6 PCSR 12-28-1993 f �\ ITEM 6
It(lkof „, TO: PLANNING COMMISSION
River FROM: STEPHEN ROHLF, BUILDING & ZONING
ADMINISTRATOR
DATE: DECEMBER 28, 1993
SUBJECT: CONDITIONAL USE PERMIT RENEWAL BY
UNITED POWER ASSOCIATION (UPA) /
PUBLIC HEARING, CASE NO. CU 87-02
ISSUE
Renewal of solid waste facility conditional use permit. The
City Council will also act on a license for this facility.
LOCATION
The northwest corner of the intersection of US Highway 169 and
US Highway 10 ( 17845 Highway 10, Elk River) .
ATTACHMENTS
Location Map, Site Plan, Correspondence from UPA dated November
30, 1993, Correspondence from John Lichter, City Environmental
Consultant, dated December 20, 1993, and draft conditional use
permit.
•
BACKGROUND
UPA first made application for a solid waste facility
conditional use permit to burn refuse derived fuel (RDF) in
1986, and gained approval of that permit in 1987 . UPA must
renew their conditional use permit every two years . They are
also required to have a solid waste facility license approved
through the City Council and an air emissions permit by the
Minnesota Pollution Control Agency (MPCA) for the operation of
their plant.
ZONING
The UPA site is zoned Solid Waste Facility (SWF) , which is an
overlay district. The underlying zoning of this site is Light
Industrial ( I1) .
PAST PERFORMANCE
As you can note on the 3rd page of the correspondence from UPA,
the number of exceedences to their emissions standards has
dropped each year they have operated down to 1 exceedence in
1993 . UPA has been very cooperative at identifying the causes
for exceedences and taking corrective action.
• The above mentioned exceedences were on standards that are
continuously monitored at the UPA facility. UPA does complete
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
United Power Association, CUP Page 2
December 28, 1993
• testing, according to their State permit, every 15 months .
This complete testing includes other emissions such as dioxins
and furons . There has been five rounds of testing at the
plant. All five times UPA has been below these standards .
FUTURE PERFORMANCE
The next complete round of testing at the UPA facility is
scheduled for February, 1994 . After that testing event, all
four seasons will have been tested. The significance of
getting a data base on each season is that there can be a
variation in make-up of waste, depending on the time of the
year. This waste variation could affect the efficiency of the
plant ' s pollution control measures .
It appears a new set of "tighter" standards, which are outlined
in John Lichter' s memo, will be finalized by the State in
1994 . However, compliance with these new rules will be phased
in. These new standards will include a standard on the
emission of mercury. Heavy metal emissions, in general, are
controlled by controlling particulate emissions . Mercury is
somewhat the exception to this, because it can be in a gaseous
form. Staff believes this is the rational behind the State
requiring mercury to be the metal that is sampled. Staff is
recommending UPA' s conditional permit is worded such that new
• State standards are automatically incorporated into this
permit, if they are more restrictive.
RECOMMENDATION
Staff has worked closely with UPA and is pleased with their
cooperation. We do not hesitate to recommend approval of a two
year renewal of their conditional use permit with the condition
that new, more restrictive State standards are automatically
incorporated.
111
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UPA
•
United Power Association
P.O. Box 800 • Elk River,MN 55330-0800 • (612)441-3121
November 30, 1993 Our File:8-30-8
Mr. Steven Rohlf
City of Elk River
PO Box 490
13065 Orono Parkway
Elk River,MN 55330
Dear Mr. Rohlf:
Applications are hereby made for renewal of the Solid Waste Facility License and
Conditional Use Permit#87-10 for the Elk River Generating Station (ERS). These
applications are prepared and submitted by United Power Association (UPA) in
accordance with the procedures and requirements of Sections 604.14 and 900.42 of the
Elk River City code.
I. Changes
• There are no changes in the information submitted in the last approved license
application that the City is not already aware of through other regulatory processes
or prior written communication with the City. For example, in May 1992, we
installed a new building for loading ash. This building was issued a building permit
by the City.
