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6.1.-6.2. SR 02-09-2004Item 6.1.-6.2. MEMORANDUM TO: Mayor and City Council FROM: DATE: Stephen Rohlf, Building and Environmental Administrator February 9, 2004 5' ~'- SUBJECT: Solid Waste Facility License Renewals and Conditional Use Permit Amendments for NRG CU 03-37/P.H. and GRE CU 03-38/P.H. Background In the late 1980's when the City of Elk River originally permitted NRG (NSP at the time) to process refuse derived fuel (RDF) and GRE (UPA at the time) to burn RDF, it considered them two components of the same process. A third component of the process is transportation (refuse to NRG, rejects from NRG, RDF to GRE and ash from GRE). This component is also covered in their permits. Because they are so interrelated, NRG's and GRE's conditional use permits and solid waste facility licenses cross-reference each other and need to be reviewed in conjunction with each other. Request - Renewal of Solid Waste Facility Licenses and Amendments to Conditional Use Permits (CUP) for NRG and GRE Both NRG's and GRE's CUPs and Solid Waste Facility Licenses have very similar language, but legally they serve different functions. Solid Waste Facility Licenses from the city are required to be renewed and, therefore, may be more easily modified if problems arise. Because the renewals have become a somewhat routine process for the facilities in question, during their last renewal 0anuary 2000) the permit life was extended from two years to four years. The city routinely reviews CUPs for solid waste facilities at the same frae as their licenses, although renewal is not required. In this particular case, hoxvever, modifications to the language in the CUPs are being proposed; therefore, a public hearing for these permits is a requirement. The City Council will consider both the CUPs and Solid Waste Facilit37 Licenses for these facilities. Attachments The following attachments are included with this memo: ~ A vicinity map showing the location of both facilities ~ Site maps for both facilities Memorandum from NRG, dated December 22, 2003, outlining their proposed changes to their permits Memorandum from GRE, dated December 19, 2003, outlining their proposed changes to their permits. The current CUPs and SWFLs for both facilities Staff Review In the attached CUPs and licenses, language proposed to be deleted has a line through it and language proposed to be added is shaded. There are a lot of proposed changes, some by NRG and GRE and some by staff. Most of the changes can be considered housekeeping. For easier reference, staff placed an "X" next to those items in the attached CUP's and licenses discussed in this memo. )~ NRG's CUP Item 1, page 2 - NRG proposes that 'Residue" be changed to "fish". Staff recommends against this change because there can be other byproducts of the burning, such as aluminum slag which are not considered ash. Item 2, page 2 - NRG proposes "There shall be no egrave/ or di~ areas at the facili~ site" be deleted. NRG has either hardsurfacing or asphalt millings on all drive and parking areas. The remainder of their site is required to be landscaped, but some areas are extremely gravelly, making it hard to establish vegetation. Staff recommends this language remains in their permit and that NRG continues to plant vegetation until successful. There are some really good seed mixes for sandy soils now used for reclaiming gravel pits or they could bring in black dirt. Item 11, page 4 - NRG proposes % non,nat business hom's"be deleted. NRG views their normal business hour as 24 hours a day; however, normal business hours in this case refers to those adopted in the City Code, which are 7:00 a.m. to 7:00 p.m. Monday through Saturday. The city concedes that all facilities have a right to its normal business hours. Granting NRG's request to remove this language would allow an even greater reduction in hours for cause. Staff recommends this language remain. Item 11, page 4 - NRG proposes "but not/o GRE from 4:00p. m. to 6:30p.m. on t~%'dq and the d~ p~ior to a ho/ida~ weekend"be deleted. The City Council was very much concerned about the effects the operation would have on traffic when it was first permitted. Highway 101 was just two lanes at the time and was of particular concern. The number of trucks and their effect during peak traffic times is probably minimal and staff routinely authorizes exceptions to this condition for unique situations. NRG wants to avoid hauling during these periods of time and only does so when there is a unique situation (e.g. they have had a shutdown for a prolonged period and GRE is low on fuel). Staff recommends the referenced language is replaced by "but transporting to GRE will be avoided from 4:00p.m. to 6:30p.m. on Friday and the day prior to a hoh'day weekend, unless a unique circumstance exists." )~ NRG's Solid Waste Facility License Item 11, page 6 - NRG proposes "20feet" be replaced by "_/tdequate", referring to the f~rebreak between the conveyor and garbage on their tipping floor. The Elk River Fire Chief reviewed this proposal and is recommending the existing language remain. It is his opinion that 20 feet is minimal and 'adequate' needs to be defmed. Item 12, page 6 -NRG proposes '?0 no,ma/business hours"and "but no//o GRE .from 4:00p.m. to 6:30p.m. on Friday and/he day before a holiday weekend. "be deleted. Please refer to the discussion on these items and staff's recommendation under proposed changes to NRG's CUP. )~ GRE's CUP Item 9, pages 2 and 3 - GRE proposes 'br Permit for a lVaste Processing Facility S~ystem No. SIV305 and NPDES No: MN001988", which are NRG's permits, be delete from GRE's CUP. Again, the city views the two facilities as interrelated and feels reference to NRG permits in GRE's CUP is appropriate. Staff recommends against this change. This issue is not referenced in GRE's memo dated December 19, 2003, but rather it came up at a meeting with NRG and GRE. Item 10, page 3 - GRE proposes '~DIz hauling tr~cks shall not enter or ex'it the b~ad/i/y during the hours of 4:OO p.m. and 6:30p. m. on Fridays and the day before a holiday weekend. "be deleted. Staff recommends this language be modified to state "RDF hauling trucks shall avoid entering or exiting the Facility during the hours of 4:OO p.m. and 6:30p.m. on Fridays and the day before a holiday weekend unless a unique circumstance exists." Item 20, page 4 - This GRE/NRG proposes '54n_y reuse of ash and residue shall be subject/o appro~;a/ qf the Minnesota Pollution Control ~tgenfy and be in compliance with at/ applicabk rules and regulations." Staff is in agreement with this change and drafted this language. This issue is not referenced in GRE's memo dated December 19, 2003, but rather it came up at a meetmg with NRG and GRE. )~ GRE's Solid Waste Facility License 1. Item 12, page 4 - GRE proposes 'SRD/c hauling trucks shat/not enter or ex'it the I~ad/i~ during the hours of 4:00 p.m. and 6:30 p.m. on Effdays and/he day before a holiday weekend. "be deleted. Staff recommends this language be modified to state "RDF hauling trucks shall avoid entering or exiting the Facility du~ng the hours of 4:00 p.m. and 6:30 p.m. on Fridays and the day before a holiday weekend unless a unique circumstance exists.' Other issues GRE has not had any exceedences on their air emission standards for over two years. has received complaints regarding odor, which may or may not be from this facility. Staff Periodically, NRG still experiences explosions cause by illegally disposed of materials. The good news is the explosion suppression system and bunker keep damage and injuries in check and fzre suppression water is contained in the building. Litter (mostly from trucks leaving the facility after unloading) is still an issue. Adequate language to address this issue is in their permits and no changes are proposed. Both GRE and NRG encourage the Council to visit their facilities prior to your meeting. Call Ed Stoutenburg at (763) 441-9819 to arrange a time to visit NRG's facility and Wayne Hanson at (763) 241-2209 to arrange a time to visit GRE's Facility. Planning Commission Recommendation The Planning Commission recommends renewal of NRG's Solid Waste Facility Licenses, with the modifications proposed by city staff modified. The Planning Commission recommends renewal of GRE's Solid Waste FacilitT Licenses, with the modifications proposed by city staff modified. The Planning Commission recommends amending NRG's CUP as proposed by city staff. The Planning Commission recommends amending GRE's CUP as proposed by city staff. December 22, 2003 TO: FROM: SUBJECT: Steve Rohlf Bill Helliwell Rhonda J. Madsen Ed Stoutenburg Changes to the CUP and License for the City of Elk River Changes to Conditional Use Permit (CUP): · Page 2; Section 1 · Page 2; Section 1; Line 20 · Page 2; Section 2; Line 41 The Facility consists of three (3) integrated components... CUP only lists (1) and (3). · Page 4; Section 7; Line 6 · Page 4; Section 11; Line 3 · Page 4; Section 11; Line 11 Page 8; Section 21; Paragraph B; Line 5 Page 9; Last Paragraph; Line 6 The cun'ent Replace residue with ash Omit the sentence, There shall be no eravel or dirt areas on the facility site. Replace way with wai[ Omit to normal business hours and change the word of to if. End sentence on line 13. Omit line 14 in its entirety - but not to GRE fi'om 4:00 n.m. to 6:30 p.m. on Fridays and the da',, prior to a holiday weekend. Replace tot eh with to the Replace two with four Changes to the Solid Waste Facility License · Page 6; Section 11; Line 6 · Page 6; Section 12; Line 2 · Page 6; Section 12; Line 3 · Page 6; Section 12 · Page 7, Section 15; Line 4 · Page 7; Section 19; Line 2 Om/t 20-foot and replace with an adequate On'fit on a temporary basis Omit to normal Business hours Omit Line 11, begi~ming with ...but not to GRE from 4:00 -p.m... through line 19, ending with &op-off is not oven. Replace ~ with is Replace 2004 with 2008 GREAT RIVER ENERGY~'' 17845 East Flighway 10 - P.O. Box 800 · Elk River, k4innesota55330*O800 · 763-441-3121 · Fax 763-241-2366 · www. GreatRiverEnerg¥com December 19, 2003 Mr. Steve Rohlf Building & Zoning Administrator City of Elk River 13065 Orono Parkway, PO Box 490 Elk River, MN 55330 Re: Conditional Use Permit Application Renewal for Great River Energy - Elk River Station Enclosed are the completed permit application renewal forms, a $500 application fee, a list with mailing labels of all property owners within 350 feet of the Great River Energy property, a facility layout drawing, and a site grading plan for the new pole storage area. Great River Energy (GRE) submitted an application for renewal of Air Emissions Permit No. 14100003 (Air Permit) to the Minnesota Pollution Control Agency (MPCA) in September 2002. A copy of the application was also provided to the City of Elk River for review. The Air Permit review is still pending and has not been assigned to a permit writer. Elk River Station's most current Air Permit and revision numbers are: 14100003-003. The revision number should be changing with the renewal of the Air Permit. The Conditional Use (CU) permit denotes the revision number for the Air Permit each time the Air Permit is identified in the document. Since the CU.permit already adequately addresses that any modifications to the site, grounds, building, or plant be submitted to the City prior to any changes being conducted; GRE would recommend the following modifications to the CU permit: GRE recommended edits to the Elk River Station Conditional Use Permit Item 1. 1st Sentence "... and as described in the Combined Air and Solid Waste Permit No. Modify: 14100003-001..." "... and as described in the Air Emission Permit No. 14100003 and all To: acceptable amendments..." Item 6. 3rd Sentence "Such access shall be in accordance with the Permittee's safety standards Modify: and proprietary..." "Access shall be administered in accordance with the Permittee's safety To: standards, National Homeland Security rules and regulations, and proprietary..." Item 8. 1st Sentence Modify: "...,Air Emission Facility Permit No. 14100003-001, ..." A Tot,chsr,~ne Eners¥'" Coopc-~ r ye 7'~,~: ' Mr. Steve Rohlf, City of Elk River December 19, 2003 - Page 2 To: "...facility Air Emission Permit No. 14100003 (and applicable amendments), Item 9. "This permit authorizes burning at the Facility of up to 1,050 tons per day of Modify: RDF as a monthly average." "This permit authorizes burning RDF at the Facility of up to 1,050 tons per To: day using a 12-month Rolling Average." This language about the fuel usage limitation should be modified to maintain Comment: consistant language with the Facilities state air permit. Item 10. 1st Sentence Modify: "UPA Drive" To: "Great River Energy Drive" Item 18. 1st Sentence Modify: "sate" To: "state" Item 22.B. 1st Sentence Modify: "...Air Emission Facility Permit No. 14100003-001 or..." Tc~: "...facility Air Emission Permit No. 14100003 or..." If you have any questions on the information contained in this letter, please contact me at (763) 241-2441. Sincerely, GREAT RIVER ENERGY Debra Nelson Environmental Services DN/bn Enc. c: Wayne Hanson, GRE-ERS (w/o enc.) S:\CorpServ\EnviServ\ELKRIVERtAir~003\ERS cI CUP ER03.doc HILLSIDE C~TY PARK 178TH 177TH 176TH 175TH 174TH 173RD 172ND 171ST 170TH 169TH 168TH 175TH SITE 167TH i 166TH 165TH Case Number: Location Map CU 03-37 NRG ENERGY N AMENDED CONDITIONAL USE PERMIT NO. 86-01 For NRG Refuse Derived Fuel Resource Recovery Facility This Amended Conditional Use Permit No. 86-01 was approved by the City Council of the City of Elk River on December 1, 1986, and amended by the City of Elk River on December 17, 1990, January 27, 1992, January 18, 1994, January 15, 1996, and December 20, 1999, subject to the following terms: This Conditional Use Permit No. 86-01 (the PenTfit) is for the construction and operation, on property legally described as follows: The Southwest one-quarter of the Southeast one-quarter (SW ¼ of the SE ¼) of Section 11, Township 32, Range 26, Sherburne County, Minnesota, according to the Govermnent Land Survey, except the South 468 feet of the West 495 thereof, subject to highway easement of record (the Site), of the Anoka County Refuse Der/ved Fuel Resource Recovery Facility as described in the Draft and Final Enviromn. ental Impact Statements for The Facility dated April 1986 and July 1~ 9~;na, n~d~s described in the Combined Air and Solid Waste Penrfit No. 14 ..... ~ ,,,,l for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System and Permit for the construction and operation of a Waste Processing Facility and System, No. SW-305, issued by the Minnesota Pollution Control Agency (MPCA); and as described in (1) "Response to RDF Information Sheet Issued by the Concerned Citizens Against the Proposed Garbage Project," transmitted to the City by Con-espondence dated July 24, 1986, and (2) "Responses to the City of Elk River Concerns" transmitted to Mayor Richard Hinkle on August 19, 1986; and (3) correspondence from the Pem~ittee to Mayor Richard Hinkle dated October 13, 1986, and as further described in Pennittee's Noveraber 28, 1989, application for renewal of conditional us permit and Permittee's correspondence of April 2, 1990, April 17, 1990, July 2, 1990, August 3, 1990, and September 6, 1990, to the City; in Permittee's November 20, 1991, application for renewal of the Conditional s: '\b&z ~ stever ~ nrgcu p.doc 1 X X Use Permit; in Permitee's February 1, 1993, application for renewal of the Conditional Use Permit; in Pennitee's November 8, 1995, application for renewal of the Conditional Use Penrfit; and in Perrnitee's November 2, 1999; application for renewal of the Conditional Use Permit; all of which have been provided to the City by the Permittee in support of the application for this Amended Conditional Use Pernait and collectively deschbe the Facility authorized by the Permit. The Facility consists ofth2ee (3) integrated components located in the City: (1) A facility for receiving municipal solid waste and processing it into refuse- derived fuel (Processing Facility); (2) ~ facility fc~r the inei~rati6n ~£~e 3~¢ed ~i i¢~: facility) i and (3) 5~ :lTl0 ~el; eh(0 fvehi ~1 es:tra~p;~i~g municipal solid waste (MSW), refuse-derived fuel (RDF), rejected municipal solid waste (Rejects), and incineration re~iduc ~h r, ~:.~..^ ( ........Ash). So long as RDF is incinerated in the City, the conditions of this Permit which relate to the Bum Facility and RcM&ac ~{h shall be in full force and effect. Construction or operation in violation of any of the material statements of fact, factual infomaation, or representations in the referenced documents shall be deemed to be a violation of the Permit and all such documents are considered to be and are hereby made a part of the Permit. Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Processing Facility shall be provided substantially in accordance with the plans submitted by Northern States Power Company with the original application of a conditional use permit and the November 28, 1989 application for renewal of conditional use penrtit, which are herby made a part of this Penrdt. In addition, these plans shall be further revised to provide a hard surfaced, diked area to drop hot loads of processed RDF so that they can be put out and fire suppression water retained; and to further provide that all areas on the facility site are either hard surfaced parking and drive areas, pea rock or asphalt shavings for equipment storage, or landscaped areas with All utility and street construction plans and specifications as presented by Northern States Power Company for the Facility and servicing streets must be prepared by a Registered Civil Engineer in accordance with directions of and approved by the City Engineer. All building plans and specifications must be approved by the City Building Inspector and Fire Chief. Approval of driveway entrances, if needed, on State and County highways shall be secured from the appropriate agencies and filed with the City g-om~ Administrator prior to issuance of any building s: ~b&z \ stever ~nrgcup.doc 2 pern-tit. Street lighting and acceleration and deceleration lanes for Highway 10 at the intersection of 165th Avenue and Highway 10 shall be installed by City to provide safe access to Highway 10 for trucks entering and leaving the Facility. Failure by pern~ittee to reimburse the City for the installation of said improvements within thirty (30) days of receiving an invoice for all or any part of said improvements shall be cause for revocation of this Permit. The City shall have the right of access to all areas of the Processing Facility and site for the purpose of inspection to ensure compliance with all of the terms and conditions of this permit and the Solid Waste Facility License for the Facility. The City need not give prior notice to the Permittee for personnel to access the Processing Facility or site during waste receiving, Monday through Saturday, or if an explosion or other emergency occurs. At any other time, at least twelve (12) hours prior notice to the Penrtittee is required. Such access shall be in accordance with reasonable safety standards and reasonable proprietary infonrtation requirements. Alternatively, the City may, in its discretion, upon thirty (30) days notice to pe~rnittee, to fm-ther ensure compliance with the restrictions in this Conditional Use Permit and in ~,:~ a~ of the City Code of Ordinances on the handling and processing of hazardous and dangerous waste, and to protect the public health, safety, and general welfare of the citizens of Elk River, place full-time City inspectors at the Facility twenty-four (24) hours a day. These inspectors shall have the fight of access to all areas of the Facility, twenty-four (24) hours a day, for the purposes of inspection to ensure compliance with all of the ten~ns and conditions of this Conditional Use Pernxit, the license for the Facility, and ~ Chapter; ~8! Arfi~]~:i~I of the City Code. The on-site City inspector shall have the hgh~I at any time, to take one or more of the following actions: A. Order a load of MSW inspected, pursuant to the procedures set forth in the license for the Facility; B. Order the Facility cleaned, if a violation of the dust control plan for the Facility is observed; or C. Order the Facility shut down if necessary to bring it into compliance with the dust control plan or any other tern~t or condition of this Conditional Use Permit, the license for the Facility, or gcc ........ !!I of the City Code. All employee or visitor motor vehicles associated with Facility operation shall be parked on Facility property, and not on adjacent lands not owned by PenYdttee or adjacent streets. Adequate facilities must be provided to ensure that no vehicle desiring entry into the Processing Facility during permitted receiving hours will have to veay ~i~ outside the perimeter of the Processing Facility site. s: ~b&z \ stever ~nrgcu~,p.doc o The City shall be notified by the Permittee i~mnediately upon the occurrence of any explosion, fire, or other emergency at the Facility; upon the discovery, release or spill of hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Facility; and of any violations of the conditions of the Pem~it, Air Emission Facility Permit No. ~ or Permit for a Waste Processing Facility and System, No. SW- 305. 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 fi'om time to time as necessary to address the City's needs for notification. This Permit authorizes an average annual throughput of one thousand five hundred twenty-six (1,526) tons per day of MSW. 10. All MSW, RDF, Reject or Residue-hauling truck traffic entering or exiting the Processing Facility or the Burn Facility shall use only those highways and streets as allowed in writing by the City Council, avoiding the use of Main Street and residential streets, if at all possible. Truck traffic originating in the City may use other public streets. 11. The Facility may operate twenty-four (24) hours a day. However, the City reserves the right to restrict the hours of operation of the Facility te, nc, final bus;mcss hours or'if noise emanating from the Facility to surrounding residential properties is unacceptable. Receiving and transporting MSW and rejects at the Processing Facility may take place twenty-four (24) hours a day, Monday through Saturday. However, the City reserves the right to restrict further the hours of receiving and transporting MSW at the processing facility if necessary to protect the public health, safety, and welfare. RDF may be d ty fo (24) d transporte twen - ur hours a ay, ~, ...................... p.m. tc, .... v ............. J ........... .~ v ...... a ....... .~ .... ~,~nd. At the Processing Facility, all truck and Processing Facility wash water shall be diverted and captured in a retention tank so that it does not enter the groundwater system. 12. The processing Facility shall be enclosed by a minimum six-foot and no more that eight-foot high chain link fence. 13. The Processing Facility shall undertake no processing of MSW until all appropriate items in the Permit and the building penrfit are completed and finally inspected by the City of Elk River g-om~ Administrator and a written certificate of occupancy has been issued. 14. Permittee shall test stoma water run-off captured in the on-site retention/detention pond, and shall provide written reports on these test results to the City, as provided in the rain water run-off sampling plan submitted by Permittee. If the required tests indicate water quality problems in rainwater s: Nb&z~,stever \nrgcup.doc 4 15. 16. 17. 18. 19. 20. run-off, Pem~ittee shall submit to the City for approval a plan for addressing such problems and shall implement such solutions as are required by City. The Permittee shall engage in a regular and routine litter maintenance and removal program extending (a) one-half mile east of the Processing Facility entrance on 165th Avenue Northwest, (b) southeast on Highway 10 fi'om the intersection of 165th Avenue Northwest with Highway 10 to the eastern city limits, (c) northwest on Highway 10 from said intersection to the intersection of Highway 10 and Highway 169, and (d) any other areas adversely impacted by debhs related to Facility operations as may be deterrnined by the City. Litter shall be removed fi-om these areas no less than once per week, and more often if necessary because of spills or complaints from neighboring property owners, to ensure that these areas are kept free of litter generated by truck traffic traveling to and from the Facility. In addition, Pen~nittee shall inspect all trucks leaving the plant to ensure that they are either fully enclosed or covered, and/or clean, and will not spread litter on surrounding streets and roadways as they leave. The Permittee shall immediately pay to reimburse the City for any and all expenses associated with initial Processing Facility-related improvements on 165th Avenue from the Processing Facility entrance to the intersection with Highway 10, and on any other city streets used by vehicles transporting RDF or Residue which may serve as primary access for the Burn Facility. For the foregoing street, the Pennittee shall also reimburse the City for all patching and repair expenses in excess of the City's normal street maintenance program. Permittee shall also reimburse the City for any and all expenses associated with installation of the acceleration and decelerations and lighting at the intersection of highway 10 and 165th Avenue. No exterior storage of MSW, RDF, Rejects or Residue shall be allowed, except in enclosed trailers or trucks. The Pem~ittee represents and warrants to the City that the Facility shall at all times comply with all applicable city, county, state, and federal laws and regulations, including without limitation, environmental laws and regulations. All Mixed Municipal Solid Waste not burned, including unburned RDF, RDF process Rejects and RDF Residues, shall be disposed of in strict compliance with the requirements of Scctic, n ~04 chapter 58, Article:III of the City Code and Chapter 7035 of Minnesota Rules. Responsibility for Costs: The Pern~ittee shall pay all direct costs incurred by it or the City in conjunction with the application for this Permit and development of the Facility, including without limitation legal, planning, consulting, s: Nb&z ~stever ~nrgcup.doc 5 engineering, and inspection expenses (including a reasonable charge for City staff time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction of the Facility, except those costs and expenses normally covered by the building penuit fee. The Pem~ittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incun'ed resulting from Facility approval, construction, and operation. The Pennittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City any .pay or incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold han-nless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in questions is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, Its officers or employees. Until the date,of such judicial determination, the defense hold hanuless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Permittee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co- counsel in the defense of such matters. The Permittee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Pennittee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Pennittee, from any strict liability imposed upon the City pursuant to Minn. Stat. 115B.01, et seq. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold hanuless, and defense obligation on the part of the Permittee shall include, but not be limited to, any and all actions, claims, requirements, or claims for daunages arising out of the granting of this Penrtit for the Facility or any variance associated with the height of the proposed Processing Facility and the inability of the City to properly respond to fire calls at the Processing Facility due to the limitations of its equipment or personnel, but shall not include willful and unjustified failure to respond to fire calls at the Processing Facility. The indemnities provided in the para~aph B are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particulm' indemnified action or claim. Nothing in this Permit is intended to waive the immunities to which the City is entitled by law. s: ~b&z ~ stever N nrgcup.doc 6 The Pennittee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the Permit. The Pemaittee shall reimburse the City for all costs incurred in enforcement of this Pem~it, including consultant and attorneys' fees. Failure by Permittee to reimburse City within forty-five (45).days of receiving an invoice for any costs for which reimbursement is required by the tenns of this Conditional Use Permit or the License for the Facility, shall be cause for revocation of this Pemqit. 21. 22. Miscellaneous: This Pem~it and its conditions shall be binding upon each of the Pennittees, jointly and severally, referred to collectively in this Penrtit in the singular as Pemaittee, and the successors and assigns of any one of them. The assignment by any Permittee of its interest in the Facility shall not relieve it of responsibility and liability under this Permit without the written consent of the City, which consent shall not be ulzreasonably withheld. Violation of the terms of this Permit or ofMPCA Pernnit No. SW-305 or Air Emission Facility Pern~it No. 14100003 0Ol 14100003~003 by the Permittee shall entitle the City to any and all remedies available at law or in equity. If the City determines that such violation results in a clear and imminent danger mt-eh i$th~ health and safety of the City's residents, the City's remedies shall include immediate cessation of operation or construction, or both, without the necessity of a judicial order in advance of the same. In all other instances, the immediate cessation remedy shall be preceded by a judicial order. A revocation or suspension of this Permit shall be only as to the violating component of the Facility, not as to the components not in violation. Co If any portion, section subsection, sentence, clause, para~aph, or phrase of this Pennit is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the Permit. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Permit. To be binding, amendments or waivers shall be in writing, signed by the Pem'fittee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Permit shall not be a waiver or release. Notices: Required notice to the Pennittee shall be in writing, and shall be either hand delivered to the Pennittee, its employees or agents, or mailed to the Pernnittee by certified or registered mail at the following addresses: s: ~ b&,z \, stever ~ nrgcup, doc 7 Elk River Resource Recovery Facility 10700 165th Avenue N.W. Elk River MN 55330 Attention: Plant Manager GRE ATTN: Manager, Elk River Station 17845 U.S. Highway 10 Elk River MN 55330-0800 Notice to the City shall be in writing, and shall be either hand delivered to the Building and ~~ronme~ Administrator, or mailed to the City by certified or registered mail in care of the Building and v^_;__ En~l¢~ental Administrator at the following address: City of Elk River 13065 Orono Parkway NW PO Box 490 Elk River MN 55330 Attention: Building and ~ ~nv~roni~i Administrator 23. Review: The terms and conditions of this Permit and compliance by the Permittee shall be subject to review by the City every r~,,~,, .... ~ .r..,~o ....... c..~,~,, +~.~ ~,~ ~r+~ ....~ ........... , City .......... ~ ........... ~, . The rescues the right to revoke, amend, or impose additional conditions on the Facility or the Pennittee at such time t~ing into account the advancement of scientific ~owledge relative to the health effects of the Facility, the P ennittee's de~ee of compliance with cu~ent Permit conditions, and the clStefia and st~dards of the City Code and Mi~esota law. The undersigned, on behalf of the respective Permittees, jointly and severally, represent and bind their respective Permittees to the ten~ns of this Permit, having fully examined this Pennit and all materials referred to herein and agree to all the conditions set forth. Each person signing below on behalf of a Permittee does so upon the authority is attached hereto. ,r-~; ......... ~ ~,~, .... ;~, .......... ~.^~ +~.~ s: Nb&zN stever \nrgcup.doc 8 PERMITTEE: NRG Dated: By: Its: STATE OF MINNESOTA ) ) COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ~ aaa 2004, by , the a Minnesota corporation, on behalf of the corporation. day of of NRG, Drafted by: Building and Zoning Efi~4r6nlnehtal Department City of Elk River s: N b&z'\ stever xx nrgcup, doc 9 CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE NRG WASTE PROCESSING FACILITY This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City), pursuant to Sectic, n 604 ~apibf 38 ~i¢ie ~I! (the Solid Waste Facilities Ordinance) of the City of Elk River Code of Ordinances (the City Code) to NRG (Licensee) for the establist~nent and operation of a Waste Processing Facility (the Facility) upon the property legally described as: The Southwest one-quarter of the Southeast one-quarter (SW1/4 of the SE 1/4) of Section 11, TownShip 32, Range 26, according to Gove~Tmaent Land Survey, except the South 468 feet of the West 495 feet thereof, subject to highway easement of record (the Site). This License authorizes the establishment and operation of a Waste Processing Facility which will process up to a maximum annual average of one thousand, five hundred twenty-six (1,526) tons per day of municipal solid waste (MSW) into refuse derived fuel (RDF), as described in: The Licensee's "Application for a Solid Waste Facility License to Permit the Operation of a Waste Processing Facility" and Licensee's November 28, 1989 application for renewal of the License for the Facility and supplemental correspondence from Licensee to the City dated April 2, 1990, April 17, 1990, July 2, 1990, August 3, 1990 and September 6, 1990; Licensee's November 20, 1991, application for renewal of the License; Licensee's February 1, 1993, application for renewal of the License; Licensee's November 8, 1995, application for renewal of the License; and Licensee's November 2, 1999, application for renewa! of the license; aPpt~at~$~ 'f0~ ~fi~al ~!he license; The Draft and Final Enviromnental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility, dated April 1986, and July 1986; The Combined Air and Solid Waste Permit No. 14100003-001 14100003z 003 for an Air Emission Facility, Air Pollution Control Equipment, and Solid Waste Processing System, and Permit for the Construction and Operation of a Waste Processing Facility, No. SW-305 (collectively II. III. refen'ed to as the MPCA Permit), issued by the Minnesota Pollution Control Agency (MPCA). This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes of: 1. Satisfying the standards set forth in the Elk River City Code of Ordinances, 2. Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and 5. Preventing land, water, or air po'llution. Requirements and Conditions: Incorporation of Plans and Application Materials. Construction and operation of the Facility shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which are hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual information, or representations made by the Licensee to the City or MPCA shall be deemed to be a violation of this License. Submission of Final Plans. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. Incorporation ofMPCA Pemait. The ten,ns and conditions of the MPCA Permit are specifically incorporated into this License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Operating Conditions," "Special Operating Requirements," and "General Conditions: of the MPCA Permit and that portion of the MPCA Permit denoted "Permit No. SW-305." Any violation of the MPCA Penrtit will constitute a violation of the terms of 2 this license. Licensee shall notify the City immediately of any violation of the ten]ns, conditions, or requirements of the MPCA Pen]nit, and shall advise the City as to what steps Mil be taken to correct said violations. Incorporation of Amendments to MPCA Permit. No amendment or change to any term, condition, or requirement of the MPCA Pen]nit shall be incorporated into the License or become effective with respect to this License until the City has received notice of the proposed amendment and has specifically consented thereto by amending this License to incorporate the MPCA Permit Amendment. Reporting Requirements. Copies of all plans, studies, reports, and other materials required to be submitted to the MPCA by Licensee shall be filed with the City, unless the City Building and gom-~ EnVironmental Admi~rato~ or his designated representative specifically notifies Licensee in writing that copies of specific documents will not be necessary. Materials, which must be provided unless declined, include, with limitation, all plans and specifications; Operations Reports; residue management plans; annual residue reports; contingency disposal plans; and waste composition studies. Incorporated of Solid Waste Facilities Ordinance. The Facility and Licensee must at all times fully comply with the requirements of Scctic, n 604 ~har~e~ 5~i ~i~}~: IIi of the City Code, including specifically Sectmns ,,,,~.~ ~,j an,. t,2 Any v~olat~on of the C~ty Code will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such isolation and shall advise the City as to what steps will be taken to correct said violations. Incorporation of City Zoning Ordinance and Conditional Permit. The Facility and Licensee must at all times comply with the terms and conditions of the conditional use permit issued for the facility (the "CUP") and with the City's Zor2ng Land De~!°plnent Regulati0ns Ordinance, including the perfOrmance standards set forth in ~';^~ cmn ~ Di~i:~i~ 5! S~di~i~i0n ¥ thereof. Any violation of the CUP or the Zoning Ordinance will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. Hazardous and Dangerous Wastes. There shall be no processing of hazardous or dangerous waste at the Facility. Temporm'y storage of Hazardous and Dangerous Wastes shall be allowed as provided by ^~*;~ 604 of the City Code. Licensee shall notify the City immediately upon the discovery, release, or spill of any hazardous or dangerous waste at the Facility and shall advise the City what steps will be taken to contain and clean-up any release or spill of such waste. The 3 specific requirements of how, when and how to notify at the City will be set forth in a separate letter from City staff to Licensee, as provided in the CUP. Licensee shall develop a plan for identifying hazardous and dangerous wastes and the generators of such waste. This plan shall include, at a minimum, the following elements: ^) B) Licensee shall thoroughly inspect a minimum of tkn'ee (3) MSW loads per week (average) selected on a random basis. This inspection shall include opening and inspecting every garbage bag in each load and all other containers. Licensee shall submit to the City a quarterly report containing, at the minimum, the following information of each load inspected: (i) (ii) (iii) (iv) (v) (vi) The hauler and' truck number of the load; Any hazardous or dangerous waste found in the load Licensee's efforts to identify the generator of any hazardous or dangerous waste found in the load. The identity, if known by Licensee, of the generator of any hazardous or .dangerous waste found in the load; The actions which Licensee is taking against the generator and hauler of any such hazardous or dangerous waste found in the load; Licensee's record of disposal of any hazardous or dangerous waste found in the load. c) Licensee shall advise the City Building and~,,,,l,sT^~:~ E~ii en~al Administrator, if requested, when these loads are being inspected and the City shall have the right to have its personnel on-site to observe the inspection process. Licensee shall develop, for City approval, a dust control plan, including maxirnum allowable levels of dust in the air and on surfaces at the Facility; and shall schedule, on a regular basis, down tirne for dust control pursuant to the plan, major repairs and cleaning of the Facility. City shall have the right to thoroughly inspect the Facility for dust control, cleanliness and compliance with the other tenxls of this License during Such down time. E) To further ensure compliance with restrictions in this C~ap~:581 ~icl 'Iii of the License, and in c.