6.1. SR 07-20-1998City of
ITEM 6.1.
Memorandum
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING
& ZONING ADMINISTRATOR
DATE:
JULY 20, 1998 "~
SUBJECT:
REVISION TO SOLID WASTE
FACILTY BY ELK RIVER
LANDFILL, INC. CU 98-17
REQUEST
The Elk River Landfill is proposing to construct a new demolition debris cell at their
facility. This proposal triggers a revision to the landfill's conditional use permit and solid
waste facility license with the City of Elk River.
The new demolition debris cell is proposed to be 24 acres in size. Approximately 18
acres of this new cell are proposed to be located on top of the solid waste in the original
cell of the landfill, which is located within the Elk River city limits. A little more than 6
acres of the requested demolition cell will be new landfill area that extends into Livonia
Township as well as Elk River.
In addition to the new demolition cell, the required two year renewal of the Landfill's
conditional use permit and solid waste facility license is also under consideration at this
time. House keeping item, such as a new site manager at the landfill, will be addressed.
The demolition debris cell request also requires revisions to the Minnesota Pollution
Control Agency's (MPCA) and Sherbume County's permits for the Elk River Landfill.
The City of Elk River, Sherburne County and MPCA cooperated on the review of the
Landfill's request.
Attachments
Vicinity map showing the location of the Elk River Landfill
· The following selected drawings from the plans submitted by Elk River Landfill
dated, April, 1998 (revised 6/98):
Sheet #3 - the bold contours indicate the base grades required for the new
areas that will be used for disposal.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Sheet #4 - shows the proposed finished contours of the entire demolition cell;
new areas and areas previously used for disposal. The maximum height of
disposal at the landfill is not proposed to be increased.
Sheet #7 - shows a typical cross section for the disposal of demolition debris
over the new expansion areas.
Sheet #8 - shows the disposal of demolition debris over existing solid waste.
Sheet #9 - shows the construction details of the liner under the expansion
areas and the final cover over the entire demolition cell.
· Joint comment letter from MPCA, Sherburne County, and the City of Elk River
dated, June 8, 1998.
· Letter from Debra McDonald of USA Waste dated, June 17, 1998.
A memorandum from Matt Ledvina of B.A. Liesch dated, June 18, 1998, containing
suggested changes to the landfill's current conditional use permit and solid waste
facility license.
· A revised conditional use permit and solid waste license for the landfill.
Issues and Concerns
Attached to this memo is a joint letter from MPCA, Sherburne County, and the City of
Elk River, dated June 8, 1998, outlining staff's issues and concerns with the landfill's
proposal. None of the government agencies listed take issue with what the landfill is
requesting, but rather how it is designed. The new area of the landfill that is proposed to
expand into Livonia Township is planned to have a liner underneath. This liner will add
some benefits as far as the collection of landfill gas in this area.
The concerns with the proposal mostly revolve around the disposal of demolition debris
on top of the mix municipal solid waste in the original cell at the landfill. This cell is
unlined and has contamination associated with it that is undergoing remediation.
In the attached letter from Debra McDonald of USA Waste, dated June 17, 1998, Ms.
McDonald indicates that the plans and specifications for the proposes demolition cell will
be revised to incorporate staff's recommended changes. These revised plans have been
reviewed and determined to be acceptable.
The attached memorandum from Matt Ledvina of B.A. Liesch, the city's landfill
consultants, lists other recommended changes that are needed to bring the landfill's
current conditional use permit and solid waste license up to date. These changes are
minor in nature and have been incorporated into these documents.
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Recommendation
The property in Elk River proposed for the landfill's new demolition cell is already zoned
Solid Waste Overlay District (SWOD) and is mostly devoted to landfilling at this time.
Proper design of this proposed cell can reasonably address associated environmental
concerns. The Planning Commission recommended approval of the landfill's request for
a new demolition cell under the stipulations listed in the joint letter from MPCA,
Sherburne County and the City of Elk River dated, June 8, 1998. These stipulations have
been addressed in the landfill's revised plans and referenced in the attached permits from
the city. However, there are still a couple of details regarding the revised drawings that
need to be addressed. Staff will attempt to have these details worked out prior to the
Council meeting.
Further, the Planning Commission recommended that the proposed revisions listed in
Matt Ledvina's letter dated, June 18, 1998 be incorporated into the landfill's conditional
use permit and solid waste facility license. These attached documents reflect Mr.
