6.1. SR 03-20-2000'ity of
Item 16.1.
Memorandum
iver
TO:
FROM:
DATE:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR ~/2.
MARCH 20, 2000
SUBJECT:
RENEWAL OF CONDITIONAL USE
PERMIT AND SOLID WASTE
LICENSE TO OPERATE A SOLID
WASTE FACILITY BY THE ELK
RIVER LANDFILL/P.H.
CASE # CU 00-4
1. Request
The Elk River Landfill is requesting approval for the renewal of their conditional use
permit and solid waste license. The same issues are addressed in both the license and
conditional use permit.
Attachments· Vicinity map.
· Site map and "Explanation of Request" by the Elk River Landfill.
· A memo from Matt Ledvina, City Environmental Consultant, dated, 2/21/00.
· Solid Waste Facility License and Conditional Use Permit for the Landfill.
Language that is proposed to be deleted has been underlined and language
proposed to be added is in bold type. The legal description of the affected
property is "Exhibit A" attached to the CUP.
3. Background
The landfill started operation in 1972 on forty acres. Gravel deposits on the site were
removed and the resulting hole was filled with solid waste. This original cell was unlined
or had no means of recapturing leachate (rain water or run-off that is contaminated from
coming in contact with the waste).
Regulation of the landfill was done only through Sherburne County and the Minnesota
Pollution Control Agency (MPCA). In 1987, the city successfully negotiated with the
owners of the landfill. They agreed to subject themselves to city regulation in return for
being allowed to expand. The landfill site now consists of approximately 140 acres and
the city has control of a solid waste license and conditional use permit on the operation.
These permits are required to be renewed every four years.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
4. Review
Original contamination
The city's major concern regarding the landfill was controlling the contamination
generating from that original unlined cell prior to it leaving the boundaries of the site.
Ground water in this area is estimated to be moving approximately 50 feet per year
laterally and the contamination 5 to 25 feet.
The first step in the effort to mitigate the contamination was to define the geo-hydrology
of the area. The glacial deposits and associated stratification of the soils in the area made
this a time consuming and difficult task. This effort has been pretty much complete and
remedial actions (clean-up) has begun.
The current attempt at remedial action is using active gas venting (sucking the gases from
the waste) to remove the volatile organic compounds from the ground water also. The
details of how this is to be accomplished, as well as a contingency plan if it does not
work, are specified in the attached license and conditional use permit.
Approval of cells 14 to 17
The landfill is divided into cells. Past city reviews included the approval of the cells
through number 13. The Council typically approves the concept of the cells contingent
on staff having the final approval of the construction details. Approval of cells 14
through 17, which are consistent with the long-range plan at the landfill, is part of this
current request. These cells, as are all of those that were constructed after the original
cell, are designed with a liner and leachate collection system to control the escape of
contaminates. The stipulation that staff has final approval of the construction details is
contained in the license and conditional use permit.
Bio-reactor (leachate recirculation)
The landfill is proposing something a little experimental with cells 14 through 17 called
bio-reaction. Instead of the leachate being pumped out of the landfill and taken to a
treatment facility, they are proposing to reintroduce it into the waste through a system of
pipes.
The benefits to the landfill are the waste will be more compressed, leaving them with
more capacity, and they can avoid some of the cost for treating leachate. The benefit to
the environment is a quicker decomposition, and consequently quicker stabilization, of
the waste. There is a concern with the life expectancy of the liner under the waste.
Speeding-up the decomposition process is a good thing.
A number of bio-reactor pilot projects have been tried in Minnesota so that MPCA can
analyze the results. Because of problems, all but three of these have been ordered to
cease. MPCA appears to be on top of this issue. Staff feels comfortable with MPCA
making the final decision regarding bio-reaction. It appears unlikely that MPCA will
approve leachate recirculation.
3 to 1 slopes
In Minnesota, landfill construction is typically done with 5 to 1 finished slopes (one foot
of vertical fall in five feet horizontally). To increase their capacity, the landfill is
proposing 3 to 1 slopes. Approval of the 3 to 1 slopes allows the Landfill to gain
approximately 1,500,000 cubic yards of disposal area on the same footprint that is
approved by the city's current permits.
The concerns with these steeper slopes are erosion control and maintenance. MPCA will
allow the Landfill to go to 3 to 1 slopes, if they meet the following criteria:
Waste Management (the parent company) has to accept responsibility for long
term maintenance at the landfill, not just Elk River Landfill, Inc.
· An escrow account, not a letter of credit as is the current situation, has to be set up
for post closure and contingency action.
· Certain design criteria have to be met such as a minimum factor of safety
regarding slope failure, using Geo-net to secure the slopes, and a maximum of 40
feet vertical tiers.
So far the Landfill has not met MPCA's criteria regarding 3 to 1 slopes. Again staff feels
comfortable with MPCA making the final decision on this issue.
Screening
A 200 foot buffer strip exists around the Landfill, except to the north where the Landfill
extends out of the City Elk River into Livonia Township. The site map included with this
memo shows the proposed finished contours of the landfill. The 200 foot buffer strip is
denoted by a dashed line on the site map.
You will note that the proposed finished contours extend into the 200 foot buffer strip in
several locations. This is necessary because of elevation changes. Staff is satisfied that
the Landfill has done their best to minimize the disruption of the buffer strip. Language
dealing with the protection of the trees remaining in the buffer strip is included in the
attached permits. The permits also reference a screening plan for the Landfill that was
developed by Tim Edgeton, Sherburne County Forester.