~,;~ a,~ City Code of Ordinances, on the handling and processing of hazardous and dangerous wastes, and to protect the public health, safety, and general welfare of the citizens of Elk 4 River, the City shall have the fight, upon thirty (30) days notice to Licensee, to have an inspector at the Facility twenty-four (24) hours a day. These inspectors shall have the fight of access to all areas of the Facility, twenty-four (24) hours a day, for the purposes of inspection to ensure compliance with all of the ten'ns and conditions of this License, the conditional use permit for the Facility, and 8eeC4en-604 CfiaPtd~ 581At'ti~i~ iii of the City Code. The on- site City inspector shall have the fight at any time to take one or more of the following actions: (i) (ii) (iii) Order a load of MSW inspected, pm-suant to the procedures set forth above; Order the Facility cleaned, if a violation of the dust control plan is observed; or Order the Facility shut down if necessary to bring it into compliance with the dust control plan or any other terrn or condition of this License, the conditional use permit for the Facility, or ........... Chapter ~8! ~i~i~ :~I of the City Code. RDF and Reject Disposal. All Mixed Municipal Solid Waste not burned, including unburned RDF, RDF process Rejects and RDF Residues, shall be disposed of in strict compliance with the requirements of See-he-n-604 Chapfer ~8! ArtiCle !II of the City Code and Chapter 7035 of Minnesota Rules. 10. RDF Truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, unless otherwise approved or directed by the Building and Zc~ning En~n~e~al Administrator and his/her designees, all RDF hauling trucks transporting RDF from the Facility to the GRE Waste Burning Facility shall use the following routes: (1) from the facility via 165th Avenue to Highway 10 and from Highway 10 directly into the GRE Facility; or (2) from the Facility via 165th Avenue to Highway 10, Highway 10 to Main Street, Main Street to UPA GRE Drive, and from UPA G~E Dfive into the GRE Facility. RDF trucks returning from the GRE Facility directly onto Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Avenue, and from 165th Avenue directly into the Facility. Incoming and outgoing traffic from the Facility shall be controlled by the Licensee in such a manner as to provide orderly and safe ingress and egress and so as not to impede or interfere with general traffic. 11. Processing and Storage Areas to be Fully Enclosed. All MSW and RDF receiving, processing, and storage areas at the Facility shall be fully enclosed. Adequate facilities shall be provided to insure that under no X 12. 13. 14. 15. circumstances will there be any exterior storage of MSW or RDF, except in enclosed trailers or trucks. Licensee shall create ah 20-fae, t ~d~q~at~ fire break between the conveyor on the tipping floor of the Facility to the garbage on the tipping floor. All RDF haul trucks leaving the facility shall be securely covered so that no RDF or other matter may escape. Hours. The Facility may operate twenty-four (24) hours a day on a * .......... ~-~:~ The City reserves the right to restrict the hours of f th ility ..... ~ D,,~: .... ,, ..... if i ti fr operation o e Fac to ........................ no se emana ng om the Facility to surrounding residential properties is unacceptable. Receiving and transporting MSW and rejects at the Processing Facility may take place twenty-four (24) hours a day. However, the City reserves the right to restrict further the hours of receiving and transporting MSW at the processing facility if necessary to protect the public health, safety, or general welfare. RDF may be transported twenty-four (24) hours a day, ~ ~,^,:~ ........ ~,~_4 Licensee shall provide an area at the Facility for disposal of solid waste by individual citizens and shall, in cooperation with the City Council designate one night of the Monday through Friday week when individual citizens may enter and exit the Facility until 8:00 p.m. Open top trailers shall be allowed for public drop-off of solid waste, but shall be covered at all times when the public drop-off is not open. Licensee shall also advertise on at least a quarterly basis the availability of this public drop off facility and the fee charged for it, and shall cooperate with the City in recycling efforts. Wash Water and Storm Water Run off. All truck and facility wash water shall be diverted and captured in a retention tank so it does not enter the groundwater system. Captured wash down water shall be disposed of as required by the MPCA, and shall not be disposed of in the City's Waste Water Treatment Plant. Licensee shall also test storm water run-off captured in the on-site retention/detention pond, and shall provide written reports on these test results to the City, as provided in the rain water run- off sanapling plan submitted by Licensee. If the required tests indicate water quality problems in rain water run-off, Licensee shall submit to the City for approval a plan for addressing such problems and shall implement such solutions as are required by City. Security and Litter Control. The Facility shall be enclosed by a minimum six foot and no more that eight foot high chain link fence. Licensee shall engage in a regular and routine litter maintenance and removal prog-ram as required by the CUP. Signage, Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility, the MPCA Penrfit number and stating the hours and days the Facility to is open for public use. 16. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by geetioi¥604 of the City Code. 17. Inspections. Licensee shall make the Facility available for inspections as S ....... a,~ of the City required by the CUP and Code. 18. Insurance and Bonding. This License shall not take effect until the insurance and bonding requirements set forth in Section 604d--2-- 585127 of the City Code have been complied with. 19. Expiration and Renewal. This License shall expire on January 31, _-2004 2008, as provided by 8eetion--64M. Ch~t~i~81 ~icl¢ iii of the City Code. Renewal of this License shall be governed by the procedures and requirements of Section[s] 604d-4 58!128~ 58 i~9 End 58¢130 of the City Code. 20. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth in Section 604 ~ap~ ~i ~i~ I~i o f the City Code. 21. Violations. Any violation of terms and conditions of this License shall also be considered a violation of geer4op,-6~ Chap~ 5:8~ A~icie iI1 of the City Code and, in addition to suspension or revocation of this License as provided in Section 604:M-4 58~!3© of the City Code, the City may Proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 604-34 58,I0~ thereof. 22. Indemnification of City. Licensee shall defend and hold the City, its officers; and employees hanrfless from all claims made by third parties for damages sustained or costs incun'ed resulting from Facility approval, construction, and operation. The Licensee shall indemnify the City, its officers, and employees for all costs, daunages, or expenses which the City rnay pay or incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occulTence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees, until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial deten'nination, the City shall reimburse the Licensee all of its costs and 7 expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the perfom~ance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. 115b.01, et. seq. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This inde~rmity, hold harmless, and defense obligation of the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 23 are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. 23. Waiver and Claims. The Licensee waives and releases the City fi'om all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. 24. Costs. The Licensee shall reimburse the City for all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in c~:~ r.,~ ~aP~er ~i ar{i~i~ ili of the City Code. Failure by Licensee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which rein~bursement is required by the terms of this License or the Conditional Use Permit for the Facility, shall be cause for revocation of this License. 25. License Binding, This License and its conditions shall be binding upon Licensee and its successors and assigns. The assigmnent by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be um'easonably withheld. 26. Severabilit¥. If any portion, section, subsection, sentence, clause, paragraph, or p?n'ase of this license, the CUP, the MPCA Permit or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the License. 8 27. Amendments or Waivers in Writina. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this License. To be binding, amendments or waivers shall be in writing, signed by the Licensee, and approved by written resolution of the City Council. The City's £ailure to promptly take legal action to en£orce thL~ License shall not be a waiver or release. 28. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following address: Elk River Resource Recovery Facility 10700 165th Avenue NW Elk River MN 55330 ATTN: Plant Manager Notice to the City shall be in writing, and shall be either hand delivered to the Building and ~ En~ir0mnenta! Administrator, or mailed to the City by certified or registered mail in care of the Building and ~ ~nvimnm~ntal Administrator at the following address: City of Elk River 13065 Orono Parkway PO Box 490 Elk River, MN 55330 Attention: Building and geeing Efi~dr~mn~n~al Administrator IV. This License will take effect when all of the conditions precedent to the issuance of the License have been met and Licensee, or its duly authorized representative, has executed this License indicating Licensee's consent to all of the terms and conditions of the License, the Conditional Use Permit for the Facility, and S ....... ~:~" ,50~, of the City Code. In no event shall operations at the Facility commence until all of the terms, conditions and requirements contained in or incorporated into this Licensee have been met, including all required test, reports, and inspections. Dated: By: Stephanie A. Klinzing, Mayor By: Stephen Rohlf, Building and Zoning Envir0mn~n~al Administrator 9 CONSENT OF LICENSEE The undersigned duly authorized representative of NRG, the Licensee under this License, on behalf of the Licensee, represents that Licensee has fully examined this License, the Conditional Use Permit for the Facility, and Section !II of the City Code; and that Licensee consents to each and every condition contained in or incorporated into the License, the CUP, and the City Code. Each person signing below on behalf of the Licensee does so upon the authority of the Board of Directors of the Licensee, and a resolution documenting such authority is attached hereto. LICENSEE: NRG By: Its: By: Its: s :\b&z\stever\nrglic.doc lO AMENDED CONDITIONAL USE PERMIT NO. 87-10 For Great River Energy (GRE) Waste Burning Facility This Amended Conditional Use Permit No. 87-10 was approved by the City Council of the City of Elk River on February 9, 1987, and amended by the City of Elk River on December 17, 1990, January 27, 1992, January 18, 1994, January 15, 1996, and December 20, 1999, subject to the following temps: This Amended Conditional Use Pern~it No. 87-10 (the Permit) is for the construction and operation, on the property identified in Exhibit A attached hereto, of the~ ~:+~ r) ....... ^ ....;~:^~ G~at ~; En~rg~ Waste Burning Facility as described in the Draft and Final Enviromrtental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility dated April 1986 and July 1986; and as described in [he Combined Air and Solid Waste Permit No. ~ 14100003:003:: ~8 a!l ap~li~abi~ an~hdm~fiis for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System and Permit for the construction and operation of a Waste Processing Facility and System, No. SW-305 issued by the Minnesota Pollution Control Agency (MPCA); and as described in (1) "Response to RDF Information Sheet Issued by the Concerned Citizens Against the Proposed Garbage Project," transmitted to the City by con'espondence dated July 24, 1986; and (2) "Responses to the City of Elk River Concerns" transmitted to Mayor Richard Hinkle on August 19, 1986; and (3) correspondence frorn permittee to Mayor Richard Hinkle dated October 13, 1986; and as described in the application of United Power Association (Pennittee) for a Solid Waste Facility License to permit the operation of a Waste Burning Facility (the Facility); and in the November 30, 1989, November 13, 1991, November 30, 1993, November 22, 1995, and November 2, 1999 ~3 DeCember 20~3 applications of Pennittee for renewal of the Conditional Use Permit for the Facility; and as further described in correspondence from Pennittee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987, and in correspondence fi'om Penrfittee to the City dated March 22, 1990, July 6, 1990, and November 20, 1991; all of which have been provided to the City in support of the application for this Conditional o ° Use Permit and collectively describe the Waste Burning Facility authorized by this Permit. Construction or operation in violation of any of the material statements of fact, factual information, or representations in the referenced documents shall be deemed to be a violation of this Penrfit and all such documents are considered to be and are hereby made a part of this Perrnit. Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Facility shall be provided substantially in accordance with the plans submitted by the Permittee and hereby made a part of this Permit. All utility and street construction plans and specifications as presented by the Pennittee for the Facility and servicing streets must be prepared by a Registered Civil Engineer in accordance with directions of and as approved by the City Engineer. All building plans and specifications must be approved by the City Building Inspector and Fire Chief. Approval of driveway entrances or exits, if needed, on State and County highways shall be secured from the appropriate agencies and filed with the City ~ ~l~ng ~ ~m~2en~al Administrator prior to issuance of any building permit. The City shall have the right of access to the Facility and site. The City need not give prior notice to the Penrdttee for designated personnel to access the Facility or site during the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, or if any emergency occurs. At any other time, at least twelve (12) hours prior notice to the Permittee is required. Such Aetccess shall be administered in accordance with the Pennittee's safety ~tandards, ~ati~nal_H~m~iand Se~m'i~ ml~:an~'re~ulat~ons and proprietary infomaation requirements, and shall not interfere with the Permittee's ability to perform its contractual obligations. All employee or visitor motor vehicles associated with Facility operation shall be parked on Facility property or on adjacent property owned by the Pem2ittee, but not on adjacent lands not owned by Pennittee or on adjacent streets. Adequate facilities must be provided to ensure that no vehicle delivering RDF to the Facility will have to wait outside the perimeter of the Facility site. The City shall be notified by the Pennittee immediately upon the release or spill of hazardous materials at the Facility; and of any violations of the conditions of the Pel-mit, Air Emission Facility Pem~it No. X 10. 11. 12. 13. 14. 15. 16. This Pern-dt authorizes burning at the Facility of up to 1,050 tons per day of RDF as a .... .......... 4,~ : ........... ..... s,~ Using a ] 27mon~;;: ro~!~Bg ~el ag .~ All RDF and Ash-hauling truck traffic must enter the Facility site directly ~Tr~ ^ r,,-~,,~ G~eat R1~ef Ener~ fi-om Highway 10, Highway 169, or D~e; and must exit the Facility directly onto Highway 169, unless 0the~wvise approved or directed by the Building and ZCn~ng E~if°mn~ntal Ad i i hi & d ig thc n~,, ~r .... ~,~;~ ........ ~,x ...... a ....... z .......... All ash or other haul trucks leaving the Facility shall be securely covered so that no ash, or other paniculate matter may escape. Final plans and specifications for the Facility must be reviewed and approve by City staff and/or consultants prior to the issuance of a building permit for the Facility. No RDF or Ash trucks may be washed at the Facility. RDF receiving and handling areas in the Facility shall be fully enclosed to control odor and noise and sprinkled. The doors to the RDF receiving building shall remain closed at all times, except when trucks are entering or leaving, and RDF shall be moved from the receiving building to the burners as quickly as possible to control odors. If, in the jud~nent of City staff, odors m/grating off the facility site continue to be unacceptable, staff may direct Pennittee to deodorize. City staff may also direct Permittee to take such steps as may be necessary to control noise emanating from the Facility, including placement of mufflers on exhaust vents and stacks. The Facility shall undertake no burning of RDF until all appropriate items in this Permit and the building pennit are completed and finally inspected by the City of Elk River Zcnina Buiid~fig and En~ir0~ent~l Administrator and a written certificate of occupancy has been issued. The Pern'tittee shall engage in a regular and routine litter maintenance and removal program extending to areas on and off the Facility site adversely impacted by debris related to Facility operations, as may be detenrdned by the City. The Permittee shall reimburse the City for any and all expenses associated with Facility-related improvements to any city streets used by vehicles transporting RDF or Ash which serve as primary access to the Facility. The Pennittee shall also reimburse the City for all patching and repair expenses in excess of the City's norn~al street maintenance program for such streets. 17. No exterior storage of RDF or Ash shall be allowed. RDF which is burning or smoldering when it arrives at the Facility may be temporarily deposited outside, in an area approved by City staff, for the purpose of putting out the fire. The designated fire fighting area shall be hard surfaced and diked if there is evidence of fire suppression water runoff to unpaved drainage areas. 18. The Permittee represents and wan'ants to the City that the Facility shall at all times comply with the performance standards descriptions and representations made in the Permittee's application for a Solid Waste Facility License to permit the operation of a Waste Burning Facility and in the correspondence from the permittee to John Klovning dated January 23, 1987, and with all applicable city, county, sate ~tate, and federal laws and regulations, including without limitation, enviromnental laws and regulations. 19. The establis?unent and operation of the Facility shall at all times fully comply with the tern~s and requirements of this Permit and with the terms, requirements and conditions of ........,,,,~ar~A : of the City Code and the Solid Waste Facility License issued by the City for the Facility, including any requirements and conditions of said 8eetieh,,~CM ~haP~e~ 3g ~{~!~ ~i and/or said license which are not specifically set · forth in this Permit. 