6.1. SR 11-19-2001C~ty ~
MEMORANDUM
Item ~ 6.1.
TO:
Mayor and City Council
FROM:
DATE:
Steve Rohlf, Building and Zoning Administrator
November 19, 2001
SUBJECT:
Modification to Elk River Landfill's Conditional Use Permit and
Solid Waste License to Authorize a New Demolition Disposal
Area and an Encroachment into an Existing Buffer Area/P.H.
Case # CU 01-35
Request
The Elk River Landfill is requesting a modification to their existing conditional use permit
(CUP) and solid waste facility license (most recent renewal of both was May, 2000) to allow
them to dispose of demolition debris over the top of an existing mixed municipal solid waste
(MSW) cell. This request necessitates a modification to their grading plan in the area of the
proposed demolition debris cell. The modification includes changing the existing 5 to 1
slopes in this area to 3 to 1 slopes, which is consistent with the slopes to the south of the
proposed demolition cell and encroaching on the buffer area adjacent to the City's Railroad
Hiking Trail. The additional encroachment is due to the slopes and berms associated with
the proposed demolition cell. The actual demolition debris will not be deposited any further
into the buffer area than where the MSW is currently located. The property affected by this
request is already zoned Solid Waste Facility Overlay District.
Attachments
~ A vicinity map showing the location o£ the Elk River Landfill
~ A letter dated October 18, 2001, from Matt Ledvina, Environmental consultant for
the City of Elk River.
~ The current Landfill CU.? (the Landfill's Solid Waste Facility License was not
provided because the language is the same as the CUP).
~ The following submittals from the Elk River Landfill:
· A written explanation of their request provided by the Elk River Landfill,
dated October 16, 2001.
· Final Cover Grades and surface Water Management, dated January, 2000,
which shows the currently approved contours.
· Final Cover Grades, dated June 2001, which shows the proposed contours.
· An aerial photo showing Final Cover Grades, dated October 2001.
· A colored version of Final Cover Grades, dated October, 2001.
A Cross Section showing the proposed grade changes, dated October, 2001.
· A landscape plan, dated November 15, 2001.
Review of Issues Specific to the Request
)~ Shoreland District - For over a year, the Elk River Landfill has struggled to gain
approval of an expansion to their demolition debris disposal area in Livonia
Township, which still has not been approved. One of the issues that surfaced with
this request is that Sherburne County zoning requires landfill's to be located in
industrial zones. Apparently, industrial uses are not allowed within the Shoreland
District of a Natural Env. ironment Lake under Minnesota Rule 6120.3200. Rice
Lake, adjacent to the west of the Landfill, is a Natural Environment Lake. The
Shoreland District for a Natural Environment Lake is 1,000 feet from the ordinary
high water mark, therefore, industrial uses are not allowed within 1,000 feet of Rice
Lake. The property included in the Landfill's request in front of the City of Elk
River also falls within the Shoreland District for Rice Lake.
As defined by the city's Shoreland Management Ordinance (adopted from the state's
Model Shoreland Ordinance) an industrial use is: "The use of land or building for the
production, manufacture, warehousing~ storage, ortransfer of goods, products, commodities, or other
wholesale items." Landfilling does not necessarily fit this definition. Unlike Sherburne
County, the City of Elk River does not require that landfills be located in ind, ustrial
zones.
The Legislature of Minnesota has delegated responsibility to the local governments
of the state to regulate the subdivision, use and development of the shoreland of
public waters (M.S. 462). The city previously zoned the Landfill's property to Solid
Waste Facility Overlay Zoning District, in which landfills are a condition use.
Section 904.06 (2) (B) of the city's Shoreland Management Ordinance states: "All
Permitted, Conditional and Prohibited Uses as specified by the applicable underlying Zoning
District shall apply". ,~
The Shl' oreland Management Ordinance does not so much dictate what land uses
go where, but rather how land uses affect the public water. The publication A
Technical Report on Managing Nonconformities in the Shoreland Management
District states: "Zoning controls regulate the location of underlying land uses. The shoreland
standards focus primarily an the manner of use ~. e. dimensional standards) to reduce the potentially
harmful effects on thepublic water of overcrowding and poorly planned development of shoreland
areas, to maintain property values, and to preserve the natural characteristics of the shoreland and
adjacent water areas".
Landfills are an interim use, similar to mining activities, which are allowec~'in the
Shoreland District of a Natural Environmental Lake. If done appropriately, in the
long term the Landfill will be a grassy slope with no negative affect on Rice Lake. In
addition to the normal seven standards for reviewing a conditional use permit found
in Section 900.42 of the City of Elk River Code of Ordinances, the city needs to
apply "Evaluation Criteria" for conditional uses found in 904.08 (7) of the city's
Shoreland Management Ordinance, to ensure the protection of Rice Lake.
It is staff's interpretatio~ that the city does have the authority to determine the
type of land uses in a Shoreland District and that a landfill can be considered.
Dave Hills, Regional Hydrologist for the Minnesota Department of Natural
Resources agrees with this interpretation.
Technical Issues- Matt Ledvina's attached letter, dated October 18, 2001,
addresses the adequacy of the Landfill's proposal on a technical level. The Landfill's
proposed 3 to 1 slopes for the demolition area, which are consistent with the cells on
either side of it. Other technical concerns, such as storm water management and
protection of the cap over the existing MSW cell have been considered on a staff
level. If this request is approved, the recommendations contained in Mr. Ledvina's
letter should be made conditions of that approval.
