance With Zoning Ordinance Performance Standazds. The
operation of the Landfill shall fully comply with the performance standazds and
other requirements of Chapter 30 of the Elk River City Code, including
specifically Division 5, Subdivision V thereof relating to performance standards
for industrial uses.
(OS) S~ervision. 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) OneratinQ Records. Accurate records of daily waste disposal operations
shall be maintained. Intake of Solid Waste in tons or cubic yards shall be recorded
15
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 Expansion Fees required by Section 5 of
the CUP approved September 19, 2011. 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) Recordin¢. 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 location of
phased or staged disposal of wastes, the type and number of lifts, original and
final terrain descriptions, site hydrogeologic conditions, and other pertinent
characteristics of the completed sanitary landfill site.
(08) Education Program. 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 training program shall
be reviewed with City staff and 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 accept waste during off hours only under the
following circumstances:
(a) The wastes have been tested and approved for disposal;
(b) Acceptance is necessary during off hours because of extraordinary
circumstances;
(c) Each instance of off hour acceptance has received the prior
approval of the City Environmental Administrator and such
approval was granted during City business hours; and
(d) Each instance of off hour acceptance is documented in a letter sent
by the Landfill to the City Environmental Administrator within
five business days of the instance off hour acceptance.
12.) Environmental Monitorin¢.
16
(O1) On-site Groundwater. The Licensee shall perform on-site water quality
testing at the monitoring wells in the manner required by the MPCA permit. The
wells shall meet current Department of Health Well Code Standazds. The Water
Quality report shall be submitted to the City when it is submitted to the MPCA.
Groundwater levels for well P310C have consistently shown elevations
which are 3-5 feet higher than expected. The groundwater flow interpretations
show radial flow from the well. The groundwater flow interpretation indicates
ongoing anomalous water level conditions at P310C. This implies a localized
radial flow or perched groundwater condition and the well screen is not
intercepting groundwater which is downgradient from the waste fill area. Given
the current water level data and groundwater flow interpretation, this well cannot
function as a downgradient compliance point. ERL must rehabilitate well P310C
or replace it with a suitable downgradient monitoring point in this vicinity.
(02) Surface Water Quality. The Licensee shall have surface water quality tests
performed in conjunction with sampling quarterly events when water is present.
(03) Off-Site Groundwater Oualitv. The Licensee shall annually sample the
individual private wells identified in the Phase IV Water Quality Monitoring
Work Plan required by Section 4(05).
(04) Lysimeters. The sampling and contingency action protocols for liner leaks
shall be as outlined in the Phase IV Water Quality Monitoring Work Plan,
revision #3 dated February 2003 as updated/revised.
(OS) Modification. The testing programs specified in this Section 12 may be
modified by City staff if City staff reasonably determines there exists a need for
additional wells to be tested or additional pazameters to be analyzed, based upon
water or air quality test results indicating the presence of contamination.
(06) Split Samples. 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.
13.) HvdroQeoloeic Investigation. 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. Licensee shall notify City at least two (2) days in
advance of any soil boring or well construction required by this License.
ERL has concluded that P304C area impacts aze the result of landfill gas
effects. This situation is similaz to P-320 azea where contaminants are observed
17
in deeper horizons of the outwash deposit. As previously noted the P304C well is
screened 40-50 below the groundwater surface and located more than 500 feet
from an unlined area of the landfill. Landfill gas effects aze more common for
water table wells in proximity to unlined landfill azeas. The results for gas probe,
GP-17 which is located directly adjacent to P304C, show no detectable levels of
methane for monitoring conducted in recent years. Tetrahydrofuran and ethyl
ether, which are signature parameters for leachate impacts for PC17C, show
increasing trends. The evidence for P304C indicates that leachate impacts are
also occurring.
P314C is located in a sidegradient orientation to P304C and the source
area for groundwater at P314C may involve more extensive contamination. The
screen position for neazby well P303C is roughly 20 feet in elevation above the
screen elevation for P314C and may be missing potential contamination in the
deeper portion of the outwash at this location. ERL must conduct additional
contaminant investigation and monitoring in the vicinity of P304C, P320 and an
azea southeast of P314C. This approach is supported with emphasis on evaluating
the deeper outwash.
14.) .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
Environmental Administrator. Dust pollutives shall be utilized to the extent (,,
necessary on cover material such as stockpiles 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 may not be exceeded
by the Landfill operation, equipment, vehicles, or machinery.