Ledvina's comments. The landfill's conditional use permit and solid waste license will
receive an automatic review for renewal with public hearing in two years from the date
the City Council acts on this current request (tentatively July 20, 2000).
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Minnesota Pollution
Control Agency
June 8, 1998
Debra McDonald
USA Waste Services, Inc.
825 East 2nd Street
Blue Earth, MN 56013
RE: Elk River Landfill, Application for Permit Modification
Dear Ms. McDonald:
The following comments are a summary of the concerns and requirements from the Minnesota
Pollution Control Agency (MPCA), Sherburne County and the City of Elk River regarding your
Application for Permit Modification, dated April 1998.
1. The final cover system shall be designed according the municipal solid waste (MSW) standards.
It is noted that the liner and leachate collection system for the proposed demolition cell does not
meet design and construction standards for MSW and/or industrial waste disposal sites. As a result,
only demolition debris and new construction debris will be allowed for disposal in the proposed
area. See Attachment A for definitions of allowable waste materials.
o
A liner system shall be required for the demolition debris horizontal expansion area and shall be
required to have a minimum six inches of clay and a 40 mil flexible membrane liner. The clay shall
have a maximum permeability of 104 crrdsec. See Attachment B for QA/QC requirements for liner
construction.
4. The 906,300 cubic yards of air space capacity proposed for the proposed development shall be
counted as a portion of the 4,926,200 cubic yards of"reserve capacity" for the site.
The plan sheets shall be revised to show the development of the site in two-year phases.
Development plans shall indicate the sequence of filling for each phase, access to the working face
and placement of final cover. The engineering report shall be revised to include a narrative to
describe how each development phase will be filled, how surface water will be managed and how
vehicle access will be provided.
The plan sheets and engineering report shall be revised to provide vehicle access for operation and
maintenance of the new leachate management facilities, existing and future landfill gas (LFG)
extraction system components and maintenance of final cover.
7. The post-closure operation and maintenance period for the proposed development shall be
modified to cover 30 years.
' Page 2
June 8, 1998
o
The engineering report shall be modified to include procedures which will be used to protect ihe
barrier layer underlying the demolition debris during filling operations considering the physical
characteristics of the waste material.
9. The plan sheets and engineering report shall be modified to indicate the management of LFG
condensate in a manner consistent with that of MSW leachate.
10.
The surface water management plan shall be modified to tie into existing and future surface water
control features for closed portions of the west slope. Surface water ponding areas within the fill
area shall be eliminated. The design of surface water control structures shall be modified t9 provide
a continuous final cover system.
11.
The proposed leachate management system shall be modified to eliminate potential problems with
operation and maintenance. Specifically, the ieachate sump area and force main shall be designed
to provide frost protection.
12. Final cover slopes shall be constructed with a maximum 4H: 1V grade in accordance with approved
plans. All transition areas where slopes change grade shall not exceed 4H: IV.
13. The leachate collection and management system shall be operated to maintain a maximum head of
one foot on the barrier layer for the liner.
14.
A 200 foot buffer area shall be maintained between the waste and the property line. If compliance
boundary wells are required beyond the property boundary, a variance from the Solid Waste
Management Rules will be required.
The May 21, 1998 technical memorandum prepared by Wenck Associates which provides
supplemental design information shall be incorporated into the modified plan sheets and engineering
report.
If there are any additional comments or questions regarding this matter, please contact us.
Bill Armstrong
Minnesota Pollution Control Agency
City of Elk River
CC.'
John Kellas, Elk River Landfill
Matthew Ledvina, Liesch Associates
Jim Simonet, EnecoTech Midwest, Inc.
Rod Ambrosie, Wenck Associates
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USA WASTE
June 17,1998
825 East Second Street
Blue Earth, Minnesota 56013
(507) 526-2194
(507) 526-2195 Fax
Mr. Bill Armstrong, P.E.
Minnesota Pollution Control Agency
500 Lafayette Road
St. Paul, MN 55155
Mr. Dave Lucas
Sherbume County
P.O. Box 320
Elk River, MN 55330
Mr. Steve Rohlf
City of Elk River
P.O. Box 490
Elk River, MN 55330
RE: Elk River Landfill - Request for Permit Modification
Dear Gentlemen:
I am writing on behalf of Elk River Landfill to respond to your June 8, 1998 letter which
contained comments on the April 1998, Application for Permit Modification, submitted by Wenck
Associates, Inc.