Screening and Buffering - Besides the interpretation of the Shoreland
Management Ordinance, the most critical issue involved in this request is screening
and buffering. The disposal of demolition debris is not allowed by state rules within
50 feet of a property line and the disposal of municipal solid waste is not allowed
within 200 feet. The city's permit is somewhat different in that it requires that a 200
foot buffer strip remain free of the disposal of MSW, demolition debris and
associated slopes and ber,,ms. The purpose of this buffer is an attempt to preserve
adjacent property values and natural amenities by taking advantage of natural
screening and buffering. The city's buffer also leaves an area free of landfill activities
so that things like monitoring wells can be placed on the landfill property.
Through previous approvals, the Landfill has already been allowed to encroach on
the 200 foot buffer adjacent to the location of this current request. The city's
Railroad Hiking Trail is located to the west of the Landfill, where this expansion is
proposed. Because of how close the historic waste fill limit is to the city's property
in this location, the city has agreed to allow monitoring wells on its property.
Due to it being in the proximity to the Railroad Hiking Trail, the Park and
Recreation Commission has been asked to comment on this request. They believe
that it is critical for the Landfill to demonstrate that the hiking trail will be better
screened after the work under this proposal is accomplished than it was before, since
the advantage of distance from the proposal will be sacrificed. The Park and
Recreation Commission did not review the actual screening plan proposed by the
Landfill, but the attached landscaping plan does reflect the details recommended by
the Planning Commission.
Other Landfill Issues
When a request is made to modify an existing CUP, all pertinent issues regarding the subject
operation are up for consideration. The following are ongoing issues that the Landfill and
staff have been dealing with since the last renewal of their permits:
Fires in existing demolition area- The Landfill first reported a hot spot (fire) in
their existing demolition disposal area on the north side of their operation in the
spring of 2000. Landfill fires can burn below the surface and, therefore, be difficult
to squelch. This fire was smothered with earth and assumed out. A second fire, or
possibly a flare up of the same one, sprang up in this demolition area this past
summer. The introduction of oxygen due to mining recyclables in the demolition
area may be one contributing reason for the fires. The Landfill has been required to
install heat sensing probes to get an exact location of these fires to aid in suppressing
them. Staff is not recommending adding conditions to the Landfill's Cup or
license due to this issue. The existing language is adequate and it is a matter of
enforcement.
Litter- Since their last renewal, the Landfill has received a Notice of Violation from
the Minnesota Pollution Control Agency (MPCA) regarding daily cover last summer.
Daily cover, a minimum bf six inches of soil placed over the days refuse, is required
to keep the refuse from blowing away and becoming litter. This was an operational
problem that was apparently corrected since.
In addition to the daily cover, the Landfill is required to erect temporary fencing
adjacent to active areas to control litter and they are to inspect all trucks leaving the
facility to ensure they are free of debris prior to leaving their site. As a last resort to
control litter, the Landfill's CUP and license requires that they engage in routine litter
removal along Highway 169 for ½ mile on either side of their entrance and from
other areas adversely affected a minimum of once per week.
Even with these controls, litter is still the number one complaint received by she city
concerning the Landfill. Staff is not recommending additional permit language
regarding this issue. Again, it is a matter of enforcement. Staff recently requested
that the Elk River Police Department step up patrols in this area and ticket trucks
with leaky loads (debris blowing off of them).
Contamination - Controlling contamination from the original unlined cells prior to
it leaving the Landfill site is the city's major concern. The active gas venting system
installed at the Landfill is apparently doing some good in this regard. City staff will
continue to monitor the ~'ituation to discern whether or not this remedial action is
adequate. Two specific areas of contamination are of immediate concern. One is in
the northeast corner of the Landfill where monitoring wells showed contamination
extending close to the Landfill's property line. A change in the gas venting system in
this area seems to have brought the contamination in this area under control.
Contamination levels in the monitoring wells in this location are now below MPCA's
intervention limits.
The second area is on the west side of the Landfill where an apparently isolated
plume of contamination is rapidly approaching the Landfill's property boundary.
The Landfill is cooperating with staff to aggressively find a solution to neutralizing
this contamination. Existing permit language is adequate to address the issue
of contamination, therefore, staff is not recommending any changes.
Safety - Due to the nature of landfill operations, safety is on ongoing issue. For
example, the Elk River Landfill recently moved their scale house further back into
their property to avoid waiting trucks stacking onto Highway 169.
Waste Management has recently suffered a number of fatalities at their facilities
throughout the nation. This has prompted Waste Management to develop "New
Disposal Area Safety Rules and Procedures". Fairly recently, there was an accident at
the Landfill where a large truck with it's box high in the air dumping it's load tipped
over on someone. This caused the city to add a section in the Landfill's license and
CUP titled, "Small-Load Dumping Site". This section requires separate areas for
residents and commercial haulers to unload their garbage. The city's permits also
contain language regarding safety equipment at the Landfill and training.
Staff is not recommending that additional language be added to the Landfill's
permits at this time, but will consider this again during their next renewal.
Next Renewal - Staff is recommending that this review does not replace the
Landfill's next permit renewal, which is scheduled in May of 2004. Staff's main
rationale for this is that the Landfill is required as part of their next renewal to
develop an end use plan for their property. The Landfill is prematurely in front of
the city due to their need for additional area to accommodate demolition debris
disposal. They are not prepared at this time to address the issue of an end use plan.
It behooves the city not to rush this process in the hopes of gaining a better product.
Leachate Recirculation
Leachate, made up of mainly rainwater, is the contaminated liquid generated by
landfills. The Landfill is proposing to collect this leachate in a series of pipes and
recirculate it through the refuse. There are a couple of advantages to this process:
· Recirculating leachate makes a landfill a bioreactor. Adding liquid speeds up
the decomposition of refuse verses the conventional practice of locking it up
in a dry tomb. One major concern with landfills is the life expectancy of the
liners underneath them, which keep leachate from entering the ground water
below. Speeding up the decomposition time of refuse reduces this concern
by neutralizing certain contaminates before the liner's usefulness is in
question.