II. Solid Waste Burned
During the period November 1, 1991 to October 31, 1993 the ERS burned a total
of 533,651 tons of refuse derived fuel (RDF).
III. Solid Waste to be Burned
UPA projects that ERS will burn 570,000 tons in the two year period of
November 1, 1993 to October 31, 1995. Given the variation in RDF density from
2 to 4 pounds per cubic foot as fired, the expected volume corresponding with the
above-projected weight is 285 million to 570 million cubic feet of RDF.
IV. Property Owners within 350 feet. Attached.
V. Other Information
•
Letter To:Mr.Stephen Rohlf,Building&Zoning Administrator,City of Elk River November 30,1993
Re: ERS Solid Waste Facility License and Conditional User Permit#87-10 Applications renewal
The following additional information may also be of interest.
1111 a. Emissions Testing
The most recent emissions test(stack test) was completed in November of
1992. Results of that testing were reported to the MPCA and to the City
of Elk River. As has been the case with previous emissions testing, ERS
was shown to be well below the established emission standards. Refer to
attached March 9, 1993 letter.
Mercury was the only one of the eight metals tested. There presently are
no emission limitations for mercury or the other metals. However, one is
being proposed for mercury.
The measured emission rate for mercury was approximately 16 times less
than the standard proposed in the current MPCA rule-making. At its
March 15, 1993 meeting, the Elk River City Council waived the
requirement to analyze for the seven other metals in November 1992 with
the understanding that the complete series will be done in the next emission
test in early 1994.
The next emissions test is being planned for February of 1994. As with
prior emission tests, UPA will notify the City of the results. With the
• completion of this planned emission test, we will have completed emissions
testing in all four seasons.
b. Proposed New Municipal Waste Combustor Regulations
The Minnesota Pollution Control Agency (MPCA) is in the process of
promulgating new municipal waste combustor regulations. UPA
anticipates that these regulations will be finalized in 1994 and will then be
making application for re-issuance of the permit. There may be some plant
modifications needed to meet anticipated stricter emission limitations such
as a new sulfur dioxide (SO2)emission limitation. There is no SO2
emission limitation currently in place. However, ERS emits SO2 at a very
low rate relative to the rates of other power plants.
c. The following parameters are limited by the MPCA and are monitored to
demonstrate compliance: particulate matter, PCDD/PCDF, hydrogen
chloride gas (HC1), carbon monoxide (CO), and opacity. ERS continues to
operate well within the established emission limits. However, ERS has
experienced exceedances of HC1 and CO gases especially in the first several
years since beginning commercial operation in August of 1989. Such
occasional exceedances are due to equipment failures and excessive fuel
variability. The numbers of exceedances have been reduced in the last
•
2 of 3
Letter To:Mr.Stephen Rohlf,Building&Zoning Administrator,City of Elk River November 30,1993
Re: ERS Solid Waste Facility l icense and Conditional User Permit#87-10 Applications renewal
several years due to the considerable efforts of the plant operations group
• to meet the strict, technology-based standards.
Numbers of Exceedances
Year HCl CO
1990 22 2
1991 14 9
1992 5 1
1993 C0 �
There have been no exceedances of the emission limitations for the other
parameters.
We are pleased with the environmental and productivity record of ERS.
We continually work to maintain and improve the operation to have a
productive facility which does not result in significant environmental impact
in our community.
d. The addition to our office building is the one significant site activity not
directly associated with the power plant. This activity is proceeding as
planned and permitted. We anticipate completion within the first quarter of
1994.
• As usual, representatives of the City are welcome to inspect our site at any convenient
time.
Please contact us if there is other information we should supply regarding reissuance of
the subject permit and license. Please advise us of the dates of any Planning Commission
or City Council meetings when this information will be discussed.
