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6.2. SR 03-15-2004Item6.2. MEMORANDUM TO: Mayor and City Council FROM: DATE: Stephen Rohlf, Building and Environmental Administrator March 15, 2004 ~ SUBJECT: Solid Waste Facility License Renewal and Conditional Use Permit Amendment for Elk River Landfill CU 04-01/P.H. Request Renewal of Solid Waste Facility License (SWFL) and Amendment to Conditional Use Permit (CUP) for the Elk River Landfill Attachments The following attachments are included with this memo: A vicinity map showing the location of the facility Site map for the facility The current CUP and SWFL for the facility Review Both the SWFL and CUP for the Elk River Landfill have very similar language, but legally they serve different functions. A SWFL from the city is required to be renewed and, therefore, may be more easily modified if needed. In this particular case, however, modifications to the language in the CUP are being proposed; therefore, a public hearing for this permit is a requirement and both permits will be considered at your meeting. In the attached CUP and SWFL, language that is proposed to be deleted has a line through it and language proposed to be added is shaded. The City Attorney and city's Landfill Consultant have reviewed the Landfill's CUP and SWFL and concurrence with staff's proposed changes, which for the most part are housekeeping. The Landfill is also in concurrence with the proposed changes. The Landfill is proposing an expansion to their municipal solid waste facility in Elk River in the near furore. This proposed expansion is not of issue with this renewal, which only deals with the current operation. Issues Odor - City staff has received complaints regarding odor associated with the Landfill. The odor observed is not a garbage smell, but rather methane. One possible explanation is an escape of gas due to the increased gas well drilling that has occurred at the Landfill this past construction season. The methane smell may also be associated with the landfill gas-to-electricity plant. The Landfill is looking into this issue. Litter - Litter is an ongoing issue at the Landfill. Staff has recently received phone calls from citizens on this issue. The Landfill practices numerous tactics to control litter, such as erecting litter catching fences and ceasing operations during periods of high winds; however, no litter control method or combination of methods is ever going to totally prevent litter from this operation. This is why city's permits for the facility require routine litter pickup. The Landfill has been good about responding to specific citizen complaints regarding litter. Contamination - The groundwater investigation at the Landfill has been very thorough. A couple of areas of contamination have been identified, possibly from the original unlined cell started in 1972. The city, county, MPCA and the LandfrU have jointly developed an action plan to clean up these areas prior to the contamination leaving the Landfill site. Recommendation The Planning Commission is recommending approval of the renewal of Elk River Landfill's Solid Waste Facility License and amendments to their Conditional Use Permit with the modifications identified in the attached permits. Case Number: Location Map CU 04-01 ELK RIVER LANDFILL CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERMIT THIS AGREEMENT, made and entered into 'and effective this i5~ day of MarCh, 200! 2004 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 a is a wholly owned subsidiary of Waste Management, Inc. a Delaware corporation, provides as follows: WHEREAS, the Permittee owns the real properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill Property), situated in the City of Elk River; and WHEREAS, Permittee has been operating a landfill on the Landfill Property prior to Janua~-y 20, 1987, and is currently operating a landfill at that location (the Landfill); and WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance authorizing the designation of a Solid Waste Facili~ (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 WHEREAS, Permittee's landfill operation on the Landfill Property was a nonconforming use prior to the adoption of the Amendment; and WHEREAS, the appropriate and lawful reg-ulation 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, the Permittee applied for and on July 20, 1998 the City approved an amendment and renewal of the Solid Waste Facility License and Conditional Use Permit to permit construction of additional cells at the Landfill; and WHEREAS, the City Council determined that for reasons related to public health, safety, and welfare the final elevation of the bandfill should be limited to no more than 1120 feet above Mean Sea bevel (MSb); and WHEREAS, the permittee agreed to a final elevation of no more than 1120 MSL; and WHEREAS, the Permittee ~° applied on January 21,1999 t - v ..... ,.~ ......... 9/ ~ ~j to the City for amendment and renewal of the Solid Waste Facility License and Conditional Use Permit to permit the construction of additional cells at the Landfill; and WHEREAS, the Permittee ~o applied on November 19, 2001 e"~ IOl ,.~ .......... / to the City for an amendment of the Solid Waste Facili~ License and Conditional Use Permit to permit the construction of an additional demolition debris cell at the Landfill; 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 opportuni~ to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City- of Elk River, that Elk River Landfill, Inc., is hereby granted an amended conditional use permit for landfill and related operations on the Landfill Property described above, subject to the terms, conditions and qualifications hereinafter stated, to wit: t.) Scope and Conduct of Landfill Operations. The operation of a solid waste landfill may be conducted on the Landfill Property in conformance with existing statuto~, and regulato~ authority and requirements of the City, Sherburne 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; (02) the current Sherburne County Solid Waste Landfill License of the Permittee; (03) the current Cit3z 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 than ! 120 feet above MSL 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. 2.) Scope and Conduct of Related Operations. (01) Recvclin~ Center. The operation of a recycling center on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: 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 count~ 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 3 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 containment area, as approved by staff. Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Permittee shall have a regular schedule for appliance pic.k-up, to be approved by City staff. (02) Yard Waste Compostin,~. The operation of a yard waste composting facility on the Landfill Property may be conducted, if in conformance with ail 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 of the City Code of Ordinances and all applicable federal, state, and county laws, and regulations. (b) The yard waste composting facility shall be located and operated as shown on plans submitted by PermJttee and approved by Oity staff. (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All municipal solid waste must be immediately removed from yard waste and landfilled. , (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum. If odor becomes a problem staff may require more fl-equent turning of compost piles and/or 4 watering to ensure that the compost remains aerobic and breaks down as quickly as possible. The maximum amount of yard waste which may be accepted is t00,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. (h) Yard waste and /or compost may not be used as daily cover for the landfill. (i) That Permittee is in strict compliance with all other terms, conditions and requirements of this Conditional Use Permit, including specifically, but not limited to, the operational and environmental monitoring requirements of sections 4, 6, and 7, and the requirements of sections 17 and 25 to make prompt payment of all fees and costs due to the City. No yard waste may be accepted at the yard waste composting facility if this condition is not complied with. Permittee must immediately stop accepting yard waste upon written notice from the City that there is a violation of this condition. (03) Demolition Debris. The operation of a demolition debris landfill on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the demolition debris landfill shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state and county laws and regulations. (b) The demolition debris landfill cell DC-3 shall be located and operated as shown on the June 2001 Permit Application and August 2001 revisions submitted by the Permittee with city staff approving and having the authority to make decisions on the technical issues involved. 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 shah 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 5 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 alt 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 17 and 25 to make prompt payment of all fees due to the City. No demolition debris may be accepted at the demolition debris landfill if this condition is not complied with. 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 Landfilt Property unless this Permit is first amended to specifically allow such operations and to speci~ the applicable conditions, except mining activities or other operations licensed or permitted separately by City. 3.) Buffer Zone/Screening. A Buffer Zone shall be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the north side. Within this Buffer Zone, no waste disposal may occur. The Landfitt shall develop an inventory of significant trees within the buffer zone. The preservation of trees within the buffer zone shall be included in plans for construction, operation, and closure of the Landfill. Said plans shall be in compliance with the screening plans dated, May 28, 1999 and, which are incorporated into Sherburne County's license for the Landfill. 