5.2 A(
ITEM # 5.2.
Memorandum
Sity of
E 1 k TO: MAYOR AND CITY COUNCIL
•
River FROM: STEPHEN ROHLF,BUILDING AND
ZONING ADMINISTRATOR
DATE: NOVEMBER 23, 1999 '51K
SUBJECT: RENEWAL OF CONDITIONAL USE
PERMIT TO OPERATE A SOLID
WASTE FACILTY BY GRE/P.H.
CASE#CU 99-34
Request
Great River Energy (GRE) is requesting approval of the renewal of their conditional use
permit and solid waste permit to burn Refuse Derived Fuel (RDF) at their Elk River
electrical generation station. Whereas,the Planning Commission reviews conditional use
permit renewals,they do not typically review licenses. However, the Council has always
encouraged and considered Planning Commission comments on solid waste licenses.
Attachments
11111 Both the solid waste license and conditional use permit for GRE's facility are attached to
this memo. Language proposed to be deleted has been underlined in these documents and
language proposed to be added is in bold type. Attachment"A"to these documents
contains the legal description of the affected property. A vicinity map has also been
included.
Background
The original permits for this facility were approved by the city on February 9, 1987. The
attached conditional use permit and solid waste license contain the history of the renewal
dates for permits, which were every two years. However, since the city's issues with the
plant have been worked out over time and the renewals were becoming somewhat
routine,the period between renewals was lengthened to every four years in 1995.
Review
A concerted effort between staff a GRE to resolve problems at this facility has been made
over the years. Modifications in the design and operational procedures at the plant have
almost eliminated exceedances on emission standards. This accomplishment is even
more significant since stricter emission standards have been put into place since the plant
was first modified to burn RDF. There have been no exceedances thus far in 1999.
Recommendation
Staff views proposed changes to GRE's conditional use permit and solid waste license as
411 housekeeping issues. Staff is recommending approval of both GRE's conditional use
permit and solid waste license with the modifications proposed.
s:\b&z\stever\camascup.doc
13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD&Phone: (612)441-7420 •Fax: (612)441-7425
•
AMENDED CONDITIONAL USE PERMIT NO. 87-10
For
United Power Association Great River Energy (GRE) 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, January 18, 1994, January 15, 1996, and
December 20, 1999, subject to the following terms:
1. This Amended Conditional Use Permit No. 87-10 (the Permit) is for the
construction and operation, on the property identified in Exhibit A
attached hereto, 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 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 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,November 30, 1993, November 22, 1995,
and November 2, 1999 applications of Permittee for renewal of the
Conditional Use Permit 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
411 the City in support of the application for this Conditional Use Permit and
collectively describe the Waste Burning Facility authorized by this Permit. 410Construction 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
1410000-0003, or Permit for a Waste Processing Facility and System,No.
SW-305 and NPDES Permit No. MN001988.
•
2
• 9. This Permit authorizes burning at the Facility of up to 1,050 tons per day
of RDF as a monthly average.
10. All RDF and Ash-hauling truck traffic must enter the Facility site directly
from Highway 10, Highway 169, or UPA Drive; and must exit the Facility
directly onto Highway 169, unless otherwise approved or directed by
the Building and Zoning Administrator or his/her designees. 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 on Fridays and the day before a holiday
weekend. 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
approve 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.
411
3
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
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 the permittee to John Klovning dated January 23,
1987, and with all applicable city, county, sate, 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 Facility, the
preparation of this Permit, and all costs and expenses incurred by
the City in monitoring and inspecting the construction and •
4
• 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 attorney's 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 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.
The indemnities provided in this paragraph B are subject to the
limits of liability set forth in Minnesota Statutes Sections 46.04
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 actions or
•
5
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 1410000-
0003 or NPDES Permit No. MN0001988 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 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.
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:
6
• United Power Association
ATTN: General Manager Manager,Elk River Station
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 Building and Zoning Administrator at
the following address:
City of Elk River
City Hall 13065 Orono Parkway NW PO Box 490
Elk River, Minnesota 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 original date of the prior approval. 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 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 designated in the Permit until all of the
conditions have been met by the Permittee and are inspected by the City.
•
7
•
PERMITTEE:
UNITED POWER ASSOCIATION
GRE
By:
Its:
STATE OF MINNESOTA )
)
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of ,
1999, by , the
of United Power Association Great River Energy, a Minnesota corporation, on behalf of
the corporation.