End-use
Staff is recommending that the Landfill develop an end-use plan for their facility that is
required to be approved by the city. Is the Landfill to be a grassy vacant hill forever or is
there some practical use for this property in future? The proposed permits requires that
the Landfill submits an end-use plan as part of their next renewal process in four years.
Traffic
Waste Management has greatly increased the rate of waste delivery to the Landfill over
previous owners. Access to the site is via U.S. Trunk Highway 169. This access has
protected turn lanes and a southbound acceleration lane. Staff feels that traffic associated
with this operation is adequately addressed.
5. Recommendation
The Planning Commission is recommending approval of the renewal of the Elk
River Landfill's conditional use permit and solid waste facility license with the
changes to these documents proposed by staff. The major changes in the conditions
contained in these documents include:
Bio-reactor (leachate recirculation) is approved contingent on approval by MPCA
and Sherburne County. If this system is not functioning properly the city has the
ability to stop the process and have the Landfill return to conventional waste
disposal and leachate treatment.
· Approval of cells 14 through 17 is contingent on city staff's review and approval
of the construction details.
· 3 to 1 slopes are approved contingent on approval by MPCA and Sherburne
County.
An end-use plan is made part of the next renewal of the city's permits for the
Landfill.
If approved with 3 to 1 slopes, the Landfill will have approximately 8,500,000 cubic
yards of remaining capacity, which staff estimates will last 10 to 15 years.
ELK RIVER LANDFILL
VICINITY MAP
N
CASE # CU 00-4
Explanation of Request
Permit Modification
The Elk River Landfill, Inc. (ERL) is permitted by the MPCA and also has a City of Elk
River License and Conditional Use Permit. We have submitted a permit modification
request, which improves the design of the facility and provides for a more efficient
leachate collection system and more efficient use of the designated landfill footprint.
Detailed information can be found in the permit modification engineering report and
plans. In general the major design improvements include the conversion from gravity
leachate collection lines which drained to the leachate storage tank, to leachate lines
which drain to an internal sump pump from which leachate is pumped to storage tanks
via a force main.
The improved design does not include an increase in footprints, nor does it include an
increase in the ultimate capacity of the facility. The design now incorporates an earth
berm along the western and southern portion of the landfill footprint. The berm allows for
more efficient use of landfill airspace and also allows for an increased visual screen along
the western and southern sides of the facility. Because of the footprint required for the
berm, the number of landfill cells decreases from 18 to 17.
The modified design also changes the final cover slope from 5: l's to 3: l's and includes
the use of"benches" in the final contour plan and the use of a geonet drainage layer in the
final cover system. The benched final contour plan is very similar to a farm field terrace
system concept, which is often used to minimize erosion. The benches provide a break in
surface water flow and also offer excellent access to the upper portions of the landfill.
During review of the 3:1 slopes and the cover components, detailed engineering analysis,
including slope stability review, surface water control and erosion control, was
completed. Three to one slopes are successfully used at other landfill facilities across the
nation. Please refer attached plan sheets for detailed information.
Leachate recirculation
The second project under consideration is leachate recirculation. Currently leachate from
the facility is trucked over 60 miles to the wastewater treatment plant in St. Paul. The
leachate recirculation project proposes to treat leachate on-site through a series of
perforated pipes laid in trenches at 30-foot height intervals within the active landfill cell.
Leachate will be force mained into the pipes at timed intervals and allowed to saturate the
waste. Recirculation of leachate at the facility provides a number of benefits, including
elimination of reduction in tanker trucks hauling to off-site treatment plant; a "cleanings"
or filtering affect on the leachate; and, more importantly, the acceleration of
decomposition of the waste deposit and rapid waste stabilization, The accelerated
decomposition results in the production of more methane gas which can be utilized at the
gas to energy plant located at the facility. Rapid stabilization of the waste minimizes the
opportunity for long term adverse environmental impacts. Leachate Recirculation is
being successfully completed at many landfills across the nation.
February 21, 2000
Mr. Steve Rohlf
City of Elk River
13065 Orono Parkway
Box 490
Elk River, MN 55330
RE: Elk River Landfill-CUP and License Amendments/Renewal
Dear Steve:.
This letter is sent to transmit my suggested modifications to the conditional use permit and the
license agreement for the Elk River Landfill (ERL). I have reviewed the specific language of the
documents and have made my suggested modifications in ink on the respective pages.
On page 4 of the license agreement the "Permit Application" is referenced.' The following
comments have not been resolved. I would recommend that the conditions identified as follows
be added to the license.
Leachate Management System - No new tanks are proposed for storage of leachate
generated within the additional 44 acres (Cells 12a-17) of landfill expansion. The new
landfill liner area will be entirely serviced by the existing leachate station #3.. Additional
leachate management' and storage facilities must be constructed, as necessary, 'Such that
the leachate head does not exceeds a maximum of 12 inches for'any liner cell..
ERL shall continue to monitor the leachate head on a weekly basis for all cells to
demonstrate compliance with the maximum head levels allowed. The results shall be
submitted to the City on a quarterly basis.