· Recirculating leachate causes refuse to settle more, allowing for more
capacity on the same footprint. This consequently reduces the need for new
landfill space. Differential settle at landfills is also a problem. After a landfill
is closed you don't want water setting on top of it and potentially creating
more leachate. Leachate recirculation helps with getting this settlement over
before a landfill is closed.
· A side benefit to leachate recirculation is that it speeds up the production of
landfill gas, making for more efficient energy recovery (the landfill gas is
being converted tt~ electricity).
Sherburne County has already approved leachate recirculation at the Elk River
Landfill. The city of Elk River also approved it as part of the Landfill's last renewal.
This issue only awaits approval by the Minnesota Pollution Control Agency 0VIPCA)
to be put into practice, which is anticipated prior to the next renewal of the Landfill's
city permits.
Criteria for Review
Section 900.42 of the City Code of Ordinances - The city shall recommend a conditional
use permit and the Council shall order the issuance of such a permit only if it finds that such
use at the proposed location:
i. Will not endanger, injure or detrimentally affect the use and enjoyment of other
property in the immediate vicinity or the public health, safety, morals, comfort,
convenience or general welfare of the neighborhood or the City.
ii. Will be consistent with the comprehensive plan.
iii. Will not impede the normal and orderly development and improvement of
surrounding vacant property.
iv. Will be served adequately by and will not adversely affect essential public facilities
and services including streets, police and fire protection, drainage, refuse disposal,
water and sewer systems, parks and schools; and will not, in particular, create traffic
congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
v. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons or property because of excessive
traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
vi. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
vii. Will fully comply with all other requirements of the City's Code of Ordinances,
including any applicable requirements and standards for the issuance of a license or
permit to establish and operate the proposed use in the City of Elk River.
Section 904.08 (7) (A) of the city's Shoreland Management Ordinance- The following
additional evaluation criteria and conditions shall be considered in evaluating conditional use
permit requests within shoreland areas and a thorough evaluation of the waterbody and the
topographic, vegetation, and soils conditions on the site shall be made to ensure:
i. the prevention of soil erosion or other possible pollution of public
waters, both during and after construction:
ii. the visibility of structures and other facilities as viewed from public
waters is limited.
iii. the site is adequate for water supply and on-site sewage treatment; and
iv. the types, uses and numbers of watercraft that the project will generate
are compatible in relation to the suitability of public waters to safely
accommodate the'~e watercraft.
Findings/Recommendation
MPCA has already approved the request by Elk River Landfill to add demolition debris
over cell DC-3. Sherburne County has indicated that they will also approve this request,
but are waiting for the City of Elk River to react to it. The Planning Commission found
that the Landfill's request met the seven standards listed above for a conditional use
permit and the four evaluation criteria list in the city's Shoreland Management
Ordinance. Therefore, the City of Elk River Planning Commission is
recommending approval of the modification to Elk River Landfill's Solid Waste
Facility License and CUP to allow demolition debris to be deposited over MSW
cell DC-3 under the following conditions: ,.
1. That this approval is conditioned on the recommendations contained in Matt
Ledvina's letter, dated October 18, 2001.
That Sections 2.) (03) (b) of the Landfill's CUP and Solid Waste Facility License be
amended to read: "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."
That three rows of spruce with ten feet spacing between rows and ten feet spacing
between trees in each row shall be planted on the city's property in areas adjacent to
the proposed demolition cell where no trees currently exist. Other vegetation, such
as bushes, shall be planted in these areas as proposed by Landfill. Further, that
spruce shall be planted on the Landfill's property at the base of the slope along the
entire length of the new demolition debris cell to help screen the operation during
the winter. Lastly, that the Landfill provide the city a plan depicting these
requirements, prior to the Elk River City Council acting on this request.
4. That this current amendment does not replace the Landfill's requirement to~.renew
their Solid Waste Facility License and CUP in May of 2004.
Case Number:
Location Map
CU 01-35 Elk River Landfill
N
October 18, 2001
Mr. Steve Rohlf
City of Elk River
13065 Orono Parkway
Box 490
Elk River, MN 55330
RE: Elk River Landfill-CUP Amendment
Dear Steve:
This letter is sent to transmit my comments regarding the Conditional Use Permit (CUP)
amendments which have been requested by Elk River Landfill (ERL) and Waste Management,
Inc. (WMI) in their application of September 21, 2001 and supplemental information dated
October 16, 2001. As you have requested, I have also reviewed the conditions of the CUP to
determine if any other changes are appropriate from a technical perspective.
The major revision to the site development plan is the establishment of demolition waste
disposal cell, DC-3, over previously closed mixed municipal solid waste cells 2 and 9, as well as
a portion of cells 3. This development will have several beneficial aspects for the site. There
has been significant settlement in this area of the site and surface water drainage has been
adversely effected. Refilling this area will correct the settlement and will eliminate the need to
transition the waste sideslopes in this area from existing 5:1 to future 3:1 for completion of
subsequent waste cells in the southern portion of the site.
"surface Water - The existing final cover system for Cells 2,3 and 9 contains water piping within
the drainage layer along the existing benches. It will be necessary to locate this piping and
abandon or remove it to prevent the flow of leachate through the piping and potentially beyond
the cell DC-3 boundaries.
