4.6. SR 11-20-2017 E04y1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.6
Agenda Section Meeting Date Prepared by
Consent November 20, 2017 Amanda Bednar,Environmental Coordinator
Item Description Reviewed by
Solid Waste Facility License - Great River Energy Suzanne Fischer,Director COD
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion, the Solid Waste License for Great River Energy.
Background/Discussion
Great River Energy is required to obtain license for operation every two years. The applicant is not
proposing any changes to the current operation or Conditional Use Permit. The only amendment to the
license is the revised expiration date.
Financial Impact
None
Attachments
■ 2017 GRE License Agreement
The Elk River Vision
A wehoMing community withrevolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAMIRE1
CITY OF ELK RIVER
LICENSE AGREEMENT
FOR
RESOURCE RECOVERY PROJECT
THIS LICENSE, approved on and effective as of the day of , 2017,
by and between the CITY OF ELK RIVER, a Minnesota municipal corporation, (the "City"), and
GREAT RIVER ENERGY, a Minnesota cooperative corporation (the "Licensee"), provides as
follows:
RECITALS
WHEREAS, Licensee owns the real property parcels legally described on Exhibits A-1 and
A-2 attached hereto; and
WHEREAS, Licensee currently operates a facility for receiving municipal solid waste and
processing it into refuse derived fuel(the "Resource Processing Plant") on the parcel described on
Exhibit A-1 (the "RPP"), pursuant to Amended Conditional Use Permit No. 86-01, originally
approved by the City Council of the City of Elk River on December 1, 1986, and subsequently
amended, and a Solid Waste Facility License issued by the City; and
WHEREAS, Licensee currently operates a facility for the incineration of refuse derived
fuel(the "Energy Recovery Station") on the parcel described on Exhibit A-2 (the "ERS"), pursuant
to Amended Conditional Use Permit No. 87-10, originally approved by the City Council of the
City of Elk River on February 9, 1987, and subsequently amended, and a Solid Waste Facility
License issued by the City; and
WHEREAS, Licensee has applied for a Solid Waste Facility License (the "License") for a
Resource Recovery Project (the "Project") to consist of-
a)
£a) The Resource Processing Plant (RPP);
b) The Energy Recovery Station (ERS); and
c) The movement of vehicles transporting municipal solid waste ("MSW"), refuse derived
fuel("RDF"), recyclable materials, rejected municipal solid waste ("Rejects") and
incinerated RDF ash; and
WHEREAS, the City of Elk River Planning Commission and City Council have held
hearings on the applications for this License, at which hearings all citizens of the City of Elk River
and other interested parties have had the opportunity to be heard; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elle River,
that Licensee is hereby granted a Solid Waste Facilities License (the "License") for the Project,
subject to the terms, conditions and qualifications hereinafter stated, to wit:
AGREEMENT
1.) Incorporation by Reference.
(01) Recitals. The above Recitals are incorporated by reference.
(02) Application Materials. All documents, factual information and material statements of fact
made by Licensee and/or prior operators of the Project in connection with the Application for this
License, are incorporated by reference in this License, and operation of the Project in violation of
such documents, information and/or statements shall be considered a violation of the terms and
conditions of this License.
(03) MPCA Permits.
i. MPCA Permit and Regulations. The terms and conditions of Combined Air and Solid
Waste Permit No. 14100003-005 for an Air Emission Facility, Air Pollution Control
Equipment and Solid Waste Processing system, and Permit for the Construction and
Operation of a Waste Processing Facility, No. SW-305 (collectively referred to as the
"MPGA Permit"), and all MPCA Regulations applicable to the Project, are specifically
incorporated into this License and Licensee shall comply with all such terms and
conditions including, without limitation, the "Special Conditions," Special Conditions
Relating to RDF and Solid Waste," and "General Conditions" of the MPCA Permit. Any
violation of the MPCA Permit or any MPCA Regulation will constitute a violation of the
terms and conditions of this License. Licensee shall notify the City immediately of any
violation of the terms, conditions, or requirements of the MPCA Permit or MPCA
Regulations, and shall advise the City as to what steps will be taken to correct said
violations.