The rationale for the landfill liner leak detection design shall be identified, The sampling and
contingency action protocols for liner leaks shall be outlined in the Operations Plan for the
site. ,
The quality of final cover soils and vegetation is critical to the implementation of final cover
design which calls for steepened sideslopes. The topsoil specification for the final cover
design and other finished grading construction identifies that topsoil comply with MNDOT
3877.2B standard specifications. The Construction Quality Assurance Program must be
amended to document compliance with topsoil sampling and testing for every 1000 cubic
yards.
The proposed basegrade plan indicates that there will be areas,wl~ich will require soil fill
prior to construction of the liner system. The engineering report requires that subgrade fill
soils be compacted to 95% standard proctor density (ASTM ,D698).. The Construction Quality
ENVIRONMENTAL RESOURCE GROUP
** 900 Second Avenue South Minneapolis, MN 55402
· *' phone 612.339.4750 fax 612.339.4990
Page 2
February 22, 2000
Assurance Program must be amended to document ,compliance with the compaction
specification to ensure the stability of the liner system. Compaction testing for subgrade fill
must be conducted on a frequency of one per 10,000 square feet for each foot of soil
placed.
Operation of the Active Gas Control System (AGCS) is currently being conducted by Power
Strategies, Inc. with the goal of optimizing power generation. The AGCS was originally
implemented as a means of mitigating migration of landfill gas and ongoing contamination of
the groundwater in the unlined portion of the landfill. Operation of the AGCS must be
managed by ERL personnel with the original goals of the AGCS system used as the primary
conditions of operation.
ERL shall develop a current AGCS Operation and Monitoring Plan which is based on
operating experience of the system and which takes into consideration the contractual
arrangements with Power Strategies.
o
The vegetation within the 200 feet buffer area in the southeast, south and southwest areas
of the site shall be maintained. ERL shall develop an inventory of "significant" trees. A
"Buffer and Screening Plan" shall be developed by ERL and approved by staff which
identifies the loss of significant trees from the inventory and a proposal to mitigate tree loss
to maintain and enhance the screening of the landfill and operations. The plan shall
address the preservation of the buffer during construction, throughout the operational period
of the landfill and through the final cover construction.
9. The proposals for implementing three to one final cover sideslopes and leachate
recirculation are conditionally approved pending MPCA approval.
Please contact me if you have additional questions or comments. My phone number at ERG is
612-339-2316. Thank you.
Sincerely,
~roup, LLC
Matthew L. Ledvina, P.E.
Project Manager
G:\Clients\Client A-L\City of Elk River\Letters 2000\lt000220.doc
I
I CELL 13
I I
i CELL 15 i CLOSURE ~.~l CLOSURE
CELL 14 CLOSURE '1 !&
I
I
CLOSURE
CITY OF ELK RIVER
SOLID WASTE FACILITY
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this __ day of ,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 Licensee).
WHEREAS, Licensee made application to the City in 1988 for the issuance of a
solid waste facilities license, pursuant to Elk River Code of Ordinances {} 604.26, for the
operation of a sanitary landfill (hereinafter referred to as the Landfill) on the following
real properties described on Exhibit A attached hereto (hereinafter referred to as the
Landfill Property) situated in the City of Elk River, for which the City Council directed
the issuance of a conditional use permit 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 Agreement, 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 renewed every two four years with the most recent
renewal occurring on May 19, 1997 July 20, 1998; and
WHEREAS, the City Council has determined that for reasons related to public
health, safety, and welfare the final elevation of the Landfill should be limited to no more
than 1120 feet above Mean Sea Level (MSL); and
WHEREAS, the Licensee has agreed to a final elevation of 1120 MSL; and
WHEREAS, Licensee has applied for an amendment to and renewal of the Solid
Waste Facility License on January 21, 2000 ("Permit Application" 9/99) issued in
1997 to allow construction of a new demolition debris additional cells at the Landfill;
and
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 grants 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 terms, conditions and
qualifications hereinafter stated, to wit:
1.) Significant Persons. The person responsible for actual operation and
maintenance of Elk River Landfill, Inc., (ERL) to whom communications concerning this
License should be addressed is Debra Dehn John Kellas in his her capacity as Site
Manager of ERL, whose address is 22460 Highway 169 NW, Elk River, MN 55330. ERL
is a Minnesota corporation, whose registered address is 22460 Highway 169 NW, Elk
River, MN 55330. ERL is a subsidiary of USA Waste of Minnesota, Inc., a Minnesota
Corporation, which is a subsidiary of Waste Management Sanifill, Inc., a Texas a
Delaware corporation, whose address is 1001 Fannin, Suite 4000, Houston, Texas 77002.
Sanifill, Inc. is a wholly owned subsidiary of USA Waste Services, Inc., a Delaware
corporation, 1001 Fannin, Suite 4000, Houston, Texas 77002. The following information
shall be provided to the local fire and police departments as well as the Sheriff:
Debra Dehn John Kellas, Site Manager
22460 Highway 169 NW
Elk River, MN 55330
Work: 441-2464, fax: 441-2025
Mobile: (612) 270-2942 708-2435
Steve Batchelor
Regional Vive-President
Waste Management
1901 West 144th St.
Burnsville, MN 55306
(W) (952) 882-2306
Fax (952) 894-8928
Chuck Wilcox, Regional Sales Manager
USA Waste Services, Inc.