The surface water runoff.-pond, P-l, located immediately west of the proposed DC-3 cell has
been [econfigured and decreased in capacity to accommodate the construction and grading for
the leachate containment system. The surface water routing for the final contour plan has been
modified to correspondingly direct a large volume of surface water to the ponds located on the
east and south sides of the fill area. A 24-inch culvert serves as an overflow outlet for Pond P-
l. The construction plans should be developed to show the placement of rip-rap and other
erosion control measures at the inlet and outlet of the 24-inch culvert.
Leachate Management - The engineering design considerations for the construction of the
new demolition cell are presented as a concept plan. Construction plans will need to be
developed to account for detailed site conditions related to the replacement of the 10,000 gallon
with a 30,000 gallon tank as noted on the engineering plan. The details for installation of the
ENVIRONMENTAL. RESOURCE GROUP
900 Second Avenue South Minneapolis, WIN 5;5402
phone 612.339.4750 fax 612.339.4990
Page 2
October 18,2001
new tank including connections to existing leachate piping for cell 11 and the Ioadout facilities
should be provided with the construction plans.
Landfill Gas System - There are at least six LFG extraction wells within the fill limits of cell
DC-3. The engineering design report indicates that the wells will be extended vertically as the
filling progresses. Demolition wastes must be placed carefully to ensure that the wells are not
damaged.
I reviewed the CUP for items that might warrant change. If the council authorizes the requested
amendment, the language in section 2.) (03) (b) should be modified. The reference should.be
changed to read: "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
Permitee and reviewed by City Staff." I did not see the need to change any of the other specific
conditions in the CUP. Other issues for WMI and the landfill can be addressed within the
existing framework of the CUP and License.
Please contact me if you have additional questions or comments. My direct dial phone number
at ERG is 612-339-2316. Thank you.
Sincerely,
Matthew L. Ledvina, P.E.
Project Manager
Cc: Dave Lucas, Sherburne County Zoning
G:\Clients\Client A-L\City of Elk RiveACER2000-020\Corr\Letters 2001\1t011018.doc
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CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
AMENDED CONDITIONAL USE PERMIT
THIS AGREEMENT, made and entered into this 2-~/ day of ~4A/J/, 2000
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
subsidiary of USA Waste of Minnesota. Inc., a Minnesota corporation, which
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 January 20, 1987, and is currently operating a landfill at that location
(the Landfill); and
WHEREAS, the City adopted an amendment (the Amendment) to its zoning
ordinance authorizing the designation of a Solid Waste Facility (SWF) district
effective 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 regulation of the use of land for
landfill purposes within the City is a matter of important public need and
interest; and ..
WHEREAS, the residents of the City could be adversely affected by the
unregulated operation of the Landfill; and
WHEREAS, the City rezoned the Landfill Property to SWF district and
issued a Conditional Use Permit and Solid Waste Facility License for the Landfill
operation in October, 1988; and
WHEREAS, 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 Landfill should be limited to
no more than 1120 feet above Mean Sea Level (MSL); and
WHEREAS, the permittee agreed to a final elevation of no more than 1120
MSL; and
WHEREAS, the Permittee has applied on January 21,1999 ("Permit
Application" 9/99) 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 City of Elk River Planning Commission and City Council
have held hearings on the request to amend the Conditional Use Permit, at
which hearings all citizens of the City of Elk River and other interested parties
have had the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, that Elk River Landfill, Inc., is hereby granted an amended conditional
use permit for landfill and related operations on the Landfill Property described
above, subject to the terms, conditions and qualifications hereinafter stated, to
wit:
1.) Scope and Conduct of Landfill Operations. The operation of a solid
waste landfill may be conducted on the Landfill Property in conformance with
existing statutory and regulatory authority and requirements of the City,
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 City Solid Waste Facility License of the Permittee; and
(04) this Permit.
Landfill operations may be conducted on the Landfill Site only in
accordance with the plans, descriptions and reports incorporated in said permits
and licenses. Provided, however, that the entire Landfill shall have a final
elevation of no more than 1120 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) 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 Permit, subject to the following conditions:
(a)
The operation of the recycling center shall comply in all respects
with all applicable requirements of the City Code of Ordinances and
all applicable federal, state, and county laws and regulations.
(b)
The recycling center shall be located and operated as shown on
plans submitted by Permittee and approved by City staff. The
recycling center may accept additional materials, including
household hazardous wastes, provided that Licensee's plan for
handling additional materials and any changes to the recycling
center shall first be approved in writing by the City.
(c)
The recycling center shall be operated by Permittee. Operation of
the recycling center by a different operator shall require the prior
written approval of City staff. Any different operator of the recycling
center must comply with all of the terms and conditions of this
Permit.
(d)
Permittee shall place appropriate signage on the Landfill property to
direct citizens to the location of the recycling center.
(e)
Used oil recycling areas shall be within an enclosed building with an
impermeable floor and 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 pick-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 all applicable
terms and conditions of this Permit, subject to the following conditions:
(a)
The operation of the yard waste composting facility shall comply in
all respects with all applicable requirements of the City Code of
Ordinances and all applicable federal, state, and county laws, and
regulations.
(b)
The yard waste composting facility shall be located and operated as
shown on plans submitted by Permittee and approved by City staff.
(c)
All plastics shall be removed from yard waste brought to the facility
before composting.
(d)
All municipal solid waste must be immediately removed from yard
waste and landfilled.
(e)
The yard waste composting facility must be operated in such a
manner as to keep odors to a minimum. If odor becomes a problem
staff may require more frequent turning of compost piles and/or
watering to ensure that the compost remains aerobic and breaks
down as quickly as possible.
The maximum amount of yard waste which may be accepted is
100,000 cubic yards per year.
(g)
Positive drainage away from the compost area must be implemented,
as approved by City staff.
(h)
Yard waste and/or compost may not be used as daily cover for the
landfill.