ii. Amendments to MPCA Permits or Regulations. No amendment or change to any term,
condition, or requirement of the MPCA Permits or Regulations shall be incorporated into
this License or become effective with respect to this License until the City has received
notice of the proposed amendment and has specifically consented thereto by amending this
License to incorporate the MPCA Permit Amendment, except those amendments which
impose stricter performance, performance standards, testing or reporting requirements on
the Project.
iii. Reporting Requirements. Copies of all plans, studies, reports, and other materials required
to be submitted to the MPCA by Licensee shall be filed with the City, unless the City
Environmental Administrator or his/her designated representative specifically notifies
Licensee in writing that copies of specific documents will not be necessary. Materials
which must be provided unless declined include, without limitation, all plans and
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specifications, Operations Reports; residue management plans; annual residue reports;
contingency disposal plans; waste composition studies;performance testing and monitoring
results; testing and monitoring plans; the ash management program, including the ash
disposal plan and ash evaluation reports; and all emission inventory reports.
(04) Solid Waste Facilities Ordinance. The Project and Licensee must at all times fully comply
with the requirements of chapter 58, Article III of the city Code, including specifically Sections
58-193, 58-194, 58-213 and 58-214. Any violation of the City Code will constitute a violation of
the terms and conditions of this License. Licensee shall notify the City immediately of any such
violation and shall advise the City as to what steps will be taken to correct said violations.
(05) City Zoning Ordinance and Conditional Permit. The Project and Licensee must at all times
comply with the terms and conditions of the Permit issued for the Project and with the City's Land
Development Regulations Ordinance, including the performance standards set forth in Division 5,
Subdivision V thereof. Any violation of the Permit or the Zoning Ordinance will constitute a
violation of the terms and conditions of this License. Licensee shall notify the City immediately of
any such violation and shall advise the City as to what steps will be taken to correct said
violations.
2.) Existing Licenses. The existing city licenses for the RPP and the ERS are superseded by
this License and shall be terminated as of the effective date of this License.
3.) License Binding. This License and its conditions shall be binding upon Licensee and its
successors and assigns. The assignment by Licensee of its interest in the Project shall not relieve it
of responsibility and liability under this License without the written consent of the City, which
consent shall not be unreasonably withheld.
4.) Term of License. This License will take effect when Licensee through its duly authorized
representative has executed this License indicating Licensee's consent to all of the terms and
conditions of the License, the Permit for the Project, and Chapter 58, Article III of the City Code.
This License shall expire on December 31, 2019, as provided by Chapter 58, Article III of the City
Code. Renewal of this License shall be governed by the procedures and requirements of Sections
58-128, 58-129 and 58-130 of the City Code.
5.) Scope and Conduct of Operations. Operation of the Project shall be conducted in
conformance with existing statutory and regulatory authority and requirements of the City,
Sherburne County (the "County") and the Minnesota Pollution Control Agency (the "MPGA"),
and in accordance with the authorizations, conditions and limitations contained in this License and
in:
(01) the Conditional Use Permit for the Project issued to Licensee, as approved on January 17,
2012, and as subsequently amended or modified (the "Permit"); and
(02) the current MPCA Permit for the Project facilities.
6.) Volumes
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ERS Site: Consistent with the MPCA Permit this License authorizes the establishment and
operation of an Energy Recovery Station which will burn a maximum of one thousand fifty (1,050)
tons per day of refuse derived fuel(RDF), using a 12-month rolling average, and may burn Tire
Derived Fuel (TDF) (as defined by the MPGA), at a rate not to exceed 200 tons per day in any 24-
hour period and 100 tons per day on a 30-day rolling average, and other materials approved in the
Industrial Solid Waste Management Plan for the facility.