All comments contained in the June 8, 1998 letter, have been addressed in a revised Application
for Permit Modification, which was submitted to your offices on June 9, 1998. In addition, these
comment responses, as addressed in the revised Permit Modifications, follow agreements reached
in earlier telephone conversations and meetings where we were able to discuss your concerns. It
is our understanding that all items, with one exception noted below, have been addressed in a
manner which enables continued protection of the existing waste deposit and meets and exceeds
regulatory requirements. Please refer to the revised Application for Permit Modification, dated
June 1998 for detailed information.
Comment #14 seems to reflect a misunderstanding. Comment #14 currently states the following:
"A 200 foot buffer area shall be maintained between the waste and the property line. If
compliance boundary wells are required beyond the property boundary, a variance from
the solid Waste Management Rules will be required."
From conversations and meetings with the MPCA, we believe Comment #14 was meant to have
said the following:
"A 200 foot buffer area shall be maintained between the waste and the property line, or beyond
the property line if adequate easement(s) are in place. If compliance boundary wells are required
beyond the property boundary, a variance from the Solid Waste Management Rules will be
required."
We understand Dave Lucas discussed this comment with Ms. Amy Hadiarus, MPCA
Hydrogeologist, and she concurred with our interpretation. She indicated to Mr. Lucas she will
forward a letter which will amend Comment #14 to reflect the above interpretation.
Elk River Landfill is in discussions and is currently working with the adjacent northern property
owner to acquire an easement beyond the property line. We are committed to obtaining this
easement as part of the approval process for the proposed permit modification and believe this
response satisfies the amended comment # 14.
We appreciate your coordinated efforts on this project. Please call me with any questions.
Sincerely,
USA WASTE SERVICES, 1NC.
Debra A. McDonald, P.E.
CC:
Rod Ambrosie, Wenck Associates
Amy Hadiarus, MPCA
Terry Johnson, USA
John Kellas, ERL
Matt Ledvina, Liesch
Jim Simonet, EnecoTech Midwest, Inc.
LIE CH
Ju~e ] ~, 1 9~)~ LIESCH ASSOCIATES, INC. 13400 15TH AVE. N. MINNEAPOLIS, MN 55441 612/559-1423 FAX: §12/559-2202
Mr. Steve Rohlf
City of Elk River
13065 Orono Parkway
Box 490
Elk River, MN 55330
RE:
Elk River Landfill - Review of City of Elk River License Agreement and Conditional
Use Permit
Dear Mr. Rohlf:
This letter outlines our review of the License Agreement and Conditional Use Permit in relation
to documents recently submitted and 'the demolition cell development proposal.
Recommended Modification.~ to the License
Page 2, 1 .) Significant Persons. The new Site Manager of Elk River Landfill is John
Kellas, 22460 Highway 169 NW, Elk River, MN 55330 - 441-2464
(office), 708-2435 (mobile).
Page 3., 2.) (14)
The "Leachate Management Plan" was revised in December, 1997.
New Item
Page4.,2.) (26) "Application For Permit Modification." June 1998. Subject to the
following conditions:
a)
The plan sheets and engineering report shall be revised to provide
vehicle access for operation and maintenance of the new leachate
management facilities, existing and future landfil! gas (LFG)
extraction system components and maintenance of final cover.
b) The plan sheets and engineering report shall be revised to indicate
details for the new LFG condensate storage tank.
c) The depth of burial for the leachate force main shall be increased at
locations where access roads cross the pipe.
Page 7.,3.) (03) (b)
the document "Application for Permit Modification." June 1998 shall also
be referenced.
Page 3, 2.) (17)
Closure, post-closure and contingency action cost estimates were revised
on April 9, 1998.
New Item
Page 4., 2.) (27)
"Post Closure Plan," March 1998
Recommended Modifications to the Conditional Use Permit
Page 4.,2.) (03) (b)
the document "Application for Permit Modification," June 1998 shall also
be referenced.
Please contact me if you have any questions or comments regarding the recommended
modifications. Thank you.