20. All Ash shall be permanently transported out of the City except that portion, if any, which is attributable to solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash and residue disposal shall strictly comply with the requirements of~ Chapter,58;,i~cle III of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be pemaanently deposited in solid waste management facilities which have been specifically designed for Ash disposal; which have been 'approved by the Minnesota Pollution Control Agency for Ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated at the Site. Any reuse of,ash and ,resiclue~ shall::be subject ~to approval.of the MinneSotaPollution Control Agency and be in compliance with :all applicable rules and regulations. 21. Responsibility for Costs: The Pem~ittee shall pay all direct costs incun'ed by it or the City in conjunction with the application for this Permit and the development, operation, and regulation of the Facility, including without limitation legal, planning, consulting, engineering, and inspection expenses (including a reasonable charge for City staff time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction and operation of the Facility, except those costs and expenses normally covered by the building permit fee. The Permittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Permittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is deten.nined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold han.nless and indemnification provisions shall be in full force and effect and in the event of such judicial deten.nination, the City shall reimburse the Permittee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Permittee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Pen.nittee and any of the participating counties or their con~.nissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Pen.nittee, from any strict liability imposed upon the City pursuant to Minn. Stat. § 115B.01, et.seq, for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This inde~rmity, hold han.nless, and defense obligation on the part of the Pennittee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the ~anting of this Pen'nit for the Facility. The indemnities provided in this paragraph B are sub.iect to the limits of liability set forth in Mi~mesota Statutes Sections 46.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this Permit is 22. intended to waive the immunities to which the City is entitled by law. The Permittee waives and releases the City frolT1 all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the Permit. The Permittee shall reimburse the City for all costs incurred in enforcement of this Peri'nit, including consultant and attorneys' fees. Failure by Permittee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit or the License for the Facility, shall be cause for revocation of this Penmt. Miscellaneous: mo This Pem~it and its conditions shall be binding upon the Pennittee and its successors and assigns. The assigmnent by the Perrnittee of its interest in the Facility shall not relieve it of responsibility and liability under this Permit without the written consent of the City, which consent shall not be unreasonably withheld. Violation of the terms of this Permit or of MPCA Permit No. SW- 305 or Air Emission Facility Permit No. ~ 14100003~ 003 or NPDES Penrtit No. MN0001988 by the Pennittee shall entitle the City to any and all remedies available at law or in equity. If the City detennines that such violation results in a clear and imminent danger to the health and safety of the City's residents, the City's remedies shall include immediate cessation of operation or construction, or both, without the necessity of a judicial order in advance of the same. In all other instances, the immediate cessation remedy shall be preceded by a hearing as provided by City ordinance. Co If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Penrtit is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the Permit. Do The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Permit. To be binding, amendments or waivers shall be in writing, signed by the Permittee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Permit shall not be a waiver or release. 23. Notices. Required notice to the Penrdttee shall be in writing, and shall be either hand delivered to the Pennittee, its employees or agents, or mailed to the Pemfittee by certified or registered mail at the following address: GRE ATTN: Manager, Elk River Station 17845 U.S. Highway 10 Elk River, Minnesota 55330-0800 Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the Building and~,~***,~v~";~-Efi~Omneh~al Administrator at the following address: City of Elk River 13065 Orono Parkway NW PO Box 490 Elk River, Minnesota 55330 Attention: Building and ~ En~i~6~h~ Administrator 24. Review. The temps and conditions of this Pemfit and compliance by the Pennittee shall be subject to review by the City 2008 cvc~5' c .... ;~ ycars ~-~'~ ~*'~ ~,z~;~, ~ of~ prior ......... ~ The Cit reserves the right to revoke, amend, or impose additional conditions on the Facility or the Pea~ittee at such time taking into account the advancement of scientific knowledge relative to the health effects of the Facility, the Pemfittee's degree of compliance with cun-ent Permit conditions, and the criteria and standards of the City Code and Minnesota law. The undersigned, on behalf of the Pennittee, represents and binds Pennittee to the tenns of this Pemfit, having fully examined this Pennit and all materials refen'ed to herein and agrees to all the conditions set forth. Each person signing below on behalf of the Pen~ittee does so upon the authority of the Bo~d of Directors of the Pe~ittee, and a resolution documenting such authority is attached hereto. ~;, ...~ ........... ~ ~, ~,~ ~.~.~u cxpirc *, .... ~,~ ~ PERMITTEE: GRE By: Its: STATE OF MINNESOTA ) ) COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of .... , , the of Great River Energy, a Minnesota corporation, on behalf of the corporation. Notary of Public THIS INSTRUMENT WAS DRAFTED BY: Building and v^~;~. EhW~$nm~l Department City of Elk River CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE GREAT RIVER ENERGY (GRE) WASTE BURNING FACILITY This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City), pursuant to Scctic, n 60~, Crater 58, Article III (the Solid Waste Ordinance) of the City of Elk River Code of Ordinances (the City Code) to GRE (the Licensee) for the establis?nnent and operation of a Waste Burning Facility (the Facility) upon the property legally described in Exhibit A to this License (the Site). II. This License authorizes the establis?unent and operation of a Waste Burning Facility which will bum a maximum of one thousand fifty (1,050) tons per day of refuse derived fuel (RDF) as amc, ntk~ly as described in: .1. o Licensee's Application for a Solid Waste Facility License to Permit the Operation of a "Waste Burning Facility" and supplemental correspondence from Licensee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987; Licensee' s November 30, 1989, application for renewal of the License for the Facility; Licensee's November 13, 1991, application for renewal of the license and supplemental correspondence fi'om Licensee to the City's Consultant dated November 20, 1991; Licensee's November 30, 1993, application for renewal of the License; Licensee's November 22, 1995, application for renewal of the License; and Licensee's November 2, 1999, application for renewal of the License,' and; Licensee ~s December t9,1 2003 apphcatlon for ~hb~! ~L!~n~ including all attacl'nnents thereto; The Draft and Final Enviromnental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility, dated April 1986, and July 1986; The Combined Air and Solid Waste Penrtit No. ~ 1410000, 003 for an Air Emission Facility, Air Pollution Control Equipment, and Solid Waste Processing System, and Permit for the Construction and Operation of a Waste Processing Facility, No. SW-305 (collectively referred to as the MPCA Permit), issued by the Minnesota Pollution Control Agency (MPCA). This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes of: Satisfying the standards set forth in the Elk River City Code of g 8ec-t4eh,~o04 Ordinances, includin and ^ '-~; ~ ~ T¥ cha~t~t ~0 thereof; Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and 5. Preventing land, water, or air pollution. III. Requirements and Conditions: Incorporation of Plans and Application Mater/als. Construction and operation of the Facility shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which are hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual information, or representations made by the License to the City or MPCA shall be deemed to be a violation of this Permit. Submission of Final Plans. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. Incorporation of MPCA Permit and Regulations. The terms and conditions of the MPCA Permit and all MPCA Regulations applicable to the Facility are specifically incorporated into the License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Special Conditions; .... Special Conditions Relating to DJ and Solid Waste;" and "General Conditions" of the MPCA Permit. Any violation of the MPCA Permit or any MPCA Regulation will constitute a violation of the tenrts of this License. Licensee shall notify the City immediately of any violation of the ten]ns, conditions, or requirements of the MPCA Penrtit or MPCA Regulations, and shall advise the City as to what steps will be taken to correct said violations. Incorporation of gnnendments to MPCA Permit or Regulations. No amendment or change to any term, condition, or requirement of the MPCA Permit or Regulations shall be incorporated into this License or become effective with respect to this License until the City has received notice of s :",b&z",slev cr,upalic.doc 2 the proposed mnendment an has specifically consented thereto by amending this License to incorporate the MPCA Pen2it Amendment, except those amendments which impose stricter perfonT~ance, perfomqance standards, testing or reporting requirements on the Facility. Reporting Requirements. Copies of all plans, studies, reports, and other materials required to be submitted to the MPCA by Licensee shall be filed with the City, unless the City Building and ~ Enviromnental Administrator or his designated representative specifically notifies Licensee in writing that copies of specific documents will not be necessary. Materials which must be provided unless declined include, without limitation, all plans and specifications; performance testing and monitoring results; testing and monitoring plans; the ash management program, including the ash disposal plan and ash evaluation reports; and all emission inventory reports. Incorporation of Solid Waste Facilities Ordinance. The Facility and Licensee must at all times fully comply with the requirernents of Scctic, n 604 ~ha12t~f ~8 X~1~I~ I~i~ -., of the ~ity Code, including specifically Sections ...... ~ .... ~,; 58-19~ and 58,I94. Any wolat~on of the C~ty Code will constitute a violation of the tenns of the License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. Incorporation of City Zoning Ordinance and Conditional Permit. The Facility and Licensee must at all times comply with the terms and conditions of. the conditional use perrnit issued for the Facility (the "CUP") and with the City's Lzoei~ ~hd De~ei;~men~ R~g~i~ti°n~ Ordinance, including the performance standards set forth in Scctie, n cm~ .