RPP Site: Consistent with the MPCA permit this License authorizes the establishment and
operation of a Mixed Municipal Solid Waste Processing Plant which will process a maximum of
approximately 547,000 tons per year of Mixed Municipal Solid waste into refuse derived fuel
(RDF).
7.) Conditions Agreed To. This License is issued subject to the requirements and conditions
set forth below, which are imposed for the purposes of-
i.
£i. Satisfying the standards set forth in the Elk River City Code of Ordinances, including
Chapter 58, Article III and Chapter 30 thereof,
ii. Promoting compatibility with and minimizing any potential adverse effects upon
properties and neighborhoods adjacent to the Project facilities or within the City;
iii. Protecting the public health, safety, and general welfare;
iv. Avoiding traffic congestion or hazard; and
V. Preventing land, water, or air pollution.
By accepting and executing this License, Licensee agrees that the conditions imposed herein are
necessary to fully mitigate the adverse impacts of the Project, and agrees to comply with each of
the conditions set forth herein.
8.) Violation of Conditions. If Licensee or its successors or assigns violates any term or
condition imposed by this Permit, by the City License, by the MPCA Permit, or by any other
license or permit issued for operation of the Project, this Permit may be revoked and/or terminated.
Without limiting the foregoing, the violation of any statute, regulation, ordinance, permit or license
condition imposed by lawful governmental authority and governing operation of the Project is
grounds for suspension, revocation or termination of this Permit. The change, Licensee alteration,
or amendment of any such statute, regulation, ordinance, permit or license condition by any
governmental authority other than the City shall not excuse the Licensee from compliance with
statutes, regulations, ordinances, 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.
9.) Charges and Fees.
(01) Prompt Payment. Licensee shall promptly pay to City all Charges and Fees as provided by
the Permit for the Project. Failure to make prompt payment of all Charges and Fees, including the
annual License Fee provided for below, shall be a violation of the terms and conditions of this
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License and the Permit, and shall be cause for the City to commence suspension, revocation or
termination of this License.
(02) Annual License Fee. In addition to the Charges and Fees provided for in the Permit,
Licensee shall pay an annual License Fee, as required by Chapter 58, Article III of the City Code.
10.) Performance Testing. ERS Site: In addition to all testing and monitoring required by the
MPCA Permit, Licensee shall test the emission levels from the facility of Polychlorinated
Dibenzo-p-Dioxins (PCDD) and Polychlorinated Dibenzofurans (PCDF) (Dioxins and Furans) and
the following heavy metals every twelve (12) months: arsenic, beryllium, cadmium, chromium,
lead, mercury, nickel, and selenium.
11.) Acceptable and Prohibited Waste.
(01) Acceptable Waste
i. Acceptable Waste ERS Site: ERS Site: ERS may combust natural gas, fuel oil, refuse
derived fuel, tire derived fuel yard waste generated onsite and other non-hazardous wastes
approved through the Industrial Solid Waste Management Plan.
ii. Acceptable Waste RPP Site: RPP Site: RPP may process Mixed Municipal Solid waste and
other materials approved through the Industrial Solid Waste Management Plan.
(02) Prohibited Waste
i. ERS Site Prohibited Waste: This license does not authorize the Licensee to combust any
wastes determined to be hazardous in accordance with United States Environmental
Protection Agency (USEPA) Hazardous Waste Regulations and MPCA Hazardous Waste
Rules. In the event any hazardous waste is inadvertently received at ERS, the Licensee
shall handle the waste in accordance with USEPA Hazardous Waste Regulations and
MPCA Hazardous Waste Rules.
