5 PCSR 04-27-1993 Item 5
'tylof TO: PLANNING COMMISSION
kJ •
River FROM: STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
DATE : APRIL 21, 1993 sg.
SUBJECT: RENEWAL OF CONDITIONAL USE PERMIT
FOR CONTECK ENVIRONMENTAL SERVICES/
PUBLIC HEARING, CASE NO. CU 93-05
APPLICANT
ConTeck Environmental Services, Inc . , 22460 Highway 169, Elk
River, MN, represented by Chris Kreger.
REQUESTED ACTION
Renewal of conditional use permit to allow a facility to
thermally treat petroleum hydrocarbon contaminated soil . A
copy of staff ' s proposed conditional use permit is attached.
This operation also requires a solid waste facility license,
which is acted on only by the City Council . For your
information, a copy of the proposed license is also attached.
• The language in the license and conditional use permit are
similar.
SITE ZONING
Al/Agricultural, with the solid waste facility overlay district.
SURROUNDING ZONING
Al/Agricultural - all directions .
LEGAL DESCRIPTION
The legal description of the property that the facility is
located on can be found on the front pages of the attached
license and conditional use permit. A map is attached showing
the general location of the affected property.
OVERVIEW
The ConTeck thermal soil processing facility was originally
permitted by the City of Elk River in February, 1990 . Renewal
of these permits should have taken place earlier, however, they
were delayed at City staff ' s request.
Attached is a letter from Chris Kreger dated February 3, 1993,
•
requesting renewal of his permits . As Mr. Kreger indicates in
this letter, the biggest issue to be resolved with the renewal
of these permits, is the possibility of a different contractor
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
License & CUP Renewal, ConTeck Page 2
April 21, 1993
• and equipment being used to treat soil than was originally
approved.
Referencing the conditional use permit, the following
paragraphs will highlight staff ' s recommended changes to that
document:
Section 1 - Scope And Conduct of Operation
a. The updated MPCA air emissions permit number has been
added to this section.
b. Staff is proposing language that more specifically
spells out that the operation is for the treatment of
petroleum contaminated soil only.
c . The last proposed change to this section is to allow
for a staff review and consequently, approval or veto
of an alternative treatment facility at this site
based on the alternative facilities ' ability to meet
the emissions standards set forth in this permit and
MPCA' s air emissions permit. Staff also allowed for
Mr. Kreger to have an appeal process with the
Council, if he does not agree with staff ' s review of
an alternative facility.
• Section 2 - Specific Requirements
( 01) Conditions Precedent - In this section, staff removed
the condition that the permit was subject to approval
of a contingency action plan for the landfill . A
contingency action plan has been approved and this
condition is no longer needed.
( 02 ) Soil Storage - During the original review in 1990,
Mr. Kreger indicated the stock piles of soil waiting
for treatment would be covered with dirt to avoid the
petroleum products from being volatized (vaporized
and released to the atmosphere) . As far as staff
knows, this has not been done. Another concern with
the stock piles is fugitive dust. Because of these
issues, staff is proposing the maximum storage
allowed be 20, 000 cubic yards .
(06 ) Testing Schedule For Residues - Staff is proposing to
revise this language to take into consideration the
fact that an alternative facility may not be equipped
with the same pollution control equipment as the
original facility. The new language proposed by
staff would allow for testing of residue from
411 whatever equipment is used on an alternative facility.
License & CUP Renewal, ConTeck Page 3
April 21, 1993
• RECOMMENDATION
Staff recommends approval for the renewal of ConTeck' s license
and conditional use permit with the above listed changes
contingent on proof of insurance.
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11�iZ,C� RECEIVED FEB o4 1991
ENVIRONMENTAL SERVICES, INC.
•
February 3, 1993
Mr. Steve Rohlf
City Of Elk River
720 Dodge Avenue NW
Elk River, MN 55330
RE: ConTeck License Renewal
Dear Mr. Rohlf
This letter is intended to request that ConTeck Environmental Services, Inc.
License be renewed and that its Conditional Use Permit be modified slightly.
ConTeck has processed a total of approximately 17,000 tons of hydrocarbon
contaminated soils through its facility over the past two years. This is way below
our original estimates. All conditions of the permits are to remain as they were
except for one additional request:
• ConTeck would like to be allowed to hire another contractor to complete soil
remediation at this site. All allowable emissions would meet or exceed the limits
set in our current permits, however equipment configuration, looks and size
would be different than our plant.
When ConTeck requests bids from these contractors, it would also require that
pertinent technical information be submitted, allowing us to determine the
contractors ability to meet our performance requirements. Additionally ConTeck
would closely supervise the work in progress to protect the City's and our
interest.
ConTeck is requesting this change due to the poor market in Minnesota for this
type of construction. ConTeck is pursuing and receiving better projects outside
of the State and as a result may be busy on another project when we should also
be processing here. This change will allow ConTeck the flexibility to meet all of
its obligations while providing the same protection to the environment.
