6.5. SR 04-04-2005
Item # 6.5.
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele MCPherso~ctor of Planning
DATE:
April 4, 2005
SUBJECT:
Case No. OA 05-03
Request by the City of Elk River to Amend Commercial and
Industrial Districts to Allow Dry Cleaning Facilities
Request
The City Council is asked to consider an ordinance amendment to establish dry cleaning
establishments as a conditional use permit in the Downtown, Highway Commercial, and Light
Industrial Districts. They would be allowed in Medium Industrial Districts.
Attachment
· Minnesota Pollution Control Agency 1999 Fact Sheet Regarding Emission Standards for Dry
Cleaning Facilities
· Ordinance No. 05 -
Back~round
In 2003, the City established the Downtown Zoning District as part of the Downtown
Revitalization Project. That district does not allow dry cleaning establishments as a use, either
permitted or conditional. No other zoning district allows dry cleaning as a use either.
Nadeau's Dry Cleaning is being acquired by MetroPlains Development as part of the Bluff Block
portion of the Downtown Revitalization Project. Nadeau's is considering the possibility of
relocating their facility in downtown to the former Creative Expressions space adjacent to the
Bumper to Bumper facility. Staff was asked to process an ordinance amendment to allow dry
cleaning facilities to locate within the City, and specifically, within the Downtown District.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Memo to the Mayor and City Council/OA 05-03
April 4, 2005
Page 2
Analysis
In the past, dry cleaning facilities have been the subject of environmental concern due to the
chemicals used in the dry cleaning process. A number of dry cleaning sites have been the
subject of Brownfield developments, whereby State and Federal funds have been used to clean
up contamination as a result of dry cleaning facilities. The dry cleaning industry has a fund that
operators contribute to in order to clean contaminated sites as needed. Dry cleaning is now a
thorougWy regulated industry, by both the State and Federal governments. If the Commission is
interested, they can be forwarded information from the Federal Pollution Control Agency
regarding the Federal Environmental Regulations relating to drycleaners.
Due to the change in Federal regulations, staff is not concerned with the possible relocation of
the Nadeau's facility within the downtown area. In addition, it would be logical to assume that a
similar facility may want to locate in the Highway Commercial District, or even in the Light or
Medium Industrial Districts. In order to regulate dry cleaning facilities, the City will need to
establish definitions of terms. Staff suggests for the Commission's consideration the following
definitions:
A. Dry Cleaning - Means the process of removing dirt, grease, paint, spots, stains or any other
form of foreign matter from wearing apparel and/ or household furnishings by any means
other than washing with soap or detergent and water.
B. Dry Cleaning Establishment - Means an establishment for the mechanical cleaning of
garments, articles or goods of fabric for retail customers.
C. Dry Cleaning Pick-up Station - Means an establishment where customers drop-off and pick
up garments or articles that are sent to another location for cleaning.
The distinction between definitions B. and C. is important. A dry cleaning pick up station could
be a typical retail store front and be allowed in any commercial district, as the act of dry cleaning
would not occur in that space. It would be merely a place for dropping off and picking up items
that are to be dry cleaned off-site at a plant located elsewhere in the city or within the region.
Staff suggests to the City Council that dry cleaning plants be allowed as a conditional use in the
Downtown, C3 Highway Commercial, and the Light Industrial Districts. Dry cleaning pick up
stations would be allowed as a permitted use in all commercial districts. Staff would suggest that
a dry cleaning plant could be consistent with typical Medium Industrial uses such as auto repair
shops or light manufacturing.
Planning Commission Action
No one spoke for or against the proposed ordinance amendment at the Planning Commission
public hearing of March 22, 2005. The Commission voted unanimously to recommend approval
of the request to the City Council.
Recommendation
Staff recommends that the City Council approve the ordinance amendment relating to dry
cleaning establishments which will establish definitions and establish locations where such uses
may be conditional and/or permitted.