Licensee agrees that it will use best management practices to control against
odors. The Environmental Administrator may make recommendations regarding
possible odor controls. If a verified odor problem is ongoing, both parties agree
to institute good faith negotiations to minimize the odor problem. If in the event
that the City receives ten or more complaints within asix-hour period relating to a
single odor description and this odor complaint has been verified by both City and
Licensee and identified as coming from the Facility, the Licensee shall cease such
activity(s) that are the direct cause of the odor(s). Normal activity(s) shall not
18
resume until the Licensee has, to the satisfaction of the City, fully mitigated
against such odor(s).
15.) Insurance. The Licensee 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 Licensee, 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 Licensee 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 coverage shall be provided in amounts
not less than those specified:
(O1) Public liability, general liability, loading and unloading,
(completed operations, explosion, collapse, underground operations],
personal injury, and property damage with the following minimum limits:
(a) One Million Dollars ($1,000,000) per claimant.
(b) One Million Dollazs ($1,000,000) per occurrence.
(c) One Million Dollars ($1,000,000) annual aggregate.
(02) Automobile and truck public liability, personal injury, and property
damage, including owned and non-owned vehicles with a One Million
Dollazs ($1,000,000) minimum limit.
(03) The City may require additional insurance be provided by Licensee
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 aze not reasonably and
economically available. For the purposes of this subsection "economically
practicable," "reasonably" and "economically available" shall be
determined by the insurance coverage affected by the Minnesota Joint
Underwriters Association or the readily available private insurance
mazket.
16.) Bonding.
(O1) The Licensee shall furnish a surety bond in favor of the City in the
amount of Three Hundred Thousand Dollars ($300,000) to run
continuously (annual renewal allowed) until all landfill operations and
closure activities aze 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
19
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' r
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 chazges that may occur to the City because of
any default by the 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 and 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, banlauptcy, 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 subpazagraph (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 home by the
Licensee, or, in default thereof, by its surety.
17.) 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 ternunation 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
waive or excuse compliance with existing permit or license conditions.
20
18.) Documents Reports, and Maps. Electronic copies of Licensee's
transmittals to the MPCA or to Sherburne County regarding the Landfill shall
also be supplied to the City, at the same time.
19.) On-Site Ins 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 notify personnel at the landfill office at the time of inspection. In case of
emergency, the City will call Debra Walters to gain entry and provide notice of
the situation. Licensee shall promptly notify 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. This letter may be revised or supplemented by City staff
from time to time as necessary to address the City's needs for notification.
20.) Indemnity. The Licensee shall indemnify, defend, and hold the City
harmless from all claims, demands, and/or actions legal and/or equitable azising
from the operations on the Landfill Property. In the event that such claim,
demand, or action arises from the negligence of the City, then Licensee's
indemnification obligation shall be reduced in proportion to the City's negligence
as determined by a trier of fact. Nothing in this provision shall constitute a
waiver of defenses or immunities of Licensee or the City, or create any duty to
any third parry.
21.) Worker's 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-insure for the above.
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.
23.) Severability. If any provision of this License shall be declazed void or
unenforceable, the other provisions shall not be affected, but shall remain in full
force and effect.
21
24.) Amendment. This License shall not be considered modified, altered, ;
changed, or amended in any respect unless approved by the City Council as l
required by City Ordinance.
25.) Transferability. Transfer of this License to any entity not a wholly owned
subsidiary of Licensee or Waste Management, Inc. shall require approval of the
City.
26.) Conflicts. In any cases in which the Licensee believes there is an
irreconcilable conflict between the requirements of this License and the laws,
rules, regulations, or order of any other governmental authority, the Licensee
shall promptly notify the City of such irreconcilable conflict 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. Violation of any term
of this License may result in suspension or revocation hereof. Furthermore, the
City specifically reserves the right, 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 welfae. 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:
(Ol) 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 deternnation 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 Department of
Health, the Minnesota Pollution Control Agency, or any other
governmental agency promulgating standazds for toxic wastes,
hazazdous wastes, pollutants, or contaminants in groundwaters or
surface waters) are being violated as a result of landfill operations.
~.J
22
(03) A determination that the emission of landfill gas on the
Landfill Site is creating or threatens to create a safety hazazd to the
community.
Without limiting the foregoing, the City reserves the 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 operation of sanitary
landfills, whether or not said laws or regulations apply by their terms to
preexisting landfills. Suspension, revocation, or amendment of this
License maybe 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.