(i)
That Permittee is in strict compliance with all other terms,
conditions and requirements of this Conditional Use Permit,
including specifically, but not limited to, the operational and
environmental monitoring requirements of sections 4, 6, and 7, and
the requirements of sections 17 and 25 to make prompt payment of
ail 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 shall be located and operated as
shown on the "Revised Demolition Fill Plan submitted by Permittee
and approved by City staff.
(c)
Permittee shall provide an estimated development time line for the
demolition debris landfill, including an estimated closure time line,
which shall be updated as appropriate.
(d)
Permittee shall pay the demolition debris surcharge authorized by
Minn. Stat. § 115A.921, Subd. 2. The Surcharge shall be paid
directly to the City on a monthly basis, and shall be accompanied by
an accurate report on the amount and type of demolition debris
disposed of each day during the month. The Surcharge due for each
month shall be received by the City no later than the'~irt~
calendar day of the succeeding month. Failure to pay the surcharge
fee when due shall be cause for revocation of this Permit and shall
be a violation of the conditions and requirements of this Permit for
the purposes of the related operations authorized by Section 2 of
this Permit.
(e)
That Permittee is in strict compliance with all other terms,
conditions and requirements of this Conditional Use Permit,
including specifically, but not limited to, the operational and
environmental monitoring requirements of sections 4, 6, and 7; and
the requirements of sections 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 Landfill Property
unless this Permit is first amended to specifically allow such operations and to
specify the applicable conditions, except mining activities or other operations
licensed or permitted separately by City.
3.) Buffer Zone/Screenina. 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 Landfill 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,
which are incorporated into Sherburne ounty s license for the Landfill.
C '
4.) Specific Additional Operational Requirements.
(01) Leachate Transmission Pipes. Permittee shall verify to the City every four
(4) years that the existing leachate transmission pipes do not leak.
(02) Backup Leachate Pumps. Permittee shall maintain backup pumps for use
in the event of pump failure at the wet well and leachate storage tank on-site, or
shall maintain provisions for restoring temporary leachate pumping within a 24-
hour period.
(03) Leachate Holding Tank: Permittee shall ensure that the leachate-holding
tank is pumped out on a regular schedule. It shall be a violation of this Permit
to allow leachate to collect on the liner to a depth exceeding one foot due to the
leachate-holding tank being full.
(04) Gas Venting System. 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 Quality Monitoring 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 annual updates shall be approved by the City.
(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.
(07) VOC Remediation Feasibility Stud¥~ In accordance with MPCA Permit, Part
III.C., Corrective Action, the Landfill will be allowed a three-year timeframe in
which to demonstrate the effectiveness of landfill gas extraction system in
reducing VOC contaminants in the groundwater. Sufficient water quality data,
as determined by City Staff, shall be gathered to determine significant trends.
If, as of March 1,2001, groundwater quality standards are exceeded at the
facility's compliance boundary and the concentration of VOCs do not show a
decreasing trend, the Landfill shall complete a Focused Feasibility Study. The
Focused Feasibility Study shall be submitted to City staff by June 1, 2001.
(08) VOC Remedial Action. If necessary, the selected remedial measure for
VOC contaminants identified by the Feasibility Study must be constructed and
operational by March 1, 2003, unless good cause can be shown for a delay.
(09) Heaw Metal Contaminant MonitorinK 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.
(10) .Heavy Metal Contamination Feasibility Study. If heavy metal
concentrations in groundwater and surface water exceed regulatory standards,
the Landfill will be required to conduct a Feasibility Study and submit it to City
staff on schedule determined by City staff.
(11) Construction ~)ualit¥ 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)
(b)
(c)
(d)
All relevant construction specifications;
All shop drawings for prefabricated components;
Photo documentation of all critical aspects of construction;
Deflection testing results for leachate collection and transmission
pipes;
(e)
Narrative description of all as-built variances from the plans and/or
specifications;
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;
(i) All physical testing results.
(12) Permittee shall notify the City at least two (2) days in advance of liner
barrier layer installation or final cover barrier layer installation. The Permittee
shall assist the City in arranging inspection of the site at any reasonable time
the City requests. The Permittee shall keep the City informed of ongoing
construction progress and shall specifically notify the City of significant changes
encountered in the geological, hydrological, or construction conditions. The City
may reasonably require work which is covered or otherwise obscured prior to
City inspection, to be re-excavated for City Inspection.
(13) 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 Permittee shall assign employees to
engage in a regular and routine program to inspect the Landfill Site and clean up
areas where litter accumulates on the Landfill Site.
(14) Permanent Fencina. 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 safety or trespassing or uncontrolled
dumping.
(15) 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) Sanitary Facilities. Adequate sanitary facilities and shelter shall be
provided for site personnel.
(17) Electrical Service. Adequate electrical service shall be provided at the site
for operations and repairs.
(18) 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 purchased for the City Fire
Department shall be available at the Fire Department for use by permittee on a
temporary bagis, as approved by the Fire Chief. Permittee shall make a landfill
operator available at the request of the City Fire Chief to consult and advise the
fire department about landfill fire fighting issues.
(19) Safety Equipment. Emergency first aid equipment consisting of at least
one first aid kit kept near the working face, and at least one shower on site
available to all personnel and customers shall be supplied. At least one of every
four landfill personnel shall be trained in first aid and CPR.
(20) Water. A potable water supply shall be available for site personnel.
(21) 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.
(22) 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.
(23) Communication. Adequate communication facilities shall be provided for
emergency purposes.
(24) SecuriW. A gate shall be provided at the entrance to the site and kept
locked when an attendant is not on duty.