At this time ConTeck is uncertain as to the potential to obtain any further
significant business in this area. The State is continuing to allow less than the
best available technology to be used for treatment of this material and the
Petroleum Tank Reimbursement Fund is $5.5 million in the red. Given these
conditions it is unlikely that the situation will change soon. A quick scan of your
• records will show that ConTeck hasty, ,even had an application for treatment
submitted by Elk River Landfill, Inc. scATfnid summer last year.
ENVIRONMENTAL CONTRACTORS
CUPRENEW.DOC22460 Hwy.169 • Elk River,Minnesota 55330 • (612)441-4965
SHERBURNE COUNTY ABSTRACT & TITLE CO.
• PAT RASMUSSON
PRESIDENT
CATHY BAILEY Jan. 15,1993
SEC./TREAS.
BONI CULLEN
MANAGER
Based on the examination of real estate records I find the following are property
owners within 350 foot radius of the land described on attached Exhibits:
Tiller Corporation, 10633 89th Ave N, Maple Grove, MN 55369
Ernest Toth, 22191 Hwy 169 NW, Elk River, MN 55330
Schulze Farms of Elk River, 10743 181st Ave NW, Elk River, MN 55330
Chris Kreger, 11661 225th Ave NW, Elk River, MN 55330
John Toth, 22915 Hwy 169, Elk River, MN 55330
Barney Horvath, 21884 Hwy 169, Elk River, MN 55330
Bradley Grabowski, 11631 219th Ave NW, Elk River, MN 55330
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317 KING AVENUE• ELK RIVER, MINNESOTA 55330• (612)441-3280
6MLTA/
Affiliated with American Land Title Association
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We hope that this meets with your approval and look forward to your response.
Should you have any additional questions please feel free to give me a call.
Sincerely,
ConTeck Environmental Services, Inc.
/
Chris Kreger, President
•
•
CITY OF ELK RIVER 1 '0,1-u;
• AGREEMENT FOR ISSTANCE OF
A CONDITIONAL USE PERMIT D
CONTECK ENVIRONMENTAL SERVICES
THIS AGREEMENT, made and entered into this day of
, 19938, by and between the CITY OF ELK RIVER, a
Minnesota municipal corporation (hereinafter referred to as the
City) , and CONTECK ENVIRONMENTAL SERVICES, INC. , a Minnesota
corporation (hereinafter referred to as the Permittee or
ConTeck) , provides as follows:
WHEREAS, the Permittee has contracted with Elk River
Landfill, Inc. (ERL) , to operate a thermal soil processing
facility (the Facility) et—on the following-described real
properties (hereinafter referred to as the ConTeck Property)
located within the permitted area of the Elk River Landfill
Site (ERL Site) situated in the City of Elk River:
[LEGAL DESCRIPTION TO BE ADDED]
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WHEREAS, the City adopted an amendment (the Amendment) to
its zoning ordinance authorizing the -designatingen of—the ERL
Site a Solid Waste Facility (SWF) district effective
January 20, 1987; and
WHEREAS, Permittee will operate a facility for the
processing and treatment of soils contaminated with petroleum
hydrocarbon on the ConTeck Property Landfill en Tract D in the
location shown on the site plan submitted #t-'with the
application dated February 5, 1990; and
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11 'd E 19GG 1090b '0N / 00: l 1 E6 (EZ) N1 IE NVEEOH H I {dV`I Wold
WHEREAS, Permittee' s operation will be conducted in
• compliance with ERL' s Industrial Waste Management Plan and the
City of Elk River' s Solid Waste Facilities Ordinance, Sections
604 et. seq. ; and
WHEREAS, the appropriate and lawful regulation of the use
of land for thermal soil conditioning 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 Facility..-; and
WHEREAS, the City Council approved a Conditional Use
Permit 90 for the Facility on July 23 , 1990 ,,-; and ctxbject to
conditioning operation.
WHEREAS, Permittee has applied for renewal of the
Conditional Use Permit approved in 1990 and amendment of the
Conditional Use Permit to allow an alternate thermal soil
processing facility to be operated on the ConTeck Property;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Elk River, that ConTeck Environmental Services, Inc . ,
is hereby granted a Conditional Use Permit for a the-thermal
soil treatment operation on the ConTeck Property deco ribed
above-subject to the terms, and the conditions and
411 qualifications set forth hereinafter -atet*dand the application
materials submitted to City dated February 5, 1990 and
supplementary information dated April 15, 1990, and April 17,
1990, to wit :
1 . ) ScQAe and Conduct of Operations.
..V7:2723 (01) The operation of a the--thermal soil treatment
1facility (the Facility) may be conducted on the ConTeck
Rw. .•�.. Property in conformance with existing statutory and
_ +i regulatory authority; and the requirements of the City,
Sherburne County (the County) , and the Minnesota Pollution
Control Agency (MPCA) Air Emissions Permit No. 2346-9e3-OT-
(77,7. 1
' '`�`4-'"V''f 4-2, datcd June 27, 1990, ; and in accordance with the
�-„ �;�'�;;;_:..�.4 .= ..'�, authorization and limitations contained in MPCA Solid Waste
Permit No. 74, the current Sherburne County Solid Waste
Landfill License of Elk River Landfill, Inc (ERL) ,
Perm tt a—the current City of Elk River Conditional Use
Permit and License for Elk River Landfill, and this Permit.