Park West Two, Suite 420
2000 Cliff Mine Road
Pittsburgh, PA 15275
Work (Direct): 412-490-2770
Work (Main Office): 412-494-4966
Fax: 412-490-0162
Home: 412-741-4902
Mobile: 412-980-3570
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, Sherburne County and
the Minnesota Pollution Control Agency and in accordance with authorization and
limitations contained in:
2
(01) MPCA Solid Waste Permit No. 74, as modified and reissued in 1997 and
which specifically authorized Cells 12 and 13 of the Landfill;
(02) the current Sherburne 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 based on 5H: 1V slopes, 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:
(01) "Cells, 6, 10, 11 Revised Engineering and Operations Plan", March, 1989
(02) "Corrective Action Investigation Revised Work Plan", December, 1989 and
April 4, 1991 Addendum
(03) "Financial Assurance Report- 1990", November 1990
(04) "Landfill Gas Monitoring Plan, Phase 1 Report", December 1989 and
modifying submittal dated March 13, 1990
(05) "Recycling Facility Design Report and Operations Manual", May 1990
(03) (06) "New Recycling Facility Design Report and Operations Manual",
January, 1991
(07) "Final Cover Design", September 1991
(08) "Quality Assurance Manual", November 1991
(04) (09)"MSW Operations Manual", January 1992 September, 1999
(10) "Demolition Debris Operations Manual", February 1992
(11) "Cells 10 & 11 Design Report", June 1992
(05) (12) "Household Hazardous Waste Management Plan", June 15, 1992
(06) (13) "Phase II "Landfill Gas Assessment Report", February 1993 System
Expansion Documentation Report", March, 1999
(07) (14) "Leachate Management Plan", March 1993, revised December, 1997
December, 1999
(15) "Final Cover Sequencing Plan", April 1993
(16) "Phase I Landfill Gas Extraction System", (Plan Sheets # 1-10 separate, April
1995 Revised Plan sheets #1-9 separate), August 1994
(08) (17) "Revised Closure, Postclosure and Contingency Action Cost Estimates",
April 9, 1998 September, 1999
(09) (18) "Stormwater Pollution Prevention Plan", September, 1993
(19) "Comprehensive Monitoring Plan Report", January 1996
(10) "Construction Quality Assurance Program", March, 1999
(11) "Phase IV Water Quality Monitoring Work Plan" February, 2000
(12) "Landfill Gas Monitoring Plan", May, 1995
(13) "Leachate Recirculation Plan" September, 1999 (contingent on MPCA
approval)
(14) (20)"1996 "1999 Annual Report", February, 1997 2000
(21) "Revised Demolition Fill Plan", Sheet No. C-2, February 26, 1997
(15) (22) "1996 "1999 Water Quality Report", February, 1997 2000
(16) (23) "Long-Term Development Plan", March 1997, and as revised on
April 15, 1997 to include a maximum final elevation of 1120 feet MSL
(17) (24) All Solid Waste License Renewals through the License dated
January 16, 1996 November 30, 1998
(18) (25)"Industrial Solid Waste Management Plan", Version E, May 1994
November, 1999 and further conditioned upon submittal of annual reports
describing the following:
(a)
(b)
(c)
Monthly and Annual Waste Disposal Volume.
Schedule of construction activities for the forthcoming year.
Type, Quantity and Source of Material to be Disposed.
4
(d) Remaining permitted capacity
(e) Updated contour map which indicates the elevations of all fill areas
(f) Assessment of the Financial Assurances Plan.
(g)
Evaluation of the Water Monitoring System and a proposal for
continued sampling and analysis.
(h)
Detailed evaluation of all water quality results by means of tables
and graphs.
(i)
A groundwater contour map based on the previous years'
groundwater level data.
(19) (26) "Application for Permit Modification", dated April, 1998 and revised
June, 1998 "Permit Application September", 1999; subject to the following
conditions:
(a)
The plan sheets and engineering report shall be revised to provide
vehicle access for operation and maintenance of the new leachate
management facilities, existing and future landfill gas (LFG)
extraction system components and maintenance of final cover.
(b)
The plan sheets and engineering report shall be revised to indicate
details for the new LFG condensate storage tank.
(c) The depth of burial for the leachate force main shall be increased at
locations where access roads cross the pipe.
(d)
The conditions set forth in the June 8, 1998 letter to Licensee from
the City, Sherburne County and the Minnesota Pollution Control
Agency, shall be complied with.
(a)
Additional leachate management and/or storage facilities are
required so that the leachate head does not exceed a maximum
of 12 inches for any liner. The Landfill shall monitor leachate
head levels weekly and submit results to the City quarterly.
(b)
The sampling and contingency action protocols for liner leaks
shall be as outlined in the Phase IV Water Quality Monitoring
Work Plan, date February, 2000.
5
(c)
The Construction Quality Assurance Program shall be
amended to document compliance with MNDOT 3877.2B
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
contamination from the unlined portion of the Landfill. The
Landfill shall develop a current Active Gas Venting System
Operation and Monitoring Plan, which is based on operating
experience of the system and its contractual agreement with
Power Strategies.
(27) "Post Closure Plan" dated, March, 1998.
Any 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
from the Licensee. The City shall respond to Licensee submittals on a timely
basis, which shall be no later than formal MPCA time lines for review and
comment for concurrent submittals.
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
6
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 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)
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 terms and conditions of this License, subject to the following
conditions:
(a)
The operation of the yard waste composting facility shall comply
in all respects with all applicable requirements of the City Code of
Ordinances and all applicable federal, state, and county laws and
regulations.
