5.1 ITEM # 5.1.
Memorandum
Oity of
Elk/ TO: PLANNING COMMISSION
River
FROM: STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: NOVEMBER 23, 1999
SUBJECT: RENEWAL OF CONDITIONAL USE
PERMIT TO OPERATE A SOLID
WASTE FACILITY BY NRG/P.H.
CASE # CU 99-33
Request
NRG is requesting approval for the renewal of their conditional use permit and solid
waste license to operate a Refuse Derived Fuel Plant(RDF). Whereas, the Planning
Commission reviews conditional use permit renewals, they typically do not review
licenses. However, the Council has always encouraged and considered their comments
regarding solid waste licenses. The same issues are addressed in both the license and
conditional use permit.
• Attachments
The Solid Waste Facility License and Conditional Use Permit for the NRG RDF plant are
included with this memo. Language proposed to be deleted has been underlined and
language proposed to be added is in bold type. These documents contain the legal
description for the affected property. There is also a vicinity map attached to the memo.
Background
The original permits for this facility were approved on December 1, 1986. The attached
conditional use permit and solid waste license contain a history of the renewal dates for
these permits, which were every two years. Since the city's issues with the plant were
worked out over time and the renewals were becoming somewhat routine, the period
between renewals was lengthened to every four years in 1995.
Review
Staff and NRG have been working together on an ongoing basis to resolve environmental
issues at this facility. Issues like avoiding the release of fire suppression water to the
groundwater and eliminating illegal waste from being delivered to the plant. Our efforts
have been greatly successful.
Hours
The changes to NRG's permits proposed with this renewal are basically
• housekeeping, with the exception of the hours of operation as they relate to traffic.
Currently, Municipal Solid Waste (MSW) may be delivered to the RDF plant
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612)441-7420 • Fax: (612) 441-7425
• from of 6:00 a.m. and 6:00 p.m. In addition, MSW can be delivered to the plant
from the Hennepin County Transfer Station in Brooklyn Park from 6:00 a.m. to
9:00 p.m. RDF from NRG's facility is allowed to be delivered to Great River
Energy's (GRE)power plant around the clock, with the exception of the hours of
4:00 p.m. to 6:30 p.m. to avoid rush hour traffic.
MSW Delivery
NRG is proposing to remove the restrictions on the delivery of MSW to their
facility. For the most part staff(including the Police Chief and City Engineer) is
in agreement. The current hours allow delivery of MSW during rush hour now.
Extending the MSW delivery hours at the RDF plant will help spread the traffic
out. The garbage haulers tend to avoid peak traffic times at the plant on their
own. If noise becomes an issue, there is language in the CUP to address it.
RDF Delivery
Staff is proposing that NRG be allowed to deliver RDF to GRE anytime with the
exception of 4:00 p.m. to 6:30 p.m. on Fridays and the day prior to a holiday
weekend. Again,NRG can not currently deliver RDF to GRE any day between
4:00 p.m. and 6:30 p.m. However, it is vital that GRE is kept in fuel and staff has
had to make numerous exceptions for RDF delivery during this time period. With
the exception of Fridays and holiday weekends, staff feels one or two extra
• vehicles on the road at any given time is not a major issue.
Routes
In the next couple of years, MnDOT is proposing to rebuild the older section of
the 101/169 bridge over the Mississippi River. It is estimated that the proposed
project will take approximately 18 months to finish. The intersection of
Highways 10 and 169 will be far more congested when this happens. New
language in Section 10 of NRG's solid waste license allows staff to direct NRG's
RDF traffic away from the intersection of Highways 10 and 169, if need be during
this bridge construction or other road work. A possible alternative route is the
new north/south Tyler Street to County Road#12 and then south on Highway 169
to GRE.
Recommendation
NRG has worked closely with staff over the past ten years to make their facility as safe as
possible. Staff is recommending approval of the renewal of NRG's conditional use
permit and solid waste license with the proposed changes.