4.) Specific Additional Operational Requirements. (01) Leachate Transmission Pipesl Permittee shall verify to the CitT evel-y four (4) years that the existing leachate transmission pipes 'ti~ed ~ea~ do not leak. (02) Backup beachate Pumps. Permittee shall maintain backup a pumps for use in the event of pump failure at the leachate sump, wet well and leachate storage tank On-site. or shall maintain provisions for restoring temporary leachate pumping w!,thin a 24-hour period a~d adhere t5 ~e cu~re~ aLe~a~e M~ag~fi~ pian ag ~PPZ69ed by MPCAi (03) Leachate Holding Tank. Permittee shall ensure that the leachate-holding tank is pumped out on a regular schedule. It shall be a violation of this Permit 6 to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate-holding tank being full. (04) Gas Venting System. Permittee shall conduct active landfill gas venting in accordance with approved plans and shall construct additional phases of the venting system at the time of final cover construction. (05) Phase IV Water ©ualitv Monitorin~ Work Plan. The Phase IV Water Quality Monitoring Work Plan which describes the sampling frequency, parameters, protocols and reporting frequency for landfill gas, leachate, leachate piezometers, leachate lysimeter, residential wells, groundwater monitoring wells and surface water shall be updated annually to reflect changes in the monitoring systems. The monitoring plan shall yield adequate information for assessing the effectiveness of the landfill gas control system in decreasing VOC contaminants in the groundwater. The ...... ~ ~,~ ~u ~ .........~ ~ ~ b~,~ +~ ~ (06) Annual Gas Vent System Assessment. Annually assess the effectiveness of active landfill gas venting operations based on the results of groundwater and landfill gas monitoring. Incorporate the evaluation in the MPCA Annual Report for the landfill. (0z3 07) Heaxa, Metal Contaminant Monitoring, and Assessment. Heavy metal contaminants for surface water and groundwater must be addressed in addition to VOC contaminants. Based on the need for additional monitoring to confirm exceedances and identify trends, the Landfill shall continue monitoring and prepare evaluation reports which shall be submitted with the MPCA Annual Reports. (4-0 08) Heavy Metal Contamination Feasibility Study. If hea~' metal concentrations in groundwater and surface water exceed regulatow standards, 7 the Landfill will be required to conduct a Feasibility Study and submit it to City staff on schedule determined by City staff. (44- ~9) Construction q)ualiW Assurance Reports. A Construction Quality Assurance (CQA) Report shall be submitted to the City prior to the placement of waste on newly constructed lined areas. A CQA report shall also be submitted for Landfill areas which receive final cover. The report shall demonstrate that the work is completed to the plan specifications. The Report shall be certified by an engineer registered in the State of Minnesota and shall include but not be limited to: (a) All relevant construction specifications; (b) All shop drawings for prefabricated components; (c) Photo documentation of all critical aspects of construction; (d) Deflection testing results for leachate collection and transmission pipes; (e) Narrative description of all as-built variances from the plans and/or specifications; (f) As-built cross-Sections of the liner sub grade; (g) As-built elevations for all pipe inlets and outlets and pump- on / pump-off controls; (h) Completed manufacturer warranties; (4-~ ~) Permittee shall notify the City at least two (2) days in advance or liner barrier layer installation or final cover barrier layer installation. The Permittee shall assist the City in arranging inspection of the site at any reasonable time the CiB~ requests. The Permittee shall keep the City informed of ongoing construction progress and shall specifically notify the City of significant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work which is covered or otherwise obscured prior to City inspection, to be re-excavated for City Inspection. (-t4-:!i) Temporar~ Fencing- On-Site Litter Control. Litter control fences shall be maintained around the working area(s) of the Landfill to prevent the blowing of paper or other litter on or off site. The Permittee shall assign 8 employees to engage in a regular and routine program tO inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. (4-4 ~2) Permanent Fencing. The Permittee shall maintain a minimum six-foot high fence around the perimeter of the site if and when necessary, based upon reasonable concerns regarding public safet3~ or trespassing or uncontrolled dumping. (4-~5 13) Public Information. The Permittee shall maintain a sign at the entrance to the Landfill Site which describes in common terms the substances which may be disposed at the Landfill and those substances which may not be accepted for disposal. (16 14) Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. (17 15) Electrical Service. Adec uate electrical service shall be provided at the site for operations and repairs. (4-8 I6) Fire Fiahtin~. Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfill. The self-contained breathing apparatus purchased for the City Fire Department shall be available at the Fire Department for use by permittee on a temporary basis, as approved by the Fire Chief. Permittee shall make a landfill operator available at the request of the Cit3~ Fire Chief to consult and advise the fire department about landfill fire fighting issues. (4-9 t7) Safety Equipment. Emergency first aid equipment consisting of at least one l-~rst aid kit kept near the working face, and at least one sh'ower on site available to all personnel and customers shall be supplied. At least one of every four landfill personnel shall be trained in first aid and CPR. 18) Water. A potable water supply shall be available for site personnel. (~-1-~9) Storage. Adequate on-site shelter shall be provided for maintenance and storage, sufficient to supply the equipment required by subsection (19) of this section, during cold wea~:her operations. (~-2 2©) Vehicle Stackina Facilities. Adequate vehicle stacking facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of the Landfill Proper~. (-2-3 211) Communication. Adequate communication facilities shall be provided for emergency purposes. (424 22) Security. A gate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. (~9_~ 23) Haul Roads. An all-weather haul road shall be provided to the unloading area and watered on a regular basis. The Landfill shall pave the ......... ~ r,~.~ +~ .... 4, a~,d south .................... ~* ........ *~ T TM ~'~2 October 1~°9OO to (-2~ 24) Adequate Equipment. Adequate equipment shall be supplied capable of spreading and compacting the refuse as received. At least one machine capable of covering the working face, in its entirety at the end of the day, shall be supplied. (42-7 25) Information Display. Subject to approval by the City Council the Permittee shall maintain at each entrance to the Landfill Property a sign stating the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the Minnesota Pollution Control Agency Permit number and the penalty for nonconforming dumping. (~9_g 26) Small-Load Dumpin~ Site. The Permittee shall, during all hours of operation maintain and operate a separate suitable and safe disposal area for the dumping of small loads by pickup trucks, cars, and trailers. This separate site shall be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal frequency of such dumping. (2,9 2[?) Oak Wilt Prevention. As a method to prevent oak wilt, Permittee shall not conduct any tree removal operations at the landfill Property between April 15 and July 15 each year. In addition, oak stumps shall be removed prior to April 1 5 each year. When removing trees and stumps, Permittee shall prevent damage to remaining trees. (4343 28) Leachate Recirculation. The Ci~B"s ......... ~ ~,r ~,~,~ ~; ..... ~+4~,, 4 .... .~ ....* ~ Remedies for .......... ~ ....... approval by ~PCA ~"~ e~ ..... ~ ..... ~ problems arising from leachate recirculation include, but are not limited to, the cessation of leachate recirculation and reverting 'back to traditional leachate treatment. (31) Cells 1.~, +*-~.. ..... ,, ~_*- 17. The City's approval of cells 1~, *h,-o,,~*~-~,~ ~ ~s~. 17 is contingent on City Staff's review and approval of the specific construction details. 3H to 1V side slopes for these cells is contingent on approval by MPCA and Sherburne County. (32) End Use Plan. The Landfill shall submit an End Use Plan to the City as ' ' 200 bY 2006 10 5.) Off-Site Litter Control. The Permittee shall engage in a regular and routine litter maintenance and removal program extending one-half mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as ma); be determined by the City. Litter shall be removed from these areas not less than once per week and more often if necessar3~ because of spills or complaints from neighboring property owners, and ensure that these areas are kept free of litter generated by truck traffic traveling to and from the Landfill. In addition, Permittee shall inspect all trucks leaving the Landfill to ensure that they are either fully enclosed or covered, and/or clean, and will not spread litter on surrounding streets and roadways as they leave. In the event that Permittee fails to remove litter within forty-eight (48) hours of notice of accumulation of litter by the City, the City- may cause such litter to be removed. The City shall bill the cost of such removal to the Permittee, which shall remit payment within thirty (30) days of the date of such billing. 6.) Hours of operation. The landfill shall not be operated between 7:00 p.m. and 6:00 a.m. The landfill may accept waste during off hours only under the following circumstances: (a) The wastes have been tested and approved for disposal; (b) Acceptance is necessary during off hours because of extraordinary circumstances; (c) Each instance of off hour acceptance has received the prior approval of the City Building and ~-4~-~ Environmental Administrator and such approval was granted during Cit3~ business hours; and (d) Each instance of off hour acceptance is documented in a letter sent by the Landfill to the Building and ~ Eng~rbnm~ntai Administrator within five business days of the instance of off hour acceptance. 