Sincerely,
UNITED POWER ASSOC TION
J s F. Eggen, Man gel r
Environmental Services
Power Production
JE:pr
Attachments: Conditional Use Permit Application(one pg) List of adjacent property owners
Conditional Use Permit Request(one pg) Site drawing
March 9, 1993 letter to City of ER,w/attachment Check for$75,CUP renewal fee
c:\winword\eggen\fik93\er-city.doc
•
3 of 3
_ _
LIEXH
B.A.LIESCH ASSOCIATES, INC. 13400 15TH AVE.N. MINNEAPOLIS, MN 55441 612/559-1423 FAX:612/559-2202
MEMORANDUM
TO: STEVEN ROHLF - CITY OF ELK RIVER
FROM: JOHN LICHTER - B.A. LIESCH ASSOCIATES, INC.
DATE: DECEMBER 20, 1993
RE: RENEWAL OF UNITED POWER ASSOCIATION CONDITIONAL
USE PERMIT
Based on our recent telephone conversation, I have taken a look at several issues with
regard the Conditional Use Permit renewal request forwarded by United Power
• Association (UPA). The attached table indicates the impact of the new waste combustor
rules on UPA. The regulated items are shown on the right hand column, the second
column indicates the old standards for Class A incinerators which were taken from the
State Register. The new standards shown are in the third column which also came from
the Minnesota State Register. Federal guidelines for large municipal waste combustors
are shown in the last column. These were taken from the Federal Register of February
11, 1991. Significant changes in emission standards include a drop in the carbon
monoxide standards from 400 parts per million to 200 parts per million, opacity from
20% to 10%, the addition of a mercury standard of 30 micrograms per dry standard cubic
meter or 85% removal and lowering of acid gas emissions on a parts per million basis.
Comprehensive emissions testing has been accomplished by UPA on five separate
occasions, in November 1989, March and May of 1990, August of 1991 , and in
November of 1992. Another round of testing is scheduled for early 1994. At the
completion of that test, all four seasons will have been tested by UPA.
The second table enclosed illustrates RDF burned by UPA by month. The existing permit
allows for 1 ,050 tons per day burned as a monthly average. In no case is this standard
been exceeded.
• Our analysis of all of the emissions data collected by date by UPA indicates compliance
with all applicable standards at this time and likely compliance with all new standards
proposed by the State and the Federal Government.
• Page 2
December 20, 1993
Steve, if you have any questions, please call me. I will forward a memorandum
concerning the issues regarding the NSP request under separate cover.
maw:ENV/49004/memo122093.wp
•
•
B.A. LIESCH ASSOCIATES, INC. 13400 15TH AVENUE NORTH MINNEAPOLIS. MINNESOTA 55441
UPA
410
Unit 1 - 176 x 106 BTU/hr.
Unit 2 - 176 x 106 BTU/hr.
Unit 3 - 281 x 106 BTU/hr.
Total = 633 x 106 BTU/hr.
Permit issued 11/25/86 - would be regulated as Class A under the new MPCA rules.
Regulated Items Class A' Old Class A New Existing Plant"
Standards Standards Federal Guidelines
PM
Front half -- 0.015 gr/dscf
Total 0.02 gr/dscf 0.020 gr/dscf 69 mg/dscm
PCDD/PCDF
Total -- 30 ng/dscm 60 ng/dscm
2,378 TCDD 3 ng/dscm --
equivalent
• Acid gases
HCL 90% or 50 ppm 90% or 25 ppm 50% or 25 ppmv
SO2 -- 70% or 30 ppm 50% or 30 ppmv
Carbon Monoxides
(RDF) 400 ppm 200 ppm 200 ppmv
Opacity 20% 10% 10%
Hg (RDF) --
(short-term) 50 ug/dscm or measured as PM
85%
(long-term) 90 day 30 ug/dscm or
test 85%
15 month test 30 ug/dscm
'State Register
2Federal Register, p. 5516 2/11/91.