1. Burning wood and wood waste, excluding treated or painted wood, will be allowed if
approval is granted from the Minnesota Pollution Control Agency (MPGA). Burning
of painted wood will not be allowed unless and until approval is received from the
MPCA and Licensee has successfully completed such testing as the City shall require.
ii. RPP Site Prohibited Waste: This license does not authorize the Licensee to process any
wastes determined to be hazardous in accordance with United States Environmental
Protection Agency (USEPA) Hazardous Waste Regulations and MPCA Hazardous Waste
Rules. In the event any hazardous waste is inadvertently received at the RPP the Licensee
shall handle the waste in accordance with USEPA Hazardous Waste Regulations and
MPCA Hazardous Waste Rules.
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1. Unacceptable Waste shall include waste which would likely pose a threat to health or
safety or which may cause damage to or materially adversely affect the operation of the
Project, including but not limited to:
2. explosives;
3. hospital, pathological and biological waste;
4. commercial, industrial, and community Hazardous Waste, as regulated by federal, state
and local law;
5. chemicals and radioactive materials;
6. oil sludges;
7. asbestos in identifiable quantities;
8. cesspool, domestic sewage or other sewage sludge;
9. human or animal remains;
10. street sweepings; ash;
11. mining waste;
12. sludges;
13. non-combustible demolition and construction debris, including loads that are
predominantly (i.e., over 50 percent) sheet rock, metal studs/framing,
14. metal siding, garage doors, lights, bricks, block, or concrete;
15. waste in liquid state;
16. hazardous refuse of any kind, such as cleaning fluids, used crank case oils, cutting oils,
paints, acids, caustics, poisons, and drugs;
17. loads of predominantly windshields, mirrors or other autobody glass;
18. loads of predominantly asphalt shingles;
19. Other substances deemed unacceptable by the MPCA or the City.
RPP may accept "Acceptable Household Quantities" of unacceptable waste. "Acceptable
Household Quantities" is defined as "waste which is otherwise Unacceptable Waste, but
which is contained in garbage, refuse and municipal solid waste generated from normal
household activities provided however that no amount of Hazardous Waste or any other
waste that is regulated or restricted bylaw shall be accepted.
RPP may accept "Acceptable Non-Household Waste". "Acceptable Non-Household
Waste" is defined as "waste which is otherwise Unacceptable Waste, but which is
contained in garbage, refuse and municipal solid waste generated from commercial,
industrial, or community activities, where the quantity of such Unacceptable Waste
contained in any load delivered to the Project constitutes an insignificant portion of such
load, provided, however that no amount of Hazardous Waste or any other waste that is
regulated or restricted by law shall be "Acceptable Non-Household Quantities".
(03) RPP Waste Inspection Requirements
i. Licensee shall develop a plan for identifying Prohibited wastes at the Resource Processing
Plant and the generators of such waste. This plan shall include, at a minimum, the
following elements:
ii. Licensee shall thoroughly inspect a minimum of twenty (20) MSW loads per month
(average) selected on a random basis. This inspection shall include a visual inspection of
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the content of each load.
iii. Licensee shall submit to the City a quarterly report containing, at the minimum, the
following information of each load inspected:
1. The hauler and truck number of the load;
2. Any Prohibited waste found in the load.
3. Licensee's efforts to identify the generator of any Prohibited waste found in the load.
4. The identity, if known by Licensee, of the generator of any Prohibited waste found in
the load;
5. The actions which Licensee is taking against the generator and hauler of any such
Prohibited waste found in the load;
6. Licensee's record of disposal of any Prohibited waste found in the load.
iv. Licensee shall advise the City Environmental Administrator, if requested, when these loads
are being inspected and the City shall have the right to have its personnel on-site to observe
the inspection process.