(b)
The yard composting facility shall be located and operated as
shown on plans submitted by Licensee and approved by City staff.
(c)
All plastics shall be removed from yard waste brought to the
facility before composting.
(d)
All municipal solid waste must be immediately removed from yard
waste and landfilled.
(e)
The yard waste composting facility must be operated in such a
manner as to keep odors to a minimum. If odor becomes a
problem staff may require more frequent turning of compost piles
and/or watering to ensure that the compost remains aerobic and
breaks down as quickly as possible.
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 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 environmental monitoring requirements of sections
4,6,7, and 8; and the requirement of sections 17 and 25 to make
prompt payment of all fees due to the City. No yard waste may be
accepted at the yard waste composting facility if this condition is
not complied with. Licensee must immediately stop accepting
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 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 shall be located and operated as
shown on the "Revised Demolition Fill Plan"- Final Grades: Sheet
No. C-2," dated February 26, 1997 submitted by Licensee and
approved by City staff; Licensee's Application for Permit
Modification dated April, 1998, and revised Application for Permit
Modification dated June, 1998; and the conditions set forth in the
June 8, 1998 letter to Licensee from the City, Sherburne County
and the Minnesota Pollution Control Agency.
(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 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 alnount 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
8
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.
(e)
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 environmental monitoring requirements of sections
4, 6, 7, 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 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 License is first amended to specifically allow such operations and to
specify the applicable conditions except mining activities or other operations
licensed or permitted separately by the City.
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.
(02) Backup Leachate Pumps. Licensee 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. 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 Venting System. Licensee 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) Comprehensive Monitoring Plan Phase IV Water Quality Monitoring
Work Plan. The Comprehensive Monitoring Plan 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
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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 and incorporate the evaluation in the MPCA Annual
Report for the landfill.
(07) VOC Remediation Feasibility Study. 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, 1999 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, 1999 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, 2001 2003, unless good cause can be shown for a delay.
(09) Heavy 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.
(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 a schedule determined by City staff.
(11) 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 completed to the plan specifications. The Report shall be certified to by
an engineer registered in the State of Minnesota and shall include but not be
limited to:
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(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 subgrade;
(g)
As-built elevations for all pipe inlets and outlets and pump-
on/pump-off controls;
(h) Completed manufacturer warranties;
(i) All physical testing results
(12) Licensee shall notify the City at least two (2) days in advance of liner
barrier layer installation or final cover barrier layer installation. Licensee shall
assist the City in arranging inspection of the site at any reasonable time the City
requests. The Licensee shall keep the City informed of ongoing construction
progress and shall specifically notify the City of significant changes encountered
in the geological, hydrological, or construction conditions. The City may
reasonably require work, which is covered or otherwise obscured prior to City
inspection, to be re-excavated for City inspection.
(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 Licensee shall assign employees to engage
in a regular and routine program to inspect the Landfill Site and clean up areas
where litter accumulates on the Landfill Site.
(14) Permanent 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.
(15) Public Information. The Licensee 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.
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(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 for the City Fire Department shall be
available for use by the Licensee on a temporary basis, as approved by the Fire
Chief. Licensee shall make a landfill operator available at the request of the City
Fire Chief to consult and advise the fire department about landfill fire fighting
issues.
(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) Security. 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 south to the north entrances onto T.H. 169 by October 1, 2000 T.H. 169
to the scale and from T.H. 169 to the shop building by June 30, 1997 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.
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(27) Information Display. Subject to approval by the City Council, the
Licensee shall maintain at each entrance to the Landfill Property a sign stating the
name of the facility, the schedule of days and hours the facility is open to the
public, prices for use of the facility, the Minnesota Pollution Control Agency
permit number and the penalty for nonconforming dumping.
(28) Screening/Buffer 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 berms, fences, and other suitable means.
(29) 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 from May 1 to October
31 each year. 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.
(30) 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.
(31) Leachate Recirculation. The City's approval ofleachate 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.
(32) 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.
(33) 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 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 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, Licensee shall inspect all trucks leaving the
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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 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.
6). General Performance 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) Dangerous 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 shall respond to
requests for permission to dispose dangerous wastes within fifteen (15) days from
receipt of the request as appropriate. If a request to dispose of dangerous wastes is
rejected by the City Building & Zoning 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 form required by the City.
The City may deny permission to dispose of Dangerous Wastes at the Landfill for
one or more of the following reasons:
(a)
In the City's sole discretion, it would not be in the best interests of
the public health, safety or general welfare of the citizens of Elk
River to allow disposal of said wastes;
(b)
In the City's sole discretion, disposal of said wastes would pose a
threat to the environment.
(c)
Licensee and/or the operation of the Landfill is currently in
violation of any of the terms, conditions, or requirements of this
License including specifically, but not limited to, the operational
requirements, performance standards and environmental
monitoring requirements of Sections 4, 6, 7, and 8; and the
requirements in Sections 17 and 25, to make prompt payment of all
fees due the City.
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Licensee's "Industrial Solid Waste Management Plan, Version E", May
1994, November, 1999 shall be complied with in all respects, subject to specific
requirements of this License, and may not be modified or amended without the
City's prior written approval.
(03) Incorporation of State Standards. The Landfill shall comply with the
required practices for maintenance and operation of landfills set forth in
Minnesota Rules Parts 7001.0010 to 7001.0210; 7001.3000 to 7001.3550 and
7035.0300 to 7035.2875.