3Assumes UPA plant is in the large MWC plant category.
maw:ENV/49004/UPAtb1.wp
•
• UPA
Month RDF Burned - ave (tons/day)
9/93 890
8/93 892
7/93 921
6/93 955
5/93 650
4/93 695
3/93 817
2/93 788
1/93 628
12/92 817
• 11/92 843
10/92 727
9/92 762
8/92 693
7/92 532
6/92 651
5/92 606
4/92 543
3/92 738
2/92 679
1/92 747
maw:ENV/49004/UPAtb12.wp
S
EXHIBIT B
• AMENDED CONDITIONAL USE PERMIT NO. 87-10
For
United Power Association Waste Burning Facility
This Amended Conditional Use Permit No. 87-10 was approved
by the City Council of the City of Elk River on February 9 ,
1987, and amended by the City of Elk River on December 17,
1990, January 27, 1992, and January 18 , 1994, subject to the
following terms:
1 . This Amended Conditional Use Permit No. 87-10 (the
Permit) is for the construction and operation of the
United Power Association Waste Burning Facility as
described in the Draft and Final Environmental Impact
Statements for the Anoka County Refuse Derived Fuel
Resource Recovery Facility dated April 1986 and July
1986; and as described in the Combined Air and Solid
Waste Permit No. 147A-86-OT-1 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 and System, No. SW-305, issued by the
Minnesota Pollution Control Agency (MPCA) ; and as
• described in (1) "Response to RDF Information Sheet
Issued by the Concerned Citizens Against the Proposed
Garbage Project, " transmitted to the City by
correspondence dated July 24 , 1986; and (2) "Responses
to the City of Elk River Concerns" transmitted to
Mayor Richard Hinkle on August 19 , 1986; and (3)
correspondence from permittee to Mayor Richard Hinkle
dated October 13 , 1986; and as described in the
application of United Power Association (Permittee)
for a Solid Waste Facility License to permit the
operation of a Waste Burning Facility (the Facility) ;
and in the November 30, 1989, November 13, 1991, and
November 30, 1993 , applications of Permittee for
renewal of the Conditional Use Permit and Solid Waste
Facility License for the Facility; and as further
described in correspondence from permittee to the
City' s consultant, John Klovning of Cedar Corporation,
dated January 23, 1987, and in correspondence from
Permittee to the City dated March 22 , 1990, July 6,
1990, and November 20, 1991; all of which have been
provided to the City in support of the application for
this Conditional Use Permit and collectively describe
the Waste Burning Facility authorized by this Permit.
Construction or operation in violation of any of the
material statements of fact, factual information, or
representations in the referenced documents shall be
• deemed to be a violation of this Permit and all such
documents are considered to be and are hereby made a
part of this Permit .
2 . Building construction, driveways, parking, grading,
• utilities, surface water management, erosion control,
landscaping, fencing, and screening for the Facility
shall be provided substantially in accordance with the
plans submitted by the Permittee and hereby made a
part of this Permit.
3 . All utility and street construction plans and
specifications as presented by the Permittee for the
Facility and servicing streets must be prepared by a
Registered Civil Engineer in accordance with
directions of and as approved by the City Engineer.
4 . All building plans and specifications must be approved
by the City Building Inspector and Fire Chief .
5 . Approval of driveway entrances or exits, if needed, on
State and County highways shall be secured from the
appropriate agencies and filed with the City Zoning
Administrator prior to issuance of any building
permit.
6 . The City shall have the right of access to the
Facility and site. The City need not give prior
notice to the Permittee for designated personnel to
access the Facility or 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 Permittee is
required. Such access shall be in accordance with the
Permittee ' s safety standards and proprietary
information requirements, and shall not interfere with
the Permittee ' s ability to perform its contractual
obligations .
7 . All employee or visitor motor vehicles associated with
Facility operation shall be parked on Facility
property or on adjacent property owned by the
Permittee, but not on adjacent lands not owned by
Permittee or on adjacent streets . Adequate facilities
must be provided to ensure that no vehicle delivering
RDF to 'the Facility will have to wait outside the
perimeter of the Facility site.
8 . The City shall be notified by the Permittee
immediately upon the release or spill of hazardous
materials at the Facility; and of any violations of
the conditions of the Permit, Air Emission Facility
Permit No. 147A-86-OT- 1, or Permit for a Waste
Processing Facility and System, No. SW-305 .
9 . This Permit authorizes burning at the Facility of up
to 1, 050 tons per day of RDF as a monthly average .
2 .