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AMENDED CONDITIONAL USE PERMIT NO. 86-86
For
Northern States Power Company NRG
Refuse Derived Fuel Resource Recovery Facility
This Amended Conditional Use Permit No. 86-86 was approved by the
City Council of the City of Elk River on December 1, 1986, and amended by
the City of Elk River on December 17, 1990, January 27, 1992,
January 18, 1994, January 15, 1996, and December 20, 1999, subject to
the following terms:
• 1. This Conditional Use Permit No. 86-86 (the Permit) is for the
construction and operation, on property legally described as
follows:
The Southwest one-quarter of the Southeast one-quarter
(SW 1/4 of the SE 1/4) of Section 11, Township 32, Range 26,
Sherburne County, Minnesota, according to the Government
Land Survey, except the South 468 feet of the West 495
thereof, subject to highway easement of record (the Site),
of the Anoka County Refuse Derived Fuel Resource Recovery
Facility as described in the Draft and Final Environmental Impact
Statements for The Facility dated April 1986 and July 1986; and as
described in the Combined Air and Solid Waste Permit No. 147A-
86-OT-1 1410000-0003 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
s:\b&z\stever\exhibita.doc 1
of Elk River Concerns" transmitted to Mayor Richard Hinkle on
August 19, 1986; and (3) correspondence from the Permittee to
Mayor Richard Hinkle dated October 13, 1986, and as further
described in Permittee's November 28, 1989, application for
renewal of conditional us permit and Permittee's correspondence of
April 2, 1990, April 17, 1990, July 2, 1990, August 3, 1990, and
September 6, 1990, to the City; in Permittee's November 20, 1991,
application for renewal of the Conditional Use Permit; in Permitee's
February 1, 1993, application for renewal of the Conditional Use
Permit; in Permitee's November 8, 1995, application for renewal of
the Conditional Use Permit; and in Permitee's November 2, 1999,
application for renewal of the Conditional Use Permit; all of which
have been provided to the City by the Permittee in support of the
application for this Amended Conditional Use Permit and
collectively describe the Facility authorized by the Permit. The
Facility consists of three (3) integrated components located in the
City: (1) A facility for receiving municipal solid waste and
processing it into refuse-derived fuel (Processing Facility); and (3)
The movement of vehicles transporting municipal solid waste
(MSW), refuse-derived fuel (RDF), rejected municipal solid waste
(Rejects), and incineration residue (Residue). So long as RDF is
incinerated in the City, the conditions of this Permit which relate to
the Burn Facility and Residue shall be in full force and effect. •
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 the
Permit and all such documents are considered to be and are hereby
made a part of the Permit.
2. Building construction, driveways, parking, grading, utilities,
surface water management, erosion control, landscaping, fencing,
and screening for the Processing Facility shall be provided
substantially in accordance with the plans submitted by Northern
States Power Company with the original application of a
conditional use permit and the November 28, 1989 application for
renewal of conditional use permit, which are herby made a part of
this Permit. In addition, these plans shall be further revised to
provide a hard surfaced, diked area to drop hot loads of processed
RDF so that they can be put out and fire suppression water
retained; and to further provide that all areas on the facility site
are either hard surfaced parking and drive areas, pea rock or
asphalt shavings for equipment storage, or landscaped areas with
grass. There shall be no gravel or dirt areas on the facility site.
The revised plans shall be submitted by December 31, 1990, and all
improvements installed by September 30, 1991. •
s:\b&z\stever\exhibita.doc 2
3. All utility and street construction plans and specifications as
presented by Northern States Power Company for the Facility and
servicing streets must be prepared by a Registered Civil Engineer
in accordance with directions of and 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, 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. Street lighting and acceleration and deceleration
lanes for Highway 10 at the intersection of 165th Street Avenue
and Highway 10 shall be installed by City to provide safe access to
Highway 10 for trucks entering and leaving the Facility. Failure by
Permittee to reimburse the City for the installation of said
improvements within thirty (30) days of receiving an invoice for all
or any part of said improvements shall be cause for revocation of
this Permit
6. The City shall have the right of access to all areas of the Processing
Facility and site for the purpose of inspection to ensure compliance
with all of the terms and conditions of this permit and the Solid
Waste Facility License for the Facility. The City need not give prior
notice to the Permittee for personnel to access the Processing
Facility or site during the normal waste receiving hours of 6 a.m. to
6 p.m., Monday through Saturday, or if an explosion or other
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 reasonable safety standards and reasonable
proprietary information requirements.
Alternatively, the City may, in its discretion, upon thirty (30) days
notice to Permittee, to further ensure compliance with the
restrictions in this Conditional Use Permit and in Section 604 of the
City Code of Ordinances on the handling and processing of
hazardous and dangerous waste, and to protect the public health,
safety, and general welfare of the citizens of Elk River, place full-
time City inspectors at the Facility twenty-four (24) hours a day.
These inspectors shall have the right of access to all areas of the
Facility, twenty-four (24) hours a day, for the purposes of inspection
to ensure compliance with all of the terms and conditions of this
Conditional Use Permit, the license for the Facility, and Section 604
of the City Code. The on-site City inspector shall have the right, at
any time, to take one or more of the following actions:
•
s:\b&z\stever\exhibita.doc 3
A. Order a load of MSW inspected, pursuant to the procedures set
111
forth in the license for the Facility;
B. Order the Facility cleaned, if a violation of the dust control plan
for the Facility is observed; or
C. Order the Facility shut down if necessary to bring it into
compliance with the dust control plan or any other term or
condition of this Conditional Use Permit, the license for the
Facility, or Section 604 of the City Code.