(04) Compliance With Zoning Ordinance Performance Standards. The
operation of the Landfill shall fully comply with the performance standards and
other requirements of Chapter IX of the Elk River City Code, including
specifically Section 900.28 thereof relating to performance standards for
industrial uses.
(05) Supervision. 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 payment of the Landfill Surcharge Fee required by
Section 25 of this License. The volume and location of the disposal of Dangerous
Wastes shall be recorded the day such disposal takes place and shall include the
amount and type of waste disposed of, and the name and address of the source of
the waste. Waste disposal records shall be available during normal business hours,
for review and inspection by the City.
(07) Recording. A detailed description of the location of the completed
Sanitary Landfill site shall be recorded with the County Register of Deeds within
four months after approval of the closure of the landfill. This description shall
include the general type and location of deposited Solid Waste, the location of
phased or staged disposal of wastes, the type and number of lifts, original and
final terrain descriptions, site hydrogeologic conditions, and other pertinent
characteristics of the completed sanitary landfill site.
(08) Education Program. The Licensee shall:
(a)
Make available to all landfill users, including haulers and their
customers, information which describes in common terms what is
permissible and impermissible to dispose at the landfill.
(b)
Continue to conduct an employee training program designed to
assist employees in identifying impermissible waste materials and
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to prevent their disposal at the landfill. The training program shall
be reviewed with City staff and recommendations to improve the
program shall be incorporated to the extent feasible.
(09) Hours of Operation. The landfill shall not be operated between 7:00 p.m.
and 6:00 a.m. The landfill may accept waste during off hours only under the
following circumstances:
(a) The wastes have been tested and approved for disposal;
(b)
Acceptance is necessary during off hours because of extraordinary
circumstances;
(c)
Each instance of off hour acceptance has received the prior
approval of the City 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 off hour acceptance.
7.) Site Environmental Monitoring.
(01) On-site Groundwater. The Licensee shall perform on-site water quality
testing at the monitoring wells in the manner required by the MPCA permit. The
wells shall meet current Department of Health Well Code 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 Comprehensive Monitoring Plan 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 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.) Hydrogeologic Reports. The investigation of the hydrological and
geophysical characteristics of the site shall be continued and any other new
information relating to the hydrogerlogic impact of the site shall be reported to the
City. Hydrogeologic reports shall be updated, amended, and modified as
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warranted by newly discovered or additional data acquired in the continued
hydrogeologic investigation. Licensee shall notify City at least two (2) days in
advance of any soil boring or well construction required by this License.
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 stock piles to reduce wind erosion as well as on other
exposed surfaces as appropriate. Cover compaction and revegetation activities
shall be undertaken promptly on the completion of various fill areas and
vegetative cover capable of quick growth shall be utilized. Plantings of bushes
and trees shall be installed if needed to buffer the Landfill Site and minimize wind
erosion.
All equipment and vehicles utilized at the Landfill Site shall be
periodically inspected and maintained to minimize noise. Vegetative barriers
along the boundaries of the Landfill Site shall be utilized to minimize off-site
noise impacts. Applicable state standards for noise pollution may not be exceeded
by the Landfill operation, equipment, vehicles, or machinery.
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) year 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 insurance from an
insurance company acceptable to the City and authorized to write casualty
insurance in the State of Minnesota which will protect the Licensee, its agents and
employees, and the City from claims for bodily injury, death, or property damage
which may arise from the operations on the Landfill Site. The Licensee shall file a
certificate of insurance or a certified copy of the insurance policy with the City.
Such insurance policy shall contain a clause providing that it shall not be
cancelled by the insurance company without thirty (30) days' written notice to the
City of intention to cancel. The following coverages shall be provided in amounts
not less than those specified:
(01) Public liability, general liability, loading and unloading,
[completed operations, explosion, collapse, underground operations],
personal injury, and property damage with the following minimum limits:
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(a)
Two Hundred Thousand Dollars ($200,000) One Million
Dollars ($1,000,000) per claimant.
(b)
Six Hundred Thousand Dollars ($600,000) One Million
Dollars ($1,000,000) per occurrence.
(c)
Six Hundred Thousand Dollars ($600,000) One Million
Dollars ($1,000,000) annual aggregate.
(02) Automobile and truck public liability, personal injury, and property
damage, including owned and non-owned vehicles with a Five Hundred
Thousand Dollars ($500,000) 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 coverages 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 Licensee shall furnish a surety bond in favor of the City in
the amount of Three Hundred Thousand Dollars ($300,000) to run
continuously (annual renewal allowed) until all landfill operations and
closure activities are completed to ensure compliance with the terms and
conditions of this License. Such bond shall be made by an insurance
company or other financial institution acceptable to the City and shall be
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 ground for immediate and automatic
revocation of this License. Said bond shall provide that if the Licensee
refuses to obey any of the requirements or to any of the acts required by
this License or for any reason ceases to operate or abandons the landfill,
and the City is required to expend monies or labor or material to restore,
repair, or clean up the Landfill Site to the condition and requirements
required by law, the obligor shall reimburse the City for any and all
expenses incurred to remedy the failure of the Licensee to comply with
this License, and the obligor shall indemnify and save the City harmless
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from 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 allows its
use on instruction by either or both the City or County.