S:\PLANNING\Case Files\200S\OA 05-03 Drycleaning\04 04 05 CC Memo,doc
(Q) Minnesota Pollution Control Agency
-- - -
- v .-
AQ Doc. # 5.03
May 1999
Emission Standards for Dry
Cleaning Facilities
Facts about
The U. S. Environmental Protection Agency (EP A) has set new standards for the control of
erchloroeth lene releases from cleanin facilities.
Definitions used:
oC means degrees Celsius.
CA means carbon adsorber. This is a bed of activated carbon
into which an air-perchloroethylene gas-vapor stream is routed
and which adsorbs the perchloroethylene on the carbon. Carbon
adsorbers are often called "sniffers."
Colorimetric detector tube means a glass tube (sealed prior to
use), containing material impregnated with a chemical that is
sensitive to perchloroethylene and is designed to measure the
concentration of perchloroethylene in air.
Dry to dry machine means a one-machine dry cleaning
operation in which washing and drying are performed in the
same machine.
Existing means began construction or reconstruction before
December 9, 1991 (the date the proposed rule was published in
the Federal Register).
of means degrees Fahrenheit
Fugitive emissions means emissions that couldn't reasonably be
vented through a vent, stack, or similar device.
New means began construction or reconstruction on or after
December 9, 1991.
ppm means parts per million.
Process vent controls means devices used to control emissions
from a vent, stack, or similar device.
RC means refrigerated condenser. This is a system into which
an air-perchloroethylene gas-vapor stream is routed and the
perchloroethylene is condensed by cooling the gas-vapor stream.
Refrigerated condensers are often called "chillers."
Transfer machine system means a multiple-machine dry
cleaning operation in which washing and drying are performed in
different machines. Examples include, but are not limited to: (1)
a washer and dryer, (2) a washer and reclaimer, or (3) a dry to
dry machine and reclaimer.
Perchloroethylene, often
referred to as "perc" or
"PCE," is suspected of
causing cancer in humans.
This fact sheet is designed
to help you understand these
new regulations.
. These emission
standards are different
from hazardous waste
regulations. These are
based on use of perc,
not generation of perc-
related drained spent
cartridge filters, still
bottoms, or filter muck
waste.
These emission
standards are different
from the Minnesota
Occupational Safety and
Health Administration
(OSHA) regulations that
set a time-weighted
average of 25 ppm of
perc as the exposure
limit for employees.
.
.
These requirements do
not apply to coin-
operated dry cleaning
facilities.
Minnesota Pollution Control Agency, 520 Lafayette Rd. N., 51. Paul, MN 55155-4194
(651)296-6300, toll-free 800-657-3864, TDD/TTY (651)282-5332
Upon request, this material can be made available in alternative formats.
Deadlines
. All existing perc dry cleaning facilities must now be in compliance with these standards.
. Notification and compliance reports for any new perc dry cleaning machine are due 30 days
after the machine is installed.
REQUIREMENTS FOR DRY CLEANING FACiliTIES
Applicability: Small Area Sources* Large Area Sources* Major Sources*
Facilities with: Consume less than: Consume between: Consume more than:
Only Dry-to-Dry 140 gal. perc/year 140-2,100 gal perc/yr. 2,100 gal. perc/year
Only Transfer Systems 200 gal. perc/year 200-1,800 gal. perc/yr. 1,800 gal. perc/year
Both Dry-to-Dry 140 gal. perc/year 140-1,800 gal. perc/yr. 1,800 gal. perc/year
and Transfer Systems
Process Vent Controls:
Existing Facilities None RC (or equivalent) Existing CAs can remain;
they do not have to be replaced bv RCs.
New Facilities Refrigerated condenser (Re) or equivalent RC followed by small
CA or equivalent
Fugitive Controls:
Existing Facilities Sealed containers Room enclosure***
Leak detection/repair Sealed containers
Leak detection/repair
New Facilities No new transfer systems
Sealed containers
Leak detection/repair
Monitoring:
Existine Facilities None Meet parameters set for RCs and CAs
New Facilities Meet parameters set for RCs and CA's
Inspections:
Existine Facilities Biweekly Weekly
New Facilities Weekly
* Area sources are currently deferred from air permitting requirements.