7. All employee or visitor motor vehicles associated with Facility
operation shall be parked on Facility property, and not on adjacent
lands not owned by Permittee or on adjacent streets. Adequate
facilities must be provided to ensure that no vehicle desiring entry
into the Processing Facility during permitted receiving hours will
have to way outside the perimeter of the Processing Facility site.
8. The City shall be notified by the Permittee immediately upon the
occurrence of any explosion, fire, or other emergency at the Facility;
upon the discovery, release or spill of hazardous or dangerous
materials, as defined in the City of Elk River Solid Waste
Ordinance, at the Facility; and of any violations of the conditions of
the Permit, Air Emission Facility Permit No. 147A-86-OT-1
1410000-0003 or Permit for a Waste Processing Facility and
System, No. SW-305. The specific requirements for how, when and •
who to notify at the City shall be set forth in a separate letter from
City Staff to Permittee. This letter may be revised or supplemented
by City staff from time to time as necessary to address the City's
needs for notification.
9. This Permit authorizes an average annual throughput of one
thousand five hundred twenty-six (1,526) tons per day of MSW.
10. All MSW, RDF, Reject or Residue-hauling truck traffic entering or
exiting the Processing Facility or the Burn Facility shall use only
those highways and streets as allowed in writing by the City
Council, avoiding the use of Main Street and residential streets, if
at all possible. Truck traffic originating in the City may use other
public streets.
11. The Facility may operate twenty-four (24) hours a day. However,
the City reserves the right to restrict the hours of operation of the
Facility to normal business hours of noise emanating from the
Facility to surrounding residential properties is unacceptable.
Hours of Receiving and transporting MSW and rejects at the
Processing Facility may take place twenty-four (24) hours a
day, shall be limited to 6:00 a.m. to 9:00 p.m., Monday through
Saturday, provided that from 6:00 p.m. to 9:00 p.m. the Facility
may only receive MSW from the Hennepin County transfer station
•
s:\b&z\stever\exhibita.doc 4
in Brooklyn Park. However, the City reserves the right to restrict
further the hours of receiving and transporting MSW at the
processing facility if necessary to protect the public health, safety,
and welfare. Rejects may be transported during the hours of 4 a.m.
to 8 p.m. Monday through Saturday, and during the hours from 9
a.m. to 2 p.m. on Sundays, provided that hauling of rejects on
Sundays shall be limited to Highway 10 east of the intersection of
Highway 10 and Highway 169 and Highways 169 and 101. RDF
may be transported twenty-four (24) hours a day, but not to
GRE from 4:00 p.m. to 6:30 p.m. on Fridays and the day prior
to a holiday weekend outside those hours, but not to UPA during
the hours of 4:00 p.m. to 6:30 p.m. on any day. Permittee, in
cooperation with the City Council, shall designate one (1) night of
the Monday-Friday week when individual citizens may enter and
exit the Facility until 8:00 p.m.
12. At the Processing Facility, all truck and Processing Facility wash
water shall be diverted and captured in a retention tank so that it
does not enter the groundwater system.
13. The processing Facility shall be enclosed by a minimum six-foot and
no more that eight-foot high chain link fence.
14. The Processing Facility shall undertake no processing of MSW until
all appropriate items in the 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. Permittee shall test storm water run-off captured in the on-site
retention/detention pond, and shall provide written reports on these
test results to the City, as provided in the rain water run-off
sampling plan submitted by Permittee. If the required tests
indicate water quality problems in rain water run-off, Permittee
shall submit to the City for approval a plan for addressing such
problems and shall implement such solutions as are required by
City.
16. The Permittee shall engage in a regular and routine litter
maintenance and removal program extending (a) one-half mile east
of the Processing Facility entrance on 165th Street Avenue
Northwest, (b) southeast on Highway 10 from the intersection of
165th Street Avenue Northwest with Highway 10 to the eastern
city limits, (c) northwest on Highway 10 from said intersection to
the intersection of Highway 10 and Highway 169, and (d) any other
areas adversely impacted by debris related to Facility operations as
may be determined by the City. Litter shall be removed from these
areas no less than once per week, and more often if necessary
because of spills or complaints from neighboring property owners,
s:\b&z\stever\exhibita.doc 5
to ensure that these areas are kept free of litter generated by truck
•
traffic traveling to and from the Facility. In addition, Permittee
shall inspect all trucks leaving the plant to ensure that they are
either fully enclosed or covered, and/or clean, and will not spread
litter on surrounding streets and roadways as they leave.