7.) Site Environmental Monitoring. (01) On-site Groundwater. The Permittee shall perform on-site water quali.W testing at the monitoring wells in the manner required by the MPCA permit. The wells shall meet current Department of Health Well Code Standards. The Water Quality Report shall be submitted to the City when it is submitted to the MPCA. (02) Surface Water Quality. The Perrnittee shall have surface water quality tests performed in conjunction with sampling quarterly events when water is present. (03) Off-Site Groundwater Quality. The Permittee shall annually sample the individual private wells identified in the Phase IV Water Quality Monitoring Work 11 Plan required by section 4(05). All private wells shall be analyzed for pH, COD, ammonia, chlorides, specific conductance, and volatile organic compounds (MDH method 465C and EPA method 601,602). (04) Modification. The testing programs specified in this Section 7 may be modified by City staff if City staff reasonably determines there exists a need for additional wells to be tested or additional parameters to be analyzed, based upon water or air quality test results indicating the presence of contamination. 8.) Hvdroaeolo~ic Reports. The investigation of the hydrological and geophysical characteristics of the site shall be continued and any other new information relating to the hydrogeologic impact of the site shall be reported to the City . Hydrogeologic reports shall be updated, amended, and modified as warranted by newly discovered or additional data acquired in the continued hydrogeologic investigation. The Permittee shall also notify City at least two (2) days in advance of any soil boring or well construction required by this Permit. 9.) Dust, Noise, and Odor. Fugitive dust emissions off-site shall be controlled at the Landfill site as necessary by undertaking the following: road surfaces within the Landfill Site shall be wetted with water or an appropriate chemical whenever off-site dust levels become unreasonable as determined by the City Zoning Administrator. Dust pollutives shall be utilized to the extent necessary on cover material such as stockpiles to reduce wind erosion as well as on other exposed surfaces as appropriate. Cover compaction and revegetation activities shall be undertaken promptly on the completion of various fill areas and vegetative cover capable of quick growth shall be utilized. Plantings of bushes and trees shall be installed if needed to buffer the Landfill Site and minimize wind erosion. All equipment and vehicles utilized at the Landfill Site shall be periodically inspected and maintained to minimize noise. Vegetative barriers along the boundaries of the Landfill Site shall be utilized to minimize off-site noise impacts. Applicable state standards for noise pollution shall not be exceeded by the Landfill operation, equipment, vehicles, or machinery. The Permittee shall take reasonable actions to control odors from the Landfill Site. 10.) Closure. Within six (6) months of a written demand by the Citgo, but in no event later than one {1) year prior to the date projected for cessation of landfill operations, the Permittee shall submit to the City for approval an updated closure and post-closure plan for the Landfill Site. 11.) Insurance. The Permittee shall secure and maintain insurance from an insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which will protect the Permittee, its agents 12 and employees, and the City from claims for bodily injury, death, or property damage which may arise from the operations on the Landfill Site. The Permittee shall file a certificate of insurance or a certified copy of the insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverages shall be provided in amounts not less than those specified: (01) Public liability, general liability, loading and unloading, personal injury, and property damage: (a) $1,000,000 per claimant (b) $1,000,000 per occurrence (c) $1,000,000 annual aggregate (02) Automobile and truck public liability, personal injury, and property damage, including owned and non-owned vehicles with a $1,000,000 minimum limit. (03) The City may require additional insurance be provided by the Permittee if market conditions change such that additional coverage become economically practicable. The insurance limits required by this section shall be reduced if these insurance limits are not reasonably and economically available. For the purposes of this subsection ':economically practicable," "reasonably" and "economically available" shall be determined by the insurance coverages affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. 12.) Bonding (01) The Permittee shall furnish a surety bond in favor of the City in the amount of Three Hundred Thousand Dollars ($300,000) to run continuously (annual renewal allowed) until all landfill operations and closure activities are completed to ensure compliance with the terms and conditions of this Conditional Use Permit. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving one hundred twenty (120) days' prior written notice to the City. The Permittee shall renew each such bond no more than sixty (60) days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Permittee and shall constitute ground for immediate and automatic revocation of this Permit. Said bond shall provide that if the 13 Permittee refuses to obey any of these requirements or to any of the acts required by this Conditional Use Permit or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore the Landfill Site to the condition and requirements required by this Conditional Use Permit, the obligor shall reimburse the City for any and alt expenses incurred to remedy the failure of the Permittee to comply with this Permit, and the obligor shall indemnify and save the City harmless from all losses, costs, and charges that may occur to the City' because of any default by the Permittee. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either or both the City or County. (02) In the event this, or any subsequent permit is revoked or the Permittee doses operation of the landfill for any reason, including but without limitation, order of the court or other agency of competent jurisdiction, bankruptcy, insolvency, or abandonment, the Permittee sha]l immediately proceed to close, cover, and grade the Landfill Site according to an environmentally sound closure plan which sha]l be approved by the City and which sha]l comply with all requirements of the MPCA and Sherburne County relating to fina] ctosure. In the event the Permittee fails to comply with the terms of this subparagraph (02), the City malT, upon ninety (90) days' prior notice to the Permittee, enter into the property and perform all such obligations, the cost of which sha]l be borne by the Permittee, or, in default thereof, by its surety. 13.) Applicability of Conditional Use Permit. This Permit shall apply to the entire Landfill Property. This Conditional Use Permit shall run with the rea] property and apply to the Permittee, its successors, and assigns. 14.) Permit Period. This Permit shall be in force and effect until ~ ......... , .... or until the Landfill operations authorized herein are completed and the Landfill is closed in compliance with the closure plan, whichever comes first. 15.) Violation of Conditions. If the Permittee or its successors or assigns violates any term or condition imposed by this Conditional Use Permit, or any solid waste facilities license issued for operation of the Landfill, this Conditional Use Permit may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or permit condition imposed by lawful governmental authority and governing operations on the Landfill Property is grounds for suspension, revocation or termination of this Conditional Use Permit. The change, alteration, or amendment of any such statute, regulation, ordinance, or permit condition by any governmental authority other than the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the date of the original 14 issuance of this Permit unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. 16.) Documents, Reports, and Maps. Copies of all documents, reports, and maps which are supplied to the MPCA or to Sherburne County shall also be supplied to the City, at the same time. 17.) Charges and Fees. The Permittee agrees to pay to the City the City's reasonable costs for administering, enforcing, modifying and amending this Conditional Use Permit, as follows: (01) Permittee shall pay one hundred percent (100%) of the City's costs for processing renewals, amendments or proposed amendments to this Permit; and (02) Permittee shall pay one hundred percent (100%) of the City's costs for administering and enforcing the terms of this Permit, including costs for reviewing Permittee's compliance with the terms and conditions of this Permit, costs for bringing Permittee into compliance with the terms and conditions of this Permit (including legal costs); and City costs incurred for review of Permittee initiated requests such as "co-disposal" approvals, etc. 18.) On-Site Inspection. The City may inspect the Landfill Site for the purposes of examining and copying nonconfidential records~ conducting inspections, surveys, investigations, monitoring, or sampting~ and other~dse obtaining necessary information pertaining to the construction~ operation~ and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time of inspection. Permittee shall promptly notify the City of the name of an authorized person to be notified and provide access to the Landfill in case of emergency. The City shall be notified by the Permittee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of the hazardous or dangerous materials, as defined in the CiB~ of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this Permit. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staff to Permittee. This letter may be revised or supplemented by City staff from time to time as necessary to address the City's needs for notification. 19.) Indemnity. The Permittee shall indemni~, defend, and hold the City harmless fi-om all claims, demands, and/or actions, legal and/or equitable arising from the operations on the Landfill Site. 15 20.) Workers Compensation. The Permittee shall carry in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling all requirements of the Worker's Compensation Act, including all legal requirements for occupational diseases, or self-insure for the above. 21.) Split Samples. The Permittee shall notify the City forty-eight (48) hours before any sampling of groundwater or surface water and allow the city to obtain split samples of such waters. 22.) Right to Require Performance. The failure of the City, at any time, to require performance by the Permittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 2.3.) SeverabiliW. If any provision of this Conditional Use Permit s'hall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 24.) Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by Ci~ Ordinance. 25 Landfill Surcharge Fees The Permittee shall Pay' the Host CommUni~ Fee'(HCF) provided for'in the 'Host C0mmUniBz Agreement entered into ,betwe~n the. P~rr~i~tee a~d city on September 1'5:, 20153: If Pe~mittee fails ~o ~a,v the i~:~F, for .~nv reason, Permittee sh~i1 then P~ the LandF~ll Abatement:: authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surcharge). The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the landfill each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the Surcharge when due shall be cause for revocation of this Permit and shall be a violation of the conditions and requirements of this Permit. 26.) Conflicts. In any cases in which the Permittee believes there is an irreconcilable conflict between the requirements of this Conditional Use Permit and Laws, Rules, Regulations, or Order of any other governmental authority, the Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Conditional Use Permit. Until such time as the City acts upon a request for an amendment to this Conditional Use Permit, which it may grant or deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and shall prevail over the provisions of 16 any document submitted by the Permit Holder and any requirements of state for federal law. The City shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law. 27.) Modification, Suspension, or Revocation of Permit. The violation of any of the terms of this Permit is ground for suspension or revocation hereof. Furthermore, the City specifically reserves the right, and the Permittee agrees that this Permit may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, welfare, and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safetg.', welfare, or the environment in jeopardy. Such information includes, but is not limited to the following: (01) A determination the (other than as indicated in the permit application) leachate generated at the Landfill Site is migrating to surface or ground waters in a way that threatens the public health, safetg~, or general welfare. (02) A determination that (other than as indicated in the permit application) standard recommended health advisors.~ levels or intervention levels for drinking water (whether promulgated as of the date of this Permit or at a later date, by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other ~overnmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in groundwaters or surface waters) are being violated as a result of landfill operations. (03) A determination that the emission of landfill gas on or adjacent to the Landfill Site is creating or threatens to create a health or safety hazard to the communi~. Without limiting the forgoing, the Citg~ resettles the right to amend this Permit to impose upon the permittee the obligation to comply with any state or federal law or regulation relating to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendment of this Oonditional Use Permit may be ordered only after a public hearing on such suspension, revocation, or amendment, preceded by thirt), (30) days' written notice to the Permittee, or at the time of consideration of renewal of this Permit. Notice of hearing shall include a statement of the proposed action by the Citg~ and the reasons therefore. 17 THE CITY OF ELK RIVER: ATTEST: By: Stephanie Klinzing Its: Mayor By: Pat~,..~.. TM .... ~ Joan S~:hmidt ELK RIVER LANDFILL, INC. By: Debra Dehn Its: Site Dla~i~ Manager STATE OF MINNESOTA ) COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this __ day of 2001 2004, by Stephanie Klinzing, the Mayor of the City of Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF SHERBURNE ) ]8 The foregoing instrument was acknowledged before me this __ day of 2001 2004, by Patrick D. Klaers joan SChmid% the City -Administrator cterk of the City of Elk River, on behalf of the City of Elk River. Norta~ Public STATE OF MINNESOTA ) COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this __ day of , 200! 2004, by Debra Dehn, the Site DiStriCt Manager of Elk River Landfill, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gray, Plant, Moot>;, Mooty & Bennett 500 IDS Center 80 South 8s~ Street Minneapolis, Minnesota 55402 THIS INSTRUMENT WAS MODIFIED BY: The Building and Environmental Department of the City of Ell*. River 19 EXHIBIT A PARCEL B That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, described as follows: Commencing at the point of intersection of the North line of said Northeast Quarter of the Northwest Quarter with the Westerly line of the right-of-way of U.S. Highway No. 169; thence Southerly along said right-of-way, to intersect a line parallel with and 470 feet South of, as measured at right angles to, said North line of the Northeast Quarter of the Northwest Quarter said point of intersection being the actual point of beginning of the land to be described; thence west along said parallel line a distance of 558 feet; thence south at a right angle to intersect the south line of the said Northeast Quarter of the Northwest Quarter; thence East along said South line to intersect the said Westerly line of the highway right-of-way; thence Northerly along said highway right-of-way to the point of beginning, Sherburne County, Minnesota. PARCEL C The North 525 feet of the West Half of the Southwest Quarter of Section 3, Township 33, Range 26, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. AND The North 525 feet of that part of the Northeast Quarter of Southeast Quarter of Section 4, Township 33, Range 26, lying East of the Great Northern Railway, AND that part of the East Half of the Northeast Quarter of Section 4, Township 33, Range 26, lying East of the Great Northern Railway, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. PARCEL E That part of the North half of the Northwest Quarter of Section 3, Township 33, Range 26 lying Westerly of the following described real estate, to wit: Commencing at a point on the North line of the said North Half of the Northwest Quarter 650 feet distant West of the intersection thereof with the Westerly right of way line of U.S. Highway No. 169 as presently located and established; thence South and parallel with the West line of the said North Half of the Northwest Quarter to the South line thereof and there terminating, excepting therefrom the South 33 feet thereof, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. PARCEL F The Northwest Quarter of the Northwest Quarter of Section 3, Township 33 North, Range 26 West; and That part of the South Half of the Northwest Quarter lying West of U.S. Highway No. 169, and the Northerly 525 feet of that part of the East Half of the Southwest Quarter lying West of U.S. Highway No. 169, all in Section 3, Township 33 North, Range 26 West, according to the United States Government Survey thereof and situate in Sherburne CounD7, Minnesota. PARCEL H The West 92.70 feet of the North 470 feet of that part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying east of a tine described as Beginning at a point on the North line of said Northeast Quarter of the Northwest Quarter a distance of 650 feet west of the intersection of said North line with the Westerly right-of-way line of U.S. Highway No. 169; thence south parallel with the West line of the North Half of the Northwest Quarter to intersect the South line of said Northeast Quarter of the Northwest Quarter and there terminating. PARCEL I That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying south of the South tine of the North 470 feet, as measured at right angles, thereof and lying west of the following described Iine: Commencing at the point of intersection of the North line of said Northeast Quarter of the Northwest Quarter with the Westerly line of the right-of-way of U.S. Highway No. 169; thence southerly atong said highway right-of-way to intersect a line parallel with and 470 feet South of, as measured at right angles to, said North line of the Northeast Quarter of the Northwest Quarter; thence West along said parallel line a distance of 558 feet to the actual Point of Beginning of the line to be hereby described; thence South at right angles to intersect the South line of said Northeast Quarter of the Northwest Quarter and there terminating. 21 CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE AGREEMENT THIS AGREEMENT, madc rand entered into and ~ffe~flx~e this 15th day of March, 2001 2004, by.and between the CITY OF ELK RIVER, a Mim~esota municipal corporation (hereinafter refen-ed to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Licensee). WHEREAS, Licensee made application to the City in 1988 for the issuance of a solid waste facilities license, pursuant to ~he Elk River Code of Ordinances r3-64M-.24, for the operation of a sanitary landfill (hereinafter referred to as the Landfill) on the ........ -~s real properties described on Exhibit A attached hereto (hereinafter refen'ed to as the Landfill Property) situated in the City of Elk River, for which the City Council directed the issuance o£ a conditional use pem~it contemporaneous with the issuance of a license; and WHEREAS, the City Council directed the issuance of a solid waste facilities license to Elk River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set forth in the October 3, 1988 License A~'eement, in order to mitigate the potential adverse affects of the Landfill on the general welfare of persons and property within the City; and WHEREAS, the License was has subSequentlY be6n renewed, evcD' fcur year~ with the most recent renewal occunln= on .... o -,~, .... ~o>ember !9, 0, V~q-IEREAS, 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 Sea Level (MSL); and WHEREAS, the Licensee has a~eed to a final elevation of 1120 MSL; and ~E~S} E~n~e hh~ applied for reneki~l °fthe :S 6ii d W~gte P:~diii~ Licens~ :°n March ~ 5}: ;.004; add WHEREAS, the City Council of the City of Elk River has held a hearing on the proposed amendment and renewal of the Solid Waste Facility License, at which hearing all citizens of the City of Elk River and other interested persons have had the opportunity to be heard. NOW, THERFORE, the City ~ants to the Licensee, and the Licensee accepts} an amended and renewed solid waste facilities license for the operation of a sanitary landfill and related activities on the Landfill Property subject to the ten'ns, conditions and qualifications hereinafter stated, to wit: 1 .) Significant Persons. The person responsible for actual operation and maintenance of Elk r>; ..... ~he ]=landfill. ~-~ ~r:v~ ...... ~ .... , ~ .... ~ to whom communications concerning this License should be addressed is Debra Dehn in her capacity as Site DistriCt Manager ofEtk ~i~er Land5il; lh~ (ERL}, whose address is 22460 Highway 169 NW, Elk River, MN _ 3230. ERL is a Minnesota corporation, whose reaistered address is 22460 Highway 169 NW, Elk River, MN _53~0. ERL ~s a ~"~-~;'~: ..... ,-~c ^ u~ ..... ~-~,~: ..... ,~ ~ ~ a; ...... +~ c- ....... *:^- which is a subsidiary of Waste Management, a Delaware corporation, whose address is 1001 Fannin, Suite 4000, HoustOn, Texas 77002. The following infom~ation shall be provided to the local fire and police departments as well as the Sheriff: Debra Dehn, Site D~¢{ Manager 22460 Highway 169 NW Elk River, MN 55330 Work: 441-2464, fax: 441-2025 Mobile: (612) 270-2942 Steve Batchelor Regional Vitae-President Waste Management 1901 West 144th St. Bm-nsville, MN 55306 (W) (952) 88_?-2306 Fax (952) 894-8928 2.) Scope and Conduct of Landfill Operations. The operation of a solid waste sanitary landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherbm'ne County and the Minnesota Pollution Control Agency and in accordance with authorization and limitations contained in: (01) MPCA Solid Waste Pem~it No. 74, OCt0ber 8, 200~; (02) the current Sherbume County solid waste landfill license issued to the Licensee; and (03) the conditional use permit, as amended, issued by the City for the Landfill; (04) this License. Provided, however, that the entire Landfill shall have a final elevation of no more than 1120 feet above MSL, and including final cover, as provided in the Long Term Development Plan dated March 1997, and as revised on April 15, 1997. The Landfill shall also be operated and developed consistent with the following plans and reports which have been submitted to the City and/or the MPCA: (0-3 0!)"New Recycling Facility Design Report and Operations Manual", January, 1991 (04 02) (o~ o3) (o6 o4) "MSW Operations Manual", September 1999; fe~iS~ junb 200i "Household Hazardous Waste Management Plan", June 15, 1992 "Landfill Gas System Expansion Documentation Report", March 1999 "Leachate Management Plan",~,,.,,,,...,,.,,.,.r" ..... ~.~. , aaa.... ~ ~03 (08 06) "Revised Closure, Postclosure and Contingency Action Cost Estimates", September, 1999 (Or) 07) "Stormwater Pollution Prevention Plan", c^.., .... ~.~.. ~ nn~ March 2003 and NPDES Desig-n Plan July 2001 (44) 08) "Construction Quality Assurance Pro,-am", March, 1999, revised June 2'001 (44- 09) "Phase IV Water Quality Monitoring Work Plan" (Revision #3) February 2002 (44_ 10) "Landfill Gas Mi~afion~ Monitoring Plan".. ~,,~,: ~ '~"" ~, aa~ _, April 2002 (4-3 11 ) "Leachate Recirculation Plan" .~ ........ March 2002 (44 12) "l ann.,.,~ 2003 A~mual Report", ,~'~,~,, ~'~',.~ ........ _,~,~,,'~nnn January 2004 (4-5 13) "I 999 2003 Water Quality Report", February 2000 2004 (06 i:4) "Long-Term Development Plan", March 1997, and as revised on April 15, 1997 to include a maximum final elevation of 1120 feet MSL (-t-7, ~5) All Solid Waste License Renewals tN'ough the License dated November 343 ~, 199S 200~: (~ ~ 6) "Industrial Solid Waste Management Plan", ...... ~ .... ,~on tanU~ 2004 and ~%er conditioned upon submittal of a~ual repo~s describing the following: (a) Monthly and Annual Waste Disposal Volume. (b) Schedule of construction activities for the G~hcoming year. (c) Type, Quantity ~d Source of Material to be Disposed. (d) Remaining permitted capacity (e) Updated contour map which indicates the elevations of all fill areas Assessment of the Financial Assurances Plan. (g) Evaluation of the Water Monitoring System and a proposal for continued sampling and analysis. (h) Detailed evaluation of all water quality results by means of tables and ~aphs. (i) A ~oundwater contour map based on the previous years' ~'oundwater level data. (¢ 18)"Pc;nnit Application .............. ; rewsed :~une ~00t; subject to the follo~ m~ conditions. (a) Leachate head shall not exceed a maximum of 12 inches Gr any liner. The L~dfill shall monitor leachate head levels weekly and submit results to the City qua~erly. (b) The sampling and contingency action protocols Gr liner leaks shall be as outlined in the Phase IV Water Quality Monitoring Work Plami:e~isi°fi?~3 aliied Fieb~aw 2000 2003. 4 (c) The Construction Quality Assurance Prograln shall be amended to document compliance with MNDOT _~ 877.~.B standards for sampling and testing of topsoil. (d) Operation of the Active Gas Venting System shall be managed to mitigate landfill gas migration and ongoing ground water contmnination from the unlined portion of the Landfill. T-he- L drill ~;'o~ Amy changes made to the above described plans, reports, MPCA Solid Waste Permit No. 74 and the County License shall also be reviewed and approved, approved with modification, or disapproved by the City. Minor modifications shall be reviewed by City staff. Major modifications shall be reviewed by the City Planning Commission and the City Council. The City may not unreasonably disapprove or unreasonably require modifications. The City may also make reasonable modifications to the conditions of the License based upon a submittal fi'om the Licensee. The City shall respond to Licensee submittals on a timely basis, which shall be no later than formal MPCA time lines for review and comment for concun'ent submittals. 3.) Scope and Conduct of Related Operations. (01) Recycling Center. The operation of a recycling center on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code or Ordinances and all applicable federal, state, and county laws and regulations. (b) The recycling center shall be located and operated as shown on plans submitted by Licensee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided that Licensee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Licensee. Operation of the recycling center by a different operator shall require the prior written approval of City staff. Any different operator of the recycling center must comply with all of the terms and conditions of this License. (d) Licensee shall place appropriate signage on the Landfill Property to direct citizens to the location of the recycling center. (e) Used oil recycling areas shall be within an enclosed building with an impem~eable floor and contaimnent area, as approved by staff. (f) Batteu storage shall be within an enclosed building with an impermeable floor and contaimnent area suitable for battery acid, as approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Licensee shall have a regular schedule for appliance pick-up, to be approved by City Staff. (02) Yard Waste Composting. The operation of a yard waste composting facility on the Landfill Property may be conducted, if in conformance with all applicable temqs and conditions of this License, subject to the following conditions: (a) The operation of the ym'd waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The yard composting facility shall be located and operated as shown on plans submitted by Licensee and approved by City staff. (c) Al! plastics shall be removed fi'om yard waste brought to the facility before composting. (d) All municipal solid waste nq_ust be immediately removed from yard waste and landfilled. (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum. If odor becomes a problem staff may require more frequent tm'ning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. (f) The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. (h) Yard waste and/or compost may not be used as daily cover for the landfill. fi) That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to, the operational requirements, performance standards and enviromnental monitoring requirements of sections 4,6,7, and 8; and the requirement of sections t 7 and 25 to make prompt payment of all fees due to the City. No yard waste may be accepted at the yard waste cornposting facility if this condition is not complied with. Licensee must immediately stop accepting yard waste upon written notice from the City that there is a violation of this condition. (03) Demolition Debris. The operation of a denqolition debris landfill on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the demolition debris landfill shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The demolition debris landfill cell DC-3 shall be located and operated as shown on the June 2001 Permit Application and August 2001 revisions submitted by the Pem~ittee with city staff approving