**All major sources will need Air Quality Permits.
***Ifyou use a room enclosure to meet the required control, you are required to vent all air from inside the
room enclosure through a carbon adsorber. The room enclosure must be constructed of materials impermeable
to perc, must be designed and operated to maintain a negative pressure at all times while the transfer machine
is operating, and must exhaust to a carbon adsorber.
Questions on any ofthe preceding or following information? For additional assistance or a copy of
the rule, contact the Small Business Assistance Program at (651) 282-6143 or (800) 657-3938.
Doc. # 5.03, Page 2 of 4
Compliance Steps Required of All Dry Cleaners
Required monitoring must begin immediately for new installations and was
required to begin November 23, 1996 for existing facilities
1. RC: Measure the temperature at the end concentration needs to be less than or equal to
of the cycle on the outlet side of the RC on the 100 ppm.
dry to dry machine, dryer, or reclaimer. It
must be less than or equal to 7.20C (450P).
Reporting
Each facility must submit an initial report and
compliance reports.
Initial reports must include the following:
1. The name and address of the owner or
operator;
2. The address (physical location) of the dry
cleaning facility;
3. A brief description of the type of each dry
cleaning facility;
4. Documentation or an estimate of how
much perc was used in the previous year
to estimate how the regulation applies.
5. A description of the type of pollution
control device(s) that will be used and
Monitoring
Measure the inlet and outlet temperature
difference of the RC on a washer. It must be
greater than 11.IOC (200P). Each temperature
sensor must be designed to measure at least a
temperature range ofOoC (320P) to 48.90C
(1200P) to an accuracy of + or - 1.10C (20P).
2. CA: Pollow the manufacturer's directions.
If you use a CA on a dry-to-dry machine or a
transfer machine to meet the required control,
or you use a supplemental CA on a dry-to-dry
machine and the exhaust passes through the
CA immediately upon door opening, use a
colorimetric detector tube that measures a
concentration of 100 ppm by volume of perc
in air to an accuracy of + or - 25 ppm by
volume. Measure the perc concentration in
the exhaust of the CA with a colorimetric
detector tube while the dry cleaning machine is
venting to that CA at the end of the last dry
cleaning cycle prior to desorption. The perc
Doc. # 5.03, Page 3 of 4
whether the control device(s) is currently
in use or will be purchased.
6. Documentation to show that each room
enclosure, used where required, is within
the specifications of this standard.
Compliance reports must include statements
certifying the following:
1. The yearly perc consumption limit based
upon the yearly perc consumption
calculation.
2. Whether or not the facility is meting each
applicable requirement.
3. That all information contained in the
statement is accurate and true.
A sampling port for monitoring within the
exhaust outlet of the CA must be provided in a
place that is easily accessible; located at least
eight times the diameter of the stack or duct
downstream from any flow disturbance (bend,
expansion, contraction, or outlet); not
downstream from any other inlet; and two
times the diameters of the stack or duct
upstream from any flow disturbance.
If you are a new, major source and you use a
supplemental CA on a dry-to-dry machine and
the exhaust passes through the CA before the
machine door is opened, use a colorimetric
detector tube that measures a concentration of
300 ppm by volume ofperc in air to an
accuracy of + or - 75 ppm by volume. Do this
after the last dry cleaning cycle. Place the
tube into the open space at the rear end of the
drum immediately after door opening. The
perc concentration needs to be less than or
equal to 300 ppm.
Records
Inspection Requirements
Inspection requirements dictate that dry 9. exhaust dampers;
cleaners inspect the following components for 10. diverter valves; and
leaks while the dry cleaning system is 11. cartridge filter housings.
operating. All perceptible leaks detected during these
1. hose and pipe connections, fittings, inspections shall be repaired in 24 hours. If
couplings, and valves; required monitoring detects values that do not
2. door gaskets and seatings; meet the parameters set in the standard,
3. filter gaskets and seatings; adjustments or repairs shall be made to the dry
4. pumps; cleaning system or control device to meet
5. solvent tanks and containers; those values. Needed repair parts must be
6. water separators; ordered within 2 days of detecting a leak or
7. muck cookers; unacceptable value. Repair parts shall be
8. stills; installed within 5 working days after receipt.