17. The Permittee shall immediately pay to reimburse the City for any
and all expenses associated with initial Processing Facility-related
improvements on 165th Street Avenue from the Processing Facility
entrance to the intersection with Highway 10, and on any other city
streets used by vehicles transporting RDF or Residue which may
serve as primary access for the Burn Facility. For the foregoing
street, the Permittee shall also reimburse the City for all patching
and repair expenses in excess of the City's normal street
maintenance program. Permittee shall also reimburse the City for
any and all expenses associated with installation of the acceleration
and decelerations and lighting at the intersection of highway 10
and 165th Street Avenue.
18. No exterior storage of MSW, RDF, Rejects or Residue shall be
allowed, except in enclosed trailers or trucks.
19. The Permittee represents and warrants to the City that the Facility
shall at all times comply with all applicable city, county, state, and
federal laws and regulations, including without limitation,
environmental laws and regulations. •
20. All Mixed Municipal Solid Waste not burned, including unburned
RDF, RDF process Rejects and RDF Residues, shall be disposed of
in strict compliance with the requirements of Section 604 of the
City Code and Chapter 7035 of Minnesota Rules.
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
development 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 Facility, the preparation of this
Permit, and all costs and expenses incurred by the City in
monitoring and inspecting the construction 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
•
s:\b&z\stever\exhibita.doc 6
indemnify the City, its officers, and employees for all costs,
damages, or expenses which the City any pay or incur in
consequence of such claims, including attorneys' fees. The
aforesaid defense, indemnity, and hold harmless provisions shall
not be in effect from and after the date that the occurrence
giving rise to the claim in questions is determined by a court
with jurisdiction over the matter to have been caused solely by
the willful conduct or negligence of the City, Its officers or
employees. 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. 115B.01, et seq. 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 or any variance
associated with the height of the proposed Processing Facility
and the inability of the City to properly respond to fire calls at
the Processing Facility due to the limitations of its equipment or
personnel, but shall not include willful and unjustified failure to
respond to fire calls at the Processing Facility. The indemnities
provided in the paragraph B are subject to the limits of liability
set forth in Minnesota Statutes Sections 466.04 and 466.06, as
amended from time to time, if effective as to the particular
indemnified action or claim. Nothing in this Permit is intended
to waive the immunities to which the City is entitled by law.
C. The Permittee waives and releases the City from all claims,
direct or indirect, arising or claimed to have arisen out of all
410
s:\b&z\stever\exhibita.doc 7
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 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 each of the
Permittes, jointly and severally, referred to collectively in this
Permit in the singular as Permittee, and the successors and
assigns of any one of them. The assignment by any 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 1410000-
0003 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 tot eh
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 judicial order. A revocation or
suspension of this Permit shall be only as to the violating
component of the Facility, not as to the components not in
violation.
C. If any portion, section subsection, sentence, clause, paragraph,
or phrase of this Permit is for any reason held invalid, such
decision shall not affect 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,
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.
s:\b&z\stever\exhibita.doc 8
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 addresses:
Elk River Resource Recovery Facility
10700 165th Avenue N.W.
Elk River MN 55330
Attention: Plant Superintendent Plant Manager
United Power Association
ATTN: General Manager Manager, Elk River Station
17845 U.S. Highway 10
Elk River MN 55330-0800
Notice to the City shall be in writing, and shall be either hand delivered to
the City Administrator Building and Zoning Administrator, or mailed to
the City by certified or
registered mail in care of the City Administrator Building and Zoning
Administrator at the following address:
• City of Elk River
City Hall 13065 Orono Parkway NW PO Box 490
Elk River MN 55330
Attention: City Administrator
Building and Zoning Administrator
24. Review: The terms and conditions of this Permit and compliance by
the Permittee shall be subject to review by the City every four (4)
years from the date of the prior renewal. 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 Permittee's 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 respective Permittees, jointly and
severally, represent and bind their respective Permittees to the terms of
this Permit, having fully examined this Permit and all materials referred
• to herein and agree to all the conditions set forth. Each person signing
s:\b&z\stever\exhibita.doc 9
below on behalf of a Permittee does so upon the authority is attached
hereto. This approval shall expire two years from the date of City Council
approval unless the proposed work described herein has not been
substantially completed or unless extended as provided in Section 900.42
of the City Code. In no case shall the Facility be used for the uses
designated in the Permit until all of the conditions have been met by the
Permittee and are inspected by the City.
PERMITTEE:
NORTHERN STATES POWER COMPANY
NRG
Dated: By:
Its: •
STATE OF MINNESOTA )
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day
of , 1999, by
the of NRG, a Minnesota corporation, on behalf of
the corporation.