and having the authority to make decisions on the technical issues involved. (c) Licensee shall provide an estimated development time line for the demolition debris landfill, including an estimated closure timeline, which shall be updated as appropriate. (d) Licensee shall pay the demolition debris surcharge author/zed 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 License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. That Licensee is in strict COlnpliance with all other terms, conditions and requirements of this License,.including specifically, but not limited to, the operational requirements, perfon~ance standards and environmental monitoring requirements of sections 4, 6, ?, and 8; and the requirements of sections 17 and 25 to make prompt payment of all fees due to the City. No demolition debris may be accepted at the demolition debris landfill if this condition is not complied with. Licensee must imrnediately stop accepting demolition debris upon wr/tten 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 pen-nitted or allowed on the Landfill Property unless this License is first amended to specifically allow such operations and to specify the applicable conditions except mining activities or other operations licensed or permitted sepm'ately by the City. 4.) Specific Additional Operational Requirements. (01) Leachate Transmission Pipes. Licensee shall verify to the City every four (4) years that the existing leachate transmission pipes do not leak. (07_) Backup Leachate Pumps. Licensee shall maintain ~ backup pumps for use in the event of pump failure at the l~achat~: ~i wet well and/or leachate storage tank on-site; o~ Shall maintain provisions for restoring temporm-y leachate pumpi~ within a 24-horn' period cU~en{: (03) Leachate Holdin~ Tmzk. Licensee shall ensure that the leachate holding tank is pumped out on a regular schedule. It shall be a violation of this License to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate holding tank being full. (04) Gas Ventin,o System. Licensee shall conduct active landfill gas venting in accordance with approved plans and shall construct additional phases of the ~ at the time of final cover construction. (05) Phase IV Water QUality Monitorint Work Plan. The Phase IV Water Quality Monitoring Work Plan which describes the sampling fi-equency, pm-ameters, protocols and reporting fi'equency for landfill gas, leachate, leachate piezometers, leachate lysimeterS, residential wells, groundwater monitoring wells and surface water shall be updated annually to reflect changes in the monitoring systems. The monitoring plan shall yield adequate information for assessing the effectiveness of the landfill gas control system in decreasing VOC contaminants in the groundwater .............. v .............. vv ~ ~'~ ....... ~. (06) Annual ACtive Landfill Gas c0ntr61 Vent System Assessment. Annually assess the effectiveness of active landfill gas venting operations based on the results of groundwater and landfill gas monitoring and incorporate the evaluation in the MPCA Annual Report for the landfill. (09 O~)Heavy Metal Contaminant Monitoring and Assesslnent. Heavy metal contaminants for surface water and ~oundwater must be addressed in addition to VOC contaminants. Based on the need for additional rnonitor/ng to confirm exceedances and identify trends, the Landfill shall continue monitoring and prepare evaluation reports which shall be submitted with the MPCA Annual Reports. (40 08)Heaxw Metal Contamination Feasibility Study. If heavy metal concentrations in groundwater and surface water exceed regulatory standards, the Landfill will be required to conduct a Feasibility Study and submit it to City staff on a schedule determined by City staff. (4-1-09)Construction Quality Assurance Reports. A Construction Quality Assurance (CQA) Report shall be submitted to the City prior to the placement of waste on newly constructed lined areas. A CQA report shall also be submitted for Landfill areas which receive final cover. The report shall demonstrate that the work is u~as completed to the plan specifications. The Report shall be certified m by an engineer registered in the State of Mflmesota a2~d shall include but not be limited to: (a) All relevant construction specifications; (b) All shop drawings for prefabricated components; (c) Photo docmnentation of all critical aspects of construction; (d) Deflection testing results for leachate collection and transmission pipes~ (e) Nan'ative description of all as-built variances fro1Tl the plans and/or specifications; (f) As-built cross-sections of the liner subgrade; As-built elevations for all pipe inlets and outlets and pump- on/pump-o ff control s; (h) Completed manufacturer warranties; (i) (43_ :! 9) Licensee shall notify the City at least two (2) days in advance of liner ban'ier layer installation or final cover barrier layer installation. Licensee shall assist the City in arranging inspection of the site at any reasonable time the City requests. The Licensee shall keep the City informed of ongoing construction progn'ess and shall specifically notify the City of sigmificant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work, which is covered or otherwise obscured prior to City inspection, to be re-excavated for City inspection. (-1-3 ! l) Temporary Fencing-On Site Litter Control. Litter control fences shall be maintained around the working area(s) of the landfill to prevent the blowing of paper or other litter on or off site. The Licensee shall assign employees to engage in a regular and routine pro,am to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. (-t-4 i2) Penmanent Fencing. The Licensee shall maintain a minimum six-foot high fence around the perimeter of the site if and when necessary based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping. (4--5-!:3) Public Infonnation. The Licensee shall maintain a sign at the entrance to the Landfill Site which deschbes in common terms the substances which may be disposed at the Landfill and those substances which may not be accepted for disposal. (-1-6 14) Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. (4-7 i~)Electrical Service. Adequate electrical service shall be provided at the site for operations and repairs. 10 (4-8 t6)Fire Fighting. Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfill. The self-contained breathing apparatus for the City Fire Depm-tment shall be available for use by the Licensee on a temporary basis, as approved by the Fire Chief. Licensee shall make a landfill operator available at the request of the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. (4-9 I7)Safety Equipment. Emergency first aid equipment consisting of at least one first aid kit kept near the working face, and at teast one shower on site available to all persom~el and customers shall be supplied. At least one of every four landfill personnel shall be trained in first aid and CPR. (_-~ i8) Water. A potable water supply shall be available for site personnel. (_mt-t9) Storage. Adequate on-site shelter shall be provided for maintenance and storage, sufficient to supply the equipment required by subsection (19) of this section, during cold weather operations. (~2-2 20)Vehicle Stacking Facilities. Adequate vehicle stacking facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of the Landfill Property. (_-2-3 51)Communication. Adequate communication facilities shall be provided for emergency proposes. (,0-4,.~~9) Secur/tv. A ~°ate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. (~2-5 23)Haul Roads. An all-weather haul road shall be provided to the unloading (_-2-6 24)Adequate Equipment. Adequate equipment shall be supplied capable of spreading and compacting the refuse as receiVed. At least one machine capable of coveting the working face, in its entirety at the end of the day, shall be supplied. (_°-7- 25)Information Display. Subject to approval by the City Council, the Licensee shall maintain at each entrance to the Landfill Property a sigm stating the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the Minnesota Pollution Control Agency permit number and the penalty for nonconfom~ing dumping. 11 (-2-8 26)Screenin~lBuffer Strips. Visual screening of the Sanitary Landfill site, as required by the Conditional Use Permit for the Landfill Property and as approved by the City Council, shall be provided by the use of buffer zones, natural objects, trees, plants, seeded soil berrns, fences, and other suitable means. (_2-9 gT)Small-Load Dumping Site. The Licensee shall, during all hours of operation, maintain and operate a separate suitable and safe disposal area for the dumping of small loads by pickup trucks, cars, and trailers. This separate site shall be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal frequency of such dmnping. (:30 ~8) Oak Wilt Prevention. As a method to prevent oak wilt, Licensee shall not conduct any tree removal operations at the Landfill Property between April 15 and July 15 each year: In addition, oak stumps shall be removed prior to April 15 each year. When removing trees and stumps, Licensee shall prevent damage to remaining trees. arising from leaChate recirculation include, but are not limited to, the cessation of leachate recirculation and reverting back to traditional leachate treatment. (-~ ........ 3~)Cell~ 17. The City's approval of cells 1~ +k ...... s,*~' 17 is contingent on City Staff's review and approval of the specific construction details. '~LI +LC, I~?' p.~A~ ~t .... 4~ 4'1 ....... 11~ (¢¢3 }2)End Use Plan. The Landfill shall submit an End Use Plan to the City 5.) Off-Site Litter Control. The Licensee shall engage in a regular and routine litter maintenance and removal program extending one-half mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as may be deten2ined by the City. Litter shall be removed from these areas not less than once per week, and more often if necessary because of spills or complaints from neighboring property owners, and ensm'e that these areas are kept fi'ee of litter generated by truck traffic traveling to and fi'om the Landfill. In addition, Licensee shall inspect all trucks leaving the Landfill to ensure that they are either fully enclosed or covered, and/or clean, and will not spread litter on SmTounding streets and roadways as they leave. In the event that Licensee fails to remove litter within forty-eight (48) hours of notice of accumulation of litter by the City, the City may cause such litter to be removed. The City shall bill the cost of such removal to the Licensee, which shall remit payment within thirty (30) days of the date of such billing. 