Sincerely,
,T s,
Matthew L'a. Ledvina, P.E.
cc: Mr. John Kellas, Elk River Landfill
Mr. Davis Lucas, Sherburne County
Mr. Bill Armstrong, MPCA
Ms. Deb McDonald, Elk River Landfill
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B.A. LIESCH ASSOCIATES, l~JCl 13400 15TH AVENUE NORTH MINN~kPOLIS. MINNESOTA 55441
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CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
AMENDED CONDITIONAL USE PERMIT
THIS AGREEMENT, made and entered into this
day of
,1998
by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter
referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation
(hereinafter referred to as the Permittee), which is owned by Sanifill, Inc., a Texas corporation
that is a wholly owned subsidiary of USA Waste Services, Inc., a Delaware corporation, provides
as follows:
WHEREAS, the Permit'tee owns the real properties described on Exhibit A attached
hereto (hereinai~er referred to as the Landfill Property), situated in the City of Elk River; and
WHEREAS, Perrnittee has been operating a landfill on the Landfill Property prior to
January 20, I987, and is currently operating a landfill at that location (the Landfill); and
WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance
authorizing the designation ora Solid Waste Facility (SWF) district effective January 20, 1987;
and
WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted or
conditional use in any zoning district within the City; and
WHE~A$, Permittee's landfill operation on the Landfill Property was a nonconforming
use prior to the adoption of the Amendment; and
WI-IF_,REAS, the appropriate and lawful regulation of the use of land for landfill purposes
within the City is a matter of important public need and interest; and
WHEREAS, the residents of the City could be adversely affected by the unregulated
operation of the Landfill; and
WHEREAS, the City rezoned the Landfill Property to SWF district and issued a
Conditional Use Permit and Solid Waste Facility License for the Landfill operation in October,
1988; and
WHEREAS, Permittee has applied to the City for amendment and renewal of the Solid
Waste Facility License and has requested that the Conditional Use Permit be amended to permit
construction of additional cells au the Landfill; and
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WHEREAS, the City Council has determined that for reasons related to public health,
safety, and welfare the final elevation of the Landfill should be limited to no more than 1120 feet
above Mean gea Level (MSL); and
WHEREAS, the Permittee has agreed to a final elevation of no more than 1120 MSL; and
WHEREAS, the City of Elk River Planning Commission and City Council have held
hearings on the request to amend the Conditional Use Permit, at which hearings all citizens of the
City of Elk River and other interested parties have had the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
that Elk River Landfill, Inc., is hereby granted an amended conditional use permit for landfi[1 and
related operations on the Landfill Property described above, subject to the terms, conditions and
qualifications hereinafter stated, to wit:
1.) Scope and Conduct of]~ndfill Operations. The operation of a solid waste landfill
may be conducted on the Landfill Property in conformance with existing statutory and regulatory
authority and requirements of the City, Sherbume County (the County), and the Minnesota
Pollution Control Agency (MPCA); and in accordance with authorization and limitations
contained in:
(01) MPCA Solid Waste Permit No, 74 as modified and reissued in 1997 and which
specifically authorizes Cells 12 and 13;
(02) the current Sherburne County Solid Waste Landfill License of the Permittee;
(03) the current City Solid Waste Facility License of the Permittee; and
(04) this Permit.
Landfill operations may be conducted on the Landfill Site only in accordance with the
plans, descriptions, and reports incorporated in said permits and licenses. Provided, however, that
the entire Landfill shall have a final elevation of no more that 1120 feet above MSL based on
5H: 1V slopes, and including final cover, as provided in the Long Term Development Plan
submitted to the City dated March 1997, and as revised on April 15, 1997. Any changes made to
the plans, descriptions, reports, permits and licenses, including MPCA Solid Waste Permit No. 74
and the County License, shall also be reviewed and approved, approved with modification, or
disapproved by the City as described in the current License issued by the City.
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2.) Scone and Conduct of Related Operations.
(01) Recycling Center. The operation of a recycling cenler on the Landfill Property
may be conducted, [fin conformance with all applicable terms and conditions of this
Permit, subject to the following conditions:
(a)
The operation of the recycling center shall comply in all respects with all
applicable requirements of the City Code of Ordinances and all applicable
federal, state, and county laws and regulations.
(b)
The recycling center shall be located and operated as shown on plans
submitted by Permittee and approved by City staff. The recycling center
may accept additional materials, including household hazardous wastes,
provided that Licensee's plan for handling additional materials and any
changes to the recycling center shall first be approved in writing by the
City.
(c)
The recycling center shall be operated by Permittee. Operation of the
recycling center by a different operator shall require the prior written
approval of City staff. Any different operator of the recycling center must
comply with all of the terms and conditions of this Permit.
(d)
Permittee shall place appropriate signage on the Landfill Property to direct
citizens to the location of the recycling center..
(e)
Used oil recycling areas shall be within an enclosed building with an
impermeable floor and comainment area, as approved by staff.
(0
Battery storage shall be within an enclosed building with an impermeable
floor and containment area suitable for batte~ acid, as approved by staff.