Drafted by: Building and Zoning Department
City of Elk River
s:\b&z\stever\exhibita.doc 10
0 CITY OF ELK RIVER
SOLID WASTE FACILITY LICENSE
NORTHERN STATES POWER COMPANY NRG
WASTE PROCESSING FACILITY
This Solid Waste Facility License (the License) is hereby issued by the
City of Elk River (the City), pursuant to Section 604 (the Solid Waste
Facilities Ordinance) of the City of Elk River Code of Ordinances (the City
Code) to Northern States Power Company NRG (Licensee) for the
establishment and operation of a Waste Processing Facility (the Facility)
upon the property legally described as:
The Southwest one-quarter of the Southeast one-quarter (SW1/4 of the
SE1/4) of Section 11, Township 32, Range 26, according to Government Land
Survey, except the South 468 feet of the West 495 feet thereof, subject to
highway easement of record (the Site).
IP
I. This License authorizes the establishment and operation of'a Waste
Processing Facility which will process up to a maximum annual
average of one thousand, five hundred twenty-six (1,526) tons per
day of municipal solid waste (MSW) into refuse derived fuel (RDF),
as described in:
1. The Licensee's "Application for a Solid Waste Facility License to
Permit the Operation of a Waste Processing Facility" and
Licensee's November 28, 1989 application for renewal of the
License for the Facility and supplemental correspondence from
Licensee to the City dated April 2, 1990, April 17, 1990, July 2,
1990, August 3, 1990 and September 6, 1990; Licensee's
November 20, 1991, application for renewal of the License;
Licensee's February 1, 1993, application for renewal of the
License; Licensee's November 8, 1995, application for renewal of
the License; and Licensee's November 2, 1999, application for
renewal of the license;
2. The Draft and Final Environmental Impact Statements for the
Anoka County Refuse Derived Fuel Resource Recovery Facility,
dated April 1986, and July 1986;
ill
1
3. The Combined Air and Solid Waste Permit No. 147A-86-OT-1 •
1410000-0003 for an Air Emission Facility, Air Pollution
Control Equipment, and Solid Waste Processing System, and
Permit for the Construction and Operation of a Waste
Processing Facility, No. SW-305 (collectively referred to as the
MPCA Permit), issued by the Minnesota Pollution Control
Agency (MPCA).
II. This License is issued subject to the requirements and conditions
set forth below in Section III, which are imposed for the purposes
of:
1. Satisfying the standards set forth in the Elk River City Code of
Ordinances, including Section 604 and Article IX thereof;
2. Promoting compatibility with and minimizing any potential
adverse effects upon properties and neighborhoods adjacent to
the Facility or within the City;
3. Protecting the public health, safety, and general welfare; •
4. Avoiding traffic congestion or hazard; and
5. Preventing land, water, or air pollution.
III. Requirements and Conditions:
1. Incorporation of Plans and Application Materials. Construction
and operation of the Facility shall be in accordance with the
plans and other materials submitted by Licensee to the City and
the MPCA, including those identified above in Section I of this
License, all of which are hereby made a part of this License.
Construction or operation in violation of any of the material
statements of fact, factual information, or representations made
by the Licensee to the City or MPCA shall be deemed to be a
violation of this License.
2. Submission of Final Plans. 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.
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3. Incorporation of MPCA Permit. The terms and conditions of the
MPCA Permit are specifically incorporated into this License and
the Licensee shall comply with all such terms and conditions
including, without limitation, the "Operating Conditions,"
"Special Operating Requirements," and "General Conditions: of
the MPCA Permit and that portion of the MPCA Permit denoted
"Permit No. SW-305." Any violation of the MPCA Permit will
constitute a violation of the terms of this license. Licensee shall
notify the City immediately of any violation of the terms,
conditions, or requirements of the MPCA Permit, and shall
advise the City as to what steps will be taken to correct said
violations.
4. Incorporation of Amendments to MPCA Permit. No amendment
or change to any term, condition, or requirement of the MPCA
Permit shall be incorporated into the License or become effective
with respect to this License until the City has received notice of
the proposed amendment and has specifically consented thereto
by amending this License to incorporate the MPCA Permit
Amendment.
5. Reporting Requirements. Copies of all plans, studies, reports,
and other materials required to be submitted to the MPCA by
Licensee shall be filed with the City, unless the City Building
111/ and Zoning Administrator or his designated representative
specifically notifies Licensee in writing that copies of specific
documents will not be necessary. Materials, which must be
provided unless declined, include, with limitation, all plans and
specifications; Operations Reports; residue management plans;
annual residue reports; contingency disposal plans; and waste
composition studies.
6. Incorporated of Solid Waste Facilities Ordinance. The Facility
and Licensee must at all times fully comply with the
requirements of Section 604 of the City Code, including
specifically Sections 604.30 (3) and (4). Any violation of the City
Code will constitute a violation of the terms of this License.
Licensee shall notify the City immediately of any such isolation
and shall advise the. City as to what steps will be taken to
correct said violations.