Thermal soil treatment operations may be conducted on the
ConTeck Property only in accordance with the plans,
descriptions, and reports incorporated in said permits
including specifically, but without limitation, the
application for air emissions permit and the application
for Conditional Use Permit dated February 5, 1990, and
supplementary information dated April 15 , 1990 and
•
April 17, 1990 .
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El 'd H l9HH 1090b •ON / 00: 11 1 E6 .HH 'b (Ei) NIWIE NVEd0H NIHVI �fO�d
(02) Permittee is also authorized to use an alternative
• thermal treatment facility on the ConTeck Property, subject
to specific approval of an alternative facility by the City
of Elk River. Approval to use an alternate facility will
not be granted unless ConTeck has submitted documentation
that demonstrates that the operation of an alternate
facility will satisfy all of the requirements, terms and
conditions of this permit. The documentation submitted
shall also include a copy of the MPCA Air Quality Division
permit for the alternative facility and a description of
any complaints or enforcement action regarding the
alternate facility, if applicable. Performance evaluation
testing shall be supplied with the documentation. If the
proposed equipment for the alternate facility is
substantially different than the equipment used for the
previously conducted testing, the City reserves the right
to require additional testing as necessary. The City will
require stack testing of the alternative facility to ensure
compliance with Section 2 (03) of this Permit if stack test
results are not provided with the required documentation.
Permittee shall not operate more than one facility at any
one time on the ConTeck property. ConTeck shall reimburse
the City for actual costs and expenses of evaluating and
approving the use of an alternate facility, in an amount
not to exceed $2, 500. 00 .
2 . ) Specific Requirements .
"- -
' (01) Conditions Precedent. This permit is conditioned
,., F�'na upon execution and transmittal to the City of an Agreement
t' ;,:!,:. 3 between ConTeck and ERL setting forth the duties and
t yr-^ ^' responsibilities relating to the responsibilities of ERL
t`'' for the storage of all contaminated and treated soils .
rk °° , ,::'r il This permit is further conditiencd upon confirmation by
' ; Y ConTeck to the City that the "contingency erctien plan" has
,, � contaminatcd soils by ERL.
�':ire
(02) Soil Storage. Until the Facility is fully
__ - __ _ -- -- - ERL is
permitted to store a total of 2064, 000 cubic yards of
contaminated soil .
(03) Air Emission . Particulates emitted by the Facility
and/or an alternate facility are limited to . 1 grain per
dry standard cubic foot for particulates and 20% opacity.
-- - - = - : - - -- _ _ _ _ . _ : - ' - . Any
future MPCA standards more restrictive than those set forth
in this Permit for hydrocarbon or other emissions ere shall
111 be automatically adopted and made part of this Permit .
3 .
0I 'd l9HH l 090b 'ON / 10: l l 06 .HH 'b (f1Hi) NIH RUMOR NIxHV I IIM
City staff may require testing for emissions as necessary,
• but no less than once per year.
(04) Reimbursement for City Aev,iew of Proposal . ConTeck
shall reimburse the City for all reasonable costs incurred
for reviewing and enforcing the terms of this Permit within
30 days of invoice .
(05) Parameters for Contaminates in Soil to be Accepted at
the Facility. This Permit incorporates MPCA standards for
acceptable contaminates in soil . Contaminates prohibited
from being accepted at the ERL according to the Industrial
Waste Management Plan are also prohibited for this
Facility. The Facility and/or alternate facility is
allowed to process only petroleum contaminated soil. Soils
which are contaminated with other materials, including, but
not limited to, chlorinated organics, creosotes or ammonia,
are not allowed to be processed. Prior to the acceptance
of soils, soils shall be tested,— and the results of the
testing copied to City staff,—. with City staff shall
haveing authority to deny for good cause the acceptance of
all contaminated soils .
(06) Testing Schedule for Residues . The residue from any
cyclone separator and the sludge from settling tanks shall
be tested once per week for certain indicator hydrocarbons
and lead. City staff has the discretion to indicate what
types of contaminates are tested for and to modify the
'` '"�E :. testing schedule as deemed appropriate-, and shall have the
": authority to specify an appropriate testing program and
;.,,- --- schedule for an alternate facility. That The minimum
' ``-- " testin for these residues is once every160 hours of
m7 ° operation by the Facility.
z
; };T -° =t (07) pefinition of Treated Soil . City incorporates the
- a;,'i:rs MPCA' s standards to define "treated soil . "
.-i' ,'±,1 ..,•::,7'
,'- r (08) Maximum Size Limit for Stockpile of Treated Soil on
Site. ConTeck may store upto 10, 000 cubic yards of
Y
treated soil with City staff having the discretion to limit
the stockpile to whatever amount is needed to control
fugitive dust (including no stockpile) .