Other Requirements for All Dry Cleaning Facilities
Fugitive Controls 1. The volume of perc purchased each
. Close the door of each dry cleaning month..
h.. d' tift tr ..: . 2. The calculatIOn and result of the yearly
mac me Imme Ia e y a er ans1.errmg .
. . perc consumptIOn as shown. Perform the
artIcles to or from the machme; keep the ..: 11. 1 l' h fi d f
d 1 d t 11 th t. 1.0 owmg ca cu atIOn on t erst ay 0
oor c ose a a 0 er Imes. h
D d' 1 ak everymont :
· etect an repaIr e s. . a) Sum the volume of all perc purchases
· Store all perc solvent product and waste m d' h fth . 12
1 d . ma e m eac 0 e preVIOUS
sea e contamers. th
mon s
· Drain all cartridge fi~ters in their ?~using, b) If no perc purchases were made in a
or other sealed contamer, for a ~l1mmum given month, then the perc
of24 hours (or treat such filter m an consumption for that month is 0
equiva~e?t manner) before removal from gallons.
the facIlIty. c) The total sum calculated is the yearly
Operation/Maintenance perc consumption at the facility.
. Retain on site a copy ofthe design 3. The dates when the dry cleaning system
specifications and the operating manuals components are inspected for perceptible
for each dry cleaning system and each leaks, as specified, and the name or
emission control device located at the location of dry cleaning system
facility. components where perceptible leaks are
. Operate and maintain dry cleaning systems detected.
according to manufacturer's specifications 4. The dates of repair and records of written
and recommendations. or verbal orders for repair parts.
5. The date and temperature sensor
monitoring results of refrigerated
condenser, if required.
6. The date and colorimetric detector tube
monitoring results, of carbon adsorber, if
required.
Dry cleaners shall keep receipts of perc
purchases and a log of the following
information, maintain such information on site,
and show it upon request for a period of 5
years:
Doc. # 5.03, Page 4 of 4
Printed on paper containing at least 20 percent fibers from paper
recycled from consumers.
ORDINANCE 05-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-1, 30-1024, 30-1026, 30-1292, AND 30-1293 OF THE CITY
CODE OF ORDINANCES
CASE NO. OA 05-03
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-571 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Dry Cleaning - Means the process of removing dirt, grease, paint, spots, stains or
any other form of foreign matter from wearing apparel and/or household
furnishings by any means other than washing with soap or detergent and water.
Dry Cleaning Establishment - Means an establishment for the mechanical cleaning
of garments, articles or goods of fabric for retail customers.
Dry Cleaning Pick-up Station - Means an establishment where customers drop-off
and pick up garments or articles that are sent to another location for cleaning. Such
establishments are consistent with general retail uses.
Section 2. Section 30-1024 titled, Highway Commercial District, of the City of
Elk River Code of Ordinances shall be amended to read as follows:
(d) Conditional Uses
(24) Dry Cleaning Establishment
Section 3. Section 30-1026 titled, Downtown District, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
(d) Conditional Uses
(15) Dry Cleaning Establishment
Section 4. Section 30-1292 titled, Light Industrial District, of the City of Elk
River Code of Ordinances shall be amended to read as follows:
(d) Conditional Uses
(17) Dry Cleaning Establishment
Section 5. Section 30-1293 titled, Medium Industrial District, of the City of Elk
River Code of Ordinances shall be amended to read as follows:
(b) Permitted Uses
(10) Dry Cleaning Establishment
law.
Section 6. That this ordinance shall take effect upon publication as provided by
Passed and adopted by the City Council of the City of Elk River this 4th day of
April, 2005.
Stephanie Klinzing
Mayor
ATTEST:
Joan Schmidt
City Clerk
S:\PLANNING\Case FilesUOOS\OA 05-03 Drycleaning\Ordinance Drycleaning.DOC