23
ATTEST:
~.
Tina Allard
City Clerk
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE )
THE CITY OF ELK RIVER:
By:
John .Die
Its: Mayor
Accepted and agreed to by:
ELK RIVER LANDFILL, INC.
Michael Fleming
Its: Vice President
~-
The ~f.,onre~going instrument was acknowledged before me this ~~y of
/~ 2011, by John J. Dietz, the Mayor of the City of Elk River, on behalf
o the City of Elk River.
~~~~~--~
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this `~Tc ay of
~X~l 1, by Tina Allazd, the City Clerk of the City of Elk River, on behalf of
e City of Elk River.
~~
Notazy Pub is
~`w,
24
W I'~:or~i~
STATE OF Ic~A )
W¢~N1~`~ ) ss.
COUNTY OF Ste)
The foregoing instrument was acknowledged before me this ~ °day of
_0 ~~~~~ , 2011, by Michael Fleming, Vice President, Elk River Landfill,
Inc., a Minnesota corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Gray, Plant, Mooty, Mooty & Bennett
500 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
Briggs & Morgan
2200 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
GP:3039208 v2
25
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION is made this 19thday of seotember , 2011, by
Elk River Landfill, Inc,.a wholly-owned sub- ("Declazant").
sidiary of Waste Management, Inc. (Wffi) and the owner and operator
RECITALS: of Elk River Landfill (Landfi
A. Declazant is the owner of a parcel of real property legally described on attached
Exhibit A, situated in the City of Elk River, Sherburne County, Minnesota (the "Property");
B. For good and valuable consideration, the adequacy and receipt of which aze
hereby acknowledged by Declazant, Declarant desires to place certain restrictions on the use of
the Property as described in this Declazation; and
C. It is the intent of this Declazation of Restrictive Covenant to restrict usage of the
Property as provided herein for the period of time provided herein.
NOW, THEREFORE, Declarant makes the following declaration:
DECLARATION
1. Restrictive Covenant. For a period of forty (40) yeazs from the date hereof and
except as otherwise provided herein, no owner or occupant of the Property may use all or any
portion of the Property for the deposit of waste, including, but not limited to, Solid Waste, under
any circumstances.
2. Leval Effect. The restrictive covenant set forth in paragraph 1:
A. is a covenant Homing with the land;
B. binds Declazant and every other owner and occupant of all or any
portion of the Property for a period of forty (40) yeazs from the date hereof; and
C inures to the benefit of the City of Ells River, its successors and
assigns, and to the benefit of the owners of all properties located within one (1)
mile of the Property, and to their successors, grantees and assigns.
D. Upon the conveyance of all or any part of the fee title to the
Property, each and every grantee, by accepting such conveyance, will thereby be
bound by this Declaration.
EXHIBIT A
Legal Description of the Property
GP:3041147 vl
\,.
EXHIBIT A
That part of the NW '/ of Section 3, Township 33, Range 261ying west of U.S. Highway 169; and
That part of the SW '/ of Section 3, Township 33, Range 261ying west of U.S. Highway 169 and
north of a line 525 feet south of and parallel to the north line of said SW '/; and That part of the
NE '/< of Section 4, Township 33, Range 261ying east of the Great Northern Railway; and That
part of the SE '/ of Section 4, Township 33, Range 261ying east of the Great Northern Railway
and north of a line 525 feet south of and pazallel to the north line of said SE '/, Sherburne County,
Minnesota; and
That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, MN
lying south of the South line of the North 525.00 ft. thereof, and lying west of U.S. Highway No.
169; and that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33,
Range 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east
of the former Great Northern Railroad, all lying north of the following described line:
Beginning at the intersection of said South line of the North 525.00 ft. with the West right of way
line of U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said
South line of the North 525.00 ft. of said Southwest Quarter bears South 89 degrees 47 minutes 13
seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 minutes 00 seconds West, a
distance of 2394.80 ft. to intersect the easterly right of way line of said former Great Northern
Railroad.
EXCEPT that part lying southeasterly of a 285.00 foot radius curve, concave to the northwest, and
tangent to said West right of way line of said U.S. Highway No. 169 and the above described line;
AND EXCEPT that part lying southwesterly of a 280.00 foot radius curve, concave to the
northeast, and tangent to said easterly right of way line of said former Great Northern Railroad and
the above described line.
GP:3036600 v2
C[I 11-12RH Page 13
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