(09) Hours of Operation. The hours of operation are from
7 : 00 a.m. to 5 :30 p.m. on weekdays and 7 : 00 a.m. to
4 : 30 p.m. on Saturdays .
(10) Fugitive Dunt . The City incorporates MPCA' s
standards regarding fugitive dust, and ConTeck' s proposal
(dated February 5, 1990, and supplementary letter dated
April 15, 1990) shall be incorporated into this Permit with
City staff having the discretion to require additional
• measures to control fugitive dust if needed.
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(11) Noise. Standards for noise levels at the property
• lines are those established by the MPCA and incorporated
herein.
(12) Minimum Temperature of the After Burner. The minimum
temperature for the operation of the after burner shall be
as established by MPCA (1400 degrees) . Temperatures shall
be continuously monitored with the results copied to City
staff .
(13) Stack Height . The City reserves the right to require
the stack height for the Facility or an alternate facility
to be raised if odor or emissions become a problem.
(14) Increased Financial Burden to the City. ConTeck
shall pay the City $3 , 000 per year to cover the estimated
additional police time to patrol this area.
(15) •General Provisions . The City reserves the right to
inspect the Facility during normal operating hours . The
City may order the shutdown of the Facility at any time if,
in the discretion of the Building and Zoning Administrator
or his agents, the Facility poses an imminent danger to the
general health, safety and welfare of the public or life or
property. • ConTeck and ERL agree to indemnify and hold
harmless the City for problems caused by this operation.
'14. 1 , ConTeck shall notify the City verbally within 24 hours of
' `��� ,:.-, any violations of this Permit and follow this verbal
, . ,Eq_ notification up in writing within four working days,
:Ii'tl ConTeck agrees that all communications between MPCA and
,,,,�= : , ; ConTeck shall be copied to the City.
r.,
m,; :..� s 3 . ) Site Environmental Monitoring.
,;_'°' �,zf~'`�. (01) Surface water Quality. The Permittee shall have
surface water quality tests performed in conjunction with
� �:; :;....- -�-� sampling quarterly events when water is present for three
(3) consecutive months in any on-site wetland.
(02) Modification. The testing programs specified in this
Section 3 may be modified by the City Council if the City
Council reasonably determines there exists a need for
additional wells or probes to be tested or additional
parameters to be analyzed, based upon water or air quality
test results indicating the presence of contamination.
4 . ) Aust. Noise, and Odor. Fugitive dust emissions off-
site shall be controlled at the soil processing and ERL Site as
necessary by undertaking the following: road and trail
surfaces within the ERL Site shall be wetted with water or an
appropriate delinquiescent chemical whenever off-site dust
levels become unreasonable as determined by the City Building
• and Zoning Administrator. Dust suppressants shall be utilized
to the extent necessary on material and stock piles to reduce
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9 l 'd H I9HH 1090b '011I / GO: l l 85 .HH 'b (f1Hi) HINTS NVN[LOH NIKI I YAIOU
wind erosion as well as on other exposed surfaces as
• appropriate. Plantings of bushes and trees shall be installed
if needed to buffer the Facility and minimize wind erosion.
All equipment and vehicles utilized at the ConTeck Property
shall be periodically inspected and maintained to minimize
noise. Vegetative barriers along the boundaries of the Site
shall be utilized to minimize off-site noise impacts .
Applicable state standards for noise pollution shall not be
exceeded by the operation, equipment, vehicles, or machinery.
5 . ) 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
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) Comprehensive general liability, personal injury, and
property damage:
(a) $1 , 000, 000 per claimant
• S. l::
., .M- (b) $1, 000, 000 per occurrence
"'�-x,•.•:t„SPY. (c) $1, 000, 000 annual aggregate
(We
'� '":'" (02) Automobile and truck public liability, personal
1v,;_,.y,;{� injury, and property damage, including owned and nonowned
,.,, vehicles with a $500, 000 minimum limit .
(03) The City may require additional insurance be provided
by the Permittee if market conditions change such that
additional coverage becomes 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” and 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 .
6 . ) Applicability of Conditional Use Permit . This Permit
shall apply only to the Permittee.
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9l 'd H I9HH 1090b 'ON / 00: l I E6 ,-6E . (f1Hi) NZUflE NVIAIddOH HIXJS"I WOE
7. ) Permit Period. This permit shall be effective only
• from and after the date on which the insurance coverages
required to be provided hereunder have been transmitted to,
reviewed, and accepted by the City. Thereafter, the permit
shall be in force and effect until the ConTeck operations
authorized herein are completed and the Facility is closed in
compliance with the closure plan or two years, whichever occurs
first.