12 6). General Perfom~ance Standards. The Licensee shall comply with the following performance standards and operating requirements: (01) Hazardous Wastes Prohibited. No Hazardous Wastes shall be disposed of in the Landfill. (02) Dan_oerous Wastes. No Dangerous Wastes (as defined in the Code of Ordinances for the City of Elk River) shall be disposed at the Landfill until a request to dispose of dangerous wastes has been submitted to the City as required by Chapter 604 of the City Code of Ordinances. The City shah respond to requests for permission to dispose dangerous wastes within fifteen (15) days from receipt of the request as appropriate. If a request to dispose of dm, gerous wastes is rejected by the City Building & ~ E~vir0mne~i~l Administrator, or the City's authorized consultant/agent, the dangerous wastes may not be disposed at the Landfill. Licensee may propose advance approval of proposed disposal of dangerous wastes by submitting to the City, for each waste, a statement identifying the waste type, generator name and address, volume, method of chemical analysis, chemical constituents, and disposal procedures proposed. This statement, and all requests to dispose of dangerous wastes, shall be submitted in the fom~ required by the City. The City may deny permission to dispose of Dangerous Wastes at the Landfill for one or more of the following reasons: (a) In the City's sole discretion, it would not be in the best interests of the public health, safety or general welfare of the citizens of Elk River to allow disposal of said wastes; (b) In the City's sole discretion, disposal of said wastes would pose a tN-eat to the envirorunent. (c) Licensee and/or the operation of the Landfill is currently in violation of any of the terms, conditions, or requirements of this License including specifically, but not limited to, the operational requirements, pe~f'ormance standards and envirorm~ental monito~'ing requirements of SectiOns 4, 6, 7, and 8; and the requirements in Sections 17 and 25, to make prompt payment of ail fees due the City. Licensee's "Industrial Solid Waste Management Plan, November, 1999 Janua~ 2004 shall be complied with in all respects, subject to specific requirements of this License, and may not be modified or amended without the City' s pr/or written approval. (03) Incorpora'don of State Standm'ds. The Landfill shall comply with the required practices for maintenance and operation of landfills set forth in 13 Minnesota Rules Parts 7001.0010 to 7001.0210; 7001.3000 to 7001.3550 and 7035.0300 to 7035.2875. (04) Compliance With Zonina Ordinance Performance Standards. The operation of the Landfill shall fully comply with the performance standards and other requirements of Chapter t-X 3:0 of the Elk River City Code, including specifically e~+;~_ arm ~o Divi,~i:0n 51 Stibdig'islo~ ~ ............... thereof relating to performance standards for industrial uses. (05) Superxds/on. An attendant shall be on duty at the site at all times while it is open for public use. Unloading of refuse shall be continuously supervised at the working face of the landfill. (06) Operating Records. Accurate records of daily waste disposal operations shall be maintained. Intake of Solid Waste in tons or cubic yards shall be recorded on a daily basis, in a manner acceptable to the City, and reported to the City on a monthly basis along with paylnent of the~,~,~ ~ ~'~ ~c .... ,~,~,,,~ ...... ~,~ Fee~ required by Section 25 of this License. The volmne and location of the disposal of Dangerous Wastes shall be recorded the day such disposal takes place and shall include the amount and type of waste disposed of, and the name and address of the source of the waste. Waste disposal records shall be available during normal business hours, for review and inspection by the City. (07) Recordin.,o. A detailed description of the location of the completed Sanitary Landfill site shall be recorded with the County Register of Deeds within four months after approval of the closure of the landfill. This description shall include the general type and location of deposited Solid Waste, the location of phased or staged disposal of wastes, the type and number of lifts, original and final terrain descriptions, site hydrogeotogic conditions, and other pertinent characteristics of the completed sanitmz¢ landfill site. (08) Education Pro,am. The Licensee shall: (a) Make available to all landfill users, including haulers and their customers, information which describes in common terms what is permissible and impermissible to dispose at the landfill. (b) Continue to conduct an employee training pro=re'am designed to assist employees in identifying impermissible waste materials and to prevent their disposal at the landfill. The training program shall be reviewed with City staff and recommendations to irnprove the progrmn shall be incorporated to the extent feasible. (09) Hours of Operation. The landfill shall not be operated between 7:00 p.m. and 6:00 a.m. The landfill may accept waste during off hours only under the following circulnstances: 14 (a) The wastes have been tested and approved for disposal; (b) Acceptance is necessary during offhours because of extraordinary circumstances; (c) Each instance of off hour acceptance has received the prior approval of the City Building and Zoning Administrator and such approval was granted dm'ing City business hours; and (d) Each instance of off hour acceptance is documented in a letter sent by the Landfill to the Building and Zoning Administrator within five business days of the instance off hour acceptance. 7.) Site Environmental Monitofin,~. (01) On-site Groundwater. The Licensee shall perform omsite water quality testing at the monitoring wells in the maturer required by the MPCA permit. The wells shall meet current Department of Health Well Code Standards. The Water Quality report shall be submitted to the City when it is submitted to the MPCA. (02) Surface Water Quality. The Licensee shall have surface water quality tests performed in conjunction with sampling quarterly events when water is present. (03) Off-Site Groundwater Quality. The Licensee shall annually sample the individual private wells identified in the Phase IV Water Quality Monitoring Work Plan required by Section 4(05). All private wells shall be analyzed for pH, COD, ammonia, chlorides, specific conductance, and volatile organic compounds (MDH method 465G and EPA methods 601,602). (04) Modification. The testing pro,ams specified in this Section 6 may be modified by City staff if City staff reasonably determines there exists a need for additional wells to be tested or additional parameters to be analyzed, based upon water or air quality test results indicating the presence of contamination. 8.) Hvdro~oeolo:ic Reports. The investigation of the hydrological and geophysical characteristics of the site shall be continued and any other new infon~nation relating to the hydrog¢6dogic impact of the site shall be reported to the City. Hydrogeologic reports shall be updated, amended, and modified as wan'anted by newly discovered or additional data acquired in the continued hydrogeologic investigation. Licensee shall notify City at least two (2) days in advance of any soil boring or well construction required by this License. 9.) Dust. Noise. and Odor. Fugitive dust emissions off-site shall be controlled at the Landfill Site as necessary by undertaking the following: road surfaces within the Landfill Site shall be wetted with water or an appropriate chemical t5 whenever off-site dust levels become urn'easonable as determined by the City Zoning Administrator. Dust pollutives shall be utilized to the extent necessm-y on cover material such as stockpiles to reduce wind erosion as well as on other exposed surfaces as appropriate. Cover compaction and revegetation activities shall be undertaken promptly on the completion of various fill areas and vegetative cover capable of quick ~'owth shall be utilized. Plantings of bushes and trees shall be installed if needed to buffer the Landfill Site and minimize wind erosion. All equipment and vehicles utilized at the Landfill Site shall be periodically inspected and maintained to mi~zimize noise. Vegetative banT'iers along the boundaries of the Landfill Site shall be utilized to minimize off-site noise impacts. Applicable state standards for noise pollution may not be exceeded by the Landfill operation, equipment, vehicles, or machinery. The Licensee shall take reasonable actions to control odors from the Landfill Site. 10.) Closure. Within six (6) months of a written demand by the City, and in no event later than one (1) yean' prior to the date projected for cessation of waste disposal, the Licensee shall submit to the City for approval an updated closure and post-closure plan for the Landfill Site. 11 .) Insurance. The Licensee shall secure and maintain insm-ance fi'om an insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which will protect the Licensee, its agents and employees, and the City from claims for bodily injury, death, or property dan*nage which may anise from the operations on the Landfill Site. The Licensee shall file a certificate of insurance or a. certified copy of the insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverage shall be provided in amounts not less than those specified: (01) Public liability, general liability, loading and unloading, [completed operations, explosion, collapse, under~'ound operations], personal injury, and property damage with the following minimum limits: (a) One Million Dollars ($1,000,000) per claimant. (b) One Million Dollars ($1,000,000) per occm'rence. (c) One Million Dollars ($1,000,000) annual aggregate. 