(25) 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 access road
from the north and south entrances onto T.H. by October 1, 2000 to reduce dust
generation.
(26) 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.
(27) 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.
(28) Small-Load Dumping Site. The Permittee shall, during all hours of
operation maintain and operate a .separate suitable and safe disposal area for
the dumping of small loads by pickup trucks, cars, and trailers. 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.
(29) 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
15 each year. When removing trees and stumps, Permittee shall prevent damage
to remaining trees.
(30) Leachate Recirculation. The City's approval of leachate recirculation is
contingent on approval by MPCA and Sherburne County. Remedies for 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 14 through 17. The City's approval of cells 14 through 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
part of their next renewal of this permit in 2004.
5.) Off-Site Litter Control. The Permittee shall engage in a regular and routine
litter maintenance and removal program extending one-hail mile north and
south of the entrance to the Landfill and to any other areas adversely impacted
by debris related to Landfill operations as may be determined by the City. Litter
shall be removed from these areas not less than once per week and more often if
necessary because of spills or complaints from neighboring property owners, 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
dean, 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 Zoning Administrator and such approval
was granted during City business hours; and
(d)
Each instance of off hour acceptance is documented in a letter sent
by the Landfill to the Building and Zoning 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 quality
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 Permittee 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
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.) Hydro,colonic 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 City, but
in no event later than one (1) year prior to the date projected for cessation of
landfill operations, the Permittee shall submit to the City for approval an
updated closure and post-closure plan for the Landfill Site.
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
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 timits 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
Permittee refuses to obey any of these requirements or to any of the acts
required by this Conditional Use Permit or for any reason ceases to
operate or abandons the landfill, and the City is required to expend
monies or labor or material to restore the Landfill Site to the condition and
requirements required by this Conditional Use Permit, the obligor shall
reimburse the City for any and all expenses incurred to remedy the failure
of the Permittee to comply with this Permit, and the obligor shall
indemnify and save the City harmless from all losses, costs, and charges
that may occur to the City because of any default by the Permittee. The
bond may be in a form exercisable by both the City and the County
provided that such exercise feature allows its use on instruction by either
or both the City or County.
(02) In the event this, or any subsequent permit is revoked or the
Permittee closes operation of the landfill for any reason, including but
without limitation, order of the court or other agency of competent
jurisdiction, bankruptcy, insolvency, or abandonment, the Permittee shall
immediately proceed to close, cover, and grade the Landfill Site according
to an environmentally sound closure plan which shall be approved by the
City and which shall comply with all requirements of the MPCA and
Sherburne County relating to final closure. In the event the Permittee fails
to comply with the terms of this subparagraph (02), the City may, upon
ninety (90) days' prior notice to the Permittee, enter into the property and
perform all such obligations, the cost of which shall 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 real
property and apply to the Permittee, its successors, and assigns.
14.) Permit Period. This Permit shall be in force and effect until March
20, 2004 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, reg-ulations,
ordinances, or permit or license conditions in effect on the date of the original
issuance of this Permit unless compliance is waived or excused by the City
Council. The City shall not unreasonably refuse to waive or excuse compliance
with existing permit or license conditions.
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
(O2)
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 sampling; and otherwise
obtaining necessary information pertaining to the construction, operation, and
environmental effect of the disposal facility, control equipment, and control
materials. Inspections shall be conducted during normal business hours except
in the event of an emergency. City personnel or agents performing the
inspection will notify personnel at the landfill office at the time of inspection.
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 City of Elk River
Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of
this Permit. The specific requirements for how, when and who to notify at the
City shall be set forth in a separate letter from City staff to 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.) IndemniW. The Permittee 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 Site.
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.
23.) Severabilitv. If any provision of this Conditional Use Permit shall be
declared void or unenforceable, the other provisions shall not be affected, but
shall remain in full force and effect.
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 City Ordinance.
25.) Landfill Surcharae Fees. This Permit does not waive the City's right
to collect the surcharge authorized by Minn. Stat. § 115A.921, Subd. 1 (the
Surcharge). The Surcharge shall be paid directly to the City on a monthly basis,
and shall be accompanied by an accurate report on the amount and type of solid
waste disposed of in the landfill each day during the month. The Surcharge due
for each month shall be received by the City no later than the thirtieth calendar
day of the succeeding month. Failure to pay the surcharge fee ~vhen 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.
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 Landf. ill Site and shall prevail over the provisions of
any document submitted by the Permit Holder and any requirements of state for
federal law. The City shall not unreasonably refuse to amend this Permit or
waive compliance with this Permit in order to prevent violation of the law.
27.) Modification, Suspension, or Revocation of Permit. The violation of
any of the terms of this Permit 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 CiW as
reasonably required to protect the public health, safety, welfare, and the
environment. Specifically, but without limiting the foregoing, the City may
amend, suspend, or revoke this Permit, whenever any reliable information is
secured from a recognized source which demonstrates that the continued
operation of the Landfill places the public health, safety, welfare, or the
environment in jeopardy. Such information includes, but is not limited to the
following:
(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, safety, or
general welfare.
(02) A determination that (other than as indicated in the permit
application) standard recommended health advisory levels or intervention
levels for drinking water (whether promulgated as of the date of this Permit
or at a later date, by the United States Environmental Protection Agency,
the Minnesota Department of Health, the Minnesota Pollution Control
Agency, or any other governmental agency promulgating standards for
toxic wastes, hazardous wastes, pollutants, or contaminants in
groundwaters or surface waters) are being violated as a result of landfill
operations.
(03) A determination that the emission of landfill gas on or adjacent to
the Landfill Site is creating or threatens to create a health or safety hazard
to the community.