8 . ) Violation of Conditions. If the Permittee violates
any term or condition imposed by this Permit, or any solid
waste facilities license issued for operation of the Facility
or the Landfill, this 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 ConTeck
and the ERL Property is grounds for suspension, revocation or
termination of this 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 .
i' , .,. , 9 . ) Documents Reports. an Maps . Copies of all
•ocuments, reports, and maps which are required to be supplied
,..,,.F to the MPCA or to Sherburne County shall also be supplied to
•P` • '::: the City, at the same time.
pay agrees 10 . ) Charges and Fees. The Permittee to a to the
g
I
� ,. $ City, within 30 days of receipt of invoice, all costs incurred
-i.,; <-s':':f_a;1 by the City in the ongoing administration and enforcement of
%':''I J'•:' andan annual police enforcement reimbursement in
this Permit,
`` ��` .':� the amount of Three Thousand Dollars ($3, 000) .
►4 'moi
11 . ) On-Site Inspection. The City may inspect the 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 Site in case of emergency.
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1 I 'd H I9HH l 090G 'ON / 80: 1 186 .HH 'b (f1Hi) NE IH NVNIddOH NI}IEV'I NOILd
12 . ) 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 Site . ,
13 . ) 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 Workers ' Compensation Act, including all legal requirements
for occupational diseases, or self-insure for the above.
14 . ) 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 .
15 . ) 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 .
i;r71747-74°
_ 16 . ) Amendment. This Permit shall not be considered
dified, altered, changed, or amended in any respect unless in
writing and signed by the City and the Permittee.
, .i •, �� � 17 . ) Conflicts . In any cases in which the Permittee
r;'::'3 :;?ti lieves there is an irreconcilable conflict between the
. *equirements of this Conditional Use Permit and Laws, Rules,
.Y, v Regulations, or Order of any other governmental authority, the
:,:!4 `: -''permittee shall promptly notify the City of such irreconcilable
onflict and request an amendment of this Conditional Use
ermit . 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 Site and shall prevail over the
provisions of any document submitted by the Permit Holder and
any requirements of state or 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.
18 . ) 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 facility places the public health, safety,
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81 'd G 1966 l 0906 'ON / b0: I l E6 :GG 'G (nHi) NilAFIE NV JJOH N I}IEV 110dd
welfare, or the environment in jeopardy. Such information
• includes, but is not limited to the following:
(01) A determination that (other than as indicated in the
permit application) , standards recommend health advisory
levels or intervention levels for air emissions promulgated
as of the date of this Permit or at a late date, by the
Minnesota Pollution Control Agency, or any other
governmental agency promulgating standards for toxic
wastes, hazardous wastes, pollutants, or contaminants.
(02) 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 the facility, whether or not said laws or
regulations apply by their terms to preexisting thermal
treatment facilities. 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 biannual consideration of
renewal of this Permit pursuant to the City Solid Waste
Ordinance. Notice of hearing shall include a statement of
the proposed action by the Ci"eyand the reasons therefore.
Dated:11
ATTEST: Al HE CITY OF ELK RIVER:
771,
•
4; ° .\ By:
Patrick D. Klaers Its: Mayor
CONTECK ENVIRONMENTAL SERVICES
By:
Its:
4
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61 'd G l 9GG 1090b '0N / 90: l 1 E6 .GG 'b (f1H,L) EMS NVIAILOH N I}IEV'I UdO�d
CITY OF ELIC RIVER L 5.k` r T 1
SOLID WASTE FACILITY
• LICENSE AGREEKENT bi;tcd..__-. -�1 -q3
CONTECK ENVIRONMENTAL SERVICES
THIS AGREEMENT, made and entered into this day of
, 1993 , by and between the CITY OF ELK RIVER, a
Minnesota municipal corporation (hereinafter referred to as the
City) , and CONTECK ENVIRONMENTAL SERVICES, INC. , a Minnesota
corporation (hereinafter referred to as the Licensee or ConTeck) ,
provides as follows :
WHEREAS, the Licensee has contracted with Elk River Landfill,
Inc. (ERL) , to operate a thermal soil processing facility (the
Facility) aeon the following-described real properties
(hereinafter referred to as the ConTeck Property) located within
the permitted area of the Elk River Landfill Site (ERL Site)
situated in the City of Elk River:
[LEGAL DESCRIPTION TO BE ADDED]
III
(=;,1 , ;,. ;
r'. ) ;3'. 4+b
/,,, • .:1,\It.:
WHEREAS, the Licensee has made application to the City for
the issuance of a Solid Waste Facility License, pursuant to Elk
River Code of Ordinances Section 604, for the operation of a
facility for the processing and treatment of soils contaminated
with petroleum hydrocarbon on the ConTeck Property, as shown on
the site plan submitted with the application and dated
February 5, 1990; and
•
G .d G l 9GG l 090b .01+I / b9:01 E6 ,GG 'b (fHZ) NITE NVIAIddOH N I}IEV
WHEREAS, the ConTeck Property is located in the Solid Waste
Facility (SWF) zoning district, pursuant to the City of Elk River
• Zoning Ordinances; and
WHEREAS, Licensee ' s operation will be conducted in compliance
with ERL' s Industrial Waste Management Plan and the City of Elk
River' s Solid waste Facilities Ordinance, Sections 604 et . seg. ;
and
WHEREAS , the appropriate and lawful regulation of the use of
land for thermal soil conditioning 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 Facility-; and
WHEREAS, the City Council of the City of Elk River has held a
hearing on the proposed Solid Waste Facility License, at which
hearing all citizens of the City of Elk River and other
interested persons had the opportunity to be heard-.--; and
WHEREAS, the City Council approved a License for the Facility
on July 23, 1990; and
WHEREAS, Licensee has applied for renewal of the License
approved in 1990 and amendment of the License to allow an
alternate thermal soil processing facility to be operated on the
ConTeck Property;
110
NOW, THEREFORE, the City Council of the City of Elk River
grants to the Licensee, ConTeck Environmental Services, Inc. , and
the Licensee accepts , a Solid Waste Facility License for tea
thermal soil treatment operation on the ConTeck Property
subject to the terms, srtd the conditions, and
qualifications set forth hereinafter stated, to wit :
1 . ) ScQe and Conduct of Operations .