(02) In the event this, or any subsequent license is revoked or the
Licensee closes operation of the landfill for any reason, including but
without limitation, order of the court or other agency of competent
jurisdiction, bankruptcy, insolvency, or abandonment, the Licensee shall
immediately proceed to close, cover, and grade the Landfill Site according
to an environmentally sound closure plan which shall be approved by the
City and which shall comply with all requirements of the MPCA and
Sherburne County relating to final closure. In the event the Licensee fails
to comply with the terms of this subparagraph (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
until July March 20, 2000 2004.
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 imposed by
lawful governmental authority and governing operations on the Landfill
Property is ground for revocation and termination of this License. The
change, alteration, or amendment of any such statute, regulation,
ordinance, or license condition by any governmental authority other than
the City shall not excuse the Licensee from compliance with statutes,
regulations, ordinances, or permit or license conditions in effect on the
date of the original issuance of this License unless compliance is waived
or excused by the City Council. The City shall not unreasonably refuse to
waive or excuse compliance with existing permit or license conditions.
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 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.
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18.) On-Site Inspection. The City may inspect the Landfill and the
Landfill Property for the purposes of examining and copying
nonconfidential records; conducting inspections, surveys, investigations,
monitoring, or sampling; and others obtaining necessary information
pertaining to the construction, operation, and environmental effect of the
disposal facility, control equipment, and control materials. Inspections
shall be conducted during normal business hours except in the event of an
emergency. City personnel or agents performing the inspection will notify
personnel at the landfill office at the time of inspection. In case of
emergency, the City will call John Kellas Debra Dehn to gain entry and
provide notice of the situation. Licensee shall promptly notify the City of
any substitutions of persons to be so notified. The City shall be notified by
the Licensee immediately upon the occurrence of any explosion, fire, or
other emergency at the Landfill; upon the discovery, release or spill of
hazardous or dangerous materials, as defined in the City of Elk River
Solid Waste Ordinance, at the Landfill; and of any violations of the
conditions of this License. The specific requirements for how, when and
who to notify at the City shall be set forth in a separate letter from City
staff to Licensee. This letter may be revised or supplemented by City staff
from time to time as necessary to address the City's needs for notification.
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.) Worker's Compensation. The Licensee shall carry in a company
authorized to transact business in the State of Minnesota a policy of
insurance fulfilling all requirements of the Worker's Compensation Act,
including all legal requirements for occupational diseases, or self-insure
for the above.
21 .) Split Samples. The Licensee shall notify the City forty-eight (48)
hours before any sampling of groundwater or surface water and allow the
City at its expense to obtain split samples of such waters.
22.) Right to Require Performance. The failure of the City, at any time,
to require performance by the Licensee of any provisions hereof shall in
no way affect the right of the City thereafter to enforce the same. Nor shall
waiver by the City of any breach of any of the provisions hereof be taken
or held to be a waiver of any succeeding breach of such provision or as a
waiver of any provision itself.
23.) Severability. If any provision of this License shall be declared void
or unenforceable, the other provisions shall not be affected, but shall
remain in full force and effect.
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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.
25.) Landfill Surcharge Fees. This License 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 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 irreconcilable conflict and
request an amendment of this License. Until such time as the City acts
upon a request for an amendment to this License, which it may grant or
deny in its sole discretion, the terms of this License shall govern all
operations at the Landfill Site and shall prevail over the provisions of any
document submitted by the Licensee and any requirements of state or
federal law. The City shall not unreasonably refuse to amend this License
or waive compliance with this License in order to prevent violation of law.
27.) Modification, Suspension, or Revocation of License. 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 agrees that this License may be amended, 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.
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(02) A determination that (other than as indicated in the license
application) standards for drinking water (whether promulgated as
of the date of this License or at a later date by the United States
Environmental Protection Agency, the Minnesota Department of
Health, the Minnesota Pollution Control Agency, or any other
governmental agency promulgating 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 the
Landfill Site is creating or threatens to create a safety hazard to the
community.
Without limiting the foregoing, the City reserves the right to amend this
License to impose upon the Licensee the obligation to comply with any
state or federal law or regulation relating to the operation of sanitary
landfills, whether or not said laws or regulations apply by their terms to
preexisting landfills. Suspension, revocation, or amendment of this
License may be ordered only after a public hearing on such suspension,
revocation, or amendment preceded by thirty (30) days' written notice to
the Licensee or at the time of consideration of renewal of this License.
Notice of hearing shall include a statement of the proposed action by the
City and the reasons therefore.
ATTEST:
THE CITY OF ELK RIVER:
Patrick D. Klaers
City Administrator
By:
Stephanie A. Klinzing
Its: Mayor
ELK RIVER LANDFILL, INC.
By:
John Kellas Debra Dehn
Its: Site Manger
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY, RUMBLE & BUTLER
PROFESSIONAL ASSOCIATION
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
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THIS INSTRUMENT WAS AMENDED BY:
The Building and Zoning Department of the City of Elk River
23
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
AMENDED CONDITIONAL USE PERMIT
THIS AGREEMENT, made and entered into this __ day of , 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 Sanifill, Inc., a Texas corporation USA Waste of Minnesota. Inc.,
a Minnesota corporation, which is a wholly owned subsidiary of USA Waste
Services, Inc., Waste Mana§ement, 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 has applied for and on July 20, 1998 to the
City approved an for amendment and renewal of the Solid Waste Facility License
and has requested that the Conditional Use Permit be amended to permit
construction of additional cells at the Landfill; and
WHEREAS, the City Council has determined that for reasons related to
public health, safety, and welfare the final elevation of the Landfill should be
limited to no more than 1120 feet above Mean Sea Level (MSL); and
WHEREAS, the permittee has 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 as modified and reissued in 1997
and which specifically authorizes Cells 12 and 13;
(02) the current Sherburne County Solid Waste Landfill License of the
Permittee;
(03) the current City Solid Waste Facility License of the Permittee; and
(04) this Permit.