Without limiting the forgoing, the City reserves the right to amend this Permit to
impose upon 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 Conditional Use Permit may be ordered only
after a public hearing on such suspension, revocation, or amendment, preceded
by thirty (30) days' written notice to the Permittee, or at the time of consideration
of renewal of this Permit. Notice of hearing shall include a statement of the
proposed action by the City and the reasons therefore.
Dated:
THE CITY OF ELK RIVER:
ATTEST:
Stephani~ Klinzing
Its: Mayor
Pat Ktaers
Its: City Administrator
ELK RIVER LANDFILL, INC.
Debra Dehn
Its: Site Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this .~cf day of
c//q/~.~x-7 2000, 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 )
The foregoing instrument was acknowledged before me this gp__L~ day of
~-/~ ~Fz~]f"~^ 2000, by Patrick D. Klaers, the City Administrator of the City of Elk
River, ofi behalf of the City of Elk River.
Norta~ Public
STATE OF MINNESOTA )
) SS.
COUNTY OF SHERBURNE )
~The foregoing instrument was acknowledged before me this ~' day of
~Z/~ , 2000, by Debr~n, the Site Manager of Elk~er
Landfill,~nc., a Minnesota corporatiOn'/on ~eN'~l~gf the corpo}~tion
t ~~ NOT, nV ~,O.~,,,~,0t, j Nota~ Pubhc
THIS INSTRUMENT WAS D~ED BY: THIS INSTRUMENT WAS MODIFIED BY:
DOHERTY, RUMBLE & BUTLER
PROFESSIONAL ASSOCIATION
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, Minnesota 55402
The Building and Zoning Department
of the City of Elk River
EXHIBIT A
PARCEL
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 tine 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 County, 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, To~vnship 33, Range 26, Sherburne County,
Minnesota, lying east of a line 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
line of the North 470 feet, as measured at right angles, thereof and lying west of
the following described line: 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
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.
From:
Date:
Re~
Steven Rohif, City of Elk River Planning and Zoning
Debra Dehn, Elk PJver Landfill Manager
Matt Ledvina, ERG
10/16/01
Elk River Landfill - Request to Amend the City of Elk River Conditional Use Permit
BACKGROUND.
Elk River Landfill (ERL) is requesting to amend Section 2.03, of the current City of Elk River C, onditional
Use Permit_ The current Conditional Use Permit was issued in May of 2000 and provided approval of
the January 14, 2000 repermit application pacl(~je developed by Wenck Associates. The repem~t
application package consisted of an Engineering Report and Plan Sheets, which described the
continued development of the landfill utilizing the following updated technology:
1) 3:1 final contour slopes over the remaining undeveloped area;
2) Increased height of remaining undeveloped perimeter berm;
3) Installation of leachate recirculation system; and
4) Surface water drainage and sedimentation improvements (within the buffer zone).
The January 14, 2000 Final Contour and Grading Plan as previously submitted and currently approved
under the City of Elk River Conditional Use Permit is attached.
DESCRIPTION OF REQUEST
ERL is requesting to amend Section 2.03 of the existing Conditional Use Permit to provide for
development of an additional demolition and construction debris disposal area, known as DC-3, over
the top of the previously dosed municipal solid waste (MSW) cell on the west side of the landfill. The
development of the DC-3 are~ with a capacity of 620,000 cubic yards, is necessary to provide for
immediate disposal of demolition and construction debris. The disposal airspace in the designated
demolition and construclJon debris disposal areas, known as DC-1 and DC-2 on the north edge of the
facility, has been rapidly consumed over the last few years and these areas are now full. Construction
and demolition debris matedal may be placed in the ERL munidpal waste cells, however, this matedal
consumes critical MSVV airspace which should be reserved for MSVV. As wel!, when demolition and
construction debds is placed in the MSW cell, the haulers are required to collect and pay additional fees
on the matedal as if it were MSW.
As designers reviewed options for development of the additional demolition and construction debris
disposal area, the middle west side of the landfill or the "transition area" came into discussion. This
area was previously closed with an MSW cap at 5:1 or 20% sideslopes. Over time, the area has
settled, creating sags which hinder proper surface water drainage. At the previously constructed 5:1
slopes, the area was. shown as an odd transition zone sandwiched betv~n the nor,hem demolition
area with approved 3:1 slopes, and the southern continued MSW cells also approved for 3:1 slopes.
The approved January 2000 plan sheets show the transition area and final contour configuration.
· Page I
The proposed DC,-3 design provides for the disposal of demolition and construction debris atop the
existing landfill within the transition zone, bdnging the area up to a 3:1 grade, consistent with the
northern and southern areas of the landfill. This will not only eliminate the surface water issues over
this area, but will also provide for a better overall final contour configuration of the entire western side of
the landfill. The DC-3 area will be final covered with an MSVV cap, as ulflized over the rest of the ERI_
Although not required by Minnesota Solid Waste Rules, the proposed DC-3 design includes provisions
for leachate management and collection. Leachate would be contained behind a lined berm, which
would be constructed at the toe of the existing final cover. Leachate would be pumped from a sump
into a leachate storage tank. The proposed berm would be constructed such that no additional waste
would be placed outside the existing waste footprint. The DC-3 proposal does not extend the waste fill
boundaries for the site.
The attached grading and final contour plans show the location of the proposed DC-3 development.
ERL provided detailed engineering plans to the City of Elk River, Sherbume County and the MPCA in
the spdng of this year. ERL met with representa~ves of each ~organization to address specific
engineering items to arrive at the current proposal, dated July 27~', 2001. The MPCA has public
noticed this proposal, as well as the January 2000 repermit application and anticipates delivering a new
permit to ERL by the end of October. Sherbume County an~dpates a st. afl revision to the County
Ucense, with subsequent board approval. Pending City of Elk River Approval and favorable weather,
ER.[. antidpates construction of the area by December 1.