(01) The operation of the-a thermal soil treatment facility
(the Facility) may be conducted on the ConTeck Property in
conformance with existing statutory and regulatory authority;
and the requirements of the City, Sherburne County (the
County) , and the-Minnesota Pollution Control Agency (MPCA)
Air Emissions Permit No. 2346-903-OT- 2-; dated June 2-77
1390, and in accordance with the authorization and
limitations contained in MPCA Solid Waste Permit No. 74 , the
current Sherburne County Solid Waste Landfill License of Elk
River Landfill, Inc. (ERL) , Pernittce, the current City of
Elk River Conditional Use Permit and License for Elk River
Landfill, and this License. Thermal soil treatment
operations may be conducted on the ConTeck Property only in
accordance with the plans, descriptions, and reports
incorporated in said permits and licenses including
• specifically, but without limitation, the application for air
/
2 . Yr
E d G I9GG l 090V 'ON / 95 01 06 .GG 'b (f1HZ) NII NVIAIERH NI}IEVI IEEE
emissions permit and the application for Conditional Use
Permit dated February 5, 1990, and supplementary information
. dated April 15, 1990 and April 17, 1990 .
(02) Licensee is also authorized to use an alternative
thermal treatment facility on the ConTeck Property, subject
to specific approval of an alternative facility by the City
of Elk River. Approval to use an alternate facility will not
be granted unless ConTeck has submitted documentation that
demonstrates that the operation of an alternate facility will
satisfy all of the requirements, terms and conditions of this
License. The documentation submitted shall also include a
copy of the MPCA Air Quality Division permit for the
alternative facility and a description of any complaints or
enforcement action regarding the alternate facility, if
applicable. Performance evaluation testing shall be supplied
with the documentation. If the proposed equipment for the
alternate facility is substantially different than the
equipment used for the previously conducted testing, the City
reserves the right to require additional testing as
necessary. The City will require stack testing of the
alternative facility to ensure compliance with Section 2 (03)
of this License if stack test results are not provided with
the required documentation. Licensee shall not operate more
than one facility at any one time on the ConTeck property.
ConTeck shall reimburse the City for actual costs and
expenses of evaluating and approving the use of an alternate
facility, in an amount not to exceed $2, 500.00.
r? 2 . ) specific Requirements .
L.i';,.. ;. '; (01) Conditions Precedent . This License is conditioned upon
`'"'. - '
.-p , execution and transmittal to the City of an Agreement between
.,`
pqwN ConTeck and ERL setting forth the duties and responsibilities
iYg4 relating to the responsibilities of ERL for the storage of
rail
,L�,..,-,� ., all contaminated and treated soils. This LiCensc is farther
- -. -- - - . - - - - - -• - - -
- - - - .. S .
(02) Soil Storage. Until bore Facility is fully eeperational,
tc3ting by the MPGA. If staff is satisfied ttet the Facility
eperete3 appropriately, ERL is permitted to store a total of
2064, 000 cubic yards of contaminated soil .
(03 ) Air Emissions . Particulates emitted by the Facility
and/or an alternate facility are limited to . 1 grain per dry
standard cubic foot for particulates and 20t opacity are—the
- _ - - - . - - __ .1 - z - - - : - ' Any future
MPCA standards more restrictive than those set forth in this
• License for hydrocarbon or other emissions are be
3 .
t 'd -6 19dd 1 0901 'ON / 99: 01 E6 .dd 't (fHs) NIXIE 1TREJOH NDIEV'I IVE
automatically adopted and made part of this License. City
staff may require testing for emissions as necessary, but no
111
less than once per year.
(04) Reimbursement for City Review of Proposal . ConTeck
shall reimburse the City for all reasonable costs incurred
for issuing, reviewing and enforcing this License within 30
days of invoice.
