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5.4A. SR 12-13-2004 Item,' 5.4A. MEMORANDUM TO: Mayor and City Council FROM: Stephen Rohlf, Building and Zoning Administrator "5?-.. December 13, 2004 DATE: SUBJECT: Elk River Landfill Expansion Issue The Elk River Landfill is proposing to expand their Municipal Solid Waste (MSW) facility to the south of their current location for this material, There is a map attached to this memo showing the location of the current MSW facility and the proposed expansion. Review Process City staff will attempt to coordinate their review of this issue with Sherburne County and MPCA, the other two governmental entities the Landfill is required to get approvals from for the expansion. The following is an approximate timeline for the review process for the Landfill's proposed expansion: Scoping Environmental Assessment Worksheet (EA W) The Elk River Landfill has completed an EA W. It is considered a Scoping EA W because an Environmental Impact Statement (EIS) is mandatory. The EA W sets the scope for what will be reviewed in the EIS. The Minnesota Pollution Control Agency (MPCA) is the Regulating Governmental Unit (RGU) charged with the EA W process. Notice of the availability of the EA W has been published in the Environmental Quality Board Monitor, the December 8 Elk River Star News, etc. There will be a public meeting held at Elk River City Hall on this issue on December 9, 2004. MPCA's Citizens Board will consider the EA Won January 25, 2005. Environmental Impact Statement Once the MPCA Citizen Board approves the EA W, they will hire a consultant to prepare the EIS required for the project. Work on the actual EIS is tentatively proposed to begin in May of 2005. A Draft EIS should be available in September of 2005 and the Final EIS completed in January of 2006. Ci~ Approval Process Staff anticipates the Landfill making application for the expansion late in 2005 or early 2006. The city can't take fInal action on the Landfill's request to expand until the environmental review process is completed. The following is an outline of the city's review process: Zone Change - The area they propose to expand into is required to be rezoned to Solid Waste Facility Overlay District (SWF). With an overlay district the underlying zoning remains in place, in this case it is Agricultural, but an interim use may take place. The city should review the proposed end use of the property closely. The Landfill has been working with the Elk River Park and Recreation Commission regarding this issue. Conditional Use Pennit - The proposed expansion requires a city conditional use permit. Some of the major issues to consider include: how the expansion affects the future interchange proposed at Highway 169 and 221"' Avenue, screening along 221" and Highway 169, odor, litter, remediation of any existing contamination, maximum height, leachate recirculation, etc. Solid Waste Facili~ License - The fInal approval required by the city is for a Solid Waste Facility License. Whereas the conditional use permit runs with the land, the license is to the operator and holds them responsible for the operation. The license is also easier, legally, to alter if circumstances dictate. " ~ ~ ~ " ~I ~I ~ ~ 2 ~ ~ 2 ~ ~ ~ 2 2 ~ 0 2 0 2 ~ ~ G ~ ~ ~ W ~ " W ~ < ~ 2 ~ ~ Vi u ~ ~ 0 is 2 ~ t" w 2 0 W ~ w ~ w 0 u ~ Z " 2 0 " " 2 5 w ~ 8 " 2 5 ~ z " ~ ~ ~ ~ 0 ~ " 0 0 g ~ 0 < E < < < < ~ 8 < ~ " ~ z , ~ ~ Z G W 0 U m N > . ~ 0 " " "" " W< RI\lER I +-- I I LANDFILL U5TH A I I --+--+- I 1/ ... I I( -:;--1: , I I --+\ : . I AREA PROPOSED EXPANSION " ." I I --+-- I I I I +-- I I ." 21g1l1AYEN\I( I I '''+-- I I I I --+ I I I + - ----+- -- - I I I I I I T--+-- I I 1 , ~ ~I . I I I I I I -+--+- I I I I ---t----+-- I I I I --+-- I I I ! ! , I I --+ I I I , --+- I I . y g. < B [.. A C ~ II r L L S I I I +--+- I I I I I . I