V. City shall have the right to thoroughly inspect the Resource Processing Plant for
cleanliness and compliance with the other terms of this License.
vi. To further ensure compliance with restrictions in this License, and in Chapter 58, Article
III of the City Code of Ordinances, on the handling and processing of hazardous and
dangerous wastes, and to protect the public health, safety, and general welfare of the
citizens of Elk River, the City shall have the right, upon thirty (30) days' notice to
Licensee, to have an inspector at the Resource Processing Plant twenty-four (24)hours a
day. These inspectors shall have the right of access to all areas of the Resource Processing
Plant, twenty-four (24)hours a day, for the purposes of inspection to ensure compliance
with all of the terms and conditions of this License, the Permit for the facility, and Chapter
58, Article III of the City Code. The on-site City inspector shall have the right at any time
to take one or more of the following actions:
vii. Order a load of MSW inspected, pursuant to the procedures set forth above;
viii. Order the Resource Processing Plant shut down if necessary to bring it into compliance
with any other term or condition of this License, the Permit for the Project, or Chapter 58,
Article III of the City Code.
12.) RDF and Reject Disposal. All wastes received shall be disposed of in strict compliance
with the requirements of Chapter 58, Article III of the City Code and Chapter 7035 of Minnesota
Rules.
13.) RDF Truck Haul Routes. To minimize the impact of the Project on other land uses and
activities in the area, incoming and outgoing traffic from the Project facilities shall be controlled
by the Licensee in such a manner as to provide orderly and safe ingress and egress and so as not to
impede or interfere with general traffic.
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14.) Processing and Storage Areas to be Fully Enclosed.
(01) RPP Site. All MSW and RDF receiving, processing, and storage areas at the RPP Site shall
be fully enclosed except that bulky rejects (e.g., tanks, white goods, tires etc.) may be stored
outside the building in covered shelters and hot loads may be temporarily stored in the hot load
area. Adequate facilities shall be provided to insure that under no circumstances will there be any
exterior storage of MSW or RDF, except in enclosed trailers or trucks. Licensee shall create a 20-
foot open space (fire break) between the conveyor on the tipping floor of the Resource Processing
Plant to the garbage on the tipping floor. All RDF haul trucks leaving the Resource Processing
Plant shall be securely covered so that no RDF or other matter may escape.
(02) ERS Site. All RDF receiving, handling, and storage areas at the ERS Site, shall be fully
enclosed and sprinkled as needed to minimize dust and/or odor, including the pit in the receiving
building, the hood over the conveyor in the receiving building, and the entire RDF conveyor from
the receiving building to the burners. Adequate ash storage facilities shall be provided to insure
that under no circumstances will ash be stored in anything but fully enclosed structures.
Ventilation and filters shall be provided for this building sufficient so that ash particles are not
being exhausted outside the building. All ash and other haul trucks leaving the Energy Recovery
Station shall be securely covered so that no ash, residue, or other particulate matter may escape.
15.) Hours. The Project, including the transport of RDF, may operate twenty-four (24)hours a
day. The City reserves the right to restrict the hours of operation of the Resource Processing Plant
to normal Business hours if noise emanating from the facility to surrounding residential properties
is unacceptable or if necessary to protect the public health, safety or general welfare.
16.) Drop Off Area. RPP Site: Licensee shall provide an area at the Resource Processing Plant
for disposal of solid waste by individual citizens. Licensee shall also advertise on at least a
biannual basis the availability of this public drop off facility and the fee charged for it, and shall
cooperate with the City in recycling efforts.
17.) Wash Water and Storm Water Run Off All truck and facility wash water at the Resource
Processing Plant shall be diverted and captured in a retention tank so it does not enter the
groundwater system. Captured wash down water shall be disposed of as required by the MPGA,
and shall not be disposed of in the City's Waste Water Treatment Plant unless approved by the
City. Testing of storm water run-off captured in the on-site retention/detention pond shall be
conducted in accordance with State requirements. Licensee shall provide City evidence of storm
water NPDES permit coverage for industrial activities and a copy of the Licensee's Storm Water
Pollution Prevention Plan.
18.) Ash Disposal. ERS Site: All ash shall be permanently transported out of the City. Ash
disposal shall strictly comply with the requirements of Chapter 58, Article III of the City Code and
the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the State of Minnesota
shall only be permanently deposited in solid waste management facilities which have been
specifically designed for ash disposal; which have been approved by the Minnesota Pollution
Control Agency for ash disposal; and which are equipped with a line and leachate collection
system adequate to collect all leachate which may be generated at the Site.