(05) Parameters fox Contaminates in Soil to 12e Accepted at
the Facility. This License incorporates MPCA standards for
acceptable contaminates in soil . Contaminates prohibited
from being accepted at the ERL according to the Industrial
Waste Management Plan are also prohibited for this Facility.
The Facility and/or alternate facility is allowed to process
only petroleum contaminated soil. Soils which are
contaminated with other materials, including, but not limited
to, chlorinated organics, creosotes or ammonia, are not
allowed to be processed. Prior to the acceptance of soils ,
soils shall be tested7 and the results of the testing copied
to City staff,, with City staff shall have+ng authority to
deny for good cause the acceptance of any contaminated soils .
(06) Testing Schedule for Residues . The residue from any
r.y-:, cyclone separator and the sludge from settling tanks shall be
tested once per week for certain indicator hydrocarbons and
lead. Citystaff has the discretion to indicate what types
0 f -;. of contaminates are tested for and to modify the testing
4,7 ,77.../ schedule as deemed appropriate-, and shall have the authority
7z4 ''''J,_' to specify an appropriate testing program and schedule for an
;` "` alternate facility. The minimum testingfor these residues
:,�.. ;,; .. ; is once every 160 hours of operation by the Facility.
i
_ -,i.w.7 , (07) Definition of Treated Soil . City incorporates the
A. ,... MPCA' s standards to define "treated soil . "
(08) Maximum Size Limit for Stockpile of Treated Soil on
Site. ConTeck may store up to 10, 000 cubic yards of treated
soil with City staff having the discretion to limit the
stockpile to whatever amount is needed to control fugitive
dust (including no stockpile) .
(09) Hours of Operation. The hours of operation are from
7 : 00 a.m. to 5 : 30 p.m. on weekdays and 7 : 00 a.m. to 4 :30 p.m.
on Saturdays.
(10) Fugitive Dual. The City incorporates MPCA' s standards
regarding fugitive dust, ,and ConTeck' s proposal (dated
February 5, 1990, and supplementary letter dated April 15,
1990) shall be incorporated into this License with City staff
having the discretion to require additional measures to
control fugitive dust if needed.
•
4 .
9 'd G l9GG l 090b 'ON / 99 : 0l E6 ,GE . (f1Hi) NiW1E NVNEEOH 00IADE
(11) Noise. Standards for noise levels at the property
lines are those established by the MPCA and incorporated
411 herein.
(12) Minimum Temperature of the After__Buxner. The minimum
temperature for the operation of the after burner shall be as
established by MPCA (1400 degrees) . Temperatures shall be
continuously monitored with the results copied to City staff .
(13 ) Stack Height. The City reserves the right to require
the stack height for the Facility or an alternate facility to
be raised if odor or emissions become a problem.
(14) Increased Financial Burden to the City. ConTeck shall
pay the City $3 , 000 per year to cover the estimated
additional police time to patrol this area.
(15) General Provisions . The City reserves the right to
inspect the Facility during normal operating hours . The City
may order the shutdown of the Facility at any time if , in the
discretion of the Building and Zoning Administrator or his
agents , the Facility poses an imminent danger to the general
health, safety and welfare of the public or life or property.
ConTeck and ERL agree to indemnify and hold harmless the City
for problems caused by this operation. ConTeck shall notify
"', -...," the City verbally within 24 hours of any violations of this
_;:mow
License and follow this verbal notification up in writing
within four working days . ConTeck agrees that all
" communications between MPCA and ConTeck shall be copied to
«-'?}r,? 1 the City.
-:-. 0.i,',75. 3 . ) Site Environmental Monitorinc7.
. :'- '., (01) Surface Water Quality. The Licensee shall have surface
'�'�`•'' g.- -- water quality tests performed in conjunction with sampling
' quarterly events when water is present for three (3)
consecutive months in any on-site wetland.
(02) Modification. The testing programs specified in this
License may be modified by the City Council if the City
Council reasonably determines there exists a need for
additional wells or probes to be tested or additional
parameters to be analyzed, based upon water or air quality
test results indicating the presence of contamination.
4 . ) Dust. Noise. and Odor. Fugitive dust emissions off-
site shall be controlled at the soil processing and ERL Site as
necessary by undertaking the following: road and trail surfaces
within the ERL Site shall be wetted with water or an appropriate
delinquiescent chemical whenever off-site dust levels become
unreasonable as determined by the City Building and Zoning
Administrator. Dust suppressants shall be utilized to the extent
necessary on material and stock piles to reduce wind erosion as
illwell as on other exposed surfaces as appropriate. Plantings of
5 .
9 'd H i 9HH 109Ob '0I\1 / 19 : 01 E6 .H. * (11H1) NIXIE I\IVIAIddOH NIVITI HMd
bushes and trees shall be installed if needed to buffer the
Facility and minimize wind erosion.
•
All equipment and vehicles utilized at the ConTeck Property
shall be periodically inspected and maintained to minimize noise.
Vegetative barriers along the boundaries of the Site shall be
utilized to minimize off-site noise impacts . Applicable state
standards for noise pollution shall not be exceeded by the
operation, equipment, vehicles, or machinery.