7. Incorporation of City Zoning Ordinance and Conditio:zal Permit.
The Facility and Licensee must at all times comply with the
terms and conditions of the conditional use permit issued for the
facility (the "CUP") and with the City's Zoning Ordinance,
including the performance standards set forth in Section 900.28
thereof. Any violation of the CUP or the Zoning Ordinance will
40 constitute a violation of the terms of this License. Licensee shall
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notify the City immediately of any such violation and shall .
advise the City as to what steps will be taken to correct said
violations.
8. Hazardous and Dangerous Wastes. There shall be no processing
of hazardous or dangerous waste at the Facility. Temporary
storage of Hazardous and Dangerous Wastes shall be allowed as
provided by Section 604 of the City Code. Licensee shall notify
the City immediately upon the discovery, release, or spill of any
hazardous or dangerous waste at the Facility and shall advise
the City what steps will be taken to contain and clean-up any
release or spill of such waste. The specific requirements of how,
when and how to notify at the City will be set forth in a separate
letter from City staff to Licensee, as provided in the CUP.
Licensee shall develop a plan for identifying hazardous and
dangerous wastes and the generators of such waste. This plan
shall include, at a minimum, the following elements:
A) Licensee shall thoroughly inspect a minimum of
three (3) MSW loads per week (average) selected on a
random basis. This inspection shall include opening
and inspecting every garbage bag in each load and
all other containers.
B) Licensee shall submit to the City a quarterly report •
containing, at the minimum, the following
information of each load inspected:
(i) The hauler and truck number of the load;
(ii) Any hazardous or dangerous waste found in
the load
(iii) Licensee's efforts to identify the generator of
any hazardous or dangerous waste found in
the load.
(iv) The identity, if known by Licensee, of the
generator of any hazardous or dangerous
waste found in the load;
(v) The actions which Licensee is taking against
the generator and hauler of any such
hazardous or dangerous waste found in the
load;
(vi) Licensee's record of disposal of any hazardous
or dangerous waste found in the load.
C) Licensee shall advise the City Building and Zoning
Administrator, if requested, when these loads are
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being inspected and the City shall have the right to
have its personnel on-site to observe the inspection
process.
D) Licensee shall develop, for City approval, a dust
control plan, including maximum allowable levels of
dust in the air and on surfaces at the Facility; and
shall schedule, on a regular basis, down time for dust
control pursuant to the plan, major repairs and
cleaning of the Facility. City shall have the right to
thoroughly inspect the Facility for dust control,
cleanliness and compliance with the other terms of
this License during such down time.
E) To further ensure compliance with restrictions in
this License, and in Section 604 of the City Code of
Ordinances, on the handling and processing of
hazardous and dangerous wastes, and to protect the
public health, safety, and general welfare of the
citizens of Elk River, the City shall have the right,
upon thirty (30) days notice to Licensee, to have an
inspector at the Facility twenty-four (24) hours a
day. These inspectors shall have the right of access
to all areas of the Facility, twenty-four (24) hours a
• day, for the purposes of inspection to ensure
compliance with all of the terms and conditions of
this License, the conditional use permit for the
Facility, and Section 604 of the City Code. The on-
site City inspector shall have the right at any time to
take one or more of the following actions:
(i) Order a load of MSW inspected, pursuant to
the procedures set forth above;
(ii) Order the Facility cleaned, if a violation of the
dust control plan is observed; or
(iii) Order the Facility shut down if necessary to
bring it into compliance with the dust control
plan or any other term or condition of this
License, the conditional use permit for the
Facility, or Section 604 of the City Code.
9. RDF and Reject Disposal. All Mixed Municipal Solid Waste not
burned, including unburned RDF, RDF process Rejects and RDF
Residues, shall be disposed of in strict compliance with the
requirements of Section 604 of the City Code and Chapter 7035
of Minnesota Rules.
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10.RDF Truck Haul Routes. To minimize the impact of the Facility
•
on other land uses and activities in the area, unless otherwise
approved or directed by the Building and Zoning
Administrator and his/her designees, all RDF hauling
trucks transporting RDF from the Facility to the UPA GRE
Waste Burning Facility shall use the following routes: (1) from
the facility via 165th Avenue to Highway 10 and from Highway
10 directly into the UPA GRE Facility; or (2) from the Facility
via 165th Avenue to Highway 10, Highway 10 to Main Street,
Main Street to UPA Drive, and from UPA Drive into the UPA
GRE Facility. RDF trucks returning from the UPA GRE
Facility directly onto Highway 169, Highway 169 to Highway 10,
Highway 10 to 165th Avenue, and from 165th Avenue directly
into the Facility. Incoming and outgoing traffic from the Facility
shall be controlled by the Licensee in such a manner as to
provide orderly and safe ingress and egress and so as not to
impede or interfere with general traffic.