Notary of Public •
THIS INSTRUMENT WAS DRAFTED BY:
Building and Zoning Department
City of Elk River
•
8
CITY OF ELK RIVER
SOLID WASTE FACILITY LICENSE
UNITED POWER ASSOCIATION
GREAT RIVER ENERGY (GRE)
WASTE BURNING 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 Ordinance) of the City of
Elk River Code of Ordinances (the City Code) to United Power Association GRE (the
Licensee) for the establishment and operation of a Waste Burning Facility (the Facility)
upon the property legally described in Exhibit A to this License (the Site).
This License authorizes the establishment and operation of a Waste Burning
Facility which will burn a maximum of one thousand fifty (1,050)tons per day of
refuse derived fuel (RDF) as a monthly average, as described in:
1. Licensee's Application for a Solid Waste Facility License to Permit the
Operation of a"Waste Burning Facility" and supplemental
correspondence from Licensee to the City's consultant, John Klovning of
• Cedar Corporation, dated January 23, 1987; Licensee's November 30,
1989, application for renewal of the License for the Facility; Licensee's
November 13, 1991, application for renewal of the license and
supplemental correspondence from Licensee to the City's Consultant
dated November 20, 1991; Licensee's November 30, 1993, application for
renewal of the License; Licensee's November 22, 1995, application for
renewal of the License; and Licensee's November 2, 1999, application
for renewal of the License, including all attachments thereto;
2. The Draft and Final Environmental Impact Statements for the Anoka
County Refuse Derived Fuel Resource Recovery Facility, dated April
1986, and July 1986;
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 License to the City or MPCA shall be deemed to be a
violation of this Permit.
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.
3. Incorporation of MPCA Permit and Regulations. The terms and
conditions of the MPCA Permit and all MPCA Regulations applicable to
the Facility are specifically incorporated into the License and the Licensee
shall comply with all such terms and conditions including, without
limitation, the "Special Conditions;" "Special Conditions Relating to DJ
and Solid Waste;" and"General Conditions" of the MPCA Permit. Any
violation of the MPCA Permit or any MPCA Regulation will constitute a
violation of the terms of this License. Licensee shall notify the City
immediately of any violation of the terms, conditions, or requirements of
the MPCA Permit or MPCA Regulations, and shall advise the City as to
what steps will be taken to correct said violations.
4. Incorporation of Amendments to MPCA Permit or Regulations. No
amendment or change to any term, condition, or requirement of the MPCA
Permit or Regulations shall be incorporated into this License or become
effective with respect to this License until the City has received notice of
the proposed amendment an has specifically consented thereto by
amending this License to incorporate the MPCA Permit Amendment,
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• except those amendments which impose stricter performance, performance
standards, testing or reporting requirements on the Facility.
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 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, without limitation, all plans and
specifications; performance testing and monitoring results; testing and
monitoring plans; the ash management program, including the ash disposal
plan and ash evaluation reports; and all emission inventory reports.
6. Incorporation 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 604.28 (3) and (4).
Any violation of the City Code will constitute a violation of the terms of
the License. Licensee shall notify the City immediately of any such
violation and shall advise the City as to what steps will be taken to correct
said violations.
7. Incorporation of City Zoning Ordinance and Conditional 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 constitute a violation of the terms of the
License. Licensee shall notify the City immediately of any such violation
and shall advise the City as to what steps will be taken to correct said
violations.
8. Performance Testing. In addition to all testing and monitoring required by
the MPCA Permit, Licensee shall test the emission levels from the Facility
of Polychlorinated Dibenzo-p-Dioxins (PCDD) and Polychlorinated
Dibenzofurans (PCDF) (Dioxins and Furans) and the following heavy
metals every fifteen(15) twelve (12) months: arsenic, beryllium,
cadmium, chromium, lead, mercury, nickel, and selenium.
9. Hazardous and Dangerous Wastes. There shall be no burning 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
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
such release or spill.