5 . ) 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 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) Comprehensive general liability, personal injury, and
property damage:
f (a) $1, 000, 000 per claimant
sl'z
0 (b) $1, 000, 000 per occurrence
,,,,,,,r!,71
{' (c) $1, 000, 000 annual aggregate
0. '```� < ; •`'i (02) Automobile and truck public liability, personal injury,
Cr +:',7 47,
„.,;,,.?,r. and property damage, including owned and nonowned vehicles
'` ' with a $500 , 000 minimum limit
i„..t.; } (03) The City may require additional insurance be provided
by the Licensee if market conditions change such that
additional coverage becomes 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" and 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.
6 . ) Applicability of Licensee. This Permit shall apply
only to the Licensee.
7. ) License Period, This License shall be effective only
from and after the date on which the insurance coverages required
to be provided hereunder have been transmitted to, reviewed, and
• accepted by the City. Thereafter, the permit shall be in force
6 .
L 'd H 19HH 1 090G 'OSI / 19 : 0I E0 .HH 'b (IIHZ) NINE NVNLOH NDIHVI IAIOE,
•
and effect until the ConTeck operations authorized herein are
completed and the Facility is closed in compliance with the
• closure plan or two years, whichever occurs first .
8 . ) Violation of Conditions . If the Licensee violates any
term or condition imposed by this License, or any solid waste
facilities license issued for operation of the Facility or the
Landfill, this License 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 ConTeck and the ERL
Property is grounds for suspension, revocation or termination of
this License. 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
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 .
9 . ) Documents. Reports. and Maps . Copies of all documents,
reports, and maps which are required to be supplied to the MPCA
or to Sherburne County shall also be supplied to the City, at the
same time .
10 . ) Charges and Fees . The Licensee agrees to pay to the
�?2 City, within 30 days of receipt of invoice, all costs incurred by
the City in the issuance and ongoing administration and
- -• enforcement of this License, and an annual police enforcement
,, ,..�4 reimbursement in the amount of Three Thousand Dollars ($3, 000) .
"" : M1R 11 . ) On-Site Inspection. The City may inspect the Site for
,,�>;.3:� the purposes of examining and copying nonconfidential records;
1'_,Og conducting inspections, surveys, investigations, monitoring, or
,,o- t, sampling; and otherwise obtaining necessary information
.-..,.r..' -' pertaining to the construction, operation, and environmental
�'�1` ''` 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. Licensee shall
promptly notify the City of the name of an authorized person to
be notified and provide access to the Site in case of emergency.
12 . ) 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 Site.
13 . ) Workers ' 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 Workers '
• Compensation Act, including all legal requirements for
occupational diseases, or self-insure for the above.
7.
E i BGG[00017 'OIC / 8c :O I E6 ,H . (m) NIEIE NVIAILOH NIHV1 NOli
14 . ) 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.
15. ) 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.
16 . ) 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.
17 . ) 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
�: 44 perations at the Site and shall prevail over the provisions of
:' V+ any document submitted by the License Holder and any requirements
ti �,
-
' ,;:_�; ,7� f state or federal law. The City shall not unreasonably refuse
o amend this License or waive compliance with this License in
r..:' -I,
, rder to prevent violation of the law.
,' ; 7,:5.v.' 18 . ) Modification. Suspension. or Revocation of License.
C + � r 'he violation of any of the terms of this License is ground for
4*_al v , uspension or revocation hereof. Furthermore, the City
,e,...; pecifically reserves the right, and the Licensee agrees that
his 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 facility places the public health, safety, welfare, or the
environment in jeopardy. Such information includes, but is not
limited to the following:
(01) A determination that (other than as indicated in the
permit application) , standards recommend health advisory
levels or intervention levels for air emissions promulgated
as of the date of this License or at a late date, by the
Minnesota Pollution Control Agency, or any other governmental
agency promulgating standards for toxic wastes, hazardous
wastes, pollutants, or contaminants .
(02) The City reserves the right to amend this License to
• impose upon the Licensee the obligation to comply with any
8.
6 'd G 19HH 1090b 'ON / 5g:01 E6 .HH 'b (fxi) NZNIIE NVIAIL OH 1\11)1711,0H
•
state or federal law or regulation relating to the operation
of the facility, whether or not said laws or regulations
apply by their terms to preexisting thermal treatment
facilities. 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
biannual consideration of renewal of this License pursuant to
the City Solid Waste Ordinance. Notice of hearing shall
include a statement of the proposed action by the City and
the reasons therefore.
Dated: `�`Jy'\\
6
ATTEST: �;;., t„-,,',, v,iNTH CITY OF ELK RIVER:
By:
Patrick D. Klaers Its: Mayor
CONTECK ENVIRONMENTAL SERVICES
By:
Its :
•
•
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01 'd G I9GG l 090b 'ON / 6c • 0 E6 :GG 'V (f1HZ) Erg NVN JOH NOEi