~ Di~i~i~ 5~ Subdi~isi~n V thereof. Any violation of the CUP or the Zoning Ordinance will constitute a violation of the temps of the License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. Performance Testing. In addition to all testing and monitoring required by the MPCA Permit, Licensee shall test the emission levels from the Facility of Polychlorinated Dibenzo-p-Dioxins (PCDD) and Polychlorinated Dibenzofurans (PCDF) (Dioxins and Furans) and the following heavy metals every twelve (12) months: arsenic, beryllium, cadmium, chromium, lead, mercury, nickel, and selenium. Hazardous and Danaerous Wastes. There shall be no burning of Hazardous or Dangerous Waste at the Facility. Temporary storage of Hazardous and Dangerous Wastes shall be allowed as provided by Scctic, n ~04-Chapter 58, A~icle Iii of the City Code. Licensee shall notify the City immediately upon the release or spill of any hazardous or dangerous waste at the Facility and shall advise the City what steps will be taken to contain and clean-up any such release or spill. 10. Storage Areas to be Fully Enclosed. All RDF receiving, handling, and storage areas at the Facility, shall be fully enclosed and sprinkled, including the pit in the receiving building, the hood over the conveyor in the receiving building, and the entire RDF conveyor from the receiving building to the burners. Adequate ash storage facilities shall be provided to insure that under no circumstances will ash be stored in anything but fully enclosed structures. The ash load-out building shall be constructed as shown on the plans approved by the City on September 26, 1991. Ventilation and filters shall be provided for this building sufficient so that ash pm'ticles are not being exhausted outside the building. All ash and other haul trucks leaving the Facility shall be securely covered so that no ash, residue, or other particulate matter may escape. 11. Ash Disposal. All ash shall be permanently transported out of the City except that portion, if any, which is attributable to municipal solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash disposal shall strictly comply with the requirements of 8eetiem--64~ ciiap~er 58 Article ~ of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for ash disposal; which have been approved by the Minnesota Pollution Control Agency for ash disposal; and which are equipped with a line and leachate collection system adequate to collect all leachate which may be generated at the Site. X 12. RDF and Ash truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, all trucks hauling RDF to the Facility from the NSP Waste Processing Facility shall use the following routes: (1) from the NRG Facility via 165th Avenue to Highway 10 and from Highway 10 directly into the Facility; or (2) from the NRG Facility via 165th Avenue to Highway 1 O, Highway 10 to Main Street, Main Street to UPi~ G~E Drive, and from UPA ~ Drive into the Facility. RDF trucks returning fi'om the Facility to the NRG Facility shall use the following route: From the Facility directly onto Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Avenue, and from 165th Avenue directly into the NRG Facility. All ash and other hauling truck traffic must enter the Facility directly from Highway 10, UPA Drive, or Highway 169; and must exit the Facility directly onto Highway 169. As needed, routes other than those deschbed above may be approved or ordered by the Building and Zoning Administrator and his/her designees. RDF s:",b&z" slever"upalic.doc 4 13. 14. 15. 16. 17. 18. 19. 20. Incoming and outgoing traffic from the Facility shall be controlled by the Licensee in such a manner as to provide orderly and safe ingress and e~-ess and so as not to impede or interfere with general traffic. Signage. Licensee shall erect and maintain at each entrance to the Facility a penuanent sign stating the name of the Facility and the MPCA Permit number. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by 8eet4em604 Gbapi~:58, ~iale II! of the City Code. Inspections. Licensee shall make the Facility available for inspections as required by the CUP and Scction 69~. Chapt~ 58i Article III of th City Code. Insurance and Bonding. The License shall not take effect until the insurance and bonding requirements set forth in Section 6(14d~_ 58~127 of the City Code have been complied with. Expiration and Renewal. This License shall expire on January 31, 24X~4 2008, as provided by e~,;~_ ~ iiI of the City Code. Renewal of this License shall be governed by the procedures and standards set folXh in Section[~] 604d4 58!128; of the City Code. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth in ~*:~ 604 Chapie~ 58i Article ~i of the City Code. Violations. Any violation of the tel-ms and conditions of'this License shall also be considered a violation of ........... Ch: 58 iX~iCl~ I~I of the City Code and, in addition to suspension or revocation of this License as provided in Section 604-_t4 ~8~130 of the City Code, the City may proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section ~ 58~t03 thereof. Indemnification of Cit,v. Licensee shall defend and hold the City, its officers, and employees hamnless from all claims made by third parties for damages sustained or costs incun-ed resulting from Facility approval, construction, and operation. The Licensee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect fi'om and after the date that the occurrence giving rise to the s: h&:×,,slcx cr upalic,doc 5 21. 22. 23. claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial detenuination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees fi'om any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. ~ 115B.01, et.seq, for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 20 are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. Waiver and Claims. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. Costs. The License shall reimburse the City of all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in 8eetiem-604 (2hapter.58; An'ticl~ I!I of the City Code. Failure by Licensee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the temps of this License or the Conditional Use Penrfit for the Facility, shall be cause for revocation of this License. License Binding. This License and its conditions shall be binding upon Licensee and its successors and assigns. The assigmxaent by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be um-easonably withheld. s: ,b&z,,steverxupalic.doc 6 IV. 24. Severabilit¥. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this License, the CUP, the MPCA Permit, or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the License. 25. Amendments or Waivers in Writing. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this License. To be binding, amendments or waivers shall be in writing, signed by the Licensee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this License shall not be a waiver or release. 26. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following address: GRE ATTN: Manager, Elk River Station 17845 U.S. Highway 10 NW Elk River, Minnesota 55330 Notice to the City shall be in writing, and shall be either hand delivered to the Building and -z-omeg ~vimnnae~t~l Administrator at the following address: City of Elk River 13065 Orono Parkway NW Elk River, Minnesota 55330 Attention: Building and,~,,,,~,~'~;"~ Efi~nt~i Administrator This License will take effect when all of the conditions precedent to the issuance of the License have been met and Licensee, or its duly authorized representative, has executed this License indicating Licensee's consent to all of the terms and conditions of this License, the conditional use permit for the Facility, and ^~*:-~ ~ ¢~ap~er 58! ~icl~III of the City Code. In no event shall operations at the Facility commence until all of the terms, conditions and requirements contained in or incorporated into this Licensee have been met, including all required tests, reports, and inspections. s:\b&z\stever\upalic.doc Dated: By: Stephanie A. Klinzing, Mayor By: Stephen Rohlf, Building and ~ Administrator CONSENT OF LICENSEE The undersigned duly authorized representative of GRE, the Licensee under this License, on behalf of the Licensee, represents that Licensee has fully examined this License, the Conditional Use Permit for the Facility, and ~ II! of the City Code; and that Licensee consents to each and every condition contained in or incorporated into the License, the CUP, and the City Code. Each person signing below on behalf of the Licensee does so upon the authority of the Board of Directors of the Licensee, and a resolution docurnenting such authority is attached hereto. LICENSEE: GRE By: Its: By: Its: s: ,b&z,,slcv er'mpalic.doc 8