•
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10. Storage Areas to be Fully Enclosed. All RDF receiving, handling, and
storage areas at the Facility, shall be fully enclosed and sprinkled, •
including the pit in the receiving building, the hood over the conveyor in
the receiving building, and the entire RDF conveyor from the receiving
building to the burners. Adequate ash storage facilities shall be provided
to insure that under no circumstances will ash be stored in anything but
fully enclosed structures. The ash load-out building shall be constructed
as shown on the plans approved by the City on September 26, 1991.
Ventilation and filters shall be provided for this building sufficient so that
ash particles are not being exhausted outside the building. All ash and
other haul trucks leaving the Facility shall be securely covered so that no
ash, residue, or other particulate matter may escape.
11. Ash Disposal. All ash shall be permanently transported out of the City
except that portion, if any, which is attributable to municipal solid waste
provided to the Facility by Sherburne County, unless otherwise approved
by the City and Sherburne County. Ash 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 line and leachate
collection system adequate to collect all leachate which may be generated .
at the Site.
12. RDF and Ash truck Haul Routes. To minimize the impact of the Facility
on other land uses and activities in the area, all trucks hauling RDF to the
Facility from the NSP Waste Processing Facility shall use the following
routes: (1) from the NSP NRG Facility via 165th Street Avenue to
Highway 10 and from Highway 10 directly into the Facility; or(2) from
the NSP NRG Facility via 165th Street Avenue to Highway 10, Highway
10 to Main Street, Main Street to UPA Drive, and from UPA Drive into
the Facility. RDF trucks returning from the Facility to the NSP NRG
Facility shall use the following route: From the Facility directly onto
Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Street
Avenue, and from 165th Street Avenue directly into the NSP NRG
Facility. All ash and other hauling truck traffic must enter the Facility
directly from Highway 10, UPA Drive, or Highway 169; and must exit the
Facility directly onto Highway 169. As needed, routes other than those
described above may be approved or ordered by the Building and
Zoning Administrator and his/her designees. 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 on Fridays and the day before a holiday weekend. Incoming and
outgoing traffic from the Facility shall be controlled by the Licensee in
•
s:\b&z\stever\upaexhb.doc 4
• such a manner as to provide orderly and safe ingress and egress and so as
not to impede or interfere with general traffic.
13. Signage. Licensee shall erect and maintain at each entrance to the Facility
a permanent sign stating the name of the Facility and the MPCA Permit
number.
14. License Fees. Licensee shall promptly pay the License application fee and
annual License fees required by Section 604 of the City Code.
15. Inspections. Licensee shall make the Facility available for inspections as
required by the CUP and Section 604 of the City Code.
16. Insurance and Bonding. The 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.
17. 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 standards set forth in
Section 604.14 of the City Code.
18. 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.
19. Violations. Any violation of the 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.
20. 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 attorney's 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
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determination, the City shall reimburse the Licensee all of its costs and •
expenses incurred on behalf of the City in connection with the foregoing.
Nothing herein shall be construed to prohibit the City from selecting its
own counsel to act as co-counsel in the defense of such matters. The
Licensee agrees to indemnify, defend, and hold harmless the City of Elk
River, its Council members, officers, and employees from any claims or
damages arising out of any acts or omissions on the part of the Licensee
and any of the participating counties or their commissioners, agents, or
employees in the performance of the counties' contractual obligations
under the agreements with the Licensee, from any strict liability imposed
upon the City pursuant to Minn. Stat. § 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 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 20 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.
21. 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.
22. Costs. The License shall reimburse the City of 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.
23. 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.
24. 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
•
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decision shall not affect the validity of the remaining portions of the
License.
25. 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 failure to promptly take legal action to enforce this License
shall not be a waiver or release.
26. 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:
United Power Association GRE
ATTN: Manager, Plant Operations
Manager,Elk River Station
17845 U.S. Highway 10 NW
Elk River, Minnesota 55330
Notice to the City shall be in writing, and shall be either hand delivered to
the City Administrator Building and Zoning Administrator at the
following address:
• City of Elk River
City Hall 13065 Orono Parkway NW
Elk River, Minnesota 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 this 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 tests, reports, and inspections.
Dated: By:
Stephanie A. Klinzing, Mayor
By:
Patrick Klaers Stephen Rohlf
City Administrator Building and Zoning Administrator
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CONSENT OF LICENSEE
1111
The undersigned duly authorized representative of United Power Association
GRE, 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:
UNITED POWER ASSOCIATION GRE
By:
Its:
By:
Its:
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