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19.) Security and Litter Control. RPP Site: The Resource Processing Plant shall be enclosed by
a minimum six-foot and no more than eight-foot high chain link fence. Licensee shall engage in a
regular and routine litter maintenance and removal program as required by the City.
20.) Signage. Licensee shall erect and maintain at each entrance to each component of the
Project a permanent sign stating the name of the Project facility, the MPCA Permit number and
stating the hours and days the facility is open for public use.
21.) On-Site Inspection.
(01) Resource Processing Plant. The City shall have the right of access to all areas of the
Resource Processing Plant for the purpose of inspection to ensure compliance with all of the terms
and conditions of this License, the Permit for the Project, and Chapter 58, Article III of the City
Code. The City need not give prior notice to the Licensee for personnel to access the Resource
Processing Plant during waste receiving hours, Monday through Saturday, or if an explosion or
other emergency occurs. At any other time, at least twelve (12) hours prior notice to the Licensee
is required. Such access shall be in accordance with reasonable safety standards and reasonable
proprietary information requirements. Inspectors shall have the right, at any time, to take one or
more of the following actions:
i. Order a load of MSW inspected, pursuant to the procedures set forth in this License;
ii. Order the Resource Processing Plant shut down if necessary to bring it into compliance
with any other term or condition of this License, the Permit for the Project, or Chapter
58, Article III of the City Code.
(02) Energy Recovery Station. The City shall have the right of access to the Energy Recovery
Station and the ERS Site. The City need not give prior notice to the Licensee for designated
personnel to access the Energy Recovery Station or ERS Site during the hours of 6:00 a.m. to 6:00
p.m., Monday through Saturday, or if any emergency occurs. At any other time, at least twelve
(12) hours prior notice to the Licensee is required. Access shall be administered in accordance
with Licensee's safety standards, National Homeland Security rules and regulations and
proprietary information requirements, and shall not interfere with the Licensee's ability to perform
its contractual obligations.
22.) Insurance and Bonding. Licensee shall at all times comply with the insurance and bonding
requirements set forth in Section 58-127 of the City Code.
23.) Indemnification of City. The Licensee shall defend and hold the City, its officers, and
employees harmless from all claims made by third parties for damages sustained or costs incurred
resulting from Project approval, construction, and operation. The Licensee shall indemnify the
City, its officers, and employees for all costs, damages, or expenses which the City may pay or
incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity,
and hold harmless provisions shall not be in effect from and after the date that the occurrence
giving rise to the claim in questions is determined by a court with jurisdiction over the matter to
have been caused solely by the willful conduct or negligence of the City, its officers or employees.
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Until the date of such judicial determination, the defense hold harmless and indemnification
provisions shall be in full force and effect and in the event of such judicial determination, the City
shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in
connection with the foregoing. Nothing herein shall be construed to prohibit the City from
selecting its own counsel to act as co-counsel in the defense of such matters. The Licensee agrees
to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and
employees from any claims or damages arising out of any acts or omissions on the part of the
Licensee and any of the participating counties or their commissioners, agents, or employees in the
performance of the counties' contractual obligations under the agreements with the Licensee, from
any strict liability imposed upon the City pursuant to Minn. Stat. 11513.01, et seq. for the release of
hazardous waste at the Project facilities and from any remedial actions, clean-ups, removal,
closure, post-closure activities, or monitoring requirements or costs associated therewith. This
indemnity, hold harmless, and defense obligation on the part of the Licensee shall include, but not
be limited to, any and all actions, claims, requirements, or claims for damages arising out of the
granting of this Permit for the Project or any variance associated with the height of the facility and
the inability of the City to properly respond to fire calls at the facility due to the limitations of its
equipment or personnel, but shall not include willful and unjustified failure to respond to fire calls
at the facility. The indemnities provided in this paragraph are subject to the limits of liability set
forth in Minnesota Statutes Section 466.06, as amended from time to time, if effective as to the
particular indemnified action or claim. Nothing in this Permit is intended to waive the immunities
to which the City is entitled by law.