Mk
10 . All RDF and Ash-hauling truck traffic must enter the
411 Facility site directly from Highway 10, Highway 169 ,
or UPA Drive; and must exit the Facility directly onto
Highway, 169 . RDF hauling trucks shall not enter or
exit the Facility during the hours of 4 : 00 p.m. to
6 : 30 p.m. any day. All ash or other haul trucks
leaving the Facility shall be securely covered so that
no ash, or other particulate matter may escape .
11 . Final plans and specifications for the Facility must
be reviewed and approved by City staff and/or
consultants prior to the issuance of a building permit
for the Facility.
12 . No RDF or Ash trucks may be washed at the Facility.
13 . RDF receiving and handling areas in the Facility shall
be fully enclosed to control odor and noise and
sprinkled. The doors to the RDF receiving building
shall remain closed at all times, except when trucks
are entering or leaving, and RDF shall be moved from
the receiving building to the burners as quickly as
possible to control odors. If, in the judgment of
City staff, odors migrating off the facility site
continue to be unacceptable, staff may direct
Permittee to deodorize. City staff may also direct
• Permittee to take such steps as may be necessary to
control noise emanating from the Facility, including
placement of mufflers on exhaust vents and stacks .
14 . The Facility shall undertake no burning of RDF until
all appropriate items in this Permit and the building
permit are completed and finally inspected by the City
of Elk River Zoning Administrator and a written
certificate of occupancy has been issued.
15 . The Permittee shall engage in a regular and routine
litter maintenance and removal program extending to
areas on and off the Facility site adversely impacted
by debris related to Facility operations, as may be
determined by the City.
16 . The Permittee shall reimburse the City for any and all
expenses associated with Facility-related improvements
to any city streets used by vehicles transporting RDF
or Ash which serve as primary access to the Facility.
The Permittee shall also reimburse the City for all
patching and repair expenses in excess of the City' s
normal street maintenance program for such streets .
17 . No exterior storage of RDF or Ash shall be allowed.
RDF which is burning or smoldering when it arrives at
• the Facility may be temporarily deposited outside, in
an area approved by City staff, for the purpose of
3 .
putting out the fire. The designated fire fighting
area shall be hard surfaced and diked if there is
evidence of fire suppression water runoff to unpaved
drainage areas .
18 . The Permittee represents and warrants to the City that
the Facility shall at all times comply with the
performance standards descriptions and representations
made in the Permittee ' s application for a Solid Waste
Facility License to permit the operation of a Waste
Burning Facility and in the correspondence from
permittee to John Klovning dated January 23 , 1987, and
with all applicable city, county, state, and federal
laws and regulations, including without limitation,
environmental laws and regulations .
19 . The establishment and operation of the facility shall
at all times fully comply with the terms and
requirements of this Permit and with the terms ,
requirements and conditions of Section 604 of the City
Code and the Solid Waste Facility License issued by
the City for the Facility, including any requirements
and conditions of said Section 604 and/or said license
which are not specifically set forth in this Permit .
20 . All Ash shall be permanently transported out of the
• City except that portion, if any, which is
attributable to solid waste provided to the Facility
by Sherburne County, unless otherwise approved by the
City and Sherburne County. Ash and residue disposal
shall strictly comply with the requirements of
Section 604 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
liner and leachate collection system adequate to
collect all leachate which may be generated at the
Site.
21 . Responsibility for Costs :
A. The Permittee shall pay all direct costs incurred
by it or the City in conjunction with the
application for this Permit and the development ,
operation, and regulation of the Facility,
including without limitation legal, planning,
consulting, engineering, and inspection expenses
(including a reasonable charge for City staff
time) incurred in connection with approval of the
411 Facility, the preparation of this Permit, and all
costs and expenses incurred by the City in
4 .
monitoring and inspecting the construction and
• operation of the Facility, except those costs and
expenses normally covered by the building permit
fee.