(g)
Battery, paper and oil storage areas shall be separated to reduce fire
potential, as approved by the City Fire Chief.
(h)
Perminee shall have a regular schedule for appliance pick-up, to be
approved by City staff.
(02) Yard Waste Cornposting. The operation of a yard waste composting facility on
the Landfill Property may be conducted, if in conformance with all applicable terms and
conditions of this Permit, subject to the following conditions:
(a)
The operation of the yard waste composting facility shall comply in all
respects with all applicable requirements ofthe City Code of Ordinances
and all applicable federal, state, and county laws and regulations.
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(b)
The yard waste composting facility shall be located and operated as shown
on plans submitted by Permittee and approved by City staff.
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, Ifoflor becomes a problem staffmay require
more frequent turning of compost piles and/or watering to ensure that the
compost remains aerobic and breaks down as quickly as possible.
(0
The maximum amount of yard waste which may be accepted is 100,000
cubic yards per year.
Positive drainage away from the compost area must be implemented, as
approved by City staff.
(h) Yard waste and/or compost may not be used as daily cover for the landfill.
(i)
That Permittee is in strict compliance with all other terms, conditions and
requirements of this Conditional Use Permit, including specifically, but not
limited to, the operational and environmental monitoring requiremems of
sections 4, 6, and 7, and the requirements ofsections 16 and 24 to make
prompt payment of all fees and costs due to the City. No yard waste may
be accepted at the yaxd waste composting facility if this condition is not
complied with. Permittee must immediately stop accepting yard waste
upon written notice from the City that there is a violation of this condition.
(03) Demolition Debris. The operation ora demolition debris landfill on the Landfill
Property may be conducted, if in conformance with all applicable terms and conditions of
this Permit, subject to the following conditions:
(a)
The operation of the demolition debris landfill shall comply in all respects
with all applicable requirements of the City Code of Ordinances and all
applicable federal, state and county laws and regulations.
The demolition debris landfill shall be located and operated as shown on
the "Revised Demolition Fill Plan - Final Grades, Sheet C-2," dated
February 26, 1997 submitted by Permittee and approved by City staff,
Permittee's Application for Pennit Modification dated April 1998, and
revised Application for Permit Modification dated June, 1998; and the
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conditions set forth in the June 8, 1998 letter to Permittee from the City,
Sherburne County and the Minnesota Pollution Control Agency.
(c)
Permittee shall provide an estimated development time line for the
demolition debris landfill, including an estimated closure time line, which
shall be updated as appropriate.
(d)
Permittee shall pay the demolition debris surcharge authorized by Minn.
Stat. § 115A_921, Subd. 2. The Surcharge shall be paid directly to the City
on a monthly basis, and shall be accompanied by an accurate report on the
amount and type of demolition debris disposed of each day during the
month. The Surcharge due for each month shall be received by the City no
later than the thirtieth calendar day of the succeeding month. Failure to
pay the surcharge fee when due shall be cause for revocation of this Permit
and shall be a violation of the conditions and requirements of this Permit
for the purposes of the related operations authorized by Section 2 of this
Permit.
(e)
That Permittee is in strict compliance with all other terms, conditions and
requirements of this Conditional 'Use Permit, including specifically, but not
limited to, the operational and environmental monitoring requirements of
sections 4, 6, and 7; and the requirements of sections 16 and 24 to make
prompt payment of all fees due to the City. No demolition debris may be
accepted at the demolition debris landfill if this condition is not complied
with. Permittee must immediately stop accepting demolition debris upon
written notice from the City that there is a violation of this condition.
(04) Other Related Operations, No other operations or activities, whether or .not
related to the Landfill, shall be permitted or allowed on the Landfill Property unless this
Permit is first amended to specifically allow such operations and to specify the applicable
conditions except mining activities or other operations licensed or permitted separately by
City.
3.) ]~Cff. e,~. A Buffer Zone shall be established within the perimeter of the
Landfill Property around the waste disposal areas of not less than 200 feet. Within this Buffer
Zone, no waste disposal may occur. Permittee shall place a six (6) foot high earth berm,
landscaped with evergreen trees and protected from erosion within the Buffer Zone. Where the
Buffer Zone contains heavily wooded areas, exception to installing the berm and landscaping shall
be allowed. A plan for establishment of the Buffer Zone shall be submitted to the City no later
than July l, 1997 for approval by City staffand shall be implemented as provided in the plan.
909579.4