16 (02) Automobile and truck public liability, personal injury, and property damage, including owned and non-owned vehicles with a One Million Dollars ($1,000,000) minimum limit. (03) The City may require additional insurance be provided by Licensee if market conditions change such that additional coverage become economically practicable. The insurance limits required by this section shall be reduced if these insm'ance limits are not reasonably and economically available. For the pm-poses of this subsection "economically practicable," "reasonably" and "economically available" shall be determined by the insurance coverage affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. 12.) Bonding. (01) The Licensee shall furnish a surety bond in favor of the City in the amount of T~'ee Hundred Thousand Dollars ($300,000) to run continuously (amaual renewal allowed) until all landfill operations and closure activities are completed to ensure compliance n, ith the terms and conditions of this License. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving one hundred twenty (120) days' prior written notice to the City. The Licensee shall renew each such bond no more than sixty (60) days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Licensee and shall constitute ~-ound for immediate and automatic revocation of this License. Said bond shall provide that if the Licensee refuses to obey any of the requirements or to any of the acts required by this License or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore, repair, or clean up the Landfill Site to the condition and requirements required by lan,, the obligor shall reimburse the City for any and all expenses incun'ed to rernedy the failure of the Licensee to comply with tills License, and the obligor shall indemni~, and save the City harmless fi'om all losses, costs, and charges that may occur to the City because of any default by the Licensee. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allon,s/ts use on instruction by either or both the City and County. (02) In the event this, or any subsequent license is revoked or the Licensee closes operation of the landfill for any reason, including but without limitation, order of the com-t or other agency of competent jurisdiction, bankruptcy, insolvency, or abandonnaent, the Licensee shall immediately proceed to close, cover, and grade the Landt~ll Site according to an envirom~entally sound closure plan which shall be approved by the City and which shall comply with all requirements of the MPCA and Sherburne County relating to final closure. In the event the Licensee fails to comply with the terms of this subpara~aph (02), the City may, upon ninety (90) days' prior notice to the Licensee, enter onto the property and perform all such obligations, the costs of which shall be borne by the Licensee, or, in default thereof, by its surety. 13.) Applicability of License. This License shall apply to the entire Landfill Property. 14.) License Period. This renewed License shall be in force and effect til x~*' '~ '~ M:~ch i5i2¢'08 15.) Violation of Conditions. If the Licensee or its successors or assigns violate any term or condition imposed by this License, this License may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or license condition ixnposed by lawful goverm~ental authority and governing operations on the Landfill Property is wound for revocation and termination of this License. The change, alteration, or amendment of any such statute, regulation, ordinance, or license condition by any goverrm~ental authority other than the City shall not excuse the Licensee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the date of the original issuance of this License unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. 16.) Documents. Reports, az~d Maps. Copies of all documents, reports, and maps which are supplied to the MPCA or to Sherburne County shall also be supplied to the City, at the same time. 17.) Charges and Fees. The Licensee agrees to pay to the City upon the amendment and renewal of this License, $2,000. Thereafter, the Licensee shall pay the City an annual license fee of $2,000. 18.) On-Site Inspection. The City may inspect the Landfill and the Landfill Property for the pm-poses of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and others obtaining necessary information pertaining to the construction., operation, and enviromnental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted dm-lng normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time of inspection. In case of 18 emergency, the City will cai1 Debra Dehn to gain entry and provide notice of the situation. Licensee shah promptly notify the City of any substitutions of persons to be so notified. The City shall be notified by the Licensee immediately upon the occmTence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill o£ hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this License. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter fi'om City staff to Licensee. TMs letter may be revised or supplemented by City staff fi'om time to time as necessary to address the City's needs for notification. 19.) Indemnity. The Licensee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions legal and/or equitable arising from the operations on the Landfill Property. 20.) Wo;4zer's Compensation. The Licensee shall can-y in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling all requirelnents of the Worker's Compensation Act, including all legal requirements for occupational diseases, or self-insure for the above. 21.) Split Samples. The Licensee shall notify the City forty-eight (48) hours before any smnpling of ~'oundwater or surface water mhd allow the City at its expense to obtain split samples of such waters. 22.) Right to Require Performance. The failure of the City, at any time, to require performance by the Licensee of any provisions hereof shalI in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 23.) Severability. If any provision of this License shaI1 be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 24.) Amendment. This License shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. ) Tt~ seb pay fl1eH 95 ~ ~_~cn c ..... ~ ...... Fees. :Licen ~haii ost COrmnunitY Fee (HCF)pr6vided for in lheHost CO~nmunity Agreement emered rolo ~mween the L!censee and City on September 13, 200~ If Lic¢i~e hiig I6 pay ihe Li~fise~::shail then PaY the Lafidfill Abatement SUrCh 19 lls,,L to,~,,,~ ~,,,~ ........ 5'- authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surcharge). The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the landfill each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the Surcharge when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. 26.) Conflicts. In any cases in which the Licensee believes there is an irreconcilable conflict between the requirements of this License and Laws, Rules, Regulations, or Order of any other governmental authority, the Licensee shall promptly notify the City of such in'econcilable conflict and request an amendment of this License. Until such time as the City acts upon a request for an amendment to this License, which it may ~m-ant or deny in its sole discretion, the terms of this License shall govern all operations at the Landfill site and shall prevail over the provisions of any document submitted by the Licensee and any requirements of state or federal law. The City shall not unreasonably refuse to amend this License or waive compliance with this License in order to prevent violation of law. 27.) Modification, Suspension. or Revocation of License. The violation of any of the terms of this License is grounds for suspension or revocation hereof. Furthermore, the City specifically reserves the right, and the Licensee a~ees that this License may be mnended, suspended, or revoked by the City as reasonably required to protect the public health, safety, and welfare. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this License, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the landfill places the public health, safety, or welfare, in jeopardy. Such information includes, but is not limited to the following: (01) A determination that (other than as indicated in the license application) leachate generated at the Landfill Site is migrating to surface or ground waters in a way that threatens the public health, safety or general welfare. (02) A detel-mination that (other than as indicated in the license application) standards for drinking water (whether promulgated as of the date of this License or at a later date by the United States Environmental Protection Agency, the Minnesota Depal-tment of Health, the Minnesota Pollution Control Agency, or any other goverm~ental agency promulgating standards for toxic wastes, 2O hazm'dous wastes, pollutants, or contaminants in groundwaters or sm'face waters) are being violated as a result of landfill operations. (03) A dete~Tnination that the emission of landfill gas on the Landfill Site is creating or threatens to create a safety hazard to the con~nunity. Without limiting the foregoing, the City reserves the fight to alnend this License to impose upon the Licensee the obligation to comply with any state or federal law or regulation relating to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendlnent of this License may be ordered only after a public hearing on such suspension, revocation, or amendnaent preceded by thirty (30) days' whtten notice to the Licensee or at the time of consideration of renewal of this License. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefore. ATTEST: THE CITY OF ELK RIVER: ............. lis City Administrator Clerk By: Stephanie A. Klinzing Its: Mayor ELK RIVER LANDFILL, INC. By: Debra Dehn Its: Site DiSthCt Manger 21 ~PT-TTQ TIN'F~T~I)I TS. /T'C2~7~F~ N~,Z A ~ ^ 1N/F~INTT~'E2I-'~ 22 ...\Elk River~459\04elkamr01 .dgn 02/18/2004 09:22:54 AM