11.Processing and Storage Areas to be Fully Enclosed. All MSW
and RDF receiving, processing, and storage areas at the Facility
shall be fully enclosed. Adequate facilities shall be provided to
insure that under no circumstances will there be any exterior
storage of MSW or RDF, except in enclosed trailers or trucks.
Licensee shall create a 20-foot fire break between the conveyor •
on the tipping floor of the Facility to the garbage on the tipping
floor. All RDF haul trucks leaving the facility shall be securely
covered so that no RDF or other matter may escape.
12.Hours. The Facility may operate twenty-four (24) hours a day
on a temporary basis. The City reserves the right to restrict the
hours of operation of the Facility to normal Business hours if
noise emanating from the Facility to surrounding residential
properties is unacceptable. Hours of Receiving and transporting
MSW and rejects at the Processing Facility may take place
twenty-four (24) hours a day shall be limited to 6:00 a.m. to
9:00 p.m. Monday through Saturday, provided that from 6:00
a.m. to 9:00 p.m. the Facility may only receive MSW from the
Hennepin County Transfer Station In Brooklyn Park.
However, the City reserves the right to restrict further the
hours of receiving and transporting MSW at the processing
facility if necessary to protect the public health, safety, or
general welfare. Rejects may be transported during the hours of
4:00 a.m. to 8:00 p.m. Monday through Saturday, and during the
hours from 9:00 a.m. to 2:00 p.m. on Sundays, provided that
hauling of rejects on Sundays shall be limited to Highway 10
east of the intersection of Highway 10 and Highway 169 and to
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Highways 169 and 101. RDF may be transported twenty-four
(24) hours a day, but not to GRE from 4:00 p.m. to 6:30
p.m. on Fridays and the day before a holiday weekend
outside those hours, but not to UPA during the hours of 4:00
p.m. to 6:30 p.m. on any day. Licensee, in cooperation with the
City Council, shall designate one(1) night of the Monday-Friday
week when individual citizens may enter and exit the Facility
until 8:00 p.m.
13.Public Drop Off. Licensee shall provide an area at the Facility
for disposal of solid waste by individual citizens and shall, in
cooperation with the City Council designate one night of the
Monday through Friday week when individual citizens may
enter and exit the Facility until 8:00 p.m. Open top trailers
shall be allowed for public drop-off of solid waste, but shall be
covered at all times when the public drop-off is not open.
Licensee shall also advertise on at least a quarterly basis the
availability of this public drop off facility and the fee charged for
it, and shall cooperate with the City in recycling efforts.
14.Wash Water and Storm Water Run off. All truck and facility
wash water shall be diverted and captured in a retention tank so
it does not enter the groundwater system. Captured wash down
water shall be disposed of as required by the MPCA, and shall
• not be disposed of in the City's Waste Water Treatment Plant.
Licensee shall also test storm water run-off captured in the on-
site retention/detention pond, and shall provide written reports
on these test results to the City, as provided in the rain water
run-off sampling plan submitted by Licensee. If the required
tests indicate water quality problems in rain water run-off,
Licensee shall submit to the City for approval a plan for
addressing such problems and shall implement such solutions as
are required by City.
15.Security and Litter Control. The Facility shall be enclosed by a
minimum six foot and no more that eight foot high chain link
fence. Licensee shall engage in a regular and routine litter
maintenance and removal program as required by the CUP.
16.Signage. Licensee shall erect and maintain at each entrance to
the Facility a permanent sign stating the name of the Facility,
the MPCA Permit number and stating the hours and days the
Facility to open for public use.
17.License Fees. Licensee shall promptly pay the License
application fee and annual License fees required by Section 604
of the City Code.
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18.Inspections. Licensee shall make the Facility available for
inspections as required by the CUP and Section 604 of the City •
Code.
19.Insurance and Bonding. This License shall not take effect until
the insurance and bonding requirements set forth in Section
604.12 of the City Code have been complied with.
20.Expiration and Renewal. This License shall expire on January
31, 2000 2004, as provided by Section 604 of the City Code.
Renewal of this License shall be governed by the procedures and
requirements of Section 604.14 of the City Code.
21.Suspension and Revocation. This License is subject to
suspension and/or revocation pursuant to the procedures and
standards set forth in Section 604 of the City Code.
22.Violations. Any violation of terms and conditions of this License
shall also be considered a violation of Section 604 of the City
Code and, in addition to suspension or revocation of this License
as provided in Section 604. 14 of the City Code, the City may
Proceed to seek enforcement of this License and the Solid Waste
Facilities Ordinance under Section 604.34 thereof.