Landfill operations may be conducted on the Landfill Site only in
accordance with the plans, descriptions and reports incorporated in said permits
and licenses. Provided, however, that the entire Landfill shall have a final
elevation of no more than 1120 feet above MSL based on 5H;1V slopes, and
including final cover, as provided in the Long Term Development Plan submitted
to the City dated March 1997, and as revised on April 15, 1997. Any changes
made to the plans, descriptions, reports, permits and licenses, including MPCA
Solid Waste Permit No. 74 and the County License, shall also be reviewed and
approved, approved with modification, or disapproved by the City as described in
the current License issued by the City.
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:
Ia)
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.
Ih)
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.
(0
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 Composting. 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.
(0
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 16 17 and 24 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 shall be located and operated as
shown on the "Revised Demolition Fill Plan" - Final Grades, Sheet
C-2," dated February 26, 1997 submitted by Permittee and approved
by City staff; Permittee's Application for Permit Modification dated
April 1998, and revised Application for Permit Modification dated
June, 1998; and the conditions set forth in the June 8, 1998 letter
to Permittee from the ciW, Sherburne County and Minnesota
Pollution Control Agency.
(c)
Permittee shall provide an estimated development time line for the
demolition debris landfill, including an estimated closure time line,
which shall be updated as appropriate.
(d)
Permittee shall pay the demolition debris surcharge authorized by
Minn. Stat. § 115A.921, Subd. 2. The Surcharge shall be paid
directly to the City on a monthly basis, and shall be accompanied by
an accurate report on the amount and type of demolition debris
disposed of each day during the month. The Surcharge due for each
month shall be received by the City no later than the thirtieth
calendar day of the succeeding month. Failure to pay the surcharge
fee when due shall be cause for revocation of this Permit and shall
be a violation of the conditions and requirements of this Permit for
the purposes of the related operations authorized by Section 2 of
this Permit.
(e)
That Permittee is in strict compliance with all other terms,
conditions and requirements of this Conditional Use Permit,
including specifically, but not limited to, the operational and
environmental monitoring requirements of sections 4, 6, and 7; and
the requirements of sections 16 17 and 24 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/Screeninl~ 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. Permittee shall place a six (6) foot high earth berm,
landscaped with evergreen trees and protected from erosion within the Buffer
Zone. Where the Buffer Zone contains heavily wooded areas, an exception to
installing the berm and landscaping shall be allowed. A plan for establishment
of the Buffer Zone shall be submitted to the City no later than July 1, 1997 for
approval by City staff and shall be implemented as provided in the plan. 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 screenint; plans dated, May 28, 1999, which
are incorporated into Sherburne County's license for the Landfill.
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) Comprehensive Monitoring Plan Phase IV Water Quality Monitoring
Work Plan. The Comprehensive Monitoring Plan 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 Study. 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
sillnificant trends.
If, as of March 1, 1999 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, 1999 2OO1.
(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 1,2001 2003, unless good cause can be shown for a
delay.
(09) Heavy 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.
(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.
(1 1) 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 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;
(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 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 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 basis, 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} SafeW 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.
(2 1) 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) Security. 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. 169 to the scale and from T.H.
169 to the shop building by June 30, 1997 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 from May 1 to
October 31 each year. 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 ofleachate recirculation
is contingent on approval by MPCA and Sherburne County. Remedies for
problems arisinE from leachate recirculation include, but are not limited to,
the cessation of leachate recirculation and reverting back to traditional
leachate treatment.
{31) Cells 14 throuEh 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-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 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
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 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 Comprehensive Monitoring Plan 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 67 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.) Hvdrogeologic 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) $200,000 $1,000,000 per claimant
(b) $600,000 $1,000,000 per occurrence
(c) $600,000 $1,000,000 annual aggregate
(02) Automobile and truck public liability, personal injury, and property
damage, including owned and non-owned vehicles with a $500,000
$1,O00,0OO 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
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 July
March 20, 2000 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, regulations,
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
(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 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.) Indemnity. 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.) Severability. 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 Surcharge 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 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.
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
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, 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:
ATTEST:
THE CITY OF ELK RIVER:
By:
Stephanie Klinzing
Its: Mayor
ELK RIVER LANDFILL, INC.
By:
John Kellas Debra Dehn
Its: Site Manager
STATE OF MINNESOTA )
) SSo
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this __ day of
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 __ day of
2000, by Patrick D. Klaers, the City Administrator of the City of Elk
River, on behalf of the City of Elk River.
Nortary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this __ day of
, 2000, by John Kellas Debra Dehn, the Site Manager of Elk
River Landfill, Inc., a Minnesota corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY, RUMBLE & BUTLER
PROFESSIONAL ASSOCIATION
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, Minnesota 55402
THIS INSTRUMENT WAS MODIFIED BY:
The Building and Zoning Department
of the City of Elk River
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.
EXHIBIT A
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, Township 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.