BUFFER/SCREENING CONSIDERATIONS
As mentioned above, the DC-3 ama does not increase the waste fill footprint of the site. There will,
however, need to be grading at the toe of the slope for the DC-3 berm. As well, as the rest of the site
progresses in accordance with the approved January 2000 repermit plans, there will need to be grading
and shaping of landfill berm sideslopes, extension of the sedimentation basin on the west side of the
landfill, and the construction of access roads. The attached air photo shows the existing vegetation
coverage elong the western side of the landfill. Tree loss can be viewed by overlying the proposed
future development activities over the photo.
ERL acknowledges the impedance saving and maintaining as many trees as possible and is very
conscience of the need to screen the landfill from the trail users. ERL welcomes the opportunity to
work with the City and/or the Trail Group to develop an acceptable plan, which would likely include .the
placement of conifers along the west and south slopes of the sedimentation ponds (see attachment
screening plan).
· Page 2
O00gt,~ N --
80P d
ONIN::I::I~OS
O~SOdO~ld
~)NIN:~:~IC)S
PROPOSED -
SCREENING
PROPOSED
SCREENING
PROPOSED
ACCESS
TANK
ELK
R I VER
LANDFI~ EASEMENT AREA
'X
SWALE
039.3"% ~' /
--248000
WOv
~..o
fl.
WEST
1120
II18
1100
10q0
1080
1070
1060
1050
1040
1030
1020
1018
LU I
.-m. ~ I
>.. ~;~-mI
'i~'' ......' .......... '~'-~1
n, ·
""."Ol' ...... ' .......... '~" ' !
'" I
...2 ....
. i!
!
TRAIL
PROPOSED
DIVERSION SWALE (TYP.
.P..R~QPOS[ D .F.
PROPOSED
BENCH( :r.¥P..
EXISTING GRADE × .....
SUMP
PROPO~;ED BERM
APPROVED
BY:THE CITY:
-PROF~OSED POND
PROPOSED AqCESS ROAD
EAST
1120
1118
1180
10q0
1880
1070
1060
1850
1040
1830
1020
1818
clc)o
q80
q70
q58
q40
200 300 400 580 600 700 800 fl08 1800 1100 1200 1300 1400 1580 1600 1700 1800 1fl00 2000 2100
VERTICAL EXAGGERATION = §x
DISTANCE IN FEET
WEST
1120
1100
"1888
_z 186o
z 1040
o_. 1820
"' g40
EAST
0 100 280 380 400 588 680 700 800 ciO0 1880 1100 1200 1300 1480 1580 1600 1780 1800 lCj00 2808 2188
NO VERTICAL EXAGGERATION
DISTANCE IN FEET
SHEET NO.
6
October 16, 2001
Screening Plan
Goal
The primary objective is to ensure long-term buffering between the landfill and the
railroad trail, using trees and other appropriate vegetation. To accomplish this, the plan
calls for maintaining and enhancing the efficiency of existing trees and to improve
efficiency of tree row in collecting blowing debris and improving aesthetics. Plant
materials will provide year-around buffering and have year around foliage. Another
objective is to establish a long-term buffering along the west edge of the landfill. Low
maintenance and fast-growing tree species would help maintain tree rows that already
exist and provide added windbreaks to voided areas of trees.
Screening Plan Design
Align 1 row of tree plantings and 1 row of shrub plantings along voids of trees on the
west side, to include property owned by the City of Elk River. A selected spruce species
will provide year-round foliage and a large, dense canopy to improve aesthetics and
collect debris. Spruce plantings will be spaced approximately 30' apart. Planting stock:
will be either potted or B & B with approximately heights at 5-fi. Recommended spruce
include Norway spruce, white spruce or approved species.
Align 1 row of dogwood variety adjacent to spruce. Dogwood is shade tolerant, have a
self-suckering ability to spread and will provide a dense, ground level buffer. Space
dogwoods approximately 5 feet apart. Recommended planting stock is barefoot in sizes
of 18" up to 30". Other shrub species to consider include ginnala maple, viburnum
varieties such as nannyberry, or false indigo.
This screening plan is in correlation with Sherburne County's screening plan.
Design
Elk River Landfill welcomes the opportunity to work with the City and/or the Trail
Group to develop an acceptable design, which would likely include the placement of
conifers along the west and south slopes of the sedimentation ponds.
November 15,2001
Screening Plan
Goal
The primary objective is to ensure long-term buffering between the landfill and the
railroad trail, using trees and other appropriate vegetation. To accomplish this, the plan
calls for maintaining and enhancing the efficiency of existing trees and to improve ~
efficiency of tree row in collecting blowing debris and improving aesthetics. Plant
materials will provide year-around buffering and have year around foliage. Another
objective is to establish a long-term buffering along the west edge of the landfill. Low
maintenance and fast-growing tree species would help maintain tree rows that already
exist and provide added windbreaks to voided areas of trees.
Screening Plan Design "'
Align 3 rows of tree plantings (staggered) and shrub plantings along voids of trees on the
West Side, to include property owned by the City of Elk River. A selected spruce species
will provide year-round foliage and a large, dense canopy to improve aesthetics and
collect debris. Spruce plantings will be spaced approximately 10' apart. Planting stock
will be either potted or B & B with approximately heights at 5-ft. Recommended spruce
include Norway spruce, white spruce or approved species. Recommended planting stock
of shrubs is in sizes of 18" up to 30". Shrub species to consider include ginnala maple,
viburnum varieties such as nannyberry, or false indigo.
Design
See attached