B. The Permittee 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 Facility approval,
construction, and operation. The Permittee 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
question is determined by a court with
jurisdiction over the matter to have been caused
solely by the wilful conduct or negligence of the
City, its officers or employees . 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 Permittee 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 Permittee 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 Permittee 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
Permittee, from any strict liability imposed upon
the City pursuant to Minn. Stat . § 1153. 01, gt
sea. for the release of hazardous waste at the
Facility 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 Permittee
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 Facility. The indemnities
provided in this paragraph B are subject to the
• limits of liability set forth in Minnesota
Statutes Section 466 . 04 and 466 . 06, as amended
5 .
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.
C. The Permittee 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 Permit.
D. The Permittee shall reimburse the City for all
costs incurred in enforcement of this Permit,
including consultant and attorneys ' fees .
Failure by Permittee to reimburse City within
forty-five (45) days of receiving an invoice for
any costs for which reimbursement is required by
the terms of this License or the Conditional Use
Permit or the License for the Facility, shall be
cause for revocation of this Permit.
22 . Miscellaneous:
A. This Permit and its conditions shall be binding
upon the Permittee and its successors and
assigns. The assignment by the Permittee of its
interest in the Facility shall not relieve it of
•
responsibility and liability under this Permit
without the written consent of the City, which
consent shall not be unreasonably withheld.
B. Violation of the terms of this Permit or of MPCA
Permit No. SW-305 or Air Emission Facility Permit
No. 147A-86-OT-1 by the Permittee shall entitle
the City to any and all remedies available at law
or in equity. If the City determines that such
violation results in a clear and imminent danger
to the health and safety of the City' s residents,
the City' s remedies shall include immediate
cessation of operation or construction, or both,
without the necessity of a judicial order in
advance of the same. In all other instances, the
immediate cessation remedy shall be preceded by a
hearing as provided by City ordinance .
C. If any portion, section, subsection, sentence,
clause, paragraph, or phrase of this Permit is
for any reason held invalid, such decision shall
not effect the validity of the remaining portions
of the Permit.
D. The action or inaction of the City shall not
• constitute a waiver or amendment to the
provisions of this Permit. To be binding,
6 .
amendments or waivers shall be in writing, signed
• by the Permittee, and approved by written
resolution of the City Council . The City' s
failure to promptly take legal action to enforce
this Permit shall not be a waiver or release.
23 . Notices: Required notice to the Permittee shall be in
writing, and shall be either hand delivered to the
Permittee, its employees or agents, or mailed to the
Permittee by certified or registered mail at the
following address :
United Power Association
ATTN: General Manager
17845 U.S. Highway 10
Elk River, Minnesota 55330-0800
Notice to the City shall be in writing, and shall be
either hand delivered to the City Administrator, or
mailed to the City by certified or registered mail in
care of the City Administrator at the following
address:
City of Elk River
City Hall
Elk River, Minnesota 55330
• Attention: City Administrator
24 . Biennial Review: The terms and conditions of this
Permit and compliance by the Permittee shall be
subject to review by the City every two (2) years from
the original date of approval, February 9 , 1987 . The
City reserves the right to revoke, amend, or impose
additional conditions on the Facility or the Permittee
at such time taking into account the advancement of
scientific knowledge relative to the health effects of
the Facility, the Permittees degree of compliance
with current Permit conditions, and the criteria and
standards of the City Code and Minnesota law.
The undersigned, on behalf of the Permittee, represents and
binds Permittee to the terms of this Permit, having fully
examined this Permit and all materials referred to herein and
agrees to all the conditions set forth. Each person signing
below on behalf of the Permittee does so upon the authority of
the Board of Directors of the Permittee, and a resolution
documenting such authority is attached hereto. This approval
shall expire two years from the date of City Council approval
unless the proposed work described herein has been
substantially completed or unless extended as provided in the
City Code. In no case shall the Facility be used for the uses
•
7 .
designated in the Permit until all of the conditions have been
met by the Permittee and are inspected by the City.
PERMITTEE:
UNITED POWER ASSOCIATION
By:
Its:
STATE OF MINNESOTA
SB.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 1993 , by , the
of United Power Association, a Minnesota
corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT ,WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
• 7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(PKB)
i
PKB:BA6 8.