24.) Waiver and Claims. The Licensee waives and releases the City from all claims, direct or
indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's
consideration or issuance of the License.
25.) Right to Require Performance. The failure of the City, at any time, to require performance
by Licensee of any provisions hereof, or to promptly take legal action to enforce this License, shall
in no way be a waiver or release or 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.
26.) Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this License, the Permit, the MPCA Permit or the Solid Waste Facilities Ordinance is for any
reason held invalid, such decision shall not affect the validity of the remaining portions of this
License, the Permit, the MPCA Permit or the Solid Waste Facilities Ordinance.
27.) Amendments or Waivers in Writing. To be binding, amendments or waivers to any term of
this License shall be in writing, signed by the Licensee, and approved by written resolution of the
City Council.
28.) Conflicts. In any cases in which Licensee believes there is an irreconcilable conflict
between the requirements of this License and laws, rules, regulations, or order of any other
governmental authority, 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
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License shall govern all operations at the Project facilities and shall prevail over the provisions of
any document submitted by the Licensee any requirements of state for federal law. The City shall
not unreasonably refuse to amend this License or waive compliance with this License in order to
prevent violation of the law.
29.) Modification, Suspension, or Revocation of License. This License is subject to suspension
and/or revocation pursuant to the procedures and standards set forth in Chapter 58, Article III of
the City Code. The violation of any of the terms of this License is ground for suspension or
revocation hereof. Furthermore, the City specifically reserves the right, and Licensee agrees, that
this License 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 License, whenever any reliable
information is secured from a recognized source which demonstrates that the continued operation
of the Project places the public health, safety, welfare, or the environment in jeopardy. Such
information includes, but is not limited to a determination that emissions generated by the Project
threaten the public health, safety, or general welfare (other than as indicated in the License
application).
Without limiting the forgoing, the City reserves the right to amend this License to impose upon
Licensee the obligation to comply with any state or federal law or regulation relating to the
operation of the Project, whether or not said laws or regulations apply by their terms to preexisting
facility. 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 Licensee. Notice of hearing shall include a statement of the proposed action by the City and the
reasons therefore. Any violation of terms and conditions of this License shall also be considered a
violation of Chapter 58, Article III of the City Code and, in addition to suspension or revocation of
this License as provided in Section 58-130 of the City Code, the City may proceed to seek
enforcement of this License and the Solid Waste Facilities Ordinance under Section 58-103
thereof.
30.) Notices. Required notices to the Licensee shall be in writing, and shall be either hand
delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or
registered mail at the following addresses:
Great River Energy
ATTN: Manager, Elk River Resource Recovery Project
17845 US Hwy 10
Elk River MN 55330-0800
Great River Energy
ATTN: Manager, Environmental Services
12300 Elm Creek Boulevard
Maple Grove, MN 55369-4718
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Notice to the City shall be in writing, and shall be either hand delivered to the Environmental
Administrator, or mailed to the City by certified or registered mail in care of the Environmental
Administrator at the following address:
City of Elle River
13065 Orono Parkway
Elle River, MN 55330
Attention: Environmental Administrator
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THE CITY OF ELK RIVER:
ATTEST:
By: By:
John A. Dietz Tina Allard
Its: Mayor Its: City Clerk
GREAT RIVER ENERGY
By:
Its:
Page 13
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
2017, by John A. Dietz, the Mayor of the City of Elk River, on behalf of the City of Elle River.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
2017, by Tina Allard, the City Clerk of the City of Elle River, on behalf of the City of Elle River.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
, 2017, by , the of
Great River Energy, a Minnesota corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Gray, Plant, Mooty, Mooty & Bennett
500 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
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EXHIBIT A-1
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EXHIBIT A-2
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