23.Indemnification of City. Licensee shall defend and hold the
City, its officers, and employees harmless from all claims made
by third parties for damages sustained or costs incurred
resulting from Facility approval, construction, and operation. •
The Licensee shall indemnify the City, its officers, and
employees for all costs, damages, or expenses which the City
may pay or incur in consequence of such claims, including
attorneys' fees. The aforesaid defense, indemnity, and hold
harmless provisions shall not be in effect from and after the date
that the occurrence giving rise to the claim in question is
determined by a court with jurisdiction over the matter to have
been caused solely by the willful conduct or negligence of the
City, its officers or employees. Until the date of such judicial
determination, the defense, hold harmless and indemnification
provisions shall be in full force and effect and in the event of
such judicial determination, the City shall reimburse the
Licensee all of its costs and expenses incurred on behalf of the
City in connection with the foregoing. Nothing herein shall be
construed to prohibit the City from selecting its own counsel to
act as co-counsel in the defense of such matters. The Licensee
agrees to indemnify, defend, and hold harmless the City of Elk
River, its Council members, officers, and employees from any
claims or damages arising out of any acts or omissions on the
part of the Licensee and any of the participating counties or
their commissioners, agents, or employees in the performance of
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the counties' contractual obligations under the agreements with
the Licensee, from any strict liability imposed upon the City
pursuant to Minn. Stat. 115b.01, et. seq. 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 of the part of
the Licensee shall include, but not be limited to, any and all
actions, claims, requirements, or claims for damages arising out
of the granting of this License for the Facility. The indemnities
provided in this paragraph 23 are subject to the limits of
liability set forth in Minnesota Statutes Sections 466.04 and
466.06, as amended from time to time, if effective as to the
particular indemnified action or claim. Nothing in this License
is intended to waive the immunities to which the City is entitled
by law.
24.Waiver and Claims. The Licensee waives and releases the City
from all claims, direct or indirect, arising or claimed to have
arisen out of all actions or inactions relating to the City's
consideration or issuance of the License.
25.Costs. The Licensee shall reimburse the City for all costs
incurred in enforcement of this License, including consultant
• and attorneys' fees, as provided in Section 604 of the City Code.
Failure by Licensee 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 for the Facility, shall be cause for revocation of this
License.
26.License Binding. This License and its conditions shall be
binding upon Licensee and its successors and assigns. The
assignment by Licensee of its interest in the Facility shall not
relieve it of responsibility and liability under this License
without the written consent of the City, which consent shall not
be unreasonably withheld.
27.Severability. If any portion, section, subsection, sentence,
clause, paragraph, or phrase of this license, the CUP, the MPCA
Permit or the Solid Waste Facilities Ordinance is for any reason
held invalid, such decision shall not affect the validity of the
remaining portions of the License.
28.Amendments or Waivers in Writing. The action or inaction of
the City shall not constitute a waiver or amendment to the
provisions of this License. To be binding, amendments or
waivers shall be in writing, signed by the Licensee, and
• approved by written resolution of the City Council. The City's
9
failure to promptly take legal action to enforce this License shall
not be a waiver or release. 110
29.Notices. Required notices to the Licensee shall be in writing,
and shall be either hand delivered to the Licensee, its employees
or agents, or mailed to the Licensee by certified or registered
mail at the following address:
Elk River Resource Recovery Facility
10700 165th Avenue NW
Elk River MN 55330
ATTN: Plant Superintendent Plant Manager
Notice to the City shall be in writing, and shall be either hand delivered to
the City Administrator Building and Zoning Administrator, or mailed to
the City by certified or registered mail in care of the City Administrator
Building and Zoning Administrator at the following address:
City of Elk River
City Hall 13065 Orono Parkway PO Box 490
Elk River, MN 55330
Attention: City Administrator
Building and Zoning Administrator
•
IV. This License will take effect when all of the conditions precedent to
the issuance of the License have been met and Licensee, or its duly
authorized representative, has executed this License indicating
Licensee's consent to all of the terms and conditions of the License,
the Conditional Use Permit for the Facility, and Section 604 of the
City Code.
V. In no event shall operations at the Facility commence until all of
the terms, conditions and requirements contained in or
incorporated into this Licensee have been met, including all
required test, reports, and inspections.
Dated: By:
Stephanie A. Klinzing, Mayor
By:
Patrick Klaers
City Administrator
Stephen Rohlf
Building and Zoning Administrator
1111
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CONSENT OF LICENSEE
The undersigned duly authorized representative of Northern States
Power Company NRG, the Licensee under this License, on behalf of the
Licensee, represents that Licensee has fully examined this License, the
Conditional Use Permit for the Facility, and Section 604 of the City Code;
and that Licensee consents to each and every condition contained in or
incorporated into the License, the CUP, and the City Code.
Each person signing below on behalf of the Licensee does so upon the
authority of the Board of Directors of the Licensee, and a resolution
documenting such authority is attached hereto.
LICENSEE:
NORTHERN STATES POWER COMPANY NRG
By:
. Its:
By:
Its:
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